20080737 All Versions_Public Notice_20080808

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US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: August 8, 2008
Comment Deadline: September 8, 2008
Corps Action ID #:2008-01413
TIP Project No. X-0002B & C and U-2519
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 the Fayetteville Outer Loop from I-95 South of
Fayetteville to NC 24/87 in Cumberland and Robeson Counties, 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.army.mil/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 27.8 mile controlled-access freeway is located beginning at an interchange
with I-951ocated just south of SR 1718 (Green Spring Road) in Robeson County, continues
north through Cumberland County, turns eastward along the southern boundary of the Fort
Bragg Military Reservation, and ends just west of US 401 (Ramsey Street). The proposed
project is located in adjacent wetlands and tributaries that are hydrologically connected to
the Lumber River, Hydrologic Cataloging Unit 03040203 and the Cape Fear River,
Hydrologic Cataloging Unit 03030004. The project is more specifically located starting at
Latitude 34.89727 N, Longitude 78.95899 W and ending at Latitude 35.11051, Longitude
78.97456.

Background
A NCDOT/FHWA Draft Environmental Impact Statement (DEIS) was approved on March
17, 1999 and on February 3, 2005 a Reevaluation of the DEIS was approved. A
NCDOT/FHWA Condensed Final Environmental Impact Statement (FEIS) was approved
on August 17, 2005 and on January 19, 2006 a Record of Decision (ROD) was issued for
the proposed Fayetteville Outer Loop, TIP U-2519 and X-0002 project, State Project
Number 8.2441301 and 8.T441302. The social, economic, and environmental impacts
associated with various alternatives, including the No-build alternative, have been
described in the above referenced environmental documents. The NCDOT/FHWA DEIS,
Reevaluation, NCDOT/FHWA FEIS and NCDOT/FHWA ROD for the Fayetteville Outer
Loop 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 provide an additional transportation corridor on
the south, west, and north sides of Fayetteville, extending from I-95 south of Fayetteville to
just west of Ramsey Street (US 401) north of Fayetteville.
Existing Site Conditions
The project is located within the Sandhills ecoregion and the Inner Coastal Plain ecoregion
of North Carolina's Coastal Plain Physiographic Province with the northern part of the
project located in the Cape Fear River Basin, USGS 8-digit hydrological unit 03030004
and the southern one fifth of the project located in the Lumber River Basin, USGS 8-digit
hydrological unit 03040203. The major tributaries to the Lumber River located within the
project area are within the Cold Camp Creek Sub-basin and are Cold Camp Creek,
Horsepen Branch, Buckhorn Swamp, and Long Branch. There are three sub-basins of the
Cape Fear River watershed located within the project area: they are Rockfish Creek which
drains the majority of the western and northern portions of the project area; Cross Creek
which drains a small part of the northeastern portion of the project area; and Carvers Creek
which drains the project area east of McArthur Road (SR 1600). Major tributaries in the
Rockfish Creek Sub-basin are Rockfish Creek, Little Rockfish Creek, Stewart's Creek,
Beaver Creek, Bones Creek, Persimmon Creek and Big Branch. Major tributaries in the
Cross Creek Sub-basin are Cross Creek and Little Cross Creek. Major tributaries in the
Carvers Creek Sub-basin are Carvers Creek and McPherson Creek
The Biotic communities identified in the project area include Mesic Pine Forest, Pine/Scrib
Oak Sandhill, Xeric Sandhill Scrub, Coastal Plain Small Stream Swamp, Coastal Plain
Semipermanent Impoundment, and Streamhead Pocosin. Topography is characterized as
gentle rolling terrain with elevations ranging from 100 feet above mean sea level (MSL) in
the stream valleys to 250 feet MSL atop the sandhill ridges.

