20080915 Ver 2_Public Notice_20100514

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As you requested, you are hereby notified that Wilmington District, United States Army Corps of Engineers
has issued a Public Notice. The text of this document can be found on the Public Notices portion of the
Regulatory Division Home Page. Each Public Notice is available in ADOBE ACROBAT (.pdo format for
viewing, printing or download at http://www.saw.usace.a.rmy.mil/wetlands/notices/current notices.litm1. As
with anything you download from the internet, be sure to check for viruses prior to opening. The current
notice involves:
PUBLIC NOTICE
ISSUE DATE: May 14, 2010
COMMENT DEADLINE: June 14, 2010
CORPS ACTION ID#: SAW-2008-2753
PROJECT DESCRIPTION: The Wilmington District, Corps of Engineers (Corps) has
received an application from Duke Energy Carolinas, LLC seeking Department of the
Army authorization to impact 0.02 acre of wetlands and 748 linear feet of stream
channel associated with the construction of a stability berm on the downstream side of
the existing Linville Dam on Lake James in Burke County, North Carolina.
POC: Amanda Jones, telephone [phone] extension 231
Expiration Date: 5:00 p.m., June 14, 2010
https://mail.nc.gov/owa/?ae=Item&a=Preview&t=IPM.Note&id=RgAAAACChSeOTRSC... 5/17/2010
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''''' PUBLIC NOTICE
US Army Corps
Of Engineers
Wilmington District
Issue Date: May 14, 2010
Comment Deadline: June 14, 2010
Corps Action ID #: SAW-2008-2753
The Wilmington District, Corps of Engineers (Corps) has received an application from Duke
Energy Carolinas, LLC seeking Department of the Army authorization to impact 0.02 acre of
wetlands and 748 linear feet of stream channel associated with the construction of a stability
berm on the downstream side of the existing Linville Dam on Lake James in Burke 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 www.saw.usace.army.mil/wetlands.
Applicant: Duke Energy Carolinas, LLC
Mr. Jonathan Wise
5657 Rays Dairy Avenue
Morganton, North Carolina 28655
AGENT (if applicable): HDR/DTA
Mr. James McRacken
400 S. Tryon Street WC2401
Charlotte, North Carolina 28285
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).,
Location
The proposed project known as the Linville Embankment Seismic Stability Improvements
(ESSI) is located on Lake James, near North Powerhouse Road, near Morganton, in Burke
County, North Carolina (35.74238°N, 81.83567°W). The site contains wetlands and stream
channels with indicators of ordinary high water marks that are tributaries to the Catawba River.
The Catawba River ultimately flows to the Atlantic Ocean through the Santee-Cooper River
system in South Carolina.
Existing Site Conditions
The Bridgewater Hydroelectric Development is owned and operated by Duke Energy and is
located approximately eight miles west of Morganton, North Carolina, in Burke County. The
Lake James reservoir was formed by the damming of three watercourses: the Catawba River by
the Catawba Dam; Paddy Creek by Paddy Creek Dam; and the Linville River by Linville Dam.
This project is associated with the ESSI of the Linville Dam on the Linville River.
The impoundment of Lake James, an approximately 6,400-acre lake with approximately 150
miles of wooded shoreline, has changed the local topography and hydrology. Additionally,
many of the surrounding hillsides have been cleared within the recent past and are regenerating
as pine stands. Furthermore, many of the valley sections outside the project area have been
largely converted to nursery plots for woody ornamental tree stock or are utilized for rural
residential purposes.
The topography of the project area is comprised of strongly sloping to very steep uplands with
narrow, level floodplains along streams and wide, nearly level flood plains and gently sloping to
strongly sloping stream terraces along the Catawba River. The normal pool elevation for
Lake James is approximately 1,200 feet mean sea level (MSL). The approximate elevation at the
bottom of the Linville Dam is 1,062 feet MSL, indicating an approximate drop in elevation of
13 8 feet.
There are two offsite areas that are being studied for potential borrow to be used for the
construction of the Linville Dam ESSI berm. These areas are the Paddy Creek Dam ESSI Tract
and the Borrow Area 3. The Paddy Creek Dam ESSI Tract is made up of approximately 136-
acres of disturbed and undisturbed land. This tract was largely used for borrow for the
construction of the Paddy Creek Dam ESSI berm and for the location of work/support trailers
and material lay-down. There were several areas of potential borrow soil that was not utilized
during the Paddy Creek ESSI and the Bridgewater Powerhouse construction. These undisturbed
borrow areas are slated to be used for the construction of the Linville Dam ESSI Project.
