20180612 Ver 2_Public Notice_20200205

M
T NOTICE
US Army Corps PUBLIC
Of Engineers
Wilmington District
Issue Date: February 5, 2020
Comment Deadline: February 20, 2020
Corps Action ID Number: SAW-2015-00263
The Wilmington District, Corps of Engineers (Corps or USACE) received a request from
Mr. Joe Walker of Western Carolina University (WCU) seeking a modification to the
Department of the Army issued permit of January 9, 2019 (SAW-2015-00263), associated with
WCU 2014 Master Plan Improvement projects in Cullowhee, Jackson County, North Carolina.
The permit modification request authorization for 0.35 acres (ac) of permanent impacts to
wetlands associated with further improvements to the Norton athletic/intramural fields facilities.
Specific plans and location information are described below and shown on the attached maps,
figures, and plans. This Public Notice and all attached plans are also available on the Wilmington
District Web Site at
https://www.saw.usace.gM.mil/Missions/Re latoD-Permit-Program/Public-Notices/
Applicant: Mr. Joe Walker
Western Carolina University
3476 Old Cullowhee Road
Cullowhee, North Carolina 28723
Agent: Mr. Clement Riddle
C1earWater Environmental Consultants, Inc.
32 Clayton Street
Asheville, North Carolina 28801
Authority
The Corps evaluates this application and decides whether to issue, conditionally issue, or deny
the proposed work pursuant to applicable procedures of the following Statutory Authorities:
® Section 404 of the Clean Water Act (33 U.S.C. 1344)
❑ Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)
❑ Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33
U.S.C.1413)
Version 7.8.2014 Page 1

Location
Directions to Site: The project site is within the WCU main campus. The Norton intramural field
site is an approximately 10-acre tract between The Village student housing area and the Schrader
Soccer Field located in the northwestern part of the campus.
To get to the site from the intersection of NC Highway 107 and Centennial Drive in Cullowhee,
turn east onto Centennial Drive. At the traffic round -about, go north onto Memorial Drive, turn
left at the first road next to the track -soccer -tennis athletic complex. The site is north of the
Schrader Soccer Field.
Project Area (acres): 10
Nearest Town: Cullowhee
Nearest Waterway: Cullowhee Creek
River Basin: Tuckasegee (06010203)
Latitude and Longitude: 35.31466 N, 83.18671 W
Existing Site Conditions
Cullowhee is a small urban developed university town surrounded mostly by sparsely rural
developed property. The WCU main campus is developed university property containing
classroom, residential, administrative, dinning, recreation, athletic, industrial, and preforming
arts facilities and building. Within the campus there are established support features, such as,
water and sewer systems, electrical distribution, roads, parking, storm water conveyance
systems, etc.
As noted above, the project site is within the WCU main campus and is a 10-acre tract located
between The Village student housing area and the Schrader Soccer Field in the northwestern part
of the campus. This project is part of the WCU 2014 Campus Master Plan. The project would
improve the usability of the existing intramural sport fields by construction of multi -propose
intermural fields and athletic fields for soccer, football, and hammer throw, and construction of
50 parking spaces.
The intramural field project site is an open mowed recreational field complex having portions
used for parking and walking paths with sparse trees at the perimeter. This site is a relatively flat
topographic flood bench of Cullowhee Creek with an elevation of approximately 2060 feet (ft)
above mean sea level (msl). In January 2019 the Department of the Army (DA) issued a permit
authorizing 0.09 acres of permanent impacts to wetlands for constructing a more evenly graded
and better drained surface at this site (SAW-2015-00263). The grading and fill previously
authorized is being conducted as planned.
The project areas are situated in the Blue Ridge physiographic province and in the Southern
Crystalline Ridges and Mountains Ecoregion of North Carolina. The Blue Ridge province is a
mountainous zone that extends northeast -southwest from southern Pennsylvania to central
Alabama. The physiography of the Jackson County consists of high, intermediate, and low
mountains; floodplains; and low stream terraces.
Version 7.8.2014 Page 2