Project Description
The following description of the work is taken from data provided by the applicant. The
27.8 mile proposed project starts at I-95 in Robeson County just south of the
Cumberland/Robeson County line and Green Springs Road (SR 1718); extends northwest
to an interchange with Leeper Road (SR 1717), crosses the Cumberland/Robeson County
line and the CSX Railroad and continues to an interchange at Lake Upchurch Road; Passes
east of Upchurchs Pond and continues northwest to an interchange with Camden Road (SR
1003) and turns north crossing King Road (SR 1112) and Stoney Point Road (SR 1104),
Century Circle (SR 1140) and the Aberdeen and Rockfish Railroad; continues north to an
interchange with South Raeford Road (US 401) and extends north between Lake Rim and
Reilly Road (SR 1403) to an interchange at Cliffdale Road (SR 1400); extends north, then
east along the Fort Bragg Military Reservation boundary to an interchange at Canopy Lane
and crosses Reilly Road (SR 1403) and Yadkin Road (SR 1415) prior to the All American
Freeway (SR 1007) interchange; continues east through interchanges with Bragg Boulevard
(NC 24) and Murchison Road (NC 87/210) and extends south of Smith Lake to an
interchange at McArthur Road (SR 1600); turns northeast and parallels Andrews Road (SR
1611) and ends just west of an existing interchange at Ramsey Street (US 401). The
Fayetteville Outer Loop is represented by two T]Ps with 10 Sections (X-0002 B & C, and
U-2519 AA, AB, BA, BB, CA, CB, DA, & E). Sections X-0002 B & C and U-2519 DA &
E have final design, sections U-2519 AA, AB, BA, BB, CA & CB are in preliminary
design.
Department of the Army authorization for actual roadway construction is only being
considered on those sections of road (X-0002 B & C and U-2519 DA & E) where final
design has been completed and where all practicable measures to minimize impacts to
waters and/or wetlands have been adopted. Work on those sections with preliminary
design, as identified above, will only be authorized after all practicable measures to
minimize impacts to jurisdiction aquatic resources have been adopted. Accordingly, NC
DOT will be required to seek modifications to the existing permit, if issued, in order to
commence work on the other sections of road identified above.
NC DOT is also proposing to provide compensatory mitigation for all impacts that have
been identified to date, including for those sections where final design has not been
completed. This proposal is more fully described below.
Jurisdictional aquatic resource impacts due to the proposed construction will occur at 32
sites. Table 1 contains a summary of the proposed jurisdictional wetland resources by TIP
section.
Table 1. Summary of Impacts
Riverine Non-riverine
Section I3ITC Wetlands Wetlands Streams (ft) Ponds (ac)
ac '` ac "
X-0002 B 03030004 0.00 0.00 213 2.58

X-0002 C 03030004 3.28 4.12 2,714 0.60
U-2519 AA 03040203 4.30 1.30 687 0.12
U-2519 AB 03030004
03040203 9.60 0.00 4,291 0.00
U-2519 BA 03030004 0.80 5.30 331 0.30
U-2519 BB 03030004 2.90 0.08 2,301 0.07
U-2519 CA 03030004 0.00 0.36 418 0.00
U-2519 CB 03030004 0.00 1.17 1,391 0.00
U-2519DA 03030004 13.44 0.08 0 0.00
U-2519 E 03030004 0.52 1.18 886 0.00
Total 34.84 13.59 13,232 3.67
NCDOT proposes to compensate for the unavoidable impacts to jurisdictional wetlands and
streams by providing off-site mitigation. As stated previously, the project is located in two
Hydrologic Units (03030004, 03040203). NCDOT has proposed the use of credits from the
Privateer Farms Wetland and Stream Mitigation Site located in the adjacent HUC
03030005 to cover 48.43 acres of jurisdictional wetland impacts and 13,2321inear feet of
jurisdictional stream impacts (Final and Preliminary Design). NCDOT proposes a credit
ratio for Privateer Farms Wetland and Stream Mitigation of 1.5 to 1.
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 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 maybe 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 Wren by August 29, 2008.
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic
Places (NHRP) 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 six properties in the project
area that were determined eligible for the National Register, including the Shaw-Gillis
Historic District, the Keithville Rental Units, the Buena Vista House, William John Gillis
House No.l, Wood's Store, and the McInnis House. Impacts to these properties were
evaluated in the Draft Section 4(f) Statement in the NCDOT/FHWA DEIS. Archaeological
field surveys have been conducted by NCDOT for the Preferred Alternative corridor. The
results of these surveys are included in Section 6.3.1 of the NCDOT/FHWA FEIS.
In coordination with the State Historic Preservation Officer (SHPO), an intensive
archaeological survey was prepared for the Preferred Alternative. The specific findings of
this survey are documented in Dimensions of Fall Line Site Function: Surveying and
Testing the West Fayetteville North Carolina Outer Loop, Technical Report #992 by New
South Associates (2002). This initial survey identified forty-six cultural resources within
the preferred corridor area. As a result of this survey, eighteen archaeological sites were
recommended as eligible for the NHRP. Of these eighteen eligible archaeological sites,
nine have been avoided by the preliminary design. The remaining nine eligible sites
(31CD64, 31CD65, 31CD871, 31CD874, 31CD882, 31CD962, 31CD965, 31CD967/967**,
and 31RB485) have a portion of their boundaries within the construction impact area of the
project. Further work (i.e. data recovery efforts) is recommended at these impacted eligible
sites.
In coordination with the SHPO and the Fort Bragg Cultural Resources Program (FBCRP),
three additional intensive archaeological surveys were prepared for expanded coverage of
the Preferred Alternative. The specific findings of these surveys are documented in three
separate addenda, which will be integrated into one appendix to be attached to the original
2002 survey report by New South Associates. As part of the first addendum (Cultural
Resources Survey of 284 Acres South of Cliffdale Road, West Fayetteville Outer Loop,
Cumberland and Hoke Counties, North Carolina), ten cultural resources were identified
within the expanded study area. As a result of this survey, one archaeological site
(31CD1178) was recommended eligible for the NRHP and has been avoided by the
preliminary design. As part of the second addendum (Cultural Resources Survey of 534
Acres North of Cliffdale Road, West Fayetteville Outer Loop, Cumberland County, North
Carolina), twenty-one cultural resources were identified within the expanded study area.
As a result of this survey, one archaeological site (31CD1181) was recommended eligible
for the NHRP and will not be impacted by the proposed design. As part of the third
addendum (Cultural Resources Survey of31 Additional Land Parcels of the Proposed West
Fayetteville Outer Loop, Cumberland and Robeson Counties, North Carolina), six cultural
resources were identified, or revisited, within the expanded study area. As a result of this

