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HomeMy WebLinkAbout20070245 Ver 8_SAW-2007-00286-PN_20210406Version 6.15.2017 Page 1 PUBLIC NOTICE Issue Date: April 6, 2021 Comment Deadline: May 6, 2021 Corps Action ID Number: SAW-2007-00286 The Wilmington District, Corps of Engineers (Corps) received an application from USMC-Camp Lejeune seeking Department of the Army authorization to discharge fill into wetlands and streams, associated with a modification request at the MARSOC facility in Onslow 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: https://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Public-Notices/ Applicant: USMC-Camp Lejeune Jessi Baker 12 Post Lane Camp Lejeune, NC 28547 AGENT (if applicable): Land Management Group Kim Williams 3805 Wrightsville Ave Suite 15 Wilmington, NC 28403 Authority The Corps evaluates this application and decides whether to issue, conditionally issue, or deny the proposed work pursuant to applicable procedures of the following Statutory Authorities: Section 404 of the Clean Water Act (33 U.S.C. 1344) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413) Location Location Description: US Army Corps Of Engineers Wilmington District Version 6.15.2017 Page 2 Project Area (acres): + 50 Nearest Town: Sneads Ferry Nearest Waterway: New River River Basin: White Oak Latitude and Longitude: 34.57808N, -77.45495W Existing Site Conditions In 2007, the USMC-Camp Lejeune stood up a separate Command on the former Stone Bay Rifle Range called the Marine Corps Special Operations Command (MARSOC). This initial Command required an individual permit which has been built out and the MARSOC continues to evolve today as more Marines are assigned to the Command. The current modification request revolves around MARSOC’s Motor Transportation complex. The Transportation complex is located east of Rifle Range Rd (Hwy 210) and west of Stones bay in Camp Lejeune. It consists of many existing buildings and parking areas connected by multiple access roads. The P1288 Special Operations Force (SOF) Facility and Boat Maintenance & Storage Facility are in the southwestern part of the overall complex. The Large Vehicle Maintenance Storage Building is located in the central part of the complex. Freshwater wetlands are in much of the undeveloped areas between buildings. The development associated with the P1288 components are after the fact impacts a result of mis mapping during planning and construction. Version 6.15.2017 Page 3 Applicant’s Stated Purpose The proposed project is necessary to complete the SOF consolidation into MARSOC’s Stone Bay Complex. Obtaining adequate permanent facilities co-located at Stone Bay with the remainder of the MARSOC Force Structure (Headquarters, Regiment, Battalion, ranges, medical, billeting, and combat support elements) is stated as paramount to fully develop the SOF’s unique training and operational requirements. Related SOF assets and operations are currently located in inadequate interim facilities throughout MCB Camp Lejeune and Stone Bay. These assets and operations are awaiting this planned sequential phase of consolidation into purpose-built permanent facilities at Stone Bay. Project Description P1288 SOF CSS and the Auxiliary CSS Facility The P1288 (Special Operations Force CSS Facility and the Auxiliary CSS Facility) are part of the ongoing project under construction. This project includes a 4,090 SM (44,008 SF) Combat Service Support Facility, 930 SM (10,006 SF) ancillary buildings and miscellaneous supporting structures, utilities, parking, roadways, and site work. The structures will be single-story steel frame buildings with brick veneer over metal studs, standing seam metal roofs, metal soffits, and translucent wall panels. Built-in equipment includes gear storage cages, loading docks, compressors, mezzanine storage, overhead cranes, oil-water separators, and casework. Special construction features include pile foundations, surcharged sites, wetlands mitigation, and storm water best management practices. Electrical systems include primary power distribution, lighting, energy monitoring/control systems, intrusion detection system, telephone/data switch/server rooms, photovoltaic cells, electrical switch gear, transformers, circuits, and fire alarms. Mechanical systems include plumbing, fire protection, compressed air, dehumidification, air conditioning systems, energy management control systems, and digital controls. Information systems include telephone, data, local area network, mass notification and intercom. Site work will include building utility systems, traffic control, parking, domestic water, fire protection water, sanitary sewer, sewage conveyance, propane gas networks, perimeter security fencing, gates, storm water management, fiber/copper communications, and cable television, and area lighting. Special construction includes sustainable construction features. Unfortunately, wetland and channel impacts were not discovered until after this project broke ground and impacts had already occurred. Impacts to jurisdictional channels are needed for the installation of a stormwater pond and for grading adjacent to a parking area. Wetland impacts are needed for site grading north of the buildings due to the large area needed for tactical vehicle operations, maintenance, and storage. Boat Maintenance and Storage Facility (RR456) The Boat Maintenance and Storage Facility (RR456) is located just south of the P1288 Version 6.15.2017 Page 4 project area. It will consist of a single-story 18,000 total gross square foot, boat and engine repair and storage building and a large tactical vehicle parking area. The building will include spaces for rubber repair, engine repair, parts storage, life safety storage, boat storage, and spaces as needed for all necessary mechanical, electrical, telecom, and data equipment systems. The adjacency requirement with the neighboring buildings did not allow for great flexibility in the site location. The project is mainly west and north of the existing wetlands