20041167 Ver 1_Public Notice_20040803

.DEPARTMENT OF THE ARMY AUG 0 3 2004
Wilmington District, Corps of Engineers
Post Office Box -1890 IN~1T~~ ~UALI`~Y ~~C"~1C~
Wilmington, North Carolina 28402-1890
(http://www.saw.usace. army.miUwetlands/regtour.htm)
Action ID No. 200300214 July 28, 2004
PUBLIC NOTICE ~} ,~ 7 ~~~ ~, ~~'
Dallas Harris Construction, PO Box 531, Wrightsville Beach, NC 28480, has applied for a
Department of the Army (DA) permit TO DISCHARGE FILL MATERIAL INTO 0.61 ACRES
OF SECTION 404 WETLANDS AND 2.79 ACRES OF WATERS OF THE UNITED STATES
ADJACENT AND HYDROLOGICALLY CONNECTED TO SMITH CREEK, A
TRIBUTARY TO THE CAPE FEAR RIVER, ASSOCIATED WITH THE CONSTRUCTION
OF PHASE 6 OF THE WESTBAY ESTATES RESIDENTIAL. SUBDIVISION, LOCATED
ALONG THE WEST SIDE OF NORTH CAROLINA HIGHWAY 17, OFF TORCHWOOD
BOULEVARD, IN WILMINGTON, NEW HANOVER COUNTY, NORTH CAROLINA.
The following description of the work is taken from data provided by the applicant and
from .observations made during a site visit by a representative. of the Corps of Engineers. The
project site is comprised of three tracts in the Westbay Estates property. Tract A, located south
of Putnam Drive, is 63.63 acres in size; tract B, located north of Lendire Road and south of
Torchwood Boulevard, is 75.91 acres; and tract C, located north of Torchwood Boulevard, is
29.04 acres in size. These tracts include approximately 5.67 acres of jurisdictional wetlands and
approximately 3.0 acres of Waters of United States. Plans submitted with the application show
permanent impacts to 0.61 acres of jurisdictional wetlands associated with road crossings and lot
fill. In addition, the applicant proposed to fill 2.79 acres of jurisdictional waters associated with
road construction and lot development. The purpose of the work is to construct Phase 6 of the
Westbay Estates residential. development. Prior Corps of Engineers permitting of impacts to
jurisdictional waters at the Westbay Estates residential subdivision include the January 5, 2001
verification (Action ID # 200100297) for the use of Nationwide Permit 41, Reshaping of
Existing Drainage Ditches. for 0.82 acres of impact to Waters of the United States.
The current use of the majority of the project area is undeveloped, mowed grassland.
Historically, the proposed protect area was once a palustrine, shrub-scrub and broad-leaved
evergreen pocosin habitat that had been ditched and drained and utilized for forestry practices.
Approximately 5.67 acres of the palustrine pocosin (wetland) remain. The surrounding land use
is residential development.
Proposed impacts to jurisdictional wetlands and waters are associated with construction of
roads and lot development. Plans for the project include the proposed placement of 50,530 cubic
yards of fill material for the road crossings and lot fill. Plans showing the work are included
with this public notice.

The proposal also includes an on-site mitigation plan that includes creation of 1.18 acres of
wetlands, the. construction of 50,613 (3.74 acres) of grassed swales, and preservation of 5.06
acres of wetlands. The mitigation proposal is included with this public notice.
This proposal shall be reviewed for the applicability of other actions by North Carolina
agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of the Clean Water Act
by the North Carolina Division of Water Quality (NCDWQ).
b. The issuance of apermit to dredge and/or fill under North Carolina General Statute
113-229 by the North Carolina Division of Coastal Management (NCDCM).
c. The issuance of a permit under the North Carolina Coastal Area Management Act
(CAMA) by the North Carolina Division of Coastal Management (NCDCM) or their delegates.
d. The issuance of an easement to fill or otherwise occupy State-owned submerged land
under North Carolina General Statute 143-341(4),146-6, 146-11, and 146-12 by the North
Carolina Department of Administration (NCDA) and the North Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the Land Quality
Section, North Carolina Division of Land Resources (NCDLR), pursuant to the State
Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66).
The requested Department of the Army (DA) permit will be denied if any required State or
local authorization and/or certification are denied. No DA permit will be issued until a State.
coordinated viewpoint is received and reviewed by this agency. Recipients of this notice are
encouraged to furnish comments on factors of concern represented by the above agencies
directly to the respective agency, with a copy furnished to the Corps of Engineers.
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson-Stevens Fishery Conservation and Management Act. The District Engineer's 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.
This application is being considered pursuant to Section 404 of the Clean Water Act (33
U.S.C.. 1344). Any person may request, in writing within the comment period specified in the
notice, that a public hearing be held to consider this application. Requests for public hearing
shall state, with particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the National Register of
Historic Places for the presence or absence of registered properties, or properties listed as being
eligible for inclusion therein, and this site is not registered property or property listed as being
eligible for inclusion in the Register. Consultation of the National Register is the extent of
cultural resource investigations by the District Engineer, and he is otherwise unaware of the.
2

