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Home My WebLink About20081342 Ver 1_Public Notice_2008091709-1344, t t ??1 t US Army Corps PUBLIC NOTICE Of Engineers Wilmington District Issue Date: September 17, 2008 Comment Deadline: October 17, 2008 Corps Action ID #: 200802598 The Wilmington District, Corps of Engineers (Corps) has received an application front Mr. Carlton Midyette, seeking Department of the Army authorisation for permanent impacts to 0.322 acre of jurisdictional bottonlland hardwood forested wetlands, and 2,165 linear feet of perennial stream channel. The impacts listed above arc associated with the construction of a datll and SLlbse(lUcnt stream flooding to construct a lake. and 011C road crossing on Mr. Midyette's 400 acre private cattle Darn(. in Franklin County. North Carolina. Specific plans and location information are described below an(I sho\\'n on the attache(( plans. This Public Noticc and all attached plaits are also available on the Wilnlin?lon District Web Site tit %v\\ Applicant: Mr. Carlton Midvette 8310 Bandford Wad Raleigh, NC 27615 Agent: Soil &. Environmental CollsUllallltS, PA Attn: Nicolc Thomson 11010 Raven Ridoc Rd, Radeish, NC 27614 Authority The Corps will evaluate this application and a decide whether to issue, conditionally issue, or deny the proposed work pursuant to app1icah1e procedures of Section 404 of the Clean Water Act. Location The proposed project location is located on an existin`r 400 acre private cattle farm, located between Gooseberry Lane and N. Pastures Trail, off Cedar Creek Rd. near Franklinton, Franklin County, North Carolina. Coordinates, in decimal degree,, for the project site are 36.0586° N. -75.4291° W. The project site contains several wetlands and unnamed stream channels which drain to Ccdar Creek in the Tar-Pamlico River Basin (8- Digit Cataloging Unit of 03020101). Existing Site Conditions The proposed project would result in the creation Of a 10+ acre recreational lake within the existing 400 acre farm. Overall, the project study area is bordered to the cast by SR 1 105 (Mays Crossroads Rd.), to the west by SR I I 16 (Cedar Crock Rd.). aild to the south by Hill Rd. The existing conditions Within this project segment include pot'tions 01'active cattle pasture, uplands, several wetlands, :old several unnamed s[I- ants drainin?, to Cedar Creek in the Tar-Pamlico River Basin. A Corns jtu-isdictional delineation field review for verification of the limits of waters 01'01e U.S. Oil the prupert} subject lu 01.11' regulatory authority is pending. Applicant's Stated Purpose The project purpose for the proposed activit% is to construct a chill on an unnanle(I tributary (UT) to Cedar Creek and create a 10+ acre recreational lake on the property. Project Description This proposal is to construct a danl and on road crossime on it UT to Cedar Creck. The design would call for some excavation within the proposed pond footprint to form the banks of the pond and confine it within the proposed impact area. Total permanent impacts from this proposal are 0.327 acre of,lurisdictional wetlands, and 2,165 linear feet of perennial stream channel. To mitigate for permanent impacts to jurisdictional Wctlaulds Mid sU-eanls, tile al)pliCLtill has proposed a 13:1 mitig*ation ratio for wetland preser\ahon and a 3:1 niiti`,ation ratio for stream preservation by the preservation ol'4.32 acres of contiUuous hottonl)MId hardwood forested wedailds. approximately 0.1-00 linc,u. feet of channel, and approximately 20 acres of protected Tau'-Pamlico riptu'ian hUftel'. thl'OU1h the inst;illation of fences to permanently restrict cattle use in these areas. No other forms of nlitil-1ation have been proposed for this project. Other Required Authorizations This notice and all applicable