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HomeMy WebLinkAbout20090271 Ver 1_Public Notice_20090417US Army Corps PUBLIC NOTICE Of Engineers Wilmington District Issue Date: April 17, 2009 Comment Deadline: May 18, 2009 Corps Action ID #:2007-03235 Camp Lejeune-MPMG Range P-01 The Wilmington District, Corps of Engineers (Corps) has received an application from the US Marine Corps/Camp Lejeune seeking Department of the Army authorization to discharge dredged or fill material into waters of the United States associated with construction of the P-1 Multi-purpose Machinegun Range on Marine Corps Base (MCB) Camp Lejeune in Onslow County, North Carolina. Specific plans and location information are described below and shown on the attached plans. This Public Notice with all attached plans is also available on the Wilmington District Web Site at www.saw.usace.army.mil/wetlands Applicant: Department of the Navy US Marine Corps Base Camp Lejeune c/o Mr. Carl Baker, Deputy Public Works Officer Public Works Division 1005 Michael Road Camp Lejeune, North Carolina 28542 Authority The Corps will evaluate this application and decide whether to issue, conditionally issue, or deny the proposed work pursuant to applicable procedures under Section 404 of the Clean Water Act (33 U.S.C. 1344). Location The MCB plans to realign and consolidate several training ranges within the G-10 Impact Area. The G-10 Impact area is 5,189 acres in size and is located between Sneads Ferry Road, Highway 172 and Lyman Road. The P-1 Range site is approximately 136 acres in size and is located in the southern part of the larger G-10 Impact Area, just north of the intersection of Sneads Ferry Road and highway 172 in Onslow County. The proposed project is located in adjacent wetlands and tributaries that are hydrologically connected to the New River or the Intracoastal Waterway, Hydrologic Cataloging Unit 03030001 and 03020106, respectively. Applicant's Stated Purpose The Purpose of the proposed project is to sustain mission readiness through maximizing the base's training capabilities to meet current and emerging requirements, consistent with the Range and Training Area Transformation Plan for 2020 concepts. The need for the project is to optimize range configuration to use land more efficiently, eliminate range scheduling conflicts, minimize long term environmental impacts, reduce noise impacts on the local community, develop ranges that facilitate realistic, combat-oriented training and provide training for multiple weapon systems and performance feedback to the shooter. Existing Site Conditions The G-10 Impact area is 5,189 acres in size and is located between Sneads Ferry Road, Highway 172, and Lyman Road. The P-1 Range site is approximately 136 acres in size and is located in the southern part of the larger G-10 Impact Area, just north of the intersection of Sneads Ferry Road and Highway 172. The western part of the G-10 Impact Area falls within the New River Basin (HUC 03030001) and the eastern and southern portions fall within the Intracoastal Waterway (HUC 03020106) in the NC Coastal Plain physiographic region of the state. Topography is characterized by gently sloping ridges and swales, with the highest elevation at about 54 feet above mean sea level (MSL) in the northwestern portion of the G-10 Impact Area and the lowest elevation at about 6 feet MSL. The G-10 Impact Area is characterized by pine savannas dissected by drainage slopes. Forested areas in the G-10 Impact Area support longleaf pines (Pinus palustris) as the dominant canopy species and wiregrass as the dominant groundcover, which is representative of the historical landscape of the southeastern coastal plain. Other species found in this area with variation due to hydrology and fire history, include Turkey Oak (Quercus laevis), Blackjack Oak (Q. marilandica), Bracken fern, Highbush Blueberry (Vaccinium corymbosum), wax myrtle (Myrica cerifera), blue huckleberry, and spackleberry. Areas excluded from a frequent fire regime may support mockernut hickory, white oak, beech, American Holly (Ilex opaca), and tulip poplar. Herbaceous species in wet depressions include cinnamon fern (Osmunda cinnamomea), chainferns (Woodwardia spp.) and sedges. If trees are present in or surrounding the depressions, they may include red maple (Acer rubrum), redbay (Persea palustris), loblolly bay (Gordonia lasianthus), sweetbay (Magnolia virginiana), and an occasional pond cypress (Taxodium ascendens). Also