20240241 Ver 1_Public Notice_20240220

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PUBLIC NOTICE
US Army Corps
Of Engineers
Wilmington District
Issue Date: February 20, 2024
Comment Deadline: March 21, 2024
Corps Action ID Number: SAW-2001-20723
The Wilmington District, Corps of Engineers (Corps) received an application on
February 9, 2024, from Johnston Regional Airport (JNX) seeking Department of the
Army authorization to discharge dredged or fill material into potential waters of the
United States, including potential wetlands, associated with the Midfield Apron
Development in Johnston 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.miI/Missions/Regulatory-Permit-Program/Public-Notices/
Applicant: Johnston Regional Airport
Mr. Phil Lanier
3149 Swift Creek Road
Smithfield, North Carolina 27577
AGENT (if applicable): AECOM
Mr. Kevin Lapp
5438 Wade Park Blvd, Suite 200
Raleigh, North Carolina 27607
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:
0 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)
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Location
Location Description: As depicted in Figure 1, the proposed Johnston Regional Airport
Midfield Apron Development (Project) is situated in Smithfield, in Johnston County,
North Carolina. Specifically, the Project area (Site) is located east of Swift Creek Road,
approximately 0.6 mile southwest of the intersection of Swift Creek Road and U.S.
Highway 70 Business, northwest of Smithfield, North Carolina.
Project Area (acres): -88
Nearest Town: Smithfield
Nearest Waterway: Swift Creek
River Basin: Neuse
Latitude and Longitude: 35.542668 N,-78.390407 W
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Figure 1
,in `%- / 1
Linear Dry Pond' /
Level Spreader
Area
Existing Site Conditions
The Site is located within the Upper Neuse sub -watershed in the Neuse River Basin
(Hydrologic Unit Code [HUC] 03020201). The Site drains to Swift Creek (Stream Index:
27-43-(8)), which is designated as a Class C water (Aquatic Life, Secondary Contact
Recreation, Fresh Water) by the North Carolina Department of Environmental Quality
(NCDEQ). The Site is bound by industrial and commercial land use to the north and
west, and undeveloped woodlands and agricultural land use to the east and south.
The Site is comprised of existing airport infrastructure, mowed/maintained areas, and
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hardwood pine forest. The hardwood pine forest community consist of a mixture of
mature red maple (Acer rubrum), tulip poplar (Liriodendron tulipifera), sweetgum
(Liquidambar styraciflua), and loblolly pines (Pinus taeda). The submerged gravel
wetland area, depicted on Figure 1, is a former stormwater treatment facility currently
inundated with water, containing emergent wetland vegetation such as wool grass
(Scirpus cyperinus) and soft rush (Juncus effusus) along with shrubs such as tag alder
(Alnus serrulata). The borrow area northeast of the proposed submerged gravel wetland
area is a field, mowed and maintained for airport safety and operations.
Based on information obtained from the United State Department of Agriculture (USDA)
Natural Resources Conservation Service (NRCS) Soil Survey for Johnston County, the
Soils within the Site are comprised of 11 soil series summarized in Table 1 below.
Table 1
Map
Unit
Map Unit Name
Acres
Percent of
Symbol
in Site
Site
AaA
Altavista fine sandy loam, 0 to 2 percent slopes,
1
1.2%
occasionally flooded
Bb
Bibb sandy loam, 0 to 2 percent slopes, frequently flooded
5
5.8%
GeB
Gilead sandy loam, 2 to 8 percent slopes
5.5
6.3%
Le
Leaf silt loam, 0 to 2 percent slopes
15.4
17.7%
NnB
Nason silt loam, 2 to 8 percent slopes
0
N/A
NnD
Nason silt loam, 8 to 15 percent slopes
1.1
1.3%
NnE
Nason silt loam, 15 to 25 percent slopes
2.6
3.0%
NoB
Norfolk loamy sand, 2 to 6 percent slopes
16.2
18.7%
UcC
Uchee loamy coarse sand, 6 to 12 percent slopes
2.7
3.1 %
Ud
Udorthents, loamy
34.4
39.6%
Ww
Wehadkee-Chastain association, 0 to 2 percent slopes,
2.9
3.4%
frequentl flooded
The Corps issued a Preliminary Jurisdictional Determination (PJD) for the Site on June
15, 2020. An updated PJD Request was received by the Corps on June 2, 2023. A site
visit to review the lateral limits of potential waters of the US (WOUS) was performed by
the Corps on September 8, 2023. Based on the most recent delineation the Site
contains three potential non -wetland waters (streams) and five potential wetland waters
(wetlands).