presence of such resources. Presently, unknown archeological, scientific, prehistorical, or
historical data maybe lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that the proposed
activity will affect species, or their critical habitat; designated as endangered or threatened
pursuant to the Endangered Species. Act of 1973.
The decision, whether to issue a permit, will be based on an evaluation of the probable
impacts, including. cumulative impacts, of the proposed activity and its intended use on the
public interest. Evaluation of the probable impacts that the proposed activity may have. on the
public interest requires a careful weighing of all those factors that become relevant in each
particular case. The benefits that maybe expected to accrue from the proposal must be balanced
against its foreseeable detriments. The decision whether to authorize a proposal, and if so the
conditions under which it will be allowed to occur, are therefore decided by the outcome of the
general balancing process. That decision should reflect the national concern for both protection
and use of important resources. All factors that may be relevant to the proposal must be
considered including the cumulative effects of it. Among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (according to Executive Order 11988), land use, navigation,
shore 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 placement of
dredged or fill materials in waters of the United: States, a permit will be denied if the discharge
that would be authorized would not comply with the Envirorunental Protection Agency's
404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or
criteria, a permit will be granted unless the District Engineer decides that it would be contrary to
the public interest.
The Corps of Engineers is soliciting comments from the public; Federal; State and local
agencies and officials; Indian Tribes and other interested parties to consider and evaluate the
.impacts of this proposed activity. Any comments received will be considered by the. Corps of
Engineers to decide 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 decide the need for a public hearing and to decide the
public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA) permit will not
be made until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives
State certification required by Section 401 of the Clean Water Act. The NCDWQ considers
whether the proposed activity will comply with Sections .301, 302, 306, and 307 of the Clean
Water Act. The application and this public notice for the Department of the Army (DA) permit
serves as application to the NCDWQ for certification.
3

Additional information regarding the Clean Water Act certification maybe reviewed at the
offices of the Wetlands/401 Unit, NCDWQ, 2321 Crabtree Boulevard, Raleigh, North Carolina
27604-2260. Copies of such materials will be furnished to any person requesting copies upon
payment of reproduction cost.
All persons desiring to make comments regarding the application for Clean Water Act
certification should do so in writing delivered to the North Carolina Division of Water Quality
(NCDWQ), 1621 Mail Service Center, Raleigh,. NC 27699-1621, on or before August 13, 2004,
Attn: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will`be received in
the Corps of Engineers, Wilmington District, Wilmington Regulatory Field Office,
Attn: Ms. Jennifer Frye, Post Office Box 1890; Wilmington, North Carolina, 28402-1890, until
4:15 p.m., August 27, 2004, at telephone [phone].
4

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3973 ~ Market street • Wilmington, North Caro~ina 28403
9 i o.z54.o602 ~ax: 9 10.254.0603 • o{-~[e-mail]
www.segi. us
Westbay Estates Impact Detail Sheet
Impact
_._ ._.... Type of Impact
1. _... _- - - ----- - - --- ~ Type of Wetland
- - ~---- --..._. ____. -- i Size (acres)
--._. 1..----.. _ _._... - -
1 :Road Crossing Wet Flat :0.120

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9 I Lot Fill Wet Flat 0.010
10
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11 Road Crossing Wet Flat 0.110
12 ; Road Crossing , Wet Flat ~ 0.040
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13
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Fill
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Waters of the US
' 2.79 Acres

~out~ern ~nvironmenta~ Cjrou~, ~nc.
3973 B Market Street Wilmington, North Carolina 28403
910.254.0602 Fax: [phone] [e-mail]
www.segi.us
Westbay Estates Mitigation Plan
Draft v.l
Requested By:
Dallas Harris Real Estate Construction, Inc.
Post Office Box 551
Wrightsville Beach, NC 28480
Prepared By:
David A. Syster, M.S.
Southern Environmental Group, Inc.
3973 B Market
Wilmington, NC 28403
July 1, 2004

