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HomeMy WebLinkAbout20110931 Ver 1_Public Notice_201205041E31 US Army Corps Of Engineers Wilmington District �( -01-�(V 0 PUBLIC NOTICE R4 4 2012 811E Issue Date April, 30, 220 Comment Deadline May 30 2012 Corps Action ID No SAW 2005 9988695 TIP Project No U 3810 The Wilmington District, Corps of Engineers (Corps) has received an application from the North Carolina Department of Transportation (NCDOT) seeking Department of the Army authorization to discharge dredged or fill material into waters and wetlands adjacent to Northeast Creek Little Northeast Creek Poplar Creek Mott Creek and their tributaries to widen SR 1406 (Piney Green Road) from NC 24 to US 17 in Onslow County Transportation Improvement Protect (TIP) U -3810 Specific information regarding the project is provided below and shown on the attached plans This Public Notice and more detailed plan sheets are also available on the Wilmington District Web Site at www saw usace army mil/wetlands Applicant Gregory J Thorpe PhD Environmental Management Director PDEA NC Department of Transportation 1598 Mail Service Center Raleigh, NC 27699 1598 Authority The Corps will evaluate this application and a 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 proposed project R 2633 involves a the widening of Piney Green Rd from a two lane to a four lane, median divided curb and gutter facility for a distance of 6 6 miles Piney Green Rd is located within Jacksonville and connects US 17 (Marines Blvd) from the north and terminates south into NC 24 across from an existing USMC — Camp Lejeune Base entrance The road can be physically located at 34 7750 N and 77 3610 W The project is located in the White Oak River Basin and lies within Hydrologic Unit 03030001 (Subbasm 03 05 02) Background The Federal Highway Administration (FHWA) and NCDOT completed an Environmental Assessment (EA) in July 2007 in compliance with the NEPA guidelines The EA explains the purpose and need for the project, provides a description of the alternatives considered and characterizes the social, economic, and environmental effects The EA was approved and circulated to federal, state, and local agencies Following the EA a Finding of No Significant Impact (FONSI) Statement was completed September 2008 Applicant's Stated Purpose We agree with the applicants stated purpose for the project to improve traffic flow and safety on Piney Green Road between NC 24 (Lejeune Blvd ) and US 17 (Marine Blvd) in Jacksonville, Onslow County Some of the stated needs to be addressed by this project included traffic capacity and safety The current facility operates at a lower than desired level of service and has a higher that statewide average accident rates as compared to similar rural and urban roadways Project Description The NCDOT proposes to widen SR 1406 (Piney Green Road) from NC 24 (Lejeune Blvd) to US 17 from a two lane to a four -lane median divided curb and gutter facility for a total distance of 6 6 miles Summary of Impacts Impact summary sheet attached Waters of the U S The widening project will involve permanent impacts temporary impacts and hand clearing impacts Proposed permanent impacts for U 3810 include fill, excavation, and mechanized clearing in 2 54 acres of riparian wetlands Proposed permanent impacts to surface waters are 1,140 linear feet and stream bank stabilization of 309 linear feet There will be 227 linear feet of temporary impacts to surface water due to bridge construction and pipe installations In addition there will be 0 07 acre of temporary excavation in the wetlands for the on -site mitigation Finally there will be 0 07 acre of hand clearing in jurisdictional wetlands for project construction To date, utility impacts from relocations have not required Corps authorization Avoidance and Minimization 2 Statewide NCDOT employs many strategies to avoid and minimize impacts to jurisdictional areas in all its designs Many of these strategies have been incorporated into BMP documents that have been reviewed and approved by the resource agencies and which will be followed throughout construction Some of the avoidance and minimization items utilized on this project are All wetlands will receive diffused flow An in stream work moratorium of February 15 to June 15 will be implemented for Northeast Creek Poplar Creek and Little Northeast Creek for anadromous fish species Bridge will be constructed using top down construction A pipe is proposed connecting structure 335 to 336 which will eliminate the possible drainage effect from the original proposed ditch in wetlands Bank stabilization measures will not result in a loss of stream channel 3 1 slopes will be utilized in jurisdictional areas On -Site Mitigation Mitigation plan attached On site mitigation opportunities have been evaluated and are being pursued as part of this project NCDOT proposes to perform on site mitigation along Little Northeast Creek east of the roadway from Sta. 222 +68 to 233 +71 50 NCDOT proposes to restore approximately 105 acres of riverme wetland and preserve 7 87 acres of riverme swamp forest within the floodplam of Little Northeast Creek Compensation Once the on site mitigation has been executed the remaining balance of compensatory mitigation needs