HomeMy WebLinkAbout20170239 Ver 1_SAW-2002-20667-PN_20170308I I
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US Army Corps
Of Engineers
Wilmington District
PUBLIC NOTICE
Issue Date: March 8, 2017
Comment Deadline: April 7, 2017
Coips Action ID Number: SAW-2002-20667
The Wilnlington District, Corps of Engineers (Corps) received an application fron� the
North Caroliila Department of Transportation (NCDOT) seeking Department of the Army
a�itl�orization to discharge dredged or fill material into waters and wetlands in Hydrologic
Unit Code (HUC) 03030002 (Cape Fear River Basin), associa�ted witl� Transportation
Ilnprovement Project (TIP) No. U-3109 (Mebane Bypass) in Alamance CoLinty, North
Carolina.
Specific plans and location inforinatioi� are described below and showi� on the attached
plans. This PLiblic Notice and al1 attached plans are also available on the Wilmington
District Web Site at
http://www.saw.usace.ariny.inil/Missions/Re u�yPennitProgram.aspx
Applicant:
Authority
Mr. Philip S. Han-is III, P.E., C.P.M.
Natura] Environment Section Head
North Carolina Department of Transportation
Division of Hi�hways
1598 Mail Service Center
Raleigh, North Carolina 27699-1598
The Corps evaluates this applicatioi� and decides whether to issile, conditionally issue, or
deny the proposed work ptu•suant to applicable procedures of the followitig Statutoiy
Authorities:
� Section 404 of the Clean Water Act (33 U.S.C. 1344)
❑ Sectio�z 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 project area is located along NC Highway 119 (NC 119) from the
Interstate 40/85 (I-40/I-85) interchange southwest of downtown Mebane to the existing
SR 1962 (3rd Street) Extension. The project area is then proposed on new location,
relocating NC 119 to the west and north of downtown Mebane before tying into existing
NC 119 just south of SR 1918 (Mrs. White Lane). The project terminates just north of
Mrs. White Lane.
Project Area: 326 (acres)/4.8 miles Nearest Town: Mebane River Basin: Cape Fear
Nearest Waterway: MoAdams Creek and unnamed tributaries (UTs), Mill Creek and
UTs, UT to Mill Creek (Forest Lake), and UTs to Back Creek
Latitude and Longitude: 36.108733°N, -79.286213°W (central point)
Existing Site Conditions
The project corridor is located in the eastern portion of Alamance County along the west
side of Mebane, within the Piedmont Physiographic Province of North Carolina.
Topography in the project vicinity generally includes rolling hills, bisected by MoAdams
Creek and Mill Creek as well as several smaller streams. Elevations in the study area
range from 548 to 672 feet above mean sea level. The proposed corridor contains
primarily a combination of open, agricultural, and forested land use classifications, with
commercial/industrial and single family residential land uses occurring adjacent to the
southern portion of the project area. A portion of the project area occurs within the water
supply watershed critical area of the Graham-Mebane Reservoir.
Aquatic resources in the project area are all within the Cape Fear River Basin (HUC
03030002) and include MoAdams Creek and 12 UTs, Mill Creek and 4 UTs, UT to Mill
Creek (Forest Lake), 5 UTs to Back Creek (Graham-Mebane Reservoir), and 3
impoundments (ponds). There are no designated Outstanding Resource Waters (ORW),
Water Supply I(WS-I), designated anadromous fish waters, or trout waters within 1.0
mile of the project. However, several features within 1.0 mile of the project are identified
as both High Quality Waters (HQW) and Water Supply II (WS-II) waters; these include
Back Creek, UT of Mill Creek (Forest Lake), Mill Creek, and Lake Michael. Further,
Back Creek (Graham-Mebane Reservoir) is listed on the 2014 Final 303(d) List of
Impaired Waters for North Carolina due to turbidity. The project area includes 12
wetland areas adjacent to the waters listed above. The wetland areas are characterized as
Headwater Forest, Non-Tidal Freshwater Marsh, and Floodplain Pool types according to
the North Carolina Wetland Assessment Method (NCWAM).
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The jurisdictional boundaries of aquatic resources within the original project study area
were verified by the Corps, and a Jurisdictional Determination (JD) was approved on July
8, 2003, with subsequent revisions on February 16, 2005, June 16, 2005, and July 14,
2005. Revisions to the jurisdictional resource delineations were made and field-verified
by the Corps on January 26, 2010 and December 5, 2012. A final field re-verification of
jurisdictional boundary delineations was made by the Corps on October 4, 2016.