Waters at the project site are Cullowhee Creek, which adjoins the project area to the west, and is
a tributary of the Tuckasegee River. These waters are part of the Tennessee River system and lay
within the Tuckasegee River watershed (HUC 06010203), which is a sub -basin of the Little
Tennessee River. This sub -basin contains some of the most pristine, high -quality waters in the
state and supports numerous trout streams. As designated by the North Carolina Department of
Environmental Quality (NCDEQ) — Division of Water Resources (DWR), streams at the sites are
classified as class C secondary recreation and trout waters.
There are wetlands which are abutting to Cullowhee Creek and are features on the creek
floodplain. Jurisdictional waters of the United States (WoUS) exist within the proposed project
boundary:
Summary of Jurisdictional Waters
Aquatic Resource
Amount
Stream
0 if
Wetland
0.43 ac
Open Water
0.0 ac
There is a man-made impoundment located in the southeast corner of the site. This feature is
isolated open waters and is not WoUS. The impoundment has no nexus with WoUS and based
on review of historic aerial photos and maps appears to have been dug in uplands and may have
been associated with a former waste water treatment facility. The Corps issued a jurisdictional
determination (JD) for the intermural field project area in December 2013 (SAW-2013-02323).
Previous USACE permitted regulatory projects for WCU are summarized in the following table:
Action ID
Number
NWT / GP
Number
Wetland (ac)
Stream (If)
Temporary
Permanent
Temporary
Permanent
2003-30382
14
60
2009-00395
14
55
2015-00263
N/A
0.38
500
Impact Totals
0
0.38
0
615
Total Loss of Waters of
the U.S. (ac)
0.38
Total Loss of Waters of
the U.S. (If)
615
Required Wetland
Mitigation (ac)
0.38
Required Stream
Mitigation (If)
500
Soil series present at the site include, Braddock -Urban Land complex, Cowee-Evard-Urban Land
complex, and Udorthents-Urban Lands complex.
During site visits in October 2017, C1earWater Environmental Consultants, Inc., (CEC)
identified several habitat types at the project site. The following is a summary of each of the
habitat types identified on -site.
Version 7.8.2014 Page 3

Maintained lawn/field habitat includes predominantly herbaceous vegetation and land that is
mowed at regular intervals. The flat intramural fields are maintained turfgrass with small patches of
sedges, soft rush, and creeping jenny (Lysimachia nummularia) in wet areas.
Early successional bottomland mixed hardwood habitat occupy a narrow strip next to Cullowhee
Creek at the site. This habitat contains bottomland mixed hardwoods and conifers including sparse,
mature black walnut (duglans nigra), white oak (Quercus alba), and Eastern white pine (Pious
strobus), with an understory of Chinese privet, and with a moderately dense vine layer with English
ivy (Hedera helix), Virginia creeper (Parthenocissus quinquefolia), and poison ivy. Freshwater
stream habitat include the streambeds and banks of Cullowhee Creek. Stream bed substrate is sand,
gravel and cobble.
Terrestrial communities at the project site is comprised of developed urban areas, with small
areas of vegetate tracts, and open habitats that may support a diverse number of wildlife species.
Representative mammal, bird, reptile, and amphibian species commonly occurring in the habitats
noted above is listed in the flowing paragraph. Information on these species that typically use the
habitats at the project site was obtained from relevant literature, mainly the Biodiversity of the
Southeastern United States, Upland Terrestrial Communities. Mammal species that commonly
occur in these habitats include eastern cottontail (Sylvilagus floridanus); gray squirrel (Sciurus
carolinensis); eastern chipmunk (Tamis striatus), southern flying squirrel (Glaucomys volans),
various vole, rat, and mice species; raccoon (Procyon lotor); Virginia opossum (Didelphis
virginiana); white-tailed deer (Odocoileus virginiana), and black bear (Ursus americanus). Bird
species that commonly use these habitats include indigo bunting (Passerina cyanea), prairie
warbler (Dendroica discolor), northern cardinal (Cardinalis cardinalis), field sparrow (Spizella
pusilla), rufous -sided towhee (Pipilo erythrophthalmus), red -eyed vireo (Vireo olivaceous),
scarlet tanager (Piranga olivacea), blue jay (Cyanocitta cristata), and Carolina chickadee
(Poecile carolinensis). Predatory birds may include several hawk and owl species and turkey
vulture (Cathartes aura). Reptile and amphibian species that may use the terrestrial community
include copperhead (Agkistrodon contortrix), eastern corn snake (Pantherophis guttatus), eastern
box turtle (Terrapene carolina carolina), eastern fence lizard (Sceloporus undulatus), five -lined
skink (Plestiodon fasciatus), spring peeper (Pseudacris crucifer), timber rattlesnake (Crotalus
horridus), and American bull frog (Rana catesbeiana). The dominant species of salamander in
these habitats are dusky salamanders (Desmognathus spp.).
CEC conducted a file review of records maintained by the US Fish and Wildlife Service (FWS)
and the North Carolina Natural Heritage Program (NHP). The desktop literature review involved
a review of the FWS list of protected species in Jackson County and the NHP Element
Occurrence Data on which NHP identifies current and historic occurrences of listed species for a
specific locale. The FWS lists 11 species as occurring in Jackson County that are subject to
Endangered Species Act (ESA) Section 7 consultation (see table below). The NHP database
identifies 19 element occurrences (EO) within a 1-mile radius of the project site; none of which
hold Federal status and are subject to Section 7 consultation.
Version 7.8.2014 Page 4

