J O I N T P U B L I C N O T I C E

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1 J O I N T P U B L I C N O T I C E CHARLESTON DISTRICT, CORPS OF ENGINEERS 69A Hagood Avenue Charleston, South Carolina and THE S.C. DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL Office of Environmental Quality Control Water Quality Certification and Wetlands Programs Section 26 Bull Street Columbia, South Carolina 2921 REGULATORY DIVISION May 23, 214 Refer to: P/N # Pursuant to Sections 41 and 44 of the Clean Water Act (33 U.S.C. 1344), and the South Carolina Coastal Zone Management Act ( et.seq.) an application has been submitted to the Department of the Army and the S.C. Department of Health and Environmental Control by Joint Applicants SC NORTH CHARLESTON UPTOWN, LLC. C/O LENN JEWEL 4975 CENTRE POINTE DRIVE NORTH CHARLESTON, SC CITY OF NORTH CHARLESTON KEITH SUMMY, MAYOR 25 CITY HALL LANE NORTH CHARLESTON, SC for a permit to place fill material in freshater etlands adjacent to FILBIN CREEK at a location near the intersection of Centre Pointe Boulevard and International Boulevard in North Charleston, Charleston County, South Carolina. (Latitude , Longitude ) In order to give all interested parties an opportunity to express their vies N O T I C E is hereby given that ritten statements regarding the proposed ork ill be received by the Corps and SCDHEC until 3 DAYS FROM THE DATE OF THIS NOTICE

2 from those interested in the activity and hose interests may be affected by the proposed ork. COMMENTS PREVIOUSLY RECEIVED FOR NOTICES UNDER P/N # FOR PROJECTS AT THIS LOCATION WILL NOT BE CONSIDERED. The proposed ork consists of placing 38,134 cubic yards of fill material in acres of etlands and clearing 4.55 acres of etlands associated ith construction of a mixed-use ton center including roads and infrastructure, a transit facility, retail shops, restaurants, municipal office space, commercial facilities, residential housing, and a sports field. Additionally, the project includes modifying an existing eir structure and installing a subsurface flo etland filtration system. As mitigation for the proposed impacts to aquatic resources, the applicant proposes to purchase mitigation credits from a Corps-approved mitigation bank. The applicant proposes to preserve another 8.98 acres of on-site etlands under restrictive covenants and acres off-site along Filbin Creek. In addition, the applicant has proposed the establishment of a 51(c) organization intended to foster ater quality improvements in Filbin Creek ith an initial contribution of $4, and an additional $5M in funding coming from Tax Increment Financing (TIF). According to the applicant, the purpose of the proposed ork is to improve ater quality in Filbin Creek as ell as construct a ton center for the city of North Charleston. NOTE: Plans depicting the ork described in this notice are available and ill be provided, upon receipt of a ritten request, to anyone that is interested in obtaining a copy of the plans for the specific project. The request must identify the project of interest by public notice number and a self-addressed stamped envelope must also be provided for mailing the draings to you. Your request for draings should be addressed to the U.S. Army Corps of Engineers ATTN: REGULATORY DIVISION 69A Hagood Avenue Charleston, South Carolina The District Engineer has concluded that the discharges associated ith this project, both direct and indirect, should be revieed by the South Carolina Department of Health and Environmental Control in accordance ith provisions of Section 41 of the Clean Water Act. As such, this notice constitutes a request, on behalf of the applicant, for certification that this project ill comply ith applicable effluent limitations and ater quality standards. The ork shon on this application must also be certified as consistent ith applicable provisions of the Coastal Zone Management Program (15 CFR 93). The District Engineer ill not process this application to a conclusion until such certifications are received. The applicant is hereby advised that supplemental information may be required by the State to facilitate the revie. This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. Implementation of the proposed project ould impact acres of freshater etlands upstream of estuarine substrates and emergent etlands utilized by various life stages of species comprising the red drum, shrimp, and snapper-grouper management complexes. Our initial determination is that the proposed action ould not have a substantial individual or cumulative adverse impact on EFH or fisheries managed by the South Atlantic Fishery Management Council and the National Marine Fisheries Service (NMFS). Our final determination relative to project impacts and the need for mitigation measures is subject to revie by and coordination ith the NMFS.