found within the G-10 Impact Area is pocosin, dense evergreen shrub communities that occur on peat lands of poorly drained interstream flats. Dominant plant species include fetterbush (Lyonia lucida), swamp cyrilla (Cyrilla racemiflora), and dusty zenobia (Zenbia pulverulenta). Other species found in pocosin include stunted pond pine, ink-berry (Ilex glabra), laurel-leaf greenbrier (Smilax laurifolia), redbay, loblolly bay, and sweetbay. The P-1 Range contains approximately 90 acres of wetlands. The project area supports wet pine flatwoods, pine savannas, and coastal plain small stream swamp along Freeman Creek. The wetlands located within the project site are classified as palustrine forested, broad- leaved deciduous (PFO 1) and needle-leaved evergreen forests (PF04). The PFO 1 wetlands are dominated by red maple (Acer rubrum), blackgum (Nyssa sylatica) and sweetgum 2 (Liquidambar styraciflua). The mid-story is composed of redbay (Persea palustris), sweetbay (Magnolia virginiana), ironwood (Carpinus caroliniana), and American holly (Ilex opaca). The PF04 wetlands are dominated by pond pine (Pinus serotina), and loblolly pine (P. taeda), with a mid-story similar to the PFO1 wetlands. Both wetland types share similar shrub layers of highbush blueberry (Vaccinium corymbosum), wax myrtle (Myrica cerifera), titi (Cyrila racemiflora), inkberry (Ilex glabra), fetterbush (Lyonia lucida) and sweet pepperbush (Clethra alnifolia). Project Description The following description of the work is taken from data provided by the applicant. The Marine Corps Base, Camp Lejeune proposes to construct the P-1, Multi-purpose Machine Gun Range within the G-10 Impact Area. The range will consist of eight firing lanes and a total footprint of approximately 136 acre. The range consists of two main areas, separated by the firing line. These areas are the target area (approximately 134 acres) and the smaller support area (approximately 1.4 acres). Range targets would be placed on above-grade earth berms arrayed in several parallel rows up to a maximum distance of 1,312 yards from the firing line. All targets will be automated and controlled from a tower located in the support area. A maintenance road providing access to the target would run behind each berm. The target maintenance roads would branch off the main service road, which would run along the northern boundary of the range, connecting the support and target areas. All range roads would be gravel roads. The entire P-1 downrange footprint will be graded, with the exception of a 50 foot buffer along Clay Bank Branch, in order to promote positive drainage and help facilitate the future maintenance of the range and meet required line-of- sight parameters. Some areas located along the perimeter of the P-1 Range and adjacent Clay Bank Branch will be periodically bushhogged in order to maintain line-of-sight from the firing line to the range limit markers. The target berms will be constructed using fill from a proposed borrow pit located off site. The proposed project will result in permanent impacts to 71.60 acres of wetlands through grading activities. In addition, 17.89 acres of wetlands would be impacted (converted to a different wetland type) due to vegetation maintenance needs. These areas would receive periodic mechanical treatment (mowed with specialized forest management equipment) in order to maintain line of sight from the firing line to the range markers. The project impact areas are located in the Intracoastal Waterway, Hydrologic Cataloging Unit 03020106. The applicant proposes to debit the mitigation credits from the Greater Sandy Run Area (GSRA) Wetland Mitigation Bank located on Camp Lejeune to provide the necessary compensatory mitigation for the unavoidable wetland impacts associated with this project. Other Required Authorizations This notice and all applicable application materials are being forwarded to the appropriate State agencies for review. The Corps will generally not make a final permit decision until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State certification required by Section 401 of the Clean Water Act (PL 92-500). The receipt of the application and this public notice combined with appropriate application fee at the North Carolina Division of Water Quality central office in Raleigh will constitute initial receipt of an application for a 401 Water Quality Certification. A waiver will be deemed to occur if the NCDWQ fails to act on this request for certification