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HomeMy WebLinkAbout20052146 Ver 5_Public Notice_20090121 Ell US Army Corps Of Engineers Wilmington District PUBLIC NOTICE OS-cl\4LDV5 Issue Date: January 16,2009 Comment Deadline: February 17,2009 Corps Action ID: SA W-2005-777 All interested parties are hereby advised that the Wilmington District, Corps of Engineers (Corps) has received an application from Land Management Group, Inc. on behalf of Coastal Communities, Inc. seeking Department of the Army authorization to impact 2.05 acres of wetlands and 80 linear feet of stream associated with the continued development of Seawatch at Sunset Harbor, a planned-unit development (PUD) in 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.Corps.army.mil/wetlands. Applicant: Coastal Communities, Inc. c/o Sheldon Tucker 131 Ocean Boulevard West Holden Beach, North Carolina 28462 ~~@~DW~@ JAN 2 1 2009 DENR - WArERQUALITY ~DSANDSTORMWATERBRANCH 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 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act. Location Seawatch at Sunset Harbor is an approximately 2,882 acre planned-unit development (PUD), portions of which are within the planning jurisdictions of both Oak Island and Brunswick County. The current project area is 1,382 acres and is located along the Atlantic Intracoastal Waterway (AIWW), southwest of the intersection of Highway 211 and Midway Road in the Town ofSt. James, near Southport, NC (Figure 1). The current project area is bound by Sunset Harbor Road to the west, undeveloped land to the north and east, and the Atlantic Intracoastal Waterway to the south. Latitude: 33.92950 N; Latitude: -78.17840 W. Existing Site Conditions According to information provided by the applicant, the property is bound by Sunset Harbor Road to the west, undeveloped land to the north and east, and the Atlantic Intracoastal Waterway to the south. Elevations of the property range from 3 ft to 20 ft (Figure 2) and it is located within the Lumber River Basin. Soils According to the Brunswick County Soil Survey, soils mapped within the site include Kureb fine sand (KrB), Newhan fine sand, dredged (NhE), Wando fine sand (WaB), Mandarin fine sand (Ma), Carteret loamy fine sand (CA), Leon fine sand (Lo), Murville mucky fine sand (Mu), and Muckalee loam (Figure 3). Most of the soils in Brunswick County formed in Coastal Plain sediment or from the sediments deposited by streams. With the exception of the dredged material disposal areas (Newhan), the soils in the exchange areas are either on broad interstream divides, low flood plains or intertidal marshes. Below the surficial deposits is phosphatic limestone with layers of silt, sand and sandy marl. Wetlands located adjacent to the AIWW are largely intertidal salt marsh dominated by Spartina alterniflora. Three unnamed tributaries of the AIWW extend into the site. Wetlands along the upper reaches of the streams are riparian in nature. Three Carolina Bays exist in the northern part of the site. The remainder of the wetlands within the tract can be characterized as either headwater or poco sin. Wetlands within the bays and pocosins support loblolly pine (Pinus taeda), pond pine (P. serotina), red bay (Persea palustris), loblolly bay (Gordonia lasianthus), wax myrtle (Morella cerifera), and catbrier (Smilax spp.). Uplands primarily support loblolly pine, long leaf pine (Pinus palustris), live oak (Quercus virginiana), red maple (Acer rubrum) and turkey oak (Quercus laevis). According to the applicant, water resources within and adjacent to the project site are not located within a primary nursery area. In addition, they state that there is no submerged aquatic vegetation present. Marine resources located along the waterfront property beyond mean high tide include intertidal marsh as well as intertidal and subtidal benthic communities. Intertidal marsh areas are predominantly vegetated with Spartina alterniflora. Site History According to the applicant, most of this site is forested and was historically utilized for timber harvest (Figure 4). It contains numerous soil access roads. However, the area near the AIWW is largely unvegetated and was historically utilized as a dredge disposal area by the Corps. The boundaries of the 404 jurisdictional wetlands were delineated by Land Management Group, Inc. and were approved in 2004 by Mr. Thomas Farrell, formerly of the Wilmington District Corps Regulatory Branch (SA W-2003-1124). As stated by the applicant, there are approximately seventeen conceptual phases of development for the overall Seawatch at Sunset Harbor community that have received 2 approval from the Town of Oak Island and Brunswick County. Developmental phases would take place on two adjacent tracts of land. Phases 1-11 are already in the process of development on an approximately 1500-acre tract formerly known as the Mercer Mill tract (Table 1). Phases 12-17, including the marina village and proposed wetland road crossings, would take place on a 1382. 