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HomeMy WebLinkAbout20110695 Ver 1_Public Notice_20111005Dennison, Laurie From: Wallace, Nancy SAW [Nancy.Wallace@usace.army.mil] Sent: Wednesday, October 05, 2011 11:48 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.anny.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: October 5, 2011 COMMENT DEADLINE: October 19, 2011 CORPS ACTION ID#: SAW-2011-01636 PROJECT DESCRIPTION: The Wilmington District, U.S. Army Corps of Engineers has received an application from The Town of Sparta seeking Department of the Army authorization to impact 0.41 acre of wetland to construct a stormwater best management practices/wetland enhancement project to improve downstream water quality, attenuate storm flows and reduce erosion and increase storage in Sparta, Alleghany County, North Carolina. POC: Tasha McCormick, telephone (828) 271-7980 extension 226 Expiration Date: 5:00 p.m., October 19, 2011 1 1t-0L" gS PUBLIC NOTICE US Army Corps Of Engineers Wilmington District Issue Date: October 5, 2011 Comment Deadline: October 19, 2011 Corps Action ID #: 2011-01636 The Wilmington District, Corps of Engineers (Corps) has received an application from the Town of Sparta seeking Department of the Army authorization to impact 0.41 acre of wetland to construct a stormwater best management practices (BMP) to control volume and improve water quality in Sparta, Alleghany 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.army.i-nil/wetiands Applicant: Town of Sparta Bryan Edwards 304 South Main Street Sparta, North Carolina 28675 AGENT: Jacob Byers 8000 Regency Parkway Suite 200 Cary, North Carolina 27518 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 behind the Skyline Telephone Membership Corporation building at 199 Grayson Street, Sparta, Alleghany County, North Carolina (36.509944° N, -81.121586° W) Existing Site Conditions The project area is an undeveloped, open, and unforested parcel approximately 2.29 acres in size. The site contains one wetland (approximately 0.41 acre) that drains to an unnamed tributary to Bledsoe Creek. The adjacent lands consist of residential and commercial development, a school, and athletic fields. The site receives a large amount of stormwater runoff from the surrounding lands. Applicant's Stated Purpose The purpose of this project is to improve downstream water quality, attenuate storm flows, to reduce erosion and increase storage, and to enhance the existing on-site wetland. The applicant proposes to meet this purpose by constructing a storm water BMP. Project Description The applicant plans to permanently impact 0.41 acre of wetland to create stormwater BMP/wetland enhancement project intended to control stormwater volumes and improve water quality of stormwater prior to entering the downstream unnamed tributary. Berms are to be constructed of on-site material and will serve to create 3 wetland cells that will be controlled by large CMP riser outlet structures. Areas within the wetland cells will be excavated to create micro-topography zones within the wetlands. These areas will serve to remove pollutants from the incoming stormwater. No mitigation is proposed for the project. The wetlands that will be impacted are considered low-quality due to lack of vegetation and past historical disturbances. The wetlands on-site will be expanded and their functional capacity increased to treat the quantity and quality of storm water entering the site. The project is located within the Upper New River Basin (HUC 05050001). 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 October 19, 2011. 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. -2- 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. The Corps has already received comments from the State Historic Preservation Office. By letter dated May 17, 2011 that stated, "We have conducted a review of the project and are aware of no historic resources which would be affected by the project." 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 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. -3- 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, October 19, 2011. Comments should be submitted to Tasha McCormick, Asheville Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville, North Carolina, 28801-5006. -4- ?:. {?. N N \a ? C anS° Cyr t s° a .I. 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