20061581 Ver 1_Public Notice_20061113

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US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: November 8, 2006
Comment Deadline: December 8, 2006
Corps Action ID #: SAW-2003-1188-065
The Wilmington District, Corps of Engineers (Corps) has received an application from the
New Hanover County Engineering Department seeking Department of the Army
authorization to permanently impact 3.045 acres of Section 404 jurisdictional Waters of the
United States (including 1.937 acres of wetlands) and to temporarily impact 0.55 acres of
Section 404 wetlands and 0.064 acres of Section 10/Section 404 coastal wetlands to facilitate
the construction of a new Water Treatment Plant, associated well fields and outfall
(discharge) pipe. The proposed jurisdictional impacts are to Waters of the United States,
including wetlands, that are adjacent to or hydrologically connected to unnamed
tributaries to Smith Creek, a tributary to the Northeast Cape Fear River, a Navigable
Water of the United States; Pages Creek, a tributary to the Atlantic Intracoastal Waterway
(ICW), also a Navigable Water of the United States; and the ICW itself. The proposed
project is located throughout the northeastern section of New Hanover County, including
the Greenview Ranches area, Ogden Park, Old Oak, Edgewater Club and Porters Neck
Roads, and Market Street, northeast of the City of Wilmington in New Hanover 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.army.mil/wetlands
Applicant: New Hanover County Engineering Department
Attn: Mr. Gregory Thompson
230 Market Place Drive, Suite 16
Wilmington, North Carolina 28403
Agent (if applicable):
Land Management Group, Inc.
Attn: Ms. Kim Williams
Post Office Box 2522
Wilmington, North Carolina 28402
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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 404 of the Clean Water Act
(33 USC 1344) and Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403).

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Location
The project area is located in the northern part of New Hanover County, North Carolina. The 88
square mile service area encompasses the northern half of New Hanover County with the
exception of the US Highway 421 corridor between the Cape Fear and Northeast Cape Fear
Rivers. The project area is bounded by Pender County to the north, the City of Wilmington to
the south, the Northeast Cape Fear River to the west, and the Atlantic Ocean to the east. The
project is comprised of multiple components that include a proposed Water Treatment Plant,
fifteen well fields, utility line corridor, and outfall.
Water Treatment Plant: The proposed project area for the Water Treatment Plant is an
approximately 45 acre tract located at 7601 Old Oak Road at the northern end of the Westbay
Estates residential development. Jurisdictional waters on the tract include 6 wetland pockets and
linear Waters of the United States. Site coordinates are 34.2876N, -77.8186W.
Well Field Sites: Of the 15 well sites, two are located within the Water Treatment Plant (WTP)
tract. Site coordinates are 34.2879N, -77.8166W and 34.2876N, -77.8206W. One is located
along the east side of Old Oak Road (726 Old Oak Road), immediately across from Hixon
Place, which contains a linear Waters of the U.S. Site coordinates are 34.2857N, -77.8176W.
Eight wells are located within the Greenview Ranches area, north and northeast of the WTP site.
All but two of these eight sites consist entirely of jurisdictional wetlands. Site coordinates are
34.3054N, -77.8024W; 34.2997N, -8019W; 34.3022N, -77.8078W; 34.3025N, -77.8131W;
34.2997N, -77.8132W; 34.2962N, -77.8130W; 34.2905N, -77.8181N; 34.2953N, -77-8181W.
The remaining four well sites are located within Ogden Park, west of US Highway 17 (Market
Street) and also contain jurisdictional wetlands. Site coordinates are 34.2733N, -77.8353W;
34.2692N, -77.8313W; 34.2712N, -77.8269W; 34.2752N, -77.8300W.
Utility Line Corridor: The utility line corridor, also referred to as the Route of Concentrate
Main, is would begin at the proposed WTP, extend along the rights-of--way of US Highway 17
(Market Street), Porters Neck Road, Edgewater Club Road, Final Landing Lane, and Bridge
Road. This corridor is predominantly upland areas; however, the line would cross three
jurisdictional areas (one unnamed tributary to Pages Creek, a tributary to the Atlantic Intracoastal
Waterway, a navigable Water of the United States and two wetland areas adjacent to unnamed
tributaries to Pages Creek). Site coordinates are 34.2855N, -77.7727W; 34.2941N, -77.7808W,
and 34.2977N, -77.7857W respectively.
Outfall Location: The proposed outfall site is located on the south side of the Figure Eight
Bridge, off Bridge Road, adjacent to and within the Atlantic Intracoastal Waterway. Site
coordinates are 34.2751N, -77.7616W.
