20201194 Ver 1_SAW-2018-01012-PN_20201021

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US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: October 19, 2020
Comment Deadline: November 19, 2020
Corps Action ID Number SAW-2018-01012
TIP Project Number. R-5777-AB
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 permanently impact 3.59 acres of wetlands and 1,321 feet of
permanent stream impacts, 0.15 acre of hand clearing and 0.08 acres of temporary
excavation for utilities associated with 4.46 miles of proposed improvements to US 70 in
James City, Craven County,North Carolina. (TIP No. U-5713/R-5777A&B).
Specific location information is described below and shown on the attached plans. This
Public Notice and all attached plans are also available on the Wilmington District Web
Site:
https://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Public-Notices/
**Viewing the on-line version will better display color and grant the ability to view
exploded views.
Applicant: North Carolina Department of Transportation(NCDOT)
Mr. Preston Hunter, PE, Division Engineer
105 Pactolus Hwy 33,
Greenville,NC 27834.
Authority
The Corps will evaluate this application and decide whether to issue, conditionally issue,
or deny the proposed work pursuant to applicable procedures of the following Statutory
Authorities:
N Section 404 of the Clean Water Act(33 U.S.C. 1344)
n Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)
n Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972
(33 U.S.C. 1413)
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The Federal Highway Administration (FHWA) is lead federal agency. A Type III
Categorical Exclusion (CE) was approved on July 2, 2018 for the combined U-5713/R-
5777A&B project. An update to the CE was provided through a Project Environmental
Consultation and was submitted to FHWA for final review and signature on August 31,
2020 and was signed on September 3, 2020.
Location
NCDOT has proposed the widening and improvements of existing US 70 in Craven
County between the Eastern Approach of the Neuse River Bridge and approximately one
mile east of S.R. 1116 (Thurman Road) for a total of 4.46 miles.
Figure 1. Vicinity Map
SAW-2017-01012 times Clt;r
R-2557-AB/U-5713
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Existing Site Conditions
The project is in the Neuse River Basin {Hydrologic Unit Code (HUC) 03020204}. The
project crosses numerous streams, unnamed tributaries, and wetlands. Drainages within
the northern part of the project study area are part of the Northwest Creek-Neuse River
sub-watershed and drainages in the southern part of the project study area are part of the
Outlet Brice Creek sub-watershed.
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There are no Outstanding Resource Waters (ORW), High Quality Waters (HQW), WS-I
waters, or WS-II waters within 12 miles upstream or downstream of the project study
area. No stream that flows through the project study area is designated as a National Wild
and Scenic River or a State Natural and Scenic River.
Applicant's Stated Purpose
The purpose of the proposed action is to improve the US 70/Future I-42 corridor, with
the intent to improve regional mobility and provide better connectivity between Raleigh
and the seaport at Morehead City, as well as to the military bases in Havelock and
Goldsboro and to the Global Transpark in Kinston.
Project Description
In order to meet the stated purpose and need of the project, NCDOT proposes to add two
additional travel lanes (one in each direction) along US 70 from Garner Road (SR 1121)
to the Neuse River bridge. The project would build interchanges to provide full access to
US 70 at Grantham Road (SR 1124), Airport Road, Williams Road (SR 1167), Thurman
Road (SR 1116) and Taberna Way (SR 1922). The project would construct new
connecting roads to extend Taberna Way and Day Star Lane on new location between US
70 and Old Cherry Point Road (SR 1113). The rail spur that crosses US 70 at grade
between Williams Road and the Neuse River bridge will be removed as part of this
improvement project. Control of access will be maintained along US 70 throughout the
project length. Additionally, the project will provide wider paved shoulders or wider
outside travel lanes on several service roads to accommodate cyclists and sidewalks along
several cross streets that currently lack these facilities.
Proposed permanent impacts to jurisdictional areas total 3.59 acres of permanent wetland
impacts. There will be 1,565 linear feet of permanent stream impacts (including 419 feet
of intermittent streams and 1,146 of perennial streams), 244 feet of permanent stream
impact is due to bank stabilization. Additionally, there will be 0.02 acre of permanent
surface water impacts to tributaries. There will be a total of 3.59 acres of permanent
wetland impacts and 1,321 feet of permanent stream impacts that will require mitigation.
Additionally, there will be 0.15 acre of hand clearing and 0.08 acre temporary excavation
for utilities. Project construction will entail the relocation of various utilities.
Underground utilities that cross features and are not accounted for at an impact site will
be installed through trenchless installation methods in order to not impact these features.
Federally Threatened and Endangered Species
The United States Fish and Wildlife Service (USFWS) and National Marine Fisheries
Service (NMFS) list 16 federally protected species for Craven County as of the
September 20, 2019 listing in Table 1. Federally Protected Species Listed for Craven
County.
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Table 1. Federally Protected Species in Craven County
Scientific Name Common Name Federal Habitat Biological
Status Conclusion
Alligator mississinniensis American alligator T(S/A) Yes No Effect
Chelonia mvdas Green sea turtle T No No Effect
Dermochelvs coriacea Leatherback sea turtle E No No Effect
Mvotis septentrionalis Northern long eared bat T Yes MALAA
Necturus lewisi Neuse River waterdog PT Yes MANLAA
Noturus furiosus Carolina Madtom PE Yes MANLAA
Picoides borealis Red-cockaded E No No Effect
woodpecker
Calidris canutus rufa Red knot T No No Effect
Acipenser oxyrinchus Atlantic Sturgeon E Yes No Effect
Trichechus manatus West Indian manatee E Yes No Effect
Lvsimachia Rough-leaved loosestrife E No No Effect
asoerulaefolia
Aeschvnomene virginica Sensitive joint vetch T No No Effect
E = Endangered, T = Threatened, T(S/A) = Threatened (Similarity of Appearance), T = Threatened,
P=Proposed; MANLAA= May Affect,Not Likely to Adversely Affect, MALAA= May Affect, Likely to
Adversely Affect
Biological Conclusions for ESA Listed Species
The CE addressed the analysis of potential effects on federally protected species. Since
the CE was approved several species have been listed in Craven County, or are currently
proposed for listing in Craven County, or within the watershed, including Neuse River
waterdog, Carolina madtom, black rail, shortnose sturgeon, and green sea turtle. It was
determined that the project will have No Effect on all the species listed except for
northern long-eared bat (NLEB) which had a biological conclusion of May Affect, Likely
to Adversely Affect (MA-LAA) and Neuse River Waterdog and Carolina Madtom which
had a biological conclusion of May Affect,Not Likely to Adversely Affect(MA-NLAA).
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The USFWS has developed a Programmatic Biological Opinion (PBO) in conjunction
with the FHWA, the Corps, and NCDOT for the NLEB in eastern North Carolina. The
PBO covers the entire NCDOT program in Divisions 1-8, including all NCDOT projects
and activities. The programmatic determination for NLEB for the NCDOT program is
MA-LAA. The PBO provides incidental take coverage for NLEB and will ensure
compliance with Section 7 of the Endangered Species Act for five years for all NCDOT
projects with a federal nexus in Divisions 1-8, which includes Craven County, the
location of U-5713/R-5777A&B. This level of incidental take is authorized from the
effective date of a final listing determination through December 31, 2020 (the USFWS,
FHWA, Corps, and NCDOT are coordinating to reinitiate Section 7 to extend the PBO
beyond this date).
Currently the Neuse River waterdog is listed as Proposed Threatened in Craven County.
A Neuse River Waterdog Survey Report was completed for these projects in March 2020.
Based on the survey results, a Biological Conference Conclusion of May Affect, Not
Likely to Adversely Affect was rendered for this species. Due to this MA-NLAA
designation, a request for informal Section 7 concurrence for Neuse River waterdog was
submitted to USFWS by NCDOT on August 26, 2020. USFWS concurred with the
Biological Conclusion in a response dated August 26, 2020.
Anadromous Species
No streams are subject to the anadromous fish construction moratorium within the
proposed project.
Cultural Resources
During the FHWA CE documentation, it was determined that no properties listed in or
eligible for listing in the National Register of Historic Places (NRHP) will be impacted in
the U-5713 portion of the project area by the Preferred Alternative. For the R-5777A&B
portion, it was determined that a portion of the New Bern Battlefield Site (CV2055) is
located within the US 70 ROW. The proposed construction is anticipated to impact the
earthworks associated with the New Bern Battlefield Site. Project commitments have
been generated to ensure that areas outside the proposed ROW are protected. Data
recovery investigations have been performed within the ROW to comply with
commitments in the CE and were summarized in a report dated July 2019 which has been
forwarded to SHPO. The New Bern Battlefield Earthworks will be indicated on the
design plans and designated as an Environmentally Sensitive Area. The area not to be
disturbed will include the earthwork berm, as well as a minimal buffer of 100 feet along
the north side of the earthwork's berm. This protected area will be fenced using High
Visibility Fencing (HVF) prior to any construction related activities. Therefore, it has
been determined that 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.
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While the FHWA is the lead federal agency for this project and is responsible for the
required consultation, the Corps will remain engaged and participate in all conversations
with the SHPO (or THPO).
Mitigation Evaluation
Compensatory mitigation for the unavoidable impacts to freshwater wetlands, streams,
and riparian buffers will be provided by the North Carolina Department of Environmental
Quality (NCDEQ)-Division of Mitigation Services (DMS).
Avoidance and Minimization
All jurisdictional features were delineated, field verified and surveyed within the corridor
for R-5777-AB as described above. Using these surveyed features, preliminary designs
were adjusted to avoid and/or minimize impacts to jurisdictional areas. NCDOT employs
many strategies to avoid and minimize impacts to jurisdictional areas in all of its designs.
Many of these strategies have been incorporated into Best Management Practice
documents that have been reviewed and approved by the resource agencies and which
will be followed throughout construction. All wetland areas and environmental sensitive
areas not affected by the project will be protected from unnecessary encroachment.
Compensatory Mitigation
The NCDOT will investigate potential on-site stream and wetland mitigation
opportunities once all possible measures to avoid and minimize impacts to the aquatic
environment have been explored. Offsite mitigation needed to satisfy the federal Clean
Water Act requirements for this project will be provided by the North Carolina
Department of Environment Quality, Division of Mitigation Services (DMS) in
accordance with their current In-Lieu Fee Mitigation Instrument.
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. The Corps ensures the 401-certification request included in the
application contains all 9 requirements as per EPA statutes (121.5 (b)). 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.
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Additional information regarding the 401 Certification may be reviewed at the NCDWR
Central Office, Transportation Permitting Branch, 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 19, 2020 to:
NCDWR Central Office
Attention: Ms. Amy Chapman, Transportation 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 applicant has requested approval for the proposed project under a Coastal Area
Management Act (CAMA) from the N. C. Division of Coastal Management for U-
5713/R-5777AB. Pursuant to 33 CFR 325.2 (b)(2) the Corps is, by this notice,
forwarding this information to the North Carolina Division of Coastal Management
(NCDCM) and requesting its concurrence or objection. Generally, the Corps will not
issue a DA permit until the NCDCM notifies the Corps that it concurs with the
applicant's consistency certification or issues the CAMA Major Development Permit.
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.
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Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials, including any consolidate 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. 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 a Corp environmental assessment and permit decision. Comments are also
used to determine the need for a public hearing and to determine the overall public
interest of the proposed activity.
Written comments pertinent to the proposed work, as outlined above, will be received
by the US Army Corps of Engineers, Wilmington District, until 5pm, November 19,
2020. Comments should be submitted to Mr. Thomas Steffens, Washington Regulatory
Field Office, 2407 West 5th Street, Washington, North Carolina, 27889 or to
thomas.a.steffens@us ace.army.mil.
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