20201996 Ver 2_Public Notice_20240209

ImPUBLIC NOTICE
US Army Corps
Of Engineers
Wilmington District
Issue Date: February 9, 2024
Comment Deadline: March 9, 2024
Corps Action ID Number: SAW-2024-00143
The Wilmington District, Corps of Engineers (Corps) received an application on January
17, 2024 from Rocky Point Properties, LLC, c/o: Mark Maynard Jr. seeking Department
of the Army authorization to permanently impact and fill 0.456-acres of wetlands, 0.24-
acres of open water ditch and 160 linear feet of stream, associated with the
development and construction of a single family residential subdivision (Falls Mist) on
Highway 117 in the community of Rocky Point in 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: Mr. Mark Maynard Jr.
Rocky Point Properties, LLC
10 South Cardinal Drive
Wilmington, NC 28403
AGENT (if applicable):
Authority
Ms. Dana Lutheran
Southern Environmental Group, Inc. (SEGI)
5315 South College Road, Suite E
Wilmington, NC 28412
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:
❑x 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)
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❑ Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33
U.S.C. 1413)
Location
Location Description: Location Description
Project Area (acres): 218
Nearest Town: Rocky Point
Nearest Waterway: Turkey Creek
River Basin: Cape Fear
Latitude and Longitude: 34.42123 N,-77.89667 W
Existing Site Conditions
This 218-acre site is located off NC Highway 117 in the Rocky Point area of Pender
County, NC. The parcels that will be developed include 3234-24-6900-0000, 3234-53-
1216-0000 & 3234-53-1216-0000. The project site is mostly flat uplands that were
historically managed and used for forestry and silvaculture. The land abuts Turkey
Creek and its Forested Wetlands on the west and in a portion of the southern boundary.
There are two unnamed tributaries of Turkey Creek that flow through a large portion of
the western side of the project. In total the site contains 69.06-acres of wetlands, 8108
linear feet of stream, and 4444 linear feet of open water ditches.
Soils within the lower, wetland areas consist of Muckalee (MK) and Grifton loamy fine
sand (Gt) with upland areas being mapped as Marvyn (McC), Craven (McC), Goldsboro
fine sandy loam (GoA), Foreston loamy fine sand (Fo) and Norfolk loamy fine sand
(NoA).
The Corps' previous history with this area includes the issuance of a NWP in 2008 to
impact 0.18-acres of waters of the U.S. (WOTUS). For various reasons this project
never got started. In 2022, the applicant again applied and received authorizations
(NWP 29 & 401 Individual Certification) to impact 0.386-acres of wetlands and 0.018-
acres of stream impacts. This project is known as Falls Mist Gardens. (See Falls Mist
Supplemental Attachments page 2).
Applicant's Stated Purpose
The applicant's purpose as disclosed in the application is to develop roughly 218-acres
of land to provide single family homes within the rocky Point Community. The project
will provide 563 lots/homes to a fast-growing section of Pender County.
Project Description
The proposed project will discharge fill material into 0.47-acres of Bottomland Hardwood
Forest wetlands, 0.0127-acres of stream bed and .24-acres of Open Water Ditch
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impacts. The combined impacts are required for the construction and installation of road
crossings, utilities, and for lot development. (See Falls Mist Supplemental Attachments
pages 6, 7 & 8)
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 evaluated several off -site
and on -site alternatives and determined that the preferred project is the least
environmentally damaging yet practicable alternative.
The applicants stated minimization efforts included that the wetlands and stream impacts
will be for road crossings to access upland areas for development within the project site.
The open water ditch impact is unavoidable since it runs across the middle of the project
site.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment: The applicant proposes to purchase wetland
mitigation credits from the Northeast Cape Fear Umbrella Mitigation Bank to offset the
permanent wetland loss..
Essential Fish Habitat (EFH)
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.
N/A
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:
❑ Should historic properties (i.e., properties listed in or eligible for inclusion in the
National Register of Historic Places) be present within the Corps' permit area, the
proposed activity requiring the DA permit (the undertaking) is a type of activity
that has no potential to cause an effect to an historic property.
