PUBLIC NOTICE HE-0001

I I
US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: May 01, 2023
Comment Deadline: June 01, 2023
Corps Action ID #: SAW-2021-01535
STIP Project No. HE-0001
The Wilmington District, U.S. Army Corps of Engineers (Corps) has received an
application from the North Carolina Department of Transportation (NCDOT)
seeking Department of the Army authorization to discharge fill material into
waters of the United States associated with the construction of a new
interchange on Interstate 26 (1-26) to provide access to 1-26 and improve east -
west connectivity within the project vicinity to accommodate current and planned
growth in Buncombe County, North Carolina (STIP Project No. HE-0001). The
proposed project also includes construction of a 2-lane roadway that would
connect the new interchange to East Frederick Law Olmsted Way, which
connects to NC 191 (Brevard Road). The proposed project would permanently
impact 981 linear feet of stream and 0.103 acre of wetland.
Specific project and location information is described below and shown on the
attached figures. This Public Notice and attachments are also available on the
Wilmington District Web Site at
http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Public-
Notices/
Construction plans are not attached to this Public Notice due to the large number
of pages; however, all construction plans can be found at the Wilmington District
Web Site at https://www.saw.usace.army.miI/Missions/Regulatory-Permit-
Program/Public-Notices/
If you wish to obtain a paper copy of this Public Notice and/or the plans, please
contact the individual identified at the end of this Notice.
The Federal Highway Administration (FHWA) is the lead federal agency for this
project. A Type III Categorical Exclusion Action Classification Form was
completed in August 2022 and is available at
https://xfer.services.ncdot.gov/pdea/EnvironmentalDocs/Documents/STIP HE-
Projects/HE-0001 CE.pdf
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Applicant: North Carolina Department of Transportation
Environmental Coordination and Permitting
Mr. Michael A. Turchy, Group Leader
1598 Mail Service Center
Raleigh, North Carolina 27699-1598
Authority
The Corps will evaluate this application and decide 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
Nearest Town: Asheville
Nearest Waterway: French Broad River
River Basin: French Broad
Latitude and Longitude: 35.50378,-82.57796
The proposed project/project study area (PSA) is located approximately 6 miles
south of Asheville along 1-26. As shown on Figures 1 and 2, the proposed project
is located north of the Blue Ridge Parkway and south of the French Broad River
bridge. Due to the French Broad River's meandering/sinuous channel in the
project vicinity, the proposed project is located to the south, east, and north of the
river.
The 1-40 system interchange is located approximately 4 miles to the north of the
project location and the Asheville Regional Airport is located approximately 5
miles to the south.
The Biltmore Estate property is located east of 1-26 at the site of the proposed
interchange.
NC 191 (Brevard Road) is a north -south roadway connecting Hendersonville in
Henderson County to Asheville in Buncombe County. NC 191 generally parallels
1-26 south of Asheville and interchanges with 1-26 (Exit 33) approximately 3 miles
north of the project area. NC 146 (Long Shoals Road) is an east -west roadway
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connecting NC 191 to US 25 (Hendersonville Road), with an 1-26 interchange
(Exit 37) approximately 2 miles south of the project area (Figure 4).
Existing Site Conditions
1-26 is an east -west freeway facility connecting Charleston, South Carolina to
Kingsport, Tennessee. In North Carolina, 1-26 is included in the NC Strategic
Transportation Corridors (STC) Network as Corridor C (I-26/US 23). This section
of 1-26 also carries the US 74 designation. The portion of 1-26 that is located in
the project area for the proposed project is currently under construction for
widening to eight lanes (four lanes in each direction of travel) and includes the
widening/replacement of the 1-26 bridges over the French Broad River and the
replacement of the Blue Ridge Parkway bridge on new alignment under the
NCDOT STIP No. 1-4400/4700 project. Note that the Blue Ridge Parkway has a
grade separated crossing but no direct access to 1-26.
