CESAM-RD-M August 24, 2017 PUBLIC NOTICE NO. SAM TMZ

Transcription

1 DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, MOBILE DISTRICT P.O. BOX 2288 MOBILE, ALABAMA CESAM-RD-M August 24, 2017 PUBLIC NOTICE NO. SAM TMZ JOINT PUBLIC NOTICE U.S. ARMY CORPS OF ENGINEERS AND MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL QUALITY OFFICE OF POLLUTION CONTROL AND MISSISSIPPI DEPARTMENT OF MARINE RESOURCES DMR REQUEST TO FILL WATERS OF THE UNITED STATES FOR DEVELOPMENT OF AN RV PARK, BILOXI, HARRISON COUNTY, MISSISSIPPI TO WHOM IT MAY CONCERN: This Distrit has reeived an appliation for a Department of the Army (DA) permit pursuant to Setion 404 of the Clean Water At (33 USC 1344). This publi notie is being distributed to all known interested persons to assist in developing fats on whih a deision by the U.S. Army Corps of Engineers (USACE) an be based. Please ommuniate this information to interested parties. APPLICANT: RW Development, LLC Attention: Mr. Brandon Wooldridge 1836 Beah Boulevard Biloxi, Mississippi AGENT: Eologial Asset Management, LLC Attention: Mr. Randy Ellis 724 Dunbar Avenue Bay St. Louis, Mississippi LOCATION OF WORK: The proposed projet is loated west of Veterans Avenue and north of CSX Railroad Line in Biloxi, Mississippi. The site is loated on approximately 18.5 ares, Latitude º North, Longitude º West, Setions 25 and 36, Township 7 South, Range 10 West, Biloxi, Harrison County, Mississippi. The area is depited on the Mississippi Biloxi Quadrangle, United States Geologial Survey Topographi Map, Mississippi Sound, Mississippi Coastal Drainage Basin, Hydrologi Unit Code WATERWAY: Mississippi Sound

2 CESAM-RD-M August 24, 2017 PUBLIC NOTICE NO. SAM TMZ PAGE 2 OF 5 PROJECT PURPOSE: The purpose of the projet is for the development of a Rereational Vehile (RV) Park. PROPOSED WORK: The proposed RV Park is loated on 18.5 ares, whih ontain approximately 5.96 ares of wetlands. The on-site wetlands to be impated onsist of approximately 5.69 ares of low quality bay head drain wetlands with avoidane of approximately 0.27 are wetlands. The proposed RV Park would ontain 169 ampsites. SITE HISTORY: SAM TMZ: Original Permit: The original projet site was approximately ares whih ontained approximately 7.1 ares of on-site wetlands. On June 11, 2007, the appliant obtained a DA permit for the onstrution of an apartment omplex. The appliant was authorized to fill 5.43 ares of low quality wetlands at the proposed site. Approximately 1.67 ares of on-site wetlands were to be avoided. As mitigation for impats to 5.43 ares of wetlands, the appliant was to purhase mitigation redits from a USACE Approved Mitigation Bank. The appliant purhased wetland mitigation redits from Wetlands Solutions, LLC, for the proposed wetland impats. None of the permitted work has been performed at the time of this request. MODIFICATION 1: The appliant stated that the City of Biloxi had proposed a roadway expansion projet for Veterans Avenue. The roadway projet would involve the widening of Veterans Avenue by 50 feet to allow for additional lanes of traffi and for underground storm drainage. The appliant would be required to transfer a 25-footwide strip of land along the western margin of Veterans Avenue to aommodate the expanded right-of-way. The loss of the 25-foot-wide strip of land along the length of the permitted development would result in the loss of 0.67 are of developable land for the apartment projet whih required a hange in the site plan and building onfiguration originally proposed. In order to maintain the integrity of the projet the appliant reonfigured the design plan and aquired additional land at the south and north ends of the projet site. After reonfiguration of the site due to the road widening the proposed projet would be loated on a are site whih ontained approximately 8.08 ares of forested wetlands. On Marh 6, 2009, the appliant obtained a DA Permit for the onstrution of a retail and residential apartment omplex. The appliant was authorized to fill 7.34 ares of forested palustrine wetlands for the retail and residential apartment omplex. As mitigation for impats to 7.34 ares of wetlands, the permittee was to purhase forested palustrine wetland restorations redits. September 29, 2008, the appliant purhased 3.8 wetland mitigation redits from Wetland Solutions, LLC, in addition to the wetland mitigation redits previously purhased for a total of mitigation redits. None of the permitted work has been performed at the time of this request.

