20200987 Ver 1_Public Notice_20200706

I I
US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: July 6, 2020
Comment Deadline: August 7, 2020
Corps Action ID Number: SAW-2015-00788
The Wilmington District, Corps of Engineers (Corps or USACE) received an application from
Mr. Jeff Ferguson of the North Carolina Wildlife Resources Commission (NCWRC or WRC)
seeking Department of the Army (DA) authorization for 7.5 acres (ac) of permanent impacts to
open waters (dredging and conversion to wetlands); 9.5-ac of temporary impacts to open waters
(access and erosion control); 1.1-ac of permanent impacts to wetlands (fill); and 3.0-ac of
temporary impacts to wetlands (access and erosion control), associated with dredging of the
recreational navigation channel between the Lake Adger public boat access area and the lake's
main channel adjacent to the Lake Adger marina in Mill Spring, Polk 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:
https://www.saw.usace.army.mil/Missions/Re u�ry-Permit-Program/Public-Notices/
Applicant: Mr. Jeff Ferguson
North Carolina Wildlife Resources Commission
1701 Mail Service Center
Raleigh, North Carolina 27699
AGENT (if applicable): Mr. Robert Cork
Anchor QEA of North Carolina, PLLC
231 Haywood 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)
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Location
Location Description:
The project site is located on an approximately 57 acre tract at the top of Lake Adger, east of
Lake Adger Road and south of the public boat access area, in Mill Spring, Polk County, North
Carolina. The site is approximately 0.3 miles north of the intersection of Lake Adger Road and
N. Highland Road
Project Area (acres)
Nearest Town:
Nearest Waterway:
River Basin:
Latitude and Longitude
Existing Site Conditions
57
Mill Spring
Green River / Lake Adger
Upper Broad (HUC 03050105)
35.3351 N,-82.23085 W
The 57-ac site is in the upper portion of Lake Adger. The lake is a 438-ac impoundment of the
Green River and was created in 1925 when the Blue Ridge Power Company built the dam at
Turner Shoals on the Green River. The dam is known as the Turner Shoals Dam and Northbrook
Hydroelectric (Northbrook) currently operates the hydroelectric power generation facilities at the
dam. Lake Adger is a drinking water source for Polk County and provides recreational boating,
swimming, and fishing use.
The full pond elevation of Lake Adger is 911.6 feet above mean sea level. The project site is
where the Green River enters Lake Adger. Since the creation of the lake, this area has developed
a braided channel system with channels separated by in -stream riparian wetlands and low upland
islands.
The project area is situated in the Piedmont phystographic province and is in the Southern Inner
Piedmont Ecoregion of North Carolina. The Piedmont province lays east of the Appalachian
Mountains and extends from Alabama to New Jersey. This province consists of rolling upland
with prominent monadnocks or inselbergs that are higher topographically on the landscape.
Waters at the project site are part of the Santee River system and are within the Upper Broad
River watershed (HUC 03050105). The Green River and Lake Adger (an impoundment the
Green River) are located at the project site. As designated by the North Carolina Department of
Environmental Quality (NCDEQ) — Division of Water Resources (DWR), surface waters at the
site are classified as critical area (CA), water supply IV highly developed (WS-IV), secondary
recreation class C aquatic life fresh water. The proposed project boundary contains the following
amounts of jurisdictional waters of the U.S. (WoUS):
Summary of Jurisdictional Waters
Aquatic Resource
Amount
Wetland
37.44 ac
O cn Water
19.69 ac
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Applicant's Stated Purpose
Maintenance dredging of the navigation channel is required to maintain adequate water depths in
the navigation channel for recreational use and to remove 3,000 cubic yards (cy) of sediment
related to the lower Big Hungry dam removal. Performing wetland and upland creation with
dredged material will enhance habitat within the lake footprint by extending existing wetland
areas. Enhancing natural functions can include serving to reduce frequency and intensity of
floods, thereby protecting the area against storm surges; providing critical habitat, breeding
grounds, and food resources for organisms; improving water quality; and offering commercial,
recreational, and aesthetic benefits.