Land use in the project vicinity is mixed and includes manufacturing/distribution
facilities, single- and multi -family residential neighborhoods, open space, and
commercial and recreational uses. North of the Clayton Road (SR 3501) and NC
191, the corridor is characterized by preserved open space in proximity to the
French Broad River, Pisgah National Forest, and the Blue Ridge Parkway. The
Blue Ridge Parkway crosses over NC 191 on a bridge and is accessible via an
access road at the signalized intersection with NC 191.
The Biltmore Estate National Historic Landmark (NHL) east of 1-26, the Blue
Ridge Parkway bridge (currently being replaced by NCDOT and the National
Park Service [NPS] under NCDOT STIP Project Nos. 1-4400/1-4700), and the
French Broad River are among the major resources in this area of the County.
The PSA contains mature Hardwood Forest, 1-26 right-of-way, a portion of the
Biltmore Estate NHL, and a portion of the Biltmore Farms LLC's planned Biltmore
Park West mixed -use development that will consist of industrial, institutional,
commercial, and residential land uses. Adjacent to the project area,
approximately 100 acres have been developed by Pratt & Whitney as a one
million square -foot advanced manufacturing center, which is part of the Biltmore
Park West mixed -use development (Figure 3).
Water Resources
Water resources in the PSA are part of the Bent Creek —French Broad River
Basin (USGS Hydrologic Unit 060101050705). The PSA was delineated by the
applicant to determine the presence or absence of jurisdictional waters of the
U.S. on July 13-15, 2021. The jurisdictional waters in the portion of the 1-4400/1-
4700 study area that lie within the PSA of the HE-0001 project were not re-
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delineated for the proposed project; however, these jurisdictional features were
spot checked to ensure that the delineation for those waters was still accurate, as
recorded in the previous jurisdictional determination for the 1-4400/1-4700 project.
Field delineation resulted in the identification of one Section 10 water (the French
Broad River) totaling 300 linear feet, fifteen (15) tributaries (streams) totaling
10,970 linear feet, and twenty-one (21) non -tidal wetlands totaling 2.362 acres
(102,953 sq. ft.) in the PSA (Figure 6). The Corps conducted a field review of the
delineated waters on August 27, 2021 and concurred with the delineation for this
project.
There are no designated anadromous fish waters or Primary Nursery Areas
(PNA) present in the project study area. There are no Outstanding Resource
Waters (ORW), High Quality Waters (HQW), or water supply watersheds. The
PSA adjacent to the French Broad River (Class B, SEC 10/404) is located within
a designated mountain trout watershed Jr). The North Carolina 2020 Final
303(d) list of impaired waters identifies the French Broad River from Mud Creek
to NC 146 for fecal coliform (recreation). The PSA is not located within any North
Carolina Buffer Rule River Basins.
STIP project HE-0001 overlaps three other STIP projects:
STIP Project No.
Description
Schedule (Fiscal Year)
1-4700
1-26. NC 280 (Exit 40) to 1-40 at Asheville.
Under Construction
Add additional lanes.
U-3403B
NC 191 (Brevard Road -Old Haywood
R/W 2029
Road). SR 3498 (Ledbetter Road) to North
Const. Post Year
of Blue Parkway. Widen roadway
HO-0002A
1-40 in Asheville to 1-77 at 1-485 (South) in
Under Construction
Charlotte. Install Broadband.
Source: NCDOT, 2020-2029 Current State Transportation Improvement Program (May 2022)
Applicant's Stated Needs and Purpose
➢ Applicant's stated need:
The proposed project is needed to address the lack of network connectivity
between NC 191 and 1-26 in southern Buncombe County to accommodate
current and planned growth.
➢ Applicant's stated purpose:
The purpose of the proposed project is to provide access to 1-26 and improve
east -west connectivity within the project vicinity to accommodate current and
planned growth.
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Other Desirable Outcomes:
The Applicant included the following as other desirable outcomes of the
proposed project:
• improved traffic safety due to greater separation of local traffic from
interstate traffic;
• improved emergency response times to the area including Pratt &
Whitney Manufacturing Center, Biltmore Park West property, and sections
of NC 191 and 1-26;
• consistency with local and regional economic development initiatives in
the project vicinity;
• improved access to current and anticipated regional employment
opportunities and improved access to tourist destinations.
