20120658 Ver 1_Public Notice_20120710

PUBLIC NOTICE
US Army Corps
Of Engineers Issue Date July 10 2012
Wilmington District Comment Deadline August 9 2012
Corps Action ID # SAW 2012 01043
The Wilmington District Corps of Engineers (Corps) has received an application from Mr
Paul Manning of Duke University Facilities Management Department seeking Department
of the Army authorization to permanently impact 1 674 linear feet of warm water perennial
stream This impact is associated with the construction of the Duke University Water
Reclamation Pond on the Duke University West Campus southwest of downtown Durham
in Durham 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 http //www saw usace army mil/Wetlands/Notices/Current—notices html
Applicant Duke University
Facilities Management Department
Mr Paul Manning
114 S Buchanan Boulevard
Durham NC 27701
Agent EcoEngmeermg
Mr Kevin Yates
2905 Meridian Parkway
Durham NC 27713
Authority
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 Duke University Water Reclamation Pond is proposed on an approximately 13 acre
tract located on the Duke University West Campus adjacent to Chiller Plant #2 east of
Erwin Road north of Towerview Road and west of Circuit Drive southwest of downtown
Durham North Carolina The Reclamation Pond site contains two perennial streams which
both drain to Sandy Creek in the Cape Fear River Basin (8 Digit Cataloging Unit
03030002) Latitude and Longitude in Decidegrees of the site is 36 003 N and 78 949 W

The applicant is also proposing onsite compensatory stream mitigation on the Duke
University Central Campus approximately 1 5 miles southwest of the Reclamation Pond
site The mitigation involves restoration and enhancement of 3 249 linear feet of a
perennial stream that crosses under and roughly parallels Campus Drive startingjust
south of NC 147 (Durham Freeway) (upstream end) crossing under Swift Avenue and
ending just east of Oregon Street (downstream end) The stream drains to Sandy Creek in
the Cape Fear River Basin (8 Digit Cataloging Unit 03030002) and the approximate
Latitude and Longitude in Decidegrees of the mitigation site is 35 9995 N and 78 922 W
Existing Site Conditions
The overall setting for both the Reclamation Pond and the stream mitigation sites is a
highly developed urban university campus with a high percentage of impervious surface
with some undisturbed woodlands and maintained grass areas The Reclamation Pond
project site contains two perennial streams (Tributary A 1 431 linear feet Tributary B
243 linear feet (Total drainage area approximately 264 acres) Both streams are deeply
incised relatively straight channels that are typically found in urban settings in the
piedmont The streams scored ratings of Strong for macrobenthos and crayfish Moderate
for amphibians and Moderate /Weak for fish on a North Carolina Division of Water
Quality Stream Identification Form (Version 4 11) that was completed by
EcoEngineermg in 2011 There are no wetlands on the Reclamation Pond site The
streams have wooded buffers and the overall impact site is classified as a Dry Mesic
Oak Hickory Forest and is almost completely wooded Just outside the stream buffer at
the northeastern corner of the Reclamation Pond site is a paved parking lot adjacent to
Chiller Plant #2
The stream mitigation site contains 3 249 linear feet perennial stream with a drainage
area of approximately 140 acres The stream within the mitigation site has only two
tributaries an intermittent tributary with a confluence Just below the Campus Drive
culvert crossing and a perennial tributary at lower end of the stream near Oregon Street
There are no wetlands in the mitigation project area The majority of the stream
mitigation project area between the existing stream and Campus Drive is a maintained
area with many mature trees and some scattered open areas but very little ground
vegetation other than grass The area directly adjacent to the stream and away from
Campus Drive is generally naturally wooded (mixed pine and hardwood) with a dense
understory A sewer line easement crosses the mitigation stream between the Campus
Drive culvert crossing and Swift Avenue and another sewer line easement lies dust
outside the fifty foot buffer of the existing stream from near the encroaches into the
buffer of the existing stream from near the Campus Drive culvert crossing to Swift
Avenue and encroaches into the fifty foot buffer of the existing stream from Swift
Avenue to the lower end of the mitigation project near Oregon Street
14

Applicant's Stated Purpose
The project purpose is to provide a consistent non potable water source for a centralized
chiller plant for Duke University and offset demand to the City of Durham s drinking
water supply
Project Description
The activity involves the construction of dam outlet structure and 5 52 acre water
supply impoundment for a water reclamation pond This construction would permanently
impact 1 431 linear feet and 243 linear feet respectively of two perennial streams for a
total of 1 674 linear feet The pond would provide a consistent non potable water source
for Duke University s centralized chiller plant and offset demand to the City of Durham s
drinking water supply Duke University is currently the largest water customer for the
City of Durham Duke s chiller plant loop system which is the air cooling systems for
the campus is the largest consumer of potable water on the campus (approximately 116
million gallons for 2011) although potable water is not required for its operation Duke
projects that the chiller plant system will require approximately 198 million gallons per
year by 2020 due to growth and expanded use of the system for existing buildings
An earthen dam with a spillway and outlet structure would be constructed on Tributary
A approximately 170 feet north of Towerview Drive and the upper end will be filled and
graded to form the embankment for the pond with a total permanent fill of 723 linear feet
of Tributary A A portion of Tributary B (162 linear feet) will also be permanently filled
and graded to form the embankment The remaining portions of Tributaries A (708 linear
feet) and B (81 linear feet) will be graded to form the impoundment of the pond for a
total open water impact of 789 linear feet and a total permanent stream impact for the
pond of 1 674 linear feet
3 249 of a perennial unnamed tributary to Sandy Creek will also be permanently
impacted for onsite stream mitigation as described below
Duke University has evaluated alternatives to its proposed activity including the
following
No Action (Constructing additional water supply with no waters impacts
Using the current potable water supply (no change except for continued water use
reduction and efficiency efforts)
Combinations of up to eight pond sites including the site for the proposed
activity
3

The proposed activity also includes continued water conservation efforts that have
already been started at Duke University including use of gray water for make up water
that is used in the chiller plant system and use of on site wells with limited capacity
To mitigate for the anticipated impacts the applicant has proposed pond design elements
to minimize impacts (I A wetland bench along the edge of the pond 2 A minimal flow
release from the pond that is not required by regulation 3 A riprap apron spillway to
provide diffuse flow and oxygenation and 4 Leaving or restoring a vegetated riparian
buffer around the pond beyond the greenway and maintenance trail on the pond edge) as
well as compensatory mitigation at a 1 5 1 ratio in the form of permittee responsible
stream mitigation on the Duke University Central Campus The applicant proposes to
provide 3 004 linear feet of restoration and 245 linear feet of enhancement on 2 941
linear feet of perennial urban stream The proposal reduces both restoration and
enhancement credits in certain areas as shown on the attached figures because of
parallel and perpendicular sewer easement encroachments and a parallel encroachment
of Campus Drive into the 50 foot vegetated buffer
More details of the alternatives evaluation conservation efforts and mitigation plan are
available by contacting the U S Army Corps of Engineers Regulatory Field Office at
3331 Heritage Trade Drive Suite 105 Wake Forest North Carolina 27587 (Call ahead to
arrange a time for review) or by requesting that copies be sent to you by calling ((919)
554 4884 ext 23)
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 9th Floor 512 North Salisbury
Street Raleigh North Carolina 27604 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 Karen Higgins by
July 31 2012
4

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 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 August 9 2012 Comments
should be submitted to Eric Alsmeyer Raleigh Regulatory Field Office 3331 Heritage
Trade Dr Suite 105 Wake Forest NC 27587

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