that are present south of the jogging trail. The development overlapped existing facilities being removed to the greatest extent possible. The impacts for the projects at this site are primarily due to stormwater facilities; however, a portion is needed for the tactical vehicle parking/storage area. Note that a portion of a channel within this area was previously impacted. This area will be restored and a pedestrian walkway will be constructed over it. Large Vehicle Maintenance Storage Building (RR469) The Large Vehicle Maintenance Storage Building (RR469) will consist of a single-story, 20,000 total gross square foot bulk storage facility that is organized around five single bay, caged storage areas and one multi-bay, caged storage area, each of which is served by a dedicated shipping/ receiving office. Within these storage areas, 12’x12’ and 12’x20’ interior caged storage spaces will be provided in accordance with the building program, and space for all necessary restroom, mechanical, electrical, and telecom systems are provided within the building enclosure. A separate, covered canopy structure is provided for weather protection charging of (3) forklift vehicles, required for the operation of this facility. Several alternative sites were evaluated around the hardstand area surrounding the existing warehouse building RR465 to site the building. The other options presented operational challenges and required removal and replacement of existing facilities, increasing project square footage and cost. This ultimately led to those sites not being economically viable. The original location had building RR469 shifted south, but there were a few design challenges that drove the price up. It also started to encroach onto another development area where they have four small buildings planned. The proximity to the administrative functions on the north end of RR465 also needed to be closer to RR469, as well as convenience for parking, so the building was shifted north to where it is now. Proposed impacts are needed for the building and to tie in the slope from raising the grade for the building pad. The P1288 SOF CSS Facility project has impacted 0.06 acre of 404 wetlands and 486 LF of a jurisdictional channel (Figure 4; Insets A and B). These impacts were needed for site grading and occurred prior to realizing there were jurisdictional features onsite. A portion of this impact is where material entered a channel just below the large sediment pond. The Boat Maintenance and Storage Facility (RR456) project will require impacts to 0.11 acres of 404 wetlands and 65 linear feet of a jurisdictional channel (Figure 4; Inset A). The impacts at this site are primarily due to stormwater facilities; however, a portion is needed for the tactical vehicle parking/storage area. Along this jurisdictional channel a culvert was placed after the initial site visit. This culvert will be removed and the stream Version 6.15.2017 Page 5 banks will be restored to previous grade, seeded with native vegetation, and stabilized using matting. The Large Vehicle Maintenance Storage Building (RR469) project will require impacts to 0.58 acres of 404 wetlands to construct a building and fill slope around it. Note that impacts to 0.54 acres of wetlands related to the construction of Loop Road were previously authorized under the original Individual Permit discussed above. Based on existing conditions, it appears that an additional 0.27 acres of 404 wetlands were impacted, likely during construction of the road. Since it does not appear that this area was previously permitted, the impact is included here. Avoidance and Minimization The applicant provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment: The applicant stated that buildings were shifted as much as possible to minimize jurisdictional impacts but still maintain the integrity of the facility layout. Unfortunately, some avoidance and minimization was lost since a portion of the impacts are after the fact. Version 6.15.2017 Page 6 Compensatory Mitigation The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The applicant has stated that mitigation for the unavoidable wetland impacts will be mitigated through a purchase from the Bachelors Delight Mitigation Bank at a 2:1 ratio. The jurisdictional channels are not proposed to be mitigated for as they were rated as less than intermittent. Essential Fish Habitat The Corps’ determination is that the proposed project would not effect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. Our initial determination is that the proposed action would not have a substantial individual or cumulative adverse impact on EFH or fisheries managed by Fishery Management Councils and the National Marine Fisheries Service (NMFS). Our final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with the NMFS. The Corps will consult under the Magnuson-Stevens Act and will not make a permit decision until the consultation process is complete. Version 6.15.2017 Page 7 The Corps has initiated consultation the Magnuson-Stevens Act and will not make a permit decision until the consultation process is complete. Cultural Resources Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that: Should historic properties, or properties eligible for inclusion in the National Register, be present within the Corps’ permit area; the proposed activity requiring the DA permit (the undertaking) is a type of activity that will have no potential to cause an effect to an historic properties. No historic properties, nor properties eligible for inclusion in the National Register, are present within the Corps’ permit area; therefore, there will be no historic properties affected. The Corps subsequently requests concurrence from the SHPO (or THPO). Properties ineligible for inclusion in the National Register are present within the Corps’ permit area; there will be no historic properties affected by the proposed work. The Corps subsequently requests concurrence from the SHPO (or THPO). Historic properties, or properties eligible for inclusion