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The Wilmington District, Corps of Engineers (Corps) received an application from Chris Bailey, Bailey and Fuller Properties, LLC seeking Department of the Army authorization to impact 1.01 acres of 404 wetlands, associated with construction of a commercial development located at 810 West Corbett Avenue (Hwy 24), Swansboro, Onslow County, North Carolina.

DISCLAIMER: Please download the attached PDF version of this notice for complete information, proper formatting, and inclusion of tables and figures.

PUBLIC NOTICE Issue Date: August 12, 2016 Comment Deadline: September 12, 2016 Corps Action ID Number: SAW-2008-02698 The Wilmington District, Corps of Engineers (Corps) received an application from Chris Bailey, Bailey and Fuller Properties, LLC seeking Department of the Army authorization to impact 1.01 acres of 404 wetlands, associated with construction of a commercial development located at 810 West Corbett Avenue (Hwy 24), Swansboro, Onslow 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: http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx Applicant: Chris Bailey Bailey & Fuller Properties, LLC 405D Western Boulevard., Jacksonville, North Carolina 28546 AGENT (if applicable): Dana Lutheran Southern Environmental Group, Inc 5315 South College Road, Suite E, Wilmington, North Carolina 28412

Authority The Corps evaluates this application and decides whether to issue, conditionally issue, or deny the proposed work pursuant to applicable procedures of the following Statutory Authorities: X - Section 404 of the Clean Water Act (33 U.S.C. 1344) - Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) - Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413) Location Directions to Site: The project area is located at 810 West Corbett Avenue (Hwy 24), Swansboro, Onslow County, NC. The project area is located on the north side of West Corbett Avenue directly across the street from McDonalds. Project Area (acres): 4.51 Nearest Town: Swansboro Nearest Waterway: Cartwheel Branch River Basin: White Oak Latitude and Longitude: 34.698035 N, -77.139209 W

Existing Site Conditions As stated in the application: Currently tracts A and B are wooded. Tract C has been cleared of smaller trees. Within the project area, there are approximately 1.04 acres of 404 jurisdictional wetlands. The wetland feature can be described as a hardwood depressional forest, with Nyssa sylvatica var biflora (black gum), Acer Rubrum (red maple), Ulmas americana (swampl elm), and Smilax, laurifolia (greenbriar) being the predominate species. The site is located within the White Oak River drainage basin.

Applicant’s Stated Purpose The applicants stated purpose is for commercial development of three parcels (approximately 4.51 acres), which will consist of three commercial buildings and associated infrastructure and parking.

Project Description The proposed project involves potential permanent fill impacts to 1.01 acres of 404 wetlands. The project involves removing hydric soil from the wetland feature to be impacted and replaced with clean earthen fill. Utilities such as electric, sewer, water and stormwater will be installed and then the area will be graded to the desired contour to support the construction of roads, parking and three commercial buildings.

Avoidance and Minimization The Agent provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment: Originally, the Applicant intended to access the property off West Main Street. Unfortunately, due to the heavy amount of vehicular traffic anticipated to be generated from the development, the Town of Swansboro requested the access road aligned with Phillips Loop Road, which is located south of US Hwy 24. With this design, impacts to wetlands are unavoidable. This requirement, in conjunction with providing adequate buildable area on Tracts A and B, pushes the easement to the western property boundary. A retaining wall has been incorporated into the deign plan, along the western boundary line. This measure reduced wetland impacts by 1200 square feet. During the construction process, best management practices will be utilized. Any temporary impact to wetlands, associated with the installation of the road or other development activities, will be restored to their pre-construction conditions. The applicant has provided an alternatives analysis. Please see the attached analysis for more information.

Compensatory Mitigation The Agent offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The Applicant intends to offset the loss of chemical, biological and physical processes, which will be removed as a result of the proposed fill of 1.01-acre of non-riparian wetland, by making payment to the Hofmann Forest Wetland Mitigation Bank, for 2.02-acre of non-riparian wetland restoration credit.

Essential Fish Habitat Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act, this Public Notice initiates the Essential Fish Habitat (EFH) consultation requirements. Because no resources are present within the project area, the Corps’ initial determination is that the proposed project would not effect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service.

