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US Army Corps v LIC NOTICE
Of Engineers o ,%Dsr ERQ1,yu7.r
Wilmington District ORWATER9R4NCH
Issue Date August 16, 2012
Comment Deadline September 16, 2012
Corps Action ID # SAW 1992 03237
TIP Project No R -2303
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 of the United
States for the proposed improvements to NC 24 from 2 8 miles east of 195 to I -40 in
Cumberland Sampson, and Duplm Counties North Carolina
Specific plans and location information are described below and shown on the attached
plans This Public Notice with all attached plans is also available on the Wilmington
District Web Site at www saw usace army mil/wetlands
Applicant North Carolina Department of Transportation (NCDOT)
c/o Dr Gregory J Thorpe, PhD Manager
Project Development and Environmental Analysis Branch
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 U S C 1344)
Location
The proposed 41 8 mile highway improvements to NC Highway 24 starts on the west side
of the project 2 8 miles eastward of Interstate 95 (I 95) in Cumberland County and
progresses with both on location improvements and bypass improvements eastward until
Interstate 40 (I 40) in Duplm County The project can be generally located at Latitude
35 0024 and Longitude 78 6549
Background
A NCDOT /FHWA Draft Environmental Impact Statement (DEIS) was completed in June
1994 in compliance with National Environmental Policy Act (NEPA) guidelines A second
DEIS was necessary due to the changing environmental regulations and the time between
the writing of the first, this was completed in May 2006 The DEIS was approved and
circulated to federal state, and local agencies A Final Environmental Impact Statement
(FEIS) was completed in March 2010 with the Record of Decision (ROD) completed in
September 2010 The social, economic, and environmental impacts associated with various
alternatives including the No -build alternative have been described in the above
referenced environmental documents The NEPA documentation for the NC Highway 24
improvements is available for review at the Wilmington Regulatory Field Office of the
Wilmington District U S Army Corps of Engineers, 69 Darlington Avenue Wilmington,
North Carolina, or at the North Carolina Department of Transportation Project
Development and Environmental Analysis Branch Transportation Building, 1 South
Wilmington Street Raleigh, North Carolina
Applicant's Stated Purpose
The purpose of the proposed project is to provide an efficient link between two mayor
interstate highways (I 95 and I 40) increase capacity improve traffic operations and
improve safety of travel within and through the NC 24 study area corridor
Existing Site Conditions
The project is located within the Southern Inner Coastal Plain The project is located in the
Cape Fear River Basin and lies within Hydrologic Unit 03030006 (Subbasms 03 06 18/03
06 19) The project crosses South River, Big Swamp Little Coharie Creek, Bearskin
Swamp, Great Coharie Creek Six Runs Creek, and their tributaries A portion of the South
River is classified as ORW but lies outside the project area There are no high quality
waters noted in the project area or immediate vicinity South River from US 13 to Big
Swamp was reported on the 303(d) list of impaired waters according to information taken
from the FEIS The wetlands within the project area are characterized by cowardm
classifications palustrine emergent palustrine forested palustrine scrub shrub palustrine
unconsolidated bottom and riverine lower perennial The riverine influenced wetland
systems include the South River Big Swamp, Little Coharie Creek Great Coharie Creek,
Six Runs Creek Buckhall Creek, Carltons Mill Run and Bakers Branch All of the riverine
wetland systems throughout the project area are subject to influence from beaver activity
The biotic communities identified in the project area include agricultural land,
maintained /urban disturbed land, successional /clear cut land, pine woodlands, mixed
pine/hardwood forest mixed hardwood forest cypress gum swamp and coastal plain small
stream swamp Topography is characterized as relatively low relief with land surfaces that
are nearly level to gently sloping with some side slopes along the shallow stream valleys
Topographical elevations range from 70 to 170 feet above sea level In general elevations
slightly decrease moving from west to east across the study area especially for the stream
channels, although the highest elevations are found south of Clinton
Project Description
The proposed action involves a combination of widening new location segments and other
improvements to the existing NC 24 roadway from 2 8 miles east of 195 to 140 to create a
four lane divided facility There will be bypasses and/or other alternate routings around
Stedman Autryville and Roseboro Widening portions will have partial control of access
while new location segments will have limited control of access For the purposes of
design and construction R 2303 has been divided into six Sections, A through F The
current permit application is for the entire project, but the applicant has only finalized
design and impacts for the A Section
Department of the Army authorization for actual roadway construction is only being
considered for Section A where final design has been completed and where all practicable
measures to avoid and minimize impacts to waters and/or wetlands have been adopted
Work on Sections B through F where preliminary design has been completed, can only be
authorized after all practicable measures to minimize impacts to jurisdictional aquatic
resources have been adopted Accordingly NC DOT will be required to seek
modifications to the existing permit if issued in order to commence work on the other
sections of road identified above
NCDOT is also proposing to provide compensatory mitigation for all impacts that have
been identified to date, including for those sections where final design has not been
completed This proposal is more fully described below
Jurisdictional aquatic resource impacts due to the proposed construction would occur in
multiple locations across the project area Table 1 contains a summary of the proposed
jurisdictional wetland resources by TIP section
Table l Summary of Wetland and Stream imnack far R -2303
