HomeMy WebLinkAbout20170426 Ver 1_Public Notice_20170505
PUBLIC NOTICE
US Army Corps
Of Engineers
Wilmington District
Issue Date: May 5, 2017
Comment Deadline: June 5, 2017
Corps Action ID Number: SAW-2014-00189
The Wilmington District, Corps of Engineers (Corps) received an application from
Mr. Wayne Smith of Duke Energy Progress, LLC (Duke Energy) seeking Department of the
Army authorization for 972.5 linear feet of permanent stream impacts, 0.38 acres of permanent
wetland impacts, and 0.87 acres of permanent open water impacts, associated with the Asheville
Combined Cycle (CC) Project Construction Laydown Areas in Arden, 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 http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx
Applicant:
Mr. Wayne Smith
Duke Energy Progress, LLC
400 South Tryon Street
Charlotte, North Carolina, 28202
AGENT (if applicable):
Mr. Steve Cahoon
Duke Energy Progress, LLC
411 Fayetteville Street, Mail Code NC14
Raleigh, North Carolina 27601
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)
Location
Directions to Site: From I-26 in the Arden area, take exit number 37 onto NC Highway 146
(Long Shoals Road). Go east on NC Highway 146 approximately 1.2 miles to CP and L Drive.
Turn right on CP and L Drive and follow this road to a guard shack at the facility. Project area is
in southwest portion of the Duke Energy Asheville Plant facility.
Project Area (acres): 12.19 (Construction Laydown Area 3)
Nearest Town: Arden
Nearest Waterway: Unnamed Tributary (UT) of the French Broad River
River Basin: Upper French Broad (06010105)
Latitude and Longitude: 35.462006 N, 82.542633 W
Existing Site Conditions
Construction Laydown Area 3 is associated with Duke Energy Progress’s (DEP) Asheville CC
Project at DEP’s existing Asheville Plant in Arden, North Carolina (see Site Location Map,
USGS Topographic Map, and Site Aerial Map of Proposed Construction Areas). There are four
laydown areas on-site providing approximately 16.9 acres of laydown area (Laydown areas 1, 2,
4, and 5). There is a need for additional construction laydown area(s) to support construction
activities and delivery of materials/equipment required early in project schedule. Development of
Laydown Area 3 will provide 5.9 acres of additional workable laydown area.
As part of DEP’s Western Carolinas Modernization Project (WCMP), the combined Asheville
Plant 1 and 2 coal units are to be retired no later than January 31, 2020. The WCMP is required
to allow DEP to reliably serve the energy needs of the Western Carolinas and is an economically
viable alternative to continuing to run the Asheville coal units and constructing fast start
combustion turbines (CT) in the region. The simple cycle CT differs from a CC operation in that
it has only one power cycle (i.e., no provision for waste heat recovery). The WCMP at the
Asheville Plant will consist of two new 280 megawatt (MW) CC natural gas-fueled electric
generating units, with fuel oil backup, and related transmission facilities.
DEP filed an Integrated Resource Plan (IRP) Update Report with the North Carolina Utilities
Commission (NCUC) on September 1, 2015, demonstrating the need for new generation in the
DEP-Western Region. Based on this IRP, and the subsequent decision to cancel the proposed
Foothills Transmission Line project in response to extensive community concerns, an application
for NCUC Certificate of Public Convenience and Necessity for the WCMP was filed with the
NCUC in January 2016. This application included the nominal 560 MW Asheville CC Project,
for which a certificate was approved in February 2016 by NCUC.
Five construction laydown areas, providing approximately 25 acres of laydown area, are needed
during the construction phase of the Asheville CC Project. Laydown area is space of ground or
pavement located near or at the construction site that is for the receipt, storage, or partial
assembly of project equipment and materials to be installed or constructed. Laydown area is
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constructed in a manner that will ensure accessibility and safe maneuverability for transport, and
for loading and unloading. For the Asheville CC Project, laydown areas would be established to
support construction operations, including office trailer(s), shed(s), and space for storage of
construction materials and equipment.
Four construction laydown areas are to be located in portions of the existing DEP Asheville Plant
facility which contain no jurisdictional waters of the U.S. (WoUS) under Department of Army
(DA) authority per Section 404 of the Clean Water Act (CWA).
Laydown Area 3 consists of approximately 12.2 acres and would be established south of the
exiting plant site and south of Laydown Area 2. However, due to steep topography and geology
only 5.9 acres of usable laydown space can be obtained through impacts to wetlands, a pond, and
streams within the proposed laydown area. Laydown Area 3 consists of partially developed
properties acquired by DEP. The area is largely a mix of undeveloped forested and cleared areas,
and includes three houses and a pond. The area is bordered by I-26 to the west and residential
areas to the east and south along Aberdeen Drive and New Rockwood Road, respectively. The
area contains jurisdictional WoUS under DA authority per Section 404 of the CWA. These
features are wetlands, three streams, and an open water area (pond).
