20200355 Ver 1_Public Notice_20200309

M
US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: March 03, 2020
Comment Deadline: April 01, 2020
Corps Action ID Number: SAW-2012-00758
The Wilmington District, Corps of Engineers (Corps) received an application from the
North Carolina Department of Transportation (NC DOT) seeking Department of the
Army authorization to discharge dredged or fill material into waters of the United States
associated with the proposed widening of US 701 Bypass in Whiteville, Columbus
County, North Carolina, TIP No. R-5020. Proposed impacts include permanent impacts
to 1,252 linear feet of streams and 8.16 acres of wetlands, temporary impacts to 134
linear feet of streams and 0.04 acre of wetlands (along with 0.39 acre of hand clearing to
wetlands).
Specific location information is described below. Construction plans are not attached to
this Public Notice due to the large number of pages. However, all construction plans can
be found at the Wilmington District Web Site along with this Public Notice:
hhtt s://www.saw.usace.army.millMissionsIRe ug latory-Permit-Prowram/Public-Notices/
If you wish to have a paper copy of this Public Notice and/or the construction plans,
please contact the individual identified at the end of this Notice.
Applicant: North Carolina Department of Transportation (NCDOT)
Project Development and Environmental Analysis
Attn: Mr. Phillip S. Harris
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
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: 12@ 11 a W/ R D
® Section 404 of the Clean Water Act (33 U.S.C. 1344) R MAR _ 9 2020
Location
DENR-WATER RESOURCES
TRANSPORTATION PERMITTING UNIT
Location Description: The proposed project is located along US Highway 701 Bypass
(James B. White Road/South Madison Street/ J.K. Powell Boulevard) in Whiteville,
Columbus County, North Carolina.
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Nearest Town: Whiteville Nearest Waterway: Soules Swamp
River Basin: Lumber 03040206 Lat. and Long.: 34.318553 N,-78.708777 W
Existing Site Conditions
The town of Whiteville is in Columbus County, within the southern coastal plain of
eastern North Carolina. This area is characterized by broad, relatively flat topography to
gently sloping uplands with elevations ranging from 95 to 131 feet above sea level.
Columbus County is the third -largest county in North Carolina encompassing 954 square
miles, with a 2010 US Census population of approximately 58,098; the City of Whiteville
is the largest city in Columbus County and is the county seat, with a population of 5,394.
Land within the study area is mostly developed, with residential and commercial areas
located along existing US 701 Bypass through the town of Whiteville.
Five terrestrial communities were identified in the study area: maintained/disturbed,
mesic mixed hardwood forest, brown -water bottomland hardwoods, brown -water
bottomland hardwoods, and cypress -gum swamp.
Water resources in the study area are part of the Lumber River Basin (U.S.
Geological Survey [USGS] Hydrologic Unit 03040206). Nine (9) jurisdictional streams
and twenty-three (23) jurisdictional wetlands have been identified in the study
area. Named streams in the project area include the Soules Swamp and unnamed
tributaries to Deep Branch, Richardson Swamp, and Mollie Branch. One open water
(excavated in high ground) exists within the project area.
There are no designated High -Quality Waters (HQW) or water supply watersheds (WS-I
or WS-II) within one mile downstream of the study area. All the streams within the study
area have the best usage classification of C; Sw. No streams within the study area, or
within one mile downstream of the study area, are identified on the North Carolina 2014
Final 303(d) list of impaired waters. In addition, there are no designated anadromous fish
waters or Primary Nursery Areas present in the study area.
Applicant's Stated Purpose
The purpose of the proposed project is to increase the traffic carrying capacity and safety
of the US 701 Bypass within the project limits. Improvements to US 701 Bypass are
needed to provide adequate capacity for future traffic volumes in the project study area.
With no improvements, US 701 Bypass is projected to operate at level of service (LOS) E
along with the two-lane segments under future (2035) conditions. LOS is a qualitative
measure used to describe the operating conditions of a roadway. LOS is generally
described in terms of factors such as speed, travel time, freedom to maneuver, traffic
interruptions, driver comfort and convenience, and safety. LOS is represented by a letter
ranking from "A" to "F", with "A" representing free -flowing conditions and "F"
representing traffic -breakdown conditions.
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The proposed four -lane median divided facility would improve the overall mainline
operations on US 701 Bypass in the project study area to LOS C with 2035 traffic
volumes. Improvements to US 701 Bypass are also needed to provide increased safety on
the roadway in the project study area.
