20081335 Ver 2_Public Notice_20081016

08- 133S veg. a-
t
US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
ISSUe Date: October 16, 2008 '/
Comment Deadline: November 17, 2008
Corps Action ID #: SAW 2008 02586
The Wilmington District, Corps of Engineers (Corps) has reccived an application I'rom
the Lake Hills Homeowners Association seeking, Department of the Army (DA)
authorization to impact approximately 0.94 acre of emcr-ent wetlands (drained lake hasin
bottom) of the jurisdictional waters ol'tributaries ol'Mill Creek #3 associated with
construction of a berm/levy creating a 3.2 acre pond within a drained 13 acre lake located
at Lake Hills Subdivision located off of Lake\ iew Drive. northwest ol'Bethania. M
Forsyth 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.Sa??.ttsace.?umv.niil/??ctLuxl.
Applicant: Lake Hills Homeowners' Association
Attn: Mr. Dane E. Smith
P.O. Box 383
Pfafftown. NC 27040
Agent: Mr. Rocky Powell
Clear Creeks Consulting. LLC
1317 Knopp Road
Jarrettsville. MD 21084
Authority
The Corps will evaluate this application and decide whelhff to ISSUe, conditionally issue,
or deny the proposed work pursuant to applicable pr'oCCdUI"CS of Section =101 of the Clean
Water Act.
Location
The proposed project site is located on the southern side of the exiStin.! drained Lake
Hills lake adjacent to Lakeview Drive, northwest ol'Bethania, in Forsyth County, North
Carolina. Coordinates (in decimal de°_rees) for the site are 36.1881 North. -80.3481
West. The site is adjacent to tributaries of Mill Creek #3 in the Yadkin River Basin (8-
Digit Cataloging Unit 03040101).
Existing Site Conditions
General land use in the vicinity of the pro?ject site is the existing grass lawns in an old
established low-density residential neighborhood. The SUITOCInd'11`0 hi"h Oround is open
maintained lawns located around the existing drained lake basil. Two 1l16SCIICIiOnal
streams flow into the lake basil. both tributaries of Mill Crock 3#. The strew ni channels
have been degraded by the surrounding low-density residential Ile]" llborhood. Tile
drained pond basin has pockets ofenlergent wetland vegetation. It is likely that the
hydrology supporting these pockets will dr)'-up once the ousting dalll for the lake is
removed and the resultinl? degraded stream channels in the lake basin are restored.
Applicant's Stated Purpose
As stated by the applicant, the purpose of the project is for the applicant to replace an
existing 13 acre drained lake with a 3.2 acre pond within the basin of the drained lake.
The dam for the drained 13 acre lake is being-, removed and the impacted steam channels
associated with the drained lake basin restored under another (i.e. nationwide permit)
Department of the Ar?ny permit authorisation.
Project Description
The existing Lake Hills lake located off of Lakeview Drive was constructcd in the 1960's
included in the low density Lake Hills residential development. In 2003 a Ilood damaged
the dam associated with the 13 acre lake resulting in the North Carolina Division of Land
Resources (NCDL.R) to issue "Notices of Deficiency" for the danl and rccluiring the Lake
Hills dam to be either repaired or removed. III respotlsc to this situation, the Lake Ilills
Homeowners Association (LHHA) entered into an a,,recnlent with Pilot View RC&D to
remove the existing dam to meet the directives of the NCDLR (i.e. Tun safety
requirements). In addition, the LHHA Concurred to allow Pilot View RC&D to restore
3080 linear feet of sp'eanl channel and create 8.5 acres ol'wetlands on the jurisdictional
waters of Mill Creek #3 within the resulting old lakebed, renloved danl, and inil)acted
stream channel immediately downstream of the existing danl. The Department of the
Army permit authorization for this proposed work in jurisdictional waters was approved
for this proposed project on September 9. 2008, by verification of a Nationwide Permit
27.
To address the LHHA concern about the loss Of the community lake, a COIlll)C)Ilelll Of the
proposed project includes replacing the existing 13 acre lake with a smaller 3.2 acre
pond. This proposed pond would be located within the existin- lake basin on the
southern portion of the drained lake. The exiain`, lake was drained in 2005 by use 01',t
2
siphon resulting in a drained basin with saturated soils supportin, emergent wetland
vegetation. This situation set-up a System of hydrology supportin, an emergent wetland
community that meets the criteria of definition of.I jttl•isdictional wetland as defined by
the 1987 federal manual for Wetland Delineation. The cxist111`, siphon drains the lake
under normal conditions (i.e. the lake Still inundate / floods in storm events), but the
existing dam retains a saturated Soil hydrology. This Situation of Saturated soil hydrology
would no doubt he greatly reduced with the rcmoval of the danl and the resulting
complete draining of the lake basin. Crcatin, the smaller inlpoundnlcnt reduirc:
construction fill and excavation of a low earthen berm within the drained hasin. This
pond would be fed by tributaries entering front the south. Approximately 2500 cubic
yards of clean soil excavated from other portions of the chained lake basin would he
placed within the drained lake basin to construct the low e.u-then harm. PkiCin" of this
