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: December 16, 2015
Comment Deadline: January 15, 2016
Corps Action ID Number: SAW-2015-01741
The Wilmington District, Corps of Engineers (Corps) received an application from CRP- New Bern, LLC
seeking Department of the Army authorization to impact and fill 0.42 acres of isolated wetlands,
0.84 acres of Jurisdictional 404 wetlands and 483 linear feet of Relatively Permanent Waters (RPW)
in the Town of New Bern, Craven 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:
CRP-New Bern, LLC
Attn: Mr. W. Jenkins Williamson Jr.
1845 St. Julian Place
Columbia, South Carolina 29204
AGENT (if applicable):
Ms. Kim Williams
Land Management Group, Inc.
3805 Wrightsville Ave. Suite 15
Wilmington, North Carolina 28403
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: From Washington, take US Highway 17 South and 43 South toward New Bern. Turn
right onto S. Glenburnie Road. The project site is located at the intersection of Glenburnie Road
and MLK Jr. Blvd (see vicinity map on page 2 of attached PDF version of this PN)
Project Area (acres): 39 acres Nearest Town: Town of New Bern Nearest
Waterway: Wilsons Creek River Basin: Neuse River
Latitude and Longitude: 35.09575 N, -77.10118 W
Existing Site Conditions
The majority of the 34.99 acre site is currently developed and contains several retail stores
located off of US Highway 17. There are also several former residential structures located off of
Trent Road that have become dilapidated and uninhabited in the project area. The forested 404
wetland areas are mapped as Rains and Goldsboro soils and are
primarily vegetated with loblolly Pine (Pinus taeda), sweetgum (Liquidambar
styraciflua), red maple (Acer rubrum), and green ash (Fraxinus pennsylvanica) with a shrub layer
composed of Chinese privet (Ligustrum sinense). There are also some open field areas on the tract
that are classified as uplands and are mapped as Autryville and Goldsboro soils. These areas are
vegetated with loblolly pine, sweetgum, magnolia (Magnolia grandiflora), and tulip poplar
(Liriodendron tuilipifera) with a developing layer of Chinese privet, yaupon (Ilex vomitoria) and
horse sugar (Symplocos tinctoria).
Applicant’s Stated Purpose
The applicant’s project purpose is to provide a 300,000 square foot commercial and retail
development to serve the City of New Bern and the surrounding community.
Project Description
CRP-New Bern, LLC proposes to develop the 34.99 acre site into a commercial/retail center at the
intersection of Trent Road, Glenburnie Road and MLK Jr. Blvd in New Bern, North Carolina that will
contain approximately 300,000 square feet of commercial/retail space plus (3) outparcels. The total
proposed impacts are to 0.84 acres of 404 wetlands, 0.42 acres of isolated basin wetlands and 483
linear feet of Relatively Permanent Waters (RPW). The project area is located within the Neuse
River Basin. (see project layout including wetland locations and RPW location on page 3 of attached PDF version of this PN)
Avoidance and Minimization
An extensive alternatives analysis was performed and reviewed for this project. This included the
evaluation of a no action alternative; off-site alternatives; on-site alternative site layouts, and
the preferred alternative. Many alternatives were identified and evaluated through the scoping and
pre-application process, and further detailed descriptions of all alternatives may be reviewed in
the application and associated information prepared by the applicant’s consultant.
Essential Fish Habitat
Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act, this Public Notice
initiates the Essential Fish Habitat (EFH) consultation requirements. 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
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, not likely to adversely 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 January 15, 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):
X - 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.
- 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, January 15, 2016. Comments should be submitted to Gary Beecher,
Washington Regulatory Field Office, 2407 West Fifth Street, Washington, North Carolina 27889, at (910) 251-4629.
DISCLAIMER: Please download the attached PDF version of this notice for complete information, proper formatting, and inclusion of tables and figures.