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HomeMy WebLinkAbout20170073 Ver 1_Public Notice_20170217Burdette, Jennifer a From: Folta, Christine W CIV USARMY CESAW (US) <Christine.W.Folta@usace.army.mil> Sent: Friday, February 17, 2017 4:01 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 and prospectus. 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 -2013-02417 Issue Date: February 17, 2017 Applicant: Mr. Thomas C. Rollins, Camp Davis Industrial Park, Inc. Expiration Date: March 20,2017 Point of Contact: Mr. Brennan Dooley, Project Manager 1 Project Description: The Wilmington District, Corps of Engineers (Corps) received an application from Camp Davis Industrial Park Inc., seeking Department of the Army authorization to discharge fill material into 0.41 acre of wetlands and 3.53 acres of tributaries (ditches), associated with the construction of commercial office / industrial space in Holly Ridge, Onslow County, North Carolina. Subscribe/Unsubscribe: This email was sent out as a result of subscribing to the Wilmington District regulatory program public notices. Please email <mailto:Cindy.M.Corbett@usace.army.mil <mailto:Cindy.M.Corbett@usace.army.mil> > with the subject or message "unsubscribe" to remove your address from future mailings. M US Army Corps PUBLIC NOTICE Of Engineers Wilmington District Issue Date: February 17, 2017 Comment Deadline: March 20, 2017 Corps Action ID Number: SAW -2013-02417 The Wilmington District, Corps of Engineers (Corps) received an application from Camp Davis Industrial Park Inc., seeking Department of the Army authorization to discharge fill material into 0.41 acre of wetlands and 3.53 acres of tributaries (ditches), associated with the construction of commercial office / industrial space in Holly Ridge, Onslow 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: htlp://www.saw.usace.army.mil/Missions/RegulatolyPermitProgram.aspx Applicant: Camp Davis Industrial Park, Inc. C/o Thomas C. Rollins Post Office Box 38 Holly Ridge, North Carolina 28445 AGENT (if applicable): Authority Southern Environmental Group, Inc. (SEGi) C/o Dana A. 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: F� Section 404 of the Clean Water Act (33 U.S.C. 1344) F-1 Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) F-1 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: The site is located at I Bacon Drive, within the incorporated limits of Holly Ridge, Onslow County, North Carolina, on the west side of Hwy 17, approximately 0.2 miles south of its intersection with Hwy 50. Project Area: 158.27 acres Nearest Town: Holly Ridge Nearest Waterway: Unnamed Tributary to Cypress Branch River Basin: New River Latitude and Longitude: 34.493414' N, 77.564263' W Existing Site Conditions The project area was historically used as a spray field to treat wastewater from a meat processing operation. The majority of the site, including the wetlands, have been cleared and mowed and are continuously maintained. The site contains 2.742 acres of wetlands and 4.142 acres of Relatively Permanent Waters / Tributaries. The tributaries on the site primarily consist of a network of drainage canals, dug primarily through hydric soils and are dug deep enough (4+ feet) to intercept the shallow water table year round. Soils throughout the entire site are mapped as Leon fine sand. There is a small forested wetland approximately 0. 10 acre in size located in the center of the site. The vegetation in this wetland consists of Pinus taeda, Morella cerifera, Baccharis halimifolia and Asptenium platyneuron. The remaining wetlands on the site are emergent herbaceous wetlands primarily consisting of Salix nigra, Ludwigia repens, Polygonum hyropiperoides, Sorghum halepense and Andropogon sp.. The upland portions of the site consist primarily of Sorghum halepense. The tributaries and wetlands onsite drain to Cypress Creek, which flows to Batts Mill Creek which is a Traditionally Navigable Water. Applicant's Stated Purpose "To provide commercial office / industrial space, with direct access to Hwy 17, to meet local and regional demand, in a rapidly growing area of Onslow County, North Carolina." Project Description The project includes two phases and will consist of the installation of roads, parking lots, utilities, stormwater retention ponds and buildings, which will support the industrial complex (see attached site plan). This will involve permanently filling 0.41 acre of wetlands and 3.53 acres of RPW / Tributaries (ditches). Version 7.8.2014 Page 2 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 designed the site plan to avoid impacting the most functionally valuable wetlands (2.44 acres), which will be placed into strict preservation." Compensatory Mitigation The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: "Due to the low functional value of the wetlands on this site, and the fact that the majority of impacts will be to ditches, mitigation is being proposed through preservation of the remaining wetlands within the property boundaries." The proposed preservation area includes 2.44 acres of wetlands and 0. 