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HomeMy WebLinkAbout20090430 Ver 3_Public Notice_20100913oq -0'?3o U3 M US Army Corps PUBLIC NOTICE Of Engineers Wilmington District Issue Date: September 10, 2010 Comment Deadline: September 27, 2010 Corps Action ID #: SAW-2009-00846 The Wilmington District, Corps of Engineers (Corps) has received an application fora modification to an existing permit from Johnston County Airport Authority seeking Department of the Army authorization to temporarily impact an additional 3.58 acres of riparian wetland, and permanently impact an additional 1.2 acres of riparian wetland and 133 linear feet of perennial stream channel. The total permanent impacts would be 8.93 acres of riparian wetlands and 818 linear feet of perennial stream channel. The total temporary impacts would be 3.75 acre of riparian wetlands. These impacts are associated with the extension of an airport runway safety area, northwest of Smithfield, in Johnston 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 www.saw.usace.arniv.mil/wetlands. Applicant: Johnston Count), Airport Authority 3149 Swift Creek Road Smithfield, NC 27577 Agent: Mr. Daniel Ingram SE P 1 0 W.K. Dickson & Co., Inc. 720 Corporate Center Drive Raleigh, NC 27607 Authority i . iu `rU1°s, sr'ouklry BPAVCh The Corps will evaluate this application and a decide whether to issue, conditionally issue, or deny the proposed work pursuant to applicable procedures Section 404 of the Clean Water Act. Location The project site is located just to the south of the intersection of Swift Creek Rd, and US Hwy 70 Business (W Market St), north west of Smithfield, Johnston County, North Carolina. The site Coordinates are 35.5436° N. 78.3895° W. -- existing Site Conditions The project site, known as Johnston County Airport, is an active airport consisting ofan asphalt runway, taxiways, apron areas, and hangers. The airport is positioned between two perennial streams. Reedy Branch runs along the north and east sides of the airport while Swift Creek runs along the west and south sides of the airport. These two streams converge in the south eastern corner of the property. The site is comprised of Bottomland Hardwood Forest along the floodplain of Swift Creek, flooded swamps along the floodplain of Reedy Branch. mixed hardwood/pine forests, agricultural land, and maintained grass areas around the runway. Applicant's Stated Purpose The applicant's stated project purpose is to enhance the safety of the airport operations by extending the Runway Safety area to meet safety requirements for larger aircraft, and add new hangers and corporate areas to meet the need of projected growth. Project Description The original permitted project includes the extension of a runway safety area, and the addition of a new corporate area. The runway safety area as permitted is to be 1000 feet long by 500 feet wide as required by the Federal Aviation Administration. This will result in the impact 685 linear feet of Reedy Branch from the placement of a triple box culvert and impacts to 7.73 acres of wetland from fill. Fill slopes will have a 4:1 slope ratio and consist ofdirt backfill compacted to specifications and extend across the wetland and into the upland. Upland areas outside of the stream buffer will have the stumps removed, grubbed and planted in turf-grasses. Wetland areas outside of the stream buffer will have the stumps retained though treated With a herbicide to prevent sprouts. The applicant will also build a temporary construction entrance and haul road that would temporarily impact 0.12 acres of wetland. This area will be returned to original grade and re-vegetated with an appropriate native wetland seed mix. The permitted Corporate Area Development consists of filling 10.31 acres of wetland to a level grade for proposed future construction of airplane hangar and parking. The applicant is now proposing to increase the temporary impacts to wetlands by 3.58 acres, permanent impacts to riparian wetlands by 1.2 acres, and permanent impacts to streams by 133 linear feet. All of the increased impacts are associated with the Runway Safety Area. 2 During the NC Land Quality permitting process it was determined that the temporary impacts would need to be increased to allow the placement of temporary sediment basins. Following the construction, these features would be removed. 'file disturbed area would he returned to preconstruction contours and planted with a permanent wetland seed mix. This would increase the temporary wetland impacts from 0.17 acres to 3.75 acres. The applicant is also proposing to place the proposed stream culvert offline, to allow for the existing Reedy Branch channel to remain open during construction. This would increase the stream impacts from 685 linear feet to 818 linear feet. The applicant is requesting an increase in riparian wetland impacts due to a calculation error wherein wetland impacts were not calculated within the riparian buffer. Correcting this error would result in an increase of riparian wetland impacts from 7.73 acres to 8.93 acres. The applicant has made an initial mitigation purchase from EBX Neu-Con Umbrella Wetland and Stream Mitigation Bank of 10.9 acres of Riparian wetland Mitigation Units. They are requesting that the remainder of the mitigation needs be procured from EBX instead of the North Carolina Ecosystem Enhancement Program, as originally permitted. These mitigation units would be purchased prior to the project construction. 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), 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Attention: Ms Cyndi Karoly by September 25, 2010. 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 will 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 The Corps has consulted the latest published version of the National Register of l listoric Places and is not aware that any registered properties, or properties listed as being eligible for inclusion therein are located within the project area or will be affected by the proposed work. Presently, unknown archeological, scientific, prehistoric, or historical data may be located within the project area and/or could be affected by the proposed work. Endangered Species The Corps has reviewed the project area, examined all information provided by the applicant, including a letter dated May 22, 2003, and an email from the US Fish and Wildlife Service dated May 28, 2003, and consulted the latest North Carolina Natural Heritage Database. Furthermore, the Corps has consulted with the US Fish and Wildlife Service by phone May 11, 2009. Based on this available information, the Corps has determined pursuant to the Endangered Species Act of 1973, that the proposed project will have no effect on federally listed endangered or threatened species or their formally designated critical habitat. 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 till 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. 4 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 Fngineers to determine whether to issue, modify, condition or deny a permit i()I• 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, September 27, 2010. Comments should be submitted to Mr. Thomas Brown, US Army Corps of Engineers, 3331 Heritage Trade Dr., Suite 105, Wake Forest, NC 27587, (919) 554-4884, Ext. 22. r.%r-nc1X/CI1 e APR 15 20 Hit ^ S°In lr tC` ?; 1>JI 8 ` ' r' , 6 F y '`' { , -?i1• "r: f.em •` .u ,+t Lt ?t 'N lc' Regulatory Bra , ? 1 ?? ? . a . l • .? j' P' y • .• l?' \?? 1 1' Proposed 620 LF l S T i l B C r ox ystem p u vert e i n - . I l Gr'el ?i tilt • J • c• Oakh Grw1F . J -' `. ?+- ? r r •? r ? ' ' t 1501 l .. jir. V - - ` l i r` I 'I , • Johnston County Airport ' /" ? j ) ,r r L OZ / Ce- S • y r chapel \ ,? ..\ - Johnston County --? ?' Qf• ?:• NTS Figure 1. 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