HomeMy WebLinkAbout20180029 Ver 1_Public Notice_20180112M
US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: January 12, 2018
Comment Deadline: February 10, 2018
Corps Action ID Number: SAW -2018-00040
The Wilmington District, Corps of Engineers (Corps) received an application from Egger
Wood Products, LLC seeking Department of the Army authorization to impact
approximately 1.00 acre of open water pond, 0.238 acre of wetland and 49 linear feet of
stream channel of the jurisdictional waters of South Potts Creek associated with the
proposed construction of a wood based products manufacturing facility located off
Belmont Road in Linwood, Davidson 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/Re ulatoryPermitPro r�px
Applicant:
AGENT (if applicable):
Authority
Egger Wood Products, LLC
Mr. Bernhard Vorreiter
PO Box 907
Lexington, North Carolina 27293
Pilot Environmental, Inc.
Mr. Bradley Luckey
PO Box 128
Kernersville, North Carolina 27285
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)
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Location
Location Description: The project site is located on an approximate 238 acre tract of
undeveloped land south of Belmont Road in Linwood, Davidson County, North Carolina.
Project Area (acres): 238 Nearest Town: Linwood
Nearest Waterway: South Potts Creek River Basin: Yadkin
Latitude and Longitude: 35.74072 N, -80.34455 W
Existing Site Conditions
General land use in the vicinity of the proposed project is residential and agricultural.
The project site contains a single-family residence and associated outbuildings on the
southeastern portion of the site. Gravel and earthen fill storage areas are located on the
central and northeastern portions of the site. An overhead electricity transmission line
transects the southern portion of the site. Unimproved compacted soil roads are located
on the central and southeastern portion of the project area. The remainder of the site
contains agricultural fields and wooded land.
Open water ponds are located on the central and southern portions of the Project Area.
The pond located on the central portion of the site is not hydrologically connected to
down -gradient waters. The pond on the southern portion of the site is hydrologically
connected to down -gradient waters. Two streams are located on the northern portion of
the site and a third stream is located on the southern portion of the site. Wetlands are
located on the northern, western and southern portions of the site. The wetlands directly
abut streams and the open water pond located on the site and South Potts Creek, located
west of the project area.
The project area that will be altered by the proposed development contains predominantly
undeveloped agronomic fields. Limited areas of previously disturbed land (gravel and
earthen fill storage areas) and wooded land. The area of impact within the agronomic
fields and previously disturbed land includes the following mixed grass/weed species:
fescue -Kentucky 31 (Schedononus arundinaceus), meadow fescue (Schedonorus
pratensis), bermudagrass (cynodon dactylon), Bahiagrass (Papsaluln notatuln), Crabgrass
(Digitaria sp.), Common Dandelion (Taraxacuin officinals), broomsedge (Andropogon
virginicus), white clover (Trifoliuin repens), horsenettle (Solanum carolinense),
horseweed (Cony --a canadensis), common ragweed (Ainbrosia arteinisiifolia), wild garlic
(Allium canadense), common lespedeza (Lespedeza cuneata), common pokeweed
(Phytolacca ainericana), dogfennel (Eupatoriuin capillifoliuin), broadleaf plantain
(Plantago major), purple deadnettle (Lainiuin purpureuin), common chickweed (Stellaria
media) and Virginia cudweed (Gainochaeta purpurea).
The wooded land, located within the proposed project area of disturbance, contains mixed
hardwood/pine species that are dominated by various oak (Quercus sp.), hickory, (Cayra
sp.), maples (Acer sp.) eastern red cedar (Juniperus virginiana), sweet gum (Liquidainbar
styraciflua), common hackberry (Celtis occidentalis), China berry (Melia azedarach) and
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Tree of Heaven (Ailanthus altisshna) in the tree/sapling stratum. Understory vegetation
includes Christmas fern (Polystichuin acrostichoides), sawtooth blackberry (Rubus
argutus), Japanese honeysuckle (Lonicera japonica), green briar species (Smilax sp.),
muscadine grape (Vitis rotundifolia), Virginia creeper (Parthenocissus quinquefolia) and
ebony spleenwort (Aspleniuin platyneuron).
The vegetation located within the jurisdictional areas of impact are dominated by the
following species:
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Species
Stratum
Wetland Indicator
Aces^ rubnuin
Canopy/Midstory
Red Maple
Tree/Sap
FAC
Liquidainbar styraciflua
Canopy/Midstory
Sweet Quin
Tree/Sap
FAC
Salix nigra
Midstory/Understory
Black Willow
Tree/Sap
OBL
Ligustruin sinense
Midstory/Understory
Chinese Privett
Sap/Herb
FAC
Lonicera japonica
Midstory/Understory
Japanese Honeysuckle
Vine/Herb
FAC
Vitus rotundifolia
Midstory/Understory
Muscadine grape
Vine/Herb
FAC
Smilax rotundifolia
Midstory/Understory
Green Briar
Vine/Herb
FAC
Rubus argutus
Understory
Sawtooth Blackberry
Herb
FAC
duncus effusus
Understory
Common Rush
Herb
FACW
Microstegiuun viinineuin
Understory
Japanese Stilt Grass
Herb
FAC
Schedononus sp.
