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Home My WebLink About20150088 Ver 2_Public Notice_20190408Issue Date: April 8, 2019 Comment Deadline: May 7, 2019 Corps Action ID Number: SAW -2018-00173 The Wilmington District, Corps of Engineers (Corps) received an application from the Greater Asheville Regional Airport Authority seeking Department of the Army authorization to discharge fill material into 467 linear feet of stream channel and 0.22 acres of wetlands, associated with an overnight aircraft parking expansion in Asheville, 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/RegulatoryPermitPro gram. asp Applicant: AGENT (if applicable): Authority Greater Asheville Regional Airport Authority Mr. Lew Bleiweis 61 Terminal Drive, Suite 1 Fletcher, North Carolina 28732 C1earWater Environmental Consultants, Inc. Mr. Clement Riddle 32 Clayton Street Asheville, North Carolina 28801 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 Location Description: The site is located at the existing Asheville Airport at 61 Terminal Drive, in Asheville, North Carolina. Version 6.15.2017 Page 1 Project Area (acres): 2.5 acres Nearest Town: Asheville Nearest Waterway: Cane Creek River Basin: French Broad River Latitude and Longitude: 35.434592 N, -82.537273 W Existing Site Conditions The site is a small previously undeveloped area adjacent to an existing runway and long term parking area. The area has been historically cleared and vegetated maintained at herbaceous levels. The two stream channels within the project area are unnamed tributaries to Cane Creek with an adjacent wetland. Cane Creek drains to the French Broad River which is considered navigable. Stream A totals 398 linear feet and Stream B totals 69 linear feet. The wetland area is herbaceous and totals 0.22 acres in size. Applicant's Stated Purpose The purpose as stated by the application is to create an overnight aircraft parking area. Project Description Approximately 467 linear feet of stream channel and 0.22 acres of wetlands is proposing to be filled in order to extend an existing terminal apron in order to accommodate overnight parking for a total of 10-11 aircraft. Avoidance and Minimization The applicant provided information in support of efforts to avoid and/or minimize impacts to the aquatic environment. Several different locations within the Airport property were evaluated as on-site alternatives but were determined not practicable by the applicant due to either being currently occupied by other airport facilities/infrastructure, being reserved for other planned future airport expansions as outlined in the Airport's 2013 Master Plan Update, or would not be in close enough proximity to existing parking and therefore require additional/redundant infrastructure in the form of roads and security. The applicant has stated that the jurisdictional impacts on site have been reduced to the minimum amount necessary to complete the project as proposed. Compensatory Mitigation The applicant provided a compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment to include payment to the North Carolina Division of Mitigation Services at a 1:1 ratio for the restoration of 0.22 acre of wetlands and to a private mitigation bank (Anderson Farms) for the restoration of 467 linear feet of stream channel in the French Broad River Basin (HUC 06010105). The applicant used the North Carolina Wetland Assessment Methodology (NCWAM) and the North Carolina Stream Assessment Methodology (NCSAM) to determine that both the stream channels and wetlands on the site were rated as low quality. Version 6.15.2017 Page 2 Essential Fish Habitat Pursuant to the Magnuson -Stevens Fishery Conservation and Management Act, this Public Notice initiates the Essential Fish Habitat (EFH) consultation requirements. The Corps' initial determination is that the proposed project would not effect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. Cultural Resources Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that: ❑ 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. Version 6.15.2017 Page 3 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 Corp s-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. ❑ 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. Version 6.15.2017 Page 4 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 April 29, 2019 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 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 Version 6.15.2017 Page 5 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, May 7, 2019. Comments should be submitted to Ms. Amanda Jones, Asheville Regulatory Field Office , 151 Patton Avenue, Room 208, Asheville, North Carolina 28801-5006, at (828) 271-7980 extension 4225. 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