HomeMy WebLinkAbout20200628 Ver 1_Public Notice_20200527EM:11
US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: May 21, 2020
Comment Deadline: June 22, 2020
Corps Action ID Number: SAW-2016-01337
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 fill material into waters of the United States associated with
the proposed 28.8 miles of the proposed widening and extension of Big Mill Farm Road,
and widening of Hopkins Road from I-40 Business/US 421 to West Mountain Street,
with a new partial cloverleaf interchange at I-40 Business/US 421, in Forsyth County,
North Carolina (STIP No. U-5760).
Specific location information is described below. Construction plans are not attached to
this Public Notice due to the large number of pages. However, electronic copies of this
Public Notice and the construction plans can be found at:
http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Public-Notices/ .
Applicant: North Carolina Department of Transportation (NCDOT)
Division 9
Attn: Amy Euliss
375 Silas Creek Parkway
Winston Salem NC 27127
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:
M 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)
Version 6.15.2017 Page 1
Location
Nearest Town: Kernersville
River Basin: Upper Yadkin Nearest Waterways: Kerners Mill and Swift Creeks
Latitude and Longitude (near center of project at Woodfield Drive): 36.123 N,-80.110
Existing Site Conditions
The project impact sites are typical central piedmont perennial streams, and typical upper
piedmont forested wetlands. Topography in the project vicinity is comprised of gently
rolling hills with very narrow, level floodplains along streams. Land use in the project
vicinity consists primarily of residential development, with some commercial
development, and some intact tracts of forest.
The NC Division of Water Resources (NCDWR) Best Usage Classification for the
impacted streams is WS-III.
Applicant's Stated Purpose
The primary purpose of the project is to reduce congestion. Additional purposes for this
project include improving mobility and access to major highways in west Kernersville as
well as accommodating economic development expansion in the area.
Project Description
STIP No. U-5760 is a state -funded project and the Corps is the lead federal agency. An
environmental document was not required by the State Environmental Policy Act.
Instead, a Minimum Criteria Determination Checklist (MCDC) for the proposed project
was completed in October 2018.
NCDOT proposes to widen and extend Big Mill Farm Road and widen Hopkins Road
from I-40 Business/US 421 to West Mountain Street with a new partial cloverleaf
interchange at I-40 Business/US 421, with a loop and ramp in the northwest and
southeast quadrants.
NCDOT proposes a four -lane typical section with a 23-foot median, four -foot bike lanes,
and sidewalks on both sides is proposed from the existing Harmon Creek Road across the
proposed I-40 Business interchange, and a two-lane typical section with a 23-foot
median, bike lanes, and sidewalks is proposed from the north of the interchange to West
Mountain Street.
Proposed impacts to jurisdictional areas total 0.11 permanent wetland impacts, 1,372
linear feet of permanent stream impacts, and 266 linear feet of temporary stream impacts.
Detailed design plans and information about the proposed mitigation sites are available
for review at the U.S. Army Corps of Engineers Regulatory Field Office at 3331 Heritage
Version 6.15.2017 Page 2
Trade Drive, Suite 105, Wake Forest, North Carolina 27587 (Call ahead to arrange a time
for review at (919) 554-4884. ext. 23).
Avoidance and Minimization
NCDOT employed multiple strategies to avoid and minimize impacts to jurisdictional
areas in its design for this project. Preliminary designs were adjusted to avoid and/or
minimize impacts to jurisdictional features.
For those impacts to jurisdictional streams and wetlands that cannot be avoided in their
entirety, minimization efforts were utilized throughout the planning and design process.
These are listed below.