within sixty days of the date of the receipt of this notice in the NCDWQ Central Office. Additional information regarding the Clean Water Act certification may be reviewed at the NCDWQ Central Office, 401 Oversight and Express Permits Unit, 2321 Crabtree Boulevard, Raleigh, North Carolina 27604-2260. All persons desiring to make comments regarding the application for certification under Section 401 of the Clean Water Act should do so in writing delivered to the North Carolina Division of Water Quality (NCDWQ), 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Attention: Ms. Cyndi Karoly by May 18, 2009. Cultural Resources The Corps has consulted the latest published version of the National Register of Historic Places (NHRP) 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. In addition, MCB, Camp Lejeune archaeologists have not identified any potential archaeological sites within the proposed ranges. No archaeological surveys can be conducted within the Primary Impact Area in G-10 due to the hazards posed by the potential presence of unexploded ordinance. Endangered and Threatened Species Known populations of threatened and endangered species are monitored closely by MCB, Camp Lejeune Endangered Species staff. MCB, Camp Lejeune has populations of seven federally-listed threatened or endangered species, as shown in Table 1. Table 1. Federally Listed Species at MCB, Camp Lejeune Common Name Scientific Name Status Loggerhead sea turtle Caretta caretta Threatened Leatherback sea turtle Dermochel s coriacea Endangered Green sea turtle Chelonia m das Threatened Piping Plover Charadrius melodus Threatened Red-cockaded woodpecker Picoides borealis Endangered Seabeach amaranth Amaranthus umila Threatened Rough-leaved loosestrife L simachia as erulae olia Endangered Source: Integrated Natural Resources Management Plan, 2007 Of the federally threatened and endangered species listed in Table 3 above, only the red- cockaded woodpecker and rough-leaved loosestrife have the potential to be affected by the proposed action. The proposed Range would affect one existing red-cockaded woodpecker cluster, which would be cut or destroyed by live fire and may affect areas of high probability for rough-leaved loosestrife. MCB Camp Lejeune has consulted with the US Fish and Wildlife Service, in accordance with Section 7(a)(2) of the Endangered Species Act of 1973, as amended (16 USC 1531 et seq.), and prepared a Biological Assessment (BA) to evaluate the nature and intensity of the expected impacts that the project may have on the two species. The Biological Assessment was submitted for review to the US Fish and Wildlife Service (Service), and a Biological Opinion (BO) was issued by the Service on May 5, 2008. The Service's Biological opinion is that the proposed Range Transformation Plan is not likely to jeopardize the continued existence of the RCW. However, the proposed project would result in an anticipated incidental take of RCW. Non- discretionary measures have been identified by the service to be undertaken by Camp Lejeune to minimize the impacts of the incidental take of RCW. The District Engineer, based on available information, is not aware that the proposed activities requiring DA authorization will affect any other species not listed above, or their critical habitat, designated as endangered or threatened pursuant to the Endangered Species Act of 1973 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. Written comments pertinent to the proposed work, as outlined above, will be received by the Corps of Engineers, Wilmington District, until 5pm, May 18, 2009. Comments should be submitted to Mr. Richard K. Spencer, Wilmington Regulatory Division Office, 69 Darlington Avenue, Wilmington, North Carolina 28403-1343. 6 Action ID No: 2007-03235-024 April 18, 2009 To discharge dredged or fill material into waters of the United States associated with construction of the P-1 Multi-purpose Machinegun Range on Marine Corps Base (MCB) Camp Lejeune in Onslow County, North Carolina. No. Cys. Mail To Applicant: 18 Required List Hard Copies USAED, ATTN: Richard Spencer 5 Extra 25 TOTAL US Army Corps PUBLIC NOTICE Of Engineers Wilmington District Issue Date: 17 April 2009 Comment Deadline: 18 May 2009 Corps Action ID #:SAW-2009-00743 The Wilmington District, Corps of Engineers (Corps) has received an application from Spring Creek Timber Company, LLC seeking Department of the Army authorization to impact 3.6 acres of jurisdictional wetlands