PUBLIC NOTICE
Issue Date: February 4, 2013
Comment Deadline: March 4, 2013
Corps Action ID #: SAW-2010-01947
The Wilmington District, Corps of Engineers (Corps) received an application from John
Koenig, Inc. seeking Department of the Army authorization for a discharge of dredged and/or
fill material into waters of the United States associated with constructing access and
infrastructure for the final phases of Williamsburg Plantation residential subdivision located
west of Gum Branch Road, to the southwest of and between Western Boulevard and
Williamsburg Parkway, in Jacksonville, 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/PublicNotices.aspx.
Applicant: John Koenig, Inc.
John Koenig, Inc.
Attn: Mr. John Koenig
235 Green Street
Fayetteville, North Carolina 28301
Agent (if applicable): Wetland Solutions, LLC
Wetland Solutions, LLC
Attn: Mr. Samuel A. Carter
Post Office Box 244
Bunnlevel, North Carolina 28323
Authority
The Corps will evaluate this application and decide whether to issue, conditionally issue, or
deny the proposed work pursuant to applicable procedures of Section 404 of the Clean Water
Act (33 U.S.C. 1344).
Background
Four previous permit verifications exist for the Williamsburg Plantation subdivision. On June
17, 1999, the Corps verified the use of Nationwide Permit (NWP) 26 under Corps Action ID #
SAW-1999-01103 for permanent impacts to 0.239 acre of wetlands for the infrastructure of the
Hyde Park phase; no compensatory mitigation was required for this project. On October 29,
2003, the Corps verified the use of NWP 39 under Corps Action ID # SAW-2002-00602 for
permanent impacts to 0.497 acre of wetlands for the infrastructure of the Regency Park phase,
with the requirement to purchase 0.994 acre of wetland credits from the North Carolina
Wetlands Restoration Program, as well as preserve remaining wetlands on several lots within
Regency Park. On January 17, 2006, the Corps verified the use of NWP 18 under Corps Action
ID # SAW-2006-00272 for permanent impacts to 0.02 acre of wetlands for the infrastructure of
the Kensington Park phase; no compensatory mitigation was required for this project. Lastly,
on August 10, 2007, the Corps verified the use of NWP 29 under Corps Action ID # SAW-
2006-00272 for permanent impacts to 0.0983 acre of wetlands and 86 linear feet of stream for
additional infrastructure of the Kensington Park phase and access to the Emerson Park phase,
with the requirement to purchase 0.0983 acre of wetland credits and 86 linear feet of stream
credits from the North Carolina Ecosystem Enhancement Program, as well as preserve
remaining wetlands within the Kensington and Emerson Park phases.
Cumulative impacts to Waters of the U.S. for the Williamsburg Plantation single and complete
project following all permit actions described above total 0.854 acre of wetlands and 86 linear
feet of stream. Cumulative compensatory mitigation requirements total the purchase of 1.09
acres of wetland and 86 linear feet of stream credits from in-lieu fee programs and the
preservation of remaining wetlands within three subdivision phases. Given that the current
proposed impacts to Waters of the U.S., in combination with impacts permitted in earlier
phases, exceed the Nationwide Permit threshold, the current proposal to further expand
Williamsburg Plantation is subject to Individual Permit review.
Previously verified Nationwide Permits can be found with the Public Notice on the District Website
at http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram/PublicNotices.aspx.
Location
The proposed project area is 1,253 acres of undeveloped land southwest of the Williamsburg
Plantation residential subdivision, located west of Gum Branch Road, to the southwest of and
between Western Boulevard and Williamsburg Parkway, in Jacksonville, Onslow County,
North Carolina (34.78335° N -77.45603° W). The proposed project is located in wetlands and
other waters adjacent to unnamed tributaries (UTs) to the New River, which drain into the New
River, a Traditionally Navigable Waterway.
Existing Site Conditions
The proposed project area is located within the Coastal Plain Ecoregion, in the White Oak
River sub-basin, USGS 8-digit hydrologic unit 03030001. The site has been historically
utilized for timber and agriculture production and contains stands of loblolly pine from 5 to
fifty years of age, and deciduous forest in the same range of maturity. Two Progress Energy
transmission line easements, one 150-foot and one 300-foot wide, run through the western and
northern portions of the property, respectively. Based on the North Carolina Wetland
Assessment Methodology (NCWAM), wetlands on the Williamsburg Plantation property
include a mosaic of Riverine Swamp Forest and Bottomland Hardwood Forest in floodplain
areas of the New River and unnamed tributaries (UTs), Headwater Forest in smaller stream
valleys and topographic drainages higher in the landscape, and Pine Flat and Hardwood Flat
systems in inter-stream divide areas of low topographic relief. Jurisdictional streams on the
property include the New River, a Traditionally Navigable Water, and nine UTs, all of which
are Relatively Permanent Waters. Several drainage ditches also exists throughout the property,
some of which are considered Waters of the U.S.