The CC Project site, construction parking, and laydown areas are predominantly used for current
Asheville Plant operations. These areas are surrounded by the greater Asheville Plant site and
property, with the exception of a small residential area to the south along Aberdeen Drive. Other
land use and cover types within the Asheville Plant property include tracts of undeveloped
forested land, Lake Julian, utility right-of-way (ROW), existing roadways, construction areas,
forested wetlands, creeks, and smaller stream channels. As noted above Laydown Area 3 is a
former partially developed property acquired by DEP. Although it is primarily categorized as
residential land use it is largely a mix of undeveloped forested and cleared areas.
The laydown areas are located in the Broad Basin USEPA Level IV Ecoregion of the Blue Ridge
USEPA Level III Ecoregion. Blue Ridge terrain occurs primarily on metamorphic rocks with
minor areas of igneous and sedimentary geology, though the Broad Basin has lower elevations,
less relief, less boulder colluvium, and more saprolite than the surrounding mountainous Blue
Ridge regions (USEPA 2017). The geologic surfaces of site are Muscovite-biotite gneiss, a part
of the Ashe Metamorphic Suite and Tallulah Falls Formation within the Blue Ridge Belt (North
Carolina Geologic Survey \[NCGS\] 1985). This geologic layer is locally sulfidic and is
interlayered and gradational with mica schist, minor amphibolite and hornblende gneiss (NCGS
1985).
Laydown Area 3 comprises undeveloped forested land. The terrestrial plant communities include
upland hardwood forest and mixed pine-hardwood upland forest. The dominant terrestrial
communities on DEP’s Asheville Plant site comprise pine forest, upland hardwood forest, and
mixed pine-hardwood upland forest. Shrub and brushland and open maintained (grassed) areas
also occur on the plant property. These latter areas encompass disturbed/altered land within the
plant property which may have been forested in the past. The pine forest community comprises
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stands of Virginia pine (Pinus virginiana) or eastern white pine (Pinus strobus). The upland
hardwood forest community consists of a mixture of oaks, hickories and other hardwoods. The
species mix includes white oak, northern red oak (Quercus rubra var. rubra), southern red oak
(Quercus falcata), black oak (Quercus velutina), post oak (Quercus stellata), mockernut hickory
(Carya alba), sweetgum (Liquidambar styraciflua), red maple (Acer rubrum), tulip tree
(Liriodendron tulipifera), black gum (Nyssa sylvatica), black cherry (Prunus serotina),
American hornbeam (Carpinus caroliniana var. virginiana), and sourwood (Oxydendrum
arboreum). The understory includes grasses, forbs, vines, persimmon (Diospyros virginiana),
flowering dogwood (Cornus florida), American holly (Ilex opaca), and saplings and seedlings of
the aforementioned hardwood species. The mixed pine-hardwood upland forest community is a
mixture of pines and hardwoods. Botanical taxonomic nomenclature is in accordance with
Weakley (Weakley 2015).
Certain plant and animal species are protected by federal regulations under the Endangered
Species Act (ESA) of 1973, which is administered and enforced by the U.S. Fish and Wildlife
Service (USFWS). Amec Foster Wheeler (DEP’s environmental consultant for the project)
conducted a records search to identify documented federally protected species threatened or
endangered, and federal Species of Concern which have elemental occurrences within Buncombe
County and/or the vicinity of the Laydown Area 3. As specifically related to the NC Natural
Heritage Program (NCNHP) database search, the queries of elemental occurrences encompassed
a one-mile radius of Laydown Area 3. Both federal and state databases were reviewed:
• NCNHP database (NCNHP 2017)
• USFWS Information for Planning and Conservation (IPaC) database (USFWS 2016a)
• USFWS Environmental Conservation Online System (ECOS) (USFWS 2016b)
• Asheville Ecological Services Field Office website (USFWS 2016c)
The purpose of the records search was to determine whether federally listed plant and animal
species or designated critical habitat may be near the laydown area. The following table presents
the results of the records search for Buncombe County. Known habitats used by the species listed
in the table were compared with the habitats found within Laydown Area 3 to determine the
potential for occurrence for each species. The potential, or likelihood, of occurrence, as listed in
the table, was based on the following factors:
• A comparison of the known habitats used by these species
• The habitats (if present) within each alternative site
• The quantity, quality, and proximity of these habitats
• Observations of these species or their sign during field reconnaissance
The likelihood of occurrence for listed species was rated as high, moderate, low, or unlikely
based on the above criteria.
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Potential for Occurrence of Federally Listed Species Within Laydown Area 3
Common Name Federal Potential for
General Habitat Description
(Scientific Name) Status Occurrence
Carolina northern Prefers coniferous and mixed forest, will use deciduous
flying squirrel woods, riparian woods. Optimal conditions: cool, moist
E Unlikely
(Glaucomys mature forest in high mountainous areas with abundant
sabrinus coloratus) standing and down snags.
