HomeMy WebLinkAbout20141169 Ver 1_USACE Public Notice_20141218 M
US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: December 18, 2014
Comment Deadline: January 16, 2015
Corps Action ID Number: SAW-2008-00528
The Wilmington District, Corps of Engineers (Corps)received an application from the
North Carolina Department of Transportation (NCDOT), seeking Department of the
Army(DA) individual permit authorization to impact approximately 46.91 acres of DA
jurisdictional wetlands and 4281 linear feet of jurisdictional streams associated with
improvements to a 16-mile portion of US Highway 17. The project area begins at SR-
1330 (Deppe Loop Road))/ SR-1439 (Springhill Road)near Belgrade and ends at the
southern terminus of the New Bern Bypass, near the Jones/Craven County line, south of
New Bern,North Carolina. (NCDOT TIP No. R-2514 Sections B, C, and D)
Specific plans and location information are described below. To review these plans and
associated drawings,please click on this link to be taken to the NCDOT Web Site:
.//��� �:..� � � _i�� � When you get to the NC DOT web
site, click on Permit Applications on the right side of the screen, and then scroll down to
find the file for TIP Project R-2514 B, C, D. You can also view them in person at the
Washington Regulatory Field Office. This Public Notice is available on the Wilmington
District Web Site at:
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Applicant: Mr. Richard W. Hancock, P.E., Manager
Project Development and Environmental Analysis Unit
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh North Carolina 27699-1598
Authority
The Corps evaluates this application and decides whether to issue, conditionally issue, or
deny the proposed work pursuant to applicable procedures of the following Statutory
Authorities:
® Section 404 of the Clean Water Act(33 U.S.C. 1344)
® Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)
❑ Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972
(33 U.S.C. 1413)
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Location
Directions to Site: The overall site location is within the US Highway 17 corridor
beginning at the intersection of SR 1330 (Deppe Loop Road) and SR 1439
(Springhill Road) in Onslow County near Belgrade and ends at the southern terminus
of the New Bern Bypass, near the Jones/Craven County line, south of New Bern,
North Carolina.
Project Area: Approximately 16.0 miles
Nearest Towns: Project area begins near Belgrade, bypasses Maysville and
Pollocksville on new location and ends south of New Bern
Nearest Waterways: White Oak River, Trent River and Deep Gully Creek
River Basins: White Oak River basin and Neuse River basin
Latitude and Longitude: Project begins approximately at: 34.861533 North
-77.263690 West and approximately ends at: 35.073428 North, -77.186174
West.
Figure 1 portrays the entire 16 mile length of the R-2514 project. R-2514 was
divided into three sections noted as Sections B, C and D. The following
figures individually identify each of the project sections for detail and
increased clarity.
R-2514 Entire Project
Figure 1
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Section B is portrayed in greater detail in Figure 2 below. Section B is 4.15 miles long
and begins in Onslow County at the intersection of SR 1330 (Deppe Loop Road) and SR
1439 (Springhill Road) south of Belgrade, shifts west on new location, bypassing
Maysville, crosses SR 1331 (White Oak River Road) in Onslow County, bridges the
White Oak River and ends in Jones County on the north side of Maysville at SR 1116
(White Oak River Road)just south of the existing US 17 corridor.
R-2514 Section B
Figure 2
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Note: The gaps in the depicted roadway alignment represent proposed bridges over an
un-named tributary of the White Oak River, the White Oak River mainstem and
associated floodplain.
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Section C is portrayed in greater detail in Figure 3 below. Section C is 5.49 miles long
and starts in Jones County at the terminus of Section B near the north side of Maysville
and follows the existing alignment of US 17 as a widening project on the eastern side;
then separates to the west of US 17 on new location crossing SR 1114 (Lees Chapel
Road), SR 1112 (Riggstown Road) and ending just south of NC 58 near Pollocksville.