CulturalResources Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that: - Should historic properties, or properties eligible for inclusion in the National Register, be present within the Corps’ permit area; the proposed activity requiring the DA permit (the undertaking) is a type of activity that will have no potential to cause an effect to an historic properties. X - No historic properties, nor properties eligible for inclusion in the National Register, are present within the Corps’ permit area; therefore, there will be no historic properties affected. The Corps subsequently requests concurrence from the SHPO (or THPO). - Properties ineligible for inclusion in the National Register are present within the Corps’ permit area; there will be no historic properties affected by the proposed work. The Corps subsequently requests concurrence from the SHPO (or THPO). - Historic properties, or properties eligible for inclusion in the National Register, are present within the Corps’ permit area; however, the undertaking will have no adverse effect on these historic properties. The Corps subsequently requests concurrence from the SHPO (or THPO). - Historic properties, or properties eligible for inclusion in the National Register, are present within the Corps’ permit area; moreover, the undertaking may have an adverse effect on these historic properties. The Corps subsequently initiates consultation with the SHPO (or THPO). - The proposed work takes place in an area known to have the potential for the presence of prehistoric and historic cultural resources; however, the area has not been formally surveyed for the presence of cultural resources. No sites eligible for inclusion in the National Register of Historic Places are known to be present in the vicinity of the proposed work. Additional work may be necessary to identify and assess any historic or prehistoric resources that may be present. The District Engineer’s final eligibility and effect determination will be based upon coordination with the SHPO and/or THPO, as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the Corps-indentified permit area. Endangered Species Pursuant to the Endangered Species Act of 1973, the Corps reviewed the project area, examined all information provided by the applicant and consulted the latest North Carolina Natural Heritage Database. Based on available information: X - The Corps determines that the proposed project would not affect federally listed endangered or threatened species or their formally designated critical habitat. - The Corps determines that the proposed project may affect federally listed endangered or threatened species or their formally designated critical habitat. The Corps initiates consultation under Section 7 of the ESA and will not make a permit decision until the consultation process is complete. - The Corps is not aware of the presence of 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. The Corps will make a final determination on the effects of the proposed project 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.

Other Required Authorizations The Corps forwards this notice and all applicable application materials to the appropriate State agencies for review. North Carolina Division of Water Resources (NCDWR): The Corps will generally not make a final permit decision until the NCDWR issues, denies, or waives the state Certification as 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 NCDWR Central Office in Raleigh constitutes initial receipt of an application for a 401 Certification. A waiver will be deemed to occur if the NCDWR fails to act on this request for certification within sixty days of receipt of a complete application. Additional information regarding the 401 Certification may be reviewed at the NCDWR Central Office, 401 and Buffer Permitting Unit, 512 North Salisbury Street, Raleigh, North Carolina 27604-2260. All persons desiring to make comments regarding the application for a 401 Certification should do so, in writing, by September 12, 2016 to: NCDWR Central Office Attention: Ms. Karen Higgins, 401 and Buffer Permitting Unit (USPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699-1617 Or, (physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604

North Carolina Division of Coastal Management (NCDCM): - The application did not include a certification that the proposed work 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 cannot issue a Department of Army (DA) permit for the proposed work until the applicant submits such a certification to the Corps and the NCDCM, and the NCDCM notifies the Corps that it concurs with the applicant’s consistency certification. As the application did not include the consistency certification, the Corps will request, upon receipt,, concurrence or objection from the NCDCM. X - Based upon all available information, the Corps determines that this application for a Department of Army (DA) permit does not involve an activity which would affect the coastal zone, which is defined by the Coastal Zone Management (CZM) Act (16 U.S.C. § 1453).

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 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 consolidated 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. The Corps of Engineers, Wilmington District will receive written comments pertinent to the proposed work, as outlined above, until 5pm, September 12, 2016. Comments should be submitted to Brennan Dooley, Wilmington Regulatory Field Office, 69 Darlington Avenue, Wilmington, North Carolina 28403 , at (910) 251-4694. DISCLAIMER: Please download the attached PDF version of this notice for complete information, proper formatting, and inclusion of tables and figures.

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