Summer habitat includes deciduous forests and mixed
evergreen-deciduous forests, with bats roosting singly or
Northern long-eared in colonies underneath bark, in cavities, or in crevices of
bat both live and dead trees. Specifically, dead, or partially
(Myotis T dead, hardwood trees with exfoliating bark are preferred Low
septentrionalis) (suitable roost trees). Winter hibernating habitat
(NLEB) (hibernacula) includes caves and mines, typically with
large passages and entrances, constant temperatures, and
high humidity with no air currents.
In the summer, maternity colonies prefer caves that act as
warm air traps or that provide restricted rooms or domed
ceilings that are capable of trapping the combined body
heat from thousands of clustered individuals. Summer
caves are nearly always located within 1 kilometer of a
Gray bat
E river or reservoir over which the bats forage. Low
(Myotis grisescens)
Forested areas along the banks of streams and lakes
provide important protection for adults and young. Young
often feed and take shelter in forest areas near the
entrance to cave roosts. Does not feed in areas along
rivers or reservoirs where the forest has been cleared.
Forested habitats for nesting and roosting, and expanses
Bald eagle
of shallow fresh or salt water for foraging. Nesting habitat
(Haliaeetus BGEPA Low
generally consists of densely forested areas of mature
leucocephalus)
trees that are isolated from human disturbance.
Found in gravelly substrate, often mixed with cobble and
boulder, or in cracks in bedrock. Water depths typically
have been shallow, and current velocities have varied
Appalachian elktoe from moderate to fast. Reported from shallow, medium-
(Alasmidonta E sized creeks and rivers with cool, clean, well-oxygenated, Unlikely
raveneliana) and moderate to fast flowing water. Most often in riffles,
runs, and shallow flowing pools with stable, relatively
silt-free, coarse sand and gravel substrate with cobble,
boulders, and/or bedrock.
Spruce-fir moss
High-elevation spruce-fir forest communities on moist but
spider
E well-drained moss mats growing on rocks and boulders in Unlikely
(Microhexura
well-shaded locations.
montivaga)
Bare rock, talus, barrens, and cliffs. This species has close
Blueridge goldenrod
affinities with goldenrods in more northern areas. This
(Solidago T Unlikely
species is thought to be relict in nature, persisting on
spitamaea)
mountain tops.
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Common Name Federal Potential for
General Habitat Description
(Scientific Name) Status Occurrence
Typically is found in very gently sloping areas with slow,
continuous seepage of cool, clear water. The continuous
Bunched arrowhead
seepage appears to be the most important factor in the
(Sagittaria E Unlikely
ecology of the species. Canopy closure may differ greatly
fasciculata)
in different populations but the slow continuous seepage
is one factor that is always present.
Mountain sweet
pitcherplant Bogs and stream sides on granite rock faces along the
E Unlikely
(Sarracenia rubra Blue Ridge Divide.
ssp. jonesii)
Mature hardwood stands of beech, birch, maple, oak, and
Small-whorled
hickory that have an open understory. Occasionally
pogonia
T grows in stands of softwoods such as hemlock. Preferred NA
(Isotria
habitat consists of acidic soils with a thick layer of dead
medeoloides)
leaves, often on slopes near small streams.
Spreading avens High-elevation cliffs, outcrops, steep slopes that are
E Unlikely
(Geum radiatum) exposed to full sun.
Swamp pink Mountain bogs, swampy forested wetlands bordering
T NA
(Helonias bullata) smalls streams, wet meadows, and spring seepage areas.
Virginia spiraea Periodically flood-scoured banks of high-gradient
T Unlikely
(Spiraea virginiana) mountain streams, bare rock, talus.
Rich, basic soils in clearings and near the edges of upland
woods where the canopy cover is thin. In the past, the thin
White irisette
canopy cover (and possibly the thin litter layer as well)
(Sisyrinchium E NA
was maintained by periodic fires and by native grazing
dichotomum)
animals. Now, most populations are in artificially
disturbed areas, such as power line and road ROWs.
Rock gnome lichen On rocks in areas of high humidity, either at high
(Gymnoderma E elevations or on boulders and large rock outcrops in deep Unlikely
lineare) river gorges.
Notes: NCNHP List of Rare Plant Species of North Carolina; USFWS IPaC; USFWS Environmental Conservation
Online System - Species Profiles; County list (USFWS Asheville Ecological Services); NatureServe Explorer. BGEPA =
Bald and Golden Eagle Protection Act; E = Endangered; T = Threatened
NA = Not Applicable; i.e., species not identified (not included) in IPaC as potentially occurring at alternative site location.