will come from the North Carolina Ecosystem Enhancement Program ( NCEEP) The ratio of compensation will be determined during permit review The NCEEP acceptance letter has been received in this office ** More detailed plans can be viewed on the Corps website www saw usace army mil/wetlands or requested from the Corps Protect Manager, Brad Shaver at (910) 251 -4611 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 in the NCDWQ Central Office in Raleigh serves as application to the NCDWQ for 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 3 Office Additional information regarding the Clean Water Act certification may be reviewed at the NCDWQ Central Office 401 Transportation Permitting Unit 512 N Salisbury Street Archdale Building Raleigh North Carolina 27604 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 Mr David Wainwright by May 30 2012 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 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 In April of 2005 the State Historic Preservation Office (SHPO) determined that it is unlikely that any archaeological resources that may be eligible for inclusion in the National Register of Historic Places will be affected by the project They therefore recommended that no archaeological investigation be conducted in connection with this project Endangered Species Suitable habitat for four Federally protected species Shortnose sturgeon (Acipenser brevirostrum) American Alligator (Alligator mississippiensis) Pondberry (Lindera melissifolia) and West Indian Manatee (Trichechus manatus) is present within the project study corridors The current biological conclusion for these species is No effect except for the West Indian manatee which is 'May Affect Not Likely to Adversely Affect 0 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 is soliciting comments from the public Federal State and local agencies and officials, 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 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 30, 2012 Comments should be submitted to Mr Brad Shaver US Army Corps of Engineers Wilmington Regulatory Field Office 69 Darlington Ave Wilmington 28403 1343 5 On site Mitigation Plan SR 1406 (Piney Green Road) from NC 24 to US 17 Jacksonville, Onslow County, North Carolina T I P Number U -3810 WBS No 3580111 February 7, 2012 10 BASELINE INFORMATION The North Carolina Department of Transportation (NCDOT) will perform on site mitigation for unavoidable jurisdictional impacts associated with Transportation Improvement Program (TIP) U 3810, the widening of SR 1406, Piney Green Road from NC 24 to US 17 The onsite mitigation site will provide for 105 acres of riparian wetland restoration and 7 87 acres of riparian wetland preservation The site is located within USGS Hydrologic Cataloging Unit 03030001 and NC Division of Water Quality ( NCDWQ) sub -basin 03 -05 -02 of the White Oak River Basin The site is located immediately east of SR 1406, Piney Green Road in Jacksonville Onslow County on land that is entirely owned by the North Carolina Department of Transportation Adjacent land uses are mainly residential with scattered commercial zones, fragmented forests, and large riparian forest systems on both sides of Piney Green Road Two jurisdictional features are associated with the roadway project area Little Northeast Creek, which is a 303(d) listed tnbutary of Northeast Creek, and the adjacent Cypress Gum Swamp community located within the floodplain of Little Northeast Creek Little Northeast Creek has been assigned Stream Index Number 19 -16 -2 with a classification of C, NSW The Cypress Gum Swamp community (Wetland #5 in the NRTR) has a NCDWQ rating of 93 It is classified as a nvenne swamp forest according to the NC Wetland Assessment Method The U -3810 Natural Resources Technical Report dated January 2006 provides further details concerning existing roadway and project study area conditions 2 0 SITE SELECTION The mitigation site is immediately adjacent to a section of Piney Green Road that will be widened for the proposed TIP U 3810, east of roadway -L- Sta 222 +68 to 233 +71 50 Currently the site is characterized in the Natural Resource Technical Report as a maintained/disturbed upland community The site consists of old fill in an area that was previously cypress gum swamp wetland The fill varies in depth from 1 to 5 feet and extends out to the bank of a tributary to Little Northeast Creek A Dual Utility Easement (DUE) containing both overhead power lines and a sewer line runs parallel to Piney Green Road and crosses the westernmost portion of the mitigation site 3 0 SITE PROTECTION INSTRUMENT The mitigation site is located within the NCDOT Right -of Way for the project It will be managed to prohibit all use inconsistent with its use as mitigation property, including any activity that would materially alter the biological integrity or functional and educational value of the site, consistent with the mitigation plan The site is designated on the plan sheets as a mitigation area and will placed on the Natural Environment Section's Mitigation GeoDatabase This database is provided to all NCDOT personnel as a record of mitigation sites and their attributes, including prohibited activities NCDOT is held by virtue of the permit