Section
Permanent Wetland
(ac )
Temporary Wetland
(ac
Permanent
Stream if
Temporary
Stream if
Riparian
—
NonRiparian
riparian
Non -
riparian
A
246
522
0
0
572 **
27
B*
5 13
057
0 11
1 001
296
1 113
C*
1092
121
0
0
2,990
301
D*
754
084
0
0
1,792
77
3
E*
142
016
0
0
1 336
155
F*
1962
218
0
0
3,859
294
Total
4709
1018
Oil
001
10,845
967
*Impacts are based on preliminary design therefore these impacts are expected to decrease after final design
* *Includes 41 if of bank stabilization
Avoidance and minimization efforts include to date (reported by the applicant) include but
are not limited to
No staging of construction equipment or storage of construction supplies will be
allowed in wetlands or near surface waters
NCDOT will implement Best Management Practices for Bridge Demolition and
Removal
NCDOT will implement Best Management Practices for the Protection of Surface
Waters
Bridge lengths have been designed to avoid impacts to higher quality wetlands
improve hydrology and wildlife passage
3 1 side slopes will be used within the wetlands
Reduced median width has been employed where practicable
Equalizer pipes at Site 2 will improve connectivity of and maintain sheet flow between
adjacent wetlands
The proposed construction of R 2303 (Sections A through F) would permanently impact
47 09 acres of riparian and 10 18 acres of non riparian wetlands The proposed impacts to
12 77 acres of jurisdictional riparian wetlands will be compensated for by on site riparian
wetland mitigation and NCDOT s Privateer Farms wetland mitigation bank The
remaining unavoidable impacts to 34 32 acres of jurisdictional riparian wetlands and 10 18
acres of non riparian wetlands would be offset by compensatory mitigation provided by the
North Carolina Ecosystem Enhancement Program (EEP) On site stream mitigation of
1 196 if is proposed to offset a portion of the stream impacts The remaining mitigation for
9,649 if of permanent stream impacts would be provided by the EEP The on site
mitigation would only be utilized in the particular section in which they are being
constructed
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 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
4
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
September 16, 2012
Cultural Resources
Historic Architecture
There were five individual properties identified that were either listed on the National
Register of Historic Places (NRHP) or eligible for inclusion in the Register In addition,
one historic district was identified in Stedman that was also determined eligible for the
NHRP The FEIS includes correspondence from the North Carolina State Historic
Preservation Office (HPO) concerning the effects of the NC 24 project alternatives on each
of these properties The Preferred Alternative will have a Conditional No Adverse Effect
on the Maxwell House, with the stipulation that widening is to the south and landscaping is
implemented NCDOT has committed to the stipulations provided by the HPO None of
the other architectural resources will be affected by the selected alternative
Archaeoloay
The following summarizes the archaeological resource investigation for the subject project
Detailed information concerning these investigations is on file at the North Carolina
Department of Transportation in the following reports
Botwick, Brad
2003 Archaeological Survey and Evaluation North Carolina 24 Clinton Bypass
Cumberland, Duplin, and Sampson Counties North Carolina New South
Associates,
Stone Mountain Georgia
Potential impacts and recommendations for the three archaeological sites identified in the
FEIS as eligible for the National Register of Historic Places are shown in the FEIS Either
one or two of these sites would be affected by the detailed study alternatives The
Preferred Alternative would affect Sites 31 SP331 and 31 DP226 (as shown in the FEIS) but
would not affect Site 31 SP334 Site 31 SP331 is in the D section and Site 31 DP226 is in
the F section of R 2303 Updates on these sites will be included in the permit modification
requests for each of these sections R 2303A will have no effect on archaeological
resources
There have been no changes within the historic architectural and archaeological resources
since the completion of the FEIS
E
Endangered and Threatened Species
The United States Fish and Wildlife Service ( USFWS) list 8 federally protected species for
Cumberland, Sampson and Duplin Counties as of the September 22, 2010 listing (Table 2)
Table 2 Federally Protected Species in Cumberland, Sampson, and Du ph Counties
Scientific Name
Common Name
County
Federal
Habitat
Biological
Status
Conclusion
Alligator
American
C S, D
Yes
mississippiensis
alligator
T(S /A)
N/A
Picoides borealis
Red cockaded
C S D
E
Yes
No Effect
woodpecker
M cteria americana
Wood stork
S
E
No
No Effect
Neonympha mitchelliz
Saint Francis'
ancisci
satyr butterfly
C
E
No
No Effect
Schwalbea americana
c erica
C
E
No
No Effect
Rhus michauxii
Michaux's sumac
C
E
No
No Effect
Lindera melissi olia
Pondberr
C, S
E
No
No Effect
Lysimachia
Rough - leaved
C
No
as erulae olia
loosestrife
E
No Effect
Key C= Cumberland S= Sampson D= Duplm E= Endangered T(S /A) = Threatened (Similarity of
Appearance)
A review of the North Carolina Natural Heritage Program (NCNHP) database, updated
October 2011, indicated one occurrence of a Red cockaded woodpecker nest site within
one mile of the project study area A record from 1979 documenting a RCW nest site in
the Town of Autryville (EO14156) No new information has been added by NHP
regarding this historic element occurrence since our February 2012 NHP search Nest tree
surveys conducted in this area revealed no cavity trees Since the FEIS the wood stork has
been added to Sampson County During recent fieldwork no nests or wood storks were
observed A No Effect determination was made after a phone conversation with the
USFWS concerning the lack of nests in Sampson County
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
n.
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 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 September 16 2012
Comments should be submitted to Mr Brad Shaver Wilmington Regulatory Field Office
69 Darlington Ave Wilmington, North Carolina 28403
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