Applicant's Stated Purpose
The purpose of the proposed project, as stated in the Final Environmental Impact
Statement (FEIS) dated June 11, 2009, is the following:
The primary needs of the proposed action include the following:
• Capacity deficiencies;
• Lack of connectivity within the local community;
• Lack of efficient north-south routes through Mebane due to development patterns.
The primary purposes of the proposed action include the following:
• Reduce traffic congestion in downtown Mebane;
• Improve access to the local area;
• Provide Alamance County a primary north-south route.
Background
Merger Process
This project additionally has progressed through a collaborative process which includes
multiple Resource and other integral Regulatory Agencies known in the State of North
Carolina as the Merger Process. This group of agencies reviewed key points in the project
development and agreed to milestones relative to their Agency responsibilities. The
Merger Team agreed to the following milestones:
� Purpose and Need (December 13, 2000)
� Detailed Study Alternatives (June 13, 2002)
• Bridging Decisions and Alignment Review (August 18, 2005, March 16, 2006)
� Least Environmentally Damaging Practicable Alternative (LEDPA) (Alternative
9; June 19, 2008)
• Avoidance and Minimization (June 19, 2008)
• 30 Percent Hydraulic Design Review (July 23, 2013)
• Permit Drawings Review (May 14, 2015)
• LEDPA reverification (February 24, 2017)
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Project Schedule
The U-3109 project is comprised of two sections. Section A, which is approximately 3.3
miles in length, begins near the I-85/I-40 interchange and ends north of SR 1921/SR 1996
(Mebane Rogers Road/East Stagecoach Road). Section B, approximately 1.5 miles in
length, begins north of Mebane Rogers Road/East Stagecoach Road and ends north of
Mrs. White Lane.
U-3109 sections A and B were combined for planning and permitting purposes to
facilitate the evaluation of a system-wide project with logical termini. Currently, U-
3109A and U-3109B are scheduled to let May 16, 2017 and October 19, 2021,
respectively. Permit drawings for the proposed U-3109A have been completed, whereas
only preliminary estimates based on preliminary slope stakes plus 25 feet have been
calculated for U-3109B. The NCDOT would apply far any relevant permit modifications
for U-3109B upon completion of final design including additional avoidance and
minimization efforts. Construction would not commence on U-3109B until permit
modifications are received based on iinal design.
Project Description
The proposed action involves construction of the Mebane Bypass in Alamance County.
NC ll 9 would be widened to six-lanes from the I-40/I-85 interchange north to the
existing 3rd Street Extension. Improvements to a portion of SR 1997 (Corrigidor Road),
including realignment to the east of its existing location and connecting it to SR 1973
(Tate Avenue) near the Mebane Wastewater Treatment Plant (WWTP), are also included
in the project. In addition, SR 1970 (Roosevelt Street) would tie into the proposed
Corrigidor Road realignment just north of the City of Mebane Maintenance Yard. NC
119 would then be constructed on new location as a four-lane, median-divided facility
from the existing 3rd Street Extension north until tying into existing NC 119 just south of
Mrs. White Lane. The length of the selected alternative for the total project is
approximately 4.8 miles.
Summary of Impacts:
Proposed impacts for total U-3109 project include permanent impacts to 6,2321inear feet
of stream channel (6,065 linear feet of permanent fill and 1671inear feet of bank
stabilization), 0.89 acre of wetlands (0.78 acre of permanent fill, 0.02 acre of excavation,
and 0.09 acre of inechanized clearing), and 0.32 acre of open water. The proposed project
also involves temporary impacts to 461 linear feet of stream channel. Proposed project
impacts are listed per project section in the table below:
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Project Permanent Stream Temporary Stream Permanent Wetland Permanent Open
Section Impacts (linear feet) Impacts (linear feet) Impacts (acre) Water Impacts (acre)
U-3109A 4,9261 461 0.382 0.32
U-3109B 1,3063 -- 3 0.514 0
Total 6,232 461 0.89 0.32
1 Section A permanent stream impacts include 4,7591inear feet or culvert and other fill and 167 linear feet
of rip rap bank stabilization.
z Section A permanent wetland impacts include 0.78 acre of permanent fill, 0.02 acre of excavation, and
0.09 acre of inechanized clearing.
3 Section B permanent stream impacts are based on preliminary design only, and bank stabilization and
temporary impacts have not been calculated at this time.
4 Section B permanent wetland impacts are based on preliminary design only, and specific types of wetland
impacts are not known at this time.
Activities resulting in permanent fill in streams include culvert insta,llation, channel re-
alignment, and stream channelization activities. Bank stabilization activities are a
separate type of fill activity as these activities do not typically occur within the channel
(thalweg) of the stream, but rather only on the stream banks. Activities resulting in
permanent impacts in wetlands include roadway fill, excavation in association with a fill
activity, and mechanized clearing without a specified wetland restoration plan.