The NCNHP database query (January 5, 2017) identified one documented occurrence of the
NLEB within one mile of Laydown Area 3. This occurrence was further classified by NCNHP
personnel as a “specimen brought in by an unknown person to a lab in the county and tested for
rabies in 2001; location of capture not known” (Suzanne Mason personal communication 2016
NCNHP). Furthermore, according to the USFWS, Asheville office, “there are no northern long-
eared bat records within one-quarter mile of the Asheville Plant” (Allen Ratzlaff personal
communication 2016 USFWS). Site reconnaissance was conducted on March 24, 2017, to
confirm presence/absence of NLEB and/or gray bat activity within two residential structures
remaining in Laydown Area 3. No bats were observed and no physical evidence was found
indicating bats are using or have used the two houses.
Based on the level of review requested by the USFWS for the houses during the February 23,
2017, permit pre-application meeting, the results of the review, and the above noted site March
2017 site reconnaissance, the potential for the NLEB to occur within the laydown area is
presumed to be low.
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Maternity colonies of the gray bat (Myotis grisescens) are typically in caves that act as warm air
traps or that provide restricted rooms or domed ceilings that can trap the combined body heat
from thousands of clustered individuals. Summer caves are nearly always located within
approximately 0.62 miles of a river or reservoir over which the bats forage (USFWS 1982).
Forested areas along the banks of streams and lakes provide important protection for adults and
young. Young often feed and take shelter in forest areas near the entrance to cave roosts. There
are no known caves within 0.62 mile of Laydown Area 3. In addition, is not contiguous to the
French Broad River (foraging area), as I-26 occurs between the river and the site. Though it
should be noted that gray bats are known to be roosting under the Blue Ridge Parkway bridge
over the French Broad River (Bryan Tompkins personal communication 2017 USFWS). With
the above considerations, the potential for the gray bat to occur within the Laydown Area is
presumed to be low.
Although no longer afforded protection by the ESA as of June 29, 2007, the bald eagle
(Haliaeetus leucocephalus) is still protected under the Bald and Golden Eagle Protection Act
(BGEPA) and the Migratory Bird Treaty Act (MBTA), both of which protect bald eagles by
prohibiting killing, selling or otherwise harming eagles, their nests, or eggs. Habitats include
riparian areas along the coast and near major rivers, wetlands, and reservoirs. Bald eagles
typically nest in large, tall, open-topped pines near open waters. They feed primarily on fish, but
will also take a variety of birds, mammals and turtles. The pond on Laydown Area 3 is presumed
to not be of sufficient size to provide suitable foraging habitat (i.e., a significant fishery source)
for eagles. No eagle nests are known to occur within this alternative site. Furthermore, no bald
eagles were observed during site reconnaissance on November 29, 2016. Based on these
considerations, the potential for occurrence is presumed to be low.
The Appalachian elktoe (Alasmidonta raveneliana) is a riverine mussel species. The laydown
area is not located within the limited portions of the upper French Broad River system (i.e., Mills
River and Little River) where the species has been reported. A perennial stream occurs within the
western portion of the site (downstream of the pond). A visual inspection of the streambed of this
perennial water on November 29, 2016, revealed no observations of the Appalachian elktoe. The
potential for occurrence of this species on the site is unlikely.
Bunched arrowhead (Sagittaria fasciculata) is typically found in very gently sloping areas with
slow, continuous seepage of cool, clear water. The continuous seepage appears to be the most
important factor in the ecology of the species. Canopy closure may differ greatly in different
populations, but the slow continuous seepage is one factor that is always present. Although a
small seepage area was present along the edge of a wetland within the eastern portion of
Laydown Area 3, no bunched arrowhead plants were observed during site reconnaissance on
November 29, 2016. In addition, somewhat stagnant hydrologic conditions were present in this
small seepage area. Based on these observations, this species is unlikely to occur due to the
absence of suitable habitat.
Virginia spiraea (Spiraea virginiana) occurs on periodically flood-scoured banks of high-
gradient mountain streams, bare rock or talus. These habitat types do not occur within the
laydown area. Therefore, this plant species is unlikely to occur due to the absence of suitable
habitat.
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The Carolina northern flying squirrel (Glaucomys sabrinus coloratus), spruce-fir moss spider
(Microhexura montivaga), Blue Ridge goldenrod (Solidago spitamaea), mountain sweet
pitcherplant (Sarracenia rubra ssp. jonesii), spreading avens (Geum radiatum), and rock gnome
lichen (Gymnoderma lineare) are all species that occur in high elevation habitats. The elevation
of the Asheville Plant, including Laydown Arear 3, is approximately 2,000 to 2,200 feet. (Note:
Western North Carolina ranges consist of low \[<2,300 feet\], moderate \[2,300 – 4,000 feet\], and
high \[4,000 – 6,560 feet\] peaks). Therefore, these six species are not considered further in this
characterization due to the absence of suitable habitat.