12 acre of RPW / Tributaries (ditches). Essential Fish Habitat Pursuant to the Magnus on -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: F-1 Should historic properties, or properties eligible for inclusion in the National Register, be present within the Corps' permit area; the proposed activity requiring the DA permit (the undertaking) is a type of activity that will have no potential to cause an effect to an historic properties. F-1 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 (or THPO). F-1 Properties ineligible for inclusion in the National Register are present within the Corps' permit area; there will be no historic properties affected by the proposed work. The Corps subsequently requests concurrence from the SHPO (or THPO). Version 7.8.2014 Page 3 F -I Historic properties, or properties eligible for inclusion in the National Register, are present within the Corps' permit area; however, the undertaking will have no adverse effect on these historic properties. The Corps subsequently requests concurrence from the SHPO (or THPO). F -I Historic properties, or properties eligible for inclusion in the National Register, are present within the Corps' permit area; moreover, the undertaking may have an adverse effect on these historic properties. The Corps subsequently initiates consultation with the SHPO (or THPO). The proposed work takes place in an area known to have the potential for the presence of prehistoric and historic cultural resources; however, the area has not been formally surveyed for the presence of cultural resources. No sites eligible for inclusion in the National Register of Historic Places are known to be present in the vicinity of the proposed work. Additional work may be necessary to identify and assess any historic or prehistoric resources that may be present. The District Engineer's final eligibility and effect determination will be based upon coordination with the SHPO and/or THPO, as appropriate and required, and 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 determines that the proposed project would not affect federally listed endangered or threatened species or their formally designated critical habitat. F -I The Corps determines that the proposed project may affect federally listed endangered or threatened species or their formally designated critical habitat. The Corps initiates consultation under Section 7 of the ESA and will not make a permit decision until the consultation process is complete. F -I 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. Version 7.8.2014 Page 4 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, by March 20, 2017 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, (physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604 North Carolina Division of Coastal Mannernent (NCDCM): The application did not include a certification that the proposed work complies with and would 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 cannot issue a Department of Army (DA) permit for the proposed work until the applicant submits such a certification to the Corps and the NCDCM, and the NCDCM notifies the Corps that it concurs with the applicant's consistency certification. As the application did not include the consistency certification, the Corps will request, upon receipt,, concurrence or objection from the NCDCM. F -I Based upon all available information, the Corps determines that this application for a Department of Army (DA) permit does not involve an activity which 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. Version 7.8.2014 Page S 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 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, March 20, 2017. Comments should be submitted to Brennan Dooley, Wilmington Regulatory Field Office, 69 Darlington Avenue, Wilmington, North Carolina 28403 , at (910) 251-4694. Version 7.8.2014 Page 6 (n 0 T- .... . ..... . -q- -u -41 -J) SO M"ll R. n�n- 77 ...... ..... ..... .... "ai A -4H D1 5 % r q r fl� -NIVY, ;�'F' �F T I m 7R HIT2- 21, nH v I HEMP r p p F P P (n 0 T- .... . ..... . -q- -u -41 -J) SO M"ll R. n�n- 77 ...... ..... ..... .... "ai A -4H D1 5 % r q r fl� -NIVY, ;�'F' �F m 21, I HEMP r p p F P P v E, p z 5 2 p t 2 p z z v z I; V. A (n 0 T- .... . ..... . -q- -u -41 -J) SO M"ll R. n�n- 77 ...... ..... ..... .... "ai A -4H D1 5 % r q r fl� -NIVY, ;�'F' �F m 21, I HEMP PHU jF-a , I E -n -19 2g -11 F 2 Pr zm E t: IF 5 in A7 33 v !2 M GINEEMA. PLLC KUSKE3 ENGINMRING, PLLC LICENSE No. F10909 SITE AND LOT LAYOUT PLAN WETLAND AND RPW IMPACT PLAN JOM A. KWB�, IJI F.E. T�IOMAS C. 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