20081289 Ver 1_Public Notice_20080924

US Army Corps of Engineers Public Notice
o$- 1161
Subject: US Army Corps of Engineers Public Notice
From: "Hardman, Lisa D SAW" <[e-mail]>
Date: Wed, 24 Sep 2008 17:09:40 -0400
BCC:
Wilmington District , United States Army Corps of Engineers has issued a Public Notice
As you requested, you are hereby notified that Wilmington District, United States Army 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/WETLANDS/notices.html As with all e-mail attachments, be sure to check for viruses prior to
opening the attachment. The current notice involves:
Action ID. No. 200400320
Issue Date: September 24, 2008
Expiration Date: October 23, 2008
The Wilmington District, Corps of Engineers (Corps) has received an application from Food Lion, LLC and Funston Land &
Timber, LLC seeking Department of the Army authorization to impact 0.24 acres of jurisdictional wetlands associated with
construction of an Ocean Club on 61st Street , Oak Island , Brunswick County , North Carolina .
I of 1 9/25/2008 7:06 AM
II Imil
US Army Corps
Of Engineers
Wilmington District
Ds- I Asq
PUBLIC NOTICE
Issue Date: September 24, 2008
Comment Deadline: October 23, 2008
Corps Action ID #: 200400320
The Wilmington District, Corps of Engineers (Corps) has received an application from
Food Lion, LLC and Funston Land & Timber, LLC seeking Department of the Army
authorization to impact 0.24 acres of jurisdictional wetlands associated with construction
of an Ocean Club on 61St Street, Oak Island, Brunswick 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.armv.mi]/wetlands.
Applicant: Jeff Earp
Funston Land & Timber, LLC and Food Lion, LLC
1007 Evangeline Drive
Leland, North Carolina 28451
[phone]
AGENT (if applicable):
Authority
Mark Westerndorf
Land Management Group, Inc
PO Box 2522
Wilmington, North Carolina
[phone]
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 is located at the far end of 61 st Street, between 61 st and 59th Street,
adjacent to the Atlantic Ocean, in Oak Island, Brunswick County. Latitude 33° 54'
33.65596"; Longitude 78° 06' 13.38366".
Existing Site Conditions
The property is located on an artificial barrier island in the coastal plain physiographic
province. This barrier island was separated from the mainland during the excavation of
the Intracoastal Waterway. Elevations for the property range from 5 to 15 feet above
mean sea level. There are four soil mapping units mapped as occurring on the property.
The hydric soil mapping units are Leon fine sand (Aeric Haplaquods) and Duckston fine
sand (Typic Psammaquents). The nonhydric soil mapping units that may contain
inclusions of hydric soils for the subject property are Wando fine sand (Typic
Udipsamments) and Newhan fine sand (Typic Quartzipsamments). The hydric inclusions
associated with these mapping units are Leon fine sand and beaches, respectively. No
nonhydric soil mapping units are mapped for the subject property.
The upland plant community present on the property consists of Maritime Deciduous
Forest. This community is located on the northern portion of the property and contains
an open canopy dominated by live oak (Quercus virginiana) and an understory composed
of mockernut hickory (Carya tomentosa), black cherry (Prunus serotina), and Florida
dogwood (Cornus florida). Herbaceous vegetation throughout this community includes
partridge berry (Mitchella repens) and greenbrier (Smilax smallii).
The two-wetland plant communities present on the property are Interdune Pond and
Maritime Swamp Forest. The Interdune Pond community is located on the southern
portion of the property and is a monotypic stand of common reed (Phragmites australis).
The Maritime Swamp Forest community is located in the central portion of the subject
property and grades into the adjacent plant communities to the north and south. The
canopy in this community is composed of black gum (Nyssa sylvatica), swamp tupelo (N.
biflora), water oak (Quercus nigra), and red maple (Acer rubrum). Herbaceous
vegetation includes netted chain-fern (Woodwardia areolata), royal fern (Osmunda
regalis), and cinnamon fern (O. cinnamomea).