Understory
Fescue Grass
Herb
FACU
Cony --a canadensis
Understory
Horseweed
Herb
FACU
Eupatoriuun capillifoliuun
Understory
Dogfennel
Herb
FACU
Andropogon virginicus
Understory
Bluestem Broomsedge
Herb
FAC
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Applicant's Stated Purpose
As stated by the applicant, the purpose of the Proposed Project is to develop a large scale
composite wood products manufacturing facility within the North American market that
is capable of incorporating future technological advances and production lines to allow
the facility to remain viable in the future.
Project Description
The Proposed Facility will be developed in three phases over the course of 8 to 15 years.
Phase I of development includes construction of a particle board production facility
comprised of raw material storage areas, production lines including automated conveyors
between production areas/buildings, finished product storage, administration buildings,
maintenance buildings and necessary infrastructure to support manufacturing. Necessary
infrastructure includes rail spur extensions and an access drive for import and export of
raw materials and finished products, electricity sub -station and relocation of an overhead
transmission line, a fire suppression system, water treatment system and a stormwater
management pond. Particle board production within Phase I of development will be a
variety of forms and sizes for different end users.
Phase II of the development is anticipated to occur within the next five years. Phase II of
development includes the construction of a second manufacturing line that produces
panels, finished furniture parts and kitchen cabinet parts. Phase III of the development is
anticipated to occur within the next 8 to 15 years and will include the construction of a
third wood panel production line. The type of production line in Phase III will be
determined based upon market conditions at that time and could manufacture orientated
strand board (OSB), medium density fiberboards (MDF) or another type of thermally
fused laminate (TFL). Phase III will also include an ancillary glues/resins production
facility to support the Phase I and Phase III primary manufacturing lines. Due to safety
and regulatory concerns, the glue/resin building cannot be located proximate to raw
material storage or the three proposed manufacturing lines. Infrastructure to support
Phases II and III will be extended or installed as Phases II and III are constructed.
Production chains of Phase I are not increased by Phases II and III.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or
minimize impacts to the aquatic environment:
Based on the alternative's analysis completed by the applicant, the Proposed Project was
determined to be the preferred alternative and the least damaging to the environment
while still meeting the Applicant's purpose and need. Specifically, the recent purchase
and addition of approximately 13 acres to the eastern portion of the Project Area resulted
in significantly less impacts to WoUS located on the northern portion of the Project Area
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as a result of Phase III being able to be shifted to the east and south within the Project
Area.
The applicant has incorporated the use of retaining walls at significantly increased
construction costs in efforts to further minimize the impact to the environment and
jurisdictional features. An approximate 6.5 foot tall retaining wall is being proposed to
avoid fill impact to Wetland WT 1-8. The proposed retaining wall has shortened fill side
slopes associated with the proposed rail spurs and avoided impact to 0.363 acres of
wetlands.
A second retaining wall is proposed within the area of proposed impacts to WoUS. The
Applicant evaluated attempting to avoid or minimize proposed impacts with increasing
the height of this wall. However, due to fill slopes within the overhead transmission line
right-of-way being limited to 4:1, the retaining wall would have to be at an approximate
height of 35 to 40 feet to avoid proposed impacts to a portion of the open water pond PX
1-43/PXA 1-12 and Stream SX 1-4. Therefore, due to safety concerns associated with
relative position of rail lines and construction costs of the retaining wall compared to the
impact to low quality WoUS, it was determined through design techniques that the
second retaining wall would be used for the purpose of constructability and long-term
maintenance ease and was not feasible to attempt to utilize for avoidance and
minimization of impacts to WoUS.
The sequence of construction has been designed to minimize areas of exposed/bare soils
and secondary impacts by siltation of downstream waters. During construction of the
project, erosion control devices will be routinely inspected and maintained to minimize
the amount of sediment loss from the Project to down -gradient WoUS. Disturbed areas
will be re -seeded promptly, where possible, to prevent future erosion and sediment runoff
into down -gradient waters. Stockpiling excavated soil will be avoided where possible. If
temporary stockpiling is necessary, the stockpiles be bermed and surrounded with silt
fencing or other best management practices will be used. Erosion control inspections will
be routinely conducted by the Applicant's contractor and scheduled with the Land
Quality Section as necessary. All construction efforts will be performed in accordance
with design specifications prepared by the engineer and approved by local and state
regulating authorities.
