20071944 Ver 2_Public Notice_20080226

FEB 2 6 2008
US Army Corps PUBLIC NOTICE DENR-WATERt1UNM
Of Engineers WETMSANDSTORMWATERBRANCH
Wilmington District
Issue Date: February 26. 2008
Comment Deadline: March 26. 2008
Corps Action ID #: SAW-200800041
The Wilmington District. Corps of Engineers (Corps) has received an application from
Spivey and Sturdivant Properties seeking Department of the Army authorization for
permanent impacts to 0.08-acre of jurisdictional forested wetlands. and 36 linear feet of
perennial stream channel exhibiting important aquatic functions. The impacts listed
above are associated with the development of a residential lot within the Quail Ridge
Development near Sanford. I.ce County, North Carolina. Cumulative aquatic impacts for
Quail Ridge have exceeded the threshold for Nationwide Permits.
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 saw.usace.armv.mil!wetlands
Applicant: Spivey and Sturdivant Properties
Attn: Mr. Craig Sturdivant
130 A Wicker Street
Sanford. North Carolina 27330
AGENT: Froehling and Robertson. Inc.
Attn: Mr. "Thomas Colson
310 Hubert Street
Raleigh. NC 27603
Authorit-v
The Corps will evaluate this application and a decide whether to issue. conditionally
issue. or deny the proposed work pursuant to applicable procedures of Section 404 of the
Clean Water Act
Location
The location for the proposed project is an undeveloped lot on Blue Jay Drive within the
existing Quail Ridge development, near Sanford. Lee County. North Carolina.
Coordinates. in decimal degrees are 35.395566° N. 79.2 35239° W. The project site
contains an unnamed perennial stream channel and abutting jurisdictional wetland which
drain to Pocket Creek in the Cape Fear River Basin (8-Digit Cataloging Unit of
03030003).
Existing Site Conditions
The proposed project is the only remaining undeveloped lot on Blue Jay Drive. The
existing conditions on the lot include one unnamed perennial stream and an abutting
palustrine forested wetland which bisect the site. These aquatic features drain to Pocket
Creek in the Cape Fear River Basin. The surrounding area is within the Quail Ridge
development.
Applicant's Stated Purpose
The project purpose for the proposed activity is to access an upland area on the lot for
residential development.
Project Description
Background information provided by the applicant indicates that development of Quail
Ridge has exceeded current thresholds for Nationwide Permits. Therefore, jurisdictional
impacts associated with the development of this lot will require an Individual Permit.
This proposal includes impacts associated with the construction of a single driveway
which would cross a perennial stream and an abutting wetland via culvert and till.
Impacts are proposed to 0.08 acre of jurisdictional forested wetlands, and 36 linear feet of
perennial stream channel.
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 combined with appropriate application fee at the
North Carolina Division of Water Quality central office in Raleigh will constitute initial
receipt of an application for a 401 Water Quality 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 do so in
writing delivered to the North Carolina Division of Water Quality (NCDWQ). 1650 Mail
Service Center. Raleigh. North Carolina 27699-1650 Attention: Ms Cyndi Karoly by
March 19, 2008.
2
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 I listoric
Places and is not aware that any registered properties, or properties listed as being
eligible for inclusion therein are located within the project area 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 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 in olvino
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 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 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 ofthe
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. March 26. 2008. Comments
should be submitted to Monte Matthews, Raleigh Regulatory Field Office. 3331 Heritage
Trade Drive. Suite 105. Wake Forest. North Carolina 27587.
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Public Notice for Spivey,& Sturdivant Properties - Action ID: 2008...
Subject: Public Notice for Spivey & Sturdivant Properties - Action ID: 200800041
From: "Harrington, Dorothy SAW" <[e-mail]>
Date: Tue, 26 Feb 2008 10:27:36 -0500
To: "Matthews, Monte K SAW" <[e-mail]>
CC: "Dailey, Lisa M SAW" <[e-mail]>
As you requested, you are hereby notified that Wilmington District, United States Army Corps of Engineers has issued a Public
Notice. The text of this document can be found on the Public Notices portion of the Regulatory Division Home Page. Each
Public Notice is available in ADOBE ACROBAT (.pdf) format for viewing, printing or download at
http://www.saw.usace.army.mil/WETLANDS/notices.htm]. As with all e-mail attachments, be sure to check for viruses prior to
opening the attachment. The current notice involves:
PUBLIC NOTICE
ACTION ID #: 2008-00041
26 February 2008
The Wilmington District, Corps of Engineers (Corps) has received an application from Spivey and Sturdivant Properties seeking
Department of the Army authorization for permanent impacts to 0.08-acre of jurisdictional forested wetlands, and 36 linear feet
of perennial stream channel exhibiting important aquatic functions. The impacts listed above are associated with the
development of a residential lot within the Quail Ridge Development near Sanford, Lee County, North Carolina. Cumulative
aquatic impacts for Quail Ridge have exceeded the threshold for Nationwide Permits.
EXPIRATION DATE: 26 MARCH 2008
POC: MONTE MATTHEWS
1 of 1 2/26/2008 10:28 AM