Project Description
NCWRC is proposing maintenance dredging within the Lake Adger navigation channel to
remove accumulated sediment. The navigation channel provides public boat access from the boat
ramp at the western end of the project area to the main lake and is adjacent to the Lake Adger
marina. During the initial dredging activities in 2020/2021 an estimated 6,800 cy of sediment
will be dredged from the navigation channel and placed for beneficial use within the Lake Adger
footprint for habitat creation, specifically wetland creation and enhancement, or creation of
upland areas. Anticipated disturbance for the project area will be approximately 21.2 acres,
which includes the following:
Navigation channel dredging disturbance area: 4.5 acres
Material placement disturbance area: 16.7 acres, including 4.1 acres of dredged material
placement areas, allowance for sedimentation control, and access
Bathymetric and topographic surveys; delineations of jurisdictional waters; assessments of a
reference wetland and upland; sediment sampling study; geotechnical investigations; and
hydraulic modeling have been conducted as part of the pre -design investigation.
The proposed staging area for the project will be placed on the southwestern extent of the
existing public parking lot, adjacent to the public access boat ramp. The contractor will access
the lake from the public access boat ramp or a floating dock. Following dredging activities, the
parking lot will be restored to its current condition or developed for an alternative use, as
approved by applicable stakeholders.
The navigation channel dredging area is approximately 1,500 feet long, with a base width of 20
feet, slope of 1 (vertical) to 3 (horizontal), and elevation of 6 feet below the full pool elevation of
911.6 feet. The navigation channel will be widened in strategic locations to improve navigation
by removing 3,000 cy of sediment related to the lower Big Hungry dam removal. Hydraulic
dredging techniques are proposed, which will facilitate pumping of the dredged material over a
distance of approximately 1,500 feet directly to the material placement area. During operation of
the Turner Shoals Dam for power generation by Northbrook, the lake's surface elevation can
vary by 2 to 3 feet. Additionally, the lake can be drawn down and held at 5 feet below the normal
level. Northbrook will be consulted during the design stages to discuss managing the lake's
surface elevation during dredging and construction of the placement area.
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Throughout the project, the dredged material will be placed within the Lake Adger footprint as
beneficial use for habitat creation, specifically wetland creation and enhancement, or creation of
upland areas. Placing the material using hydraulic dredging discharge will allow placement of
dredged sediment within approximate depth and finished level ranges so that the design will
include areas of wetland and upland, channels and inlets, and various elevations to enhance
hydraulic connectivity to the lake to ensure frequent and prolonged presence of water at or near
the sediment surface, intermittent flooding, and diverse vegetation establishment. The proposed
design defined four areas for dredged material placement (A1 and A2, B1, and C1) with a total
estimated capacity for approximately 12,000 cy of sediment placement, up to full pool elevation.
During material placement, these cells will be bordered by up to three separate structures (as
shown in Sheet C5 of the design set):
An initial structure designed to hold the sediment in place will be constructed of
biodegradable and/or temporary containment materials. Containment materials may
include haybales stacked up to two layers high with a base width of two haybales, coir
fiber biologs, or an equally effective alternative. Containment materials will be secured in
place with biodegradable stakes, or an equally effective alternative method.
A second structure constructed similarly to the first will create a secondary dewatering
barrier to reduce sediment in discharged water.
After the two initial structures a silt curtain will be placed downgradient to assist with
sedimentation control.
Based on the submitted design, it is anticipated that the initially dredged 6,800 cy will be placed
in cells Al and A2. These two cells will allow improved management of the dewatering process
by allowing the discharge to be alternated between the two cells. For construction of cells Al
and A2, it is estimated that 840 feet of initial containment structures will be required, followed
by 700 feet of secondary containment structures, and up to 900 feet of silt curtain.
Following the initial dredging effort of 6,800 cy, additional capacity will remain in areas Al and
A2, B1, and C1 for future maintenance dredging events. These areas will only be delineated with
containment structures when needed for dredged material placement.
Establishing habitat including beneficial wetlands and upland, is a common approach in lakes,
rivers, and estuaries to stabilize shorelines, restore habitat, and beneficially use of dredged
materials. After the dredged sediment is placed in the cells, habitat establishment will include
native wetland and/or upland vegetation species dependent on the final elevation of placed
sediment. Placed sediment depth and final elevation will vary based on placement of the
hydraulic dredging discharge line, variable rates of passive dewatering, and compaction and
subsidence. Varied final elevations will promote establishment of plant species that differ in their
ability to withstand prolonged inundation or dry periods. The material's final elevation will be
determined with a finished level survey.
