HomeMy WebLinkAbout20190288 Ver 1_SAW-2018-02144-PN_20190409Issue Date: April 9, 2019
Comment Deadline: April 23, 2019
Corps Action ID Number: SAW -2018-02144
The Wilmington District, Corps of Engineers (Corps) received a request from the Town of Beech
Mountain seeking Department of the Army authorization to modify a minimum flow release
permit condition of a previously issued standard permit which authorized the construction of the
Buckeye Reservoir, in Beech Mountain in Watauga 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:
AGENT (if applicable):
Authority
Town of Beech Mountain
Mr. Tim Holloman
503 Beech Mtn. Parkway
Banner Elk, North Carolina 28604
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: Buckeye Reservoir, 1400 Pine Ridge Road, Beech Mountain, NC 28604-
8012
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Project Area (acres): 13.5 Nearest Town: Beech Mountain
Nearest Waterway: Buckeye Creek River Basin: French Broad/Holston
Latitude and Longitude: 36.218598 N, - 81.906699 W
Existing Site Conditions
The site is comprised of an existing water supply impoundment that was constructed in the late
1980's. The lake serves as the Town of Beech Mountain's main water supply and was originally
permitted through the issuance of a Department of the Army permit in 1984. The lake is
currently adjacent to the water treatment plant with the remainder of adjacent properties being
wooded.
Applicant's Stated Purpose
The purpose of this request is to modify previous permit conditions regarding the maintenance of
downstream flows in Buckeye Creek. Throughout the history of the project, the applicant has
been unable to release and maintain the flow requirements listed in the permit conditions. The
applicant is requesting to modify the previously issued permit to allow for a more practicable and
adaptive management release schedule given the Town's current water supply needs and inflows
from Buckeye Creek.
Project Description
The applicant has been unable to maintain the previously required downstream flows due to the
combination of several factors including the Buckeye Creek inflow, the Town's water supply
needs, the Town's water system losses and drought conditions. The revised permit conditions
will be based on Low -Flow and High -Flow conditions of Buckeye Creek upstream of the
reservoir. Low -Flow conditions of the stream are defined as flow that is less than 1.0 cubic feet
per second (cfs). High -Flow conditions are defined as flow that is more than 1.0 cfs. The Low -
Flow value of 1.0 cfs represents the estimated 7Q10 discharge entering the lake. 7Q10 is defined
as the minimum seven day average flow rate that occurs with an average frequency of once in
ten years as published by the United States Geological Survey (USGS) or an estimate
extrapolated from published or verified USGS data. The applicant requests that the following
conditions be used to replace the previous conditions:
1. Inflow to the reservoir will be continuously measured using a stream flow gauge station
upstream of the reservoir.
2. During Low -Flow conditions, stream flow downstream of the reservoir will be
maintained to match inflow by adjusting the outflow gate valve.
3. During High -Flow conditions, stream flow downstream of the reservoir will be
maintained at 1.0 cfs or higher.
Additional permit conditions will include the requirement that two stream flow gauge stations be
installed, maintained and monitored to be able to adjust flows accordingly. Another permit
condition will require that the existing dam be retrofitted with a mechanized valve and gate as
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well. As noted by the applicant, any flow in excess of the 7Q10 will be stored for drinking water
supply in the reservoir. Once the reservoir is at capacity, outflow will match inflow by adjusting
the dam gate valve or releasing water over the spillway.
Avoidance and Minimization
The applicant is attempting to avoid and minimize impacts to downstream waters through more
deliberate and controlled mechanisms (gauge stations and mechanized valve gates) so that the
reservoir can supply the downstream portion of Buckeye Creek with the water necessary to
mimic more natural flow conditions despite the operation of a water -supply impoundment on
Buckeye Creek.
Compensatory Mitigation
There is no compensatory mitigation required due to the nature of this request (i.e. modification
to previously issued permit conditions) and since there are no direct impacts to waters of U.S.
associated with this request.
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).
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❑ 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
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
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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 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 23, 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,
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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 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, April 23, 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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