in the National Register, are present within the Corps’ permit area; however, the undertaking will have no adverse effect on these historic properties. The Corps subsequently requests concurrence from the SHPO (or THPO). Historic properties, or properties eligible for inclusion in the National Register, are present within the Corps’ permit area; moreover, the undertaking may have an adverse effect on these historic properties. The Corps subsequently initiates consultation with the SHPO (or THPO). The proposed work takes place in an area known to have the potential for the presence of prehistoric and historic cultural resources; however, the area has not been formally surveyed for the presence of cultural resources. No sites eligible for inclusion in the National Register of Historic Places are known to be present in the vicinity of the proposed work. Additional work may be necessary to identify and assess any historic or prehistoric resources that may be present. The District Engineer’s final eligibility and effect determination will be based upon coordination with the SHPO and/or THPO, as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the Corps-indentified permit area. Version 6.15.2017 Page 8 Endangered Species Pursuant to the Endangered Species Act of 1973, the Corps 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 determines that the proposed project would not affect federally listed endangered or threatened species or their formally designated critical habitat. The Corps determines that the proposed project may affect federally listed endangered or threatened species or their formally designated critical habitat. By copy of this public notice, the Corps initiates consultation under Section 7 of the ESA and will not make a permit decision until the consultation process is complete. The Corps will consult under Section 7 of the ESA and will not make a permit decision until the consultation process is complete. The Corps has initiated consultation under Section 7 of the ESA and will not make a permit decision until the consultation process is complete. The Corps determines that the proposed project may affect federally listed endangered or threatened species or their formally designated critical habitat. Consultation has been completed for this type of activity and the effects of the proposed activity have been evaluated and/or authorized by the National Marine Fisheries Service (NMFS) in the South Atlantic Regional Biological Opinion or its associated documents, including 7(a)(2) & 7(d) analyses and Critical Habitat assessments. A copy of this public notice will be sent to the NMFS. 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. The Corps will make a final determination on the effects of the proposed project 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. Other Required Authorizations The Corps forwards this notice and all applicable application materials to the appropriate State agencies for review. North Carolina Division of Water Resources (NCDWR): Version 6.15.2017 Page 9 The applicant did not provide or satisfy all 9 elements required for a complete 401 certification request. Therefore, the 401 Certification process has not started. The Corps will generally not make a final permit decision until the NCDWR issues, denies, or waives the state Certification as required by Section 401 of the Clean Water Act (PL 92-500). The Corps will generally not make a final permit decision until the NCDWR issues, denies, or waives the state Certification as required by Section 401 of the Clean Water Act (PL 92-500). The receipt of the application and this public notice, combined with the appropriate application fee, at the NCDWR Central Office in Raleigh constitutes initial receipt of an application for a 401 Certification. Unless NCDWR is granted a time review extension, a waiver will be deemed to occur if the NCDWR fails to act on this request for certification within one hundred twenty days of the date of this public notice. Additional information regarding the 401 Certification may be reviewed at the NCDWR Central Office, 401 and Buffer Permitting Unit, 512 North Salisbury Street, Raleigh, North Carolina 27604-2260. All persons desiring to make comments regarding the application for a 401 Certification should do so, in writing, by April 27, 2021 to: NCDWR Central Office Attention: Mr. Paul Wojowski, 401 and Buffer Permitting Unit (USPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699- 1617 Or, (physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604 North Carolina Division of Coastal Management (NCDCM): The application did not include a certification that the proposed work complies with and would be conducted in a manner that is consistent with the approved North Carolina Coastal Zone Management Program. Pursuant to 33 CFR 325.2 (b)(2) the Corps cannot issue a Department of Army (DA) permit for the proposed work until the applicant submits such a certification to the Corps and the NCDCM, and the NCDCM notifies the Corps that it concurs with the applicant’s consistency certification. As the application did not include the consistency certification, the Corps will request, upon receipt,, concurrence or objection from the NCDCM. Based upon all available information, the Corps determines that this application for a Department of Army (DA) permit does not involve an activity which would affect the coastal zone, which is defined by the Coastal Zone Management (CZM) Act (16 U.S.C. § 1453). Version 6.15.2017 Page 10 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 consolidated 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 will 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. The Corps of Engineers, Wilmington District will receive written comments pertinent to the proposed work, as outlined above, until 5pm, May 6, 2021. Comments should be submitted to Brad Shaver, Project manager, Wilmington Regulatory Field Office, 69 Darlington Avenue, Wilmington, North Carolina 28403 , or via email at brad.e.shaver@usace.army.mil.