Wetland hydrology indicators such as surface water, high water table, soil saturation,
water -stained leaves, and saturation visible on aerial imagery were observed within
wetlands. The dominant trees/sapling/shrubs observed at wetland determination data
form locations included red maple, tulip poplar, sweetgum, and loblolly pines. Dominant
ground cover species consisted of smartweed (Persicaria pensylvanica), common green
briar (Smilax rotundifolia), and soft rush. Soils at the data form locations consisted of
matrices of chroma 1 and 2 loamy/clayey with prominent redox concentrations,
indicating a depleted matrix hydric soil indicator.
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Applicant's Stated Purpose
The basic project purpose as stated by the applicant is to provide additional hanger
space.
The overall project purpose as stated by the applicant is to provide safe and efficient
aviation facilities to meet current and projected demand and meet current Federal
Aviation Administration (FAA) design standards. The Airport has 126 based aircraft and
is projected to have 171 based aircraft within the 20-year planning horizon. Per the
2022 Master Plan Update, the Airport has the following storage facilities: t-hangars (46
units), box hangars (4 buildings), fixed based operators (FBO) (5 buildings), and
corporate hangars (11 buildings). JNX is currently unable to accommodate existing
demand for hangar space and the Project will address a portion of the demand.
Project Description
In order to meet the stated purpose the applicant proposes to develop the Project. This
development would address a portion of the existing demand for hanger space at the
JNX airport, with an estimated 34 hangars of various sizes, the Project could
accommodate an estimated 34 to 56 aircraft, depending upon the size of the aircraft.
Additionally, the project proposes a stormwater control measure (SCM) identified as a
submerged gravel wetland. The applicant states that the SCM facility types selected
would provide significant reductions in sediment within stormwater runoff from the
watershed prior to discharge into the receiving streams, Reedy Branch and Swift Creek.
Additionally, the proposed SCMs were selected to discourage wildlife activity per FAA
regulations.
Additional stormwater treatment would be required by the FAA within aircraft storage
and maintenance areas in the form of glycol diversion vaults, oil/water diversion vaults,
and 5,000-gallon oil/water separators that would be implemented in two locations. The
first location would capture drainage from the midfield apron area and the second would
capture drainage from the south hangar area. These treatment facilities would provide
protection to the proposed SCMs and other downstream areas from the discharge of oil,
grease, and other contaminants from aircraft and maintenance activities.
The Project would result in the discharge of fill material into a total of 0.090 ac (1,390
linear feet [Ifj) of stream channel and 18.67 acre (ac) of wetlands. More specifically, the
grading and construction of the midfield apron development would result in the loss of
10.43 ac of wetlands and 0.018 ac (397 If) of stream channel. The installation of the
submerged gravel stormwater treatment wetland area would result in the loss of 8.24 ac
of wetlands and 0.072 ac (993 If) of stream channel.
Avoidance and Minimization
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The applicant provided the following information in support of efforts to avoid and/or
minimize impacts to the aquatic environment:
In order to avoid and minimize impacts to the maximum extent practicable field surveys
were conducted to identify aquatic resources (potentially jurisdictional
streams/wetlands/open waters) within the proposed project area.
Erosion and sediment control measures would be utilized during Project construction to
prevent sediment laden runoff from entering downslope stream systems. Protective
measures would include prohibition of entry into the protected buffer along Swift Creek.
Construction dewatering would be kept internal to the area disturbed and would not
drain in the direction of Swift Creek. Soil stockpiles would be placed in a manner or
protected so that there would be no drainage towards Swift Creek.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment:
The applicant proposes to provide compensatory mitigation at a 2:1 mitigation to impact
ratio for the loss of all potentially jurisdictional streams and wetlands except for those
that were rated "Low" quality when evaluated using the North Carolina Stream
Assessment Method (NCSAM) and North Carolina Wetlands Assessment Method
(NCWAM). The applicant proposes to provide compensatory mitigation at a 1:1 ratio for
the loss of potentially jurisdictional streams and wetlands rated "Low".
The applicant proposes to purchase 1,816.7 warm -water stream credits and 37.14
riparian non-riverine and non -riparian wetland credits from a combination of available
mitigation banks and the North Carolina Division of Mitigation Services (NCDMS) in lieu
fee program. The proposed compensatory mitigation plan is summarized in tables 2 and
3 below.