application materials are hein`_ forwarded to the appropriate State agencies for review. "File Corps will generally not make a Final permit decision until the North Carolina Division or 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 al)l)ropt'iatc application fce 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 lie deemed to occur if the NCDWQ tails to act on this request for ccrtificatl0Il Wlthlll 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 Crabu'cc Boulevard, Raleigh, North Carolina 27604-2260. All persons clesirins to slake conlnlems re"arclina the application for certification uncler Section 401 ol'the Clean Water Act should do so in writing delivered to the North Carolina Division of Water Quakily (NCDWQ), 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Attention: Ms Cyncli Karoly by October 10, 2008. Essential Fish Habitat This notice initiates the Essential Fish Habitat (EFH) consultation reyuirenlcnts 01"111C Magnuson-Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the proposed projcct \yill not actversely impact EFH or associated fisheries managed by the South Atlantic or Mid Alla ntic Fishery Mana"cnlcnt Councils or the National Marine Fisheries Service. Cultural Resources The Corps has consulted the latest publishecl version ol'the National Register of I-listoric Places and is not aware that any registered properties, or properties listed as bein" eligible for inclusion therein are located within the project area or will he 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 prol)oSccl work. Endangered Species The Corps has reviewed the project area, exaurlincd all information promled by the applicant and consulted the latest North Carolina Natural Heritage Database. Bascd on available information, the Corps has cleternlincd one federally cnclangcrcd species, the Dwarf Wedge Mussel (Alasnliclonta hetermlon), has hcell doCLllllelltc(i within 5,765 feet ( 1.1 mile) upstream of the 400 acre properly bound;u'ics in Cedar Creck upstream ol'the tributary that the proposed pond will be impacting. Based on the available information. the Corps has not cletermined whether the proposal project will h;tve an effect on federally listed endangered or threatened Specie, or their formally dcsi-nated critical habitat, pursuant to the Endangered Species Act of 1973, Evaluation The decision whether to issue a permit will be basccl on an evaluation of the probable impacts, including CLlrllUlaliye impacts, of the proposed activity on the public interest. That decision will reflect the national concern I'or both protection and utilization ol' important resources. The benefit which reasonably play be expectccl to accrue I'ronl the proposal must be balanced against its reasonably foreseeable cletrinlcnts. All factors which may be relevant to the proposal will be considcrcd includin21 1110 CL1111L1Iatiyc cl'l'ccts thereof; among those are conservation, economics, aesthetics. ,cnerad ell vI roll 111C111,11 concerns, wetlands, historic properties, fish and wildlll"e values. Hood havards, 11oocl plain values (in accordance with Executive Order 1 1988). land use. navigation. Shoreline erosion and accretion, recreation. water supply anti conservation, water quality, energy needs, safety, food and fiber production, mineral needs. considerations of property ownership, and, in general. the needs and wellare of the people. Fur activities involvinI the discharge of dredged or fill materials in waters 01'thc UIlIlCd States. the evaluation of the impact of the activity un the public interest \vill includr application of the Environmental Protection Agcncv's-IO-I(b)( I ) `!uidchiies. Commenting Information The Corps of Engineers is solicitin_ conlnlents 11'0111 the publie: Federal, State and local agencies and officials. includin'i any consolidate State Viewpoint or \vritten position 01' tile Governor: Indian Tribes and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments recrived will he considered by the Corps of Engineers to determine whether to issue. nuxlify. condition or deny a permit for this proposal. To slake this decision. comments .Irv used to a.s,css impacts on endangcred species, historic properties, water quality. IIcncral ClIVironnlcntal effects :old the other public interest factors listed above. Comments a IV used in the preparation of an Environmental Assessment (EA) and/or an Environnlcntal Impact Statement (EIS) pursuant to the National Environmental Pulicv Act (NEPA). Continents arc also used to determine the need for a public hcarinL' and to deterlllltle the overall public interest of the proposed activity. Any person may request, in writill ?. within the continent period specified in this notice. that a public hearing be held to consider the atpplication. Requests for public hearings shall state, with particularity. the reasons for holding a public hearing. Requests for u 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 al hcauinl. Written comments pertinent to the proposed \\ork. as outlined above, will be received by the Corps of Engineers. Wilmington Distl-let. ltntll 5pm. October 17, 2008. Comments should be submitted to Mr. James Lastinuer. (919) 554-4884. Est. 32, Raleigh Rc_ulatory Field Office, 3331 Heritage Trade Drive. Suite I05. Wale Forest, North Carolina 27557. 4 I , Mill IVI •• //-' '?? .. ? '' ? ' \ ?f ` -? 1 i f / ? 1. 7-7 ? r `r r i?••Ij??? ?°?>a1• ,-.:?? 1? (n?IJ 11 ?t-- ? > >'•?? ?/ Qt ? .}?? `'i -,:'i? , ?) j I' 1 I ?J?? .??? / ` ; % t?J./.?<Q (C ' t 1I ?! ,,l\ ,? `??/ •Orj '/<?' • '?? ?l '? C\?` \,{T... - ?` ?\ 'i 4' ? ?- ? !! ! ? ?• U' J,? ?? ?-? i -?? SITE '•? ? ? ` .??:,?? ' ''1 \? ^?? 1' ?'? ?' 1 ? ? Q??/n i?oaR?°` , (.??Ci!?i J ? .?,,•?,?3t\1?'? ('\ ' E?? ???i.? ?t`? //??,?,• ' ^ ? r' - .--1• ? (r?/• ?? 1'.`x.111 \ e. :'1t\--?•'• `, s-m ? ?? _ •? ..?1 lot Ave ? G USGS ?TOPOGRAPHIC? MAP FIG \111 n ??1? ?? ' 1 ` 1 Vr Pro'ect No. Scale: 59?l.W4 1•=2000 MIDYETTE FARM FRANKLIN CO. POND FRANKLNTON 11o1oNCRavenRidg27614eRd. NT?ect Mgr. Drawn By: USGS QUADRANGLE Dale: 8128/08 FRANKLIN COUNTY, NC DATED:1999 9 2 of 6 MIDYETTE FARM FRANKLIN CO. POND FR:'kNKLIN COUNTY, NC LEGEND IMPACTED PERENNIAL STREAM ® JURISDICTIONAL WETLAND LINEAR WETLAND PROPOSED POND FOOTPRINT J PROPOSED POND DAM PROPERTY LINE IMPACT TOTALS: INSET 1: DAM-FILL IMPACTS STREAM: 128 LF 3902 SF / 0.089 AC WETLAND: 530 SF / 0.012 AC INSET 2: POND-FLOODING IMPACTS STREAMS: 2017 LF 41579 SF / 0.954 AC WETLANDS: 13500 SF / 0.310 AC INSET 3: PIPE-FILL IMPACT STREAM:20 LF 470 SF / 0.011 AC INSET 2 POND-FLOODING / / / I ( I t I NON-IMPACTED PERENNIAL STREAM GRAPHIC SCALE ?`_1 300' 300 INSET 1 DAM- i FILL / I I / c loss"'o INSET 3 PIPE-FILL IT t NON-IMPACTED WETLANDS IMPACT MAP FIG. 5 3 of 6 MIDYETTE FARM FRANKLIN CO. POND FRANKLIN COUNTY, NC WETLAND IMPACT: 530SF/0.012AC STREAM I M PACT: PROPOSED DAM 128 LF 3902 SF 10.089 AC DAM-FILL IMPACTS / FIG. 5A - INSET 1 4of6 MIDYETTE FARM FRANKLIN CO. POND FRANKLIN COUNTY, NC WETLAND IMPACTS: 13500 SF / 0.310 AC \ PROPOSED POND f 1 I 1010 I / STREAM IMPACTS: 2017 LF 41,579 SF / 0.954 AC i GRAPHIC SCALE 1 200' o 200 POND-FLOODING IMPACTS FIG. 5A - INSET 2 k*** 2O?R - ?Ro SS?N G GRAPHIC SCALE 1 50' 0 50 X ij M I DYETTE FARM FRANKLIN CO. POND FRANKLIN COUNTY, NC /161 il w STREAM IMPACT: 20 LF 470 SF / 0.011 AC 5of6 PIPE-FILL IMPACTS FIG. 5A- INSET 3 6 of 6 MIDYE i TE FARM FRANKLIN CO. POND FRANKLIN COUNTY, NC STREAM: 20 LF 470 SF 0.011 AC PIPE-FILL IMPACT 4' PIPE 4' PIPE «;, .dr.•' 'orb' 21' STREAM WIDTH GRAPHIC SCALE 1" = 5' 0 5 PIPE-FILL X-SECTION (SEE FIG. 5A INSET 3) FIG. 6