Temporary impacts proposed are those associated with construction access and
dewatering activities, as well as stormwater tie-ins where the impact areas would be
returned to pre-construction grade and contour following construction.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or
minimize impacts to the aquatic environment:
• NCDOT's Best Management Practices (BMPs) for the Protection of Surface
Waters will be enforced;
• NCDOT's Best Management Practices for Construction and Maintenance
Activities will also be employed;
� Due to a portion of the project being within the Graham-Mebane Reservoir
watershed critical area, Design Standards in Sensitive Watersheds will be
employed;
� During the development of the preliminary engineering designs for each Detailed
Study Alternative, including the Preferred Alternative (Alternative 9), efforts
were made to avoid and minimize impacts to wetlands and streams wherever
practicable. Where stream crossings were unavoidable, they were located, within
design constraints, as perpendicular as practicable, in order to minimize the length
of stream impacted;
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• The alignment skirts between Wetland 3(WL3), which is near the eastern
boundary of the alignment, and Wetland 4(WL4), which is on the western
boundary of the alignment, while avoiding impacts to Craftique Furniture
Company;
• Wetlands WA and WC are associated with the extension of Corrigidor Road. The
alignment impacts the western edge of WA and WC to avoid impacting the City
of Mebane WWTP operations;
• The Mebane Rogers Road tie-in near proposed NC 119 was designed to end
before the Stream SU/SA crossing;
• The tie-in from proposed NC 119 to existing NC 119 south of the Mill Creek
community was designed to end before the Mill Creek crossing for the Detailed
Study Alternatives, including Preferred Alternative 9, in this area;
• In the vicinity of the Fieldstone community, the mainline alignment was shifted
slightly outside the corridor limits to reduce impacts to MoAdams Creek,
necessitating a slight expansion of the corridor limits in this area;
• Designing the crossing of Mill Creek as a bridge, thereby avoid stream impacts
and reducing wildlife mortality at this location;
• A combination of grassed swales, roadway ditches, and structural BMPs were
employed to minimize water quality impacts. In most locations, the outlets for the
storm drainage systems were placed at least 50 feet from the Jurisdictional
Stream. However, due to topography, none of the lateral grass swales located
along the embankment fill slope met the recommended minimum length of swale;
• Class B rip rap aprons/pads will be installed at pipe outlets at Stations 80+50 — LT
and 97+98 -L- LT;
• A Class I rip rap energy dissipator basin will be installed at a pipe outlet at Station
100+70 -L- LT;
• Pre-formed Scour Holes (PSH) comprised of Class B rip rap will be installed at
Stations 130+50 -L- LT and 140+50 -L- LT;
• Hazardous Spill Basins will be installed at the following locations: 161+92 -L-
RT; 179+68 -L- RT; 20+90 -Y16RPA- LT; and 32+55 -Y20- LT.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment:
For U-3109A, 4,9261inear feet of permanent warm water stream impacts are proposed.
Of that total, NCDOT does not propose to provide compensatory mitigation for the 167
linear feet of bank stabilization impacts. Of the remaining 4,759 linear feet of permanent
stream impacts, NCDOT proposes to provide compensatory mitigation for 3,888 linear
feet at a 2:1 ratio and 618 linear feet at a 1:1 ratio. NCDOT does not propose any
compensatory mitigation for the remaining 253 linear feet (Sites 1 and 7A) of streams
due to low aquatic function of these resources.
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Compensatory mitigation for the 0.38 acre of U-3109A wetland impacts is proposed at a
2:1 ratio for 0.33 acre and 1:1 ratio for 0.05 acre. These mitigation proposals are based on
a December 5, 2012 field meeting with the Corps. NCDOT proposes to provide the above
compensatory mitigation through purchasing stream credits from the NC Division of
Mitigation Services (NCDMS) and wetland credits by debiting the NCDOT South
Buffalo Creek Mitigation Site.
For U-3109B, 1,3061inear feet of permanent warm water stream impacts and 0.51 acre of
riparian, non-riverine wetlands are proposed, although these figures are based on
preliminary design. Currently, NCDOT proposes to provide compensatory mitigation for
all 1,3061inear feet and 0.51 acres at a 2:1 ratio through purchasing stream and wetland
credits from NCDMS. However, NCDOT states that they may pursue other mitigation
options such as permittee-responsible debit ledger and/or on-site mitigation once final
design is available. For example, the Cates Farm property is currently being reviewed by
NCDOT as a potential on-site mitigation site that could offset impacts in Section B. If
either/both of these options are pursued in the future, NCDOT may propose to replace all/
a portion of the U-3109B compensatory mitigation in a future permit modification
request.
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 project would 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 and initially determines that:
❑ Should historic properties, or properties eligible for inclusion in the National
Register, be present within the Corps' permit area; the proposed activity requiring
the DA permit (the undertaking) is a type of activity that will have no potential to
cause an effect to an historic properties.
❑ No historic properties, nor properties eligible for inclusion in the National
Register, are present within the Corps' permit area; therefore, there will be no
historic properties affected. The Corps subsequently requests concurrence from
the SHPO (or THPO).
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❑ Properties ineligible for inclusion in the National Register are present within the
Corps' permit area; there will be no histaric properties affected by the proposed
work. The Corps subsequently requests concurrence from the SHPO (or THPO).
❑ Historic properties, or properties eligible for inclusion in the National Register,
are present within the Corps' permit area; however, the undertaking will have no
adverse effect on these historic properties. The Corps subsequently requests
concurrence from the SHPO (or THPO).
� Historic properties, or properties eligible for inclusion in the National Register,
are present within the Corps' permit area; moreover, the undertaking may have an
adverse effect on these historic properties. The Corps subsequently initiates
consultation with the SHPO (or THPO).
A result of early coordination with the SHPO, a Memorandum of Agreement
has been signed by the NCDOT, FHWA, and SHPO stipulating steps to
mitigate the adverse effects to known eligible sites for the National Register
of Historic Places.
❑ The proposed work takes place in an area known to have the potential for the
presence of prehistoric and historic cultural resources; however, the area has not
been formally surveyed for the presence of cultural resources. No sites eligible for
inclusion in the National Register of Historic Places are known to be present in
the vicinity of the proposed work. Additional work may be necessary to identify
and assess any historic or prehistoric resources that may be present.
The District Engineer's final eligibility and effect determination will be based upon
coordination with the SHPO and/or THPO, as appropriate and required, and with full
consideration given to the proposed undertaking's potential direct and indirect effects on
historic properties within the Corps-identified permit area.
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 determines that the proposed project would not affect federally listed
endangered or threatened species or their formally designated critical habitat.
� The Corps determines that the proposed project
may affect, not likely to adversely affect federally listed endangered or threatened
species or their formally designated critical habitat.
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As of September 22, 2010, the U.S. Fish and Wildlife Service (USFWS) lists
no federally protected species for Alamance County. However, the USFWS
has developed a programmatic biological opinion (PBO) in conjunction with
FHWA, USACE, and NCDOT for the northern long-eared bat (NLEB)
(Myotis septentrionalis) in eastern North Carolina. The PBO covers the entire
NCDOT program in Divisions 1-8, including all NCDOT projects and
activities. The programmatic determination for NLEB for the NCDOT
program is May Affect, Likely to Adversely Affect. The PBO provides
incidental take coverage for NLEB and will ensure compliance with Section 7
of the Endangered Species Act for five years for all NCDOT projects with a
federal nexus in Divisions 1-8, which includes Alamance County, where U-
3109 is located. This level of incidental take is authorized from the effective
date of a final listing determination through Apri130, 2020.
❑ The Corps is not aware of the presence of species listed as threatened or
endangered or their critical habitat formally designated pursuant to the
Endangered Species Act of 1973 (ESA) within the project area. The Corps will
make a final determination on the effects of the proposed project upon additional
review of the project and completion of any necessary biological assessment
and/or consultation with the U.S. Fish and Wildlife Service and/or National
Marine Fisheries Service.
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 Certiiication. 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, 401 and Buffer 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 March 29, 2017 to:
NCDWR Central Office
Attention: Ms. Amy Chapman, Transportation Permitting Unit
(iJSPS 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 Mana�ement (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.
� Based upon all available information, the Corps determines that this application
for a Department of Army (DA) permit does not involve an activity which would
affect the coastal zone, which is defined by the Coastal Zone Management (CZM)
Act (16 U.S.C. § 1453).
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.
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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.
Note that NCDOT held a Public Hearing for the proposed project at the Mebane Arts and
Community Center on September 28, 2010.
The Corps of Engineers, Wilmington District will receive written comments pertinent to
the proposed work, as outlined above, until5pm, Apri18, 2017. Comments should be
submitted to David E. Bailey, Raleigh Regulatory Field Office, 3331 Heritage Trade
Drive, Suite 105, Wake Forest, North Carolina 2758, at (919) 554-4884 extension 30.
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