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HomeMy WebLinkAbout20071841 Ver 4_Public Notice_20110624Dennison, Laurie From: Wallace, Nancy SAW [Nancy.Wallace@usace.army.mil] Sent: Friday, June 24, 2011 10:30 AM Subject: Notification of a Public Notice from Wilmington District Regulatory Division, US Army Corps Of Engineers As you requested, you are hereby notified that Wilmington District, United States Army Corps of Engineers has issued a Public Notice. The text of this document can be found on the Public Notices portion of the Regulatory Division Home Page. Each Public Notice is available in ADOBE ACROBAT (.pdf) format for viewing, printing or download at http://www.saw.usace.army.mil/wetlands/notices/current notices.html. As with anything you download from the internet, be sure to check for viruses prior to opening. The current notice involves: PUBLIC NOTICE ISSUE DATE: June 24, 2011 COMMENT DEADLINE: July 25, 2011 CORPS ACTION ID#: SAW -2010-00036 PROJECT DESCRIPTION: The Wilmington District, U.S. Army Corps of Engineers has received an application from Asheville Regional Airport Authority seeking Department of the Army authorization to impact 2,076 linear feet of stream and 0.9 acre of wetlands associated with the rehabilitation of the existing runway and development of a cargo facility with associated infrastructure at the existing Asheville Regional Airport, in Buncombe County, North Carolina. A Public Notice was previously issued for this project on May 20, 2010. The application was subsequently withdrawn pending modification and re -submittal. POC: Tasha McCormick, telephone (828) 271-7980 extension 226 Expiration Date: 5:00 p.m., July 25, 2011 US Army Corps Of Engineers Wilmington District o 1- 1 8 y 1 U4 - PUBLIC NOTICE Issue Date: June 24, 2011 Comment Deadline: July 25, 2011 Corps Action 11) #: SAW -2010-00036 The Wilmington District, Corps of Engineers (Corps) has received an application from Asheville Regional Airport Authority seeking Department of the Army authorization to impact 2,076 linear feet of stream and 0.9 acre of wetlands associated with the rehabilitation of the existing runway and development of a cargo facility with associated infrastructure at the existing Asheville Regional Airport, in Buncombe County, North Carolina. A Public Notice was previously issued for this project on May 20, 2010. The application was subsequently withdrawn pending modification and re -submittal. 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.army.mil/wetlands. Applicant: Asheville Regional Airport Authority Mr. Lew Bleisweis 61 Terminal Drive, Suite 1 Fletcher, North Carolina 28732 AGENT (if applicable): Clearwater Environmental Consultants Mr. R. Clement Riddle, P.W.S. 224 South Grove Street, Suite F Hendersonville, North Carolina 28792 Authority The Corps will evaluate this application and decide whether to issue, conditionally issue, or deny the proposed work pursuant to applicable procedures of Section 404 of the Clean Water Act (33 U.S.C. 1344). Location The project area is located within the Asheville Airport boundaries, adjacent to existing airport facilities, south of Asheville, in Fletcher, Buncombe County, North Carolina (35.424805°N, -82.543073°W). In general, the site is bordered to the north and east by the existing airport, to the south by Airport Road, and to the west by the French Broad River. Existing Site Conditions The project site consists of existing airport facilities and infrastructure, grassed areas maintained by the airport and adjacent to the existing runway, small pockets of wooded areas, agricultural test plots for the NC Department of Agriculture's Mountain Horticultural Corps Research Station, the Asheville Police Department gun range, and the Broadmoor Golf Links. The site is relatively flat with an average elevation of approximately 2,100 feet above mean sea level (MSL). Streams within the project boundary are unnamed tributaries to the French Broad River and are considered relatively permanent waters that drain into navigable waters. The French Broad River is a navigable -in -fact water at the Wilson Bridge east of Brevard. The unnamed tributaries are classified by the NC Division of Water Quality (DWQ) as class "B" waters. A "Notification of Jurisdictional Determination" was issued by the US Army Corps of Engineers (Corps) on January 22, 2010 and February 9, 2011 under Action ID 2010-0036. The total stream length on- site is approximately 16,629 linear feet. Stream channels on-site are perennial and intermittent with relatively permanent flow and are considered fair to poor quality. A majority of the stream channels have little to no riparian buffer, excessive sediment, and little in -stream aquatic habitat. Stream channel features associated with Impacts 42 and #4 are located parallel to the existing runway and mainly serve as storm water conveyances through very linear features. Stream channels