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Home My WebLink About20120673 Ver 1_Public Notice_201208166 E ( 9y0 PUBLIC NOTICE s��i US Army Corps �Pm Of Engineers Wilmington District Issue Date August16 2012 Comment Deadline September 17, 2012 Corps Action ID # SAW 2009 01449 TIP # R 2707 The Wilmington District Corps of Engineers (Corps) has received an application from the North Carolina Department of Transportation seeking Department of the Army authorization to permanently impact 21224 linear feet of streams and 6 04 acres of wetlands associated with the construction of R -2707 (Shelby Bypass) a four lane divided highway with full control access approximately 19 miles in length primarily on new location north of the town of Shelby in Cleveland 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 www saw usace army mil /wetlands Applicant North Carolina Department of Transportation Gregory J Thorpe PhD 1598 Mail Service Center Raleigh North Carolina 27699 Authority The Corps will evaluate this application and decide whether to issue, conditionally issue or deny the proposed work pursuant to applicable procedures of Section 404 the Clean Water Act __ _ Location The proposed project site is located along an approximate 19 mile corridor, from approximately 0 6 mile west of SR 1162 to east of SR 1162 as an upgrade /widening of existing US Highway 74 then on new location from east of SR 1161 to west of Buffalo Creek where the roadway would tie into existing US Highway 74 The project corridor is located to the west north and east of the town of Shelby in Cleveland County North Carolina 35 3 173 00 N and -81562577 W Existmg Site Conditions The project site is located within sub basins 030804 and 030805 of the Broad River Watershed (HUC 03050105) No Outstanding Resource Waters (ORW) or High Quality Waters (HQW) exists within the project area The project is located within Water Supply Watersheds (WS III and WS IV) and is adjacent to Water Supply Critical Areas associated with the First Broad River and Kings Mountain Reservoir Buffalo Creek and the First Broad River are listed on the 2010 North Carolina Department of Natural Resources ( NC DENR) 303 (d) and Integrated Lists for impaired waters Land use patterns in the project area consist of agricultural lands forested land, retail commercial and industrial uses and residential communities in a rural setting Applicant's Stated Purpose As stated by the applicant the purpose of the proposed project is to increase the capacity of the US Highway 74 corridor by improving levels of service and reducing the potential for future traffic congestion Project Description The proposed project will consist of an upgrade of the existing facility from 0 6 mile west of SR 1162 to east of SR 1162 then proceed on new location from east of SR 1161 north of the town of Shelby to west of Buffalo Creek where the roadway would tie into existing US Highway 74 The project is separated into sections A E for funding purposes Total permanent impacts to jurisdictional streams and wetlands in association with the construction of the Shelby Bypass are 21 224 linear feet of streams and 6 04 acres of wetlands Proposed permanent open water impacts total 2 43 acres Temporary impacts total 0 17 acre of stream channel Final design is complete for sections R 2707 A and B while sections C D and E are currently in the preliminary design phase Impacts for sections C D and E were calculated using construction limits plus 25 foot slope stakes Permit modification requests will be required for sections C D and E as final design is completed for each section Sections R 2707 A and B are approximately 6 55 miles in length and will permanently impact 5 109 linear feet of jurisdictional stream channel and 4 05 acres of wetlands associated with the roadway construction Temporary impacts associated with sections A and B total 0 06 acre of stream Theze are six proposed interchanges associated with the overall R-2707 project • Peachtree Road (SR 1162) • Proposed US 74 Bypass at existing US 74 to the west of Bradley Road • Washburn Switch Road (SR 1313) • Polkville Road (NC 226) • FaIlston Road (NC 18) • Cherryville Road (NC 150) • Proposed US 74 Bypass at existing US 74 near Hoey Church Road • Bethlehem Road (SR 2245) The applicant proposes to provide compensatory mitigation for unavoidable impacts to jurisdictional waters of the U S for sections A and B through payment into the North Carolina Ecosystem Enhancement Program (NC EEP) Compensatory mitigation is not proposed at this time for sections C D and E since they are not due to be let for construction within the next 5 2 years Compensatory mitigation for sections C D and E will be submitted with subsequent permit modification requests once final design is complete 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 regarding the Clean Water Act certification may be reviewed at the NCDWQ Central Office Transportation Permitting Unit 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 17 2012 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 The Corps has consulted the latest published version of the National Register of Historic Places ad has determined that registered properties or properties listed as being eligible for inclusion — therein are located within the project area and/or will be affected by the proposed work The Hamilton McBrayer Farm (Farm) located along the existing US Highway 74, within the proposed project area, is eligible for listing on the National Resister The proposed project will have an effect on the Farm Through coordination between the North Carolina Department of Transportation ( NCDOT) and the State Historic Preservation Office (SHPO) the SHPO has provided concurrence that the project will not have an adverse effect upon the Farm provided that the NCDOT widens the existing US Highway 74 to the north away from the property and constructs a service road from Broadway Road to service the mobile home park to the north and west of the Farm This construction is included in the NC DOT s project commitments and will ensure that the effect to the Farm will not be adverse 3 Endangered Species The Corps has 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 (ESA) that the proposed project may affect federally Iisted endangered or threatened species or their formally designated critical habitat The Amended Biological Assessment dated June 28 2012 concludes a biological opinion of May Affect Likely to Adversely Affect for hexastyhs naniflora (dwarf flowered heartleaf) Consultation under Section 7 of the ESA will be initiated and no permit will be issued until the consultation process is complete 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 of Engineers is soliciting comments from the public Federal State and local agencies and 6-fficiaE-inc75ding 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 msubstantial 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 17 2012 Comments should be submitted to Liz Hair Asheville Regulatory Field Office 151 Patton Avenue, Room 208, Asheville North Carolina, 28801 5006 5