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HomeMy WebLinkAbout20001195 Ver 17_USACE More Info Requested_20200417DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 151 PATTON AVENUE ROOM 208 ASHEVILLE, NORTH CAROLINA 28801-5006 April 17, 2020 Regulatory Division Action ID: SAW-2018-01071 Mr. Brent Cagle City of Charlotte — Aviation Department 5601 Wilkinson Blvd. Charlotte, North Carolina 28208 Dear Mr. Cagle: Please reference the application for an Individual Department of the Army Permit submitted on your behalf on February 3, 2020 by Mrs. Kelly Thames of HDR, Inc. to discharge fill material into 12,480 linear feet of stream and 5.89 acre of wetlands for the expansion of the Charlotte Douglas International Airport (CLT). The project would involve increasing airfield capacity to meet expected demand over the next 13 years, enhancements to terminal gate and ramp capacity to reduce delays, and enhancements to the efficiency and operational safety of the airport taxiway system. The project area is composed of approximately 4,652 acres of land and is located at 5501 Josh Birmingham Parkway in Charlotte, North Carolina The project was advertised by public notice on February 18, 2020. Comments in response to the notice were received from the National Marine Fisheries Service, the North Carolina Wildlife Resources Commission, the North Carolina Department of Natural and Cultural Resources, and the North Carolina Division of Water Resources. These comments are enclosed for your information. Please provide a detailed written response to each of the comments. In addition to conducting a public interest review which balances the reasonably expected benefits against the reasonably foreseeable detriments, all Clean Water Act Section 404 permits must meet guidelines for the specification of disposal sites for dredged or fill material under CWA Section 404(b)(1). These comments are being submitted pursuant to the Clean Water Act Section 404(b)(1) guidelines (40 CFR 230). We have completed our initial review of the application and determined that the following additional information is necessary to expeditiously complete our permit decision: -2- 1. The proposed storm water detention basins appear to be heavily engineered and involve mass grading of mature riparian areas and the construction of large berms and roadways. Please explain in detail why it is not practicable to design a less intrusive inline detention system with smaller access roads and grading and filling at the culvert location only. This would allow for flooding of upstream riparian areas in their current state during storm events. If a less intrusive design cannot be achieved, additional justification for inline treatment will be required and compensatory mitigation may be required for indirect impacts to these tributaries. 2. Please submit a plan for long term monitoring of all waters subject to inline detention. The information requested above is essential to the expeditious processing of the application, please submit one consolidated response to all comments by June 16, 2020. This information is required pursuant to 33 CFR 325 Appendix B and 40 CFR 1506.5. If you do not submit this information within the given timeframe, the application will be administratively withdrawn. Withdrawal of the application does not preclude you from reopening the application at a later time, provided you submit the required information. If you have any questions regarding these matters, please contact me at (704) 510- 1437 or David. L. Shaeffer(oD usace. army. m il. Sincerely, Digitally signed by SHAEFFER.DAVID.LEIGH.121 3 2 D Date: Date: 2020.04.17 12:57:26 -04'00' David L. Shaeffer Project Manager Charlotte Field Office Enclosures cc (via email): NC Division of Water Resources sue. homewood(@ncdenr.gov North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Office of Archives and History Governor Roy Cooper Secretary Susi H. Hamilton Deputy Secretary Kevin Cherry April 15, 2020 David L. Shaeffer . US Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 david X shaeffer@a usa� ce,army-1. RE: Phased ACOE Permits to Include Future Projects Through 2033, Charlotte Douglas International Airport, SAW-2018-0107, Charlotte, Mecklenburg County, ER 19-54.49 Dear Mr. Shaeffer: We are in receipt of the above -referenced Public Notice dated February 18, 2020 and apologize for our delayed reply. Having reviewed the submittal, we provide the following comments. According to the Public Notice, the US Army Corps of Engineers is asking that we concur in its finding that 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. Given that the WPA Hanger (MK3761, determined eligible and a locally -designated Historic Landmark) is within the permit area and the permit covers the construction of projects through 2033, it is difficult to concur that there will be no adverse effects on the historic hangar or on other properties that may become eligible during the life of the permit. We are, however, willing to concur with the finding, if the following conditions are included in the permit. o As required by Section 402 of the CWA, Erosion and Sedimentation Control Plans and Stormwater Pollution Prevention Plans (SWPPP) for each individual element (i.e. NEAT or SCF) will be submitted to the North Carolina Department of Environmental Quality (NCDEQ) Division of Energy, Mineral, and Land Resources (NCDEMLR), and the North Carolina State Historic Preservation Office for approval. o Land disturbance cannot commence without the above approvals or without either a FONSI or ROD issued by the FAA. Plus: o 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. However, based on recommendations from the North Carolina State Historic Preservation Office, additional work may be required to identify and assess any historic or prehistoric resources that nnay be present. Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 The above comments are offered in accord with Section 106 of the Historic Preservation Act and the regulations of the Advisory Council on Historic Preservation at 36 CFR 800. We recognize that in this action the US Army Corps is following. its guidance on the treatment of historic properties. Regretting the delay in our comments, we look forward to any feedback or questions you may have. You may reach me at 919-814-6579 or at renee.gledhill-earley ncdcr.gov. Sincerely, VAA�)�kjW Renee Gledhill -Earley Environmental Review Coordinator cc: Tommy Dupree, FAA /Memphis tomtny.dugree(kfaa.go_v 9 North Carolina Wildlife Resources Commission 9 Gordon Myers, Executive Director MEMORANDUM TO: Davide Shaeffer U.S. Army Corps of Engineers FROM: Olivia Munzer, Western Piedmont Coordinator Habitat Conservation 0-� DATE: 17 March 2020 SUBJECT: Public Notice for the Charlotte Douglas International Airport Expansion Individual Permit, Charlotte, Mecklenburg County, North Carolina. USACE Action ID: SAW-2018-001071; DEQ No. 20191585. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject document. Comments are provided in accordance with provisions of the Clean Water Act of 1977 (as amended) and Fish and Wildlife Coordination Act Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). On behalf of the City of Charlotte -Aviation Department, HDR has submitted an Individual Permit application for the Charlotte Douglas International Airport (CLT) Expansion Project in Charlotte, Mecklenburg County, North Carolina. CLT proposes to permanently impact 12,480 linear feet (If) of jurisdictional streams and 5.89 acres of wetlands, and temporarily impact 7841f of streams. Projects that would impact waters of the U.S. include a deicing pad and south crossfield taxiway; road realignments; stormwater in -line detention basins in Ticer Branch and Coffey Creek; North End Around Taxiway; airport overlook relocation; private access drive; a parallel runway and associated taxiway enhancement; and south ramp expansion. We have no known current records of the federal or state rare, threatened, or endangered species at or adjacent to the airport. Although we have no known current records of federally or state -listed rare, threatened, or endangered species within or adjacent to the site, the lack of records from the project area does not imply or confirm the absence of state -listed species. An on -site survey is the only definitive means to determine if the proposed project would impact state -listed rare, threatened, or endangered species. We hesitate to agree with the amount of proposed impacts to the streams and wetlands. We have the following recommendations for minimization and/or avoidance of impacts. 1. It is unclear as to why Duke Energy requires an exclusive driveway. The proposed impact is 207 If. The size of the impacts seems unnecessary for a small access road; please state the reason for such a large culvert and why the existing culverts are not used. Figure 6-2 of the Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Page 2 17 March 2020 CLT IP Public Notice USACE Action ID: SAW-2018-01071 Environmental Assessment (EA) shows an existing 54-foot 48" RCP already occurs near the proposed crossing, and another culvert occurs upstream of the proposed stream crossing near the proposed Private Access Drive. 2. We recommend the Old Dowd Road is relocated along Sears Road and then crosses the railroad tracks further to the west in order to avoid impacts to waters of the U.S. If the road cannot be relocated, we recommend reducing the length of the culvert to the greatest extent possible. 3. Stream 25 is rated High according to NCSAM. The NCWRC prefers stream daylighting. Rather than piping the stream, we suggest relocating the stream channel around the Deicing Pad using natural channel design methods, if feasible. Stream daylighting can reduce the risk of flooding, restore water quality and aquatic habitat, and reduce future costs associated with repairing aging pipes. 