Native emergent wetland and upland species identified at the nearby reference wetlands will be
planted on the dredged material to stabilize the material and provide ecological benefits. in
addition to the planting, the site will be seeded with a wetland seed mix containing a variety
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obligate and facultative wetland species to provide additional species diversity and ground cover.
Non-native and invasive species will not be planted.
Planting will occur in the next suitable planting season following placement of the dredge
material to allow for passive dewatering and settlement. Plants will be 2-inch plugs and planted
on two -foot centers (i.e.: 10,890 plants per acre). During vegetation establishment, herbivory
control measures will be installed as required to reduce predation by wildlife and waterfowl.
Herbivory control measures are anticipated to include construction fencing attached to posts
around the perimeter of the planted area, and possible covering by a grid of wire/string to which
flagging tape is attached. Signage and flagging may be added as appropriate to minimize public
access until the plants have established resiliency to foot traffic and seasonal variations
(generally for one or two growing seasons).
Emergent wetland vegetation has relatively low tolerance for wave energy and currents because
they can break the plants and wash away finer material, making the substrate too coarse.
Therefore, the containment structures (such as hay bales or coir fiber biologs) will be left in
place until they biodegrade to allow establishment of vegetation. Following habitat establishment
and planting activities, the following monitoring activities are anticipated in the areas planted
and seeded with vegetation:
Herbivory controls, signage, and flagging will be inspected biweekly during the growing
season and repaired as needed.
Annual monitoring for 3 years to document vegetation coverage and establishment. The
details of the monitoring plan will be developed with input from regulatory agencies.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or minimize
impacts to the aquatic environment. Erosion control measures will include the use of silt curtains
to contain impacts to the project area and monitoring. The contractor will be trained in safety and
environmental procedures, which includes strict containment protocol to minimize the potential
for surface water impacts.
Turbidity will be monitored during the project using hand-held or automated turbidity meters to
record nephelometric turbidity units (NTU). Background data will be collected at a station
located upstream of the dredging and dredge material placement area. A monitoring location will
be established 1,000 feet downstream of dredging and material placement operations. During the
first week of operations data will be collected daily at the upstream background location, and
twice daily at the downstream monitoring location. The turbidity criteria will be turbidity
measured downstream of dredging operations, at the monitoring location are less than 50 NTUs
above turbidity measured at the upstream background location.
If turbidity downstream of dredging and dredge material placement operations is more than
100 NTUs above the upstream background location, it will trigger review/evaluation of the
activities and response actions. An evaluation will be conducted to assess the cause of the
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exceedance and the need for operational changes or other response actions. The evaluation may
result in one or more of the following actions, to be determined in the field:
• Increase frequency of monitoring at both background and downstream locations to hourly
• Review work operations and best management practices
• Identify additional best management practices to employ (e.g., additional containment
around the placement area)
• Reduce dredging and/or dredge material placement rate(s)
If no issues or exceedances are observed during the first week, data collection at the downstream
monitoring location will be reduced to once daily.
Compensatory Mitigation
The proposed project does involve temporary and permanent impacts to jurisdictional WoUS.
The temporary impacts to wetlands and open waters and the permanent impacts to open waters
will not result in functional losses to the aquatic environment within these jurisdictional
resources and will not result in a permanent loss of jurisdictional WoUS.
Upon completion and implementation of practical avoidance and minimization efforts, a total of
1.1 acres of permanent impacts to wetlands associated with dredging activities are unavoidable.
These impacts will result in a functional loss to the aquatic environment and result in a
permanent loss of jurisdictional WoUS.
The applicant does not propose compensation for the permanent wetland impacts, as the project
will result in a gain of wetlands and habitat development. Based upon the submitted design
approximately 2.5-3 acres of wetlands will be created in the dredge spoils disposal area.
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:
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❑ 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 property.
❑ 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.
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 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.
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❑ 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 (FWS) and/or National Marine Fisheries Service.
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.
Wild and Scenic Rivers
Pursuant to the Wild and Scenic Act of 1968, the Corps will review the proposed project
activities for potential impacts to designated Wild and Scenic Rivers. The project area is not
located in a component of the National Wild and Scenic River system or in a river officially
designated by Congress as a "study river" for possible inclusion in the system.
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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 August 7, 2020 to:
NCDWR Central Office
Attention: Mr. Paul Wojoski, 401 and Buffer Permitting Unit
(LISPS mailing address): 1617 Mail Service Center, Raleigh, NC 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.0
1453).
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
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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 (ETS) 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 will 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, August 7, 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
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