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Home My WebLink About20120517 Ver 1_Public Notice_20120516i PUBLIC NOTICE US Army Corps Of Engineers Wilmington District Issue Date May 16 2012 Comment Deadline June 15 2012 Corps Action ID # SAW 2012 00518 The Wilmington District Corps of Engineers (Corps) has received an application from Minkles LLC David Gibbons seeking Department of the Army authorization to impact approximately 614 linear feet of stream and 0 006 acre of wetlands associated with expansion of the existing Electrolux site in Fletcher Buncombe 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 mil /wetlands Applicant Mmkles LLC Mr David Gibbons 400 South Record Street Suite 1250 Dallas Texas 75202 AGENT (if applicable) Authority Altamont Environmental Inc Mr Joel Lenk 231 Haywood Street Asheville North Carolina 28801 The Corps will evaluate this application and decide whether to issue conditionally issue or deny the proposed work pursuant to applicable procedures Section 404 of the Clean Water Act (33 U S C 1344) Location The project area is located within the Electrolux industrial site at 1310 Fanning Bridge Road south of Asheville in Fletcher Buncombe County North Carolina (35 433665 N 82 533181 W) Existing Site Conditions The 38 acre project site is zoned industrial and currently houses an Electrolux manufacturing facility The site contains unnamed tributaries to Higgins Branch which flows into the French Broad River and a small wetland approximately 0 006 acre in size The site is partially wooded between the facility and Airport Road (NCSR 280) The site has historically been impacted from the construction of Interstate 26 and past development of the Electrolux facility The stream proposed for impact is a 614 linear feet of perennial stream that has been channelized in sections is incised and is eroding The stream has been manipulated in the past and has partial flow diverted into an existing storm water pond Applicant's Stated Purpose Based on the information provided by the applicant the basic project purpose is to expand the existing Electrolux building to accommodate additional manufacturing and shipping capabilities Project Description The proposed project includes construction of a 300 000 square foot addition onto the existing 400 000 square foot facility The existing building will be expanded in two areas One area will occur to the southwest of the building and will be approximately 100 000 square feet the second area will occur to the northwest of the building and will be 200 000 Additionally the shipping entrance will be reconfigured to have an entrance off of Highway 280 instead of Fanning Bridge Road The expansion will impact 614 linear feet of stream and 0 006 acre of wetland The applicant proposes to mitigate at a 1 1 ratio in the form of payment to the North Carolina Ecosystem Enhancement Program ( NCEEP) for 614 linear feet of stream channel impacts By letter dated April 17 2012 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 June 15 2012 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 Cherokee Douglas Nolichucky and French Broad 2 3726 E Morris Boulevard 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 I GRT Gray Tennessee 37615 Questions or comments regarding Section 26a permit requirements should be directed to the above address 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 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 is not aware of the presence of species listed as threatened or endangered or their critical habitat formally designated pursuant to the Endangered Species Act of 1973 (ESA) within the project area A final determination on the effects of the proposed project will be made upon additional review of the project and completion of any necessary biological assessment and /or consultation with the U S Fish and Wildlife Service and /or National Marine Fisheries Service ' 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 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 Corps of Engineers Wilmington District until 5pm June 15 2012 submitted to Tasha McCormick Asheville Regulatory Field Office 208 Asheville North Carolina 28801 5006 9 will be received by the Comments should be 151 Patton Avenue Room