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HomeMy WebLinkAbout20051071 Ver 2_Public Notice_20070104~ ~ i~~~~ US Army Corps Of Engineers Wilmington District PUBLIC NOTICE Issue Date: 01/03/2007 Comment Deadline: 02/02/2007 Corps Action ID #:SAW-2006-41372-125 All interested parties are herby advised that the Wilmington District, Corps of Engineers (Corps) has received an application for work within jurisdictional waters of the United States. 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.army.miUwetlands Applicant: AGENT (if applicable): Authority BSH Home Appliances Corporation Attention: Mr. Patrick Franke, Director of Logistics 5551 McFadden Avenue Huntington Beach, Florida 92649 p ~ ~~ ~ ~ ~ D Robert M. Chiles, P.E. ,1~,;~ 4 2007 Attention: Mr. Robert M. Chiles Post Office Box 3496 ®Er< , :... ~€~ Qu~irY New Bern, North Carolina 28564 1MFTwr~sAr!osTORMNI.4ERBRANCH The Corps will evaluate this application and a decide whether to issue, conditionally issue, or deny the proposed work pursuant to applicable procedures of Section 404 of the Clean Water Act (33 U.S.C. 1344). Location Property is an 84 acre parcel at the Craven County Industrial Park (35.133513 - 77.167459) southeast of the intersection of Clarks Road and US 70 near Deep Branch, west of New Bern in Craven County, North Carolina. Existing Site Conditions The site is adjacent to the existing BSH Appliance Logistics Center located within the Craven County industrial Park. The site is bordered on the north by US Highway 70, to the west by North Carolina State Road 1225 and to the south by existing industrial development. The area is maintained in a mowed condition. Applicant's Stated Purpose The stated purpose and need is to expand the existing BSH Logistics Center to complete the intended supporting function for BSH Home Appliance's expanding manufacturing facility at Bosch Boulevard in New Bern, North Carolina. Project Description The applicant proposes to place fill in 1.02 acres of wetland to expand an existing plant by constructing an additional 517,500 square foot building adjacent to the existing facility. 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 in the NCDWQ Central Office in Raleigh serves as application to the NCDWQ for 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), 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Attention: Mr. John Hennessy (NC Department of Transportation projects) or Ms Cyndi Karoly (all other projects) by February 2, 2007 The applicant has not provided to the Corps, a certification statement that his/her proposed activity complies with and will 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 can not issue a permit for the proposed work until the applicant submits such a certification to the Corps and the North Carolina Division of Coastal Management (NCDCM), and the NCDCM notifies the Corps that it concurs with the applicant's consistency certification. Essential Fish Habitat This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the proposed project will not adversely impact EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. 