19970708 Ver 2_Public Notice_20081121

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US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: 20 November 2008
Comment Deadline: 20 December 2008
Corps Action ID #: SAW-2008-03051
The Wilmington District, Corps of Engineers (Corps) has received an application from
Coastal Carolina Regional Airport (formerly Craven Regional Airport) seeking
Department of the Army authorization to impact 0.81. acres of jurisdictional waters and
wetlands associated with efforts to bring the airport into compliance with Federal
Aviation Administration requirements for airport safety in 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 www.saw.usace.army.mil/wetlands
Applicant: Coastal Carolina Regional Airport
Attention: Mr. Thomas Braaten L?!? q l! D
200 Terminal Drive
New Bern, North Carolina 28562 N O V 2 1 2008
AGENT: The LPA Group Inco orated °?, SYKER T WAUR
1P WETLMDS ' 70RMVt'ATE gRANCii
Attention: Mr. Edward Smail
4401 Belle Oaks Drive, Suite 105
North Charleston, South Carolina 29405
Authority
The Corps will evaluate this application and a 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 project area is located at the north terminus of Runway 22 at the Coastal Carolina
Regional Airport adjacent to Scotts Creek on the north and south sides of North Carolina
State Road 1167 (Williams Road) south of New Bern, Craven County, North Carolina
(35.082441 N -77.037078 W).
Existing Site Conditions
Coastal Carolina Regional Airport is located southwest of US Highway 70 near the
confluence of the Neuse and Trent Rivers south of New Bern in Craven County, North
Carolina. The project is located in a 48.86 area that comprises the Runway 22 Safety
Area including proposed improvements to the runway overrun area. The Safety Zone
extends from the north end of the existing runway, across North Carolina State Road
1167 and ends at the existing right of way for the North Carolina Railroad. The area
includes portions of Scott Creek and 10.77 acres of jurisdictional wetlands.
Applicant's Stated Purpose
The applicant's stated purpose for the project is to improve safety at the Coastal Carolina
Regional Airport by extending the Runway 22 Runway Safety Area to meet current
Federal Aviation Administration design and safety standards.
Project Description
The applicant proposes to place fill in 0.81 acres of jurisdictional wetlands including the
placement of fill in 0.58 acres and clearing and grubbing an additional 0.23 acre area. The
applicant proposes to extend the existing runway 290 feet and clearing the entire area
,between the end of the runway and NCSR 1167. The applicant is proposing payment into
the North Carolina Ecosystem Enhancement Program In-lieu Fee Program to provide
compensatory mitigation for these impacts.
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 combined with the 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), 1650 Mail
Service Center, Raleigh, North Carolina 27699-1650 Attention: Ms Cyndi Karoly by 20
December 2008.
The applicant has certified that the proposed work complies with and will 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 is, by this notice,
forwarding this certification to the North Carolina Division of Coastal Management
(NCDCM) and requesting its concurrence or objection. Generally, the Corps will not
issue a Department of the Army (DA) permit until the NCDCM notifies the Corps that it
concurs with the applicant's consistency certification.
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.
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, 10 December 2008.
Comments should be submitted to Tracey L. Wheeler, US Army Corps of Engineers, Post
Office Box 1000, Washington, North Carolina 27889.
The Wilmington District is committed to providing the highest level of support to the public. To
help us ensure we continue to do so, please complete the Customer Satisfaction Survey located
at our website at http//regulator v usacesurvey. com/ to complete the survey online.
SITE LOCATION MAP
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OCTOBER 29, 2008
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I HUNWAY 22 SAFETY AREA IMPROVEMENTS
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APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT I OMB APPROVAL NO. 0710-0003
(33 CFR 325) Expires December 31, 2004
The Public burden for this collection of Information is estimated to average 10 hours per response, although the majority of applications should require 5
hours or less. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of
information, including suggestion for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information
paperwork Reduction Project (0710-0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law, no
person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number.
Please DO NOT RETURN your forms to either of those addresses. Completed applications must be submitted to the District Engineer having
jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authorities: Rivers and Harbors Act. Section 10, 33 USC 403: Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research and
Sanctuaries Act, 33 USC 1413, Section 103. Principal Purpose: Information provided on this form will be used in evaluating the application for a permit.