Amec Foster Wheeler also reviewed the NCNHP database for state-listed threatened and
endangered species with historic and current elements of occurrence in Buncombe County. The
stream features within Laydown Area 3 do not offer suitable habitat for the following listed
freshwater mussel species: Appalachian elktoe (state endangered), slippershell mussel
(Alasmidonta viridis) (state endangered), Tennessee heelsplitter (Lasmigona holstonia) (state
endangered), and creeper (Strophitus undulatus) (state threatened). The project activities within
this alternative site will not impact the French Broad River; therefore, the paddlefish (Polyodon
spathula), a state endangered riverine species, will not be affected. Finally, the bog turtle
(Glyptemys muhlenbergii) (state threatened) is not expected to occur within the site. Bog turtles
inhabit open, unpolluted, emergent and scrub/shrub wetlands such as shallow spring-fed fens,
sphagnum bogs, swamps, marshy meadows and wet pastures. These types of habitat are not
present within the headwater forest wetland in the site.
Amec Foster Wheeler conducted a cultural resource screening to assess the presence/absence of
known cultural resources and National Register of Historic Places (NRHP) listed resources
within Laydown Area 3 and within a half-mile radius of each of the site. The research included a
review of available data from the North Carolina State Historic Preservation Office (NCSHPO)
online Web Geographic Information System (GIS) Service (NCSHPO 2017). The investigation
did not include field efforts to identify or verify cultural resources, and no formal coordination
with the NCSHPO office was included in this review.
No structures or Districts were listed on the NRHP within or within the half-mile radius of
Laydown Area 3. According to the North Carolina Office of State Archaeology records, a
portion of the search area located along the French Broad River has been previously surveyed for
archaeological resources, The 1978 Archaeological Reconnaissance Survey of the Hominy Valley
Interceptor Sewer Project and the South Buncombe Interceptor Sewer Project, Buncombe and
Henderson Counties, North Carolina, by Harvard G. Ayers. This 39-mile Phase I survey looked
at a 40-foot wide survey corridor along the floodplain of the French Broad River and its
tributaries and resulted in the identification of five significant archaeological sites. However,
none of the sites identified within a half-mile of Laydown Area 3.
In addition to the archaeological survey, one historic structure was identified within the search
area of Laydown Area 3. Structure BN2495 is a historic bridge that has been surveyed only for
the NRHP and is located a half-mile southwest of Laydown Area 3. The results of this review
included archival research that verified no recorded archaeological or architectural resources are
located within the boundaries of Laydown Area 3.
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The laydown areas are in the Tennessee River system and lies within the Upper French Broad
River watershed (HUC 06010105), which is a sub-basin of the French Broad River. The French
Broad River begins just west of the Eastern Continental Divide. From there it flows northeasterly
through the Appalachian Mountains. The river flows for approximately 218 miles draining large
portions of the Pisgah National Forest and the Cherokee National Forest. Originating near the
town of Rosman, North Carolina, in Transylvania County, and continuing into the state of
Tennessee, the French Broad’s confluence with the Holston River in Knoxville, Tennessee,
forms the Tennessee River. The surface water classification listed for the French Broad River
based on the most recent North Carolina Department of Environmental Quality (NCDEQ)
surface water data (NCDEQ 2017a) is “B”. This classification includes waters protected for uses
such as primary recreation, fresh water, fishing, wildlife, fish consumption, aquatic life including
propagation, survival and maintenance of biological integrity, and agriculture. Primary
recreational activities include swimming, boating, tubing, fishing and similar uses involving
human body contact with water where such activities take place in an organized manner or on a
frequent basis. The French Broad River is listed as impaired in the vicinity of the DEP Asheville
Plant.
Groundwater refers to subsurface hydrologic resources that are used for domestic, agricultural
and industrial purposes. Groundwater is stored in natural geologic formations called aquifers. In
the Blue Ridge Physiographic Region of North Carolina, two major aquifer systems exist and
usually interact with one another (NCDEQ 2017c). The surficial materials or regolith of the Blue
Ridge province forms an unconfined aquifer, while the fractured rock beneath forms an
unconfined to semi-confined bedrock aquifer. Usually the surficial aquifer feeds the fractures in
the bedrock aquifer. The proposed activities within Laydown Areas 3 will not draw water from
groundwater sources.
WoUS, including wetlands, are defined by 33 CFR Part 328.3 et al. and other applicable sections
of the CWA (33 USC 1344). In North Carolina impacts to these regulated resources are
administered and enforced by the U.S. Army Corps of Engineers (USACE), Wilmington District.
Amec Foster Wheeler performed an evaluation for the presence of potentially jurisdictional
WoUS in DEP’s Asheville Plant (including Laydown Area 3) in 2015 and submitted a request
for verification of jurisdictional determination (JD) to the USACE for WoUS.