Common Name
Scientific Name
Federal Status
Bog turtle
Glyptemys muhlenbergii
T (S/A)
Carolina Northern Flying Squirrel
Glaucomys sabrinus coloratus
E
Gray bat
Myotis grisescens
E
Indiana Bat
Myotis sodalis
E
Northern Long -Eared Bat (NLEB)
Myotis septentrionalis
T
Appalachian elktoe
Alasmidonta raveneliana
E
Rusty -patched bumble bee
Bombus affinis
E
Spruce -Fir Moss Spider
Microhexura montivaga
E
Small Whorled Pogonia
Isotria medeoloides
T
Swamp Pink
Helonias bullata
T
Rock Gnome Lichen
Gymnoderma lineare
E
E - Endangered. A taxon "in danger of extinction throughout all or a significant portion of its range."
T - Threatened. A taxon "likely to become endangered within the foreseeable future throughout all or a
significant portion of its range."
S/A — Similarity of appearance
Review of the National Park Service National Register of Historic Places (NRHP) GIS Public
Dataset and the North Carolina State Historic Preservation Office (SHPO) HPOWEB GIS Web
Service indicted one historic property within 2 miles of the project area. This historic property was
the Joyner Building (JK0004) on the campus of WCU. The Joyner Building was a historic
classroom and administrative building. The building burned in 1981 and has been replaced by the
Joyner Plaza. TRC Environmental Corporation (TRC) has conducted several archeological surveys
and investigations at WCU. On -going and completed studies have identified significant cultural
resources at the project site and areas southeast of the site.
Applicant's Stated Purpose
The project purpose is to enact a development recommendation provided within the WCU 2014
Campus Master Plan. This recommendation includes meeting a growing demand for recreation
use and maximizing the utility of existing open spaces on campus. The project will improve the
usability of the existing intramural sport fields.
Project Description
The WCU 2014 Master Plan outlines strategies to manage future student growth and identifies
needed facilities. WCU enrollment is expected to grow by 2% annually, reaching a projected
population of 11,171 by 2023. The plan addresses issues related to new building needs
(classroom, administrative and dorms), utilization of existing space, parking and transportation,
technology infrastructure, sustainability, safety and security, preservation of campus heritage,
and integration of the campus with the surrounding community.
Version 7.8.2014 Page 5