associated with this mitigation site and the associated roadway impacts to protect the site in perpetuity 4 0 OBJECTIVES The goal of the proposed onsrte mitigation is to offset impacts due to construction of U 3810 by restoring the adjacent wetland system to its natural conditions This will be achieved through restoration of 1 05 acres and preservation of 7 87 acres of riparian wetland in the floodplain of Little Northeast Creek 5 0 MITIGATION WORK PLAN The site will be constructed in conjunction with the construction of U -3810 The restoration of the wetland area will be accomplished via excavation of the fill material out to the bank of the tributary of Little Northeast Creek The site will be graded to match the target elevations in the adjacent wetland Approximately 0 91 acres of the 105 acre restoration area will be reforested to match the existing species composition of the adjacent rnvenne swamp forest preservation area The area will be planted at a density of 680 stems per acres of bare root seedlings of a mixture of swamp tupelo (Nyssa sylvatica var biflora) bald cypress (Taxodium distichum), green ash (Fraxinus pennsylvanica) water tupelo (Nyssa aquatic) and tulip poplar (Liriodendron tuliptfera) The northern bank of the tributary to Little Northeast Creek will be planted on three foot centers with live stakes of silky dogwood (Corpus amomum) and black willow (Salix nigra) This area is represented by cross hatching on the attached figure The remaining 0 14 acres of the restoration area is within the DUE This area represented by diagonal hatch on the attached figure, will be seeded using a native wetland seed mix typical of a non -tidal freshwater marsh No work will be performed within the 7 87 acre riverine swamp forest preservation area See the attached figure for the specific locations of each mitigation area The Natural Environment Unit shall be contacted to provide construction assistance to ensure that the mitigation areas are constructed appropriately An as built report will be submitted within 60 days of completion of the project 6 0 PERFORMANCE STANDARDS Success for vegetation monitoring within the restoration area is based on the survival of planted woody vegetation and coverage of seeded herbaceous vegetation NEU will be contacted during construction to provide oversight and ensure that the site is graded to match the existing, adjacent reference wetland elevation Upon successful completion of construction, the following monitoring strategies are proposed for the mitigation site NCDOT will document monitoring activities on the site in an annual report distributed to the regulatory agencies 7 0 MONITORING REQUIREMENTS No specific hydrological monitoring is proposed for the wetland restoration area The target elevation is based on the reference wetland areas and will be venfied during construction Constructing the site at the adjacent wetland elevation will ensure the hydrology in the restored area is similar to the hydrology in the reference area NCDOT shall monitor the restoration area by visual observation and photo points for seedling survival and aerial cover of vegetation NCDOT shall monitor the site for a minimum of three years or until the site is deemed successful Monitoring will be initiated upon completion of the site planting 8 0 OTHER INFORMATION None 9 0 DETERMINATION OF CREDITS Based on field and meeting discussions with agency representatives and per the NCDOT plans and 401/404 permit application for U 3810 NCDOT proposes the following riparian wetland mitigation and ratios for the site 0 91 acres of riverme swamp forest restoration at 1 1 ratio (0 91), 0 14 acres of non tidal freshwater marsh at 2 1 ratio (0 07) and 7 87 acres of nverme swamp at a 10 1 ratio ( 78) An as -built report will be submitted within 60 days of completion of the each mitigation site to verify actual mitigation areas constructed and planted The success of the mitigation areas and determination of final credits will be based upon successful completion and closeout of the monitoring period 9 1 CREDIT RELEASE SCHEDULE NCDOT proposes immediate, full release of the proposed mitigation as on site mitigation for unavoidable impacts associated with U 3810 10 0 GEOGRAPHIC SERVICE AREA The proposed Geographic Service Area (GSA) for the mitigation area is composed of the 8 digit Hydrologic Cataloging Unit (HUC) 03030001 110 MAINTENANCE PLAN The site will be held by NCDOT and placed on the NEU mitigation geodatabase Once monitoring is completed and the site is closed out it will be placed in the NCDOT Stewardship Program for long term maintenance and protection If an appropriate third party recipient is identified in the future, then the transfer of the property will include a conservation easement or other measure to protect the natural features and mitigation value of the site in perpetuity 12 0 LONG TERM ADAPTIVE MANAGEMENT PLAN The site will be managed by the NCDOT according to the mitigation plan Encroachments into the area will be investigated and appropriate measures taken to minimize any negative effects In the event that unforeseen issues arise that affect the management of the site any remediation will be addressed by NCDOT in coordination with 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