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PUBLIC NOTICE 2
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US Army Corps
Of Engineers Issue Date February 17, 2012
Wilmington District Comment Deadline March 19, 2012 d
Corps Action ID SAW 2009 00439
TIP Prod ect No R -2241 A
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 fill material into waters of the United States associated with
construction of the US 501 improvements (TIP No R 2241A) from NC 49 in Roxboro to
SR 1602 (Jesse Banks Road) in Person 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 Hwww saw usace army mil /wetlands/Notices /Current notices html
Applicant North Carolina Department of Transportation
Dr Gregory J Thorpe, PhD, Manager
Project Development and Environmental Analysis Unit
1598 Mail Service Center
Raleigh, North Carolina 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 'US C 13 44)
Location
The proposed 4 5 mile multilane roadway facility begins at the intersection of existing US
501 and NC 49, on the north side of Roxboro and follows existing NC 49 approximately
one mile east to west of SR 1534 (Broad Road) West of Broad Road, the proposed
highway continues to the northeast on a new alignment, approximately 2 5 miles to 0 6
mile southwest of the intersection of SR 1521 (Halifax Road) and existing US 501 where it
ties into existing Halifax Road The proposed multilane highway continues following
existing Halifax Road approximately 0 6 mile, where it ties into the existing 2 -lane US 501
highway at the existing Halifax Road intersection with improvements ending just south of
SR 1602 (Jesse Banks Road) The project starts at approximately Latitude 36 4098 N,
Longitude 78 9724 W and ends at Latitude 36 4535 N, Longitude 78 9247 W
Background
NCDOT has long term plans to improve US 501 to a multilane facility from Roxboro to the
Virginia state line (TIP R 2241) and has divided the project into three sections, A, B and
C The southernmost section Section A is the only section which is currently proposed for
construction Section A has independent utility from the other sections NCDOT will
apply for permits for the remaining sections when funds become available to schedule
construction An NCDOT/ Federal Highway Administration (FHWA) Environmental
Assessment (EA) was approved in October 1997, and Finding of No Significant Impact
( FONSI) were completed in April 2000 An interagency team concurred with the
following key decision points in the National Environmental Policy Act /Section 404 (b) (1)
review process for this project, as follows
• Purpose and Need April 28 2000
• Detailed Study Alternatives (Alts ) Carried Forward April 28 2000
• Least Environmentally Damaging Practicable Alt/Preferred Alt April 28, 2000
• Avoidance and Minimization May 13 2004
NCDOT reevaluated the FONSI in May 2006 and determined that the current proposed
action was essentially the same as the original proposed action NCDOT noted changes,
and determined that anticipated social, economic and environmental impacts were
accurately described in FONSI and that the original Administration Action remained valid
The EA, FONSI and Reevaluation are available for electronic review at the Raleigh
Regulatory Field Office of the Wilmington District U S Army Corps of Engineers 3331
Heritage Trade Drive Suite 105, Wake Forest, North Carolina 27587 (Call ahead to
arrange a time for review at (919) 554 4884, ext 23)
Applicant's Stated Purpose
The purpose of the proposed project is to provide relief to the increased traffic demands
along this portion of US 501
Existing Site Conditions
The area proposed for impact is located in and northeast of Roxboro, NC Low to -mid
density residential development mixed with some commercial use is common along the
southern portion of the proposed corridor Going from south to north in the corridor the
density of residential development decreases and farmland and undeveloped wooded land
increases The project area is within the Dan Roanoke River basin Hydrologic Unit
03010104
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The wetland habitats that will be impacted by the proposed project are typical piedmont
riparian Headwater Forest and Bottomland Hardwood Forest wetlands including
maintained and forested wetlands These wetlands are adjacent to tributaries of Marlowe
and Mitchell Creeks that are unnamed on the USGS quadrangle maps Impacted streams
are Marlowe Creek and unnamed tributaries, and unnamed tributaries of Mitchell Creek
The impacted streams range in size from one foot wide and less than one foot deep, to more
than ten feet wide and several feet deep The Corps has determined based on field review
of the biological chemical and physical attributes and functions of the impacted streams
that 233 linear feet of streams are intermittent streams with only minimal aquatic function
Project Description
The proposed project includes 4 5 mile of improvements to existing US 501 and NC 49 to
make a multilane roadway facility from NC 49 in Roxboro to SR 1602 (Jesse Banks Road)
(TIP No R- 2241A) The southern portion of the project will improve existing NC 49 to a
multilane facility The center portion provides a multilane section on new location The
northern portion improves a section of existing SR 1521 (Halifax Road) to a multilane
facility and then ties back into the existing 2 -lane US 501 The proposed facility is 5 lane
curb and gutter where NC 49 will be widened and a four lane divided roadway with
shoulders on the new location and Halifax Road widening segments Portions of existing
NC 49, SR 1532 (Thaxton Road) SR 1531 (Providence Road), SR 1521 (Halifax Road),
and US 501, will be relocated or dead ended for the improvements
Impacts to waters of the United States (streams and wetlands) will be from roadway fills
and mechanized clearing new and replacement pipe and box culverts riprap bank
protection, and a utility line crossing (water and sewer) The project will permanently
impact 3,832 linear feet of streams at fifteen sites, and 2 38 acre of wetlands at eleven sites
Additional temporary impacts are also proposed to 858 linear feet of stream at fourteen
sites
The applicant proposes to use stream and wetland credits from the North Carolina
Ecosystem Enhancement Program ( NCEEP) to satisfy the compensatory mitigation
requirements associated with federal and state permits In a letter dated January 17, 2012,
NCEEP has agreed to provide the required mitigation for this proposal if permitted
Design plans are available for review at the U S Army Corps of Engineers Regulatory
Field Office at 3331 Heritage Trade Drive Suite 105 Wake Forest North Carolina 27587
(Call ahead to arrange a time for review at (919) 554 4884 ext 23)
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
3
certification required by Section 401 of the Clean Water Act (PL 92 -500) The receipt of
the application and this public notice combined with appropriate application fee at the
North Carolina Division of Water Quality central office in Raleigh will constitute initial
receipt of an application for a 401 Water Quality 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 Office Additional information
regarding the Clean Water Act certification may be reviewed at the NCDWQ Central
Office Transportation Permitting Unit, 512 N Salisbury St 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 Brian Wrenn by March 12, 2012
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic
Places and is not aware that any registered properties, or properties listed as being eligible
for inclusion therein are located within the project area or will be affected by the proposed
work Presently, unknown archeological, scientific, prehistoric, or historical data may be
located within the project area and /or could be affected by the proposed work
Endangered Species
The Corps, in conjunction with NCDOT and representatives of the US Fish and Wildlife
Service have 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 has determined pursuant to the Endangered Species Act of
1973, that the proposed project will have no effect on federally listed endangered or
threatened species or their formally designated critical habitat
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,
4
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 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 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
Written comments pertinent to the proposed work as outlined above, will be received
by the Corps of Engineers Wilmington District until 5pm, March 19 2012 Comments
should be submitted to Mr Eric Alsmeyer, Wilmington District, Corps of Engineers
Raleigh Regulatory Field Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest,
North Carolina 27587 or telephone (919) 554 4884 ext 23
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US 501
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