20100899 Ver 3_Public Notice_20170217

Issue Date: February 17, 2017
Comment Deadline: March 17, 2017
Corps Action ID Number: SAW -2010-00061
The Wilmington District, Corps of Engineers (Corps) received an application from
Mr. Jeff Richardson, Cleveland County Government, seeking Department of the Army
authorization to place fill material in 1,792 linear feet of stream and 0.062 acre of
wetlands, associated with the expansion of a tissue products manufacturing facility in
Cleveland 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.army.mil/Missionswww.saw.usace.army.mil/Missions/RegulatoDPermitPro_rg am.aspx
Applicant: Cleveland County Government
Mr. Jeff Richardson, County Manager
Post Office Box 1210
Shelby, North Carolina 28151
Agent: Clearwater Environmental Consultants, Inc.
Mr. R. Clement Riddle, P.W.S
224 South Grove Street, Suite F
Hendersonville, North Carolina 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:
® 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)
Page 1

Location
Directions to Site: The Clearwater Paper Corporation expansion site is located in Shelby,
Cleveland County, North Carolina. To access the site from Asheville, take 1-26 East to
Exit 67 (US Highway 74 to Columbus/Rutherfordton/NC Highway 108). Continue onto
US Highway 74 and travel approximately 37 miles. Turn left on to Washburn Switch
Road. The proposed Clearwater Paper facility is on the east side of the railroad tracks
(and across from the existing Clearwater Paper facility). In general, the site is bordered to
the north by an unnamed tributary to Brushy Creek, to the east by Brushy Creek, to the
west by the railroad tracks, and to the south by an overhead transmission line.
Project Area: approximately 303.9 acres, including utility corridors
Nearest Town: Shelby Nearest Waterway: Brushy Creek
River Basin: Santee Latitude and Longitude: 35.3198 N, -81.6026 W
Existing Site Conditions
The proposed project site is largely undeveloped but highly impacted by historical
logging and/or farming practices. The project area also contains a warehouse which is
currently leased by Clearwater Paper Corporation. Approximately 50 acres of the site is
fallow field and another 100 acres has been clear cut. Wooded areas are limited to
corridors surrounding streams and wetlands.
Natural communities on site include mixed age loblolly pine forest, riparian forest, mixed
pine -hardwood forest, and fallow field. The loblolly pine forest represents the largest
habitat type on site and is dominated by loblolly pine stands of different age classes. This
habitat type has been substantially disturbed by clearcutting at the site. Riparian forests
are adjacent to streams and wetlands on site. This habitat type is generally disturbed and
contains numerous invasive species. Many stream banks are highly eroded with limited
vegetation on the banks. Mixed pine -hardwood forest is up -gradient from the riparian
forest. This habitat type includes younger stands of trees and is dominated by loblolly
pine (Pinus taeda). A grassed field is present on the eastern side of the site and is
surrounded by wooded areas. It appears that this field is mowed at least annually by
hunters that utilize the land. Habitats associated within the utility Right -of -Way (ROW)
corridors include the shoulders of existing North Carolina Department of Transportation
roads, residential lawns, herbaceous wetlands, and existing maintained sewer line ROWS.
These habitats are routinely managed through the use of mechanized mowing and/or bush
hogging equipment.
Applicant's Stated Purpose
The basic project purpose of the proposed expansion is to make and convert tissue paper
into usable products for the home and commercial markets. More specifically, the overall
project purpose is to expand tissue paper making and converting capacity to meet market
demands.
Page 2

