DISCLAIMER: Please download the attached PDF version of this notice for complete information, proper formatting, and inclusion of tables and figures.
PUBLIC NOTICE
Issue Date: October 9, 2015
Comment Deadline: November 10, 2015
Corps Action ID Number: SAW-2005-01340
The Wilmington District, Corps of Engineers (Corps) received an application from Fort Bragg-Directorate of Public Works, seeking Department of the Army authorization to discharge dredged or fill material into waters of the United States, associated with the construction of the 21st Special Tactics Squadron (STS) operations facilities, in Fort Bragg, Cumberland 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:
United States of America
Department of the Army
Attn: Mr. Gregory Bean
Directorate of Public Works
2175 Reilly Road, Stop A
Fort Bragg, North Carolina 28310
AGENT (if applicable):
USACE-Wilmington District-ECP-PE
Attn: Ms. Teresa Bullard
69 Darlington Avenue
Wilmington, North Carolina 28403
Authority
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:
X - 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
Directions to Site: The project site is located east of Gena Street, and southwest of Interceptor
Road, on Pope Army Airfield, in Fort Bragg, North Carolina.
Project Area (acres): 4.5 acres Nearest Town: Fort Bragg
Nearest Waterway: Tank Creek River Basin: 03030004 Cape Fear
Latitude and Longitude: 35.167332N, -79.00678W
Existing Site Conditions
The project site is located within the Sandhills physiographic region of North Carolina. The
property is located at Fort Bragg, North Carolina on the old Pope Air Force Base which has now
transitioned to the Army and been renamed Pope Army Airfield. The project area is approximately
4.5 acres located east of Gena Street and southwest of Interceptor Road. The property is currently
undeveloped and contains mixed hardwood and pine forest. The project area is located within the
Cape Fear River Basin (USGS Hydrologic Unit 03030004). Water resources within the project area
include 1.37 acres of jurisdictional 404 wetlands that directly abut ~500 ft of perennial stream
(unnamed tributary to Tank Creek). The site contains distinct elevation breaks between the upland
and the wetland. The upland portion of the site, situated along the northern portion of the
property, sits at ~240 feet above Mean Sea Level (MSL); while elevations within the wetland area
are around 220 feet above MSL. Soils within the project area are mapped by the Soil Survey of
Cumberland and Hoke Counties, North Carolina (USDA, 1984) as Wagram (WaB), a loamy sand. The
hydrologic regime is predominately driven by groundwater and stormwater runoff being directed onto
the site by roadside ditches.
Dominant overstory vegetation species present within the riparian wetland area along the perennial
stream include: red bay (Persea borbonia), red maple (Acer rubrum), loblolly pine (Pinus taeda),
and tag alder (Alnus serrulata). The understory riparian vegetation includes: cinnamon fern
(Osmunda cinnamomea), netted chain fern (Woodwardia areolata), poison ivy (Toxicodendron radicans),
and switchcane (Arundinaria tecta).
Upland vegetation within the project area consists of an overstory of chestnut oak (Quercus montana
Willd.), red maple, loblolly pine, and Sweet gum (Liquidambar styraciflua). The upland understory
vegetation is dominated by inkberry (Ilex glabra), Virginia creeper (Parthenocissus quinquefolia)
and poison ivy.
Applicant’s Stated Purpose
To create a Special Tactics Squadron (STS) operations facilities area on Pope Army Airfield that
will satisfy the need for training facilities to the growing Air Force unit.
Project Description
Construction of three Special Tactics Squadron (STS) operations facilities (small arms range, human
performance training center with covered scuba rinse/drying area and storage, and special tactics
team building) and associated asphalt parking areas, sidewalks, retaining wall and storm water
retention areas. Construction of these buildings and associated features will require the site to
be cleared of existing vegetation, filled to desired elevation and graded. Discharge of fill dirt
into the 0.65 acre of wetland will be to bring the elevation of the project site to a grade that is
level so that three buildings, associated parking areas, stormwater features, retaining wall and
sidewalks can be constructed.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or minimize
impacts to the aquatic environment: The three buildings and parking layout have been
redesigned/reconfigured to reduce the proposed permanent wetland fill impact from 0.91 acre to
approximately 0.65 acre. The project avoids wetland impacts where possible by positioning buildings
and parking facilities or the northern portion of the parcel, and utilizes the maximum amount of
high ground available.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable functional
loss to the aquatic environment: The applicant proposes to provide compensatory mitigation for
unavoidable impacts through payment into the state In-Lieu Fee Program managed by the North
Carolina Division of Mitigation Services (NC DMS) at a 2:1 ratio.
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.
X - 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-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:
X - 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 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 November 10, 2015 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.
X - 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 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.
The Corps of Engineers, Wilmington District will receive written comments pertinent to the proposed
work, as outlined above, until 5pm, November 10, 2015. Comments should be submitted to Ms. Liz
Hair, Wilmington Regulatory Field Office, 69 Darlington
Avenue, Wilmington, North Carolina, at (910) 251-4049.
DISCLAIMER: Please download the attached PDF version of this notice for complete information, proper formatting, and inclusion of tables and figures.