19930501 Ver 2_Public Notice_20091029

US Army Corps of Engineers Public Notice 2009-00321 q3 ?S Page 1 of 1
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US Army Corps of Engineers Public Notice 2009-00321
Miller, Deborah M SAW [[e-mail]]
Sent: Thursday, October 29, 2009 9:02 AM
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 (.pdf) format for viewing, printing or
download at http://www.saw.usace.army.mil/wetlands/notices/current_notices.html
<h?://www.saw.usace.arrr .mil/wetlands/notices/current notices. html> . 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: October 29, 2009
COMMENT DEADLINE: November 30, 2009
CORPS ACTION ID#: SAW-2009-00321
PROJECT DESCRIPTION: The Wilmington District, Corps of Engineers (Corps) has received an
application from Mr.. Miles Gregory, Chairman of the Macon County Airport Authority, seeking
Department of the Army authorization to impact waters of the United States in order to extend Runway
7, the associated taxiway, and the Runway Safety Area (RSA), and for impacts associated with past
airport projects at the Macon County Airport near Franklin, Macon County, North Carolina. In total,
cumulative, permanent impacts to waters of the U.S. would be 5.72 acres of freshwater wetlands and
809 linear feet of stream.
POC: Lori Beckwith, telephone [phone] extension 226
Expiration Date: 5:00 p.m., November 30, 2009
https://mail.nc.gov/owa/?ae=Item&t=IPM.Note&id=RgAAAACChSeOTRSCT5TNO706... 10/29/2009
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US Army Corps
Of Engineers
Wilmington District
PUBLIC NOTICE
Issue Date: October 29, 2009
Comment Deadline: November 30, 2009
Corps Action ID #: 2009-00321
The Wilmington District, Corps of Engineers (Corps) has received an application from Mr. Miles
Gregory, Chairman of the Macon County Airport Authority, seeking Department of the Army
authorization to impact waters of the United States in order to extend Runway 7, the associated
taxiway, and the Runway Safety Area (RSA), and for impacts associated .with past airport
projects at the Macon County Airport near Franklin, Macon County, North Carolina. In total,
cumulative, permanent impacts to waters of the U.S. would be 5.72 acres of freshwater wetlands
and 809 linear feet of stream.
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.g=.mil/wetlands
Applicant: Macon County Airport Authority
Attention: Mr. Miles Gregory, Chairman
1241 Airport Road
Franklin, North Carolina 28734
Agent: WK Dickson & Co., Inc.
Attention: Ms. Julie V. Ball
1001 Pinnacle Point Drive
Suite 110
Columbia, South Carolina 29223
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 is located at the Macon County Airport on Airport Road (SR 1434) in the
Iotla Valley, approximately 3 miles north of the town of Franklin, Macon County, North
Carolina. The project area is located at 35.2225 north and -83.4190 west within the Little
Tennessee River Watershed (HUC 06010202).
Existing Site Conditions
The airport facility is a general aviation airport utilized by business and recreational aircraft. The
nearest surface waters are Iotla Branch and Iotla Creek. The North Carolina Division of Water
Quality (DWQ) has classified both Iotla Branch and lotla Creek as Class C waters. As defined by
the DWQ, Class C waters are protected for uses such as secondary recreation, fishing, wildlife,
fish consumption, aquatic life including propagation, survival and maintenance of biological
integrity, and agriculture.
Seven structures currently exist within the airport property (the main terminal, an office, a
maintenance hangar, and 4 T-hangar buildings).
Applicant's Stated Purpose
The applicant's stated project purpose is to bring the Macon County Airport into compliance
with the North Carolina Division of Aviation and Federal Aviation Administration (FAA) safety
standards.
According to the applicant, these standards require having at least 5,000 feet of available runway
and the appropriate runway safety area in order to improve the overall safety of the airport.
Currently, the existing 4,400 foot long runway and extended runway safety area do not meet
these requirements for the aircraft which operate on the runway. Because of this, the Macon
County Airport does not provide an enhanced facility for distressed aircrafts in emergency
situations.
The airport must also maintain the runway in compliance with FAA safety standards. FAA
regulations require that the runway safety areas remain clear of all objects not fixed by function
(i.e., runway lights, NAVAIDS). Additionally, the FAA recommends (Advisory Circular AC
No: 150/5200-33B) a separation distance of 5,000 feet (for airports that serve piston-powered
aircraft) and a separation distance of 10,000 feet (for airports that serve turbine-powered aircraft)
between an airport's Air Operations Area (AOA) and hazardous wildlife attractants in order to
avoid potential aircraft collisions with wildlife.
Project Description
The proposed project consists of extending Runway 7, the associated taxiway, and the RSA 600
feet to the west and removing wildlife attractants near the runway.