Existing Site Conditions
Water Treatment Plant: This site is predominantly undeveloped land. Historically, this property
most likely supported a wet pine flat (wetland) community type; however, in the late 1990's,
Tulloch ditches, those that could be constructed without Department of Army authorization, were
excavated throughout the property and subsequently removed the hydrology of the most of the
wetlands. Only a few jurisdictional wetland pockets remain on the tract and the existing ditches
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have been classified as Waters of the United States. This area is within the headwaters of Smith
Creek, a tributary to the Northeast Cape Fear River, and ultimately the Cape Fear River, all
Navigable Waters of the United States.
Vegetation within the site has been mowed recently and consists mainly of fetterbush (Lyonicia
lucida), sweet pepperbush (Clethra alnifolia), and cinnamon fern (Osmundia cinnamonea) in the
herbaceous layer, with a few scattered loblolly pine (Pinus taeda) trees in the canopy.
According to the United States Department of Agriculture Soil Survey of New Hanover County
(April 1977), the site is underlain by Johnston loam, Murville fine sand, and Seagate fine sand
soil types. These soils have all been classified as hydric soils for New Hanover County.
A dirt path, approximately 20 feet wide, runs east-west across the site. Two water wells have
already been installed within the tract.
The property is located within the jurisdiction of New Hanover County and is zoned for single-
family residential (R-15) and is classified as a Wetland Resource Protection Area by the New
Hanover County Land Use Plan.
Land use to the west, south and east is currently residential and consists of the Westbay Estates,
Courtney Pines and Greenview Ranches residential communities. To the north is the
undeveloped, forested section of the Greenview Ranches area.
Well Field Sites: Two well sites are located within the Water Treatment Plant site; see above for
details. One is located on a 1.06 acre parcel just south of the Water Treatment Plant site, within
the Westbay Estates subdivision. Vegetation of this site is routinely mowed. Soils are mapped
as Seagate fine sand. The only jurisdictional feature on the site is a Tulloch ditch along the road
frontage.
The next eight well sites are located throughout the undeveloped, forested Greenview Ranches
area to the north and northeast of the Water Treatment Plant site. These tracts are each
approximately five acres in size. Soil roads, most with limited or no maintenance, were
constructed many years ago to provide some access to the area. Plantation Road runs from
Murrayville Road to the west and terminates approximate 0.3 miles west of US Highway 17
(Market Street). This soil road is approximately 22 feet wide and has parallel drainage ditches
on both road shoulders for the majority of the road length. Several smaller soil roads run north-
south through the area; however, these are predominantly not maintained and not passable with
most vehicular traffic. Ditches also parallel most of these roads. The vegetation of these parcels
consists of pond pine (Pinus serotina), gallberry (Ilex glabra), loblolly bay (Gordonia
lasianthus), titi (Cyrilla racemiflora), and fetterbush (Lyonia lucida). Soils in this area are
mapped as Murville and Leon fine sands. Most of these parcels consist entirely of palustrine
wetlands; however, two of the eight tracts contain some upland areas. The surrounding land use
is residential to the south and east, scattered agricultural (horse farms), and undeveloped,
forested to the west and north.
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The remaining four well sites are located within Ogden Park, a New Hanover County public
recreational facility. This total parcel is 160 acres, located west of Market Street and north of
Gordon Road. In 1993, the County obtained a Nationwide Permit 26 for impacts to 5.71 acres of
wetlands for the purpose of constructing the park facilities and infrastructure. The park facilities
consist of baseball and soccer fields, tennis courts, playgrounds, rest rooms, picnic areas, trails,
pet exercise area, stormwater ponds, roads, and parking. The tract is bisected by a Carolina
Power & Light (CP&L) Company utility line easement, running from the northwest to southeast.
The remaining wetlands are forested, except those areas within the powerline easement which
are routinely mowed for access and maintenance. Vegetation of the wetlands consists of pond
pine (Pinus serotina), loblolly pine (Pinus taeda), loblolly bay (Gordonia lasianthus), gallberry
(Ilex glabra), and wax myrtle (Myrica cerifera). The upland vegetation consists of loblolly pine
(Pinus taeda), gallberry (Ilex glabra), sweet gum (Liquidambar styraciflua), and red bay (Persea
borbonia). These soils of the wetlands are mapped as Murville fine sand, while the uplands are
mapped as Leon fine sand. The surrounding land use is residential.
All well sites are located within areas that are classified as a Wetland Resource Protection Area
by the New Hanover County Land Use Plan.
Utility Line Corridor/Route of Concentrate Main: This proposed route is within the rights-of-
way of Market Street, Porters Neck Road, Edgewater Club Road and Bridge Road, which are
periodically mowed, maintained areas. The route would only cross three jurisdictional areas.