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 maybe 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 has determined pursuant to the Endangered Species Act of 1973, that the proposed project will have no effect on federally listed endangered or threatened species or their formally designated critical habitat. 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 maybe expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which maybe 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 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 Engineer 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 Spm, February 2, 2006. Comments should be submitted to Tracey L. Wheeler US Army Corps of Engineers, Post Office Box 1000, Washington, North Carolina 27889. `=~~ ~ ~ :: '`~~_~t _. _ --_. ,. .. _ _ .. . 1 r ~ ~-•- _""„ ~-- ,_,.:. t., ^. ^_ ._ ~ } ~, ~..,_~~. a - - ~ ~ r i r2 i d ~ 1 ~r ?L ~ ~~, ~~ _ ~ ~. ~' i ~' ~; z t 'y. .rte. ° - ""°"'. "..^~.,w,,..~ E ~ ~ ~.^a'v r ~ ' ~ ~ _ !~ i i r „~. ~ ' ~'4. f l ~. ---~ ,' n -. ~ ~ _ _ `t ~. ~ `\. ~~ ct' i~ s C ~ i, 5 ''-,i _ t r t ,. - ,~ - ~ r- ~ ~ ° t a X.: ~ ~ ~~ .~ s _ ~~ 1 ,~ _ _ ---- -- 1'k _ . -~--:...-~~`°'~ p35o 0$' p0.3" Ntian~es Lo9`5~cs Center ~--~- ,` ,, location-gfSINI Nome APP _,_.-- ` Caption'. game: ,tASPER pate: 51~ Ol~O ~~~,als 2040 fleet Scate: r:=~~ _ ~~~~. ~~,~ n ~~ ~: ~~~~~ -~ ~,g~~ ~Rg~ '~<\, '~ 4.,~ ~` ~ ,,~ ~ ~. ~ ~ ~/ e ' ~~I I~ v g l ~~ ~: l~ s', ~ ~ 9 I>E~ ~;~ i~ I I ~~I - -- I ~ M4 °e U t3a ~~ s~ I ,dpi 'u . ~~~ -- --~ ~~~ di of --=--~ .~ ~ :e ~ xi, ;G ~ I ------ ---i I CRAPIIIC SCALE _ I I x~a~ y ~ ~ z I_, $ ~ °, ~ ~ ~, i:~~ ~ a x~ m n k ~ y 5 ~ 31 $ t C O [•J zz~ x Saiy~i '~-1 N ' g~a~i'o i~ o -, ~ _ ~ ~ ~ N , f m ^» ~~'° '> ~~ ~~~~ x ~F m- ®© E n n n Y~Y p o m ; ~~ .5~v Z y O t~ D m i~ K 0 0 0 o '~~J p~~i ~p~.y~_ I ~~ fi~ ~~ co pp ~° ~,r 7d ~ ®~~ ~------- Nom. ~'"n APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-0003 f33 CFA 325J Expires December 31, 2004 The Public burden for this collection of information is sastimated to nvarage 70 hours per response, although the majority of applications should require 5 hours or kss. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the dais needed, and completing and reviewing the collection of information. Send commatRs regarding this burden estimate or any otter aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Wastingion Headgvarta~~ Service Directorate of Information Operations and Reports, 121b Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the O~fica of Management and Budget; -' Paperwork Reduction Project 10710-0003], Wastington, DC 20503. Respondsrrts should be aware that notwitjstanding any other provision of few, no person shalt be subject to any pena}ty for failing to comply wkh a collection ofi infiormaIIan if it does not dirli~ay a number. Please DO NOT RETURN your form to either of those addresses. Completed eppllcations must be submitted to i e ng jurisdiction over