fill to construct the earthen berm would impact 0.94 acres of clllcry,Clll 1.11'ISdiCtlOllal
wetlands.
The applicant proposes no mitigation for the proposed 0.94 acres of enler?,ent
jurisdictional wetland fill impacts. However, it is noted that the total project will result in
the creation of 8.5 acres of wetlands. 't'hese wrtlands arc bcin?, created through Itllldlll"
by grants with the North Carolina Clean Water Mana`,ement Trust Fund and would be
protected through agreements with the Trust Fund and LHFIA associated with terms of
the grant.
Other Required Authorizations
This notice and all applicable application lllaterials arc being forwarded to the appropriate
State agencies for review. The Corps will generally not make a Final perlllit decision
until the North Carolina Division of Water Quality (NCDWQ) isSUCS, 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 the appropriate application
fee at the NCDWQ Central Office in Raleigh will constitute initial receipt of an
application for a 401 Water Quality Certific.ttion. A waiver will be deemed to occur 11'
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 he reviewed at the NCDWQ Central
Office, 401 Oversight and Express Permits Unit, 2321 Crabtree Boulevard, Raleigh,
North Carolina 27604-2260. All persons desirinC to slake comments regarding the
application for certification under Section 401 of the Clean Water Act should (io SO in
writing delivered to the North Carolina Division of Water Quality (NCDWQ), 1650 Mail
Service Center, Raleigh, North Carolina 27699-1650 Attention: Ms Cyndi Karoly by
November 10, 2008.
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 Mana??cment 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 projcct area or will be affected by the
proposed work. Presently, Unknown archeological, sclcntllic, prehistoric, ol. historical
data may be located within the project area and/or could be allfected by the proposed
work.
Endangered Species
The Corps has reviewed the project area. examined all ulfornrltloll 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 I'ornlal ly designated pursuant to the
Endangered Species Act of 1973 (ESA) within the projcct area. A final determination on
the effects of the proposed project will be made upon additional reyicw of the project and
completion of any necessary biological assessment and/or consullatfan with the U.S. Fish
and Wildlife Service."
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 file public interest.
That decision will reflect the national concern for both protection and utilization ol'
important resources. The benel'it. which reasonably may be expccfccl to atccruc Ir0111 Illy
proposal, must be balanced against its reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered includinz the cumulative effects
thereof: among those are conservation. economics, acstlictics. -'elleral cllvironnlcntal
concerns, wetlands, historic properties. fish and wildlife values. Ilood hazards, Ilood plain
values (in accordance with Executive Order 11988). land use, navi2ation. shoreline
erosion and accretion, recreation. water supply and conservation, water quality, energy
needs, safety, food and fiber production. mineral nerds, considerations ol, property
ownership, and, in general, the needs and welfare of the people. For activities involvino
the discharge of dredged or fill materials in waters of the United States, Ihr evaluation of
the impact of the activity on the public interest will include application ol'thc
Environmental Protection Agcncy's =404(b)( I ) 'Mlidelinrs.
C, I
4
Commenting Information
The Corps of Engineers is soliciting comments 1"1-0111 the public; Federal, State and local
agencies and officials, including any consolidate State Vicw'point or written position of
the Governor; Indian Tribes and other intcrested panic in order to consider and evaluate
the impacts of this proposed activity. Ally comments rcccived will be considered by the
Corps of Engineers to determine whether to issue, 1110dify, condition or deny a permit for
this proposal. To make this decision, eonllnents M'e used to assess impacts on endan-cred
species, historic properties, water quality. general environmental effects and the other
public interest factors listed above. Con11r1ents are used to the preparation 01'M1
Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS)
pursuant to the National Environmental Policy Act (NEPA). Continents are also used to
determine the need for a public hcarinL, and to determine the overall public interest of the
proposed activity.
Any person may request, in writinig, within the continent period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearin?"s
shall state, with particularity, the reasons for holding a public hcaring. Requests for It
public hearing shall be ;ranted, unless the District Engineer determines thal the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hcarinu.
Written comments pertinent to the proposed work. as outlined above, will he received
by the Corps of Engineers, Wilmington District, until 51-Im. November 17. 2008.
Comments should be submitted to John Thomas. Ralci,.!h Reculatory Field OI'I'ice, 3331
Heritage Trade Drive, Suite 105, Wake Forest. NC 27587.