4. With the information provided, we prefer the detention basins are off-line, especially since the streams are rated High according to NCSAM. It is unclear on the effectiveness of these in -line detention areas during higher flood events (i.e., 100-year flood) and the potential for increased sedimentation, erosion, and water quality of the streams; the frequency and intensity of flood events continue to increase with urbanization and climate change. The EA indicates that stormwater quality treatment areas would be in upland areas; please depict these on the figures as well as current stormwater detention areas. It seems that the current stormwater detention areas could be expanded, or off-line detention areas could be constructed in the forested areas near the streams. 5. We do not recommend burying RCBCs if slopes of culverts are greater than 2% due to concerns of headcutting. Should the permit be issued, we offer the applicant the additional general recommendations to minimize impacts to aquatic and terrestrial wildlife resources. 1. Maintain a minimum 100-foot undisturbed, native, forested buffer along perennial streams, and a minimum 50-foot buffer along intermittent streams and wetlands. Maintaining undisturbed, forested buffers along these areas will minimize impacts to aquatic and terrestrial wildlife resources, water quality, and aquatic habitat both within and downstream of the project area. Also, wide riparian buffers are helpful in maintaining stability of stream banks and for treatment of pollutants associated with urban stormwater. 2. Due to the decline in bat populations, avoid tree clearing activities during the maternity roosting season for bats (May 15 — August 15). 3. Disturbed areas should be re -seeded with native seed mixtures. Avoid lespedeza and fescue -based mixtures, which are nonnative and/or invasive. Native, annual small grains appropriate for the season are preferred and recommended. 4. The use of biodegradable and wildlife -friendly sediment and erosion control devices is strongly recommended. Silt fencing, fiber rolls and/or other products should have loose - weave netting that is made of natural fiber materials with movable joints between the vertical and horizontal twines. Silt fencing that has been reinforced with plastic or metal mesh should be avoided as it impedes the movement of terrestrial wildlife species. These measures should be routinely inspected and properly maintained. Excessive silt and sediment loads can have numerous detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species. Page 3 17 March 2020 CLT IP Public Notice USACE Action ID: SAW-2018-01071 Thank you for the opportunity to provide input for this project. If I can provide further assistance or provide free technical guidance, please call (919) 707-0364 or email olivia.munzer2ncwildlife.org. ec: Alan Johnson, N.C. Division of Water Resources (NCDWR) Todd Bowers, Environmental Protection Agency Byron Hamstead, U.S. Fish and Wildlife Service Sue Homewood, NCDWR Kelly Thames, HDR Roy COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality March 6, 2020 DWR # 20001195 Ver 17 Mecklenburg County City of Charlotte —Aviation Department Attn: Mr. Brent Cagle 5601 Wilkinson Blvd Charlotte NC 28208 Subject: REQUEST FOR ADDITIONAL INFORMATION CLT Airport Expansion Dear Mr. Cagle: On February 7, 2020, the Division of Water Resources — Water Quality Programs (Division) received your application dated January 29, 2020, requesting a 401 Individual Water Quality Certification from the Division for your project. The Division has determined that your application is incomplete and cannot be processed. The application is on -hold until all of the following information is received: 1. If the U.S. Army Corps of Engineers requests a response to any comments received as a result of the Public Notice, please provide the Division with a copy of your response to the USACE. [15A NCAC 02H .0502(c)] 2. On Appendix A- Figure 8, please explain why the road cannot be aligned to further minimize the impacts to the stream by using the existing culvert location. 3. The application notes that Duke Energy has requested an exclusive access road. Please provide further justification that explains why exclusive access is necessary. 4. On Appendix A— Figure 11 it is noted that impacts are proposed to Stream 10 for removing connectivity (jurisdiction) to downstream impacted areas. The Division believes the same would be true for Wetland W6. Please update the plans to include impacts to Wetland W6 in Phase 1 rather than Phase 2. 5. Please provide information regarding alternative alignment of the relocated waterline. It appears that there may be alternative alignments which would minimize impacts. Please also explain the need for the significant width of the corridor as it appears that this width increases the impacts beyond what is typically require for utility installation. Q North Carolina Department of Environmental Quality I Division of water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH OAROa.INA � 919.707.9000 City of Charlotte —Aviation Department DWR Project #20001195 Ver 17 Request for Additional Information Page 2 of 3 6. On Appendix A— Figure 12, Impact area TS3-1: Please provide site specific drawings indicating how these features are to be impacted during construction activities and how they are to be restored upon construction completion. The typical dewatering specifications provided with the application for