Project Description
To address the lack of network connectivity between NC 191 and 1-26 in
southern Buncombe County, and to accommodate current and planned growth,
NCDOT proposes to construct a new interchange on 1-26 (future exit 35). The
proposed project is located approximately 6 miles south of Asheville along 1-26,
north of the Blue Ridge Parkway and south of the French Broad River bridge.
The proposed interchange would be constructed primarily within the existing
right-of-way of 1-26, which currently is under construction to be widened from 2
lanes in each direction to 4 lanes in each direction as part of TIP project 1-4700.
A new 2-lane connecting road would also be constructed as part of the proposed
project. This new road would connect the new interchange to East Frederick Law
Olmsted Way (East FLOW), a 2-lane road that was constructed by a private
developer (Biltmore Farms, LLC), which connects to NC 191 (Figure 5). East
FLOW is currently open to traffic and is now a State -maintained facility.
In order to construct the proposed project, NCDOT proposes to impact waters of
the U.S. as follows:
• Permanently impact 0.103 acre of wetlands (fill, mechanized land clearing,
excavation).
Permanently impact 981 If of streams (installation and/or extension of
pipes and culverts, relocations).
• Temporarily impact 190 If of stream (dewatering).

Section 404/NEPA Meraer Process
The project was processed through the Section 404/National Environmental
Policy Act (NEPA) Merger Process. This process engaged federal and state
agencies throughout project development.
Merger Team concurrence was achieved for each of the following concurrence
points (CPs) on the dates listed below:
• 07/15/2021
- CP 1
Purpose and Need and Study Area
• 07/15/2021
- CP 2
Alternatives to be Studied in Detail
• 09/16/2021
- CP 2A
Bridging Decisions and Alignment Review
• 02/09/2022
- CP 3
Least Environmentally Damaging Practicable
Alternative (LEDPA)
• 06/15/2022
- CP 4A
Avoidance and Minimization Measures
• 08/17/2022
- CP 4B
Hydraulic Review
• 01/25/2023
- CP 4C
Hydraulic Permit Plan Review - Merger Process
complete.
The Corps issued a Merger Public Notice for this project on September 2, 2021.
Avoidance and Minimization Measures Implemented By NCDOT in Prelimina
Design:
According to the Applicant, avoidance and minimization measures were
incorporated into the planning and NEPA processes and these measures were
incorporated into concept/project development and/or project design.
Listed below are the measures that have been implemented:
Concept/ Project Development:
Eliminated concepts from consideration during the scoping phase of the
project for a variety of factors and feasibility concerns, including avoiding and
minimizing potential impacts to the French Broad River (FBR)
flood plain/wetland complex, residential and commercial developments north
of the FBR, and the Biltmore Estate NHL property.
Project Study Area:
Reduced Project Study Area to avoid and minimize potential impacts to the
FBR floodplain and known potential jurisdictional resources.
Detailed Study Alternatives:
• Did not consider alternatives with the potential to have direct effects to the
Blue Ridge Parkway.
• Considered and eliminated alternatives with the potential to have direct
effects to the Biltmore Estate NHL.
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Two-lane -Y-Line Typical Section:
Two-lane roadway with curb and gutter typical section (opposed to 4-lane
divided with grassed shoulder typical section) to accommodate future traffic
volumes, noting auxiliary lanes will likely be required at intersection
approaches. This results in less ROW requirements and will minimize
impacts at proposed stream crossings and reduce tree clearing
requirements.
-Y-Line Alignment:
Shifted the roadway alignment to the southeast to minimize potential impacts
to Stream SA.
Following CP 3, per NCDWR request, NCDOT shifted -y-line alignment to:
• improve Stream SA crossing skew, reducing potential impacts by approx.
100 ft,
• avoid 0.03 ac impact to Wetland WD, and
• avoid 0.01 ac impact to Wetland WH.
Ramp -C-Retaining Walls:
Following CP 3, retaining walls were refined in conjunction with the DDI
design and Ramp-C- Alignment shift (described below) in the same general
locations.