The USACE on-site JD review was conducted on September 18, 2015. The USACE
subsequently issued an approved JD for the Asheville Plant on May 19, 2016 (Action ID SAW-
2014-00189). The approved JD included Laydown Area 3 and the following table summarizes
WoUS this laydown area.
WoUS (wetlands, streams, and open waters) Within Laydown Area 3
Resource Type Size of Area
Wetland (acres) 0.38
Stream (linear feet) 972.5
Open Water (acres) 0.87
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Applicant’s Stated Purpose
The proposed Asheville CC Project associated with the WCMP has a need for approximately 25
acres of construction laydown (five laydown areas) and on-site construction parking beginning in
the fall of 2017. There are currently four laydown areas on-site providing approximately 16.9
acres of laydown area (Laydown areas 1, 2, 4, and 5). There is a need for additional construction
laydown area(s) to support construction activities and delivery of materials/equipment required
early in project schedule. Development of Laydown Area 3 will provide 5.9 acres of additional
workable laydown area.
Project Description
During the construction phase for the CC units, five construction laydown areas providing
approximately 25 acres of laydown and on-site construction parking will be necessary. The
construction and establishment of one of the laydown areas, Laydown Area 3, would require
impacts to WoUS. The required groundwork to provide the workable laydown space at
Laydown Area 3 will result in 972.5 linear feet of permanent stream impacts, 0.38 acres of
permanent wetland impacts, and 0.87 acres of permanent open water impacts. The proposed
impacts are necessary for establishing site sediment basin and piping, and site grading is required
to provide a suitably sized pad to accommodate laydown material and equipment.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or minimize
impacts to the aquatic environment.
The engineering and construction company for the Ashville CC project, CB&I Engineering and
Construction (CB&I), typically requires approximately 25 acres of on-site laydown space to
construct a CC plant. This is due to the delivery of major equipment required early in the
construction schedule. Current designed laydown areas, including Laydown Area 3, total
approximately 22.8acres for construction laydown. Laydown Area 3 will provide approximately
5.9 acres of usable area and is necessary to achieve workable laydown space.
The ability to avoid and minimize impacts to jurisdictional waters within Laydown Area 3 is
limited by steep topography and geologic conditions. The contributory drainage of the laydown
space is greater than 5 acres; therefore, construction of a sediment basin is required by the North
Carolina Division of Energy, Mineral and Land Resources. The topography in Laydown Area 3
drops from the northeast to the southwest. Placement of the proposed sediment basin is,
therefore, optimized at the low point in the westerly corner of Laydown Area 3. The basin could
not be constructed at another location within this laydown area as the area is not large enough to
accommodate alternate locations, given topography and geology. Jurisdictional streams and
wetlands occur within/near the center of Laydown Area 3; therefore, avoidance of these features
is problematic with respect to the configuration of construction elements and proximity to
jurisdictional waters. The proposed impacts to WoUS within Laydown Area 3 are necessary for
establishing the basin and piping, while site grading is required to provide a suitably sized pad to
accommodate laydown material and equipment.
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The proposed impact to the jurisdictional pond within Laydown Area 3 is also related to the
topographic and geologic site conditions effects on site configuration (i.e., optimization of design
components). The steep topography pushes the development to the middle of the site where
contours are flatter. However, the presence of the pond within the central portion of the laydown
area prevents site utilization without impacts to jurisdictional waters. To develop the site for a
laydown area of suitable size, which includes the establishment of a sediment basin, the pond
must be filled to raise the grade, as excavation of the surrounding steeper slopes is not feasible
due to site topography and geologic conditions. The pond could not be used for a sediment basin
due to inadequate storage volume from the top of pond water surface to the top of the existing
embankment (approximately 1 foot). Even if sediments in the pond bottom were excavated, the
pond is not of sufficient size to handle stormwater volume flowing through the system and still
meet North Carolina erosion and sedimentation control and Buncombe County stormwater
requirements. Given the location of the pond and the existing site contours surrounding the pond,
construction stormwater could not be routed through the pond and simultaneously meet
stormwater requirements. The upstream contributory drainage area to the pond is approximately
55.0 acres, comprising 39.5 acres on the east side of New Rockwood Road (outside DEP
property) and 15 acres on the west side of New Rockwood Road (within DEP property). This
runoff has been accounted for in the proposed sediment basin and results in a larger detention
basin to meet North Carolina erosion and sedimentation control design standards and Buncombe
County peak rate reductions for the 1-year, 24-hour storm event. Therefore, to meet regulatory
requirements for stormwater management as related to the existing site conditions and
parameters, a sediment basin needs to be constructed. The location of the basin is directed and
limited by existing site conditions including steep topography and site geology and the location
of the pond within the center of the site. Site optimization is further compounded by the fact that
the pond cannot be used as a sediment basin due to inadequate storage volume capacity.