Introduction
Dallas Harris Real Estate Construction Company, Inc. (Dallas Harris) has undertaken
development activities within Westbay Estates Subdivision, tract located west of Market
Street, Odgen, New Hanover County, North Carolina. Mr. Harris wishes to complete his
development of and requested Department of the Arrny approval for unavoidable impacts
to section 404 wetlands.
Mr. Harris has retained Southern Environmental Group, Inc. to prepare a suitable
mitigation plan to off-set all unavoidable wetland impacts.
Impacted Sites
At the present time 5.67 acres of jurisdictional wetlands exist within Westbay Estates.
Ditches within the tract do exist, and ditch bottoms have been classified as Waters of the
United States by the US Army Corps of Engineers (ACOE). Completion of the proposed
subdivision requires that 0.61 acres of wetlands will be impacted, in additon 48,667 92.79
acres) Linear feet of Waters of the US (3.74 acres.) Will be filled.
The proposed areas of wetland impacts are located at 13 locations within Westbay
Estates. Approximatley 48,667 (2.79 acres) linear feet of exisiting ditches will be
relocated, 8 road crossings impacting 0.480 acres, and 0.130 acres of lot fill (Figure l .).
The areas of proposed impacts was once a palustrine, shrub-shrub, broad-leaved
evergreen, pocosin habitat. Historically (pre-project) the site was utilized for forestry
practices. At the present time the sites have been contuinually mowed.
Soil types present in Westbay Estates include Murville fine sand (Typic Haplaquods) and
Leon sand (Aeric Haplaquods). Both soil types can be characterized as being poorly to
very poorly drained and are predominately sand. These soils are nearly level and are
found on flats and within depressions (Figure 2.).
Vegetation present in Westbay Estates pre-project included: Aristida spp. (Wire grass),
Pteridium aquilinum (bracken fern), Ilex coriacea (tall gallberry), Myrica cerifera (wax
myrtle), Osmundia cinnamomea (cinnamon fern), and Pinus taeda (loblolly pine).
Presently, vegetation at Westbay Estates is limited to Pinus taeda (loblolly pine) and
limited under story vegetation due to development activities and mowing.
Mitigation
As identified in the memorandum of agreement between the USACE and US EPA (15
November 1989), acquisition and preservation of existing wetlands is favored for corridor
protection and as a means to hedge against future destruction or unfavorable habitat
impacts. Preservation also insures that wetlands endemic to the region will remain and
continue to provide the functions and values associated with them. The mitigation
proposed below includes creation and preservation.

Creation
(+/- 1.18 acres of wetland, 50,613 linear feet of swales) (3.74 acres)
The proposed mitigation area includes a section within Westbay Estates previously
ditched. A contiguous +/- 1.18 acres will be utilized as a creation project to off-set
potential unavoidable impacts. Although a number of ditches in this area will remain, a
number of ditches will be filled as shown on the attached map. Additionally,
approximately 50,613 (3.74 acres) linear feet of swales will be constructed within this
phase of the subdivision. (Figure 1.)
Preservation Areas
(+/- 5.06 acres)
The second area of proposed mitigation consists of 11 sites located in Westbay Estates
subdivision. These are jurisdictional areas within the project which will remain post
project. In addition the 1.18 acre of created wetlands will also be preserved. (Figure 1.)
Typical vegetation and soils associated with these areas are similar to those fotmd pre
project.
Hydrology has been altered only slightly by recent development of the surrounding area.
The system appears to receive its hydrologic input from runoff from the adjacent upland
areas.
Habitat Values
Due to the high quality of both these habitats they provide a number of functions
pertinent to wildlife including many species which migrate through the area seasonally or
are in a life history stage. These wetlands provide a fringe habitat in an area where
development will likely occupy the majority of the surrounding land. The system also
functions to buffer water high in pollutants from runoff associated with the adjacent
developed areas.
Mammalian species include: Odocoileus virginianus (white-tailed deer), Vulpes vulpes
(red fox), Urocyon cinereoargenteus (gray fox), Procyon lotor (racoon), Didelphis
Virginian (opossum), Sciurus carolinensis (gray squirrel), and smaller rodents such as the
field mouse.
Bird species include: various species of predatory hawks and owls, as well as smaller bird
species such as Turdus migratorius (american robin), Gyanocitta cristata (blue jay),
Mimus polyglottos (mocking bird), Cantopus virens (eastern wood pewee), Parus
carolinensis (carolina chickadee), Thryothorus ludovicianus (carolina wren), Parus
bicolor (tufted titmouse), species from the family Ardeidae (herons), among others. It
should be noted that this habitat provides excellent migratory and resident song bird
habitat and nesting areas.
Herpetological species found in the region include: Agkistrodon piscivorus (eastern
cottonmouth), Agkistrodon contortrix contortrix (southern copperhead), Nerodia