❑ No historic properties (i.e., properties listed in or eligible for inclusion in the
National Register of Historic Places) are present within the Corps' permit area;
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therefore, there will be no historic properties affected. The Corps subsequently
requests concurrence from the SHPO and/or THPO.
❑ Cultural resources that have been determined not eligible for inclusion in the
National Register of Historic Places are present within the Corps' permit area;
therefore, there will be no historic properties affected by the proposed work. The
Corps subsequently requests concurrence from the SHPO and/or THPO.
❑ Historic properties (i.e., properties listed in or eligible for inclusion in the National
Register of Historic Places), are present within the Corps' permit area; however,
the undertaking will have no adverse effect on these historic properties. The
Corps subsequently requests concurrence from the SHPO and/or THPO.
❑ Historic properties (i.e., properties listed in or eligible for inclusion in the National
Register of Historic Places), are present within the Corps' permit area; moreover,
the undertaking may have an adverse effect on these historic properties. The
Corps subsequently initiates consultation with the SHPO and/or THPO.
❑x No resources listed in or eligible for inclusion in the National Register of Historic
Places are known to be present in the vicinity of the proposed work; however, the
permit area has not been formally surveyed for the presence of cultural
resources. Additional work may be necessary to identify and assess any cultural
resources that may be present. This notice serves as a request to SHPO, THPO,
and/or other interested parties to provide any information they may have
regarding historic properties.
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:
❑ The Corps determines that the proposed project would not affect federally listed
endangered or threatened species or their formally designated critical habitat.
❑x For the proposed project, the Corps has made the following determination for
federally listed endangered or threatened species or their formally designated
critical habitat: May Affect, Not Likely To Adversely Affect
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El By copy of this public notice, the Corps initiates consultation under Section 7 of
the ESA and will not make a permit decision until the consultation process is
complete. Add Additional Infoi.,nation If Necessary
❑x The Corps will consult under Section 7 of the ESA and will not make a permit
decision until the consultation process is complete. Add Additional Information If
Necessary
❑The Corps has initiated consultation under Section 7 of the ESA and will not
make a permit decision until the consultation process is complete. Add Additional
Information If Necessary
❑ For the proposed project, the Corps has made the following determination for
federally listed endangered or threatened species or their formally designated
critical habitat. Consultation has been completed for this type of activity and the
effects of the proposed activity have been evaluated and/or authorized by the
National Marine Fisheries Service (NMFS) in the South Atlantic Regional
Biological Opinion or its associated documents, including 7(a)(2) & 7(d) analyses
and Critical Habitat assessments. A copy of this public notice will be sent to the
NMFS: Select the Affects/Effects Determination
❑ 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 applicant did not provide or satisfy all the elements required for a complete
401 certification request. Therefore, the 401 Certification process has not
started. 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).
❑x 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
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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 180 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 should do so in writing, within 30 days of the issue date of the notice
by emailing comments to [e-mail] with the subject line of
"401 Water Quality Certification" or by mail to:
NCDWR Central Office
Attention: Stephanie Goss, 401 and
(USPS mailing address): 1617 Mail
1617
Or,
Buffer Permitting Branch
Service Center, Raleigh, NC 27699-
(Physical address): 512 North Salisbury Street, Raleigh, North Carolina
27604
North Carolina Division of Coastal Management (NCDCM):
❑x The application did not include a certification that the proposed work complies
with and would be conducted in a manner that is consistent with the approved
North Carolina Coastal Zone Management Program. Pursuant to 33 CFR 325.2
(b)(2) the Corps cannot issue a Department of Army (DA) permit for the proposed
work until the applicant submits such a certification to the Corps and the
NCDCM, and the NCDCM notifies the Corps that it concurs with the applicant's
consistency certification. As the application did not include the consistency
certification, the Corps requests, via the public notice, concurrence or objection
from the 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).
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
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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,March 9, 2024. Comments should be
submitted to Gary Beecher, Wilmington Regulatory Field Office, 69 Darlington Avenue,
Wilmington, North Carolina 28403, or via email at [e-mail].
The Corps Project Manager can be contacted [phone]. Comments may also be
submitted to [e-mail].
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