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HomeMy WebLinkAbout20151065 Ver 1_Scoping Comments_20220419 (2)Strickland, Bev From: Conchilla, Ryan Sent: Tuesday, April 19, 2022 3:12 PM To: RDarling@mbakerintl.com; David.E.Bailey2@usace.army.mil Cc: akkoushs@gsoair.org; Homewood, Sue Subject: USACE Action ID SAW-2012-01547 (WQC004053, DWR File 20151065), Guilford County; Proposed Boom Overture Superfactory at GSO Attachments: Scoping_HE-0005_WBS 50338_Boom Access_4-19-22.pdf Richard, Good afternoon. Attached please find a copy of the DWR Scoping Comments associated with proposed Boom project located at the PTI Airport. Let me know if I can provide further assistance. Thanks - Ryan Conchilla, PWS Environmental Specialist II 401 and Buffer Transportation Permitting Branch (DOT Divisions 7+8) Division of Water Resources, NC Department of Environmental Quality Ryan.Conchilla@ncdenr.gov From: Bailey, David E CIV USARMY CESAW (USA)<David.E.Bailey2@usace.army.mil> Sent: Friday, April 15, 2022 3:09 PM To: Darling, Richard <RDarling@mbakerintl.com> Cc: akkoushs <akkoushs@gsoair.org>; Homewood, Sue <sue.homewood@ncdenr.gov> Subject: [External] RE: [URL Verdict: Neutral][Non-DoD Source] USACE Action ID SAW-2012-01547 (WQC004053, DWR File 20151065), Guilford County; Proposed Boom Overture Superfactory at GSO CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Hi Richard, and thank you for the information. The Corps of Engineers is aware of the proposed project. The site plan provided in your email does not appear to require a discharge of dredged or fill material into potential waters of the US based on the Limits of Disturbance as shown. As you point out, there are also Conservation Areas immediately outside of the southeastern section of the Limits of Disturbance where construction/clearing activities would be in non-compliance with existing Corps of Engineers authorizations (SAW- 2000-21655) and resultant Declarations of Restrictions. Caution would be required during construction to not encroach into either area as this project proceeds. Further, the Corps has been involved in discussions with NCDOT regarding their plans to provide one or more permanent access roads into the proposed Boom facility. NCDOT is are aware that, absent a transportation -related purpose and need independent of the Boom facility, any proposed impacts to potential waters of the US for such roads would be considered part of the PTIA single and complete project and likely require authorization via Individual Permit. It is the Corps' understanding that such planning is underway to design such roads to avoid impacts to potential waters of the US. We hope that the above comments are useful as planning proceeds. Please let me know if you have any questions. i Sincerely, Dave Bailey David E. Bailey, PWS Regulatory Project Manager US Army Corps of Engineers CE-SAW-RG-R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Mobile: (919) 817-2436 Office: (919) 554-4884, Ext. 30. Fax: (919) 562-0421 Email: David.E.Bailey2@usace.army.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: https://regulatory.ops.usace.army.mil/customer-service-survey/ Thank you for taking the time to visit this site and complete the survey. From: Darling, Richard <RDarling@mbakerintl.com> Sent: Thursday, April 7, 2022 8:30 AM To: Bailey, David E CIV USARMY CESAW (USA) <David.E.Bailey2@usace.army.mil>; Homewood, Sue <sue.homewood@ncdenr.gov> Cc: akkoushs <akkoushs@gsoair.org> Subject: [URL Verdict: Neutral][Non-DoD Source] USACE Action ID SAW-2012-01547 (WQC004053, DWR File 20151065), Guilford County; Proposed Boom Overture Superfactory at GSO Sue; Dave: Per my voice messages, the Piedmont Triad Airport Authority (PTAA) proposes construction of the Boom Supersonic Overture Superfactory at the Piedmont Triad International Airport (GSO) on the 65-acre aerospace development site bounded by Interstate Highway 1-73, the proposed Cross -Field Taxiway, and the current Airport Perimeter Road at Runway 23R (Attachment 1). Site work will include approximately 175,000 cubic yards of embankment to be sourced from within the initial buildout limits (Attachment 2). A temporary gravel roadway approximately 40 feet wide and 4,000 feet long will maintain access for construction. No change to the impacts permitted by the Clean Water Act (CWA) Section 404 Individual Permit and Section 401 Water Quality Certification issued for the GSO Cross -Field Taxiway and Site Development Projects is proposed. The nearest potential jurisdictional wetlands are located east of the site (see Attachment 2, Attachment 3) in the area protected under Conservation Easement. Jurisdictional stream channels and associated riparian buffers located west of the site will be avoided by the