The New River and its UTs all carry the NC Division of Water Quality (NCDWQ) best usage
classification of “C NSW”; “C” refers to those waters protected for secondary recreation,
fishing, wildlife, fish consumption, aquatic life including propagation, survival, and
maintenance of biological integrity, agriculture and other uses, whereas “NSW” is a
supplemental classification intended for waters needing additional nutrient management due to
being subject to excessive growth of microscopic or macroscopic vegetation. The New River
within the project area is on the 303d list of impaired waterbodies due to mercury in fish tissue;
the US Environmental Protection Agency lists the cause of the mercury impairment as
unknown. There are no designated Outstanding Resource Waters (ORW), High Quality Waters
(HQW), Water Supply I (WS-I), or Water Supply (WS-II) waters within 1.0 mile of the project
area.
The property is bordered to the southwest by the New River, to the southeast by a UT to New
River, to the northeast by existing section of Williamsburg Plantation subdivision including
Regency Park, Hyde Park, Emerson Park, and Saint James Park, and to the northwest by
undeveloped Progress Energy Carolinas property and the Lauradale subdivision. The majority
of the surrounding site area to the south and west is undeveloped and covered by a combination
of riverine swamp forest and managed timber land. The surrounding site area to the north and
east contains developed residential neighborhoods.
Elevation in the immediate vicinity of the site ranges from approximately 33 feet above mean
sea level (MSL) in the northernmost extent of the property to 0 feet MSL along the New River.
Wetland Solutions, LLC, consultant for John Koenig, Inc., conducted a jurisdictional
delineation for the proposed site in 2012. The jurisdictional boundaries were verified by the
Corps and surveyed and mapped by a registered land surveyor; a Jurisdictional Determination
(JD) was approved on October 29, 2012 (USACE ID No. SAW-2010-01947).
Applicant’s Stated Purpose
The purpose of this project is to construct a residential subdivision.
Project Description
The applicant has proposed to discharge fill material into an additional 0.628 acre of riparian, nonriverine wetlands and 820 linear feet of streams to complete the final phases of the Williamsburg
Plantation residential subdivision. No temporary impacts are proposed. The proposed impacts to
Waters of the U.S. are the result of 16 road crossings, intended to provide access to proposed
upland facilities including single family homes, multi-family housing, and associated infrastructure
such as utilities and amenities. Project plans and a narrative are available on the District Website at
http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram/PublicNotices.aspx.
Table 1. Existing and Proposed Permanent Waters of the U.S. Impacts Table
| Impact |
Wetland Impacts (acre) |
Stream Impacts (linear feet) |
| Verified under NWP 26, Action ID:
SAW-1999-01103, 6/17/1999
|
0.239 |
|
| Verified under NWP 39, Action ID:
SAW-2002-00602, 10/29/2003
|
0.497 |
|
| Verified under NWP 18, Action ID:
SAW-2006-00272, 1/17/2006
|
0.02 |
|
| Verified under NWP 29, Action ID:
SAW-2006-00272, 8/10/2007
|
0.0983 |
86 |
| Previously Permitted Total |
0.854 |
86 |
Impacts Currently Proposed
| Impact |
Wetland Impacts (acre) |
Stream Impacts (linear feet) |
| A |
0.045 |
|
| B |
0.019 |
|
| C |
0.014 |
35 |
| D |
0.053 |
96 |
| E |
0.019 |
29 |
| F |
|
125 |
| G |
|
85 |
| H |
0.039 |
|
| I |
|
149 |
| J |
0.043 |
|
| K |
0.051 |
65 |
| L |
0.019 |
|
| M |
0.028 |
90 |
| N |
0.257 |
146 |
| O |
0.018 |
|
| P |
0.024 |
|
| Proposed Total |
0.628 |
820 |
| Subdivision Total (Previous & Proposed) |
1.482 |
906 |
The applicant submitted an Alternatives Analysis that includes a No Build and Off-site Alternative.
This information has been included with this Public Notice as well.
Supplemental documentation and plans can be found on the District Website at
http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram/PublicNotices.aspx.
Avoidance and Minimization Information
Avoidance and minimization efforts for previously permitted sections of Williamsburg
Plantations were documented via the Nationwide Permit process.