The extension of Runway 7 includes filling and grading 749 linear feet of Iotla Branch (a
tributary of Iotla Creek) and 0.17 acre of wetlands (Wetlands 1, 2, and 3). Of these 749 linear
feet, 139 linear feet would be relocated to an open rock-lined channel in order to divert the
stream into 575 feet of 72-inch reinforced concrete pipes (RCP) and 130 feet of double 60-inch
RCP. The newly installed pipes would tie into the existing double 60-inch RCP culvert located
under Airport Road and outlet into Iotla Creek south of the runway.
2
This project also includes filling 3.74 acres of wetlands adjacent to the existing runway
(Wetlands F/G, GA, GB, and G (from 2009 delineation)) in order to comply with FAA's
recommendation regarding hazardous wildlife attractants.
This permit application also includes impacts from various unauthorized activities performed in
waters of the U.S. within the last eighteen years as part of airport activities. These activities
include the following: (1) fill material was placed in 1.38 acres of freshwater wetlands
previously identified as an alder bog (Wetland AB) north of the runway during runway extension
construction in 1991; (2) 60 linear feet of culvert was placed in streams throughout the property
(Pipes #11, #12, and #13) for accessibility of mowing equipment; (3) 1.53 acres of wetland
mitigation constructed in 1994 in the eastern floodplain, which was required as compensatory
mitigation for impacts to waters of the U.S. in 1993 (construction of a parallel taxiway), is non-
functioning, and; (4) in 2006, 183.5 linear feet of culverts were installed in waters of the U.S. on
airport property during the upgrade of the security fence. The airport proposes to remove these
culverts and restore the impacted stream channels to their pre-construction conditions.
In order to bring the Macon County Airport into regulatory compliance, previously unauthorized
wetland and stream impacts, as well as the unsuccessful compensatory mitigation, have been
included in this permit application. The applicant proposes to mitigate for the currently proposed
project's impacts to waters of the U.S., the previously unauthorized impacts to waters of the
U.S., and on-site, unsuccessful mitigation.
Permanent Impact Table (Cumulative)
Im acts

Jurisdictional Waters & Wetlands Stream
(Linear
Feet
Wetland
Acres
Iotla Branch (proposed impact) 749
Wetland 1 (proposed impact) 0.06
Wetland 2 (proposed impact) 0.05
Wetland 3 (proposed impact) 0.06
Alder Bog (past impact) 1.38
Equipment Access Culverts (past
impact/currently proposed for ATF
authorization

60
Wetland F/G (previously ditched/currently
proposed for impact/fill)
2.72
Wetland G 2009 Delineation (previously
ditched/currently proposed for impact/fill)
0.83
*Wetland G 1991 delineation (past ditching) 0.43
Wetland GA (proposed impact/fill) 0.11
Wetland GB (proposed impact/fill) 0.08
T6ta1 809 5.72
*Wetland G was 0.43 acre larger in 1991.
3
In order to mitigate for cumulative past and proposed impacts to waters of the U.S., the applicant
proposes to pay into the North Carolina Ecosystem Enhancement Program (NCEEP) In-Lieu of
Fee (ILF) program, in the amounts noted in the table below. Available credits through NCEEP
for this project would be located in the Little Tennessee River Basin (CU# 06010202).
Proposed Mitigation
Proposed Proposed Proposed Proposed Proposed Proposed
Mitigation Mitigation Stream Wetland.,_ .-Stream Wetland
Ratios Impact Impact Mitigation Mitigation
Aquatic' (Linear (Acres) Credits. Credits
Resource Ft.
Iotla Branch ILF 2:1 610 1220
(Filled & Graded
only)
Iotla Branch ILF 1:1 139 139
(Filled, Graded,
& Relocated
Wetland 1 ILF 2:1 0.06 0.12
Wetland 2 ILF 2:1 0.05 0.10
Wetland 3 ILF 2:1 0.06 0.12
Alder Bo ILF 1:1 1.38 1.38
Equipment ILF 1:1 60 60
Access Culverts
Wetland F/G ILF 1:1 2.72 2.72
Wetland G ILF 1:1 0.83 0.83
1991 Delineation ILF 0.43 0.43
(Area of Wetland
G
Wetland GA ILF 1:1 0.11 0.11
Wetland GB ILF 1:1 0.08 0.08
*1993 Wetland ILF 1:1 1.53
Mitigation Sites
Total 809 5.72 ' 1,419 7.42
*The applicant is proposing to mitigate for the nonfunctioning mitigation areas from the 1993
authorization by purchasing 1.53 credits from EEP.