3 Pursuant to Section 7(c) of the Endangered Species Act of 1973 (as amended), the District Engineer has consulted the most recently available information and has determined that the project is not likely to adversely affect any Federally endangered, threatened, or proposed species or result in the destruction or adverse modification of designated or proposed critical habitat. This public notice serves as a request for ritten concurrence from the U.S. Fish and Wildlife Service and/or the National Marine Fisheries Service on this determination. Pursuant to Section 16 of the National Historic Preservation Act (NHPA), this public notice also constitutes a request to Indian Tribes to notify the District Engineer of any historic properties of religious and cultural significance to them that may be affected by the proposed undertaking. In accordance ith the NHPA, the District Engineer has also consulted the latest published version of the National Register of Historic Places for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein, and this orksite is not included as a registered property or property listed as being eligible for inclusion in the Register. To insure that other cultural resources that the District Engineer is not aare of are not overlooked, this public notice also serves as a request to the State Historic Preservation Office to provide any information it may have ith regard to historic and cultural resources. Any person may request, in riting, ithin the comment period specified in this notice, that a public hearing be held to consider this application. Requests for a public hearing shall state, ith particularity, the reasons for holding a public hearing. The decision hether to issue a permit ill be based on an evaluation of the probable impact including cumulative impacts of the activity on the public interest and ill include application of the guidelines promulgated by the Administrator, Environmental Protection Agency (EPA), under authority of Section 44(b) of the Clean Water Act and, as appropriate, the criteria established under authority of Section 12 of the Marine Protection, Research and Sanctuaries Act of 1972, as amended. That decision ill reflect the national concern for both protection and utilization of important resources. The benefit hich reasonably may be expected to accrue from the project must be balanced against its reasonably foreseeable detriments. All factors hich may be relevant to the project ill be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, etlands, historic properties, fish and ildlife values, flood hazards, flood plain values, land use, navigation, shoreline erosion and accretion, recreation, ater supply and conservation, ater quality, energy needs, safety, food and fiber production and, in general, the needs and elfare of the people. A permit ill be granted unless the District Engineer determines that it ould be contrary to the public interest. In cases of conflicting property rights, the Corps of Engineers cannot undertake to adjudicate rival claims. The Corps of Engineers is soliciting comments from the public; Federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this activity. Any comments received ill be considered by the Corps of Engineers to determine hether to issue, modify, condition or deny a permit for this project. To make this decision, comments are used to assess impacts on endangered species, historic properties, ater quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public

4 interest of the activity. If there are any questions concerning this public notice, please contact Shan Boone at or toll free at

5 DAVIS FLOYD Job No Scale= 1 :3, 1 in= 2,5 ft September 213 '...- :~.

6

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8 LEGEND D JURISDICTIONAL WETLAND Q UPLAND SCALE: 1"=4' 27.7 ACRE JURISDICTIONAL WETLAND D~ Sl'n..;.. P.O. BOX ""'5...eenng CHARLESTON, sc Architecture MJ FL DEnviromnental k Laboratory Services EXISTING CONDffiONS IMPROVEMENT AREA FIG-3 NORTH CHARLESTON, SC sht. 3 ot 13

9 LEGEND JURISDICTIONAL [] WETlAND []. UPLAND SCAI. : 1"=4' 58. ACRE JURISDICTIONAL WETLAND D~Is v.,.,;., P.O. BOX ""&...eenng CHARLES1N, sc Architecture FL DEnvironmental &: Laboratory Services SC N. CHARLESTON UPTOWN, LLC EXISTING CONDmONS IMPROVEMENT AREA NORTH CHARLESTON, SC Sht. 4 of

10 LEGEND JURISDICTIONAL [] WETLAND r:::::::1 UPLAND ~ 34.1 ACRE JURISDICTIONAL WErLAND UPLAND (lyp.) D~ Sp..,n., P.O. BOX eenng CHARLESTON, sc Architecture EXISTING CONDmONS IMPROVEMENT AREA DEnvironmental k Laboratory Services FL

11 LEGEND D UPLAND WITHIN PROJECT AREA ~ Flll [] UNDISTURBED JURISDICnONAL WETLAND WETLANDS CLEARED BY HAND TOTAL Fill: AC INCUIESl III.UIGS, -. PEIESlRWI 11/fJS TOTAL BRIDGE (IWII QEMID):.27 AC TOTAL HAND CLFARED: 4.28 AC TOTAL UPLAND: 5.69 AC TOTAL PROJECT AREA: AC D~ SP...ln P.O. BOX ""'DLL'eermg CHARlESTON, sc 2941 g Architecture FL DEnvironment.al &Laboratory Services MASTER PLAN DEVELOPMENT NORTH CHARLESTON, SC Sht. 6 of

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14 WETLAND BOUNDARY ~ LOW FLOW THROUGH WETLAND D~s ll.urln P.O. BOX Architecture MJ-S FL UUfi...eerJJII CfiAR!.fSTON, sc DEnvtronmental &Laboratory Services _ _._ -= ----= ~.: FLOW THROUGH WETLANDS of 13

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16 i.e r--- :: [jj ;:: (.!) ::z Ul x J ~ - z 1 u; (f)...; -:.r :z (f) (f) :::: :::: 3: Cl :z ::> :: (.!) i.e (.!) :z > ~ Ul :: x [jj ;:: ffi Cl Li: Ci ::::ie D~S!Dgin eermg. CHARI. STON,,... sc '"'' Architecture S6 2 FL DEnvironmental &: Laboratory Services -oc -oc -oc -oc -oc --= Oner sc N. CHARLESTON UPTOWN, LLC Draing Title PROPOSED WEIR MODIFICATIONS Sketch Reference REFERENCE: DRAWING Project Title UPTOWN AT CENTRE POINTE Project Location NORTH CHARLESTON, sc Date SEPT 213 Job No FIG-11 Sht.11of 13

17 D~S P...l...,.,.;n., P.O. BOX lfilllv-""''i CHARlESJllH, SC 29<419 Architecture DEnmonmental &: Laboratory Services FL --.,ICe~ ICe..-.. ICe-.. ~ ICe~ SC N. CHARLESTON UPTOWN, LLC ADJACENT PROPERlY OWNERS Sketch Reference UPTOWN AT CENlRE POINTE Project Location Date SEPT 213 Job No FIG-12 NORTH CHARLESTON, SC Sht. 12 ot 13