3 CESAM-RD-M August 24, 2017 PUBLIC NOTICE NO. SAM TMZ PAGE 3 OF 5 MODIFICATION 2: RW Development, LLC., initiated the sale of 2.25 ares of the are parel to Mr. Lyman C. Bradford, Jr., Post 2434, Veterans of Foreign Wars (VFW) of the United States. With this sale the RW Development parel was redued to approximately 18.5 ares with 7.35 ares of on-site wetlands. On February 23, 2012, a modifiation was issued for SAM TMZ, reduing wetland impats for the projet to 6.61 ares, requiring the purhase of mitigation redits. (None of the permitted work has been performed at the time of this request.) SAM KMN: Mr. Lyman C. Bradford, Jr. of VFW, Post 2434, requested a permit to plae fill material into 0.44 are of forested wetlands on a 2.25-are site. The projet site was approximately 2.25 ares with approximately 0.73 are of on-site wetlands sold to the VFW by RW Development. The appliant proposed to onstrut a building and assoiated parking at the projet site. February 24, 2012, the proposed projet was verified (issued) under a Nationwide Permit 39 for work whih involved 0.44 are of wetland impats and required the purhase of 0.88 are of mitigation redits to offset impats to forested wetland habitat. Approximately ares of mitigation redits were purhased for the original permit for SAM TMZ. Modifiation Number 2 for SAM TMZ issued on February 23, 2012, redued wetland impats to the projet to 6.61 ares, requiring the purhase of mitigation redits. The projet has an additional 1.44 ares of mitigation redit remaining. The existing Mitigation Credit purhase ould still be onsidered valid and apply to the NWP under number SAM KMN, in addition to SAM TMZ Modifiation Number 2. Our offie reeived onfirmation the 0.88 wetland mitigation redits were transferred from permit SAM TMZ to SAM KMN. Leaving a remaining balane of wetland mitigation redits. The work under this projet has been ompleted. AVOIDANCE & MINIMIZATION: As part of their avoidane measures, the appliant evaluated ten additional off-site properties as possible loations for the proposed development. The appliant onsidered two additional on-site designs but they did not allow for enough amp sites to make the projet viable. The appliant s urrent design would avoid approximately 0.27 are of on-site wetland. During onstrution the appliant proposes minimization of wetland impats through use of best management praties to ensure that additional wetlands outside the projet footprint not be affeted. The USACE has not verified the adequay of the appliant s avoidane and minimization at this time. MITIGATION: The appliant has proposed to fill approximately 5.69 ares of low quality wetlands. The appliant previously purhased wetland mitigation redits. The appliant has requested that some of these previously purhased redits be onsidered for ompensation for potential wetland impats. The appliant proposes to mitigate for unavoidable impats to jurisditional wetlands through the purhase of mitigation redits from a wetlands mitigation bank approved by the USACE, Mobile Distrit. The USACE has not verified the adequay of this mitigation proposal at this time

