20061321 Ver 2_Public Notice_20070129

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Issue Date: 17 January 2007
Comment Deadline: 16 February 2007
Corps Action ID #: 200620198
The Wilmington District, Corps of Engineers (Corps) has received an application from
Joyce V. Lipscomb Canady seeking Department of the Army authorization to impact 135
linear feet of perennial stream channel associated with the construction of a road crossing
in Glen Laurel East Subdivision, east of Clayton, in~Johnston 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: Joyce V. Lipscomb Canady
328 E. Main Street
Clayton, North Carolina 27520
AGENT: Sean P. Hein
Blackburn Consulting Engineering
234 East Main Street ~ ~ ~~/,7
Clayton, North Carolina 27520 ~ _ ^ ~" ~ ~,ry,~ `~ R
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Authority i;~7taya~~p~»;~r '~ ;.::, :~~~~~u~tl
The Corps will evaluate this application ai~ci`a decide whether to issue; conditionally
issue, or deny the proposed work pursuant to applicable procedures Section 404 of the
Clean Water Act.
Location
The project site is located adjacent to the east side of the existing Glen Laurel
Subdivision, north of Vinson Rd, bordered to the north by the Neuse River, east of
Clayton, in Johnston County, North Carolina. The center coordinates of the site are
(latitude/longitude) 35.6363 / 78.3772.

Existing Site Conditions
The site indicated for the proposed Glen Laurel East subdivision is considered
undeveloped land adjacent to an existing subdivision /golf community. The site is
bordered to the north by the Neuse River, and an unnamed perennial tributary to the
Neuse River crosses the site with 135 linear feet proposed foi- culverting to accommodate
the expansion. The property consists of a combination of abandoned pasture and
woodland. Uplands on the site are underlain by non-hydric Pacolet loam and are
predominantly vegetated by loblolly pine (PinLCS taeda), sweetgum (LiquidanaUar
styraciflua) and wild grape (Vitas rotccndifolig). Wetlands on the site are vegetated by
loblolly pine, sweetgum, wild grape and Microstegium and are underlain by Pacolet
loam, as well.
Applicant's Stated Purpose
The purpose of the project is to expand the existing Glen Laurel Subdivision.
Project Description
The project would involve the perpendicular crossing of one perennial stream by an
internal subdivision road. This crossing would require the installation of 60-inch
reinforced concrete pipe. The applicant states that this crossing is necessary for upland
development of single family residential lots.
Mitigation Discussion
The applicant has proposed to utilize the North Carolina Ecosystem Enhancement
Program (NCEEP) to mitigate for unavoidable impacts to aquatic resources associated
with the culverting of 135 linear feet of warm water stream impacts within the Neuse
Basin.
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 fora 401 Water Quality Certification. A waiver will be deemed
to occur if the I~TCDWQ 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), 160 Mail
Service Center, Raleigh, North Carolina 27699-160 Attention: Ms Cyndi Karoly by
February 9, 2007.
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
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concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain
values (in accordance with Executive Order 1 1988), Iand 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 co~ninent period specified in this notice,
that a public hearing be held to consider tlZe 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, February 16, 2007.
Comments should be submitted to Mr. Thomas Brown, [phone], Ext. 22.
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