SEP 0 Z 2008
RALEIGH REGULATORY FIELD OFFICE
? D Z
d ? w
P N N N
ryO? ?
T ?, N
O O O
? tD
O
O
Lake Hills Dam Removal and Ecological Restoration Project Location Map
p
Y •,
0 E a z '
?O c

?
9 W
TE^?A
' r?
u?i [ W v:
3 s .???
L P • V 4
P. W
- U

? ;i'• 4 L -
nF3 ? ?
` a
3iiJ0{s nqp
i61ssi'1;{E11

'
o `?
Ha ? 9
Qppa
,? r,
?
?. Z¢
? ?g
LJ a F? • 3

by W
LL

rT+ Y
61
`r 6
.
W ?--? ?
w tiTMiBpm y

T 1 ? W
IT,

9C
O

g ? b ?_.r FES gd °r ? 6?f ??
n y qaY. $g?j¦?T.? pr3 Ig ? 1 g - ? -
e
'
F?
?
P

t
8
T?
!!
3°
!
T
d? e? ? • p
?
f

..:. y
j
?F! s;z
a i 9!?y
iL
2 y
? pI
?
o _
L T n_ 9f5 Q?c a
aXj yB 1- 1" eopg ?" 1 yFb a?
d Dig RH@")
d°Fd
S
F
91i ep ??? ?? Fy?
T
?
z? 3
?
FS
?
5

C
N
y
r:
T Td i
P
] ?+ T
TjL
S
?
y ° €? T
S
F-,° [AS_ d;p b` yF a?? is 'pY T
v
?....
? 3 ? •?° c a. AXE sX y? R. gyi ec. 8? ?a
A
ii.? Ts??•° a6 5 d
r?3 de T?
?i Y ???
f?
Y
?p? ?
A ??
03
+sQ
a
S
G
3F7 Y?
???
yy x! Y
?y X? C?s?s iPC[?l? i11? !ES g[_.b ?5 s i a?] F
C
v
O
O N LL
Y N O
J Q ? N
C
v o a
E V ?
z Q a
- - - - - - - - - - - - - -
ltys-'
A'(
.tl ? r f • ? ? I? ?
;-
Fiji"
ail
k$
"Jai
,
irc • _
v
3
0
v ?
E u,
= 0 0
N ? O
Y ? rv ,Q
J Q p O
r•?
? U d
Z Q
y D w3
G
!C O A
7
a ? y
°y, N JC
ow 2
o a
m ^ ?
o °
N _
0
N
9
- eP !f 3 Vii; tj>? e
h}a$ F;
F
q
? i t+ o?? ? E E ? F
a"' ?Ef -F i'` w .`i '1 ? 1°E Ec} jet a 9)0
a$? ?' ?eEa Sipa : 9 Cv' ?nS '? tl
gy ? a el ??• P? -i? ?
G p
s 14
=i?? !yi:l?6 Spa} p'PF it"P !? }•¢? E y $ij a
^yJill ;p&$ c. '• b E} .
?;'.:/ j a}?? ?9c ei k FiR • • t} g?4 181 ?qq t? s4 a Jill, } ? dy
j i F ' ? Fie •(?RL ;?o}} •?£ ? ?pS-vq?ard ?yR? q;? P.aar?6 ? 0 a??
i,I [ ; ;jsA ?a i?! pEe?F ?Ea•ti ?i? E `???417=9vp ay? €a5gb+$$e a 1",? v by
E9 yf9 ?: ` L6• 'i5 E ? ¦?"i??z?E favS " kff?€P p° ? d ° ??§.+ ? P d
`? ; -Y E•dG ???ab ??? ? ?'?j???q?a? }z?'i v???64gsgd ? ? ????? p $? ?§
a` ?q ? i v ek6 r? ?p. ?@gEPq v ?7gR a PP
7i?sd???v ?a.• d? ?aai ? ? vP'?D y a
iaCV ? g
=t
!p
e
?a
i d, ii3ep`1 ? S
a,?S?3?p• ffV
y ]?pp. ?=a{?G qq
f m , 2;R 5?sp Sg
S?p¢F}.?? i?
O a`l33p3; k
z ?gae?k3?
c ,
?z
i n
x ? ?F
x a=.
fa.
a ESxao?
3 . f a ?p•

ail +? lil i}! f

S a