20071823 Ver 1_Public Notice_20080116 (2)

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US Army Corps PUBLIC NOTICE
Of Engineers Wilmington District
Issue Date: January 16, 2008
Comment Deadline: February 14, 2008
Corps Action ID #:1998-01941
TIP Project No. R-2502
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 associated with construction of US 1 from SR 1001 (Marston Road) in
Richmond County to the existing multi-lane facility north of the Moore County Line,
North Carolina.
Specific plans and location information are described below and shown on the attached
plans. This Public Notice with all attached plans are also available on the Wilmington
District Web Site at www.saw.usace.armmil/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 8.3 mile roadway widening project is located beginning at SR 1001 (Marston
Road) in Richmond County and continuing to the existing multi-lane facility north of the
Moore County Line in Moore County, North Carolina. The proposed project is located in
adjacent wetlands and tributaries that are hydrologically connected to the Lumber River,
Hydrologic Cataloging Unit 03040203. The project is more specifically located starting at
Latitude 34.99 N, Longitude 79.58 W and ending at Latitude 35.06, Longitude 79.49.
Background
A Final State Environmental Assessment (SEA) was approved on September 28, 2000 and
on March 30, 2005 a Finding of No Significant Impact (FONSI) was approved for the
proposed US 1, TIP R-2502 project, State Project Number 6.589009T. The social,
economic, and environmental impacts associated with various alternatives, including the
No-build alternative, have been described in the above referenced environmental
document. The NCDOT SEA and FONSI for R-2502 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 highway is to improve the level of safety and the traffic
carrying capacity along US 1 within the project area.
Existing Site Conditions
The project is located within the Coastal Plain Physiographic Province with the northern
two thirds of the project located in the Lumber River subbasin 03-07-50, USGS 8-digit
hydrological unit 03040203 and the southern third of the project located in the Yadkin
River subbasin 03-07-16, USGS 8-digit hydrological unit 03040201. Drowning Creek, a
perennial stream in the Lumber River Basin, is the only jurisdictional stream crossed by the
proposed project. This section of Drowning Creek has NC Division of Water Quality
(NCDWQ) best usage classification of WS II Sw HQW which refers to those waters
protected as water supplies that are generally in predominantly undeveloped watersheds.
Swamp waters (Sw) is a supplemental water classification for waters which have low
velocities and other natural characteristics which are different from adjacent streams. High
Quality Waters (HQW) is a supplemental water classification for waters which are rated as
excellent based on biological and physical/chemical characteristics through Division
monitoring or special studies.
The Biotic communities identified in the project area include maintained lawns, roadside
shoulder, successional pine forest, xeric sandhill scrub, coastal plain small stream swamp
(variant) blackwater subtype and streamhead pocosin. Topography is characterized as
nearly level terrain with an average elevation at approximately 380 feet above mean sea
level (MSL).
There are five riverine wetland areas found within the project study area. Three of the five
wetlands are located adjacent to streams and are classified as coastal plain small stream
swamps. One wetland is classified as successional pine forest and one wetland is classified
as a streamhead pocosin.
Project Description
The following description of the work is taken from data provided by the applicant.
The proposed project would widen US 1 to a four lane divided highway, with 46-foot
median, from SR 1001 (Marston Road) in Richmond County to the existing multi-lane
facility north of the Moore County Line totaling 8.3 miles. The existing 298-foot long,
25.9-foot wide bridge crossing Downing Creek will be replaced with two 440-foot long,
40-foot wide pre-stressed modified concrete girder bridges, which will span the entire
creek. A temporary work bridge spanning Drowning Creek will be used for construction of
the new bridge. Wetland impacts due to the proposed construction will occur at nine sites.
Table 1 contains a summary of the proposed jurisdictional wetland resources. The project
will also include the relocation of existing above ground utility lines resulting in 21 square
feet of wetland impacts associated with the placement of twelve utility poles.
Table 1. Summary of Impacts
Site
# Permanent
wetland impacts
ac. Cowardin
Classification
Community Type
1 0.06 PF06F Coastal Plain Small Stream Swamp
2 0.18 PF06F Coastal Plain Small Stream Swamp
3 0.83 PF06C Streamhead Pocosin
4 0.49 PSS 1 C Successional Pine Forest
5 1.27 PF06F Coastal Plain Small Stream Swamp
6 0.12 PF06F Coastal Plain Small Stream Swamp
7 1.47 PF06F Coastal Plain Small Stream Swamp
8 0.76 PF06F Coastal Plain Small Stream Swamp
9 0 PF06F Coastal Plain Small Stream Swamp
Total 5.18
The project impact areas are located in the Lumber River Basins (Hydrologic Unit
03040203). The applicant proposes to utilize the North Carolina Ecosystem Enhancement
Program (EEP) to provide the necessary compensatory mitigation for the unavoidable
wetland impacts associated with this project.
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, 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), 2321 Crabtree Boulevard,
Raleigh, North Carolina 27604-2260 Attention: Mr. Brian Wrenn by February 7, 2008.
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. In addition, NCDOT archaeologist identified nine archaeological sites within the
project area with two of the sites requiring additional survey work. After completion of the
additional survey work, all nine sites were determined not to be eligible for the National
Register of Historic Places. However, 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
NCDOT has conducted surveys along the proposed project corridors to identify suitable or
critical habitat for species listed as federally endangered or threatened pursuant to the
Endangered Species Act of 1973. Based on information provided by NCDOT, the Corps of
Engineers has determined that the proposed project activities requiring DA authorization
would have no effect on six of the listed species know to occur within Richmond and
Moore Countys. These species are the Cape Fear Shiner, Notropis mekistocholas;
Michaux's sumac, Rhus michauxii; American chaffseed, Schwalbea americana ; Rough-
leaved loosestrife, Lysimachia asperulaefolia; Shortnose sturgeon, Acipenser brevirostrum;
and Carolina heelsplitter, Lasmigonia decorata. However, It has been determined that the
proposed project activities requiring DA authorization may effect the Red-cockaded
woodpecker (RCW), Picoides borealis, a federally listed endangered species. The U.S.
Fish and Wildlife Service, in a letter dated February 11, 2004, concurred with the NCDOT
biological conclusions that the proposed highway project may affect, but is not likely to
adversely affect the RCW. The District Engineer, based on available information, is not
aware that the proposed activities requiring DA authorization will affect any other species
not listed above, or their critical habitat, designated as endangered or threatened pursuant to
the Endangered Species Act of 1973
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 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 and to determine the LEDPA for the project. 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, February 14, 2008. Comments
should be submitted to Mr. Richard K. Spencer, Wilmington Regulatory Field Office, P.O.
Box 1890, Wilmington, North Carolina 28402-1890.
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