HomeMy WebLinkAbout20150620 Ver 1_Public Notice_20151209Burdette, Jennifer a
From: Wallace, Nancy SAW <Nancy.Wallace@usace.army.mil>
Sent: Wednesday, December 09, 2015 12:51 PM
Subject: US Army Corps of Engineers Wilmington District Public Notice (UNCLASSIFIED)
CLASSIFICATION: UNCLASSIFIED
As you requested, you are hereby notified that Wilmington District, United States Army Corps of Engineers has
issued a Public Notice. The text of this document can be found on the Public Notices portion of the Regulatory
Division Home Page. Each Public Notice is available in ADOBE ACROBAT (.pdo format for viewing,
printing or download at http://www._saw.us�ce army.mil/Missions/l�e�;ulatory ermitPro� ram asp
The current notice involves:
Corps Action ID#: SAW -2015-01300
Issue Date: December 9, 2015
Applicant: UNC -Charlotte Facilities Management
Expiration Date: January 8, 2016
Point of Contact: William Elliott, 828-271-7980 ext. 224
Project Description: The Wilmington District, Corps of Engineers (Corps) has received an application from
Mr. Philip Jones, University of North Carolina at Charlotte (UNCC) Facilities Management seeking Department
of the Army authorization to impact 0.68 acre of jurisdictional open water, 82 linear feet of jurisdictional stream
channel and 0.1 acre of wetland associated with stormwater management facility construction in Mecklenburg
County, North Carolina.
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CLASSIFICATION: UNCLASSIFIED
I I
I•.•I PUBLIC NOTICE
US Army Corps
Of Engineers
Wilmington District
Issue Date: December 9, 2015
Comment Deadline: January 8, 2015
Corps Action ID Number: SAW -2015-01300
The Wilmington District, Corps of Engineers (Corps) has received an application from
Mr. Philip Jones, University of North Carolina at Charlotte (UNCC) Facilities Management
seeking Department of the Army authorization to impact 0.68 acre of jurisdictional open water,
82 linear feet of jurisdictional stream channel and 0.1 acre of wetland associated with stormwater
management facility construction in Mecklenburg 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 http://www.saw.usace.anny.mil/Missions/RegulatoryPermitProgrwn.aspx
Applicant: UNC Charlotte - Philip M Jones
9201 University City Boulevard
Charlotte, North Carolina 28223
AGENT (if applicable): Carolina Wetland Services - Gregg C Antemann
550 E. Westinghouse Boulevard
Charlotte, North Carolina 28273
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:
® Section 404 of the Clean Water Act (33 U.S.C. 13 44)
❑ 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
Directions to Site: The project area is located on UNC Charlotte Main Campus, across from 8919
University Rd, Charlotte, Mecklenburg NC 28270 (within 200 -foot buffer around Davis Lake).
Project Area (acres): 7.5 Nearest Town: Charlotte
Nearest Waterway: Toby Creek River Basin: Yadkin -Pee Dee HUC# 03040105
Latitude and Longitude: 35.303697N, -80.735128W
Existing Site Conditions
The site consists of university buildings with maintained landscaping and wooded areas. Within
the project boundary is and an intermittent stream, a wetland and open water. The typical on-site
vegetation includes red maple (Acer rubrum), loblolly pine (Pinus taeda), sweetgum
(Liquidambar styraciflua), eastern red cedar (Juniperus virginiana), American beech (Fagus
grandifolia), autumn olive (Eleaganus umbellata), common violet (Viola sororia), Japanese
honeysuckle (Lonicera japonica), and fescue (Festuca sp.).
According to the Soil Survey of Mecklenburg County' (Figures 5 and 6, attached), on-site soils
consist of Urban land (Ur), Wilkes loam, 15 to 25 percent slopes (WkE), and Wilkes loam, 25 to
45 percent slopes (WkF). Urban land soils consist of an impervious layer over human transported
materials. Wilkes soils are well -drained soils. None of the on-site soils are listed on the North
Carolina Hydric Soils List for Mecklenburg County or on the National Hydric Soils List for
Mecklenburg County, North Carolina.3
Applicant's Stated Purpose
UNC Charlotte has a goal of creating a stormwater management plan in order to provide
treatment of runoff from impervious areas created by future development. Their proactive
approach includes providing on-site water quality treatment and stormwater opportunities prior
to future development.