Routine Uses: This information may be shared with the Department of Justice and other Federal, state, and local government agencies. Submission of
requested information is voluntary however, if information is not provided the permit application cannot be evaluated nor can a permit be issued.
One set of original drawings or good reproducible copies, which show the location and character of the proposed activity, must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that is not completed in full will be returned.
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED
(ITEMS BELOW TO BE FILLED BYAPPLICANT)
5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE (an agent is not required)
Coastal Carolina Regional Airport THE LPA GROUP INCORPORATED
Attn: Mr. Thomas Braaten Attn: Mr. Edward J. Smail
6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS
200 Terminal Drive THE LPA GROUP INCORPORATED
New Bern, NC 28562 4401 Belle Oaks Drive, Suite 105
North Charleston, SC 29405
7. APPLICANT'S PHONE NOS. W/AREA CODE 10. AGENT'S PHONE NOS. W/AREA CODE
a. Residence a. Residence
b. Business 252-638-8591 b. Business 843-329-0050
11. STATEMENT OF AUTHORIZATION
I hereby authorize, THE LPA GROUP INCORPORATED to act in my behalf as my agent in the processing of this application and to
furnish, upon request, supplemental information in support of this permit application.
Refer to the attached Authorization Letter
APPLICANT'S SIGNATURE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (see instructions)
Runway Safety Area Extension
13. NAME OF WATERBODY, IF KNOWN (,
Wetlands abutting Scotts Creek
15. LOCATION OF PROJECT
Craven
COUNTY
DATE
14. PROJECT STREET ADDRESS (if applicable)
Coastal Carolina Regional Airport
(Formally Craven Regional Airport)
200 Terminal Drive
New Bern, NC 28562
North Carolina I http:/Iwww.newbernairport.com/
'ATE
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions)
Coastal Carolina Regional Airport is located in Craven County, North Carolina, near the city of New Bern. The
airport is situated just west of US 70, on a peninsula at the confluence of the Trent and Neuse Rivers. The
project location is shown on the attached permit drawings.
N Q V 2 1 2008
7. DIRECTIONS TO THE SITE Ut:W- tVAIEK QUALITY
WETLANDS AND STORMmm PANcH
Refer to the attached Site Location Map (Sheet 1).
ENG FORM 4345, JUL 97 EDITION OF FEB 94 IS OBSOLETE. (Proponent: CECW-OR)
18. Nature of Activity (Description of project, include all features)
See attached Project Narrative and attached drawings.
19. Project Purpose (Describe the reason of purposes of the project, see instructions)
See attached Project Narrative.
USE BLOCKS 20-221F DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
To extend the RSA in order to comply with FAA safety regulations. See attached Project Narrative.
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
Clean Fill - Approximately 6,000 cubic yards would be discharged into wetlands. This fill will be obtained from a
borrow area (in uplands) located on existing Airport property approximately 1.0 mile south of the project area
adjacent to the southern end of Runway 4-22.
22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions)
The proposed project would unavoidably impact 0.81-acre of wetlands. This would include 0.58-acre of fill impact
and 0.23-acre of impact associated with clearing and grubbing. These impacts are detailed in the attached Project
Narrative and Permit Drawings.
23. Is any portion of the Work Already Complete? Yes No X IF YES, DESCRIBE THE COMPLETED WORK
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (if more than can be entered here,
please attach a supplemental list).
One property owner adjoins the impacted wetland south of Williams Road:
Mr. William Laughinghouse
795 Williams Road
New Bern, NC 28567
25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL* IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
USACE Jurisdictional Determination (Action ID 200510994) 5123/05
FAA Finding of No Significant Impact 1/23/07
USFWS Concurrence 3/30/05
SHPO Concurrence 5116/05
NCEEP In-lieu Fee Request 10123/08
*Would include but is not restricted to zoning, building and flood plain permits
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this
application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly
authorized agent of the applicant.
l
Refer to the attached Authorization Letter / ? D
SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT / DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if
the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and
willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or
representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be
fined not more than $10,000 or imprisoned not more than five years or both.
s
PROJECT NARRATIVE
Coastal Carolina Regional Airport
Runway 22 Safety Area Extension
The Coastal Carolina Regional Airport (formally the Craven Regional Airport) is located
in Craven County, North Carolina, south of the City of New Bern, situated just west of
US 70, on a peninsula at the confluence of the Trent and Neuse Rivers. The location of
the proposed project is shown on Sheet 1 of the attached permit drawings.
Block 18
In order to improve runway safety and comply with Federal Aviation Administration
(FAA) safety regulations, the Coastal Carolina Regional Airport is proposing to extend
the Runway Safety Area (RSA) for Runway 22. RSA requirements are defined in FAA
Order 5200.8, Runway Safety Area Program, and the "Airport Design" Advisory Circular
(AC) 150/5300-13 (Standards for Specifying Construction of Airports), and other
applicable FAA guidance. For an airport the size of Coastal Carolina Regional (a C-II
Airport) the FAA requires a 1,000-foot long RSA from the end of the runway.
Blocks 19-20
The purpose of this project is to improve the safety of the Coastal Carolina Regional
Airport by extending the Runway 4-22 RSA to meet current FAA design and safety
standards.
A RSA is a surface surrounding the runway that has been prepared for reducing the risk
of damage to airplanes (or injuries to personnel/passengers) in the event of an undershoot,
overshoot, or excursion from the runway. The FAA currently requires an RSA extending
250 feet on either side of the runway centerline and 1,000 feet beyond each runway end
for an Airport Reference Code (ARC) C-II Facility, such as the Coastal Carolina
Regional Airport.
Currently, the Runway 22 RSA is in non-compliance for RSA length. The
implementation of this project will address this issue and bring the Airport close to FAA
compliance. Due to the location of Williams Road (as shown on Sheet 2), obtaining the
full 1,000-foot RSA length is not feasible.
The existing Runway 22 RSA is 500 feet wide by 600 feet long. The RSA extension
would be accomplished by constructing an additional 290 feet of RSA north of Runway
22. The final RSA length for Runway 22 would be 890 feet measured along the
centerline of Runway 22.
It was determined in an Environmental Assessment (EA)/Finding of No Significant
Impact (FONSI) (approved by the FAA on January 23, 2007) that extending the RSA
north of Runway 22 is the Preferred Alternative, due to impacts to Brices Creek
associated with shifting the runway to the south. A copy of an Alternative Analysis and
the FONSI are attached.
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Block 22
Impacts to jurisdictional areas were determined by overlaying the construction limits on
the limits of the approved jurisdictional determination. The construction of the project
would permanently impact approximately 0.81-acre of jurisdictional wetlands. This
includes 0.58-acre of fill impact and 0.23-acre of impact due to clearing and grubbing.
These impacts are detailed on Sheet 2 of the attached permit drawings.
Avoidance
Due to the linear nature of the project, total avoidance of impacts to water
resources is not possible. There are no other feasible directions, or locations to
construct the safety area. The alternative selection process is detailed in the
attached Alternative Analysis. The selection of Alternative 1 as the Preferred
Alternative avoided approximately 300 linear feet of stream impacts associated
with the relocation of Scotts Creek that would occur with Alternatives 2 and 3 by
limiting construction to the south side of Scotts Creek.
Additional impacts to adjacent wetlands and streams would be avoided by
confining construction activities to the construction limits.
Minimization
Wetland impacts were minimized by limiting the extension of the RSA to the
south side of Scotts Creek. Alternatives 2 and 3 would have further impacted
wetlands by adding approximately 0.4-acre of additional fill to wetlands north of
Scotts Creek. Alternative 3 would have also impacted additional wetlands
associated with the relocation of Williams Road.
Construction activities would be confined within the permitted construction
limits. Also during construction, potential temporary impacts to streams would be
minimized by implementing sediment and erosion control measures to include,
seeding and steepening of side slopes, hay bale placement, silt fences, and
sediment basins, as appropriate. Other BMPs would be required of the contractor
to ensure compliance with the polices of FAA Advisory Circular (AC) 150/5370-
1 OA entitled Standards for Specking Construction of Airports, and specifically
Item P-156 Temporary Air and Water Pollution, Soil Erosion, and Siltation
Control.
Mitigation
On-site wetland mitigation could be a wildlife attractant especially to wading
birds and waterfowl, which is in conflict with guidance provided in the Advisory
Circular (AC) 150/5200-33, Hazardous Wildlife Attractants On or Near Airports.
Per the recent requirements issued jointly by the USACE and the U.S.
