20050578 Ver 1_Public Notice_20050615

1 i
1~~'~1
U5 Army Corps ~~~~~~ l~l•~~~~~
Of Engineers
Wilmington District
Issue Date: June 14, 2005
Comment Deadline: July 14, 2005
Corps Action ID #: 200120668
All interested parties are hereby advised that the Wilmington District, Corps of Engineers
(Corps) has received an application for work within jurisdictional waters of the United
States. 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 www.saw.usace.army.mil/wetlands
Applicant: Pennybyrn at Maryfield
Attn: Sister Lucy Hennessy U ~ ^
1315 Greensboro Road [~Qj~/)'~
High Point, North Carolina 27260 ~~// . D
JUN 1 5 2005
Agent: Engineering Consulting Services, Ltd.
DENR•WATE
6909 Internat onal Drive, Suite 103~~~~STO~~Q~~~ ~~
Greensboro, North Carolina 27409
Authority
The Corps will evaluate this application and decide whether to issue, conditionally issue,
or deny the proposed work pursuant to applicable procedures under Section 404 of the
Clean Water Act (33USC 1344).
Location
The Pennybyrn at Maryfield retirement community property is approximately 70.19 acres
in size and is located at 1315 Greensboro Road, north of Main Street and west of Penny
Road, in High Point, North Carolina. The site is located in Guilford County and the
coordinates (in decimal degrees) for the site are 35.9956° North, 79.9591° West. The
project site contains several unnamed tributaries to the Deep River, with adjacent
wetlands in the Cape Fear River Basin (Hydrologic Unit Code 03030003).

Existing Site Conditions
The 11.46-acre project site is located within the property boundary of the existing
Pennybyrn at Maryfield retirement community. The project area is located north of
existing retirement facility and consists primarily of forested land. Representative tree
species include: Red Maple (Ater rubrzcm), White Oak (Quercus alba), Sycamore
(Platanus occidentalis), Yellow-poplar (Liriodendrofi tulipfera L.), River Birch (Betula
nigra), American Hornbeam (Carpinus caroliniana), and American Beech (Fagus
grafzdifolia).
The site contains three unnamed tributaries with important aquatic function that flow off
the northern boundary of the project site and into wetlands adjacent to the City of High
Point municipal reservoir. Total length of stream channel within the project boundary is
approximately 826 linear feet. Stream channel A is approximately 120 linear feet and is
located on the northwest corner of the project area. Stream channel C is approximately
2001inear feet and is located on the northeast corner of the project area. Stream channel
B is approximately 506 linear feet in length and originates at a natural spring in the center
of the project area that flows north to a 0.09-acre forested wetland located outside the
property boundary. 'An additional 8001inear feet of perennial channel is located on the
northwestern edge of the property, outside of the project area.
Applicant's, Stated Purpose
As stated by the applicant, the purpose of the proposed project is to expand and renovate
the existing Pennybyrn at Maryfield retirement community to include construction of 131
new independent living apartments, 18 additional single family cottages, a community
center, dining facilities, business and recreational facilities, and a reconfiguration,
expansion, and renovation of the existing Health Care Center that currently serves as
housing for residents and nursing staff. The existing retirement community includes a
115-bed nursing facility, 10 assisted-living units, 29 single-family housing units, and a
convent. The project will provide housing and long-term care for the elderly.
Project Description
The project is a planned expansion of an existing retirement community that will~include
construction of an independent living and community center and associated parking lots
and roadways. Development of the site will require clearing, grading, excavation, and
fill necessary for the construction of buildings, parking lots, and access drives. Heavy
equipment including graders, pan scrapers, excavators, bulldozers, dump trucks, and
backhoes will be used for construction of the project. The applicant has requested DA
authorization for the relocation and backfill of 506 linear feet of stream channel that
exhibits important aquatic function. The stream channel will be diverted into a pipe that
discharges into a storm water management system located on the northwest boundary of
2

the project area. In addition, the unnamed tributary is hydrologically connected to 0.09-
acre of forested wetland outside the property boundary that will be adversely impacted by
the relocation of the stream flow alid the placement of fill in the existing channel.
Proposed plans detailing impacts have been included in this notice.
The applicants proposed mitigation plan includes payment into the North Carolina
Ecosystem Enhancement Program (NCEEP) in the amount necessary to restore 7591inear
feet of stream channel and 0.09-acre of riparian wetlands.
Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate
State agencies for review. The Corps will generally not make a final permit decision
until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives
State certification required by Section 401 of the Clean Water Act (PL 92-500). The
receipt of the application and this public notice in the NCDWQ Central Office in Raleigh
serves as application to the NCDWQ for certification. A waiver will be deemed to occur
if the NCDWQ fails to act on this request for certification within sixty days of the date of
the receipt of this notice in the NCDWQ Central Office. Additional information
regarding the Clean Water Act certification maybe reviewed at the NCDWQ Central
Office, 401 Oversight and Express Permits Unit, 2321 Crabtree Boulevard, Raleigh,
North Carolina 27604-2260. All persons desiring to make comments regarding the
application for certification under Section 401 of the Clean Water Act should do so in
writing delivered to the North Carolina Division of Water Quality (NCDWQ), 1650 Mail
Service Center, Raleigh, North Carolina 27699-1650 Attention: Mr. John Hennessy (NC
Department of Transportation projects) or Ms Cyndi Karoly (all other projects) by July 7,
2007.
Essential Tish Habitat
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson-Stevens Fishery Conservation and Management Act. The Corps' initial
determination is that the proposed project will not adversely impact EFH or associated
fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils
or the National Marine Fisheries Service.
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic
Places and has determined that registered properties, or properties listed as being eligible
for inclusion therein are located within the project area and/or will be affected by the

