HomeMy WebLinkAbout20070965 Ver 1_Public Comments_20070831~ i
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US Arrny Corps
Of Engineers
Wilmington District
PUBLIC NOTICE
Issue Date: August 24 -2007
Comment Deadline: September 10, 2007
Corps Action ID #: SAW-2007-02093
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 impact 5761inear feet of stream channels exhibiting important
aquatic functions, and 81 linear feet of stream channels lacking important aquatic
functions associated with the construction of a new rest area off US 421 near Wilkesboro,
Wilkes 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
1598 Mail Service Center
Raleigh, NC 27699
Authority
The Corps will evaluate this application and a decide whether to issue, conditionally
issue, or deny the proposed work pursuant to applicable procedures Section 404 of the
Clean Water Act
Location
The 22-acre site for the proposed rest station is located to the north of US 421 between
NC Highway 115 and NC Highway 18, near Wilkesboro, Wilkes County, North Carolina.
The proposed project site contains unnamed stream channels that flow into Little Cub
Creek, a tributary of the Yadkin River Basin (HUC 03040101). Latitude and Longitude
in Decidegrees of the proposed site is 36.1344° N. and 81.1224° W.
Existing Site Conditions
The existing site conditions for the proposed project contain five jurisdictional stream
channels, all of which are unnamed tributaries to Little Cub Creek in the Yadkin River
Basin. Four of the five streams were determined to exhibit important aquatic functions
and were rated as perennial by the North Carolina Division of Water Quality (DWQ).
The fifth stream was found to lack important aquatic functions and was rated intermittent
by DWQ. No designated Outstanding Resource Waters, High Quality Waters, Water
Supply I, Water Supply II, or 303(d) waters occur within 1.0 mile of the project site. No
wetlands were found on site. The site is primarily composed of forested land adjacent to
US 421.
A U.S. Army Corps of Engineers (Corps) jurisdictional determination has been
completed for the proposed site and has verified the aquatic features listed above.
Applicant's Stated Purpose
The project purpose is to replace the old rest station bypassed by the construction on the
new US 421.
Project Description
The proposed activity would involve the construction of a new rest station. This would
include the creation of entrance and exit ramps, deceleration and acceleration lanes,
associated buildings, and all required utilities.
Impacts to streams rated perennial and exhibiting important aquatic functions occur at
Sites I, II, III, and IV on the accompanying maps and are associated with the ramps and
deceleration lane. Impacts to the intermittent stream occur on the acceleration lane and
are also found on Site I on the attached maps. The proposed impacts are a result of
extending the existing culverts under US 421, or the placement of new culverts.
A Programmatic Categorical Exclusion (CE) was approved by the Federal Highway
Administration (FHEA) on February 24, 2006. A revised CE has been sent to the FHWA
and will be distributed to the regulatory agencies upon approval. No additional impacts
to jurisdictional waters are expected from the revised CE than are reflected within this
Public Notice.
To mitigate for all unavoidable impacts to jurisdictional features, the applicant has
proposed payment into the North Carolina Ecosystem Enhancement Program (NCEEP)
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 fora 401 Water Quality Certification. A waiver will be deemed
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to occur if the NCDWQ fails tv 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, 401 Oversight and Express Permits Unit, 2321 Crabtree Boulevard,
Raleigh, North Carolina 27604-2260. 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. John Hennessy by
September 10, 2007.
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 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 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, 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
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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 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 Spm, September 10, 2007.
Comments should be submitted to Monte Matthews, Raleigh Regulatory Field Office,
6508 Falls of Neuse Road, Suite 120, Raleigh, North Carolina 27615.
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LOCATION: NEW REST AREA -NORTHBOUND US 421
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TYPE OF WORK GRADING, PAVING, AND DRAINAGE
THIS PROJECT IS NOT WTTHIN ANY MUNICIPAL BOUNDARIES
NOTE: CLEARING ON THIS PROJECT SHOULD BE PERFORMED TO THE LIMITS ESTABLISHED BY METHOD _
GRAPHIC SCALES
DESIGl~T DATA
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ADT 2030 ~ 1500
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LENGTH ROADWAY TIP PROJECT IC-4703. 0.981 MILES
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