the location of Lhe proposed activity, PRIVACY ACT STATEMENT ' '- ~ " i.;='~. ; ~ S Cii'J'~ Authorhies: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection , Restarch and Sanctuaries Act, 33 USC 1413, Section 103. Principal Purpose; #nformation provided on this form will be used in eve! ~~jj ~ permit. Routine Usea: This information may be shared wish Lhe Department of Justice and other federal, stets, .and toce~`j~~~+~g~`•~ Submission of requested information is voluntary, however, if information is not pravkied the permit application annot be evaluated nor wn a permit be issued, _ One set of original drawings or good reproducible copies which show the location and character ofi the propose2ivity moat be attached to this application (see- sample drawings and ir»tructions) and be submitted Lo the Oiatrict Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. /ITEMS Y TuOr f ~ 'rn aC cn r rn n v roc rnoan~ 1. APPLICATION NO. ~2. FIELD OFFICE CODE ~3. DATE RECEIVED 4. DATE APPLICATION COMPLETED I?FAA.S RFJ nW Tn RF Crf I cn it v w aO1 rr wwm 5. APPLICANT'S NAME f~ ~ ~ ~ L ~ 8. AUTHORIZED AGENT'S NAME AND TITLE Jen aoenr is nor reau%red% t.~~ k ~,~~~ ai. ~ ~S~~~S ~o~~T r~. c~,~~~s-~~ 6, APPLICANT'S ADDRESS ~st-~ l~1m~e ' ~ ~ ~ l.~ct~ces C-o~yl, 9. AGENT'S ADDRESS ~o'~,ax ~9CP ~r t ,Mc ~ a ofQH ~~e ~zc>-~~~,,,a~'o~ ~ . r ~CCeY+, ~-~ t ~26~~ , I~ew~E2N /JC 285~`t<-3`~910 ?.. APPLICANT'S PHONE NOS, WlAREA CODE 10. AGENT'S PHONE NOS. WlAREA CODE ' a.,.&oei~awe "? I y 8~(a 3 r°I ~ a.,..-aiae~~ee ~LS z~ ~v37 ~`f74Z b. Business ~ f Lf > / g({ts 2102fry / f ~X> ~ '~ b. Business <~'~/ 037 ^ 3100 ~-~p~> 11. STATEMENT OF AUTHORIZATION _ I hereby authorize, ~o a~K+ ~~ ~,1-f /L,[[.S /~""' ~ io act in my behalf as my agent in the processing of this application and to furnish, upon r st, supplemental informatics in support of this permit application. ,~ ~a ~'~!/ ry''~ !~ t.lrl~ ~~ ~ T U ~ ' J Q V i l t'~~~~il ~~ r v APPLICANT'S SIGNATURE DATE NAME, LOCATION AND DESCRIPTTON OF PAOJECT OR ACTIVITY 12. PROJECT NAME OR TITLE Isoe insrnxTiorzs: 3 (S ~ ~ h~vrrl Lx /-}PP1~r4NC-~5 1-cXz I sTiC. CG •~! ~E-.~. i3. NAME OF WATERBOOY. IF KNOWN rr,,»„[;.,.niPi /~ 15. LOCATION pF PROJECT 14. PROJECT STREET ADDRESS p/appticaarel 3~~ G~k~Cr.~rid~~ ~~42kW~-y Y~ .S/ Cou N r~ ~n/~ lI sil~/~ C ~ri-~e,r. L'1Zrt y~n~ n!. ~ . COUNTY STATE ~b. OTHER LOCATION DESCRIPTIONS, IF KNOWN, tsecins[rucf%orrsl Lr4~. 3~.f3`~I~%~ Lo,aca 77.1t~~5~tn1 ~!}-,'~c~~ ~D -~;-Zl7-tOoa 17. DlRECT10N5 TO THE SITE %-2orv~ try ~E~l ! 2AcVEt~ US flx~l~i 'f p WEST - E'X /~- ,Q-T NC52 % Z Z.`j t~CI/}Qk5 RD~ . T~,2n~ ~E~T aN~ o C~-.4~eks 'RA ~ t~osS /{,,,SY ~(o j~~sS C~v~rt~•~1c~ ?o ~~>T' A,2EA ot~ /Z t Cy t} T f~i4^-1 A S / ~7 ~ ~ "T"V~-~ 1..fF % OntTa ~,i/EC lj' l v~ "I~s,KIC r,J 14 '~ . S t T~ 1 S o%1 ,t,~ F i ~'ad 7~.Q. (~I fi• S~co..il~ 'A2t~GG~}1~, l~.ooo5~n /•y1PA~S .i`ov4`T~~ N~A-2 1~lpQ-iH Lf~Si ~6Ac.k~Ri~t-,fi~ Ca2n~E2 03~ 'P~U tc-ar •t~ EDITION OF FEB 94 E. 1Proponeni~ CECVV-OR? 18. Nature of Activity 1L~sCri(xion orrxo~ect,;nduaeaNreertKes) "'j~ ~ Cv,2 ~ `J ~ -~ Q ~ C~.G ~} YLO J C C l i.t.i 1 (., L /4 D' ~ 5 5 (~ _~ I_ ~o R iL~:c.