gravel access road. Based on March 2022 field review, there are no wetlands on site due to lack of appropriate vegetation, soils, and hydrology (see Attachment 3). Appropriate construction stormwater management, regulatory, and permit compliance will ensure no impacts to CWA- jurisdictional resources. In accordance with the National Environmental Policy Act (NEPA) and Federal Aviation Administration (FAA) implementing regulations, PTAA are coordinating documentation of the potential environmental impacts associated with the proposed Project. This documentation will be submitted to the FAA as a Written Re-evaluation (WR) of the Environmental Assessment (EA) issued for the Cross -Field Taxiway and Site Development Projects. The purpose of this WR is to determine whether the contents of the previously prepared EA remain valid or a new or supplemental environmental document is required because proposed components of the Project could trigger the need for additional assessment. 2 • The Project is anticipated to have No Effect on the Small Whorled Pogonia or Schweinitz's Sunflower. Suitable habitat is not present within the Project Limit -Of -Disturbance (LOD). The Airport is not within the current range of the Cape Fear Shiner, the Roanoke Logperch, or the Atlantic Pigtoe. There is no suitable aquatic habitat within the Project LOD. The Project Is unlikely to disturb nesting Bald Eagles. No potential habitat for Northern Long - Eared Bat is present within the Project LOD. No Federal Candidate species or Critical Habitat are listed and there are no State -listed endangered or threatened species, rare species, important natural communities, or natural areas known to occur within 1 mile of the Project site (Attachment 3). • The nearest potentially jurisdictional waters are located east and west of the site. Based on field review, map resources, and current site management, there are no wetlands, streams, regulated riparian buffers, or other jurisdictional waters within the Project LOD due to lack of vegetation, soils, and hydrology (Attachment 3). The following online resources are being utilized for assessment of this Project: • NCNHP Data Explorer, USFWS Raleigh ESFO, USFWS IPaC • USFWS NWI, USGS 7.5' Topo Quad., NRCS Soils Survey We are requesting your comments relative to the proposed Project as they relate to your specific area of expertise or regulatory jurisdiction, including permitting or mitigation requirements. Please respond to rdarling@mbakerintl.com or (919) 481-5740 if you have any questions or concerns. Thank -you for your time. Richard Richard Darling I Project Manager - Environmental 797 Haywood Road, Suite 201 I Asheville, NC 28806 I (919) 481-5740 rdarling@mbakerintl.com I www.mbakerintl.com 3 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director MEMORANDUM NORTH CAROLINA Environmental Quality April 19, 2022 To: Brian Ketner, PE, NC DOT Division 7 Project Engineer Aileen S. Mayhew, P.E., Mott Macdonald, Senior Project Planner From: Ryan Conchilla, NC Division of Water Resources, Transportation Permitting Branch Subject: Scoping comments on proposed improvements to: STIP # HE-0005, WBS # 50338 Boom Roadway Access & Connectivity Project at the PTI Airport in Guilford County, NC Reference your correspondence dated March 25th, 2022 in which you requested comments for the referenced project. Preliminary analysis of the project reveals the potential for multiple impacts to streams and jurisdictional wetlands in the project area. More specifically, impacts to: Boom Roadway Access on Regional Road North at the PTI Airport in Guilford County, NC Stream Name River Basin Stream Classification(s) Stream Index Number 303(d) Listing Brush Creek Cape Fear WS-III, NSW 16-11-4-(1) YES Moores Creek Cape Fear WS-III, NSW 16-11-3 No Further investigations at a higher resolution should be undertaken to verify the presence of other streams and/or jurisdictional wetlands in the area. In the event that any jurisdictional areas are identified, the Division of Water Resources requests that the applicant consider the following environmental issues for the proposed project: Project Specific Comments: 1. The design plans shall provide treatment of the stormwater runoff through BMPs as detailed in the most recent version of the North Carolina Department of Transportation Stormwater Program Manual, and the Stormwater Best Management Practices Toolbox Manual. The BMPs should, to the MEP, be selected and designed to reduce impacts of the target pollutants of concern (POCs) for the receiving waters. 