Table 2 Stream CompensatoryMiti ation
Impact
NCSAM
Proposed
Stream
Proposed
Impact #
Type
Rating
Mitigation
Loss
Credits
Ratio
Liner Feet
Stream A- Impact
Permanent
1
Culvert
Low
1:1
397
397
Extension
Stream S1-
Permanent
Impact 1
Culvert
Low
1:1
426.3
426.3
Extension
Stream S2-
Permanent
Low
1:1
139.4
139.4
Impact 1
Gravel Fill
Stream S3-
Permanent
High
2:1
427
854
Impact 1
Gravel Fill
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Impact
NCSAM
Proposed
Stream
Proposed
Impact #
Type
Rating
Mitigation
Loss
Credits
Ratio
Liner Feet
Total
1,389.7
1,816.7
Table 3 (Wetland Compensatory Mitigation)
Impact
NCWAM
Proposed
Wetland
Proposed
Impact #
Type
Rating
Mitigation
Loss
Ratio(Acres)Credits
Wetland WA-
Permanent
Impact 1
Fill
Low
1:1
0.03
0.03
Riparian
Wetland WB-
Permanent
Impact 1
Fill
High
2:1
10.26
20.52
(Non -riparian)
Wetland W1-
Permanent
Impact 1
Fill
Low
1:1
0.17
0.17
Riparian
Wetland W2
Permanent
(PSS)- Impact 1
Medium
2:1
0.70
1.4
(Riparian)Fill
Wetland W2
Permanent
(PEM)- Impact 1
Fill
Medium
2:1
1.4
2.88
Riparian
Wetland W3 —
Permanent
Impact 1
Fill
Medium
2:1
0.02
0.04
Riparian
Wetland W4 —
Permanent
Impact 1
Fill
Medium
2:1
1.59
3.18
(Riparian)
Wetland W4-
Permanent
Impact 1
Fill
Medium
2:1
4.46
8.92
Non -riparian
Total
18.67
37.14
Essential Fish Habitat (EFH)
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.
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
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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:
0 No historic properties (i.e., properties listed in or eligible for inclusion in the
National Register of Historic Places) are present within the Corps' permit area;
therefore, there will be no historic properties affected. The Corps subsequently
requests concurrence from the SHPO and/or THPO.
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 -identified permit area.
In a letter dated October 26, 2023, logged as ER 23-2261, the SHPO stated that they
have conducted a review of the project and are aware of no historic resources which
would be affected by the project and therefore had no comment on that project as
proposed.
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:
0 For the proposed project, the Corps has made the following determination for
federally listed endangered or threatened species or their formally designated
critical habitat: May Affect, Not Likely To Adversely Affect
OBy 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 applicant included the following effect determinations (presented in Table 4 below)
for federally listed species within the Site according to the U.S. Fish & Wildlife Service
(Service) Information for Planning and Consultation (IPaC) website.
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Table 4
Scientific Name
Common Name
Federal
Status
Habitat
Present
Preliminary Effects
Assessment
Perimyods subflavus
Tri-colored Bat
Proposed
Endangered
Yes
None Required
Picoides borealis
Red -cockaded woodpecker
Endangered
Yes
No Effect
Necturus lewisii
Neuse River waterdog
Threatened
No
No Effect
Noturus furiosus
Carolina madtom
Endangered
No
No Effect
Fusconaia masoni
Atlantic pigtoe
Threatened
No
No Effect
Alasmidonta heterodon
Dwarf wedgemussel
Endangered
No
No Effect
Elliptio lanceolata
Yellow lance
Threatened
No
No Effect
Danaus plexippus
Monarch butterfly
Candidate
Yes
None Required
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):
0 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 180 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 should do so in writing, within 30 days of the issue date of the notice
by emailing comments to [e-mail] with the subject line of
"401 Water Quality Certification" or by mail to:
NCDWR Central Office
Attention: Stephanie Goss, 401 and Buffer Permitting Branch
(USPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699-
1617
Or,
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(Physical address): 512 North Salisbury Street, Raleigh, North Carolina
27604
North Carolina Division of Coastal Management (NCDCM):
0 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).
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
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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, March 21, 2024. Comments should be
submitted to Matthew Martin, Raleigh Regulatory Field Office, 3331 Heritage Trade
Drive, Suite 105, Wake Forest, North Carolina 27587, or via email at
Matthew. K.Martin @usace.army.mi1. The Corps Project Manager can be contacted at
[phone]. Comments may also be submitted to [e-mail].
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