stream crossings are not sufficient for parallel impacts. Please also describe how downstream water quality will be protected during construction activities when a stream is parallel within the project corridor. Please provide site -specific restoration details for this location. The Division is specifically concerned with any proposal to restore the channel to pre - construction location when the channel is parallel with the utility line and within a location where long term maintenance activities are likely to have permanent impacts to the channel. [15A NCAC 02H .0506(b)(2)] 7. On Appendix A— Figure 14, please explain why the waterline alignment cannot be within, or closer to, the road shoulder as shown further down Old Dowd Rd. 8. While burial of culverts is typically required by the regulatory agencies, given the relatively steep slope (2.5%) of the some of the proposed culverts, we are concerned that the streams at these locations would be subject to headcutting above the proposed culverts due to the proposed 1' invert burial. Please re-evaluated each location and provide revised plans that do not include culvert burial (beyond that necessary for low flow passage), or otherwise address the concern for headcutting, for any culverts proposed to be installed at steep grades. 9. Please provide additional information regarding the necessity of providing stormwater detention with an "online" detention area. Please include an overall plan of the airport's current stormwater control measures, a conceptual plan for all future proposed stormwater treatment control measures, and a detailed analysis that clearly explains why stormwater detention cannot be practically achieved in uplands. Please include analyses which include the use of multiple smaller devices, underground devices, or other alternative stormwater measures. Please evaluate each project area separately. Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested information for the proper consideration of the application. Please respond in writing within 30 calendar days of receipt of this letter by sending one (1) copy of all of the above requested information to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 OR by submitting all of the above requested information through this link: https://edocs.deg.nc.gov/Forms/Supplemental-Information-Form (note the DWR# requested on the link is referenced above). City of Charlotte —Aviation Department DWR Project #20001195 Ver 17 Request for Additional Information Page 3 of 3 If all of the requested information is not received within 30 calendar days of receipt of this letter, the Division will be unable to approve the application and it will be denied as incomplete. The denial of this project will necessitate reapplication to the Division for approval, including a complete application package and the appropriate fee. Please be aware that you have no authorization under the Water Quality Certification Rules for this activity and any work done within waters of the state may be a violation of North Carolina General Statutes and Administrative Code. Please contact Sue Homewood at 336-776-9693 or Sue.Homewood@ncdenr.gov if you have any questions or concerns. Sincerely, DocuSigned by: Pa" W��e 949D91BA53EF4E0... Paul Wojoski, Supervisor 401 & Buffer Permitting Branch cc: Kelly Thames, HDR (via email) David Shaeffer, USACE Charlotte Regulatory Field Office (via email) Olivia Munzer, NCWRC (via email) Byron Hamstead, USFS (via email) DWR MRO 401 files DWR 401 & Buffer Permitting Unit (UNITED STATES DEPARTMENT OF COMMERCE 041'"A I OF National Oceanic and Atmospheric Administration 4� }� NATIONAL MARINE FISHERIES SERVICE Southeast Regional Office 263 13th Avenue South St. Petersburg, Florida 33701-5505 https:llwww.fisheries. noaa.govlregioniso utheast (Sent via Electronic Mail) February 19, 2020 Colonel Robert J. Clark, Commander USACE Wilmington District 69 Darlington Avenue Wilmington, North Carolina 28403-1398 Dear Colonel Clark: NOAA's National Marine Fisheries Service (NMFS) reviewed the projects described in the public notices listed below. Based on the information in the public notices, the proposed projects would NOT occur in the vicinity of essential fish habitat (EFH) designated by the South Atlantic Fishery Management Council, Mid -Atlantic Fishery Management Council, or the NMFS. Present staffing levels preclude further analysis of the proposed work and no further action is planned. This position is neither supportive of nor in opposition to authorization of the proposed work. Notice No. Applicant(s) Notice Date SAW-2018-01073 NCDOT; US 158 Gates February 18, 2020 County SAW-2018-01071 City of Charlotte Aviation February 18, 2020 Department Please note these comments do not satisfy consultation responsibilities under section 7 of the Endangered Species Act of 1973, as amended. If an activity "may effect" listed species or critical habitat under the purview of the NMFS, please initiate consultation with the Protected Resources Division at the letterhead address. for Sincerely, Virginia M. Fay Assistant Regional Administrator Habitat Conservation Division