The purpose of this project is to retrofit an existing pond into a stormwater BMP to treat runoff
from surrounding and adjacent impervious areas (Figures 9 and 10, attached). Moreover, native
wetland plants will be utilized on the proposed littoral shelf to provide additional water quality
treatment and aesthetic values (Figure 10, attached). This proactive approach is a step forward in
UNC Charlotte's stormwater management program and will ensure that future development on
campus will not cause a negative impact to on-site and downstream waters.
Project Description
The existing 0.68 acre pond (Pond A) is proposed to be converted to a stormwater management
facility. The proposed new pond will have a pool surface area of 0.64 acre at normal pool
elevation. Pond A will partially filled due the construction of a littoral shelf, while the eastern
portion will be expanded by excavation. Therefore, total permanent loss of pond area totals 0.04
acre (Figure 9).
' United States Department of Agriculture (USDA), 2013. Soil Survey of Mecklenburg County, North Carolina.
2 United States Department of Agriculture —Natural Resources Conservation Service, 1999. North Carolina Hydric Soils List, USDA-NRCS
North Carolina State Office, Raleigh
s USDA-NRCS Hydric Soils List, http://soils.usda.gov/use/hydric/lists/state.html, updated April 2012.
-2-
Excavation of accumulated sediments (pond maintenance) from the bed of the lake is necessary,
and will ultimately deepen the lake to increase detention capacity. During this process, the littoral
shelf will be constructed. The proposed littoral shelf will be planted with native wetland species
(Figure 10 (attached)). This stormwater feature improve water quality of stormwater runoff by
filtration.
The eastern portion of the proposed stormwater management pond will be expanded by excavation
and this will impact 82 linear feet of a seasonal stream channel (Stream A) and 0.099 acre of
jurisdictional wetlands (Wetland AA and Wetland BB). These impacts to the jurisdictional stream
and wetlands are necessary to construct the proposed forebay for the stormwater management
facility (Figure 10). The proposed forebay is designed to capture and settle out sediments prior to
entering the main pond and is sized according to the capacity required of the proposed retrofit.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or minimize
impacts to the aquatic environment:
Impacts to on-site jurisdictional waters of the U.S. have been reduced to the maximum extent
that is practical. Proper sediment and erosion control measures will be applied to minimize
disturbances to downstream waters. No impact to downstream waters is proposed. The
excavation for the stormwater management pond construction will be completed with
equipment operating from upland areas. Removed sediments will be hauled off site. All
disturbed areas will be seeded and matted with natural fiber matting. CWS believes the
proposed design represents the least damaging environmental alternative while still meeting
the goals of the project. The proposed impacts are designed to improve storm water
management and water quality treatment of stormwater runoff.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment:
Permanent impacts to jurisdictional waters of the U.S. have been limited to less than 0.1 acre
of wetland impacts and less than 150 linear feet of stream channel due to excavation. Due to
the limited impacts and current USACE and NCDWR policy to allow impacts to open water
ponds without providing compensatory mitigation, no mitigation is proposed for these
impacts.
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 may affect, but not likely to adversely affect EFH or
associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management
Councils or the National Marine Fisheries Service.
-3-
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 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:
❑ Should historic properties, or properties eligible for inclusion in the National Register, be
present within the Corps' permit area; the proposed activity requiring the DA permit (the
undertaking) is a type of activity that will have no potential to cause an effect to an
historic properties.
® No historic properties, nor properties eligible for inclusion in the National Register, are
present within the Corps' permit area; therefore, there will be no historic properties
affected. The Corps subsequently requests concurrence from the SHPO (or THPO).
❑ Properties ineligible for inclusion in the National Register are present within the Corps'
permit area; there will be no historic properties affected by the proposed work. The Corps
subsequently requests concurrence from the SHPO (or THPO).
❑ Historic properties, or properties eligible for inclusion in the National Register, are
present within the Corps' permit area; however, the undertaking will have no adverse
effect on these historic properties. The Corps subsequently requests concurrence from the
SHPO (or THPO).
❑ Historic properties, or properties eligible for inclusion in the National Register, are
present within the Corps' permit area; moreover, the undertaking may have an adverse
effect on these historic properties. The Corps subsequently initiates consultation with the
SHPO (or THPO).
❑ The proposed work takes place in an area known to have the potential for the presence of
prehistoric and historic cultural resources; however, the area has not been formally
surveyed for the presence of cultural resources. No sites eligible for inclusion in the
National Register of Historic Places are known to be present in the vicinity of the
proposed work. Additional work may be necessary to identify and assess any historic or
prehistoric resources that may be present.