associated with Impacts #6 thru #8 are located in wooded areas immediately down slope of the existing runway. The stream channel associated with Impacts #6 and #8 has some minor erosion and is located in a forested area creating a good riparian buffer. The stream channel associated with Impact #7 has excessive algae growth and little to no aquatic life. There are small pockets of wetlands located within the project boundary which total 5.15 acres. Several of the wetland areas are linear features that receive and transport storm water runoff. The smallest wetland is a linear wetland (approximately 0.04 acre) that drains into the southern -most unnamed tributary. The largest wetland on site it approximately 2.6 acres and is located west of Old Fanning Bridge Road. There are three wetland impacts associated with the project at Impact locations #1, #3, and #5. These wetlands are parallel to the existing runway and transition from a headwater herbaceous wetland to a stream and then back to a linear wetland. Vegetated and less disturbed wetlands on the site include forested and scrub -shrub types. Common species identified in on-site wetland habitats include: red maple, tag alder (Alnus serrulata), sedges (Carex spp.), ironwood (Carpinus caroliniana), smooth rush (Juncus effuses), Joe-pye weed (Eupatorium spp), jewelweed (Impatiens capensis), smartweed (Polygonum spp.), black willow (Salix nigra), elderberry (Sambucus 6 canadensis), and woolgrass (Scirpus cyperinus). There is also and open water pond in the project boundaries which totals 1.1 acres. The project area is located within the Mountains physiographic region of North Carolina and more specifically the Broad Basins Ecoregion. Soils in this ecoregion are characterized by the published U.S. Department of Agriculture Soil Survey as mostly deep, well -drained, loamy to clayey Ultisols, although there are variations between the uplands, the high and low terraces, and the floodplains. Soil series present on site include: Biltmore, Clifton -Urban Land complex, Dillard, Hemphill, Iotla, Kanuga-Swannanoa complex, Rosman, Statler, Tate, Udorthents, Udorthents-Urban Land complex, and Unison. 2 Wildlife species inhabiting the site are limited to small mammals, birds, and aquatic species that may be present in the small streams on site. The airport property is surrounded by a 16 -foot high wildlife fence and a heavily maintained grass safety area. For airport safety, this fence restricts large wildlife from entering the airport property. Aerial impacts from airplane traffic also limit the amount of wildlife utilizing the area. Although site-specific studies and inventories documenting species utilization of the project area have not been conducted, general observations of wildlife use were recorded during the wetland and stream delineation. Applicant's Stated Purpose Based upon information provided by the applicant, the basic project purpose is rehabilitation of the existing runway and construction of a cargo facility. The applicant seeks to conduct this work utilizing existing infrastructure and minimizing/eliminating any disruptions in airport operations during construction. Project Description The proposed project includes the rehabilitation of the existing runway aided by the construction of a parallel taxiway. The proposed project also includes the construction of a cargo area which includes a small taxiway, cargo apron, a warehouse/cargo building, truck loading docks and associated infrastructure. The cargo area can be constructed without completion of the parallel taxiway and runway rehabilitation. The applicant proposes to complete impacts in two phases. Phase 1 will include impacts for the cargo area and associated infrastructure (to take place immediately after permit issuance) and Phase 2 will include impacts associated with rehabilitation of the existing runway (estimated to begin in 2013). Stream and wetland impacts for both phases total 2,076 linear feet of stream channel and 0.9 acre of wetlands. Due to the time it will take to complete this project, the applicant is requesting a permit authorization for ten years. For the cargo facility and associated infrastructure, the applicant proposes to permanently impact 1,505 linear feet of stream channel. There are 3 permanent stream impacts associated with development of the cargo area: Impact #6 totals 850 linear feet, Impact 47 totals 375 linear feet and Impact #8 totals 280 linear feet. Upland fill areas for the project will include fly ash from the Progress Energy power plant at Lake Julian in Buncombe County. All fly ash fill material will be handled, utilized, and placed in accordance with rules and regulations outlined in 15A NCAC 13B administered by the State of North Carolina. Only clean fill material (including culverts and French drains) will be used to fill streams and wetlands; fly ash will not be used in these areas. The cargo area also