4 CESAM-RD-M August 24, 2017 PUBLIC NOTICE NO. SAM TMZ PAGE 4 OF 5 WATER QUALITY: The appliant has applied for ertifiation from the State of Mississippi in aordane with Setion 401(a)(1) of the Clean Water At, and upon ompletion of the required advertising, a determination relative to ertifiation will be made by the Mississippi Department of Environmental Quality, Offie of Pollution Control. HISTORIC PROPERTIES: In aordane with Setion 106 of the National Histori Preservation At, and Appendix C of 33 CFR 325, the undertaking defined in this notie is being onsidered for the potential to effet ultural and histori properties within the permit area. In addition to the State Histori Preservation Offier, we are seeking omment from the Federally-reognized Amerian Indian tribes, loal historial soieties, museums, universities, the U.S. Department of the Interior, National Park Servie, Division of Arheologial Servies, and onerned itizens regarding the existene or the potential for existene of signifiant ultural and histori properties within the permit area. The National Register of Histori Plaes will be onsulted for properties listed in or eligible for the National Register whih are known to exist and would be affeted by the proposed work. ENDANGERED SPECIES: Preliminary review of this appliation and the U.S. Department of the Interior List of Endangered and Threatened Wildlife and Plants indiate that the proposed ativity will have no effet on any listed endangered or threatened speies. This determination is being oordinated with the U.S. Fish and Wildlife Servie (USFWS) via this Publi Notie. COMMENTS: This publi notie is being distributed to all known interested persons and serves to soliit omments from the publi, Federal, State, and loal agenies and offiials, Indian Tribes, and other interested parties, in order to assist in developing fats on whih a deision by the USACE an be based. Any omments reeived will be onsidered by the USACE to determine whether to issue, modify, ondition or deny a permit for this proposal. To make this deision, omments are used to assess impats on endangered speies, histori properties, water quality, general environmental effets, and the other publi interest fators listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impat Statement pursuant to the National Environmental Poliy At. Comments are also used to determine the need for a publi hearing and to determine the overall publi interest of the proposed ativity. Any person may request, in writing, within the omment period speified in this notie, that a publi hearing be held to onsider this appliation. Requests for publi hearings shall state with partiularity, the reasons for holding a publi hearing. For auray and ompleteness of the reord, all data in support of or in opposition to the proposed work should be submitted in writing setting forth suffiient detail to furnish a lear understanding of the reasons for support or opposition. The deision whether to issue a permit will be based on an evaluation of the probable impat, inluding umulative impats, of the proposed ativity on the publi interest. That deision will reflet the national onern for both protetion and utilization of important resoures. The benefit whih reasonably may be expeted to arue from the proposal must be balaned

5 CESAM-RD-M August 24, 2017 PUBLIC NOTICE NO. SAM TMZ PAGE 5 OF 5 against its reasonably foreseeable detriments. All fators whih may be relevant to the proposal will be onsidered, inluding the umulative effets thereof; among those are onservation, eonomis, aesthetis, general environmental onerns, wetlands, ultural values, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shoreline erosion and aretion, rereation, water supply and onservation, water quality, energy needs, safety, food prodution, and in general, the needs and welfare of the people. Correspondene onerning this notie should refer to Publi Notie Number SAM TMZ, and should be direted to the USACE, Regulatory Division, Mississippi Field Offie, Attention: Ms. Kaaren M. Neumann,1141 Bayview Avenue, Suite 104, Biloxi, Mississippi 39530, with a opy furnished to the Mississippi Department of Environmental Quality, Offie of Pollution Control, Environmental Permitting Division, Attention: Ms. Florane Watson, Post Offie Box 2261, Jakson, Mississippi 39225, and the Mississippi Department of Marine Resoures, Attention: Mr. Greg Christodoulou, 1141 Bayview Avenue, Suite 501, Biloxi, Mississippi Comments should be reeived no later than 30 days from the date of this Publi Notie. If you have any questions onerning this publiation, you may ontat the projet manager, Ms. Neumann, at (228) , or by at kaaren.m.neumann@usae.army.mil. Please refer to the above Publi Notie Number SAM TMZ. For additional information about our Regulatory Program, please visit our web site at MOBILE DISTRICT U.S. Army Corps of Engineers Enlosures

6 1 w{;- y d 'Qj -:?ferry Rd 9: 'Qo BrasMrRd Ri-hiitd Dr :!!!. UJ Btoo1e Rd.."' - p? 'fe;r)' Rd r C,I I :;o I Q. -v ; Bia Ridg"" f.!d - $' r. t-ernoyne,,, C' "<)!X. D'Iberville i;: {f Q:,j#ll?.d W<l''' mson Rd 1 ass Rd.- "';.- " ll>!:' E \ Cl ::!f' S.:>uthar Ave 32 0 g.j..,_s,"',/ lil!i:!l H1II:le / -- [' sters Bl..,d Fatoo R!la 1.:.-e,... r,i I ll:j u; ( ) Sa)'viei l e s Biloxi Q.Y 8.sik,,. Map Google, INEGI lf.riffil ' RW Development, LLC RV Park Veterans Avenue, Biloxi, Mississippi m Date Printed: Map Sale: 1:54168 Q

7 1111..,...,,.... _... Point - A Sik -.. i' iur... ' ".6I2\ \({;57 1: SAM TMZ RW Development. LLC RV Park Veterans Avenue. Biloxi. Mississippi m Date Printed: Map Sale: 1 :27084