The proposed access to Laydown Area 3 is from Laydown Area 2. Laydown Area 2 abuts the
northern edge of Laydown Area 3. Laydown Area 2 is located within the other site construction
facility areas, which are all contained inside DEP controlled fencing. If the pond, wetlands, and
streams at Laydown Area 3 were to remain post-development, a new driveway access from New
Rockwood Road would be required to access Laydown Area 3. This driveway would result in
negative impacts to residents near the laydown area resulting from nuisance traffic, noise, dust
and safety concerns. Specifically, the transport of material and equipment on a public road that is
not controlled by DEP would be problematic.
Access to Laydown Area 3 across the westerly embankment for the existing pond would result in
additional safety concerns. The westerly embankment is not able to adequately support HS-20
vehicle loading and would require significant improvements resulting in fill impacts to a stream
(i.e., a portion of the stream segment would be filled rather than piped). Additionally, there is a
significant drop-off from the westerly embankment to this stream which would cause safety
issues for vehicle traffic. H-20 loading is an American Association of State Highway
Transportation Official bridge design criteria which consists of truck axle loading of 32,000
pounds or wheel loading of 16,000 pounds.
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The Asheville CC Project proposes three parking areas to meet the project needs. The total
amount of parking required for the project is 4.95 acres, which will accommodate up to 750
parking spaces:
• On-site Construction Parking Area (craft personnel parking), comprising 3.2 acres and
461 parking spaces
• A portion of Laydown Area 1 to be converted in the future for peak overflow parking,
comprising 0.8 acre and 100 parking spaces
• A portion of Laydown Area 2 to be converted in the future for peak overflow parking,
comprising 0.95 acre and 116 parking spaces
DEP considered using the areas listed above in entirety for laydown instead of a portion for
parking. However, using all the above areas for laydown would only provide approximately 5
acres for laydown and not avoid the need to use Laydown Area 3. Off-site construction parking
was considered for the project. Specific site locations for off-site construction parking
opportunities are limited and would not provide sufficient capacity or duration to accommodate
the parking needs of craft workers for the entirety of the Asheville CC Project.
The constraints with respect to the potential availability and use of off-site construction parking
are safety, risk, liability, cost, public impact and productivity. The Mountain Energy Act requires
that DEP permanently cease operations of all coal-fired generating units at the Asheville Plant no
later than January 31, 2020. Productivity and project schedule are crucial as this regulatory
deadline cannot be extended. The following points eliminated the off-site parking consideration:
• Reduction in productivity due to bussing workers; that is, loss of work time for workers
who are limited by the bussing option to enter and leave the Asheville CC Project work
site (Note: this also becomes a density issue, which may prohibit increases to the work
force).
• CB&I examined off-site parking opportunities within a 10-mile radius of the Asheville
Plant and could not find acceptable sites to accommodate up to 750 vehicles at a single
site for the duration of the project. There may be other sites located, but parking would
have to be split between several locations in this scenario, again, this would impact
productivity.
• The reduction in productivity would affect the opportunity to complete the project by the
regulatory deadline (i.e., schedule delays).
• To counteract worker productivity losses resulting from travel time, multi-shift and/or
night-time operations may be necessary to maintain the project schedule. This scenario
would impact the residential neighborhood via light emissions, dust, traffic and noise.
• Regarding risk and liability, the proposed laydown and parking areas for the project are
all located within a secure area with planned design. If laydown and/or parking areas
were established outside of the secured plant boundary, risk to public safety resulting
from required travel and/or movement of material to/from these areas would increase.
• Liability related to loss or damage to equipment from off-site laydown would increase.
The transport of large equipment and large material loads across major roads and
highways increases the potential for interactions with power lines and commuter traffic
(i.e., safety and liability issues).
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• For off-site parking locations with residential neighborhoods occurring between the plant
construction site and the off-site parking areas, negative impacts to residents would occur
resulting from nuisance traffic, noise related to traffic, fugitive dust and safety concerns.
• It is safer and more efficient to allow for craft personnel to have direct access to the CC
Project work site rather than requiring workers to walk/travel through one or more
laydown areas to access to the work site. Under the proposed design of the laydown and
parking areas, access to the CC Project work site is achieved via one entrance, and craft
personnel do not walk or travel through laydown areas. This scenario reduces risk
liability and DEP will be able to comply with the regulatory deadline in the Mountain
Energy Act.
• A simplified parking plan for craft personnel improves productivity and ensures the
completion of the project in a timely manner. Increasing the work force leads to
significant inefficiencies resulting from increased wait times between working groups on
site due to the congested nature of the power block during construction. The peak craft
plans optimize the productivity while accounting for work area size limitations.
• An off-site craft parking scenario is also problematic from density standpoint; i.e., such a
scenario would require adding a second shift, thus causing significant community relation
issues.