The Western Carolina Campus Recreation and Wellness program has indicated that the current
primary spaces utilized for intramural and club sport program need to be improved for safety,
functionality, and expanded to meet demand. The Norton fields are proposed to be the site of five
additional athletic fields, including one football field, one soccer field, two multipurpose athletic
fields, and a hammer throw field. The proposed improvements will also include expansion of
parking facilities with the addition of a parking lot on the north end of the intramural field site,
capable of accommodating 50 vehicles. The permit modification proposes to fill a total of 0.35
acres of wetlands.
Summary of Proposed Impacts to Jurisdictional Waters
Impact
Aquatic Resource
Type of Impact
Amount
Intermural
wetland
Permanent
0.35 ac
Field
(fill and grading)
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or minimize
impacts to the aquatic environment. Pre -project site planning was conducted to delineate and
field verify jurisdictional WoUS within the proposed project area. These features were used to
select a viable alternative to avoid and minimize impacts to aquatic resources. In preparing the
2014 Master Plan, WCU considered a variety of constraints, including impacts to streams and
wetlands. The applicant has proposed a plan which avoids and minimizes impacts to streams and
wetlands to the greatest extent practicable and feasible while still accomplishing the overall
project purpose.
Compensatory Mitigation
The proposed project involves permanent impacts to jurisdictional WoUS. Upon completion and
implementation of practical avoidance and minimization efforts, a total of 0.35 acres of
permanent wetland impacts will result in the a permanent loss of WoUS. These unavoidable
permanent losses of WoUS will require compensatory mitigation.
CEC conducted NC Wetland Assessment Method (NCWAM) wetlands to be impacted. The
applicable methodology calculated an overall rating of "Low" for the wetlands. The applicant is
proposing to mitigate for wetland impacts at a 1:1 ratio through NC Division of Mitigation
Services (DMS). By letter dated November 13, 2019, DMS has indicated they are willing to
accept payment for wetland impacts that may require compensatory mitigation associated with
the project. The credits will be within the Little Tennessee River Basin (Tuckasegee 06010203
HUC).
Version 7.8.2014 Page 6

Essential Fish Habitat
Pursuant to the Magnuson -Stevens Fishery Conservation and Management Act, this Public
Notice initiates the Essential Fish Habitat (EFH) consultation requirements. The Corps' initial
determination is that the proposed project would not affect EFH or associated fisheries managed
by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine
Fisheries Service.
Cultural Resources
Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C of 33
CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the
District Engineer consulted district files and records and the latest published version of the
National Register of Historic Places and initially determines that:
❑ Should historic properties, or properties eligible for inclusion in the National Register, be
present within the Corps' permit area; the proposed activity requiring the DA permit (the
undertaking) is a type of activity that will have no potential to cause an effect to an
historic properties.
❑ No historic properties, nor properties eligible for inclusion in the National Register, are
present within the Corps' permit area; therefore, there will be no historic properties
affected. The Corps subsequently requests concurrence from the SHPO (or THPO).
❑ Properties ineligible for inclusion in the National Register are present within the Corps'
permit area; there will be no historic properties affected by the proposed work. The Corps
subsequently requests concurrence from the SHPO (or THPO).
❑ 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. The Corps subsequently requests concurrence from the
SHPO (or THPO).
® Historic properties, or properties eligible for inclusion in the National Register, are
present within the Corps' permit area; moreover, the undertaking may have an adverse
effect on these historic properties. The Corps subsequently initiates consultation with the
SHPO (or THPO).
❑ 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. Additional work may be necessary to identify and assess any historic or
prehistoric resources that may be present.
Version 7.8.2014 Page 7