Mapped soils vary along the corridor as well as portions contain existing road fill. The
surrounding land use is predominantly commercial along Market Street and residential from
Porters Neck Road to the Figure Eight Bridge.
Outfall Location: The project proposes to discharge the concentrate into the Atlantic Intracoastal
Waterway (ICW), at the mainside of the Waterway, immediately south of the Figure Eight
Bridge. The ICW in this area is classified as SA, which refers to waters that are suitable for
commercial shellfishing and other tidal saltwater uses. This area of the ICW has also received a
supplemental classification of Outstanding Resource Waters (ORW), which are unique or special
waters of exceptional state or national recreational or ecological significance which require
special protection to maintain existing uses. The average tidal range in the ICW near the Figure
Eight Bridge is 3.58 feet. The mean depth at the proposed discharge location is approximately
12 at low tide. Freshwater and coastal wetlands exist adjacent to the ICW and an Estuarine Area
of Concern (AEC) is located 575 feet landward of mean high water. Wetland vegetation consists
of Atlantic white cedar (Chamaecyparis thyoides), grounsel (Baccharis halimifolia), big-leaf
sumpweed (Iva frutescens), wax myrtle (Myrica cerifera), saltmeadow cordgrass (Spartina
patens), and saltmarsh cordgrass (Spartina alternaflora). According to the New Hanover County
Soil Survey, upland soils are mapped as Wakulla sand and wetland soils are identified as Tidal
Marsh. The portion of the ICW in the proposed discharge area is presently open for shellfishing.
The adjacent land use is residential with a nearby existing boat ramp and pier.
Applicant's Stated Purpose
The purpose of the project is to provide drinking water to residents of northern New Hanover
County.
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Project Description
The applicant has proposed to construct a new six million gallon per day (MGD) groundwater
treatment plant (WTP) and well field system in the northern part of New Hanover County.
Fifteen well sites (two wells at each location for total of 30 wells) would be used to draw water
from the Pee Dee and Castle Hayne aquifers. They are proposing two parallel raw water
transmission mains which would transmit raw water from the wells to the WTP. One main
would carry water from the Pee Dee aquifer while the other would transport the Castle Hayne
aquifer water. Since the proposed process of treating raw water to drinking water (Membrane
Technology) generates a backwash wastewater, the County is also applying for a National
Pollutant Discharge Elimination System (NPDES) permit to discharge up to two MGD of treated
membrane concentrate (wastewater) into the Atlantic Intracoastal Waterway. The proposed
project would permanently impact 1.937 acres of Section 404 wetlands and 1.108 acres of
Waters of the United States (Tulloch ditches) associated with the construction of the WTP and
development of the well field sites. In addition, the project would temporarily impact 0.55 acres
ofnon-riparian wetlands, 0.064 of coastal wetlands, and 0.18 acres of Section 10/Section 404
open waters for the purpose of installing the concentrate main utility line and the outfall
structure.
The applicant has also submitted an Alternatives Analysis. This information has been included
with this Public Notice. A State Environmental Policy Act (SEPA) Environmental Assessment
(EA) for this project was submitted to the North Carolina Department of Environment and
Natural Resources (NCDENR), Division of Environmental Health, which has issued a Finding of
No Significant Impact (FONSI). A copy of this EA is available for viewing at the U.S. Army
Corps of Engineers Wilmington Regulatory Field Office, 69 Darlington Avenue, Wilmington,
North Carolina.
The applicant has also submitted a mitigation proposal with their application that includes the
recordation of restrictive covenants on the remaining wetlands at each of the well sites,
approximately 25 acres ofnon-riparian wetlands. They also propose to restore 3.045 acres of
non-riparian wetlands within the WTP site.
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 the 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),
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1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Attention: Ms Cyndi Karoly by
November 24, 2006.
Coastal Area Management Act
The applicant has certified that the proposed work 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 is, by this notice, forwarding this certification to the
North Carolina Division of Coastal Management (NCDCM) and requesting its concurrence or
objection. Generally, the Corps will not issue a Department of the Army (DA) permit until 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 (ESA), that the
proposed project may affect federally listed endangered or threatened species or their formally
designated critical habitat. This includes the endangered red-cockaded woodpecker (Picoides
borealis) and rough-leaved loosestrife (Lysimachia asperulaefolia). In addition, this project may
also affect the Venus flytrap (Dionaea muscipula)], a Federal Species of Concern. Consultation
under Section 7 of the ESA will be initiated and no permit will be issued until the consultation
process is complete.
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 maybe 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
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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 Spm, December 8, 2006. Comments should be
submitted to Jennifer S. Frye, Post Office Box 1890, Wilmington, North Carolina, 28402-1890,
at [phone].
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