The current crash rates on US 701 Bypass exceed the statewide average, and critical
crash rates for similar facilities for every crash type analyzed, except for the critical fatal
crash rate. The project improvements are expected to result in a safer facility for all
roadway users, including vehicles, bicycles, and pedestrians.
Project Description
The project corridor is 5.3 miles long and separated into two sections: Section A: US 701
Bypass from SR 1166 (Pleasant Plains Road) to SR 1437 (Virgil Avenue) (approximately
3.1 miles); and Section B: US 701 Bypass from SR 1437 (Virgil Avenue) to US 74/76
Bypass (approximately 2.2 miles). Because the funding is divided into phases, NCDOT
has proposed that the project will be constructed in phases. Any authorization (permit)
that the Corps may issue for this project would be modified to allow construction of
subsequent phases that correspond with the construction schedule. As stated below,
Section B will be constructed first, therefore final design has been completed for this
phase.
Because Section A would be constructed later, preliminary designs have been completed
with impacts estimated based on design slope stake limits plus a 25-foot buffer.
Construction on these phases would not be authorized until final designs are complete,
compensatory mitigation has been approved, and all permits modified to reflect any
additional avoidance and minimization efforts.
Section A: Estimated impacts to waters are based on preliminary plans and described as a
total of 1,207 linear feet of permanent impact and <0.01 acre of temporary impacts to
jurisdictional streams. There are a proposed 7.95 acres of permanent impact to riparian
wetlands, with an additional 0.39 acre of hand clearing. As stated above, a permit
modification request would be required upon final plan completion.
Section B: Based on final design the proposed impacts to jurisdictional areas total 55
linear feet of permanent impact and 31 linear feet of temporary impact to jurisdictional
streams. There are a proposed 0.21 acre of permanent impact and 0.04 acre of temporary
impact to riparian wetlands.
Impacts to jurisdictional streams and wetlands are outlined in the tables below.
Table 1. R-5020 B Wetland Impacts (FINAL DESIGN PLANS)
Permit Drawing
Site Number
Wetland Type
Permanent Impact
(acres)
Temporary Impact
(acres)
3
Riparian
0.21
0.04
6
Riparian
<0.01
--
TOTAL:
0.21 acre
0.04 acre
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Table 2. R-5020 B Stream Impacts (FINAL DESIGN PLANS)
Permit
Stream Name
Impact Type
Permanent
Temporary
Drawing Site
(linear ft)
(linear ft)
Number
1
UT to Mollie
Outlet Protection
20
Branch
2
UT to Mollie
36"pipe
20
11
Branch
(extension/replacement)
4
UT to Mollie
15" pipe outfall
6
10
Branch
5
UT to Mollie
15" pipe outfall
9
10
Branch
TOTAL:
55 linear feet
31 linear feet
Table 3. R-5020 A Wetland Impacts (Preliminary Design)
Permit Drawing Site
Number
Wetland Type
Permanent impact (acres)
1
Riparian
0.09
2
Riparian
0.22
3
Riparian
0.01
4
Riparian
0.08
8
Riparian
0.05
10
Riparian
<0.01
12
Riparian
0.02
14
Riparian
0.19
15
Riparian
0.25
16
Riparian
6.95
TOTAL:
1 7.87 acres
*An additional 0.39 acre of hand clearing in wetlands at Sites 9 and 16 is proposed.
** There will also be an additional 0.08 ac for total take of wetlands at Site 15.
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Table 4. R-5020 A Stream Impacts (Preliminary Design)
Permit
Stream
Impact Type
Stream
Permanent
Temporary
Drawing
Name
Type
Impact
Impact (
Site
(linear ft)
linear ft)
Number
I
UT to Deep
60" Pipe
Perennial
46
8
Branch
(extend/replace/bank
stabilization)
2
UT to Deep
60" Pipe
Perennial
80
15
Branch
(extend/replace/bank
stabilization
5
UT to Deep
Fill
Intermittent
146
--
Branch
6
UT to Deep
Fill/2 48"
Intermittent
461
25
Branch
pipesibank
stabilization
7
UT to
Fill
Intermittent
76
15
Richardson
Swam
8
UT to
54" Pipe
Perennial
21
5
Richardson
(extend/replace)
Swam
11
UT to
Drainage Inlet
Intermittent
--
7
Richardson
Swam
13
UT to
Fillibank
Perennial
139
12
Richardson
stabilization
Swam
18
UT to
Riprap channel
Perennial
238
16
Richardson
Swam
TOTAL:
1,207 It
103 ft
Open Waters: For the preliminary drawings for Section A, Site 17/17A was considered
to be a tributary to Waters of the U.S. Preliminary impacts to this site are <0.01 acre.