The second parcel to be utilized for soil borrow to construct the Linville Dam ESSI Project berm
is the Borrow Area 3 tract. This tract is made up of approximately 280-acres of disturbed and
undisturbed land and is located approximately 1.8 miles down Powerhouse Road, southeast of
the Linville Dam. Borrow material from this tract will have to be trucked to the Linville Dam
ESSI Project via Powerhouse Road.
The Linville Dam is an earthen embankment with grass covering the downstream slope. The
pavement along the crest is an asphalt two-lane secondary road (S.R. 1233/Upper Powerhouse
Road) maintained by the North Carolina Department of Transportation (NCDOT). Rip rap
protects a majority of the upstream slope with the freeboard covered with rip rap to approximate
elevation (EL) 1,200 transitioning to grass approximately 10 feet above full pond elevation. At
the base of the downstream side of the Linville dam there is the existing Bridgewater
powerhouse, new Bridgewater powerhouse, switchyard, and support buildings.
2
Much of the approximately 40-acre Linville Dam ESSI Project area and associated borrow and
support areas are located within the Catawba River Basin have been modified and do not present
the types of natural communities to be expected had the area and associated habitats have been
left undisturbed.
The major natural communities found on the Linville Dam ESSI Project are stream riparian and
hillside upland habitats. The stream riparian areas and the wetlands are typically composed of
the following: tulip poplar (Liriodendron tulipifera); red maple (Acer rubrum); river birch
(Betula nigra); American sycamore (Platanus occidentalis); red mulberry (Morus rubra);
mockernut hickory (Carya tomentosa); and sweetgum (Liquidambar styraciflua).
Corresponding understory species are ironwood (Carpinus caroliniana); American holly (Ilex
opaca); silky dogwood (Cornus amomum); alder (Alnus serrulata); and Chinese privet
(Ligustrum sinense). Other common plants included giant cane (Arundinaria gigantea),
browntop (Microstegium vimineum), Japanese honeysuckle (Lonicera japonica), soft rush
(Juncus effusus), bog rush (Juncus biflorus), dotted smartweed (Polygonum punctatum), shallow
sedge (Carex lurida), netted chainfern (Woodwardia areolata) and yellow violet (Viola
pubescens var. pubescens).
In the adjacent hillside uplands, the habitat consists of a mix of white pine (Pinus strobus),
Virginia pine (Pinus virginiana), tulip poplar, sweetgum, and red maple. Other canopy species
present were black cherry (Prunus serotina), American beech (Fagus grandifolia), river birch,
and northern red oak (Quercus rubra). Understory trees and shrubs include ironwood, Chinese
privet, eastern hemlock (Tsuga canadensis), flowering dogwood (Cornus florida), American
holly, red cedar (Juniperus virginiana), and rhododendron (Rhododendron maximum). The
common herbaceous species observed include Japanese honeysuckle, Christmas fern
(Polystichum acrostichoides), giant cane, violets (Viola sp.) and blackberry (Rubus sp.).
During the field assessments, jurisdictional waters of the U.S., including wetlands, within the
Linville ESSI Project and Borrow Tract 3 boundaries, were delineated. The areas considered
jurisdictional wetlands were delineated using the 1987 Corps of Engineers Wetland Delineation
Manual (Environmental Laboratory, 1987). The wetlands found within the Linville Dam ESSI
Project and Borrow Tract 3 boundaries were classified using the U.S. Fish and Wildlife's
(USFWS) wetland classification system. Jurisdictional stream and wetland boundaries were
flagged by HDRIDTA personnel and located by professional land surveyor for a jurisdictional
determination from the U.S. Army Corps of Engineers (USACE) Action ID 2008-2753, dated
December 15, 2008.
During this assessment, four main drainage features which are made up of jurisdictional creek
and wetland habitats were observed and documented within the subject properties. A description
and size of each of the drainage within the ESSI project boundaries is provided below and in
Table 1.
TABLE 1 - JURISDICTIONAL WATERS WITHIN THE LINVILLE DAM ESSI
PROJECT AREA*

Drainage Name
Stream Order(s) Total Stream
Length
linear feet Wetland

Type(s) Total
Wetland
Area acres
Linville River to Bride Fourth or above 1,279 NA NA
Linville River Tributary 1 Second 333 PEM 0.02
Linville River Tributary 2 First 444 NA NA
Borrow Area Tributary 1 First and Second 4,403 PFO 0.1
TOTAL 6,459 0.12
*Does not include jurisdictional areas located within the Paddy Creek areas of the Linville ESSI Project
Legend PFO - Palustrine Forested
PEM - Palustrine Emergent
The Linville River within the Project boundaries starts at the Bridgewater Powerhouse
discharge/tailrace and proceeds downstream approximately 1,279 feet to the SR 126 Bridge,
where it flows outside the Project boundaries. The Linville River within the Project boundaries
has an approximate width from bank to bank of 118 feet.