There are approximately 834 linear feet of perennial stream channel, 90 linear feet of
intermittent steam channel, 2.906 acres of wetlands and 1.00 acres of open water pond
located within the Project Area. Impacts to 834 linear feet of perennial stream channel, 41
linear feet of intermittent stream channel and 2.668 acres of wetlands have been avoided.
The Proposed Facility has been designed in a manner that allows for future expansion to
incorporate future technological advances and production lines without additional
impacts to WoUS outside of those proposed within this application. Additional impacts to
WoUS beyond those that are proposed in this project are not anticipated.
Compensatory Mitigation
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The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment:
The applicant has attempted to avoid and minimize impacts where possible and will
compensate to the extent practicable, for the remaining unavoidable losses with
mitigation. The applicant proposes the following mitigation for the unavoidable impacts
to WoUS:
The Wetland WXA 1-22 has been classified as a low -quality wetland by NCWAM.
Furthermore, based upon site observations and provided documentation, it is the opinion
of the Applicant that the mitigation ratio for Wetland WXA 1-22 should not exceed a 1:1
ratio. At the ratio proposed, the applicant will purchase 0.24 acres of wetland credits,
which will exceed mitigation credit requirements.
Mitigation is not proposed for impact to the open water pond PX 1-43/PXA 1-12 or the
intermittent stream SX 1-4. Previous impacts to streams associated with the I-85
Davidson Corporate Center Industrial Park sanitary sewer improvements (SAW -2017-
02504) are 43 linear feet. When considered cumulative with those proposed in this
application, cumulative impact totals are less than 150 linear feet of stream impact.
Therefore, mitigation should not be required for the Proposed Project's impact to Stream
SX 1-4. However, it should be noted that Stream SX 1-4 is a low -quality stream feature
as classified by NCSAM and documented within this application.
The applicant proposes to compensate for impacts associated with the Proposed Project
by offering payment into the NCDEQ-Division of Mitigation Services (DMS). Private
mitigation banks, within the watershed of the Proposed Project, did not have credits
available at the time of the Applicant's request. According to a November 29, 2017 letter
issued by the NCDEQ-DMS, the required mitigation credits are available.
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.
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'' of
Impact Type of
Proposed
Prop
Impact Required
Feature Impact
MitigationRatio
Amount Credits
Wetland Pill
1:1
0.238 Ac 0.24 Ac
WXA 1-22
The Wetland WXA 1-22 has been classified as a low -quality wetland by NCWAM.
Furthermore, based upon site observations and provided documentation, it is the opinion
of the Applicant that the mitigation ratio for Wetland WXA 1-22 should not exceed a 1:1
ratio. At the ratio proposed, the applicant will purchase 0.24 acres of wetland credits,
which will exceed mitigation credit requirements.
Mitigation is not proposed for impact to the open water pond PX 1-43/PXA 1-12 or the
intermittent stream SX 1-4. Previous impacts to streams associated with the I-85
Davidson Corporate Center Industrial Park sanitary sewer improvements (SAW -2017-
02504) are 43 linear feet. When considered cumulative with those proposed in this
application, cumulative impact totals are less than 150 linear feet of stream impact.
Therefore, mitigation should not be required for the Proposed Project's impact to Stream
SX 1-4. However, it should be noted that Stream SX 1-4 is a low -quality stream feature
as classified by NCSAM and documented within this application.
The applicant proposes to compensate for impacts associated with the Proposed Project
by offering payment into the NCDEQ-Division of Mitigation Services (DMS). Private
mitigation banks, within the watershed of the Proposed Project, did not have credits
available at the time of the Applicant's request. According to a November 29, 2017 letter
issued by the NCDEQ-DMS, the required mitigation credits are available.
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.
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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:
❑ 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 -identified permit area.
Endangered Species
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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.
❑ 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 will consult under Section 7 of the ESA and will not make a permit
decision until the consultation process is complete.
❑ The Corps has initiated consultation under Section 7 of the ESA and will not
make a permit decision until the consultation process is complete.
❑ The Corps determines that the proposed project may affect federally listed
endangered or threatened species or their formally designated critical habitat.
Consultation has been completed for this type of activity and the effects of the
proposed activity have been evaluated and/or authorized by the National Marine
Fisheries Service (NMFS) in the South Atlantic Regional Biological Opinion or
its associated documents, including 7(a)(2) & 7(d) analyses and Critical Habitat
assessments. A copy of this public notice will be sent to the NMFS.
❑ 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
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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 March 12 2018 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.
® 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
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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 will 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, February 10, 2018. Comments should
be submitted to Bryan Roden -Reynolds, Regulatory Project Manager, Asheville
Regulatory Field Office, 151 Patton Avenue, ROOM 208, at (704) 510-1440.
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