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HomeMy WebLinkAbout20061073 Ver 1_Public Notice_20060830i r ~~i~~ 4'-io~13 US Army Corps PUBLIC NOTICE Of Engineers Wilmington District Issue Date: 08/28/2006 Comment Deadline: 09/27/2006 Corps Action ID #: SAW-2006-40089-154 The Wilmington District, Corps of Engineers (Corps) has received an application from North Carolina Department of Health and Human Services seeking Department of the Army authorization to impact 7201inear feet of stream associated with installing a culvert to alleviate safety concerns and erosion problems at the Caswell Center in Kinston, Lenoir 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: North Carolina Department of Health and Human Services Attention: Peter Veit 2001 Mail Service Center Raleigh, North Carolina 27699-2001 AGENT (if applicable): Michelle Clemments, P.E. Post Office Box 7305 Greenville, North Carolina 27834 ~~~~~d~p AUG 3 0 2006 Authority ~ENh -WATER QA~ BRANCH vrETLANDS AND STORiJM1N 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 (33 U.S.C. 1344). Location The project is located at the Caswell Center, a 750 acre property on the north side of US 70 Business at the corner of US 70 Business and North Carolina State Road 1557, in and adjacent to an unnamed stream, tributary to the Neuse River, in Kinston, Lenoir County, North Carolina (35.2735 -77.6124). Existing Site Conditions The project is located in an existing eroded stream bed on the east side of the Caswell Center campus. The Caswell Center is a facility which provides services to individuals with mental retardation and their families. Staff at the center provides services to 450 residents and additional individuals who reside in the community. The campus contains schools, medical services, residence halls and administrative buildings. The site is located in a developed section of Kinston, adjacent to the Vernon Park Mall. Adjacent land use includes residential, commercial and agricultural. A majority of the existing stream has been culverted in the past, and portions of the Vernon Park Mall and Caswell Center were constructed over the culverts. Applicant's Stated Purpose The stated purpose of the project is to remove a safety hazard on the Caswell Center campus and to stop erosion and incision of the existing channel. Project Description The applicant proposes to install culverts in the project area located on the east side of the property, adjacent to the Vernon Park Mall. Work includes installation of 720 feet of culvert within a channelized and incised stream. The proposed work will result in placement of 580 cubic yards of fill material below the Ordinary High Water mark and filling of 0.17 acres of jurisdictional waters. 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 in the NCDWQ Central Office in Raleigh serves as application to the NCDWQ for 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, 2321 Crabtree Boulevard, Raleigh, North Carolina 27604-2260. 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 09/13/2006. 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 maybe 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 maybe expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which maybe 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 Spm, 09/27/2006. Comments should be submitted to Ms. Tracey L. Wheeler, US Army Corps of Engineers, Post Office Box 1000, Washington, North Carolina 27889 . Caswell Center Tile Campus Ditches Kinston, NC US Army Corp of Engineers Individual Permit Page 1 of 3 Block 18 The project includes the piping of a section of open channel on the campus of the Caswell Center in Kinston, NC. A vicinity map is included as Attachment 1. This permit application is for a section of channel designated as a stream by NC DENR DWQ. The stream determination is included as Attachment 2. The Caswell Center had previously purchased a portion of the needed piping for the channel, however until this time, funding had not been available for its installation and for the purchase of all of the additional necessary materials to close a portion of the ditch. The Caswell Center is a facility in Kinston, NC which provides services to individuals with mental retardation. It was established in 1911 and opened in 1914 to serve individuals and families in eastern North Carolina. Information about the Caswell Center, its residents and its services are included as Attachment 3. The project is shown on drawings C2 and C3 which is included as Attachment 4 along with construction details for the project. This section of channel includes the installation of 336 LF of 60" RCP, 384 LF of 66" RCP, 3 drop .inlets and one junction box. The channel has been evaluated by NCDENR DWQ and this section (Drawing C2 and C3) was identified as a stream. Pictures of this section are included as Attachment 5. The construction sequence for piping the channels is as follows: 1. The channels will be cleaned out, removing all vegetation and the top 6-8 inches. of sediment using an excavator,and truck to remove the soil and dispose of the excavated material 2. Select fill will be placed in the channel to establish the slope and foundation for the pipe using a front end loader. 