For the current proposed impacts, the applicant has stated that proposed road crossings over
Waters of the U.S. were limited to the narrowest crossing footprint where possible. Further, the
applicant notes that proposed impacts to the New River floodplain, a North Carolina Natural
Heritage Program (NCNHP) Significant Natural Heritage Area, were avoided, and lots were
designed to avoid wetlands (i.e. wetlands in subdivision common area). Also, headwalls are
proposed on crossings to minimize impacts to Waters of the U.S.
Compensatory Mitigation
The applicant proposes to mitigate for permanent wetland and stream losses through 1)
preserving all wetlands not proposed for impact through the subdivision Restrictive Covenants,
and 2) purchasing riparian wetland and stream credits at a 1:1 ratio from the Bachelors Delight
Mitigation Bank, located approximately 4 miles north of the project area.
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 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 Certification and
Oversight, 1650 Mail Service Center, Raleigh, North Carolina 27699-1650. 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:
Mr. Ian McMillan by February 25, 2013.
Coastal Zone Management
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 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 following description of work is adapted from the applicant’s proposal (included with this
Public Notice). Archaeological Consultants of the Carolinas, Inc. (ACC) conducted a Phase I
Archeological Survey of a State Historic Preservation Office (SHPO) approved Scope of Work
totaling approximately 314 acres of the project area. Results of the investigation were detailed
in a 2012 “Archaeological Survey of Portions of the Proposed Williamsburg Plantation
Extension Tracts, Onslow County, North Carolina” prepared by ACC, and available as
supplemental documentation on the District Website at
http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram/PublicNotices.aspx.
ACC identified 26 archaeological resources, including 11 archeological sites and 15 isolated
finds, during the study. Of the resources found, one site of archaeological significance (Site
31ON1833) was identified as National Register of Historic Places (NRHP)
Potentially Eligible/Un-assessed adjacent to the New River floodplain. This site is located at the extreme southwestern corner of the property, measures 7.76 acres, and is not planned for residential
development due to its location and elevations near the 100-year floodplain. Site 31ON1833
will be placed in permanent preservation in order to prevent any disturbance or further
mitigation measures as recommended in the archaeological assessment. According to the
applicant, the SHPO was provided a copy of the report, and their review and concurrence is
pending.
Endangered Species
Wetland Solutions, LLC conducted a pedestrian assessment of potential habitat for federally
protected terrestrial plant and animal species over a period ranging from January through June
2011 pursuant to the Endangered Species Act of 1973. Results of the protected species
assessment were documented in a December 13, 2012 “Biological Assessment, Williamsburg
Plantation Subdivision”, available as supplemental documentation on the District Website at
http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram/PublicNotices.aspx.
Fifteen federally protected species are known to occur within the eight subject Counties, these
include the American alligator (
Alligator mississippiensis), Atlantic sturgeon (
Acipenser
oxyrinchus oxyrinchus), shortnose sturgeon (Acipenser brevirostrum), loggerhead sea turtle
), shortnose sturgeon (), loggerhead sea turtle(
Caretta caretta), green sea turtle (
Chelonia mydas), leatherback sea turtle (
Dermochelys
coriacea), West Indian manatee (Trichechus manatus), piping plover (Charadrius melodus),
), West Indian manatee (), piping plover (),
red-cockaded woodpecker (Picoides borealis), seabeach amaranth (Amaranthus pumilus),
golden sedge (
Carex lutea), Hirst’s panic grass (
Dichanthelium hirstii), pondberry (
Lindera
melissifolia), rough-leaf loosestrife (Lysimachia asperulaefolia), and Cooley's meadowrue
), rough-leaf loosestrife (), and Cooley's meadowrue
(Thalictrum cooleyi).
The applicant states a Biological Determination of “No Effect” for fourteen of the species
above, with no determination made for Hirst’s panic grass, a candidate species. According to
the applicant, the U.S. Fish and Wildlife Service (USFWS) was provided a copy of the report,
and their review and concurrence is pending. The District Engineer, based on available
information, is not aware that the proposed activities requiring DA authorization will affect any
species, or their critical habitat, designated as endangered or threatened pursuant to the
Endangered Species Act of 1973.
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 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.
A copy of this Public Notice and all pertinent plans and specifications can be found at:
http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram/PublicNotices.aspx or by
contacting the Wilmington Regulatory Field Office at (910) 251-4633.
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, March 4, 2013. Comments should be
submitted to David E. Bailey, Wilmington Regulatory Field Office, 69 Darlington Avenue,
Wilmington, North Carolina, 28403, telephone (910) 251-4469.