The vegetation community along the Linville River directly below the old Bridgewater
Powerhouse can best be described as a mesic mixed hardwood forest (Piedmont Subtype)
(Schafale, et al., 1990). Dominant species found within the canopy include tulip poplar, red
maple, and northern red oak. Some white pine is present within the upper portions of the buffer
and some American sycamore is present near the river. Under-story species include immature
canopy species as well as hop hornbeam (Ostrya virginiana). Shrub species present include
rhododendron, blueberry species (Vaccinium sp.) and mountain laurel (Kalmia latifolia). Herb
and vine species are varied and include various fescue species (Festuca sp.), flea bane (Erigeron
sp.), path rush (Juncus tenuis), blackberry (Rubus argutus), and poison ivy (Toxicodendron
radicans).
The Linville River has two tributaries that connect to it prior to going under the SR 126 Bridge.
The first drainage is located directly adjacent to and east of the Linville Dam. Two small
wetland drainages that are part of this tributary are supplied by the seepage from the Linville
Dam. This drainage consists of the two wetland seepage collection areas and a second order
perennial stream. The jurisdictional second order stream associated with this drainage measures
approximately 333 linear feet inside the Project boundary before it flows into the Linville River.
The jurisdictional wetlands within the Project Boundary are associated with the seepage at the
base of the dam (0.02-acres) and are made up of emergent wetland types (Cowardin et. al.,
1979). The hydrology indicators found in this jurisdictional wetland consisted of standing
surface water and saturated soils to the surface. In addition, drainage patterns and water-stained
leaves were observed during the field wetland assessments.
The second tributary is located on the downstream right bank of the Linville River below the
existing powerhouse. This first-order drainage appears to be a bed and bank perennial stream
approximately 2 to 3 feet in width and approximately 444 linear feet in length. This tributary is
approximately 0.5 feet in depth and has moderately to steeply sloping banks with a substrate
4
consisting of sand, gravel, and silt. The area around this tributary is mostly a grass and fescue
maintained lawn. At present, this drainage is buffered from the surrounding new powerhouse
construction project. All tributaries are considered relatively permanent waters that are
considered abutting to traditionally navigable waters. The wetlands on-site are considered
abutting relatively permanent waters and therefore adjacent to traditionally navigable waters.
The vegetation community along the Linville River tributaries directly below the old
Bridgewater Powerhouse can best be described as a mesic mixed hardwood forest (Piedmont
Subtype) (Schafale and Weakley 1990). The canopy species found in this drainage are made up
of tulip poplar, red maple, American beech, sourwood (Oxydendrum arboreum), and white oak
(Quercus alba). The midstory trees and shrubs included American holly, rhododendron,
flowering dogwood, and Chinese privet. The herbaceous layer is made up of Japanese
honeysuckle, Christmas fern, giant cane, highland doghobble (Leucothoe fontanesiana), Virginia
creeper (Parthenocissus quinquefolia), galax (Galax urceolata), false nettle (Boehmeria
cylindrica), sedges (Carex sp.), browntop, and cardinal flower (Lobelia cardinalis).
The soil series found within these drainage areas and the adjacent uplands are Rhodhiss sandy
loam, and Udorthents. Rhodhiss sandy loam is found on 25 to 45 percent slopes and is a well-
drained soil found in the uplands. Permeability for this soil is moderate and shrink-swell
potential is low. Seasonal high water table is below 6.0 feet. This fine-loamy, mixed, semi
active, mesic Typic Hapludults is usually found in hillslopes on ridges (Knight, 2006).
Udorthents is a soil that consists of areas where the natural soils have been altered by digging,
grading, or filling, to the extent that individual soil types can no longer be recognized. These
areas consist primarily of borrow areas; fill areas, or sanitary landfills. The characteristic of the
soil material varies such that interpretive statements cannot be made without an on-site
investigation (Knight, 2006).
The Borrow Area 3 jurisdictional drainage intersects the Catawba River approximately
5,733 feet downstream of the second bridge over the Linville/Catawba River after the existing
the Bridgewater Powerhouse (Figure 6). This drainage consists primarily of a drainage with six
small first-order, two second-order and one third-order perennial streams with three jurisdictional
wetlands located at the head of first order streams. The third-order stream flows directly into the
Catawba River. The jurisdictional wetlands associated with this drainage within the ESSI
Project Boundary are approximately 0.1 acres and is considered to be a forested wetland
(Cowardin et. al., 1979).