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R-2514 Section C
Figure 3
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Section D is portrayed in greater detail in Figure 4. Section D is 6.38 miles long and
starts in Jones County at the terminus of Section C, south of Pollocksville and NC 58,
crossing NC 58 with a half cloverleaf interchange, and continues on new location west
of existing US 17, bridging Goshen Branch and the Trent River; crossing SR 1121 (Oak
Grove Road), SR 1002 (10 Mile Fork Road), SR 1330 (Simmons Loop Road)
terminating in a reconfigured cloverleaf interchange and new bridge over Deep Gully
Creek at the south end of the New Bern Bypass in Craven County.
R-2514 Section D
Figure 4
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Note: The red bars within the depicted roadway alignment north of Pollocksville
represent the proposed bridges over Goshen Creek, the Trent River and associated
floodplain and Deep Gully Creek at the project terminus.
Existing Site Conditions
The project is located in the White Oak River Basin (Hydrologic Unit 03020301) and the
Neuse River Basin(Hydrologic Unit 03020204). This is within the Middle Atlantic
Coastal Plain eco-region. The project crosses the White Oak River, the Trent River,
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Goshen Branch, Deep Gully, and numerous unnamed tributaries to waters of the U.S.,
and multiple wetlands.
The White Oak River and its tributaries all carry best use classifications of C within the
study area. The Trent River and its associated tributaries all carry best use
classifications of C Sw NSW within the project area.
There are no waters within the project vicinity classified as High Quality Waters (HQW).
Neither Water Supplies (WS-L- undeveloped watersheds or WS-11: predominately
undeveloped watersheds), nor Outstanding Resource Waters (ORW) occur within 1.0
mile of the project area. Streams within the R-251413, C & D project area are not
designated as North Carolina Natural or Scenic Rivers, or as National Wild and Scenic
Rivers. Additionally, these waters are not listed on the 2014 303(d) list of impaired
waters due to sedimentation or turbidity.
There are four wetland types found within the project study area based on the Cowardin
classification: Palustrine Forested (PFO), Palustrine scrub-shrub (PSS), and Palustrine
emergent(PEM), and the Palustrine unconsolidated bottom (PUBH).
Natural upland plant communities within the study area include Pine Woodland,
Pine/Mixed Hardwood Forest, Mesic Mixed Hardwood Forest, Bottomland Hardwood
Forest, Small Stream Swamp, and Cypress-Gum Swamp. In addition, there are a variety
of open and disturbed habitats, including Agricultural/Pasture Land, Successional/Clear
Cut Lands, and Urban Disturbed Lands.
Applicant's Stated Purpose
The primary purposes for this project are to Improve capability of US 17 to meet its
mandated objectives as part of the Intrastate System, the North Carolina Strategic
Corridors System, and the Federal Strategic Highway Corridor Network; improve
traffic flow along the US 17 corridor in the project study area; and relieve congestion on
US 17 in Onslow and Jones Counties, thereby improving safety and reducing the
number of crashes.
Project Description
The NCDOT proposes to improve a 16-mile portion of US 17 between Deppe Loop
Road (SR1330)/Springhill Road (SR 1439) south of Belgrade and the New Bern Bypass
near the Jones/Craven County Line, south of New Bern. Proposed improvements
include a combination of widening on the existing alignment and constructing new
segments west of the existing route. The proposed facility would widen US 17 to a
divided four-lane facility with bypasses of Maysville and Pollocksville on new location.
