20071841 Ver 8_Public Notice_20240523

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PUBLIC NOTICE
US Army Corps
Of Engineers
Wilmington District
Issue Date -May 23, 2024
Comment Deadline -June 22, 2024
Corps Action ID Number: SAW-2024-00897
The Wilmington District, Corps of Engineers (Corps) received an application on April 22,
2024 from Greater Asheville Regional Airport Authority seeking Department of the Army
authorization to discharge 0.028 acres of fill, associated with the replacement and
extension of a culvert in Asheville, Buncombe 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.m it/Missions/Regulatory-Perm it-Program/Public-Notices/
Applicant: Mr. Michael Reisman
Greater Asheville Regional Airport Authority
61 Terminal Drive, Suite 1
Fletcher, NC 28732
AGENT (if applicable): Mr. Eric Romaniszyn
ClearWater, an EnviroScience Company
145 7th Avenue West, Suite B
Hendersonville, NC 28792
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:
❑x 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: The culvert extension project will be located south of Asheville in
Buncombe County, North Carolina. Specifically, the project area will be south of the airport
runway, north of the intersection of French Broad Ln and Airport Road/Highway 280. The
site is bordered to the north by the airport runway, east and south by Airport Road/Highway
280, and to the west by the airport runway and Ferncliff Park Dr.
Project Area (acres): 1.85
Nearest Town: Asheville
Nearest Waterway: French Broad River
River Basin: French Broad
Latitude and Longitude: 35.423337N,-82.536040W
Existing Site Conditions
The project site is vegetated with maintained grass along a majority of the site. The site
is sloping with an average elevation of approximately 2,070 feet above mean sea level.
The site contains a stream channel and that drains to the French Broad River. The
unnamed stream channel Stream 1 (S1) is a perennial stream channel which totals 687
linear feet. The site contains 123 linear feet of existing culverted stream.
Applicant's Stated Purpose
The purpose of the project as stated by the Applicant is to replace and extend an
existing culvert to comply with Federal Aviation Administration design standards for the
Runway Safety Area by expanding the Runway Object Free Area for greater airport
security as well as provide streambank erosion protection.
Project Description
In order to expand the Runway Object Free Area, the Applicant is proposing to
permanently impact 242 linear feet of stream channel by filling/culverting as well as
replacing 123 linear feet of existing culvert. Approximately 365 linear feet of S1 will be
filled/culverted.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or
minimize impacts to the aquatic environment:
The proposed culvert will only be extended the minimum length needed to be located
out of the ROFA fenced in area. This will avoid approximately 445 linear feet of stream
in the project area (65%). Appropriate erosion and sediment controls will be used during
all construction phases, including silt fence and stabilizing with seed and straw when
construction activities are complete. The upstream and downstream ends of the new
culvert will be protected with pre -cast, 96-inch concrete headwalls that will also be
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stabilized with rip -rap. The culvert and headwalls will be installed in -the -dry using a
pump around system; installation details are provided in Figure 5. Any fill used for this
project will be clean fill dirt..
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment:
To mitigate for stream channel impacts through payment into the N.C. Division of
Mitigation Services (DMS) in lieu fee program at a 1:1 ratio.
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
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:
❑x Should historic properties (i.e., properties listed in or eligible for inclusion in the
National Register of Historic Places) be present within the Corps' permit area, the
proposed activity requiring the DA permit (the undertaking) is a type of activity
that has no potential to cause an effect to an historic property.
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.
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:
❑x The Corps determines that the proposed project would not affect federally listed
endangered or threatened species or their formally designated critical habitat.
Other Required Authorizations
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The Corps forwards this notice and all applicable application materials to the
appropriate State agencies for review.
North Carolina Division of Water Resources (NCDWR):
❑x 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,
(Physical address): 512 North Salisbury Street, Raleigh, North Carolina
27604
North Carolina Division of Coastal Management (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
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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
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,June 6, 2024. Comments should be
submitted to Mr. Mitchell Anderson, Asheville Regulatory Field Office, 151 Patton
Avenue, Room 208, Asheville, North Carolina 28801-5006, or via email at
[e-mail]. The Corps Project Manager can be contacted at
[phone] extension 4231. Comments may also be submitted to
[e-mail].
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