19-acre tract ofland formerly known as the Yellow Banks tract. The Mercer Mill property and the Yellow Banks property collectively form Seawatch at Sunset Harbor PUD. This request for authorization is submitted for wetland and stream impacts associated with the development of the Yellow Banks section of Sea watch at Sunset Harbor. Table 1. Department of the Annyauthorizations associated with the Seawatch at Sunset Harbor Planned-Unit Development. Corps Authorization Type Impacts Purpose Action ID and Date Issued SAW- NWP 14 issued on Wetlands: 0.33 Road relocation to allow 2004-59 February 9, 2004 acres the Town of Oak Island access to their adjacent property SAW- Modification issued of Wetlands: 0.384 Phases 1-11 of 2005-777 NWP 14 issued on acres Seawatch at Sunset January 14,2008 Tributaries: 117 Harbor linear feet SAW- GP 291 issued on April Non-fill crossings of Construction of 4 piers 2007 -1686 2,2008 Section 10 waters with crabbing platforms, and wetlands (pile- one floating dock and an supported structures) elevated wooden bridge Applicant's Stated Purpose The applicant's stated purpose is to construct a planned unit development in the Oak Island area that will include a marina to allow boating and recreational opportunities for residents. Project Description The applicant's proposed project is 1,382 acres in size and is located within the Yellow Banks portion of Seawatch at Sunset Harbor. The proposed community road crossings would serve to provide access and traffic circulation to the future upland development areas of the entire Seawatch at Sunset Harbor Community. The mixed-use conceptual plan includes 2,200 single-family lots, 100 multi-family units and a community marina (Figure 8). In addition, approximately 150 acres of open space with amenities to include pocket and linear parks and pedestrian connectivity with greenway systems throughout the community is proposed. 3 Marina and Marina Village Development Coastal Communities, Inc. proposes to construct a 1,275 feet x 330 feet upland marina basin containing 267 permanent wet slips along the Atlantic Intracoastal Waterway (Figure 9). The marina basin would be accessed via a 90 feet x 360 feet entrance channel. The proposed marina would be a floating system. Slips would be 30 feet, 35 feet, 40 feet, 45 feet, 50 feet, and 55 feet in length (Figure 10). Pilings would anchor the floating dock system and serve to separate individual slips. Vessels would be double loaded between fingers. There would be a total of 10 ramped access points that would be hinged at the base of the concrete bulkhead and would feature rollers for the floating dock structure. A designated right of way through residential lots would provide access points at all four corners of the marina. A boat ramp is proposed to be centrally located next to the dock master's office, providing two concrete ramps for residents of Seawatch at Sunset Harbor. A wooden floating dock would separate the two ramps and would provide temporary tie-up slips for boaters utilizing the ramps. According to the applicant, the proposed basin would be located entirely within upland portions ofthe tract. The majority of the proposed entrance channel would be located in upland areas; however, portions of the channel would be located within the narrow coastal marsh fringe and extending into the Atlantic Intracoastal Waterway. The proposed entrance channel is proposed to impact approximately 0.020 acres of coastal wetlands and 0.029 acres of freshwater wetlands. Dredging is proposed to a final depth of -8 feet mean low water (MLW) to assure safe navigation for intended clientele (Figure 11). Approximately 398,000 cubic yards of sediment would be excavated for the proposed marina. Turbidity and suspended sediment loading would be minimized by excavating the proposed marina basin (approximately 333,850 cubic yards) first, leaving a small plug near the outer end of the entrance channel. A settling period (minimum of two days) would pass prior to the removal of the plug. The marina entrance channel (approximately 64,150 cubic yards) would then be excavated including access to the AIWW. Erosion and sediment control practices would be routinely inspected and maintained during excavation. Excavated materials would be hauled to upland areas to the north of the marina village (Figure 12). Silt fencing would be placed around all dry excavated materials for sediment and erosion control purposes. A mulch or stone berm would be placed around all wet spoil materials for sediment and erosion control purposes. Four fixed crabbing docks are proposed along the AIWW. These crabbing docks would not have motor boat tie-ups and would be accessed by a fixed elevated walkway, 6 feet in width. A covered gazebo at the waterward end of each elevated walkway (Figure 13) is also proposed. Upland development of the marina village is proposed to include 117 residential lots, installation of bulkhead tie-backs, construction of a dock master's building, pedestrian oriented structures, sidewalks and landscaping (Figures 14, 15). Approximately 300 .parking spaces would be provided per the applicant's proposal. Sixty spaces would be located adjacent to the dock master's building. Remaining parking spaces, including 4 truck and trailer parking, would be located in close proximity to the north and northeast of the dock master's building. If authorized, the marina would remain private, for use by residents and guests of Seawatch at Sunset Harbor. It would be the marina policy to allow no overboard discharge of wastes. This policy would be clearly designated with appropriate signage. No fueling, maintenance or marine services are proposed. A full-time dock master would be on-site once construction is complete. The dock master's building would be centrally located for supervision and safety purposes. A permanent pump out station would also be centrally located adjacent to the boat ramp and clearly designated. The pump out facility would tie into the Town of Oak Island sanitary sewer services. Dry stand piping has been incorporated into the marina design to aid in fire fighting. Additional safety features include an emergency spill response kit and fire extinguishers. Remaining Development Throughout the remainder of the tract, the applicant proposes approximately 2,200 single-family lots and 100 multi-family units. A total of24 wetland and stream crossings are proposed