20160681 Ver 1_Public Notice_20160620

1 I
US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: 20 June 2016
Comment Deadline: 21 July 2016
Corps Action ID Number: SAW -2012-01624
The Wilmington District, Corps of Engineers (Corps) received an application from
Pender Farm Development, LLC seeking Department of the Army authorization to
impact waters and wetlands of the US, associated with the development of a 191 lot
residential development in Scott's Hill, Pender 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:
http://www.saw.usace.army.mil/Missions/Re u�ryPennitPro rg am.aspx
Applicant:
AGENT (if applicable):
Authority
Pender Farm Development, LLC
c/o Mr. Raiford G. Trask III
1202 Eastwood Road
Wilmington, North Carolina 28403
Southern Environmental Group, Inc.
c/o Mr. David A. Syster
5315 South College Road
Wilmington, North Carolina 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:
® 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)
Version 7.8.2014 Page 1

Location
Directions to Site: From Wilmington on NC 17 North, turn left onto Sidbury Road in
Scott's Hill. Travel 0.54 mile west to Huggins Road/Hogans Trail (unmarked dirt road).
Then, turn right on Huggins Road and go approximately 0.66 mile. The site is located
directly north and east, as shown in the attached Vicinity Map (Attachment 1).
Project Area (acres): 1164 Nearest Town: Scott's Hill
Nearest Waterway: Futch Creek River Basin: Northeast Cape Fear River Basin
County: Pender
Latitude and Longitude: 34.3347N, -77.7647W
Existing Site Conditions
The Wilmington to Hampstead corridor is a rapidly growing area in southeastern North
Carolina. With the construction of Interstate 140 and the completion of a local waste
water treatment facility, there is a current need for residential development to meet the
demand for housing in the Scott's Hill area. The closest subdivisions are east of the site
along Scott's Hill Loop Road, but they do not contain developable lots. The Whitebridge
subdivision is located further north of the site on the east side of NC 17 N, but it has very
few lots available for development.
The proposed site is 1,164 acres of timberland consisting of wet flats and pocosins.
Several silviculture ditches traverse the site, connecting onsite wetlands to a single
discharge point along the eastern property boundary before ultimately discharging offsite
into a tributary of Futch Creek. Site hydrology is primarily driven by rainfall and
groundwater recharge, which allows the ditch system to dry up during summer months.
Woody vegetation consists of sweet gum (Liquidambar styraciflua), loblolly pine (Pinus
taeda), red maple (Acer rubrum), and winged sumac (Rhus copallinum). Predominant
herbaceous vegetation consists of giant cane (Arundinaria gigantea), Carex spp., and
Virginia chainfern (Woodwardia virginica).
Mapped soil types proximal to wetland impact locations are Rains fine sandy loam and
Woodington fine sandy loam. According to the Soil Survey of Pender County, North
Carolina, the Rains soil series consists of poorly drained soils and includes intermingled
areas of Woodington, Liddell, Grantham, and Grifton soils. The Woodington series is
also poorly drained and found on broad, smooth, interstream areas and in depressions
near waterways. This series has inclusions of Rains, Liddell, Grantham, and Torhunta
soils. The majority of the soils across the site appear to correspond with the soil map.
Applicant's Stated Purpose
The purpose of the project is to construct an economically feasible residential
development with associated amenities in the Scott's Hill area and provide access to NC
17 and I-140.
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Project Description
The proposed project entails the permanent filling of 1.40 acres of wetlands and 0.57
acres of relatively -permanent waters associated with the development of a 191 lot
subdivision, road crossings, and stormwater management features (Attachment 2.
Wetlands Impact Maps, 1-9).
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 avoided impacts to the
larger, high -functioning onsite wetland systems during the design and layout phase and
targeted smaller, low -quality wetlands that are somewhat degraded by existing ditches.
The project design utilized road and utility corridors that minimized wetland impacts
while still conforming to local and state design requirements. Perpendicular road
crossings and a reduction in road heights helped to eliminate fill slope impacts.
Additionally, in order to minimize secondary impacts to downstream water quality, the
applicant proposes to enhance existing ditches within the site by creating an adjacent
floodplain. This will increase storage volume and retention time during periods of heavy
rain. The increased contact time with the floodplain will allow the natural chemical and
biological process to occur and help protect downstream waters.
Compensatory Mitigation
The applicant proposes to offset impacts to 0.57 acre of relatively -permanent waters by
relocating the ditches onsite and providing additional floodplain and buffer to the
relocated features. This will increase the open water acreage onsite from 0.78 acre to 1.91
acres. A formal mitigation plan has not yet been developed.
The applicant determined that the high cost of purchasing mitigation credits from an
established mitigation bank would make the project economically unfeasible and, thus,
would not be practicable. Instead the applicant is proposing to restore three acres of