• NCDOT's Best Management Practices (BMPs) for the Protection of Surface
Waters will be enforced;
• Impacts to wetlands, streams, and open waters were avoided and/or minimized
by adjusting the alignment to follow a best -fit and use a two-lane typical section
instead of a four -lane typical section;
• Retaining walls, including one in the southwest quadrant of the proposed
interchange, have been proposed to minimize impacts to streams;
• An interchange alternative with impacts to only two quadrants, as opposed to
three or four quadrants, was selected to minimize impacts to streams SD and SJ;
• Sidewalk moved to the back of curb to reduce the typical section width near
Timberwood Trail to minimize parallel stream impacts to stream SN;
• Shifted horizontal alignment west near Kerners Mill Creek to minimize parallel
stream impacts to stream SN;
• A 2:1 slope is proposed along I-40 Business, near stream SD, to minimize the
impacts due to the culvert extension;
• A 2:1 slope is proposed near stream SS and wetland WC to minimize impacts;
• All storm drainage will be diffused and designed for non -erosive velocities before
entering stream and wetland areas to the maximum extent practicable;
• Rip rap stabilization on banks of jurisdictional streams will be implemented to
prevent erosion;
• Proposed stream impacts (1,372 linear feet) for the proposed project decreased
from the impacts calculated for the MCDC (1,430 linear feet). This decrease is due
to the preliminary nature of the MCDC and the assumption of 25 linear feet of
impact beyond the slope stakes which have been reduced during final design. In
addition, several design enhancements have been incorporated to minimize
impacts, including proposed 2:1 slopes and shifting the southbound right turn lane
further south to minimize impacts near Kerners Mill Creek.
• The final proposed wetland impacts (0.11 acre of permanent wetland impacts)
have been avoided and/or minimized by adjusting the alignment to follow a best -
fit and proposing 2:1 slopes at specific locations during the final design. In
addition, close coordination with utility companies relocations has reduced or
avoided impacts where possible.
Version 6.15.2017 Page 3
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment, i.e., wetland and stream loss: NCDOT is
proposing payment to the NC Division of Mitigation Service In -lieu -fee Program
(NCDMS ILF) for compensatory stream and wetland mitigation for all permanent
impacts.
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:
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 (December 15 and 16, 2016 NCDOT archaeological
survey). The Corps subsequently requests concurrence from the SHPO (or
THPO).
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 may affect federally listed
endangered or threatened species or their formally designated critical habitat:
The Corps reviewed this project in accordance with (IAW) the Northern
long-eared bat (NLEB) Standard Local Operating Procedures for
Endangered Species (SLOPES) between the Corps, Wilmington District,
and the Asheville and Raleigh U.S. Fish and Wildlife Service (Service)
Offices, and determined that the action area for this project is located
outside of the highlighted areas/red 12-digit HUCs and activities in the
action area do not require prohibited incidental take; as such, this project
meets the criteria for the 4(d) rule and any associated take is
exempted/excepted.
Version 6.15.2017 Page 4
IAW the NLEB SLOPES, the Corps coordinated by email with the Service
on May 12, 2020, informing them about this project. The Corps is not
aware of the presence of any other species listed as threatened or
endangered, or their critical habitat
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 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 11, 2020 to:
NCDWR Central Office
Attention: Ms. Amy Chapman, Transportation Permitting Unit
(USPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699-1617
Or,
(physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604
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.
Version 6.15.2017 Page 5
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, June 22, 2020. Comments should be
submitted to Eric Alsmeyer, Raleigh Regulatory Field Office, 3331 Heritage Trade Drive,
Suite 105, Wake Forest, North Carolina 27587, at (919) 554 - 4884 x23.