SHPO and applicable tribal historic preservation offices (THPO) will be notified via Public Notice
about the project and will be given the opportunity to comment on the project and its potential
effects on cultural resources.
The District Engineer's final eligibility and effect determination will be based upon submitted
comments to this public notices from SHPO and/or THPO; and further coordination with the
SHPO and/or THPO, as appropriate and required; and with full consideration given to the
proposed undertaking's potential direct and indirect effects on historic properties within the
Corps' permit area.
Endangered Species
Pursuant to the Endangered Species Act of 1973, the Corps 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 determines that the proposed project would not affect federally listed
endangered or threatened species or their formally designated critical habitat.
❑ The Corps determines that the proposed project may affect federally listed endangered or
threatened species or their formally designated critical habitat.
❑ By copy of this public notice, the Corps initiates consultation under Section 7 of the
ESA and will not make a permit decision until the consultation process is complete.
❑ The Corps will consult under Section 7 of the ESA and will not make a permit
decision until the consultation process is complete.
❑ The Corps has initiated consultation under Section 7 of the ESA and will not make a
permit decision until the consultation process is complete.
❑ The Corps determines that the proposed project may affect federally listed endangered or
threatened species or their formally designated critical habitat. Consultation has been
completed for this type of activity and the effects of the proposed activity have been
evaluated and/or authorized by the National Marine Fisheries Service (NMFS) in the
South Atlantic Regional Biological Opinion or its associated documents, including 7(a)
(2) & 7(d) analyses and Critical Habitat assessments. A copy of this public notice will be
sent to the NMFS.
® The Corps 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. The Corps will make a final determination on the effects of
the proposed project upon additional review of the project and completion of any
necessary biological assessment and/or consultation with the U.S. Fish and Wildlife
Service and/or National Marine Fisheries Service.
Version 7.8.2014 Page 8

The FWS will be notified via Public Notice about the project and will be given the opportunity to
comment on the project and its potential effects on threatened and endangered species.
The District Engineer's final effect determination will be based upon submitted comments to this
public notices from FWS; and further coordination with the FWS, as appropriate and required;
and with full consideration given to the proposed undertaking's potential direct and indirect
effects on federally threatened or endangered listed species and/or their formally designated
critical habitat within the Corps' permit area.
Other Required Authorizations
The Corps forwards this notice and all applicable application materials to the appropriate State
agencies for review.
North Carolina Division of Water Resources (NCDWR): The Corps will generally not make
a final permit decision until the NCDWR issues, denies, or waives the state Certification as
required by Section 401 of the Clean Water Act (PL 92-500). The receipt of the application and
this public notice, combined with the appropriate application fee, at the NCDWR Central Office
in Raleigh constitutes initial receipt of an application for a 401 Certification. Unless NCDWR is
granted a time review extension, a waiver will be deemed to occur if the NCDWR fails to act on
this request for certification within sixty days of receipt of a complete application. Additional
information regarding the 401 Certification may be reviewed at the NCDWR Central Office,
401 and Buffer Permitting Unit, 512 North Salisbury Street, Raleigh, North Carolina 27604-
2260. All persons desiring to make comments regarding the application for a 401 Certification
should do so, in writing, by February 20, 2020, to:
NCDWR Central Office
Attention: Mr. Paul Wojoski, 401 and Buffer Permitting Unit
(USPS mailing address): 1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Or,
(Physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604
North Carolina Division of Coastal Management (NCDCM):
❑ The application did not include a certification that the proposed work complies with and
would 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 cannot issue a
Department of Army (DA) permit for the proposed work until the applicant submits such a
certification to the Corps and the NCDCM, and the NCDCM notifies the Corps that it
concurs with the applicant's consistency certification. As the application did not include the
consistency certification, the Corps will request, upon receipt, concurrence or objection from
the NCDCM.
® Based upon all available information, the Corps determines that this application for a
Department of Army (DA) permit does not involve an activity which would affect the coastal
zone, which is defined by the Coastal Zone Management (CZM) Act (16 U.S.C. § 1453).
Version 7.8.2014 Page 9

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 consolidated 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.
The Corps of Engineers, Wilmington District will receive written comments pertinent to the
proposed work, as outlined above, until 5pm, February 20, 2020. Comments should be submitted
to:
Mr. David Brown
USACE Wilmington District
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina, 28801-5006
Version 7.8.2014 Page 10

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NORTON ATHLETIC FIELDS
WETLANDS IMPACT BULLETIN
DECEMBER 2019
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PROPOSED OPEN WATER IMPACT
(20,580 SF) (0.47 AC)
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SECTION B
PROPOSED WETLAND IMPACT: 0.35 AC
PROPOSED ISOLATED OPEN WATER IMPACT: 0.47 AC
PROPOSED STREAM IMPACT: 0 LF
APPROXIMATE LIMIT OF DISTURBANCE: t8.5 AC
Figure 5
NC
#: C-2184
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