Avoidance and Minimization
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-5020. Using these features,
preliminary designs were adjusted to avoid and/or minimize impacts to jurisdictional
areas. NCDOT employs many strategies to avoid and minimize impacts to jurisdictional
areas in all designs.
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Many of these strategies have been incorporated into Best Management Practice
documents that have been reviewed and approved by the resource agencies and which
will be followed throughout construction. All wetland areas not affected by the project
will be protected from unnecessary encroachment.
Individual avoidance and minimization items are as follows:
• The proposed curb and gutter was extended to avid impacts to a cemetery
adjacent to the existing road, which also reduced impacts to wetlands in this area.
• At Wetland Site WL (Soules Swamp), existing US 701 Bypass will be widened to
the east, this will reduce wetland impacts by approximately 0.9 acre.
• The use of 3:1 slopes in wetland areas to reduce wetland impacts.
• The preferred alternative would bridge the man-made ditch (i.e., unnamed
tributary to Soules Swamp) parallel to Main Street and the railroad tracks, thereby
not impacting this tributary.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment: The unavoidable permanent stream impacts of
1,262 linear feet and wetland impacts of 8.16 acre will be offset by compensatory
mitigation provided by the North Carolina Department of Environmental Quality
(NCDEQ)-Division of Mitigation Services (DMS).
Essential Fish Habitat
The Corps' 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
The Federal Highway Administration (FHWA) is the lead federal agency for this project
and, in accordance with Section 106 of the National Historic Preservation Act (NHPA),
will make determinations and request concurrence with these determinations from the
North Carolina State Historic Preservation Office (NCSHPO).
According to the FHWA, the study area includes two historic resources that are either on
the National Register of Historic Places (NRHP) or eligible for inclusion on the Register,
the Beth Israel/Whiteville Hebrew Center and the Williamson House. Based on
consultation with the NCSHPO, the historic resources are evaluated in accordance with
Section 106 of the NHPA and the effects on the property are determined based on the
magnitude of the effect on the property. Three classifications are included in the
evaluation: "no effect," "no adverse effect," and "adverse effect." The proposed project
widens existing US 701 Bypass to the west in the vicinity of the Beth Israel/Whiteville
Hebrew Center in order to minimize impacts to the historic property. However,
approximately 0.05 acre of new right-of-way will be required from the historic property.
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This new right-of-way will not affect the building, but will require the removal of several
small trees. As a result, it was determined the project would have no adverse effect on
this property if a landscape plan is prepared and implemented in coordination with the
property owner.
The Williamson House is located several hundred feet away from US 701 Bypass. No
right-of-way or easements will be required from the Williamson House property, and no
construction is proposed adjacent to the property. The proposed project will have no
effect on the Williamson House.
On January 13, 2015, the NCSHPO concurred with the effect determinations for the
NRHP eligible properties. However, concurrence with the no adverse effect
determination for the Beth Israel/Whiteville Hebrew Center was based on the condition
that a landscape plan for the portion of the property along US 701 Bypass is created and
implemented in coordination with the property owner.
In a letter dated May 15, 2012, the NCSHPO indicated no known archaeological sites
within the project study area and did not recommend an archaeological study be
conducted.
Endangered Species
The Federal Highway Administration (FHWA) is the lead federal agency for this project.
In accordance with Section 7(a)(2) of the Endangered Species Act (ESA), the FHWA has
made determinations of effect to federally listed species and received concurrence with
these determinations from the United States Fish and Wildlife Service (USFWS).
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 ESA for five years for all NCDOT projects with a
federal nexus in Divisions 1-8, which includes Columbus County (where TIP R-5020 is
located).
Additionally, informal concurrence for biological conclusion of May Affect, Not Likely
to Adversely Affect was requested for the wood stork (Mycteria americana) from the
USFWS on October 24, 2019. Concurrence was received on October 28, 2019 agreeing
with FHWA's biological conclusion.
Other Required Authorizations
The Corps forwards this notice and all applicable application materials to the appropriate
State agencies for review.
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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. Unless NCDWR is granted a time review extension, 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 23, 2020 to:
NCDWR Central Office
Attention: Ms. Amy Chapman, Transportation Permitting Unit
(LISPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699-1617
Or,
(physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604
North Carolina Division of Coastal Management (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.
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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.
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 will 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, April 01, 2020. Comments should be
submitted to Ms. Liz Hair, Wilmington Regulatory Field Office, 69 Darlington Avenue,
Wilmington, North Carolina 28403 , at [phone] or by email at
[e-mail].
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