Applicant's Stated Purpose
The purpose of the project is to construct a community beach club, consisting of an
extension of SE 61st Street, two buildings, an elevated access bridge/driveway, a
retaining wall, parking lot, gazebo and beach access way to serve the Brunswick Forest
subdivision.
Project Background
The original DA permit was issued on June 23, 2005 to construct a Food Lion Store (fill
0.48 acres of wetlands), place a culvert and construct a road (0.04 acres of wetlands) and
develop residential lots (0.24 acres of wetlands). As compensatory mitigation for the
0.76 acre of unavoidable wetland impacts resulting from construction of the Food Lion,
Food Lion LLC was required to provide a minimum of 0.76 acre of wetland creation and
5.50 acres of wetland preservation on-site. Construction of the Food Lion and the
associated mitigation site has been completed. The remaining portions of the project
associated with the 4 residential homes along the oceanfront were not completed.
Subsequently, the Funston Land & Timber have become co-applicants to the proposal to
construct the proposed project. The proposed project replaces the authorized
development of four residential lots with a beach club to serve the Brunswick Forest
community and will result in a slight increase in wetland impacts of (0.01 ac).
Project Description
The applicant is requesting to modify its original Department of the Army (DA) Permit
issued on June 23, 2005 to allow for the construction of a beach club to serve the
Brunswick Forest community. Brunswick Forest is located off NC Hwy-17 in Leland,
Brunswick County and is approximately 4,900 acres in area.
The proposed beach club facility consists of two covered clubhouses, each measuring
1,870 square feet in area, with a 6' wide beach access walkway leading to a 21' in length
by 10' in width platform. The platform would then lead either south onto the beach via a
set of steps, or would continue west to a 9' in length by 8' in width extension, terminating
in a covered gazebo, measuring 14' in length by 14' in width.
The clubhouses would be accessed via an extension of 61 st Street SE leading to an
elevated, wooden bridge. A culvert, measuring 36" in diameter, would replace a 24"
culvert along the existing road right-of way and two retaining walls would be installed on
either side of (parallel to) the road for stabilization. The access bridge would be elevated
approximately 3' over the jurisdictional wetlands. A separate bridge approach/ramp,
approximately 600 square feet in area, would lead from the extension of 61st Street SE
onto the bridge. A bulkhead would be located immediately seaward of the bridge to allow
for the construction of the parking area. The road extension, bridge, bulkhead and
resulting wetland fill area were previously authorized under to allow access to the four
residential lots originally proposed. Total wetland impacts previously authorized for the
residential lots are 0.24 ac. Total wetland impacts associated with the proposed project is
0.25 ac (11,022 square ft). As stated above, the proposed project replaces the
development of four residential lots with a beach club to serve the Brunswick Forest
community and will result in a slight increase in wetland impacts of (0.01 ac).
According to the applicant, a modification of the State Stormwater Permit (# SW8
040113) was approved for the proposed development on January 22, 2008.
Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate
State agencies for review. The Corps will generally not make a final permit decision until
the North Carolina Division of 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 appropriate application fee 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 be deemed
to occur if the NCDWQ fails to act on this request for certification within 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 Crabtree Boulevard,
Raleigh, North Carolina 27604-2260. All persons desiring to make comments regarding
the application for certification under Section 401 of the Clean Water Act should do so in
writing delivered to the North Carolina Division of Water Quality (NCDWQ), 1650 Mail
Service Center, and Raleigh, North Carolina 27699-1650 Attention: Ms Cyndi Karoly by
October 15, 2008.
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 (NCDCM), and the NCDCM notifies the Corps that it concurs with the
applicant's consistency certification.
Essential Fish Habitat
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson-Stevens Fishery Conservation and Management Act. The Corps' initial
determination is that the proposed project will not adversely impact EFH or associated
fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils
or the National Marine Fisheries Service.
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 and consulted the latest North Carolina Natural Heritage Database. 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, October 23, 2008. Comments
should be submitted to Dave Timpy at [phone].