The vegetation found in the drainage and wetlands of Borrow Area 3 were the following: alder
(Alnus serrulata), sweet scented joe pye weed (Eupatorium purpureum), bulrush (Scirpus
cyperinus), soft rush, shallow sedge, common boneset (Eupatorium perfoliatum), Japanese
honeysuckle, Christmas fern, browntop, touch-me-not (Impatiens capensis), slender woodoats
(Chasmanthium laxum), threeway sedge (Dulichium arundinaceum), American holly, red maple,
Chinese privet, and sensitive fern (Onoclea sensibilis).
The soil series found within the drainage area and the adjacent uplands are Biltmore loamy sand
Arkaqua loam and Rhodhiss sandy loam. Biltmore loamy sand is found on zero to five percent
slopes and is a well-drained occasionally flooded soil with rapid permeability. This nearly level
or gently sloping, mixed, mesic Typic Udipsamments is usually found in Piedmont river valleys
of North Carolina (Knight, 2006). Arkaqua loam is found on zero to two percent slopes and is
somewhat poorly drained with a moderate permeability rating. This nearly level fine-loamy,
mixed, active mesic Fluvaquentic Dystrudepts is usually found on piedmont river valleys within
the flood plains of a river (Knight, 2006).
Applicant's Stated Purpose
The purpose of the proposed work as described by the applicant is to improve safety and long-
term stability of the existing Linville Dam as part of a nationwide effort to increase the safety of
dam during potentially catastrophic earthquake events.
Project Description
The Linville Dam was constructed by the semi-hydraulic fill method between the years 1916 and
1919. Dams constructed utilizing these methods are typically more susceptible to liquefaction
under seismic loading conditions. "Liquefaction" is a phenomenon in which the strength and
stiffness of a soil is reduced by earthquake shaking or other rapid loading. Liquefaction and
related phenomena have been responsible for tremendous amounts of damage in historical
earthquakes around the world (University of Washington, 2007). In order to improve the safety
of the existing Linville Dam and reduce the risk of a dam failure in the event of an earthquake,
the applicant is proposing the construction of an approximately 100' counterweight stability
berm on the downstream side of the Linville Dam. This construction will involve the placement
of approximately 1 million cubic yards of fill material on the downstream side of the dam.
Due to the construction of the Linville Dam ESSI Project, there will be unavoidable impacts to
jurisdictional waters of the U.S. including wetlands. Within the drainages that have been noted
within the Linville Dam ESSI Project boundaries, two of the four drainages will have permanent
impacts to approximately 575 feet of jurisdictional streams. One of the four drainages will have
permanent impacts to approximately 0.02 acres of jurisdictional wetlands. In addition,
throughout the drainages, approximately 173 linear feet of jurisdictional streams will be
impacted temporarily by this ESSI Project (see Table 2).
TABLE 2. JURISDICTIONAL WATERS WITHIN THE LINVILLE ESSI PROJECT
BOUNDARIES TO BE IMPACTED

rainage Stream
Impacted
Perm.
linear feet Stream
Impacted
Temp. *
linear feet
Wetland Area
Impacted Perm.
acres

Buffers
(square feet
Linville River 290 173 0 31,767
Linville River Tributary 1 285 0 0.02 N/A
Borrow Area 3 Tributary 1 0 0 0 7,500
TOTAL 575 173 0.02 39,267
* - Does not include the temporary outage impact described below
6
The temporary and permanent impacts to jurisdictional areas in Linville River will consist of
surface water impacts. The impacts will be the results of filling the river bed with material to be
used in the construction of the Linville Dam ESSI berm. Both permanent and temporary impacts
start at the toe of the dam/base of the existing powerhouse and ends approximately 463 linear
feet downstream.
The temporary impacts to the Linville River will measure approximately 173 linear feet. The
temporary impacts to the river are primarily due to the construction of a proposed sediment and
erosion control basins. This basin could be placed in the river channel due to the lack of area
required to construct a basin in the adjacent uplands. All temporary river impacts will be
returned to original contours and elevations.
The permanent impacts to surface waters (290 linear feet) in the Linville River/Bridgewater
tailrace is primarily due to the construction of the stability berm and the excavation of the toe of
the existing dam to replace the alluvium with compacted backfill. These surface water impacts
are unavoidable impacts and will be included in the proposed mitigation.
