20090080 Ver 2_Public Notice_20090729

Dennison, Laurie
From: Barnes, Kyle
Sent: Wednesday, July 29, 2009 4:42 PM
To: Dennison, Laurie
Subject: RE: US Army Corps of Engineers Public Notice
Yep. I will hopefully get to the letter tomorrow.
From: Dennison, Laurie
Sent: Wednesday, July 29, 2009 3:50 PM
To: Barnes, Kyle
Subject: RE: US Army Corps of Engineers Public Notice
I guess we get to ask for fee again, huh? L
From: Barnes, Kyle
Sent: Wednesday, July 29, 2009 3:50 PM
To: Dennison, Laurie
Subject: RE: US Army Corps of Engineers Public Notice
I just found out that the Corp retired the original permit request and is now running a new IP because modifications to
the original increased the impacts and they wanted the review agencies to see the new info. I need to retire our
application and send a letter of withdrawal to the applicant. This will be fun.
From: Dennison, Laurie
Sent: Wednesday, July 29, 2009 3:44 PM
To: Barnes, Kyle
Subject: FW: US Army Corps of Engineers Public Notice
Kyle N
I already show this in the system as 09-0080 (Pamlico #12 Tract) with an earlier PN. The comment period ended on that
5/18/09.
How come a new one has been issued? Do you know anything?
Laurie Dennison
401 Oversight and Express Permits Unit
Wetlands & Stormwater Branch
NCDENR - Division of Water Quality
Main Line: [phone]
Website: http://h20.enr.state. nc. us/ncwetlands
Note updated email address: Iaurie.j.dennisonCalncdenr.gov
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
From: Barnett, Sharon L SAW [[e-mail]]
Sent: Wednesday, July 29, 2009 3:18 PM
Subject: US Army Corps of Engineers Public Notice
1
ORM ID: SAW 2009-01409
Applicant:
Spring Creek Timber Company, LLC
Attention: Mr. Ken Williams
3313 Highway 70 East
New Bern, North Carolina 28560
Post Date: July 29, 2009
Expiration Date: August 13, 2009
The Wilmington District, Corps of Engineers (Corps) has received an application from Spring Creek Timber
Company, LLC seeking Department of the Army authorization to impact 3.79 acres of jurisdictional wetlands
associated with construction of two access roads for two hunting cabins to be built on the property in Pamlico
County, North Carolina. The property is a 2,318 acre tract located east of NCSR 1327 south of the community
of Florence southeast of Bayboro, adjacent to Spring Creek, Long Creek, Swan Creek, and Broad Creek in
Pamlico County, North Carolina ( 35.131730 N, -76.597051 E).
1 1
1 ? . 1 i
US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: 29 July 2009
Comment Deadline: 13 August 2009
Corps Action ID #:SAW-2009-01409
The Wilmington District, Corps of Engineers (Corps) has received an application from
Spring Creek Timber Company, LLC seeking Department of the Army authorization
to impact 3.79 acres of jurisdictional wetlands associated with construction of two
access roads for two hunting cabins to be built on the property in Pamlico 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: Spring Creek Timber Company, LLC
Attention: Mr. Ken Williams
3313 Highway 70 East
New Bern, North Carolina 28560
AGENT (if applicable): Land Management Group
Attention: Ms. Ashley Futral
Post Office Box 2522
Wilmington, North Carolina 28402
Authority
The Corps will evaluate this application and a decide whether to issue, conditionally
issue, or deny the proposed work pursuant to applicable procedures pursuant to Section
404 of the Clean Water Act (33 U.S.C. 1344).
Location
The property is a 2,318 acre tract located east of NCSR 1327 south of the community of
Florence southeast of Bayboro, adjacent to Spring Creek, Long Creek, Swan Creek, and
Broad Creek in Pamlico County, North Carolina ( 35.131730 N, -76.597051 E).
Version 12/12/05
Existing Site Conditions
The site is currently undeveloped except for a logging road that was constructed on the
site in 2006. Large portions of the tract are in timber production. Most of the tract is
comprised of jurisdictional wetlands. Surrounding land use includes pine plantations and
undeveloped property. The property is bordered to the northeast by Spring Creek and
Long Creek and to the south and east by Swan Creek and Broad Creek. The property is
used for hunting.
Applicant's Stated Purpose
The applicant proposes to impact 3.79 acres of jurisdictional wetlands to construct access
roads for two hunting cabins to be built on the property.
Project Description
The applicant proposes to construct two hunting cabins on pilings on two upland islands
near Spring Creek. One of the cabins would be accessed using an existing logging road
and the other would require construction of a new access road. Because the existing
logging road was constructed as an exempt activity, the change of use requires that the
impacts be permitted. Construction of the access roads would result in the permanent loss
of 3.79 acres of jurisdictional wetlands.
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 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), 1650 Mail
Service Center, Raleigh, North Carolina 27699-1650 Attention: Ms Cyndi Karoly by 13
August 2009.
Version 12/12/05
The applicant has not provided to the Corps, a certification statement that his/her
proposed activity 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 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.
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
concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain
values (in accordance with Executive Order 11988), land use, navigation, shoreline
Version 12/12/05
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 5pm, 13 August 2009. Comments
should be submitted to Tracey Wheeler, U.S. Army Corps of Engineers, Post Office Box
1000, Washington, North Carolina, 27889 [phone].
Version 12/12/05