2. The Brush Creek is class WS-III, NSW; 303(d) waters of the State. The Brush Creek is on the 303(d) list for fair, poor or severe bio-classification. The NCDWR is very concerned with sediment and erosion impacts that could result from this project. The NCDWR recommends that the most protective sediment and erosion control BMPs be implemented in accordance with Design Standards in Sensitive Watersheds (15A NCAC 04B .0124) or comparable BMPs to reduce the risk of further impairment to Brush Creek. Post -construction stormwater BMPs should be selected and designed to the MEP, to reduce target POCs in the 303(d) list for the receiving waters. 3. As noted during the public involvement process for the development of the adjacent FedEx facility, there has been, and continues to be, significant public concern regarding water quality and water quantity impacts to the Brush Creek watershed. The NCDWR recommends that you conduct a careful evaluation of potential impacts that may cause or contribute to downstream water quality degradation and take all possible measures to incorporate the highest level of protection to downstream waters 4. Brush Creek and Moores Creek are class WS-III; NSW waters of the State. The NCDWR is very concerned with sediment and erosion impacts that could result from this project. The NCDWR recommends that highly protective sediment and erosion control BMPs be implemented to reduce the risk of nutrient runoff to Brush Creek. Post -construction stormwater BMPs should, to the MEP, be selected and designed to reduce nutrients. Projects within the Jordan Lake watersheds must implement NCDOT's GREEN Program. 5. On August 27, 2012, DWR provided a notification letter to the Piedmont Triad Airport Authority (PTAA), stating that all 404 and 401 permit applications resulting from development activities conducted within PTAA's property boundaries (or leased parcels) will be subject to approval by the Division and regulated by the Jordan Lake Buffer Rules. This project is within the Jordan Lake Basin. Riparian buffer impacts shall be avoided and minimized to the greatest extent possible pursuant to 15A NCAC 2B.0267. New development activities located in the protected 50-foot wide riparian areas within the basin shall be limited to "uses" identified within and constructed in accordance with 15A NCAC .02B .0295. Buffer mitigation may be required for buffer impacts resulting from activities classified as "allowable with mitigation" within the "Table of Uses" section of the Buffer Rules or require a variance under the Buffer Rules. A buffer mitigation plan, including use of the North Carolina Division of Mitigation Services, must be provided to the NCDWR prior to approval of the Water Quality Certification. Buffer mitigation may be required for buffer impacts resulting from activities classified as "allowable with mitigation" within the "Table of Uses" section of the Buffer Rules or require a variance under the Buffer Rules. A buffer mitigation plan, coordinated with the North Carolina Division of Mitigation Services, must be provided to the NCDWR prior to approval of the Water Quality Certification. On July 27, 2015, NCDENR provided a letter response to Cooke & Cooke, LLP for Water Supply Watershed Management and Protection Rules of the PTAA. The letter referenced Session Law 2013-395 and 15A NCAC 2B.0267 stating that to the extent the PTAA is subject to the riparian buffer protections of the Jordan Lake Watershed Rules, a project permitted under Section 404 of the Clean Water Act would be allowable upon authorization from NCDWR and would not require mitigation under the buffer rule. It was also recommended that PTAA amend it's Watershed Ordinance to conform to the Jordan Lake requirements as appropriate. 6. Jordan Lake Basin Diffuse Flow Requirements- Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing concentrated flow prior to its entry into the buffer and reestablishing vegetation as follows: 1. Concentrated runoff from new ditches or man-made conveyances shall be converted to diffuse flow at non -erosive velocities before the runoff enters Zone Two of the riparian buffer; 2. Periodic corrective action to restore diffuse flow shall be taken as necessary and shall be designed to impede the formation of erosion gullies; and 3. As set out in Sections 7.(D) and 8.(B) of this Ordinance, The Zones of the Riparian Buffer and Table of Uses respectively, no new stormwater conveyances are allowed through the buffers except for those specified in the Table of Uses, Section 8.(B) of this Ordinance, addressing stormwater management ponds, drainage ditches, roadside ditches, and stormwater conveyances. 7. The proposed construction activities should be identified according to the Lake Jordan Basin Table of Uses, located in Section B, page 12 of the Buffer Ordinance. 