20080859 Ver 1_Public Notice_20080522

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US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: May 21, 2008
Comment Deadline: June 19, 2008
Corps Action ID #: 2008-01521
The Wilmington District, Corps of Engineers (Corps) has received an application from
Mr. Nils Ladenburg seeking Department of the Army authorization to discharge fill
material into 5.47 acres of jurisdictional wetlands within a 226.88 -acre mixed residential
and commercial development, known as Audubon Village, located between Harkers
Island Road (SR 1332) and Crow Hill Road (SR 1333), just north of intersection with
Straits Road (SR 1335), within the headwaters of a tributary to Whitehurst Creek and
South Leopard Creek, in Straits Community, Carteret 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 www.saw.usace.army.mil/WETLANDS/
Applicant: Nils Ladenburg
4628 N. Croatan Hwy
Kitty Hawk, North Carolina 27949
Authority
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 project site (Audubon Village) is located at 34.7429, 76.5585, bordered to the east by
Harkers Island Road (SR 1332), to the west by Crow Hill Road (SR 1333), to the north
by Goose Bay Lane, and approximately 0.2 mile north of intersection with Straits Road
(SR 1335). The 226.88 -acre tract is within the headwaters of a tributary to Whitehurst
Creek on the east side and South Leopard Creek on the west, in Straits Community,
Carteret County, North Carolina.
Existing Site Conditions
The 226.88 -acre tract is divided into two tracts. Tract (1) is approximately 205.11 acres
and consists mostly of prior converted cropland that is heavily ditched both interiorly and
along the perimeter. Tract (2) is approximately 21.77 acres that fronts approximately

1,269 linear feet of Harkers Island Road. The tract has been timbered within the last 10
years. As a result of stumping and land clearing approximately 4 years ago, half of the
tract contains thick underbrush with small tree samplings and half with scattered mature
trees with underbrush. Approximately 9.43 acres of Tract (2) are jurisdictional wetlands
that can be classified as a mixed hardwood flat. The wetland complex is separated into
two areas: 1) a 2.62 acre area located along the road frontage and 2) a 6.81 -acre area
located along the western tract boundary. The wetland areas, located along the central
and southern portions of the tract, have scattered canopy tree species of red maple (Acer
rubrum), sweet gum (Liquidambar styraciflua), and red bay (Persea borbonia) with a
mix of underbrush species. The dominate soil type is listed as Tomotley fine sandy loam,
with a small percentage of Deloss fine sandy loam, which both are hydric soils. Water
from Tract (2) flows subsurface, with some site sheet flow, in two directions. The
majority of the subsurface flow is directed westward to an adjacent perimeter ditch that
borders Tract (1); and portions of the Tract (2) flows southeast into the roadside ditch
which eventually carries the water to Whitehurst Creek.
Project Purpose
Basic: The basic purpose is to construct a mixed economically viable
development of residential housing and commercial shopping center.
Overall: While the residential neighborhood will be developed on Tract (1), a
commercial shopping center is proposed within the 21.77 -acre Tract (2). The goal of the
commercial project is to provide services, such as a grocery store, eating establishments,
and other retail stores, for the residential development in Tract (1) and the surrounding
area.
Project Description
The proposed action for the shopping center involves placing fill and asphalt into
approximately 5.47 acres of jurisdictional wetlands to facilitate the construction of the
buildings and parking lot. Approximately 100,000 cubic yards of fill will be used to
accommodate the construction, which will be conducted by typical heavy equipment such
as bulldozers, excavators, and other land grading equipment. Plans for the shopping
center consist of a grocery store, miscellaneous retail stores, water tower site & access,
outparcels along the road frontage, and associated parking spaces. The grocery store,
water tower and access, most of the retail stores, and a small portion of the parking lot
will impact approximately 2.86 acres of wetlands along the western side of Tract (2),
while the outparcels are proposing to impact approximately 2.61 acres of jurisdictional
wetlands along the eastern boundary. Additionally, wetlands will be permanently filled
with the construction of the southeast development access road off Harkers Island Road.
This road, impacting <0.1 of an acre, will provide the entrance into the shopping center as
well as an access into the residential development. The impact acreage is included in the
5.47 total acres.
2

The applicant is proposing to compensate for the wetland impacts by preserving
the remaining wetlands on the property, which will encompass approximately 3.95 acres
located along the western boundary of Tract (2). In addition, the applicant is proposing
to make payment into the in -lieu fee N.C. Ecosystem Enhancement Program. This
payment will be made at a 1:1 mitigation ratio for 5.47 acres of non -riparian wetland
impacts.
It should be noted that our office opened an enforcement action in June 2005 on
this property under previous ownership. This enforcement action consisted of the
unauthorized mechanized land clearing of approximately 5.0 acres of the subject
wetlands to be filled. Site preparation on the property included stumping and bulldozing
the jurisdictional areas. No restoration was required and the file was closed on
September 16, 2005.
Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate
State agencies for review. Water Quality Certification may be required from the North
Carolina Division of Water Quality.
The applicant has not provided to the Corps, a certification statement that his/her
proposed activity complies with and will be conducted in a manner that is consistent with
the approved North Carolina Coastal Zone Management Program. Pursuant to 33 CFR
325.2(b)(2), the Corps can not issue a permit for the proposed work until the applicant
submits such a certification to the Corps and the North Carolina Division of Coastal
Management and notifies the Corps that it concurs with the applicant's consistency
certification.
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 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. 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 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 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 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, June 19, 2008. Comments
should be submitted to Mr. Mickey Sugg, Post Office Box 1890, Wilmington, North
Carolina 28402-1890, or via internet at micke.sugggLsaw02.usace.army.mil . If you
have any questions concerning this application, please contact Mr. Sugg at (910) 251-
4811.
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