3 ky5] l { x 'rim

{ _ ? 4--ate : .. 1

y = f s
,kra ?? t d-
+ Jy 4 t
i fat y# t •{.
TY
- r rti
'Z 3
1 1
a?-s( .,r 4s?c?•li iv?'? _. __ ..,?y,4 •i?ihu ,?, F fi--'+ -'r??4
tee, .j1
1 _?? r' tw? .: *I? a 1 ?' t? 1 [.,.? 3f .i• `} j ? ? ?. i^' ,?[.t'.?1ry C?
AIM
?T' 1 1
act-
elpep-
t.'?• ,f" -may i`t?.."' - .,r-`
-EN
1 "fit` •"?. r ,?`
z., L
i
i t, -
q q{
gap
pp _tSUL? 1
4 J F't? - Tgy ,
16
F4?4gt y. rr 'fir
i 111 t
} -?'?'1•tir-E[7•t'C' 9??f
L ail t "? t fi`ii77? lr?i k
?? , r 41
., :. 1tr?4 fS? ? ,? -•-? -Y. .. ? , ht?j tn??rT-3?•E"
P E
s .
NC Atlas & Gazetter, 2003, pages 67 & 79
mages are approximate and not meant to be absolute.
All survey data provided by. Project: Date: Revision Data:
Carolina Engineers 12130!08 1!2912009
PO Drawer 1576 T Pamlico #12
New Bem, NC 28563 LM Appllcant scale: .lo Number.
252.633.2424 LAND MANAGEMENT GROUP Ac. Spring Creek Timber Co, LLC 1?4 mile o1-04-344
Environmental Consultants
Post Office Box 2522 T7tle: Drawn Br• Figure:
Wllminnton, North Carolina 28402 ARF

i?

a
y
3
G
N
0 V
V ?
(0
N
O
N
0N2
(gyp U D
O O G
? 01
C fV C
W 9
a
E
m

N 3
O N
d' d
V
N NO
O fp
O y ?
D. ? c
'o
CL
a ?
E
r v
c
m
w

g
y
m U
?pp
3
F ?
a Ea 6:
I
i
6 fr I
x
za
If E
e
fi
E
404 Wetlands
Coastal Wetland Line
(Bagged by David Moye?-'?C{
Coastal Welland Une
(flagged by Paul Farley) Uplands
glands
404 Wetlands
iWe9and Impact (Existing Road and
additional Impacts)
2.89 acres
44 feet wide Qncluding roadside awales)
Id)
awales) _
404 Wetlands
ills. are .ppexl- and - m..ni ie n..mame.
NI survey data Provided by: C DPlsnds
Catalina Engineers
PO Drawer 1578
New Bem. NC 28583 ® 484 W.Iland Bnpacls
252 633 2424 tyOPOsed and IASUnq)
LMG PamUcOe12 2nwae y„
LAND MANAGEAIENI'GEOUP ixP ADP8can1: e.r« re Bum v.
Fnvlydmnurtdl [on4nhdnn spring Creek Timber Co. LLC ?'10tl .1-4
PO7MOBoa 2522 Title: Downey: Phve
Zone 1
?`•., ??t?r s
Zone 1 impact
Zone 2 impact
Zone 2
Zone 1 ?-
Uplands
®404 Wetland Impacts
- Neuse Buffer Zone 1
-0 08 acres
L - _ Neuse Buffer Zone 2
- -0 16 acres
Images are approximate and not meant to be absolute.
All survey data provided by:
Carolina Engineers
PO Drawer 1578
New Bern, NC 28563
252.633.2424
LMG
LAND MANAGE1v1ENT GROUP Luc
Environmental CanSVItan is
Post Office Box 2522
Wilmington, North Carolina 28402

? 30 60 120
Project: Date: Revision Date:
12/30/08 72/2009
Pamlico #12
Applicant: soele: Job Number.
Spring Creek Timber Co, LLC 1 =200• 01.04.344
title: Drawn By: Figure:
Neuse Buffer and ARF r
AEC Location Map

Q 0,
w 4
m >W

J w
'-t
Y w
w w
U U
?
0
Z m
E
Y a-
ww

i

At-At•.82 S
.9.9 I .P,S
ff
N

?i
gN
W

q N
e 3

F
E

g