8. During the jurisdictional field determination conducted on -site April 5th, 2022, deep channel incision was observed on several stream features located within the project limits. Additional measures should be taken to minimize off -site sedimentation and erosion to these jurisdictional stream features. Transportation General Project Comments: 1. The environmental document should provide a detailed and itemized presentation of the proposed impacts to wetlands and streams with corresponding mapping. If mitigation is necessary as required by 15A NCAC 2H.0506(h), it is preferable to present a conceptual (if not finalized) mitigation plan with the environmental documentation. Appropriate mitigation plans will be required prior to issuance of a 401 Water Quality Certification. 2. Environmental impact statement alternatives shall consider design criteria that reduce the impacts to streams and wetlands from storm water runoff. These alternatives shall include road designs that allow for treatment of the storm water runoff through BMPs as detailed in the most recent version of the North Carolina Department of Transportation Stormwater Best Management Practices Tool box manual, such as grassed swales, buffer areas, preformed scour holes, retention basins, etc. 3. Prior to an issuance of the 401 Water Quality Certification, the applicant is respectfully reminded that they will need to demonstrate the avoidance and minimization of impacts to wetlands (and streams) to the maximum extent practical. In accordance with the Environmental Management Commission's Rules (15A NCAC 2H.0506[h]), mitigation will be required for impacts of greater than 1 acre to wetlands. In the event that mitigation is required, the mitigation plan shall be designed to replace appropriate lost functions and values. North Carolina Division of Mitigation Services may be available for assistance with wetland mitigation. 4. In accordance with the Environmental Management Commission's Rules (15A NCAC 2H.0506[h]), mitigation will be required for impacts of greater than 300 linear feet to any perennial stream. In the event that mitigation is required, the mitigation plan shall be designed to replace appropriate lost functions and values. The North Carolina Division of Mitigation Services may be available for assistance with stream mitigation. 5. Future documentation, including the 401 Water Quality Certification Application, shall continue to include an itemized listing of the proposed wetland and stream impacts with corresponding mapping. 6. The NCDWR is very concerned with sediment and erosion impacts that could result from this project. The applicant shall address these concerns by describing the potential impacts that may occur to the aquatic environments and any mitigating factors that would reduce the impacts. 7. An analysis of cumulative and secondary impacts anticipated as a result of this project is required. The type and detail of analysis shall conform to the NC Division of Water Resource Policy on the assessment of secondary and cumulative impacts dated April 10, 2004. 8. The applicant is respectfully reminded that all impacts, including but not limited to, bridging, fill, excavation and clearing, and rip rap to jurisdictional wetlands, streams, and riparian buffers need to be included in the final impact calculations. These impacts, in addition to any construction impacts, temporary or otherwise, also need to be included as part of the 401 Water Quality Certification Application. 9. Where streams must be crossed, the NCDWR prefers bridges be used in lieu of culverts. However, we realize that economic considerations often require the use of culverts. Please be advised that culverts should be countersunk to allow unimpeded passage by fish and other aquatic organisms. Moreover, in areas where high quality wetlands or streams are impacted, a bridge may prove preferable. When applicable, the applicant should not install the bridge bents in the creek, to the maximum extent practicable. 10. Whenever possible, the NCDWR prefers spanning structures. Spanning structures usually do not require work within the stream or grubbing of the streambanks and do not require stream channel realignment. The horizontal and vertical clearances provided by bridges shall allow for human and wildlife passage beneath the structure. Fish passage and navigation by canoeists and boaters shall not be blocked. Bridge supports (bents) should not be placed in the stream when possible. 11. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated through site -appropriate means (grassed swales, pre -formed scour holes, vegetated buffers, etc.) before entering the stream. Please refer to the most recent version of the North Carolina Department of Transportation Stormwater Best Management Practices Toolbox manual for approved measures. 