Ramp -C-Alignment:
Following CP 3, shift ramp alignment between <1 ft to about 18 ft to the east
(closer to 1-26 westbound travel lanes) to:
• improve constructability of the proposed retaining walls,
• avoid approx. 120 ft of impacts to Stream SDY and Stream SDZ,
• avoid approx. <0.1 ac impacts to Wetland WCR,
• minimize impact to Stream SDX by approx. 175 ft, and
• minimize impacts to Wetland IDs WCS and WCN by approx. <0.1 ac.
Channel Change (Stream SDX):
Following CP 4B, NCDOT determined that the Ramp-D- Retaining Wall
(described below) was not feasible. A stream channel relocation was
designed for Stream SDX. Though this does not avoid required
compensatory mitigable impacts to a jurisdictional aquatic resource,
daylighting a stream channel is preferable to enclosing in a pipe or structure.
In total, approx. 225 feet of Stream SDX will be daylighted.
Ramp -A-Headwall:
A headwall is included on the upstream side of the 54-inch pipe that will
convey Stream SA under Ramp -A-. The inclusion of the headwall minimizes
stream channel impacts and avoids impacts to the adjacent Wetland WQ.
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Ramp -B-Retaining Wall:
An approximately 225-ft retaining wall is used along Ramp -B- to avoid fill
impacts to the perpendicular Stream SH.
Culvert Extension:
Following CP 4C, the proposed culvert extension was shortened by approx.
60 feet due to revisions to the Ramp -D- design slope stakes. As a result:
• Approx. 60 feet more of stream SDX is daylighted (this is included in the
approx. 225 feet of Stream SDX that will be daylighted with the channel
change described above),
• A stormwater control device was removed from the culvert extension and
will now receive treatment before entering Stream SDX
Compensatory Mitigation
The purpose of compensatory mitigation is to offset functional losses to the
aquatic environment that result from unavoidable impacts to waters of the U.S.
For this project, the Applicant proposes to provide compensatory mitigation
through credits obtained from the NC Division of Mitigation Services (NCDMS)
(for wetlands) and an approved mitigation bank (for streams).
• Wetlands - the Applicant proposes to mitigate for functional wetland
losses as follows: 0.103 acre of wetland loss @ 2:1 ratio = 0.206 acre
of mitigation credits would be purchased from NCDMS.
Streams - the Applicant proposes to mitigate for functional stream
losses as follows: 469 If of stream loss @ 2:1 ratio and 512 If of
stream loss @ 1:1 ratio for a total of 1,450 linear feet of stream
mitigation credit. NCDOT has acquired this stream mitigation credit
from the Dead Oak Mitigation Site, which is part of the RES French
Broad 05 Umbrella mitigation bank. This mitigation site is 41.58-acre
in -size and is located approximately one mile northwest of Alexander
in Buncombe County, North Carolina.
Essential Fish Habitat
Pursuant to the Magnuson -Stevens Fishery Conservation and Management Act,
this Public Notice initiates the Essential Fish Habitat (EFH) consultation
requirements. The Corps' initial determination is that the proposed project would
not affect EFH or associated fisheries managed by the South Atlantic or Mid
Atlantic Fishery Management Councils or the National Marine Fisheries Service.
N.

Cultural Resources
The FHWA is the lead federal agency for this project and for compliance with
Section 106 of the National Historic Preservation Act (NHPA).
Historic Architecture and Landscaae Resources
The NCDOT architectural historian identified the following National Register (NR)
-eligible or NR-listed properties in the project area of potential effects (APE):
• Biltmore Estate (BN1835) — National Historic Landmark (NHL)
• Blue Ridge Parkway (NC0001) — Determined NR eligible, NHL pending
• French Broad River Gaging Station (BN6468) — Determined NR eligible
• Bent Creek Campus (BN0898) — Determined NR eligible
NCDOT recommended an effects assessment for the above -listed historic
properties on June 15, 2021.
