20061073 Ver 1_Public Notice_20060830

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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
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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
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