In summary, off-site parking has four principal disadvantages over parking on-site:
1. Safety concerns would be elevated.
2. Project schedule would be impacted as to meeting the regulatory deadline.
3. Worker productivity would be diminished.
4. Capital expenditure would be magnified.
With the above considerations, on-site construction parking represents the most feasible,
practicable, safe, cost-effective and temporally efficient parking option. Consequently, since
approximately 25 acres of on-site laydown space is required to construct the Asheville CC Plant
due to the delivery of major equipment required early in the construction schedule, Laydown
Area 3, as it is currently designed, is necessary to achieve sufficient laydown space.
Off-site alternatives to Laydown Area 3 were considered. Five off-site areas were considered for
construction laydown. Based on the conclusions of an initial screening process, two suitable off-
sites locations were advanced in an alternatives analysis.
These two alternatives, along with the No Action alternative and Laydown Area 3, were
examined with respect to project practicability limits and the need to avoid and/or minimize
impacts to WoUS, in addition to a suite of key site development characteristics that would affect
the ability and/or opportunity to construct and operate each of the three laydown sites.
Specifically, the location of the laydown site must be reasonably unencumbered when examined
under this suite of key site development characteristics.
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The selection of Laydown Area 3 and not developing one of the off-site alternatives was based
on the review of resources and attributes associated with the potential development of each site
along with site restraints discussed in the WMP. The following table summarizes alternative off-
site laydown areas with Laydown Area 3.
Summary of Potential Laydown Area Impacts and Constraints
Potential Impacts/Constraints Laydown Area 3 Site B Site C
Cultural Resource Impacts None None None
Protected Species Impacts Low-Unlikely Unlikely Unlikely
Dredge/Fill of USACE Waters Required None None
Floodplain Impacts No Yes No
Additional Security Staff Required No Yes Yes
Site Ultimately Controlled by DEP Yes Yes No
Rezoning Required Yes Yes No
Site Accessibility Good Difficult Restricted
Transportation (additional measures) None Required Required
Off-site Construction Parking
No Yes Yes
Required
Site Preparation (pre-construction) Required Required Required
Site Restoration (post-construction) None Required None
Glenn Bridge
Rd., Glenn Bridge
I-40 bridge Rd.,
Access Restraints None
height, I-40 bridge
transmission height
lines
Notes: Yellow = potential project encumbrance; Orange = major potential project encumbrance.
Cultural resources and protected species would not be a limiting factor to each of the three sites
and would not place one site over another with respect to the magnitude of the potential affect.
With regard to water resources, potential construction impacts to wetlands and streams would be
greatest on Laydown Area 3. No wetlands or streams occur on Site B, however, potential
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floodplain impacts would occur with the construction of Site B, but not with Laydown Area 3 or
Site C. A culverted stream occurs on Site C. The most restrictive or limiting factor for the
construction of the laydown area is related to the assemblage of potential constraints to
development of the sites. The expression of all of these site factors is clearly and significantly
problematic with respect to the construction and operation of a laydown area at Site B or Site C.
In contrast to Laydown Area 3, Sites B and C have additional requirements for off-site security
and transportation and have accessibility restraints due to powerlines, public road conditions and
the I-40 bridge height over Glenn Bridge Road. In addition, Site C access would not be
ultimately subject to the DEP’s control. In comparison with Sites B and C, Laydown Area 3 is
unencumbered, or minimally limited, under these same factors.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment.
As proposed, the grading, clearing, and site preparation activities at Laydown Area 3 would
result in 972.5 linear feet of permanent stream impacts, 0.38 acres of permanent wetland impacts,
and 0.87 acres of permanent open water impacts (see Civil Laydown Area 3 Plan View). These
impacts will results in a permanent loss of WoUS. Purchase of stream mitigation credits are
proposed to be obtained from an approved private mitigation bank and wetland mitigation credits
are proposed to be purchased through the North Carolina Division of Mitigation Services
(NCDMS) in-lieu fee program.
A ratio of 2:1 is proposed for the purchase of credits for the impacts to 0.38 acres of wetlands.
Based upon results of North Carolina Stream Assessment Methodology (NCSAM) 925.5 linear
feet of the impacted stream rated high and 46 linear feet rated medium. The applicant has
proposed a 2:1 ratio for the purchase of credits for proposed impacts to 925.5 linear feet of high
rated streams and a 1:1 ratio for the purchase of credits for proposed impacts to 46 linear feet of
medium rated streams. No mitigation is being offered for the proposed impact of 0.87 acre to the
open waters.
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 affect 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:
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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.
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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 June 5, 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):
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 request, upon receipt,,
concurrence or objection from the NCDCM.
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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.
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.
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The Corps of Engineers, Wilmington District will receive written comments pertinent to the
proposed work, as outlined above, until 5pm, June 5, 2017. Comments should be submitted to
Mr. David Brown, Asheville Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville,
North Carolina 28801-5006 at (828) 271-7980, extension 4232.
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