Archaeological Resources
The NCDOT archaeologist determined that an archaeological resource survey
was required for the project APE on May 20, 2021. An intensive archaeological
survey and evaluation was conducted for the APE from August to October 2021.
Of the 13 resources identified or revisited by the survey, one site was
recommended eligible. NCDOT submitted the Archaeological Effects Required
Form to NC Historic Preservation Office (NC HPO) and federally -recognized and
interested Tribes on December 10, 2021. On January 18, 2022, NC HPO
concurred with NCDOT's Determination of Eligibility.
Effects Assessment
In accordance with Section 106 of the NHPA, NCDOT and FHWA consulted with
appropriate parties in the determination of effects to the four above -ground
historic architectural properties and one archaeological property at a series of
meetings:
October 7, 2021 - NCDOT and FHWA hosted a Pre -effects Meeting with the NC
HPO and the National Park Service -Blue Ridge Parkway (NPS). The Blue Ridge
Parkway was the topic of discussion.
February 4, 2022 - NCDOT and FHWA hosted an Effects Meeting with NC HPO,
NC Office of State Archaeology (OSA), NPS, and Biltmore Estate. All historic
properties were reviewed for potential effects. Concurrence was reached on all
historic properties except the Blue Ridge Parkway.
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• Following the selection of the Least Environmentally Damaging
Practicable Alternative (LEDPA)/Preferred Alternative at Concurrence
Point 3 on February 9, 2022, NCDOT submitted the No National Register
of Historic Places Eligible or Listed Archaeological Sites Form to NC HPO
on March 10, 2022. NC HPO concurred by letter dated June 20, 2022, that
HE-0001 will have no effect on eligible archaeological resources, including
the eligible archaeological site.
March 18, 2022 - NCDOT and FHWA hosted a follow-up Effects Meeting for the
Blue Ridge Parkway with NC HPO, NPS, Buncombe County, and Biltmore
Farms, LLC (landowner).
May 11, 2022 - NCDOT and FHWA hosted a second follow-up Effects Meeting
for the Blue Ridge Parkway with NC HPO, NPS, Buncombe County, and Biltmore
Farms, LLC.
June 29, 2022 - NCDOT and FHWA hosted a final Effects Meeting for the Blue
Ridge Parkway with NC HPO, NPS, Buncombe County, and Biltmore Farms,
LLC. A No Adverse Effect, with conditions determination, was concurred to for
the Blue Ridge Parkway.
The following effects determinations were made for the proposed project
(Preferred Alternative):
Historic Property (State ID)
Status
Effect
Biltmore Estate (BN1835)
NHL
No Effect
Blue Ridge Parkway (NC0001)
NR eligible; NHL pending
No Adverse Effect,
with conditions
French Broad River Gaging
Station BN6468
NR eligible
No Effect
Bent Creek Campus (BN0898)
NR eligible
No Effect
Archaeological site (31 BN1119)
NR eligible
No Effect
Tribal Coordination
NCDOT initiated contact with the following tribal governments consistent with the
current NCDOT protocol on September 9, 2021:
• Eastern Band of Cherokee Indians (EBCI)
• United Keetoowah Band of Cherokee Indians
• Cherokee Nation
• Catawba Indian Nation
• Muscogee (Creek) Nation
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NCDOT transmitted the Archaeological Effects Form and details regarding the
results of the archaeological survey investigations to the above -listed tribal
governments and NC HPO on December 10, 2021.
Following selection of the LEDPA/ Preferred Alternative on February 9, 2022,
NCDOT transmitted updated information based on the No National Register of
Historic Places Eligible or Listed Archaeological Sites Affected Form to the
above -listed tribal governments on March 10, 2022. NCDOT and FHWA met with
Eastern Band of Cherokee Indians on March 21, 2022, and provided
additional information.
In addition to the Tribal coordination conducted by the FHWA and NCDOT, the
Corps coordinated the Merger Public Notice for this project with the five Tribes
noted above on September 2, 2021.
Section 4(f) of the Department of Transportation Act of 1966
NCDOT and FHWA considered the potential use of Section 4(f) properties by
STIP project HE-0001. Section 4(f) properties in and adjacent to the PSA include
the properties listed in the table above and recreational resources (i.e.,
Mountains -to Sea Trail).The Blue Ridge Parkway is a historic site and a public
park adjacent to the PSA.