associated with construction of two access roads for two hunting cabins to be built on the property in Pamlico County, North Carolina. Specific plans and location information are described below and shown on the attached plans. This Public Notice and all attached plans are also available on the Wilmington District Web Site at www.saw.usace.army.miI/wetlands Applicant: Spring Creek Timber Company, LLC Attention: Mr. Ken Williams 3313 Highway 70 East New Bern, North Carolina 28560 AGENT (if applicable): Land Management Group Attention: Ms. Ashley Futral Post Office Box 2522 Wilmington, North Carolina 28402 Authority The Corps will evaluate this application and a decide whether to issue, conditionally issue, or deny the proposed work pursuant to applicable procedures pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344). Location The property is a 2,318 acre tract located east of NCSR 1327 south of the community of Florence southeast of Bayboro, adjacent to Spring Creek, Long Creek, Swan Creek, and Broad Creek in Pamlico County, North Carolina ( 35.131730 N, -76.597051 E). Existing Site Conditions Version 12/12/05 The site is currently undeveloped except for a logging road that was constructed on the site in 2006. Large portions of the tract are in timber production. Most of the tract is comprised of jurisdictional wetlands. Surrounding land use includes pine plantations and undeveloped property. The property is bordered to the northeast by Spring Creek and Long Creek and to the south and east by Swan Creek and Broad Creek. The property is used for hunting. Applicant's Stated Purpose The applicant proposes to impact 3.6 acres of jurisdictional wetlands to construct access roads for two hunting cabins to be built on the property. Project Description The applicant proposes to construct two hunting cabins on pilings on two upland islands near Spring Creek. One of the cabins would be accessed using an existing logging road and the other would require construction of a new access road. Because the existing logging road was constructed as an exempt activity, the change of use requires that the impacts be permitted. Construction of the access roads would result in the permanent loss of 3.6 acres of jurisdictional wetlands. A bridge would be constructed over a small area of coastal wetlands located in the road alignment. 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 combined with the appropriate application fee at the North Carolina Division of Water Quality central office in Raleigh will constitute initial receipt of an application for a 401 Water Quality Certification. A waiver will be deemed to occur if the NCDWQ fails to act on this request for certification within sixty days of the date of the receipt of this notice in the NCDWQ Central Office. Additional information regarding the Clean Water Act certification may be reviewed at the NCDWQ Central Office, 401 Oversight and Express Permits Unit, 2321 Crabtree Boulevard, Raleigh, North Carolina 27604-2260. All persons desiring to make comments regarding the application for certification under Section 401 of the Clean Water Act should do so in writing delivered to the North Carolina Division of Water Quality (NCDWQ), 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Attention: Ms Cyndi Karoly by 18 May 2009. 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 Version 12/12/05 325.2(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 may be located within the project area and/or could be affected by the proposed work. Endangered Species The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest North Carolina Natural Heritage Database. Based on available information, the Corps 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 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 Version 12/12/05 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 consolidate 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. Written comments pertinent to the proposed work, as outlined above, will be received by the Corps of Engineers, Wilmington District, until 5pm, 18 May 2009. Comments should be submitted to Tracey Wheeler, U.S. Army Corps of Engineers, Post Office Box 1000, Washington, North Carolina, 27889 (252) 975-1616 ex 24. Version 12/12/05 .X2'7fYd ?Z ?pF trig t -_- , ,.rte. .. .- .. :.... .:. ., .... - v '..•, • ? ? t., is - '?',?,?L ?, Z ?y :yam { 7t ?1 - FEJTt3(tTfJCirt ?t ----------- ----------- t? ?? 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