proposed work. The project site contains a Historic District known as the Maryfield
Historic District. Impacts to the property may include potential disturbance to the visual
aesthetics of the site.
Endangered Species
The Corps has 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 has determined pursuant to the Endangered Species Act
of 1973, that the proposed project will have no effect on federally listed endangered or
threatened species or their formally designated critical habitat.
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 maybe 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 is soliciting comments from the public; Federal, State and local agencies and
officials; 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 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.
4

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 shall 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.
Written comments pertinent to the proposed work, as outlined above, will be received
by the Corps of Engineers, Wilmington District, until Spm, July 14, 2005. Comments
should be submitted to Andrea Wade, 6508 Falls of the Neuse Road, Suite 120, Raleigh,
North Carolina 27615.

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PROJECT LOCATION/USGS
TOPOGRAPIIIC 11'IAP Guilford County, NC
AID # 200120663 une 14, 2005
Pennybyrn at 1`Iaryfit:ld Firgure 1 of 4
1315 Greensboro Road
[ii h Point, North Carolina 27260

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I ~' l NEW COMMUNITY /
. I~``_I'v~~, COMMONS & ~~
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PERENNIAL ~ - • ~' ~~ ~ ~~ ~ a~~ ~ ~~
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L•r~ - ~ -~ ~^''' ~; ~ ~~ BUILDING
PROPOSED Y~ r ~~ti ' ~`~~ ?~, '~ / ~F
COTTAGES - ~ ~ • ~?~'; , /
~ • ' ' ~_ ~-~`~4~ ,< << u/ ~ SPRING FED
;~• ` ~ `; ~~ i y /~t 7/ STREAM
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~ ~`~,r p p ~ ~ a'"~~ ;its ~ ~ / ~~= NEW HOME FOR THE
Jr ~ ~ ~ ~ ~~1~~~ ~~ Q~ AGED ASSISTED
G/~J~ m ~~. ~ ~y~,. ~ I I ~~~ 1y/ LIVING COGNITIVELY
~ O~ 1 ~^ ` 1 ~ ~ L ~/~ IMPAIRED /DAYCARE /
~' ~"+~p '~' ~_ ~ /~~ THERAPY
HEALTH CARE & ~ ;'1 t „1~. ~=' \1_ l ,~~
ADMINASTRATIVE ~~ ~~3 ~~j :~_ ~'~~ `~~ ti
OFFICES ~~ ;~Rr-~J ~~Ui li
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PROPOSED SITE LAYOUT
AID # 200120668 Guilford County, NC
Pennybyrn at I1laryficld unc 14, 2005
1315 Greensboro Road Firgure 2 of 4
IIi>;h Point, North Carolina 27260

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- WET DETENTION POND (BIVIP)
` A - _g
~, WETLANDS CITY LAKE Z
IMPACT 2 ~ ~
1 0.09 ACRE FORESTED WETLANDS NEW COMMUNITY
~ s \ ~ ~ SPRING FED COMMONS & ~~
~ ~ ~ ~ AM WELLNESS C T ~/
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v- '~~ •;_1 1 ~ ~ ~'~ WETLANDS
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1 1 ~ I1IIPACT 1
1 1 506 LINEAR FEET OF STREADI `Q~,=
DIVERTED TO STORIII~VATER SYSTEM ~ ~~'`
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1 ~ „G 4.,C'~ ~ ~j NEW HOME FOR THE
~~1 ~~ ~ - , / // AGED ASSISTED
`r` ~...1 ~ '~ X _ / LIVING COGNITIVELY
~I / ~ ~,, ~' ~ k (' ~~ IMPAIRED /DAYCARE /
THERAPY
PROJECT AREA
IhIPACT bIAP Guilford County, NC
AID # 200120668 une 14, 2005
Pennybyrn at nlaryficld Firgure 3 of 4
1315 Greensboro Road
Iii h Point, North Carolina 27260

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2' MINIMUM
AROUND PIPE
12" DIAMETER
PERFORATED PIPE
WRAPPED WITH
FILTER FABRIC
rr,,, ~ ~ ONE
NOTE:
1. LAST TWENTY (20) FOOT SECTION OF PIPE TO BE
SOLID WITH NO STONE BEDDING.
2. FLARED END SECTION TO BE PROVIDED AT END OF
PIPE
IMPACT DETAIL
AID # 200120668 Guilford County, NC
Pennybyrn at Dlaryticld unc 14, 2005
1315 Greensboro Road Firgurc 4 of 4
', [Ii~h Point, North Carolina 27260
~.