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