20210934 Ver 2_Public Notice_20230626

ImPUBLIC NOTICE
US Army Corps
Of Engineers
Wilmington District
Issue Date: May 26, 2023
Comment Deadline: June 25, 2023
Corps Action ID Number: SAW-2021-01104
The Wilmington District, Corps of Engineers (Corps) received an application on May 16,
2023, from Envision Homes seeking Department of the Army authorization to discharge
dredged or fill material into a pond within The Preserves at Holland residential
development in Fuquay-Varina, in Wake County, North Carolina.
Specific plans and location information are described below and shown on the attached
plans. This Public Notice and all attached plans are also available on the Wilmington
District Web Site at:
https://www.saw.usace.army.miI/Missions/Regulatory-Permit-Program/Public-Notices/
Applicant:
AGENT (if applicable):
Authority
Envision Homes
Attn: Josh Swindell
4441 Six Forks Road
Raleigh, North Carolina 27609
Mitchell Environmental, PA.
Attn: Scott Mitchell
1501 Lakestone Village Lane, Suite 205
Fuquay-Varina, North Carolina 27526
The Corps evaluates this application and decides whether to issue, conditionally issue,
or deny the proposed work pursuant to applicable procedures of the following Statutory
Authorities:
❑ Section 404 of the Clean Water Act (33 U.S.C. 1344)
❑ Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)
❑ Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33
U.S.C. 1413)
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Location
Location Description: The proposed project (Project) is located south of Holland Road
and north of the intersection of Chimney Ridge Drive and Harvest Point Drive in
Fuquay-Varina, in Wake County, North Carolina.
Project Area (acres): -1.03 acres Nearest Town: Fuquay-Varina
Nearest Waterway: UT to Kenneth Creek River Basin: Cape Fear
Latitude and Longitude: 35.568989 N,-78.780729 W
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The project area (Site) consists of and is immediately bound by undeveloped
woodlands. These woodlands are bound by the Preserves at Holland, Morgan Creek,
and Amber Ridge residential developments to the north, west and south, respectively.
Undeveloped woodlands and a single-family homestead are located east of the site.
The Site is within the Buies Creek -Cape Fear River sub -watershed in the Cape Fear
River Basin (Hydrologic Unit Code [HUC] 03030004). The site drains to Kenneth Creek
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(Stream Index 18-16-1(1)) which is a designated Class C water (Aquatic Life,
Secondary Contact Recreation, Fresh Water) by the North Carolina Department of
Environmental Quality (NCDEQ).
Based on information obtained from the United State Department of Agriculture (USDA)
Natural Resources Conservation Service (NRCS) Soil Survey for Wake County, soils
within the Site are mapped as Bibb sandy loam, 0 to 2 percent slopes, frequently
flooded (BbA).
Based on information obtained from the Wake County Soil Survey issued November
1970, vegetation typically found within the BbA soil group consists of loblolly pine (Pinus
taeda), green ash (Fraxinus pennsylvanica), Shumard oak (Quercus shumardii) and
cherrybark oaks (Quercus pagoda), yellow poplar (Liriodendron tulipifera), sycamore
(Platanus occidentalis) and swamp tupelo (Nyssa aquatica).
The Corps issued a preliminary jurisdictional determination (SAW-2021-01104) for an
approximately 29-acre area, which included the entirety of the Site, on August 16, 2021.
The Corps determination identified three potentially jurisdictional wetland waters
(Wetland A, B and C) and one potentially jurisdictional non -wetland water (Pond 1). The
Site itself contains Pond 1 (0.40 acre) and Wetland B (0.34 acre).
A Nationwide Permit 29 (Residential Developments) verification was issued for activities
associated with the Preserves at Holland subdivision, on August 16, 2021. The
verification authorized the temporary discharge of dredged material within, and the
permanent conversion of, 0.071 acre of forested wetlands to herbaceous wetland for
sewer utility installation.
Applicant's Stated Purpose
The applicant's stated purpose of the proposed project (Project) is to fill an existing,
leaking farm pond (Pond 1) and adjacent wetland (Wetland B). The applicant stated that
the pond poses a safety hazard as it currently sits, with a failing dam and non-
functioning outlet.
Project Description
The Project would permanently discharge fill material within 0.75 acre of open water
(Pond 1) and 0.071 acre of wetlands (Wetland B). Pond 1 and Wetland B are located
within the area shown as "Open Space #Y depicted in the southeast corner of the "The
Preserves at Holland - Overall Lot Layout" exhibit. According to the applicant, mature
vegetation is established on the dam of Pond 1 causing degradation of the structure.
Additionally, the applicant noted that the pond's outlet is non-functional resulting in
water overtopping the dam. The permanent discharge of fill material within Wetland B
was unavoidable based on its proximity to Pond 1 according to the applicant. Standard
construction equipment would be used to complete the proposed activities.
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Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or
minimize impacts to the aquatic environment:
The applicant stated that avoidance of Wetland B is not practical due to its proximity of
the proposed fill within Pond 1.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment:
The applicant is not proposing compensatory mitigation since the proposed wetlands
loss impact is less than 1/10th acre.
Essential Fish Habitat
The Corps' determination is that the proposed project would not effect EFH or
associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management
Councils or the National Marine Fisheries Service.
Cultural Resources
Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C
of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix
C, the District Engineer consulted district files and records and the latest published
version of the National Register of Historic Places and initially determines that:
® No historic properties, nor properties eligible for inclusion in the National
Register, are present within the Corps' permit area; therefore, there will be no
historic properties affected. The Corps subsequently requests concurrence from
the SHPO (or THPO).
The District Engineer's final eligibility and effect determination will be based upon
coordination with the SHPO and/or THPO, as appropriate and required, and with full
consideration given to the proposed undertaking's potential direct and indirect effects on
historic properties within the Corps -identified permit area.
Endangered Species
Pursuant to the Endangered Species Act of 1973, the Corps reviewed the project area,
examined all information provided by the applicant and consulted the latest North
Carolina Natural Heritage Database. Based on available information:
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® The Corps is not aware of the presence of species listed as threatened or
endangered or their critical habitat formally designated pursuant to the
Endangered Species Act of 1973 (ESA) within the project area. The Corps will
make a final determination on the effects of the proposed project upon additional
review of the project and completion of any necessary biological assessment
and/or consultation with the U.S. Fish and Wildlife Service and/or National
Marine Fisheries Service.
Other Required Authorizations
The Corps forwards this notice and all applicable application materials to the
appropriate State agencies for review.
North Carolina Division of Water Resources (NCDWR):
® The Corps will generally not make a final permit decision until the NCDWR
issues, denies, or waives the state Certification as required by Section 401 of
the Clean Water Act (PL 92-500). The receipt of the application and this public
notice at the NCDWR Central Office in Raleigh constitutes initial receipt of an
application for a 401 Certification. Unless NCDWR is granted a time review
extension, a waiver will be deemed to occur if the NCDWR fails to act on this
request for certification within 120 days of the date of this public notice.
Additional information regarding the 401 Certification may be reviewed at the
NCDWR Central Office, 401 and Buffer Permitting Unit, 512 North Salisbury
Street, Raleigh, North Carolina 27604-2260. All persons desiring to make
comments regarding the application for a 401 Certification should do so, in
writing, by June 16, 2023, to:
NCDWR Central Office
Attention: Supervisor, 401 and Buffer Permitting Unit
(USPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699-
1617
93
(physical address): 512 North Salisbury Street, Raleigh, North Carolina
27604
North Carolina Division of Coastal Management (NCDCM):
® Based upon all available information, the Corps determines that this application
for a Department of Army (DA) permit does not involve an activity which would
affect the coastal zone, which is defined by the Coastal Zone Management
(CZM) Act (16 U.S.C. § 1453).
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Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts including cumulative impacts of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative
effects thereof; among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, historic properties, fish and wildlife values, flood
hazards, flood plain values (in accordance with Executive Order 11988), land use,
navigation, shoreline erosion and accretion, recreation, water supply and conservation,
water quality, energy needs, safety, food and fiber production, mineral needs,
considerations of property ownership, and, in general, the needs and welfare of the
people. For activities involving the discharge of dredged or fill materials in waters of the
United States, the evaluation of the impact of the activity on the public interest will
include application of the Environmental Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials, including any consolidated State Viewpoint or written position of
the Governor; Indian Tribes and other interested parties in order to consider and
evaluate the impacts of this proposed activity. Any comments received will be
considered by the Corps of Engineers to determine whether to issue, modify, condition,
or deny a permit for this proposal. To make this decision, comments are used to assess
impacts on endangered species, historic properties, water quality, general
environmental effects and the other public interest factors listed above. Comments are
used in the preparation of an Environmental Assessment (EA) and/or an Environmental
Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA).
Comments are also used to determine the need for a public hearing and to determine
the overall public interest of the proposed activity.
Any person may request, in writing, within the comment period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearings
shall state, with particularity, the reasons for holding a public hearing. Requests for a
public hearing will be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
The Corps of Engineers, Wilmington District will receive written comments pertinent to
the proposed work, as outlined above, until 5pm, June 25, 2023. Comments should be
submitted to George Lyle Phillips III, Raleigh Regulatory Field Office,
3331 Heritage Trade Drive, Suite 105 , Wake Forest, North Carolina 27587, at (919)
588-9200. Comments may also be submitted to [e-mail].
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