8 ...,_,.( L [ I _-_i I :I ; A1. t ' I CD I CSX- Railroad _-_---1. _.A. Plots [Z'a WeUand Are j. 5, "'' eit} ::J Property Boundary ( a) -i [--.-J Harrison County Parels I I,_ Base Map: Harrison County Parels Soure: Harrison County, MS Map Date: June 5, I'--'---F''' m NORTH WETLAND DELINEATION.,. MAP EU>LOC.ilCAL C\Ass ET MANAG F.MENT. I. LC Wetland Delineation for +I 18.5 a. Trat Loation: Biloxi, MS Portion of Setion 25 & 36; Township-7-South; Range-10-West County: Harrison County, MS Figure 2: Loation of sample plots and wetlands on the Veterans Ave. Parel, Harrison County, MS.

9 I -,,,, ', _ f ',. Cross Setion l..datidn l'zzj Requested Areas to be Filled (+/ ) CJ H11rrlBDn County P11rels Purpose: Pennit Drawings Base Map: Client Provided survey & EAM Field Data Solute: Client Provided Drawings Map Date: June NORTH D Fttet PLAN VIEW & CROSS SECTION LOCATION MAP Biloxi RV Parle Permit for +/ a. Trat Appliant RW DeYelopment, LLC Loation: Biloxi, MS Portion of Setion 25 & 36; TGYnship... 7-South; Range-10-West County: Harrison County, MS Figure A-2. Plan View of the Biloxi RV Park property in Setion 25 & 36, T-7-S, R-10-W, Harrison County, MS

10 CROSS SECTION A - A' 5 5 'iq) 2! CD...JC 'C 'i 'C...J,5.s'.:j.s... $...J u i i5i ai5i A' A OJO!!:!O >< 8. r----e-e &.: &.: o..-g e-e-- 32 a.a. e - e- e-o a.o.. o a. a:: a. a:: a. a:: o " :+;; $ 28 -,,,,,,_..,_.., LL.s,27 Distane in Feet 5 CROSS SECTION B - B'. 8a> 2! 8u _JC 'C = 'C...JC: fj "O -g I al B' B -8. 5: Cl>O "' ><8. g, o a. & a. a:: a. a:: o ,,,,,,,..,_,,.,,,,,,_ rn G> iii ,, =-.=!=.:::: : r---j BO Distane in Feet Purpose: Permit Drawings Base Map: Client Provided Survey... & EAM Field Data Soure: Client Provided Drawings Map Date: June 6, 2017 Sale Varies NORTH CROSS SECTION MAP ECOLOGICAL AssET MANAGEMENT, LLC Biloxi RV Park Permit for +I a.trat Appliant: RW Development, LLC Loation: Biloxi, MS Portion of Setion 25 & 36; Township-7-South; Range-10-\Nest County: Harrison County, MS Figure A-3. Cross Setion View 1 of the Biloxi RV Park property in Setion 25 & 36, T-7-S, R-10-W, Harrison County, MS

11 D iii., J..,:::J 1ii :>. Et: CL 0 D.d: 'a "' :.!! "'(.) D-o CL Cll D.. 0:: CROSS SECTION C - C' "' :.l!! "Ḍ....o C-o a..., 00 Q: 0:: , '------i i? u. 28, , i- -' id 24 ml-=-=--==2;-. Re qu=-e&edarea 5 o BeFrned==:_:: :<!1 _, _ +l:. 2.97_a. (+/J29,3rJ..Sq.F.t).. :.!! "D o 0-a a. Cl1 Do d: o: u '.,:::J 1ii :>. Et:.. CL II 0 0 D.B: 'li C' BO Distane in Feet Purpose: Permit Drawings Base Map: Client Provided Survey & EAM Fleld Data Soun:e: Client Provided Drawings Map Date: June CROSS SECTION MAP Eu.>1.orn<.:Al. BJ/ox/ RV Park Pennie for +I a. Trat liant RW DeYelopmen LLC Loation: Biloxi, MS Portion of Setion 25 & 36; ASSET S ale varies MANA<"iM lint. I.LC To.vnship-7-South; Range--10-West County: Harrison Coonty, MS Figure A-4. Cross Setion View 2 of the Biloxi RV Park property in Setion 25 & 36, T-7-S, R-10-W, Harrison County, MS