HomeMy WebLinkAbout20160216 Ver 1_Public Notice_20160407Burdette, Jennifer a
From: Folta, Christine W SAW <Christine.W.Folta@usace.army.mil>
Sent: Thursday, April 07, 2016 10:41 AM
Subject: US Army Corps of Engineers Public Notice
As you requested, you are hereby notified that the Wilmington District, United States 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 (.pdf) format for viewing, printing or download
at: http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx.
The current notice involves:
Corps Action ID#: SAW -2010-01336
Issue Date: April 7, 2016
Applicant: Town of Hope Mills
Expiration Date: May 6, 2016
Point of Contact: Ms. Emily Greer, Project Manager
Project Description:
The Wilmington District, Corps of Engineers (Corps) received an application from the Town of Hope Mills seeking
Department of the Army authorization to impact waters and wetlands of the US, associated with the demolition of an
existing, failed dam and construction of a new, smaller spillway within the existing project footprint in Hope Mills,
Cumberland County, North Carolina.
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N 1
L' � 1
US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: 7 April 2016
Comment Deadline: 6 May 2016
Corps Action ID Number: SAW -2010-01336
The Wilmington District, Corps of Engineers (Corps) received an application from the
Town of Hope Mills seeking Department of the Army authorization to impact waters and
wetlands of the US, associated with the demolition of an existing, failed dam and
construction of a new, smaller spillway within the existing project footprint in Hope
Mills, Cumberland 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:
htlp://www.saw.usace.army.mil/Missions/Re ,ulatolyPermitPro rg am.aspx
Applicant:
AGENT (if applicable):
Authority
Town of Hope Mills
c/o Mr. John Ellis
5770 Rockfish Road
Hope Mills, North Carolina 28348
RJ Goldstein & Associates
c/o Mr. Gerald Pottern
1221 Corporation Parkway
Raleigh, North Carolina 27610
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. 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
Version 7.8.2014 Page 1
Directions to Site: From Interstate 40, take Exit 41 onto NC -59 North (Chickenfoot Road
becomes South Main Street). Proceed northwest 2.8 miles, past Lakeview Drive, and turn
right into the town park located on the southwest side of the lake for access to the
spillway construction and lower lake pool. The site is located on the east side of Main
Street, as shown in the attached Construction Map.
Project Area (acres): —30 Nearest Town: Hope Mills
Nearest Waterway: Little Rockfish Creek River Basin: Cape Fear River Basin
Latitude and Longitude: 34.973N, -78.945W
Existing Site Conditions
The original dam, constructed in the 1920s, failed in 2003 as a result of a major storm,
and was replaced with the current spillway in 2008. Poor design and construction was
found to be the cause of the spillway failing again in 2010. The existing spillway
includes a 360 foot wide, four -pronged labyrinth structure that extends 300 feet north
from the centerline of the Lakeview Road bridge, which was built on the crest of the
existing dam embankment, and a 120 foot wide concrete chute that extends southward
toward the downstream toe of the spillway, approximately 60 feet south of the bridge.
Since the 2010 failure, the original —120 acre lake bed has remained mostly drained, and
Little Rockfish Creek has been allowed to flow somewhat freely. The 2,500 linear feet of
Little Rockfish Creek upstream of the existing structure is semi -impounded. Two pooled
areas exist on the left and right sides of the spillway, separate from the main channel
flow. Forested and herbaceous vegetation have established throughout the original pool
area. Woody vegetation consists of black willow (Salix nigra), sweet gum (Liquidambar
styraciflua), loblolly pine (Pinus taeda), red maple (Acer rubrum), American sycamore
(Platanas occidentalis), buttonbush (Cephanlanthus occidentalis), Chinese privet
(Ligustrum sinense) and bald cypress (Taxodium distichum). Predominant herbaceous
vegetation consists of a mix of sedges, rushes, and native and exotic grasses such as
trumpet creeper (Campsis radicans), Virginia creeper (Parthenocissus quinquefolia),
jewelweed (Impatiens capensis), knotweed (Polygonum spp.), and primrose (Ludwigia
sp.).
Applicant's Stated Purpose
The purpose of the project is to remove the imminent threat of failure of the Lakeview
Road bridge by structurally separating the dam from Lakeview Road utilizing current
North Carolina Dam Safety and North Carolina Department of Transportation design
standards and replacing it with a smaller, safer dam in order to restore the lake to the
normal pool elevation of 105 to 106 feet.
Project Description
The proposed project entails temporary fill of 0.23 acres of open water for cofferdam
installation so that the lakebed and channel below the existing spillway can be dewatered
Version 7.8.2014 Page 2
within construction areas and the stream diverted during the four stages of demolition and
new dam construction. Permanent fill will be required for the new right and left
abutments (0.21 acres and 0.45 acres of open water impacts, respectively) and for the
construction of the new spillway and foundation, which is needed to structurally separate
the dam from Lakeview Road. The new spillway will be smaller than the existing
structure, and therefore, constructed entirely within the existing footprint of the failed
spillway. Once the lakebed refills, the dam will have impounded water to its historical
level of 105 to 106 feet in elevation, impacting 4.72 acres of open water, 11,400 linear
feet of streambed, and 23.70 acres of wetlands that have established since the 2010
spillway failure.
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 project footprint will be
entirely within the existing footprint of the failed spillway. Because the replacement
spillway will be smaller than the existing structure, no additional impacts are needed for
the proposed structure. Stream and wetland impacts as a result of impounding Little
Rockfish Creek are unavoidable; however, impacts will not exceed the historical limits of
inundation or impact the tree canopy of forested wetlands present prior to 2003.
Compensatory Mitigation
Unusual circumstances that were beyond the control of the Town of Hope Mills
prevented the Town from replacing the failed structure within the time limits allowed by
the Nationwide Permit 3 conditions for replacing serviceable structures. Had the Town
been able to utilize Nationwide Permit 3, mitigation would likely not have been required.
Additionally, wetlands that have naturalized as a result of the lakebed having been
drained since 2010 support only young, pioneer and weedy species in the herbaceous and
shrub layers. Based on this information, the Corps has agreed to waive the mitigation
requirement for the loss of wetlands from re -flooding the lakebed.
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 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 no historic
properties, nor properties eligible for inclusion in the National Register, are present
Version 7.8.2014 Page 3
within the Corps' permit area; therefore, there will be no historic properties affected. The
Corps subsequently requests concurrence from the SHPO.
The District Engineer's final eligibility and effect determination will be based upon
coordination with the SHPO 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 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 to:
NCDWR Central Office
Attention: Ms. Karen Higgins, 401 and Buffer Permitting Unit
(USPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699-1617
Or to,
(physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604
Version 7.8.2014 Page 4
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 that 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
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.
Version 7.8.2014 Page 5
The Corps of Engineers, Wilmington District will receive written comments pertinent to
the proposed work, as outlined above, until Spm, 6 May 2016. Comments should be
submitted to Ms. Emily Greer,Wilmington Regulatory Field Office„
69 Darlington Avenue, Wilmington, North Carolina 28403 , or at
emily.c.greer@usace.army.mil.
Version 7.8.2014 Page 6
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