includes a stormwater pond west of Old Fanning Bridge Road which includes Impact #8. For rehabilitation of the existing runway, the applicant proposes to permanently impact 575 linear feet of stream channel and 0.9 acres of wetland. The applicant is proposing to construct a parallel taxiway that will be used as a temporary runway during the old runway's rehabilitation. There are 5 permanent stream and wetland impacts associated with development of the parallel taxiway as described in the table below. Upland fill areas for this portion of the project will also include fly ash from the Progress Energy power plant at Lake Julian. Stream Wetland Impact LF 2 421 4 150 Total 571 Impact Acre 1 0.12 3 0.27 5 0.51 Total 0.9 The applicant has proposed to mitigate at a 1:11 ratio in the form of payment to the North Carolina Ecosystem Enhancement Program (NCEEP) for 2,076 linear feet of stream channel impacts and 0.9 acre of wetlands impacts. By letter dated June 1, 2011, NCEEP has indicated they are willing to accept payment and provide mitigation for the proposed impacts. The impacts are located in the French Broad River Basin (HUC 06010105) and NCEEP has indicated they have credit available in the same basin. 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, 512 North Salisbury Street in Raleigh, North Carolina. 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 July 25, 2011. In addition, this project may be located in a watershed subject to Tennessee Valley Authority (TVA) permit requirements pursuant to Section 26a of the TVA Act. This Public Notice and all application materials are being forwarded to the Holston -Cherokee -Douglas Watershed Team. Cherokee, Douglas, Nolichucky and French Broad, 3726 E Morris Blvd, MOC IA -MOT Morristown, Tennessee 37813-1270 and Boone, Bristol Project, Fort Patrick Henry, South Holston, Watauga and Wilbur, 106 Tri -Cities Business Park Drive, WTR 1A -GRT, Gray, Tennessee 37615. Questions or comments regarding Section 26a permit requirements should be directed to the above addresses or by calling (800) 882-5263. 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 4 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 Historic 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 and consulted the latest North Carolina Natural Heritage Database. Based on 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 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 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 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 5 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, July 25, 2011. Comments should be submitted to Ms. Tasha McCormick, Asheville Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville, North Carolina, 28801-5006. 0 Asheville Airport A07D 69`D�() f bo -9(419 Buncombe County, North Carolina 224 South Grove Street, Suite F Site Vicinity Map Figure 1 Asheville Airport K a,)-o'o~c)03(° Asheville Airport k --z> , a -oto - oD3(o Asheville Airport r' �vfo� eo3c� Legend Property Boundary Stream Culvert --- Linear Wetland SW Basin Wetland Previously Permitted 1 i f Area Not Delineated open Water NWI Wetlands Na 7 4 0 250 500 1,000 1,500 Feet Buncombe County, Cl-earWater Stream and Wetland North Carolina Map 224 South Grove Street, Suite F Figure 3a Hendersonville, North Carolina 28792 _ k k r- f , _ is U S i 4' F • 2 - r n kf s h j id 1 i � k + ` 1 � y K G': s Na 7 4 0 250 500 1,000 1,500 Feet Buncombe County, Cl-earWater Stream and Wetland North Carolina Map 224 South Grove Street, Suite F Figure 3a Hendersonville, North Carolina 28792 Asheville Airport Avz-�:, a-10 -©D3(p - lurtsdEc�ior>el wetlands sail �vate[s adenhf� an fLt�:maP have been tacafed within subniter aoct�iaCy nhliz�g a 7nmNfpmg 'Badeitbal Legend Pabiaanw$ �7yst7etn (CPS} � fhb 5ubsetil�nt �tra3 cor>•ec6oa ni'that , data GPPwdts mil delniorBtmie teicarectebte'amis due 4o topogatphy Property Boundary Stream ,������ and�trua�kr�a'4s.srBgalsa�atr ,� WL and ��ca�eoctsTapprozmate �e Culvert Linear Wetland ax a �aveboyi►Isad #a ieid; hovubvsr they �iava not hem staveyed Fiivaofumental Cot } coniade d h ; SW Basin Wetland Alt ioogh C1ear�Vater t�Ra+O�s�� 'pnC;assessmetrtg bhp iJSm Corps�of Pau+neers {t naps}�s tic only 2gency � that"can Mw, r,� ,stops. xe���t of ;Previously Permitted %Area Not Delineated ` t& US delineations TharGfore AL. rY' detemv4tahr�n$are subject. to . --- ahangepntil:vrdfenver�ficaacwS nblai>Yd. ce>ash =eo,ena5:thar Open Water NWI Wetlands wntten verificat�o #�e obamed;front the Corps -poor to tilosing on; the k roperiy beginning bn` s¢e wat1S or ma]o�g any ]op re.ia a on this detemuitatioa< s 0 250 500 1,000 1,500 h lhls xir qas prepared by ICED usmg the best i>¢orsnahon ttvaiMble to {)rC r Feet at B�sfXwe of inducttb A shotd#►aE bepused too This map is lar' mformatpnal piuposes sial} ..determine Arecae' 6amdatits, ��3'S. 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