erythrogaster erythrogaster (redbelly water snake), Opheodrys aestivus (rough green
snake), Elaphe obsoleta obsoleta (black rat snake), among others. Turtle species in the
region include: Terrapene carolina carolina (eastern box}, Clemmys guttata (spotted
turtle), Chelydra serpentina (common snapping turtle), and Kinosternon subrubrunz
(eastern mud turtle). Many toad species form both the Scaphiopus (spadefoot) and Bufo
(true toads} families, as well as frogs from the Hyla (tree frogs) and Rana (true flogs)
families. Various species of salamanders from the Ambystoma (mole salamanders),
Notophthalmus (newts), and Plethodon (wood salamanders) families. Anolis carolinensis
(green anole) is also found in the region.
Preservation and Protection
Ultimately, the intent of this enhancement package is to subject the described mitigation
parcels to a conservation easement. Recent urban impacts within and adjacent to the
conservation sites increase the need for preserving wetland functions in a natural state. In
addition, continued availability of Nationwide or General 404 Permits to surrounding
property owners increase the possibility of fizrther degradation of the wetland and its
associated functions. Preservation of this land will provide significatlt vital resource
protection in the lower reaches of the Cape Fear River watershed.
In order to insure perpetual protection of the mitigation sites, Mr. Harris is proposing a
permanent conservation easement be placed on the properties. The easements will be
designed to ensure perpetual preservation of the property and will be held by the
respective homeowners association.
Restoration
As previously mentioned, the restoration parcel located in Westbay Estates has previously
been ditched and mowed, altering the hydrology and vegetative composition of the site.
Mr. Harris therefore proposes to restore this 1.18+/- acre area back to its previous pre
construction wetland status, and then monitor the site ensure it meets the criteria for
wetland status.
The first step in restoring this area involves returning wetland hydrology to the area. Mr.
Harris plans to reintroduce water to the area (see attached map). This will be
acomplished by constructing grass swales to direct treated storm water into the site.
Storm water from the lots and streets adjacent to the azea wil be directed through velocity
reduction devices and through grass swales along Voland Drive. In order to ensure
adjacent Lots and homes are not flooded during periods of heavey rains, an emergency
outfall will be constructed.
The next step in the restoration process is to re-vegetate the land with native wetland
plant species that were historically located on site and compatible with the soil type and
water regime of the site. As previously mentioned, this area was historically a pocosin
type environment consisting of deciduous shrubs, evergreen pines and a few hardwood
tree species. Therefore, the following species are good candidates to plant: Pinus taeda.
Pinus serotina, Gordonia lasianthus, Persea borbonia, Cyrilla racemiflora, Quercus

nigra, Salix nigra, Cyrilla racemiflora, Nyssa biflo~°a, and Fraxinus pennsylvanica. A
minimum of 680 trees per acre will be planted, with no one species snore than 20 percent
of the total.
Monitoring and Success Criteria
To ensure the successful restoration of this site, long term monitoring will be required.
The key in attaining the desired wetland restoration is to assure every measure will be
taken to provide the conditions necessary for wetland hydrology to develop in order to
establish the desired vegetation. Vegetative counts, soil characteristics, and hydrologic
regimes will be monitored for a five year period. Annual site visits will be conducted and
findings will be reported thereafter.
The success criteria of this mitigation site will be based on the 1987 Army Corps of
Engineers Wetlands Manual. The mitigation site will be deemed successful once it meets
the three wetland parameters outlined in the manual and as further described in this
section. The site can be deemed successful by meeting the success criteria for two (2)
consecutive years.
Vegetation
Vegetative data will be gathered including survival data of the planted specimens and the
presence of nuisance species. Species diversity and composition will be noted. For
success criteria to be met, we would expect a survival rate of 320 planted trees per acre
after 2 years, and 260 trees per acre after 5 years. No one species should account for
more than 20% of the composition. Any areas that do not meet these requirements will be
spot-planted.
Hydrology
Hydrologic monitoring within the site will consist of determining the water level at
various locations across the site to verify the presence of wetland hydrology during the
growing season. Monitoring wells will be installed to a depth of 20 inches and will be
sealed with sand and bentonite. These wells will take a daily reading of the water table
depth and this data will be processed into graphs and plotted against National Weather
Service rainfall data for the azea. Success criteria of the hydrologic parameter requires the
site to exhibit one or more of the primary indicators; or two or more of the secondary
indicators of hydrology as outlined in the 1987 Army Corps of Engineers Wetlands
Manual for twelve percent of the growing season under normal conditions (e.g. normal
rainfall, normal temperatures, etc..).
Soils
Hydric soils aze present and their hydric conditions will be enhanced as a result of
restoring the site's hydrology. This will be accomplished by allowing runoff from
portions of the subdivision to enter the mitigation area. Monitoring wells placed within
the mitigation area will be utilized to ensure that normal wetland hydrology is present.