20161268 Ver 3_PUBLIC NOTICE_20200417

US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: April 8, 2020
Comment Deadline: May 8, 2020
Corps Action ID Number: SAW-2007-01386
The Wilmington District, Corps of Engineers (Corps) received an application from the
North Carolina Department of Transportation seeking Department of the Army
authorization to discharge dredged or fill material into waters and wetlands of the US in
Hydrologic Unit Codes (Cape Fear 03030007 and White Oak 03020302), associated with
Transportation Improvement Project R-3300 (Hampstead ByPass) Section B in Pender
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:
https://www.saw.usace.amiy.mil/Missions/Re ulatory-Permit-Program/Public-Notices/
Applicant: North Carolina Department of Transportation
Attn: Mr. Chad Kimes, PE, Division 3 Engineer
5501 Barbados Blvd
Castle Hayne, NC 28429
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:
® Section 404 of the Clean Water Act (33 U.S.C. 1344)
❑ Section 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)
Location
Location Description: This leg of the Hampstead Bypass (R-330013) begins just south of
NC 210 in Hampstead and extends north to SR 1563 (Sloop Point Loop Road) located
north of Hampstead and south of the Holly Shelter Game Lands, Pender County.
Project Area (miles): 6.916 Nearest Town: Hampstead
Version 6.15.2017 Page 1

Nearest Waterway: Multiple Waterways (Winding Branch, Brick Yard Branch,
Godfrey Creek, Little White Marsh, and White Marsh Branch)
River Basin: Cape Fear and White Oak
Latitude and Longitude: centrally located 34.3361 N,-77.7883 W
Existing Site Conditions
The majority of the land use within this section of the ByPass is Forest Land with the
exception of the intersection areas at NC 210 and Hoover Road where some residential
building exists.
Detailed information regarding the Human Environment, Physical Environment, and
Natural Environment has been discussed in detail within the National Environmental
Policy Act (NEPA) documentation. A link to this information is:
https://www.ncdot.gov/projects/IJS 17HampsteadBypass/
Applicant's Stated Purpose
The applicant's purpose as stated in the State Record of Decision (SROD) is to improve
the traffic carrying capacity and safety of the US 17 and Market Street corridor in the
study area.
Project History
In addition to R-330013, there are two other sections associated with this project. A
phased permit was issued in August 2017 where U-4751 Military Cutoff Extension was
permitted with final design and Hampstead Bypass Section A & B were permitted with
only preliminary design. This modification request updates the final impacts to the R-
3300B section of this project. R-3300A will be permitted at a later date.
The August 2017 permit contained the following condition: The modification request for
future R-3300 will be recirculated under Public Notice to gather relevant comments
related to finalized hydraulic structures and other modifications realized during final plan
preparation. This Notice has the final permit drawings that were not prepared at the time
of the Record of Decision and initial permit authorization.
Project Description
The US 17 Hampstead Bypass will be constructed as a freeway mostly on new location.
The US 17 Hampstead Bypass will connect to the Military Cutoff Road Extension at the
existing US 17 Wilmington Bypass (currently under construction) and extend to existing
US 17 north of Hampstead. Full control of access is proposed for the US 17 Hampstead
Bypass. R-3300B (portion requested for authorization and the subject of this modification
request) begins around NC 210 and extends to Sloop Point Loop Road, approximately
6.916 miles. R-3300A will be requested for authorization in future years.
Version 6.15.2017 Page 2

Project Schedule for R-3300A & B
Section
Letting Type
Let Date
R-3300B
Traditional
September 2020
R-3300A
Traditional
2022
R-3300B will require the following impacts to complete construction:
Summary of Wetland and Stream Impacts for R-3300B
Permanent Wetland
Temporary Wetland
Section
ac.)
(ac.
Permanent
Temporary
Riparian
Non-
Riparian
Non-
Stream (It)
Stream (If.)
riparian
riparian
B
16.743
55.428
0.672
0
5,780
489
Additionally, the project will require 1.510 acres of hand clearing that will result in
permanent forest conversion (cutting and maintaining a mature forest into grassed or
scrub shrub environment).
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-3300B. Using these surveyed features, final 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 its designs. Many of these
strategies have been incorporated into Best Management Practice (BMP) 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:
No staging of construction equipment or storage of construction supplies will be
allowed in wetlands or near surface waters.
To ensure that all borrow and waste activities occur on high ground, except as
authorized by permit, the NCDOT shall require its contractors to identify all areas
to be used to borrow material, or to dispose of dredged, fill or waste material.
Documentation of the location and characteristics of all borrow and disposal sites
associated with the project will be available to the US Army Corps of Engineers on
request.
A wet detention basin and dry detention basin have been designed at the northern
most interchange to provide stormwater quality and quantity control.
Offsite and roadway drainage has been separated to the maximum extent practical.
Roadway drainage systems were extended so outfalls discharge outside of wetland
areas and into uplands, wherever possible.
Version 6.15.2017 Page 3