onsite wetlands to offset the proposed impacts to 1.40 acres of wetlands. The restoration
will target a Hardwood Flat habitat by restoring vegetation and hydrology to an area that
has been effectively drained by historic ditching (Attachment 3. Proposed Wetland
Restoration Map).
The applicant proposes to construct an earthen berm on the downstream edge of the area
to be restored and along the adjacent property boundary in order to capture the needed
hydrology for the restoration site and prevent hydrologic trespass. This berm will extend
from one existing wetland to another in a perpendicular orientation to the ditch that has
drained the proposed restoration site. A flashboard riser weir will be placed in the ditch to
maintain a bankfull condition throughout the portion of the channel located within the
mitigation area, which should effectively restore hydrology to the site.
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The applicant also proposes to mow the areas of the mitigation site that have been
recently timbered and bush hogged and replant hardwood species such as laurel oak,
swamp chestnut oak, and green ash. The bare root seedlings will be planted on ten foot
centers for a total of 1,300 seedlings.
The proposed success criteria will be based on the presence of hydrophytic vegetation
and wetland hydrology as described in the 1987 USACE Wetland Delineation Manual
and the Atlantic and Gulf Coast Supplement. Monitoring will occur for seven years, and
an annual report will be submitted to the Corps of Engineers for review no later than
April 1 of the year following the monitoring event. The applicant proposes that after year
two the site be considered successful if there are two consecutive, successful monitoring
years.
To successfully meet hydrology, the applicant proposes that the site will be saturated
within the upper 12 inches of the soil profile for 12.5% of the growing season. Hydrology
will be monitored by installing two hydrologic monitoring wells in accordance with the
"Technical Standard for Water Table Monitoring of Potential Wetlands Sites", dated June
2005. Vegetation success will be determined using stem counts of planted vegetation.
Survival must meet or exceed 320 planted stems at year three, 260 stems at year five, and
210 stems at year seven. No single planted or volunteer species will comprise more than
50% of the total composition within any plot at year three, five, or seven. Because the site
consists of a Rains soil type, success of the mitigation site will not be dependent on this
parameter. Site soils already exhibit some hydric soil indicators, which are expected to
increase as hydrology is restored to the site. If the site is deemed unsuccessful at any
time, supplemental planting may occur or adjustments to the water control structure may
be made to address deficiencies. If the site fails, an additional onsite mitigation area will
be proposed or payment will be made to a mitigation bank or in -lieu fee program as
appropriate.
Essential Fish Habitat
Pursuant to the Magnuson -Stevens Fishery Conservation and Management Act, this
Public Notice initiates the Essential Fish Habitat (EFH) consultation requirements. The
Corps' initial 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
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within the Corps' permit area; therefore, there will be no historic properties affected. The
Corps subsequently requests concurrence from the SHPO.
The District Engineer's final eligibility and effect determination will be based upon
coordination with the SHPO with full consideration given to the proposed undertaking's
potential direct and indirect effects on historic properties within the Corps-indentified
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 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. Therefore, the Corps' preliminary determination is that the proposed project
would have no effect on any threatened or endangered species, or adversely modify
critical habitat, protected under the ESA. 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, combined with the appropriate application fee, at
the NCDWR Central Office in Raleigh constitutes initial receipt of an application for a
401 Certification. A waiver will be deemed to occur if the NCDWR fails to act on this
request for certification within sixty days of receipt of a complete application. 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 to:
NCDWR Central Office
Attention: Ms. Karen Higgins, 401 and Buffer Permitting Unit
(USPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699-1617
Or to,
(physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604
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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 that would affect the
coastal zone, which is defined by the Coastal Zone Management (CZM) Act (16 U.S.0
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 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
Version 7.8.2014 Page 6

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.
The Corps of Engineers, Wilmington District will receive written comments pertinent to
the proposed work, as outlined above, until 5pm, 21 July 2016. Comments should be
submitted to Ms. Emily Greer,Wilmington Regulatory Field Office„
69 Darlington Avenue, Wilmington, North Carolina 28403 , or at
[e-mail].
Version 7.8.2014 Page 7

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