Approximately 31,767 square feet (0.73 acres) of permanent impacts to the Catawba River buffer
are anticipated from this Linville Dam ESSI Project. The permanent impacts to main stem
buffers along the Linville River/Bridgewater tailrace is primarily due to the construction of the
stability berm. Approximately 7,500 square feet of temporary impacts to the Catawba River
buffer are anticipated in Borrow Area 3 as a result of the Linville Dam ESSI Project. The
temporary impacts to main stem buffers along the Catawba River are primarily due to the
construction of erosion and sediment control outfall structures. At present, the exact locations of
the impacts are not known due to the lack of an approved erosion and sediment control plan.
With regards to tributaries to the Linville River, the only tributary proposed to be impacted by
the construction of the Linville ESSI stability berm is the one located directly adjacent to and
east of the Linville Dam. This drainage, described previously as Tributary #1 consists of the two
small wetland seepage collection areas and a second order perennial stream. There are only
permanent impacts planned for this drainage. The permanent impacts to the wetlands will be due
to the filling of these areas with material to be used in the construction of the Linville Dam ESSI
berm. Approximately 0.02 acres of wetland habitat will be impacted due to their proximity to
the dam. Due to the jurisdictional stream to be impacted continuing offsite, the flows from this
drainage will be piped downstream into the tailrace of the new Bridgewater powerhouse. The
amount of streambed that will be replaced by the piping of the stream is approximately 285
linear feet. The second tributary to the Linville River that was previously impacted and permitted
as a temporary impact under the Bridgewater Powerhouse permit is not planned to be impacted
by the construction to the Linville Dam ESSI Project.
For Borrow Area 3, there is an existing road crossing over the second order perennial stream in
Borrow Area 3. A temporary haul road will be constructed within the footprint of the pre-
existing road crossing. The roadway will assist in the transportation of borrow material to the
berm construction areas for use during the ESSI construction project. Therefore, with this
crossing consisting of pre-existing impacts, no mitigation will be necessary for the temporary
impacts to these jurisdictional areas (Table 2). No additional impacts to jurisdictional features are
planned at this time for the Paddy Creek ESSI tract.
An additional temporary impact will include the dewatering of approximately 4,846 linear feet of
the Linville River prior to its confluence with Muddy Creek/Old Catawba River. In order to
construct the new powerhouse and work on the hydro-electric turbines, a temporary outage of the
hydro plant is necessary which result in a shutoff of water coming out of the existing
Bridgewater power plant. By shutting off the water coming from the power plant, this will
reduce the flows in the Linville River from 55 cfs to 1-2 cfs during the time frame of
May 5, 2011 to August 3, 2011.
The applicant is proposing to mitigate for permanent impacts to jurisdictional waters through the
North Carolina Ecosystem Enhancement Program (EEP) in-lieu fee program. The applicant
plans to mitigate for the permanent impacts to the Linville River at a 2:1 ratio and impacts to the
tributary of the Linville River at a 1.5:1 ratio. The jurisdictional wetlands that will be impacted
will be mitigated through EEP at a 2:1 ratio and rounded up to the nearest 0.25 acres. For the
amount of mitigation need for each impact, see Table 3 below.
TABLE 3. LINVILLE DAM ESSI MITIGATION TOTALS
Impact Location Actual footage Ratio Total
Linville River 290 2:1 580
(cold water
Linville Tributary 285 1.5:1 428
(warm water
Linville Tributary 0.02 2:1 0.25
(wetland)
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 Oversight and Express Permits Unit, 2321
Crabtree Boulevard, Raleigh, North Carolina 27604-2260. 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),
2321 Crabtree Boulevard, Raleigh, North Carolina 27604-2260 Attention: Ms Cyndi Karoly by
June 14, 2010.
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 Corps has consulted the latest published version of the National Register of Historic Places
and is not aware that any registered properties, or properties listed as being eligible for inclusion
therein are located within the project area or will be affected by the proposed work. Presently,
unknown archeological, scientific, prehistoric, or historical data may be located within the
project area and/or could be affected by the proposed work.
Endangered Species
The Corps has reviewed the project area, examined all information provided by the applicant and
consulted the latest North Carolina Natural Heritage Database. Based on available information,
the Corps has determined pursuant to the Endangered Species Act of 1973, that the proposed
project will have no effect on federally listed endangered or threatened species or their formally
designated critical habitat.
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.
9
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.
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, June 14, 2010. Comments should be
submitted to Amanda Jones, Asheville Regulatory Field Office, 151 Patton Avenue, Room 208,
Asheville, North Carolina, 28801-5006.
10
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