survey, the historic archaeological component of site 31CD967/967** will requires a GPR
survey in order to determine the locations of unmarked burials that may or may not be
impacted by the proposed project. If burials associated with 31CD967/967** are to be
impacted by the proposed project, then such burials will be relocated per applicable State
statutes (i.e. NC GS 65 or NC GS 70.3) after consultation with the Office of State
Archaeology.
In April 2005, a Memorandum of Agreement (MOA) between the Federal Highway
Administration (FHWA), the North Carolina Department of Transportation (NCDOT), and
SHPO was generated regarding the implementation of mitigation efforts for all ten
archaeological sites listed in Table 1.
Table 1. Archaeological Sites Referenced in the MOA

TIP
NRHP
Resource Impacted
NCDOT On Ft.
Site Number by the Bragg
Section Status Type j Recommendation
pro
ect pro e
31CD64 U-2519CB Eli 'ble Site Yes Phase III Data Recove Yes
31CD65 U-2519CB Eligible Site Yes Phase III Data Recove Yes
31CD871 X-0002C Eligible Site Yes Phase III Data Recove Yes
31CD874 X-0002C Eligible Site Yes Phase III Data Recove No
31CD882 U-2519CB Eligible Site Yes Phase III Data Recove No
31CD962 U-2519CA Eligible Site Yes Phase III Data Recove No
31CD965 U-2519CA Eligible Site Yes Phase III Data Recove No
31 U-2519AB Eli lble^
g Site/Cemete Ma be^
y GPR, Avoid or Relocate per No
CD967/967** GS65170
31CD976** U-251 9BA --- Cemetery Yes Avoid or Relocate per GS No
65170
31RB485 U-251 9AA Eligible Site Yes Phase III Data Recove No
*All Sites listed are located within the project corridor. Those marked "Yes" will be impacted to some degree by the project (i.e. they aze within 10 ft. of the cubfill
construction line).
^The prehistoric component of Site 31 CD967/967** will be avoided by the project; however, OPR is requved in order to delineate the historic cemetery component,
which mayor may not be impacted by the project.
Endangered and Threatened Species
The United States Fish and Wildlife Service list seven federally protected species for
Cumberland, Hoke, and Robeson Counties as of the January 31, 20081isting (Table 2).
Table 2. Federally Protected Species in Cumberland, and Robeson Counties
Common Name Scientific Name Federal Habitat Biological
Status Present Conclusion
American alli ator Alligator mississippiensis T (S/A) N/A N/A
Red-cockaded woodpecker Picoides borealis E Yes May affect, not
likely to adversely
affect
Saint Francis' satyr butterfly Neonympha mitchellii E Yes May affect, not
ancisci likel to adversel

affect
American chaffseed Schwalbea americana E Yes No Effect
Michaux's sumac Rhus michauxii E Yes No Effect
Pondberry Lindera melissifolia E Yes No Effect
Rough leaved loosestrife Lysimachia asperulifolia . E Yes No Effect
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 five of the listed species known to occur within Cumberland and
Robeson Counties. These species are the American alligator, Alligator mississippiensis;
Michaux's sumac, Rhus michauxii; American chaffseed, Schwalbea americana ; Rough-
leaved loosestrife, Lysimachia asperulifolia; and Pondberry, Lindera melissifolia.
However, It has been determined that the proposed project activities requiring DA
authorization may effect the Red-cockaded woodpecker (RCW), Picoides borealis, and
Saint Francis' satyr butterfly, Neonympha mitchellii francisci, federally listed endangered
species.
NCDOT prepared a Biological Assessment (BA) providing biological conclusions for the
red-cockaded woodpecker (RCW), which was submitted to the USFWS in September
2004. A separate BA for the remaining federally protected species listed in Cumberland,
and Robeson Counties was submitted in January 2005.
In a Biological Opinion (BO) dated March 28, 2005, the USFWS concurred with NCDOT's
BA of No Effect (or Not Applicable in the case of American alligator) for the five species
listed in Table 2 above. A BO for impacts to Red-cockaded Woodpecker was rendered by
USFWS in Apri12005. Detailed results of the 2007 and 2008 resurveys by NCDOT will be
forwarded to USFWS under separate cover once final resurveys are completed later in
2008. Resurveys will also be conducted at least one year prior to construction as other
sections of the proposed project near their respective let dates, the results of which will also
be forwarded to USFWS. 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 maybe expected to accrue from the proposal
must be balanced against its reasonably foreseeable detriments. All factors which maybe
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. 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 8, 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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