Additionally, the applicant proposes to remove all culverts that were installed during the 2006
perimeter fence installation and restore the stream channels to their pre-construction condition. d
As a result, a total of 183.5 linear feet of previously impacted steam channel would be enhanced
and the impacts from the unpermitted 183.5 if impact would be mitigated.
4
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
November 30, 2009.
In addition, this project is located in a watershed subject to Tennessee Valley Authority (TVA)
permit requirements pursuant to Section 26a of the TVA Act. This Public Notice and all
application materials are being forwarded to the Little Tennessee Watershed Team, Attention:
Mr. Darrell A. Cuthbertson, 260 Interchange Park Dr., LCB IA-LCT, Lenoir City, TN 37772-
5664. Questions or comments regarding Section 26a permit requirements should be directed to
the above address.
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 would 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
Various archaeological studies have been performed at the Macon County Airport dating back to
1965. These studies have concluded that Cherokee artifacts and burial sites exist within airport
property. Prior to the current investigation, the most recent archaeological study was performed
by The Chicora Foundation, Inc. (Chicora) during 2000. The Chicora study indicated that the
field west of lotla Branch (the proposed runway extension area) contains a wide variety of data
sets, including a large number of human burials, the presence of postholes which likely reveal
house patterns, and cultural remains including pottery, cut mica, stone tools, and historic
artifacts.
In response to these findings, a Memorandum of Agreement (MOA) was developed between the
State Historic Preservation Office (SHPO), the FAA, the Macon County Airport Authority, the
Eastern Band of Cherokee Indians Tribal Historic Preservation Office (EBCI THPO), and the
United Keetoowah Band of Cherokee Indians in Oklahoma (UKB) in order to seek ways to
avoid, minimize, and mitigate adverse impacts from the proposed project. Upon the request of
the EBCI THPO, the runway extension was redesigned to minimize archaeological impacts to
the maximum extent possible.
According to the applicant, the original design included the runway extension, associated runway
safety area, and taxiway continuing on the existing runway gradient. This would have required
excavation into the adjacent hillside to reach the required runway elevation and would have
possibly resulted in disturbing features or artifacts. The redesign adjusted the proposed runway
gradient (or vertical alignment) which includes filling rather than cutting the vertical alignment
and allows the extension to be constructed with approximately 115,000 cubic yards of fill, thus
min;m;wing the impact to the existing soil and associated archaeological resources contained
within the proposed runway extension footprint.
The scope of work outlined in the MOA includes a data recovery plan that focused on 25 percent
of the proposed runway extension footprint. The goal of the data recovery plan is to describe the
people who were buried at this site, to characterize and explain any skeletal traits, pathologies or
anomalies of the people, and to provide information concerning the lifestyles and histories of the
people. The MOA issued on July 15, 2008, was signed by the FAA, SHPO, the Airport
Authority, and the NC DOT; the EBCI THPO and UKB did not sign the MOA.
The survey work included in the data recovery plan began in February of 2009 without
signatures from the EBCI THPO and the UKB, and later, the EBCI THPO, the UKB, and
members of the public expressed disapproval of the recovery plan. Relevant stakeholders met
again in 2009 to finalize a decision on the archaeological recovery plan. As a result, the Airport
Authority agreed to do 100 percent stripping and mapping of the area included in the footprint of
the project.
The expanded archaeological investigation now includes stripping the entire footprint of the
proposed runway extension area of topsoil. Once this has been completed, all features identified
during the stripping will be mapped, left in place, and covered up with the removed topsoil or the
runway extension fill, depending on the timing. This process will preserve features and or
artifacts found in the footprint and will eliminate potential disturbances from the runway
extension project. Once the project is completed, the features or artifacts identified will be
encapsulated underneath the runway extension. According to the airport's consultant, as a result
of these additional measures, all stakeholders have provided verbal agreement to the
archaeological recovery plan. Currently, there is no new or amended MOA.
Endangered Species
The applicant and the FAA/N.C. Department of Aviation are currently coordinating with the
U.S. Fish and Wildlife Service (USFWS) regarding potential impacts to downstream listed
species. The Corps of Engineers is not aware of the presence of species listed as threatened or
endangered, or their critical habitat formally designated pursuant to the Endangered Species Act
of 1973 (ESA), within the project area (i.e., the airport). A final determination on the effects of
the proposed project will be made upon additional review of the project, a review of the
6
coordination between the applicant and the USFWS, and, if warranted, the completion of
additional biological assessments, and/or consultation with the USFWS.
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, November 30, 2009. Comments should be
submitted to U.S. Army Corps of Engineers, Attn: Lori Beckwith, 151 Patton Avenue Room
208, Asheville, North Carolina 28801.
7
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