for the purposes of roadways, cart bridges and pedestrian access (Figure 8; 16-71). Four of the proposed road crossings are existing dirt road crossings or natural upland areas that require improvements of existing conditions to conform to the rest of the community roadways and would be paved upon completion. Three crossings are cart path bridges that would provide access to the marina and connectivity to neighboring phases of development (Figures 40, 42, & 65). Four of the proposed crossings would be roadway bridges that would span from uplands to uplands, thereby avoiding impacts to wetlands and streams (Figures 16,30,38, & 62). The bridge proposed over Davis Creek near the eastern edge of the property would span from uplands to uplands, with pilings located in wetlands as required by the structural engineer (Figures 60-64). Please note that this bridge would be partially constructed on property owned by the Corps and the applicant is currently in negotiation with the Corps to allow construction of the proposed bridge on Corps property. This crossing would provide the Corps access to an adjacent dredge disposal site. The applicant states that the culvert sizes and quantities were designed to allow for adequate stormwater considerations, wetland connectivity and public utility placement (Figure 68). In addition, roadway sections were limited to 24 feet from back-of-curb to back-of-curb in most of the proposed corridors to further reduce impacts to wetlands and streams. All subdivision roadways would remain private upon completion. Anticipated Impacts Wetlands Per the applicant's request, twenty-four (24) wetland crossings are proposed, one of which is also a perennial stream crossing. Four of these crossings are widenings of existing dirt roads or natural uplands. The necessary road crossings would result in fill impacts to 2.0 acres of wetlands and 80 linear feet of perennial stream throughout the development (Figures 16-66). 5 To construct the proposed marina entrance channel, there would be excavation impacts to approximately 0.020 acres of coastal marsh wetlands and 0.029 acres of freshwater wetlands (Figure 67). Special care was taken during the planning process to position the entrance channel in an area that is largely void of marsh vegetation. Threatened and Endangered Species The proposed project includes a marina that would likely increase boat traffic in this section of the Atlantic Intracoastal Waterway. This could negatively affect manatees, sea turtles, and American alligators. To offset this potential impact, boaters would be instructed by marina staff to maintain slow speeds until they reach deep waters. The applicant states that they believe that, this project is not expected to impact any Federally-protected species. Water Resources The marina entrance channel plug excavation and piling installation for the crabbing docks may result in localized increased turbidity and suspended sediment concentrations within the Atlantic Intracoastal Waterway. However, increased turbidity and suspended sediment would be short-lived due to settling and dilution. Turbidity and suspended sediment loading would be minimized by excavating the marina basin first, leaving a small plug near the outer end of the entrance channel. A settling period (minimum of two days) would pass prior to the removal of the plug. 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 in the NCDWQ Central Office in Raleigh serves as application to the NCDWQ for 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, Raleigh, North Carolina 27699-1650 Attention: Ms Cyndi Karoly. The applicant has not provided to the Corps, a certification statement that his/her proposed activity 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 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. 6 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 would 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 would 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. A Phase I archaeological resources survey was conducted on 281 acres of the proposed development in 2004 for the land exchange between the Corps and the current property owner. Three sites were identified during this review, although they are not recommended for eligibility for the National Register of Historic Places and the N.C. Department of Cultural Resources had no comment on the report. 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 that there may be 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. A final determination on the effects of the proposed project will be made 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. Table 2. Federally-listed endangered and threatened species known to occur in Brunswick Coun , NC, excludin coastal and marine s ecies. I Common Name I Scientific Name I Status I T(S/A) BGPA E E E E West Indian manatee Trichechus manatus 7 Wood stork Plants Coole's meadowrue Rou h-leaf loosestrife E E E Evaluation The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, ofthe 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 would include application of the Environmental Protection Agency's 404(b)(1) guidelines. Commenting Information The Corps is soliciting comments from the public; federal, state and local agencies and officials; 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 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 (NEP A). 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. 8 Written comments pertinent to the proposed work, as outlined above, would be received by the Corps of Engineers, Wilmington District, until 5pm, February 17,2009. Comments should be submitted to Ms. Kimberly Garvey, Regulatory Specialist, for this project. 9