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
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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.
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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-
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