20070997 Ver 3_Public Notice_20160809

Burdette, Jennifer a
From: Folta, Christine W SAW <[e-mail]>
Sent: Tuesday, August 09, 2016 1:01 PM
Subject: US Army Corps of Engineers Public Notice
As you requested, you are hereby notified that the Wilmington District, United States 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/Missions/RegulatoryPermitProgram.aspx.
The current notice involves:
Corps Action ID#: SAW -2006-32879
Issue Date: August 9, 2016
Applicant: Thornbrooke Holdings, LLC; c/o Mr. Nathan Sanders
Expiration Date: September 8, 2016
Point of Contact: Ms. Emily Greer, Project Manager
Project Description:
The Wilmington District, Corps of Engineers (Corps) received an application from Thornbrooke Holdings, LLC seeking
Department of the Army authorization to impact jurisdictional wetlands associated with the construction of six 10' wide
access crossings for the Forest Hills of Hampstead Subdivision development in Hampstead, Fender County, North
Carolina.
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it 'I
US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: 9 August 2016
Comment Deadline: 8 September 2016
Corps Action ID Number: SAW -2006-32879
The Wilmington District, Corps of Engineers (Corps) received an application from
Thornbrooke Holdings, LLC seeking Department of the Army authorization to impact
jurisdictional wetlands associated with the construction of six 10' wide access crossings
for the Forest Hills of Hampstead Subdivision development in Hampstead, 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:
htlp://www. saw.usace. army.mil/Missions/RegulatoryPermitProgram. aspx
Applicant: Thornbrooke Holdings, LLC
c/o Mr. Nathan Sanders
PO Box 3167
Wilmington, North Carolina 28406
AGENT (if applicable):
Authority
Southern Environmental Group, Inc. (SEGi)
c/o Ms. Dana Lutheran
5315 South College Road, Suite E
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, take NC 17 North to Hampstead for approximately
7.1 miles. Turn left onto Hoover Road. Travel approximately 0.7 -mile and turn onto
Orchard Mill Road, located on the west side of Hoover Road, between Renee Drive and
Tim Moore Drive, as shown on Attachment 1.
Project Area (acres): —76 Nearest Town: Hampstead
Nearest Waterway: Harrison's and Mill Creeks River Basin: Cape Fear River Basin
Latitude and Longitude: 34.3797 N, -77.7145 W
Existing Site Conditions
Development of the Forest Hills of Hampstead Subdivision site began in 2008 with the
construction of the main access roads now named Orchard Mill Road and Woodland
Trail, according to Pender County GIS (Attachment 2). The original developer, Kenneth
Eason of Legend Builders, planned for a 10 lot residential development on the 76 -acre
site that required authorization for only 0.49 -acre of fill for road construction.
No baseline information for the site was provided by the Applicant; however, a review of
available information indicates that the site is primarily wooded with large percentage of
palustrine, forested wetland habitat cover occurring in the northern and western portions
of the site. Approximately 1,700 linear feet of Brick Run Branch appears to run along the
north-northwest property boundary. As part of offsetting the previous project impacts,
this stream channel was to be preserved with a 25'- wide buffer beginning from the
stream centerline. Additionally, the wetland preservation area is an 8.85 -acre forested,
wetland area located along Hoover Road that is split into by Orchard Mill Road. The
northern portion is 3.08 acres and the southern portion is 5.77 acres (Attachment 3). A
majority of the site soils are Murville muck with Onslow loamy fine sand and Rains fine
sandy loam occurring in the southcentral part of the site.
Compensatory mitigation for this fill was achieved through payment to the then North
Carolina Ecological Enhancement Program (EEP, now DMS) to restore 1 acre of non -
riparian wetland within the watershed and the preservation of 8.85 acres of onsite
wetlands and 1,750 linear feet of stream channel with a 25' wide buffer. A restrictive
covenant protecting the preservation sites was to be recorded with the Pender County
Register of Deeds to run in perpetuity prior to the sale or conveyance of any lots or other
property within the subdivision. Also, a survey plat depicting these areas and the
approved project layout was to be recorded with the county. A copy of the recording was
to be provided to the Corps of Engineers (Corps) within 15 days of recording. In 2008,
the then Applicant was issued a Notice of Violation from the Corps for failure to make
payment to EEP and recording of the restrictive covenant and approved survey with the
county prior to impacting wetlands. The permitted impacts had already occurred.
Version 7.8.2014 Page 2

