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HomeMy WebLinkAbout20110136 Ver 1_More Info Received_20060310.,0 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION "8;',`0yQ , , MICHAEL F. EASLEY GOVERNOR SECRETARY March 3, 2006 MAR 1 4 2006 Mr. Richard Spencer, Transportation Project Manager Department of the Army; Corps of Engineers P.O. Box 1890 Wilmington, N.C. 28402-1890 Dear Mr. Spencer: Ifl, �u SUBJECT: Section 404 - N.E.P.A. Merger Process Application for a Department of the Army (DOA) Permit pursuant to Section 404 of the Clean Water Act TO DISCHARGE DREDGED OR FILL MATERIAL INTO WATERS OF THE UNITED STATES TO CONSTRUCT the proposed NC 211 Improvements from NC 73 in West End to the traffic circle in Pinehurst, Moore County State Project Number 8.1560601 T.I.P. Project Number R-2812 The following application, including separate attachments for (1) ENG Form 4345 and (2) mailing list (labels) is submitted for your consideration. As you are aware, this project was selected for treatment under the "merger" process. At this juncture, the Regulatory Division has provided concurrence with Purpose and Need, and the selection of Detailed Study Alternatives. A Environmental Assessment (EA) was approved on October 28, 2005 and circulated for review. Please issue your public notice at the earliest opportunity so that we can jointly proceed toward selecting the LEDPA (least environmentally damaging, practicable alternative which meets the purpose and need of the project) following analysis of public input. Once the LEDPA is selected and approved, efforts will be undertaken to further minimize impacts to wetlands and streams in the LEDPA corridor and to propose suitable compensatory mitigation to offset unavoidable impacts. The following information is a summary of relevant project details and is being provided to assist in the Section 404 regulatory review of the project. Please note that more detailed information is available in the EA. MAILING ADDRESS: TELEPHONE: 919-733-3141 LOCATION: NC DEPAHTMENT OF TRANSPORTATION FAX: 919-733-9794 TRANSPORTAVON BUILDING PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET 1548 MAIL SERVICE CENTER WEBSITE, WWW.D0H,00T.STATE.NC.US RALEIGH NC RALEIGH NC 27699.1548 GENERAL DESCRIPTION OF PROJECT The North Carolina Department of Transportation ( NCDOT) proposes to improve NC 211 in Moore County. The project begins at NC 73 in West End and terminates at the traffic circle in Pinehurst located in Moore County. The length of the proposed project is 7.2 miles. NC 211 is identified as a major thoroughfare in the Southern Pines Aberdeen Pinehurst Thoroughfare Plan. Improvements to NC 211 are federally funded. Project Number R -2812 is included in NCDOT's latest approved Transportation Improvement Program (TIP). Right of way acquisition is scheduled in the 2006 -2012 TIP for federal fiscal year 2007 and construction is scheduled to begin in federal fiscal year 2009. The estimated cost of right of way and construction listed in the TIP for the proposed action is $26,648,000. PURPOSE AND NEED The purpose of the proposed project is to improve the level of safety along NC 211 and to improve the traffic carrying capacity of the roadway to meet the needs of existing and anticipated development in the project area. Traffic Capacity - Year 2025 No -Build conditions in the year 2025 assume that NC 211 improvements will not be constructed. By the year 2025, average daily traffic volumes are expected to increase to 16,500 vehicles per day near NC 73 West and to 20,500 vehicles per day near the traffic circle in Pinehurst, resulting in Level of Service E conditions. The Build condition widens the existing two -lane NC 211 to a four -lane divided facility with either curb and gutter, grassed shoulders, or a combination of both. Widening NC 211 increases capacity to Level of Service B conditions in the year 2025. Roadway Deficiencies The existing design along NC 211 within the project area has one (1) significant design deficiency according to current NCDOT design practices. The design deficiency notable throughout the proposed project area is with the existing vertical alignment. The proposed action will improve the vertical alignment. System Linkage NC 211 is a major east -west connector for Moore County. Its western terminus is with US 220A, in neighboring Montgomery County, which is part of the proposed 1 -73174 corridor in North Carolina. In the east, NC 211 provides a vital link between the western portion of Moore County and the destinations of Pinehurst, Southern Pines, and Aberdeen in the eastern part of Moore County, along with the north -south corridors of US 15 -501 and US 1. ALTERNATIVES CONSIDERED Two broad range alternatives were considered for the proposed project. The alternatives include the No -Build Alternative, and Build Alternative. The No -Build Alternative does not increase capacity or correct existing roadway deficiencies along NC 211. Since the No -Build Alternative does not address the purpose and need, it is not recommended. The Build Alternative contains one roadway improvement option along NC 211, identified as the "Best Fit Alternate ". The "Best Fit" alternative proposes to widen NC 211 to a multilane facility from NC 73 in West End to the traffic circle in Pinehurst. This improvement option generally follows the existing alignment of NC 211 to minimize impacts to the human and natural environments. The location of this alignment was approved by the Merger Team during the concurrence process. Typical Section Two typical section alternatives were studied; a four -lane median divided facility with curb and gutter, and a four -lane median divided facility with grass shoulders. The curb and gutter alternative will require approximately 100 feet of right of way. The grass shoulder alternative will require approximately 150 feet of right of way. Table 1 contains a summary of the quantifiable impacts associated with the proposed action (Best Fit Alternate). HUMAN ENVIRONMENT Relocation Impacts The proposed action could displace up to 14 residences and 3 businesses. Historic Architectural Resources NCDOT in consultation with the North Carolina State Historic Preservation Office (HPO) determined that two properties within the Area of Potential Effects (APE) — Property #15, Yadkin Road Marker #1 and Property #16, Yadkin Road Marker #2 — are eligible for the National Register of Historic Places.. The Yadkin Road Marker #1 is located in the southwest quadrant of the intersection of NC 211 and SR 1208 (Page Road) in Pinehurst and the Yadkin Road Marker #2 is located on the south side of NC 211, 3.8 miles east of NC 73 in West End, just west of the Pine Wild Subdivision. Both road markers are eligible, as objects, for the National Register of Historic Places under Criterion A, because they illustrate the national trend, centered on the sesquicentennial celebrations of 1926, to commemorate places of local historical interest. Both of these markers are located outside of the proposed right of way and are not anticipated to be impacted by the project. Table 1 Summary of Impacts Category Length Curb and Gutter (Alt. #1) 7.2 miles Grass Shoulder (Alt. #2) 7.2 miles Wetlands 1.00 acre ** 1.12 acre ** Stream 353 feet ** 399 feet ** Noise Receptors 14 14 Hazardous Material Sites 14 14 Prime Agricultural Lands 0 0 Forest 12.2 acre 8.1 acre Protected Species Historic Properties 1 0 1 0 4 (f) Properties 0 0 Churches 0 0 Schools 0 0 E.J. Communities 0 0 Air Quality No No Critical Water Supplies No No Relocatees (Residents) 13 14 Relocatees (Businesses) 1 3 * *Denotes a revision of the wetland and stream impacts since the completion of the environmental assessment. The revisions are a result of reviewing the latest proposed "curb and gutter" and "shoulder" section designs. Archaeological Resources This project complies with Section 106 of the National Historic Preservation Act of 1966, as amended, implemented by the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106. There are no known archaeological sites within the proposed project area. The State Historic Preservation Office ( SHPO) stated that it is unlikely that any archaeological resources, which may be eligible for inclusion in the National Register of Historic Places, will be affected by the proposed project. No archaeological investigation was recommended in connection with this project. Noise Impacts Fourteen noise receptors will be impacted by the proposed project. NATURAL ENVIRONMENT Waters of the United States "Waters of the United States" are impacted by the proposed action. Jurisdictional surface waters are located within the project study area. Three streams are crossed by NC 211 and would be affected the highway widening. All streams are located in the Cape Fear Basin in subbasin 14 (03- 0614). The three streams in the project study area include Joe's Fork (Index No. 18- 23 -3 -1), which is associated with Wetland -1, an unnamed tributary to Joe's Fork (UT -1) associated with Wetland -2 and Wetland -3 and Board Branch (DWQ Index No. 18- 23 -3 -1) which is associated with Wetland -4. All streams associated with this project empty into Joe's Fork. The noted streams meet the definition of surface waters and are classified as "Waters of the United States ". There will be potentially 399 linear feet of streams impacted and four (4) jurisdictional wetlands, totaling 1.12 acres, impacted by the proposed action. Figure 2 denotes stream and wetland locations. Hazardous Materials A "Limited Environmental Site Assessment" for the project area was conducted to identify areas of potential environmental concern, such as underground storage tanks (UST), above ground storage tanks (AST), hazardous waste sites, or similar problem sites. Fourteen (14) sites were identified that could pose environmental concerns for the proposed project. Of these, ten (10) were underground storage tank (UST) facilities, three (3) were other potentially contaminated properties, and one (1) a Superfund Site. The Superfund Site, Stanley Furniture, is currently being monitored by an outside environmental firm. There are no regulated or unregulated landfills or dumpsites within the project limits. Federally Protected Species Table 2 shows the four (4) federally protected species listed for Moore County. Table 2 Federally Protected Species Listed for Moore County Common Name Scientific Name Federal Status* Biological Conclusion Cape Fear Shiner Notro is mekistocholas E No Effect Red - cockaded woodpecker p Picoides borealis E May Affect, Not Likely to Adversely ** Affect Michaux's sumac Rhus michauxii E No Effect American chaffseed Schwalbea americans J E No Effect *E - Endangered, T - Threatened, T(S /A) - Threatened due to similarity of appearance. * *Red - cockaded woodpecker (RCW) habitat was found on private lands throughout the corridor and two active RCW clusters occur within one half mile of the project site. The project will remove foraging habitat associated with these two RCW clusters. The amount of habitat remaining after project impacts are above the minimum forage totals presented in the 2003 Recovery Plan- Standard for Managed