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Home My WebLink About20071841 Ver 3_Other Agency Comments_2010072101-841 03 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 151 PATTON AVENUE ROOM 208 ASHEVILLE, NORTH CAROLINA 28801-5006 RMY TO ATTENTION OF: July 19, 2010 Regulatory Division Action ID. SAW-2010-00036 JUL L' 1 20;0 Mr. Lew Bleisweis Asheville Regional Airport Authority 61 Terminal Drive, Suite 1 Asheville, North Carolina 28732 Dear Mr. Bleisweis: WrL h o L&- o la.J'f1G0" 6,- ?. qJ111 ,ENR . WATER QUO,LITY WETLANDS AND STOR,%%-AcATER BRANCH Reference is made to your May 2, 2010, Department of the Army permit application in which you requested a permit for impacts to 1,260 linear feet of stream channels for the construction of an air cargo transport facility at the Asheville Regional Airport, in Asheville, Buncombe County, North Carolina. The purpose of this letter is to provide you with comments received in response to the Public Notice dated May 20, 2010 and request that additional information be submitted to continue the review of your permit request. By letter dated June 18, 2010, the North Carolina Wildlife Resource Commission (NCWRC) provided comments in response to the Public Notice which are attached for your review. NCWRC noted that the French Broad River near the airport location supports a cool water fishery to include smallmouth bass and muskellunge. NCWRC acknowledged that the stream channels proposed for impact are considered poor quality and have been degraded due to storm water run-off from the airport facility. NCWRC recommended that any airport expansion projects be permitted collectively versus a phased approached. NCWRC also recommended that the proposed mitigation plans should be supplemented with adequate storm water management practices and restoration of a downstream, unstable/degraded stream channel. We also received comments from the Eastern Band of Cherokee Indians (EBCI) and the North Carolina State Historic Preservation Office (SHPO) dated June 29, 2010 and June 11, 2010 respectively. EBCI commented that the project is located within the aboriginal territory of the Cherokee People and that cultural resources important to the Cherokee may be threatened/disturbed as a result of the project. EBCI requested that all archaeological and cultural resources investigations, including a Phase I survey be forwarded to their office for review and comment. SHPO commented that they have no record of past archaeological surveys in the project area and that there is a high probability of the presence of prehistoric or historic archaeological sites within the project area. SHPO recommended that the project area be surveyed and the results be forwarded to their office for review. We concur with the comments -2- provided by both the EBCI and SHPO and request that an archaeological survey be conducted on the project site where new ground disturbance is proposed. The results of that survey should be forwarded to both the EBCI and SHPO for review upon completion. Based upon the application submitted, we believe that the project purpose/need and alternatives analysis is adequate to continue the review of your application. However, please provide clarification as to why the previously permitted General Aviation facilities which includes hangars, parking, and office space on the east side of the runway would not provide the needed facilities for the proposed cargo expansion area. In regards to avoidance and minimization efforts, it appears Impact Area #2 (375 linear feet) could be avoided by reducing the parking areas associated with the hangar facility. Please provide information regarding further minimization efforts in this area. With regards to the use of fly ash as fill material, please provide documentation indicating that this material will not be placed within 50-feet of any surface water. Specifically, the stream channel located in the northwestern corner of the project is proposed to be avoided; however, it is unclear as to how close the fill slopes will be to this surface water. We have also reviewed your mitigation plan and believe it is adequate to compensate for the proposed impacts. As proposed, your mitigation plan is in accordance with the Wilmington District's Interagency Stream Mitigation Guidelines (2003) and the recently published federal rule entitled Compensatory Mitigation for Losses of Aquatic Resources (33 CFR Part 332). The requested information should be submitted within 30 days from the date you receive this letter. If we do not receive a response, we will assume that you longer wish to pursue this project and withdraw your permit request. If you have any questions, please contact me at (828)- 271-7980, extension 226. Sincerely, Tasha McCormick Project Manager Asheville Regulatory Field Office Enclosures Copy Furnished with enclosures: Ms. Rebekah Newton C1earWater Environmental Consultants, Inc. 718 Oakland Street Hendersonville, North Carolina 28791 -3- Copies Furnished without enclosures: Mr. Ian McMillan North Carolina Division of Water Quality 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Tyler Howe Eastern Band of Cherokee Indians Tribal Historic Preservation Office Post Office Box 455 Cherokee, North Carolina 28719 Ms. Renee Gledhill-Early State Historic Preservation Office 4617 Mail Service Center Raleigh, North Carolina 27699-4617