Payment to EEP was subsequently made; however, the restrictive covenant and survey
were never recorded.
The property was foreclosed on and the current Applicant, Thornbrook Holdings, LLC,
purchased the property in 2015.
Applicant's Stated Purpose
The purpose of the project is to provide access to upland areas within four lots of the
existing Forest Hills at Hampstead Subdivision.
Project Description
The proposed project entails the removal of hydric soils from six wetland areas and
replaced with clean earthen fill. It is estimated that approximately 217 cubic yards of fill
will be needed to facilitate the construction of the road crossings, which will impact 0.07 -
acre of wetland for a cumulative total of 0.56 -acre of project impacts. (Attachment 4).
The subdivision is being marketed as an equestrian friendly development that offers
twenty new homes from 2,500-3,600 square feet on 1.5 to 8.5 acre lots. The applicant
intends to construct sheds and barns and create pastureland within the available uplands.
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 has chosen the narrowest
point of the wetland to cross in a perpendicular fashion so as to minimize the impacts to
the maximum extent practicable.
Compensatory Mitigation
The Applicant proposes to mitigate for impacts to 0.07 -acre of wetlands by purchasing
credits at a 2:1 ratio for the restoration of 0.20 -acre of non -riparian wetlands with the
Northeast Cape Fear Umbrella Mitigation Bank located in the Cape Fear River Basin.
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 as no species managed under the act
exist in the project area.
Version 7.8.2014 Page 3

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
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. 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:
Version 7.8.2014 Page 4

North Carolina Division of Environmental Quality,
Division of Water Resources, Central Office
Attention: Ms. Karen Higgins, 401 and Buffer Permitting Unit
(USPS mailing address): 1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Or to,
(physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604
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.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 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
Version 7.8.2014 Page S

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.
The Corps of Engineers, Wilmington District will receive written comments pertinent to
the proposed work, as outlined above, until Spm, 8 September 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 6

Pender County
August 4, 2016 1:4,922
0 0.04 0.08 0.16 mi
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SILT FENCE OUTLETS, AND CONSTRUCTION ENTRANCE.
3. BEGIN CLEARING AND GRUBBING THE SITE ENEEDED.
4• BEGIN INSTALLATION OF STORM DRAINAGE AAS ND UNDERGROUND UTILITIES.
5. MONITOR SITE AND EROSION CONTROL MEASURES. ADDITIONAL MEASURES MAY
TO BE INSTALLED TO PREVENT SEDIMENT FROM
6, ONCE UNDERGROUND DRAINAGE AND UTILITIES AREEANINP CONSTRUCTION SITE
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7. INSTALL STONE BASE AND COMPLETE PAVING OPERATIONS, STRIPING. OR PARKING
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9. PROVIDE TEMPORARY SEEDING OF DISTURBED AREAS WITHIN 1 CONSTRUCTION.
10. PERMANENTLY SEED AND MULCH All DISTURBED AREAS 5 DAYS OF GRADING.
OF FINISHED GRADES.
WITHIN 30 DAYS OF ESTABLISHMENT
11. MAINTAIN EROSION CONTROL DEVICES UNTIL PERMANENT GROUND COVER IS E
12. ONCE PERMANENT COVER ESTABLISHED, REMOVE EROSION CONTROL DEVICES AN
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Hampstead, Pender Co., N.C.
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OF ENGINEERS ACTION ID FINAL PLAT APPROVED UNDER THE FENDER M
071 COUNTY UNWIM DEVELOPMENT ORDINANCE ZONE - RP
(Residential Pesiormance distract) x
Minimum lot size 15=000 ft'
400 LEGEND: x-1 - f Setbacks:
IRON ffES SET AT ALL NEW LOT CORNERS
0 70 140 280 420 560
Feet
All lines were digitized from a wetland survey done by
Trigon Engineering Consultants, dated 4/25/07.
Road Crossing Sketch
of
Forest Hills of Hampstead Subdivision
Hampstead, Pender Co., N.C.
05-149.02 4/12/2016
N
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S
NC
0 70 140 280 420 560
Feet
All lines were digitized from a wetland survey done by
Trigon Engineering Consultants, dated 4/25/07.
Road Crossing Sketch
of
Forest Hills of Hampstead Subdivision
Hampstead, Pender Co., N.C.
05-149.02 4/12/2016
N
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NC

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Typical Profile of Crossings
Limit of Wetland Im
Proposed Grade
10'
Not to Scale
Existing Grade
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