Stability. A Biological Assessment dated August 6, 2004 was submitted to the United States Fish and Wildlife Service (USFWS). The USFWS concurred in a letter, dated August 25, 2004 that this project may affect, but is not likely to adversely affect the RCW. Enclosed you will find a completed ENG form 4345 and mailing labels. This submittal is in accordance with step four of the guidelines for integrating project review under the National Environmental Policy Act and Section 404 of the Clean Water Act. This letter, along with the previously distributed EA, should provide sufficient information for the issuance of a Public Notice for the project. The hearing is scheduled for April 10, 2006. If you have any questions or need additional information, please contact Elmo E. Vance, Jr. at (919) 733 -7844 extension 263. Sincerely, C"" Gregory T. Thorpe, Ph.D. Environmental Management Director Project Development and Environmental Analysis CC: Mr. David Franklin, USAGE, Wilmington (Cover Letter Only) Mr. Brian Wrenn, NCDWQ (7 copies) Ms. Marla Chambers, NCWRC Mr. Chris Militscher, USEPA Ms. Gary Jordan, USFWS Mr. Ron Sechler, NMFS Mr. Jay Bennett, P.E:, Roadway Design Mr. Majed Al- Ghandour, Program Development Mr. Tim Johnson P.E., Division 8 Engineer Mr. Art McMillian, P.E., Highway Design Mr. David Chang, P.E., Hydraulics Mr. Greg Perfetti, P.E., Structure Design Mr. Mark Staley, Roadside Environmental Mr. Art King, Division 8 Environmental Supervisor Mr. Elmo Vance, PDEA APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APP OVAL NU. U11U -UUs (33 CFR 3251 Public reporting burden for this collection of information is estimated to average 10 hours per response, although the majority or applications snoula require 5 hours or less. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1244, Arlington, VA 22202 -4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710 -0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject 10 any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authority: Rivers and Harbors Act, Section 10, 33 USC 403: Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research and Sanctuaries Act, 33 USC 1413, Section 103. Principal Purpose: Information provided on this form will be used in evaluating the application for a permit. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies. Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS 1. APPLICATION N0. 2. FIELD OFFICE CODE 13. DATE RECEIVED 4. DATE APPLICATION COMPLETED (ITEMS BELOW TO BE F LLED BYAPPLICANT 5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE tan agent is not requiredI North Carolina Department of Transportation Project Development & Environmental Analysis 6. APPLICANT'S ADDRESS 1548 Mail Service Center Raleigh, NC 27699 -1548 7. APPLICANT'S PHONE NOS. WIAREA CODE a. Residence b. Business 919 - 733 -3141 9. AGENT'S ADDRESS 10. AGENT'S PHONE NOs. WIAREA CODE a. Residence b. Business l t. STATEMENT OF AUTHORIZATION I hereby authorize, to act in my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this permit application. APPLICANT'S SIGNATURE DATE NAME, LOCATION, AND DESCRIPTION OR PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (see instructions) NCDOT T.I.P. Project Number R -2812 (Federally Funded) NC 211 Improvements from NC 73 in West End to the traffic circle in Pinehurst, Moore Count 13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS (if applicable) Joes Fork, Joes Fork (UT -1) and Board Branch 15. LOCATION OF PROJECT COUNTY STATE Moore County NC 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) NC 211 Moore County 17. DIRECTIONS TO THE SITE Please see attached vicinity map and cover letter. 18. Nature of Activity (loescriplion of project, include all features) Township, Range, LatlLOn, andlor Accessors's Parcel Number, for example. Improve two -lane INC 211 to a four -lane median divided facility between NC 73 in West End and the traffic circle in Pinehurst. The proposed improvements will impact wetlands and streams. ENG FORM 4345, Jul 97 EDITION OF FEB 94 IS OBSOLETE (Proponent CECW -OR) 1 g. Project Purpose tDescnbe the reason or purpose of the project, see instructions) The improvements will add capacity, correct roadway deficiencies, and provide system linkage along NC 211. USE BLOCKS 20 -22 IF DREDGED ANDIOR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge Construction of the NC 211 improvements will result in roadway fill in wetlands and surface waters. 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards Fill from roadway 22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions) See Merger Permit Application Letter 23. Is Any Portion of the Work Already Complete? Yes_ No _X_ IF YES, DESCRIBE THE COMPLETED WORK 24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody 0r more than ran be entered here, please attach a supplemental list See attached mailing labels. 25. List of Certifications TYPE APPROVAL 'De IDENTIFICATION NUMBER Federal, State, ATE APPLIADgenciDATE APPROVEDed in ATE DENIED Application. Would include but is not restricted to zoning, building, and flood plain permits 26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant. SIGNATURE OF APPL CAlft DATE SIGNATURE OF AGENT DATE The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorjzed agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. ENG FORiN 4345, Jul 97 EDITION OF FEB 94 IS OBSOLETE (Proponent: CECW -OR) NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS BRANCH Pinehurst NC 211 from NC 73 in West End to east of SR 1208 in Pinehurst Moore County TIP Project No. R -2812 IFIGURE I j