No right of way acquisition is required from Section 4(f) properties; thus, a
permanent incorporation or permanent easement use is not applicable. No
temporary easement will be required from Section 4(f) properties; thus, a
temporary occupancy use is not applicable.
Constructive use involves an indirect impact to a Section 4(f) property of such
magnitude as to effectively act as a permanent incorporation. In such a scenario,
a project does not physically incorporate the property but is close enough to it to
severely impact important features, activities or attributes associated with it, and
to substantially impair it. Proximity effects to the Blue Ridge Parkway were
considered through Section 106 Consultation. However, it was determined that
visual effects do not severely impact important features, activities or attributes
associated with the Parkway, nor will visual impacts substantially impair the
property. NCDOT evaluated future potential noise impacts to the Parkway as
well. This project would not substantially alter future sound levels along the
studied portion of the Blue Ridge Parkway adjacent to the proposed project. The
traffic analyses concluded that construction of HE- 0001 would not attract
additional trips to the Parkway.
As a result, the FHWA and NCDOT determined that no Section 4(f) constructive
uses would result from STIP project HE-0001.

Endangered Species
The FHWA is the lead federal agency for this project, which includes compliance
with Section 7(a)2 of the Endangered Species Act (ESA). As such, the FHWA
has made determinations of effect to federally listed species and received
concurrence with these determinations from the USFWS. The table below
contains the federally listed species in the project area from the USFWS's
Information for Planning and Consultation (IPaC) tool:
Scientific Name
Common Name
Federal
Status
Habitat
Present
Biological
Conclusion
M otis grisescens
bat
Endan ered
Yes
MANLAA
_Gray
Myotis septentrionalis
Northern long-eared bat
Threatened
Yes
MANLAA
Perimyotis subflavus
Tricolored bat
Proposed
Endangered
Yes
MANLAA
Glyptemys muhlenbergii
Bog turtle
T(S/A)
No
Not Required
lasmidonta raveneliana
Appalachian elktoe
Endangered
No
MANLAA
Sarracenia rubra ssp. joneshMountain
sweet pitcher
plant
Endangered
No
No Effect
Gymnoderma lineare
Rock gnome lichen
Endangered
No
No Effect
T(S/A) - Threatened due to similarity of appearance; MANLAA - May Affect —Not Likely to
Adversely Affect.
NCDOT, for the FHWA, submitted informal concurrence requests or information
to the USFWS on the following dates for this project: November 18, 2021; March
16, 2022; July 22, 2022; and November 21, 2022.
By letter dated January 13, 2023, the USFWS concurred with FHWA/NCDOT's
determinations of MANLAA for the Northern long-eared bat (uplisted since the
previous letter) and the Tricolored bat (a proposed endangered species). This
concurrence is dependent on NCDOT's compliance with the "...previously
established conservation measures, including the commitment to remove trees in
the winter...".
By letter dated July 22, 2022, the USFWS concurred with FHWA/NCDOT's
determinations of MANLAA for the Appalachian elktoe and the Gray bat. This
concurrence is dependent on NCDOT's compliance with the conservation
measures outlined in the letter.
Other Required Authorizations
The Corps forwards this notice and all applicable application materials to the
appropriate State agencies for review.
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North Carolina Division of Water Resources (NCDWR):
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
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 120 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 May 22, 2023 to:
NCDWR Central Office
Attention: Ms. Amy Chapman, Transportation 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):
Based upon all available information, the Corps has determined that this
application for a Department of Army 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).
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
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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 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.
The Corps of Engineers, Wilmington District will receive written comments
pertinent to the proposed work, as outlined above, until 5pm, June 01,2023.
Comments should be submitted to Lori Beckwith, Regulatory Project Manager,
Asheville Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville,
North Carolina 28801-5006, at [phone], ext. 4223. Comments can also
be emailed to loretta.a.beckwitha-usace.armv.mil.
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