HomeMy WebLinkAbout20080081 Ver 1_Public Notice_20080112MPUBLIC NOTICE
US Army Corps
Of Engineers
Wilmington District Issue Date: February 12, 2008
Comment Deadline: March 13, 2008
Corps Action ID #: SAW -2008-00196
The Wilmington District, Corps of Engineers (Corps) has received an application from the
Charlotte -Mecklenburg Utilities Department seeking Department of the Army authorization to
impact 1.27 acres of riparian wetlands and 227 linear feet of an unnamed tributary to Stewart
Creek (88 linear feet of stream have been determined to be intermittent with unimportant aquatic
function) in association with the expansion and reconstruction of 2 reservoirs with a total current
holding capacity of 105 -million gallons to one 250 -million gallon reservoir at the Franklin Water
Treatment Plant located at 5200 Brookshire Boulevard in Charlotte, 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 www.saw.usace.arniy.inil/wetlands
Applicant: Charlotte -Mecklenburg Utilities Department
Attention: Mr. Barry Shearin
5100 Brookshire Boulevard
Charlotte, North Carolina 28216
AGENT: S&ME, Incorporated
9751 Southern Pine Boulevard
Charlotte, North Carolina 28273
Authority
The Corps will evaluate this application and decide whether to issue, conditionally issue, or deny
the proposed work pursuant to applicable procedures of Section 404 of the Clean Water Act.
Location
The proposed project is located at the Franklin Water Treatment Plant at 5200 Brookshire
Boulevard, in Charlotte, Mecklenburg County, North Carolina (35.2813 degrees north, -80.8897
degrees west), Mountain Island Lake USGS Quadrangle.
Existing Site Conditions
The proposed project is located at the Franklin Water Treatment Plant in an urbanized area of
Charlotte. The subject property is approximately 216 acres and is primarily developed with six
water tanks, three raw water reservoirs (Reservoirs 1, 2, and 3), a laboratory, offices,
warehouses, water treatment lagoons, and asphalt and gravel access roads. In addition, scattered
areas of woodland and open fields are located throughout the property. A riprap lined channel is
located between Reservoirs 1 and 3 and extends south to Stream 1 (see enclosed plans). Raw
water vaults are located northeast of Reservoir 2 adjacent to Wetland B. Two culverted earthen
berms cross Stream 1. A chain -linked fence with a mechanical security gate surrounds the
subject property. Reservoirs 1, 2, and 3 store a combined 355 million gallons of raw water. The
raw water is transferred from Mountain Island Lake through the Catawba River Pump Station,
west of the subject property, and then gravity fed to the Franklin Water Treatment Plant before
undergoing a treatment process at the facility. The 250 million gallon reservoir expansion
proposed will be sited in the northeastern portion of the subject property, within the footprint and
vicinity of Reservoirs 1 and 2.
Applicant's Stated Purpose
The stated purpose of the proposed work is to provide compliance with dam safety regulations
and increase the on-site raw water capacity. Since 1989, the availability of raw water at the
facility has been 355 million gallons. Reservoirs 1 and 2 and their dams have been deteriorating
and exhibiting seepage and eroding conditions, such that the dams do not meet current dam
safety regulatory requirements of the State Land Quality Section.
Project Description
Plans submitted with the application show the replacement by the Charlotte -Mecklenburg Utility
Department (CMU) of Reservoir 1 and 2 with a larger reservoir to increase on-site capacity. The
improved, larger facility will accommodate the growth increase in Mecklenburg County by
providing 500 million gallons of on-site raw water supply. The expansion will provide CMU
with operational flexibility and reliability to their service area during extended periods of power
outages and other disturbances. Further, the expansion will increase raw water storage in cases
of severe drought conditions as well as low water levels at Mountain Island Lake. In addition,
raw water expansion capacity will improve water quality by allowing sediment to settle before
the raw water undergoes treatment. The NC Public Water Supply Section requires that the
Franklin Water Treatment Plant utilize on-site terminal reservoirs for adequate treatment and
enhanced reliability. Plans showing the work are included with this public notice.
In order to compensate for 1.27 acres of wetland loss and 139 linear feet of perennial stream loss
the applicant is proposing payment to an umbrella bank provided by the Charlotte Umbrella
Stream and Wetland Mitigation Bank at a ratio of 1:1 for 139 linear feet of impacts to Stream 1.
To offset unavoidable wetland impacts, CMU is proposing payment to the NC Ecosystem
Enhancement Program at a ratio of 1:1.
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Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate State
agencies for review. The Corps will generally not make a final permit decision until the North
Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State certification
required by Section 401 of the Clean Water Act (PL 92-500). The receipt of the application and
this public notice combined with appropriate application fee at the North Carolina Division of
Water Quality central office in Raleigh will constitute initial receipt of an application for a 401
Water Quality Certification. A waiver will be deemed to occur if the NCDWQ fails to act on
this request for certification within sixty days of the date of the receipt of this notice in the
NCDWQ Central Office. Additional information regarding the Clean Water Act certification
may be reviewed at the NCDWQ Central Office, 401 Oversight and Express Permits Unit, 2321
Crabtree Boulevard, Raleigh, North Carolina 27604-2260. All persons desiring to make
comments regarding the application for certification under Section 401 of the Clean Water Act
should do so in writing delivered to the North Carolina Division of Water Quality (NCDWQ),
2321 Crabtree Boulevard, Raleigh, North Carolina 27604-2260 Attention: Ms Cyndi Karoly by
March 13, 2008.
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic Places
and is not aware that any registered properties, or properties listed as being eligible for inclusion
therein are located within the project area or will be affected by the proposed work. Presently,
unknown archeological, scientific, prehistoric, or historical data may be located within the
project area and/or could be affected by the proposed work.
Endangered Species
The Corps has 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. A final determination on the effects of the proposed project will be made
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.
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
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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 is soliciting comments from the public; Federal, State and local agencies and officials;
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 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 Commander determines that the issues raised are insubstantial or
there is otherwise no valid interest to be served by a hearing.
Written comments pertinent to the proposed work, as outlined above, will be received by the
Corps of Engineers, Wilmington District, until 5pm, March 13, 2008. Comments should be
submitted to Mr. Steve Chapin, U.S. Army Corps of Engineers, 151 Patton Avenue, Room 208,
Asheville, North Carolina 28801-5006.
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REFERENCE:
THEABOVE GIB DATA AAS OBTAINED FRDMTHE EBRI STREETMAP USA DATASET (2000)AND THE MECKLENBLRG
COUNY GEOGRAPHIC INFORMATION SY) DEPARrMENT MB SITE PLEASE TE THIS DATA IS FOR
INFORMATIONAL PURPOSES ONLY. IT IS STEMS NOT M(GISEANT FOR DESIGN, LEGAL, ORANYOTHERNOUSES.THEREARENO
GUARANTEESABOUT ITS ACCURACY S&ME, INC. ASSUMES NO RESPONSIBILITY FOR ANY DECISION MADE ORAW
ACTIONSTAKEN BYTHE USER BASED UPON INFORMATION OBTAINED FROM THEABOVE DATA. M
SCALE.: AS SHOWN No.
FIGURE
DATE: 08-D7-07 SITE VICINITY MAP
DRAWN BY: DDH &ME 250 -Million Gallon Reservoir Expansion
PROJECTNO: WWW.SMEINC.COM Franklin Water Treatment Plant
1357-06-733A Charlotte, North Carolina
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STREAM 1:
139 PERENNIAL LF
88 INTERMITTENT, UNIMPORI
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