Environmental Protection Agency (EPA) in the Department of Defense,
Department of the Army, Corps of Engineers 33 CFR Parts 325 and
332/Environmental Protection Agency 40 CFR Part 230 Compensatory
Mitigation for Losses of Aquatic Resources; Final Rule, dated April 10, 2008,
existing mitigation banks in the Neuse River Basin (HUC 03020204) were sought
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10/29/08
for the purchase of mitigation credits. Three commercial mitigation banks are
located in the Neuse River Basin; however none have credits available at this
time. Additionally, in order to comply with Session Law 2008-152 and
USACE/EPA guidance, mitigation banks serving HUC 03020204 were contacted
to determine if credits were available before the request to use the NCEEP In-lieu
Fee Program was made. No credits were available within HUC 03020204 at the
time of the request.
Therefore, THE LPA GROUP INCORPORATED is proposing the use of the
North Carolina Ecosystem Enhancement Program (NCEEP) In-lieu Fee Program
to compensate for unavoidable impacts to waters of the U.S. A request was
submitted to the NCEEP on October 13, 2008, and approved on October 23, 2008.
A copy of the NCEEP acceptance letter is attached.
Neuse Riparian Buffer Rules
The proposed project is in HUC 03020204, which is in the Neuse River Basin and
is subject to the Neuse Buffer Rules as defined in 15A North Carolina
Administrative Code (NCAC) 02B .0233. Scotts Creek and the associated
riparian buffers are within the proposed project area. According to FAA AC
150/5300-13 Standards for Specifying Construction of Airports, the RSA should
be, "Free of objects, except for objects that need to be located in the runway
safety area because of their function." Therefore, the vegetation within the RSA
must be removed to comply with FAA safety design standards. This includes
vegetation within the riparian buffer of Scotts Creek. According to FAA
AC/5300-13, "The dimensional standards remain in effect regardless of the
presence of natural or man-made objects or surface conditions that might create a
hazard to aircraft that leave the runway surface." The RSA was not extended to
its fullest extent in order to minimize impacts to Scotts Creek, wetlands adjacent
to Scotts Creek, and Williams Road. However, while some of the clearing areas
are beyond the grading limits of the project they are still maintained as RSA to
improve safety and meet the obstruction requirements of FAA AC 150/5300-13.
Clearing would occur within Zones 1 and 2 of the riparian buffer of Scotts Creek.
Areas within 35 feet of Scotts Creek would be cleared only and the remaining 15
feet of the buffer areas would be cleared and grubbed. Vegetation within Zone 1
and five feet of Zone 2 (approximately 15,682 square feet) would be cleared only
(no grubbing) to minimize impacts to wetlands and the riparian buffer of Scotts
Creek. Vegetation within the remaining 15 feet of Zone 2 (approximately 5,700
square feet) would be cleared and grubbed. The limits of clearing are shown on
Sheet 2 of the attached permit drawings.
The proposed project is deemed Allowable under the NCDWQ Memorandum,
Vegetation Management as it Pertains to Airport Facilities in the Neuse,
Catawba, and Tar-Pamlico Protected Riparian Buffer (May 9, 2006). This
memorandum addresses the removal of vegetation when it is necessary to comply
with FAA safety requirements. In order to comply with this memorandum, heavy
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10/29/08
equipment would not be used in Zone 1, vegetation would not be compromised
(the grubbed areas/fill slope for the RSA will be re-seeded), no large trees will
require removal by chain, permanent felling of large trees would not be required
in the buffer, the area contains scrub/shrub vegetation and the project would not
require the removal of large stumps, and at the completion of the project the
grubbed areas will be re-seeded with grass and the cleared areas will be allowed
to naturally re-vegetate with herbaceous vegetation.
Since the proposed project is deemed allowable and would be completed in
accordance with the NCDWQ Memorandum, Vegetation Management as it
Pertains to Airport Facilities in the Neuse, Catawba, and Tar-Pamlico Protected
Riparian Buffer (May 9, 2006), mitigation for impacts to riparian buffers is not
proposed. However, the areas of clearing and grubbing (0.23-acre), which all
would occur within riparian wetlands abutting Scotts Creek are included in the
total wetland impacts. The wetland impacts associated with the clearing and
grubbing are included in the request to NCEEP to use the In-lieu Fee Program.
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