Project History
A Nationwide Permit 39 was issued to the Clearwater Paper Corporation on March 18,
2010, (SAW -2010-00061) for the construction of their existing tissue converting facility
located on the west side of Washburn -Switch Road. A revised Nationwide Permit 39
verification for a secondary access road and minor after -the -fact impacts for the same
facility was issued to the Clearwater Paper Corporation on June 1, 2012, (SAW -2010-
00061). Not all impacts associated with the revised verification were completed. To date,
the following impacts have occurred at the existing Clear Water Paper facility:
Table 1. Existing Impacts
Impact # (Figures 3A and 313
Impact Amount
Purpose
3
15 linear feet of stream
Railroad Crossing
4
0.09 acre of wetlands
Railroad Crossing
9
89 linear feet of stream
Entrance Roadway
An Individual Permit for a facility expansion (at the existing facility on the west side of
Washburn -Switch Road) was submitted by the Clearwater Paper Corporation on
November 3, 2014. An individual Department of the Army Permit was issued by the
Corps on June 25, 2015 (Action ID SAW -2010-00061. Impacts associated with the
Individual Permit have not been completed. The Clearwater Paper Corporation has
determined that a larger expansion is necessary and is now proposing to locate the
expansion on the other side of Washburn Switch Road, directly east of the existing
facility. The proposed facility would function in the same capacity as the existing facility.
Project Description
Cleveland County is the applicant for the current Clearwater Paper Corporation
expansion proposal due to their ownership of the project site and the substantial utility
upgrades that are required to make the project possible. The proposed project includes the
construction of approximately 2.5 million square feet of manufacturing and warehouse
space (Figure 6). Additional manufacturing space would house tissue machines which
converts raw material to "parent rolls" of tissue; converting equipment which converts
rolls into consumer products such as toilet paper, paper towels, facial tissue, and napkins;
a parent roll storage warehouse; a bale storage warehouse; and a warehouse space for
finished goods. The proposed project also includes necessary improvements to gas,
sewer, and water infrastructure.
The proposed project would result in the permanent loss of 1,578 linear feet of stream
and 0.03 acre of wetlands and temporary impacts to 214 linear feet of stream and 0.032
acre of wetlands. The proposed impacts are summarized in Tables 2 and 3 below.
Page 3

Table 2. Proposed Stream Impacts
Impact
Stream
Impact
Purpose
Duration
1 (Figure 6)
2001f
Entrance Roadway
Permanent, Loss
2 (Figure 6)
9101f
Facility and Railway
Permanent, Loss
3 (Figure 6)
4681f
Facility
Permanent, Loss
US 1, US2, US3,
US4, US5, US8,
US 10 (Figure 8)
2141f
Gravity Sewer
Temporary
Table 3. Proposed Wetland Impacts
Impact
Wetland Impact
Purpose
Duration
4 (Figure 6)
0.03 acre
Facility
Permanent, Loss
UW 1, UW2,
0.032 acre
Gravity Sewer
Temporary
UW3, UW4
1,820
Medium
3
(Figure 8)
2:1
810
High
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or
minimize impacts to the aquatic environment:
The project as proposed avoids approximately 5,569 linear feet (78%) of stream and 4.58
acres (99%) of wetlands on the project site. Previously proposed impacts to wetlands
associate with stormwater controls have been eliminated. Additionally, the site plan
makes use of nearby infrastructure which minimizes impacts and land disturbance on site.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment:
The applicant proposes to purchase compensatory mitigation credits from the North
Carolina Division of Mitigation Services as detailed in Table 4 below:
Table 4. Pro osed Com ensatory Mitigation
Impact #
Total Impact
Proposed
Ratio
Proposed
Credits
NCSAM
1
200 if perennial
1:1
200
Low
2
910 If perennial
2:1
1,820
Medium
3
405 if perennial
2:1
810
High
3
63 if intermittent
1:1
63
Medium
The applicant is not proposing compensatory mitigation for wetland impacts at this time
due to the minimal amount of wetland impacts and the steps the applicant has taken to
avoid high quality wetlands onsite.
Page 4

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:
® 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).
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 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.
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
Page 5

Carolina 27604-2260. All persons desiring to make comments regarding the application
for a 401 Certification should do so, in writing, by March 17, 2017 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,
(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 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)
Page 6

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.
The Corps of Engineers, Wilmington District will receive written comments pertinent to
the proposed work, as outlined above, until 5pm, March 17, 2017. Comments should be
submitted to Mr. David L. Shaeffer, Asheville Regulatory Field Office,
151 Patton Avenue, Room 208, Asheville, North Carolina 28801-5006, at (704) 510-
1437.
Page 7

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Overview
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Utility
North Carolina
32 Clayton Street
Asheville, North Carolina 28801
Figure 7

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Total Temporary Wetland Impacts: 0.032 AC
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Total Temporary Utility Stream Impacts: 214 LF
Total Temporary Wetland )mpacls: 0.032 AC
UW1, 0 001 AC
Temporary Impact
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Cleveland County,
North Carolina
US 1, 22 LF
Temporary Impact
US2, 30 LF
Temporary Impact
US3, 30 LF
Temporary Impact
US4,12 LF
Temporary Impact
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Asheville, North Carolina 28801
0 250 500 1,000
approximate Sewer Line Upgrades
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Figure 8, Sheet I

Approximate Sewer Line Upgrades & New Parallel Gravity Sewer Line

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