~^rt1Ly C.7 n-,PLtTZt) :~~3,t~oQ 5~,,~T'_ lnls~vSTR3PtL G~Uit.>>»J C,r/w>4-tLE/fousC J. Anti] {}5sv~l>4~ 1N r~-tZPrS~cZvt/Tuzr` ~i2j1-)~~r. S'~~zA~t , ~t-P><o.3s,T~vc~t_ LA~~s~_ , 19. Project PurpoSElDescriberhereasonwtxrprueo/rherxojecr,seeirurfuc(ivrul j ~L ~~~~QS~ ~~ ~C ~2~7~CC) ~~j 1D Er~/,4/~Y~ T ~-}-,~ w fr2..~ t}~ov s E ,a-n1 rn Inl ~c>4 sS-,~ c..Tv,ZLt To ,-'1-i-~ ~ 7 r,~, ~,,; 5? av s , ~.11~ t Cpn"~~ !~f i7f~¢' OBI ~ 7~1A•L USE BLOCKS 20-22 1F DREDGED AND/OR F1CC MATERIAL IS TO BE DISCHARGED 20. Reasons} for Discharge i o C.oy~sT`YLV C~ ~oV n9 A~tT)Ol~l ~e~~ ~r2~4'OS~ ~ mil; ~Lt~)nt~7 C?C~~11S1~rJ _~ f~17 I r.i Y 'f~CS i ~u ~ TUQ.1% , 21. Types} of Material Beina Discharcred and the Amount of Each Twe in Cubic Yards /i~/t'Zr1LIs'4-C, f71£'1'Lr'/~;~A~ f U ~O IJ 2~`~~orv>>'nc'uD~i ~woJS ~~= 6~o i E'<ft.vlCetL. R~'~o~e'T-~ST>2~.c"Z'vK~a-,~1t..L~, Vn~umr= ?jeF'cn1~~~•n1/1 UPor.l "~~'f 1 H or tt~ ~r7'G~ Urir~~2Cvi - 5vZ~I~C>r ~~f~ l y _.T g C.~/ ~'T'. 22. Surface Area in Acres of Wetlands or ether Waters Filled tsee;nsrrucaonsJ W E-rL.l~stJ n stlQFt4csc Prn.E;~ 1 S ~} ~}~ ~qO sc~ . ~, 23. Is Any Portion of the Work Already Complete? Yes ~ No iF YES, DESCRIBE THE COMPLETED WORK t~ OC~1L ASS ~~~ 1~'7'Lc.D Irv > T 1-} T~{ 1 S ~cP° L\ C#4 i~ +~ ri i S 5~ c.o t•1~ ~'i{•>'}St o t= ~D~41~ ~l {Lp~'i`~-} - Fr2S~ p+~t':S£ n~- °20~c<.i 1S C;~mpL~E, 24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adpins the Waierbody {!f more than can be entered here, please attach a supplemental fist). ~-~• r ~ ti ~ ~ u,) ~r`r~.. {~ X17 15 til -3-0 L~ ~~/ C t~,~ - ~9-~ tv E ~ ~.r~ t'~ 1-~ 1 ~ Tfik-~ ~p i••~l ~-+~l ; S y ~.~ 4' ,s .e ~ `~ - 25. List of Ctther Certifications or ApprovalslDenials Received from other Federal, State or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL' iDENTlFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED nlCgEN 2 5'i"o2i+quir~rL~C 5 w 70~0~ Z`1 (o //S S r`lt_Ut n12 Erzos+or.t CoruryLoL CRlHlE- ps - Olc l {O J ! j5 USe~tt: .jD A-thou lA ZooSlipZ~ 5/Z3)5 'wouto tnGUde but Is not restricted to zoning, building and flood plain permits 26. Application is hereby made for a permit or •permits to authorize the work described in this application, 1 certify that the information in this application is complete and accurate. I further certify that t possess tha~a~hority to~ydertake the work described herein or am acting as the duly aut tze age t of the/~licant. ~~~-~! 7 ~ lo~i2 DG ___r_ SIGNATURE OF APPLICANT DATE SIGNI>>~RE DF,AGENrj DATE The application must be signed by the person who desires fo undertake the proposed'activity fapplicsntl 6r~ii may pe'siyried by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Vyhoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises n mattrial fact or makes any false, fictitious or fraudulent statements or rapresantations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall ba fined not more than $ 10,000 or imprisoned not more than five years or both.