12. Sediment and erosion control measures should not be placed in wetlands or streams. 13. Borrow/waste areas should avoid wetlands to the maximum extent practical. Impacts to wetlands in borrow/waste areas will need to be presented in the 401 Water Quality Certification and could precipitate compensatory mitigation. 14. The 401 Water Quality Certification application will need to specifically address the proposed methods for stormwater management. More specifically, stormwater shall not be permitted to discharge directly into streams or surface waters. Please refer to the most recent version of the North Carolina Department of Transportation Stormwater Best Management Practices Toolbox manual for approved measures. 15. Based on the information presented in the document, the magnitude of impacts to wetlands and streams may require a 404 permit application to the Corps of Engineers and corresponding 401 Water Quality Certification. Please be advised that a 401 Water Quality Certification requires satisfactory protection of water quality to ensure that water quality standards are met and no wetland or stream uses are lost. Final permit authorization will require the submittal of a formal application by the applicant and written concurrence from the NCDWR. Please be aware that any approval will be contingent on appropriate avoidance and minimization of wetland and stream impacts to the maximum extent practical, the development of an acceptable stormwater management plan, and the inclusion of appropriate mitigation plans where appropriate. 16. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. Concrete shall be handled in accordance with the NPDES Construction General Permit NCG010000. 17. If temporary access roads or detours are constructed, the site shall be graded to its preconstruction contours and elevations. Disturbed areas shall be seeded or mulched to stabilize the soil and appropriate native woody species shall be planted. When using temporary structures the area shall be cleared but not grubbed. Clearing the area with chain saws, mowers, bush -hogs, or other mechanized equipment and leaving the stumps and root mat intact allows the area to re -vegetate naturally and minimizes soil disturbance. 18. Unless otherwise authorized, placement of culverts and other structures in waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and downstream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by the NCDWR. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact the NCDWR for guidance on how to proceed and to determine whether or not a permit modification will be required. 19. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation, floodplain benches, and/or sills may be required where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 20. If foundation test borings are necessary; it shall be noted in the document. Geotechnical work is approved under General 401 Certification Number 4085/Nationwide Permit No. 6 for Survey Activities. 21. Sediment and erosion control measures sufficient to protect water resources must be implemented and maintained in accordance with the most recent version of North Carolina Sediment and Erosion Control Planning and Design Manual and the most recent version of NCS000250. 22. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of the NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 23. While the use of National Wetland Inventory (NWI) maps, NC Coastal Region Evaluation of Wetland Significance (NC -CREWS) maps and soil survey maps are useful tools, their inherent inaccuracies require that qualified personnel perform onsite wetland delineations prior to permit approval. 24. Heavy equipment should be operated from the bank rather than in stream channels in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into streams. This equipment shall be inspected daily and maintained to prevent contamination of surface waters from leaking fuels, lubricants, hydraulic fluids, or other toxic materials. 25. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 26. Riparian vegetation (native trees and shrubs) shall be preserved to the maximum extent possible. Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. Thank you for requesting our input at this time. The applicant is reminded that issuance of a 401 Water Quality Certification requires that appropriate measures be instituted to ensure that water quality standards are met and designated uses are not degraded or lost. If you have any questions or require additional information, please contact Ryan Conchilla at ryan.conchilla@ncdenr.gov. Electronic copy only distribution: David Bailey, US Army Corps of Engineers, Raleigh Field Office Jerry Parker, NC DOT Division 7 Environmental Officer Gary Jordan, USFWS, Fish and Wildlife Biologist