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-indentified permit area.
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:
❑ The Corps determines that the proposed project would not affect federally listed
endangered or threatened species or their formally designated critical habitat.
❑ The Corps determines that the proposed project may affect federally listed endangered or
threatened species or their formally designated critical habitat. The Corps initiates
consultation under Section 7 of the ESA and will not make a permit decision until the
consultation process is complete.
® The Corps is not aware of the presence of species listed as threatened or endangered or
their critical habitat formally designated pursuant to the Endangered Species Act of 1973
(ESA) within the project area. The Corps will make a final determination on the effects of
the proposed project upon additional review of the project and completion of any
necessary biological assessment and/or consultation with the U.S. Fish and Wildlife
Service and/or National Marine Fisheries Service.
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): 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, combined with the appropriate application fee, at the NCDWR Central Office
in Raleigh constitutes initial receipt of an application for a 401 Certification. A waiver will be
deemed to occur if the NCDWR fails to act on this request for certification within sixty days of
receipt of a complete application. 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 January 8, 2016 to:
NCDWR Central Office
(Mailing address) Attn: Ms. Karen Higgins, 401 and Buffer Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
.13
(Physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604
-5-
North Carolina Division of Coastal Management (NCDCM):
❑ The application did not include a certification that the proposed work complies with and
would be conducted in a manner that is consistent with the approved North Carolina
Coastal Zone Management Program. Pursuant to 33 CFR 325.2(b)(2) the Corps cannot
issue a Department of Army (DA) permit for the proposed work until the applicant
submits such a certification to the Corps and the NCDCM, and the NCDCM notifies the
Corps that it concurs with the applicant's consistency certification. As the application did
not include the consistency certification, the Corps will not request, upon receipt,
concurrence or objection from the NCDCM.
❑ 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.
WOE
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, January 15, 2016. Comments should be submitted
to Mr. William Elliott, Regulatory Specialist, Asheville Regulatory Field Office,
151 Patton Avenue, Room 208, Asheville, North Carolina 28801-5006, at (828) 271-7980.
-7-
Seasonal RPW Stream A
- 309 LF
1
Memoriz all
Pond A (Davis Lake)
- 0.68 ac
'4 9fk
Seasonal RPW Stream B \I \
247 LF
100 50 0 100 Feet
NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED. CLASSIFIED, AND MAPPED
WITH ASUB-METER GPS UNIT BY CWS, INC. ON MAY 29, 2014. JURISDICTIONAL FEATURES
HAVE BEEN FIELD -REVIEWED BY USACE DURING ASITE VISIT ON JULY 15, 2015.
REFERENCE: BACKGROUND GIS LAYERS PROVIDED BY MECKLENBURG COUNTY GIS
DEPARTMENT, DATED 2009. STREAM AND WETLAND LAYERS GENERATED BY CWS, INC.,
DATED MAY 2014.
SCALE: 111 . 100, DATE: 7-22-15
L
CWS PROJECT - DRAWN BY: AVHCWS
2015-3551 REV LICANT NO: CHECKED BY:
KMT WWW.CWS-INC.NET
Cone Parking Deck 1
Universit Road
Seasonal RPW Stream A
264 LF
Wetland BB
0.015 ac —
Wetland AA
0.092 ac
kscPi
Legend
Project Limits
Davis Lake
® Wetlands
..... Seasonal RPW
Buildings
Roads
Parcels
♦SCP Stream Classification Point
*DP Data Point
Photo Location & Direction
Approximate Jurisdictional
Boundary Map
UNCC Davis Lake Site
Charlotte, North Carolina
CWS Project No. 2015-3551
FIGURE NO.
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Dewberry Engineers Inc.
6135 Lakeview Rd - Suite 150
Charlotte, NC 28269
Phone: 704.509.9918
Fax: 704.509.9937
www.dewberry.com
NCBELS #F-0929
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DO NOT USE FOR
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SCALE 1" =20'
NO. DATE BY DESCRIPTION
REVISIONS
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CHECKED BY RSN
DATE OCTOBER 16, 2014
TITLE
GRADING PLAN
PROJECT NO. 50069420
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TITLE
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Dewberry Engineers Inc.
6135 Lakeview Rd - Suite 150
Charlotte, NC 28269
Phone: 704.509.9918
Fax: 704.509.9937
www.dewberry.com
NCBELS #F-0929
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TITLE
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TITLE
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