Avoidance and Minimization
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The applicant provided the following information in support of efforts to avoid and/or
minimize impacts to the aquatic environment: All jurisdictional features were delineated,
field verified and surveyed within the corridor for R-251413, C & D. Using these
surveyed features,preliminary designs were adjusted to avoid and/or minimize impacts to
jurisdictional areas. During step 4A of the Interagency Merger process, the Merger Team
concurred that jurisdictional impacts have been avoided and minimized to the maximum
extent practicable through the use of alignment shifts, vertical adjustments, perpendicular
stream crossings, bridging Goshen Branch, the Trent River, the White Oak River, and a
tributary to White Oak River, utilizing equalizer pipes between bisected wetland features,
paralleling the existing power transmission easement in the northern portion of the
project, locating service roads and turnarounds in non jurisdictional areas,utilization of
existing US 17 as a service road, and elimination of proposed interchanges at the northern
and southern termini.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment: NCDOT proposed that the unavoidable
impacts to Waters of the U.S. will be offset by compensatory mitigation provided at the
Croatan Wetland Mitigation Bank (CWMB) for the B and C of the project, which are
partially located in a different Hydrologic Unit Code (HUC) than the mitigation bank.
The Corps approved the use of CWMB as the source for all stream, riparian wetland and
non-riparian wetland credits to offset the unavoidable impacts associated with R-2514 B,
C and D. NCDOT has requested and received an acceptance letter from North Carolina
Ecosystem Enhancement Program(NCEEP) to provide compensatory stream and wetland
mitigation from the CWMB.
Essential Fish Habitat
Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act, this
Public Notice initiates the Essential Fish Habitat(EFH) consultation requirements. The
Corps' initial determination is that the proposed projectwould not effect EFH or
associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management
Councils or the National Marine Fisheries Service.
Cultural Resources
Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C
of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix
C, the District Engineer consulted district files and records and the latest published
version of the National Register of Historic Places. After consultation with the North
Carolina State Historic Preservation Office ( SHPO), it was determined that the project
will have an adverse effect on Archaeological Site 31JN128, which has been
recommended as eligible for the National Register of Historic Places per Criterion D.
NCDOT prepared a Notification of Adverse Effects as required by the Council in
36CFR800.6 (a)(1). The USACE submitted this documentation to the Advisory Council
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on March 3, 2011. The Advisory Council responded on March 23, 2011 that their
participation in consultation to resolve adverse effects was not needed. A Memorandum
of Agreement(MOA)between the Corps, SHPO and NC DOT was developed to address
the adverse effect of the proposed improvements to US 17, submitted to the Advisory
Council on June 14, 2011 and acknowledged by the Council on September 9, 2011. As
Archaeological Site 31JN128 will not be avoided by construction activities, data recovery
excavations will be required once right-of-way has been acquired and prior to
construction.
Endangered Species
Pursuant to the Endangered Species Act of 1973, the Corps 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
determined that the proposed project would not affect; or may affect, not likely
to adversely affect, federally listed endangered or threatened species. In a letter dated
July 26, 2011, the USFWS concurred with a biological conclusion of"No Effect"for all
species listed in Onslow or Jones County with the exception of the red-cockaded
woodpecker(Picoides borealis); for which the biological conclusion of"May Affect,Not
Likely to Adversely Affect"was provided.
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. 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. Additional
information regarding the 401 Certification may be reviewed at the NCDWR Central
Office, Transportation Permitting Unit, 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 January 16, 2015 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
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North Carolina Division of Coastal Management (NCDCM):
The application did not include a certification that the proposed work complies with and
would be conducted in a manner that is consistent with the approved North Carolina
Coastal Zone Management Program. Pursuant to 33 CFR 325.2 (b)(2) the Corps cannot
issue a Department of Army(DA)permit for the proposed work until the applicant
submits such a certification to the Corps and the NCDCM, and the NCDCM notifies the
Corps that it concurs with the applicant's consistency certification. As the application
did not include the consistency certification, the Corps will request, upon receipt,
concurrence or objection from the NCDCM.
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 officials, including any consolidated 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.
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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.
The Corps of Engineers, Wilmington District will receive written comments pertinent to
the proposed work, as outlined above, until 5pm, January 16, 2015. Comments should be
submitted to Mr. Thomas Steffens, Washington Regulatory Field Office,
2407 West Fifth Street , Washington,North Carolina 27889, at(910) 251-4615.
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