HomeMy WebLinkAbout20051117 Ver 1_Public Notice_20050801� t
US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: July 28, 2005
Comment Deadline: August 29, 2005
Corps Action ID #: 200520968
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.aimy.mil/wetlands
UW M3
Applicant: Lissara , LLC
Attn: Mr. Lang Wilcox AUG 1 - 2005
1210 Forrest Wood Drive
Lewisville Not�th Carolina 27023 DENR -WATER QUALITY
� YVETLANDS AND STORMWATER BRANCH
AGENT: Wetland and Natural Resource Consultants, Inc.
Attn: Mr. Christopher Huysman
Post Office Box 224
Newton, NC 28658
Authority
The Corps will evaluate this application and a decide whether to issue, conditionally
issue, or deny the proposed work pursuant to the applicable procedures of Section 404 of
the Clean Water Act.
Location
The project, Lissara Lake Subdivision, is approximately 132 acres in size and is located
north of Shallowford Road (SR 100 1) and west of Conrad Road (SR 1305),
approximately 2 miles west of Lewisville, in Forsyth County, North Carolina.
Coordinates (in decimal degrees) for the site are 36.10690 North, 80.44910 West, The
site contains an unnamed tributary of the Yadkin River and adjacent wetlands in the
Yadkin River Basin (8 -Digit Cataloging Unit 03040101).
The land use on the project itself is primarily in forest cover, which occupies
approximately 90% of the total acreage. The remaining acreage is made up by residences
and yards. The site contains several small intermittent tributaries that combine to create a
perennial stream that runs from south to north through the property. The property is
roughly rectangular in shape and the stream essentially bisects the property along its
length. The unnamed tributary drains to the Yadkin River approximately 1 mile
downstream of the site. The site also contains approximately 0.08 acres of wetlands.
Applicant's Stated Purpose
As stated by the applicant, the purpose of the project is to provide a recreational
waterskiing lake, an aesthetics pond, and a stormwater management facility.
Project Description
The project consists of a waterskiing lake, a stormwater management facility, an
aesthetics pond and two road crossings within a 132 -acre residential development.
Development of the site will require clearing the proposed lakebeds, grading the
proposed dam sites, filling necessary to impound the streams, and piping of streams to`
construct roadways. Heavy equipment, including graders, pan scrapers, excavators, bull
dozers, etc. will be used for the construction of the project. Completion of the proposed
project would require the construction of 2 dams that impound water and support road
crossings and one dam that does not support a road crossing. Rights of ways for roads
are proposed to be 60 feet and side slopes for dams are proposed to be 3:1. Two
additional road crossings (not located on the dams) are necessary to access high ground.
The proposed permanent impacts to stream channels resulting from project total 8,032
linear feet of stream channel, including 1,318 linear feet for the placement of fill material
associated with dams and road crossings, and 6,714 linear feet resulting from flooding the
lakes. Proposed permanent impacts to wetlands resulting from project total 0.08 acre,
0.04 acre for the discharge of fill and 0.04 acre resulting from flooding the lakes. Plans
included with this notice show the overall proposed site layout as well as details of the
proposed dam.
The applicant proposes to mitigate for impacts to stream channels by payment into the
North Carolina Ecosystem Enhancement Program. The applicant proposes payment for
1038 linear feet of impacts resulting from the construction of dams and payment for 2395
linear feet of impacts for all impacts resulting from flooding.
Other Required Authorizations
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 may be 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 doso in ail
writing delivered to the North CC�o�nlinaa 217699-1650 Attenvision of Water QtionitM CyndiQK)aroly by
Service Center, Raleigh, North
August 22, 2005.
Essential Fish 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 is not aware that any registered properties, or properties listed as being
eligible for inclusion therein are located along the project corridor or will be affected by
the proposed work. Presently, unknown archeological, scientific, prehistoric, or
historical data may be located within the project area and/or could be affected by the
proposed work.
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 that reasonably may be
foreseeable expected
t d to accrue
All rom he
rs
proposal must be balanced against its reasonably
which maybe relevant to the proposal will be considered including the cumulative effects
the
among those are conservation, economics, aesthetics, general environmental
3
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, including any consolidate 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 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 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 5pm, .August 29, 2005. Comments
should be submitted to Todd Tugwell, Raleigh Regulatory Field Office, 6508 Falls of the
Neuse Road, Suite 120, Raleigh, NC 27615.
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TYPICAL ROAD_ CROSSING # 200520968
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issara; LLC ,
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JUL' 3 2005