3. The new piping and inlets will be installed using a backhoe, front end loader and compaction equipment. 4. The remaining fill will be installed to bring the area to grade using front end loader and trucks to haul the soil. 5. The area disturbed will be graded and seeded. Block 19 - The project was originally identified by the Owner as a need to remove a safety hazard on the Caswell Center campus. Several years ago a resident fell into the ditch and drowned and since that time the Center has been attempting to get the project of piping the channels funded. Also identified during this time was the degradation of the channel as it has continued to erode and widen, causing the headwall at the west end of the channel to begin to collapse. The piping of the ditch will stop the erosion and widening of the channel and takes away the safety hazard on the campus. Caswell Center Tile Campus Ditches Kinston, NC US Army Corp of Engineers Individual Permit Page 2 of 3 The project site was evaluated for impacts to federally listed species or historical sites. A listing of all species for Lenoir County is included for reference as Attachment 6. There are no historical sites within the project area.. A listing of all historical properties in the area is included for reference as Attachment 7. There is an existing graveyard on the Caswell Center property but there will be no impact from this project. Maps indicating the zoning and the type of soils are included as Attachment 8. The project site is located in Zone X according to the Flood Insurance Rate Map. Zone X are areas determined to be outside of the 0.2% annual chance floodplain. This map is included as Attachment 9. Portions of the USGS topographic maps are included and-show that this channel is an unnamed tributary to the Neuse River. For this project the following permits will be required: NC DENR Land Quality -Erosion and Sedimentation Control Permit NC DENR Division of Water Quality - Riparian Buffer Impact Permit US Army Corps of Engineers -Individual Permit Block 20 As noted above, the reasons for the discharge include resolution of a safety issue, channel degradation and continued erosion of the banks of the channel. Alternatives to filling the. channel were also evaluated. _ Alternatives for the proposed project include doing nothing, stabilization of the channel and piping the channel. The option of doing nothing will allow the channel to continue to erode and deepen and it will continue to be a safety hazard for the residents of the campus. Stabilization of the channel would require removal of the existing vegetation and failing headwall and rebuilding the slopes, installing riprap or slope stabilization fabric and constructing a new headwall at the west end of the channel. The channel would also need to be filled to the existing elevations of the pipes. The cost of stabilization of the channel would be approximately $85,000 and would require regular maintenance to maintain the channel. Stabilizing the channel would provide a temporary solution to the erosion and widening of the channel but the channel would continue to deepen and the safety hazard would remain. Piping the channel would remove the safety hazard, stop the erosion, deepening and widening of the channel and would maintain the hydraulic flow of the channel. The cost of piping the channel is estimated to be $180,000. While the initial cost of the project is more for piping, the cost Caswell Center Tile Campus Ditches Kinston, NC US Army Corp of Engineers Individual Permit Page3of3 of continued maintenance and the removal of a safety issue for the residents of the Caswell Center, make piping the channel the better alternative. Block 24 Adjacent Land Owners 1. Robert L. James Jr., ET ALS 834 Hardee Road, Suite 814, Kinston, NC 28504 2. Poole Enterprises Inc. 4206 W. Vernon Avenue, Kinston, NC 28504 Property information for the Caswell Center and adjacent land owners is included as Attachment 10. Page 1 of l~'~"~ C~r~ F_~~ ~ ):~ ':1 :~ i~ `N~: -~ i `lkTii~C~ Lenoir County and its assume no legal re information containe map is not to be conveyance. Map is b Coordinate Syst~ 1.~ ~i .~~ 1~s; ~~~v~o~ Caswell Center ~,~~~ r.+~~~ Rw,ac st~s~~ ~~ Paau~~s ~v~~~ L Rec PARCEL ACREAGE OWNER OWNER(NAME1) OWNER gDDRESS OWNER CITY PARCEL MAP NO LAND VALUE BUILDING VALUE PROPERTY DESCRIPTION TOTAL VAL RECORD ZIPCODE . UE NO 0~ 750.8 28504 CASWELL CENTER PECAN LANE KINSTON NC 451506387608 7500800 0~ W VERNON AVE 7500800 35748 } i b 5 n Z ~ ~~ D // I1'u U'T//A1 = r~k~, ~' } T ~~ ~~ ~~~ ., ._~_ w~ -~ m mn ~~ ~c o p n m n `~:~a O ;rx O w. ~ O O W .A O O ..L C7 rn r- r n m Z -~ ITI /~ --~ Z C) N p ~ ~' ~ o o € ~ ~ y s = r ~ o ~ ~• a j ~~g ~ ~~ a - ~ ~ y~ ~~~ ~ ~ ~ ~ p ~ ~, ~ ~ ® ~ H l i~ -. 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