Toe protection was added to the toe of fill slopes, in lieu of lateral ditches, in
wetland areas to minimize impacts to wetlands, where possible.
• Culverts in jurisdictional streams will be buried to promote fish passage.
Constructed box culverts will be backfilled with native material excavated from the
stream channel to provide natural substrate. Where multiple barrel culverts are
proposed, sills and floodplain benches will be constructed to natural stream
dimensions and profiles.
Perpendicular stream crossings have been used where possible.
• 3:1 side slopes were designed throughout the project within jurisdictional areas
with the exception of two locations of 4:1 slopes within an interchange (as a driver
safety measure) and a 2:1 slope on the edge of a pond and at a culvert extension
near Sloop Point Road.
Equalizer pipes have been added to wetland crossings to maintain hydraulic
connectivity to the maximum extent practicable.
Temporary fill for detours within jurisdictional areas will be placed on geotextile
fabric so natural ground elevation can be restored to preexisting conditions.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment: The applicant has made a request to the NC
Division of Mitigation Services and will utilize purchased mitigation credits from the
Northeast Cape Fear Umbrella Mitigation Bank to satisfy the mitigation needs.
Summary of the mitigation needs broken down into the two Hydrologic Unit Codes the
project spans is below:
Summary of Mitigation Required for R-3300B
HUCa
Permanent Wetland
ac.
Temporary Wetland
(ac.
Permanent
Stream (If.)
Temporary
Stream (If.)
Riparian
Non-
riparian
Riparian
Non-
riparian
CPF-07
13.314
45.918
0.646
0
4,372b
421
WOK-02
3.429
9.510
0.026
0
1,120°
68
Total
1 16.743d
I 55.428d
0.672
1 0
5,492
489
a CPF-07 = Cape Fear 8-digit HUC 03030007; WOK -02 = White Oak 8-digit HUC 03020302.
b Permanent stream impacts in CPF-07 are 4,538 linear feet minus 166 linear feet bank
stabilization.
Permanent stream impacts in WOK-02 are 1,242 linear feet minus 122 linear feet of channel
realignment.
d An additional 0.814 acres of riparian wetlands (0.757 CPF-07 and 0.057 WOK-2) and 0.696
acres of non -riparian wetlands (0.014 CPF-07 and 0.682 WOK-2) will be permanently converted
to maintained corridors by hand clearing.
Version 6.15.2017 Page 4

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
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:
® 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.
A result of early coordination with the SHPO, a Memorandum of Agreement
has been signed by the NCDOT, UASCE, and SHPO stipulating steps to
mitigate the adverse effects to known eligible sites for the National Register
of Historic Places.
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 may affect federally listed
endangered or threatened species or their formally designated critical habitat.
Consultation under Section 7 of the ESA has already concluded resulting in a
Biological Opinion prepared by the United States Fish and Wildlife Service.
This Biological Conclusion has identified reasonable and prudent measures
and terms and conditions the applicant must adhere to if the permit is issued.
Section 408
® There are no Corps Civil Works project(s) within or in the vicinity of the applicant's
proposed project.
Other Required Authorizations
Version 6.15.2017 Page 5

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 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, Transportation 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 June 1, 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):
® 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.
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
Version 6.15.2017 Page 6

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. 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, May 8, 2020. Comments should be
submitted to Brad Shaver, Project Manager, Wilmington Regulatory Field Office,
69 Darlington Avenue, Wilmington, North Carolina 28403 , at [phone] or via
email at [e-mail].
Version 6.15.2017 Page 7