Version 6.15.2017 Page 6
Legend
TIP U-2579 Study Area
u Project Study Area
Kernersville
Winston-Salem
Forsyth County
Tennessee
11
0 2,000 4,000
Feet
Virginia ,tl I SURRY STOKES
YADKIN
Project Location I GUILFORD
South '✓
0 40 80 Carolina 0 6 12 j DAVIDSON
� Miles Atlantic Ocean Miles ; ' RANDOLPH
&,� Figure 1: Vicinity Map
t. TIP U-5760
Widen Big Mill Farm Road and Hopkins Road from
south of 1-40 Business/US 421 to West Mountain Street
•�''�"'�y Kernersville, Forsyth County
4.4
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Feet
�.h q Figure 2: USGS Topographic Map
TIP U-5760
Widen Big Mill Farm Road and Hopkins Road from
09 south of 1-40 Business/US 421 to West Mountain Street
Kernersville, Forsyth County
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LOCATION: HOPKINS ROADWG MILL FARM ROAD IN RERNERSPHIE FROM
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SOUTH OF US 4247-00 BUSNC 150 TO NC 66 (W MOUNTAIN ST)
OTYPE
OF WORX GRADING, DRAINAGE, PAVING, SIGNALS, CULVERTS, RETAINING WALLS, AND STRUCTURES
PrtRV
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DRAFT PERMIT PACKAGE
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THIS IS A PARTIAL CONTROLLID-ACCESS PROJECT WITH ACCESS LIMITED TO POINTS AS SHOWN ON THE PUNS
CLEARING ON T115 PROJECT SHALL RE PERFORMED TO
THE LIMITS ESTABLISHED BY METHOD 01
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MS PROJECT IS WITHIN THE MUNICIPAL BOUNDARIES OF ME TOWN OF RERNE"LLE
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GRAPHIC SCALES
DESIGN DATA
PROJECT LENGTH
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sB ?5 p 50 1pB
MDT 2023 a 14,100
MOT 20/0 = In
LENGTH ROADWAY TIP PROTECT U-5]60 = 1.998 MILES
LENGTH STRUCTURES TIP PROJECT U-5)60 0.036 MILES
TNA NrmT BY.
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TOTAL LENGTH TIP PROJECT U-5]60 2.034 MILES
PLANS
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REGIOTIER
WETLAND AND SURACE WATER IMPACTS SUMMARY
WETLAND IMPACTS SURFACE WATER IMPACTS
Site
No.
Station
(Fmm/To)
Structure
Size/Type
Permanent
Fill In
Wetlands
(ac)
Temp.
Fill In
Wetlands
(a:)
Excavalan
in
Wetlands
(ac)
ttednadud
Clearig
in Wetlands
(ac)
Hand
Clearing
in
Wetands
(ac)
Permanent
SW
impacts
(ac)
Tarty.
SW
Impacts
(ac)
Exis"
Channel
Impacts
Permanent
(a)
Edstng
Channel
hnpxts
Temp.
(R)
Natural
Stream
Design
(8)
1A
58+66/59+59 -Yl-
1 a 6' x V RCBC Extenabn
< 0.01
25
58+66159+59 -Y1- (LT)
Channel lmpmvemanb
40.01
0.02
31
82
1B
21+97/25+90 -L- T)
1 a Tx T RCBC Extension
0.09
522
21+97125+90 -L- (RT)
Chanel MnpmVemen is
< 0.01
< 0.01
20
20
2A
83+4065+80 -L-
Fill
< 0.01
40.01
0.02
< 0.01
233
10
2B
86+3&68+80 -L- (2T)
W RCP
< 0.01
24
Chanel Impmvements
-0.01
< 0.01
25
10
2C
89+96I90+79 -L-
Roadway Fill
4001
< 0.01
82
10
3
83+60184+62 -L-
Roadway Fill
40.011
< 0.01
4A
90+74/91+16 -L-
2 10' x 1(rRCBC
0.02
61
Chanel improvernems
0.01
0.01
30
26
48
90+59f91+00 -L-
Channel Improvements
0.01
< 0.01
35
19
5
91+60W+06 -L- (LT)
RoadwW Fr
< 0.01
0.01
6A
96+98198+97 -L-
48' RCP
0.01
122
Chanel Change
< 0.01
< 0.01
70
22
Roadway Fill
0.09
68
95+22/96.53 {-
54' RCP
< 0.01
82
Channel improvernerits
<0.01
<0.01
to
55
TOTALS*:
0.09
-0.01
0.01
021
0.04
1372
268
0
*Rounded totals are sum of actual Impacts
NOTES: