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HomeMy WebLinkAbout20070256 Ver 1_Public Notice_200701221 ~ t ~ ~~~ ~ US Army Corps Of Engineers Wilmington District ~G~~ ~t ~N2~ ~~~°~~> ~aosq~f. ~~ Z00 PUBLIC NOTICE N,,~,,~~~ ngM~q~t~ Rg~ cy Issue Date: January 19, 2007 Comment Deadline: February 19, 2007 Corps Action ID #: SAW-2007-154-189 The Wilmington District, Corps of Engineers (Corps) has received an application from the North Carolina Department of Transportation seeking Department of the Army authorization to impact 0.677 acres of jurisdictional wetlands associated with the proposed road improvements to 0.8 miles of NCSR 1110 (Old Columbia Road) in Tyrrell 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 www.saw.usace.army.mil/wetlands Applicant: North Carolina Department of Transportation 113 Airport Drive, Suite 100 Edenton, North Carolina 27932 AGENT (if applicable): Mr. Clay Willis North Carolina Department of Transportation 113 Airport Drive, Suite 100 Edenton, North Carolina 27932 Authority The Corps will evaluate this application and a decide whether to issue, conditionally issue, or deny the proposed work pursuant to applicable procedures of Section 404 of the Clean Water Act Location The proposed project is located on NCSR 1110 (Old Columbia Road) along a 0.8 mile section of unapproved (gravel) roadway betweenNCSR's 1111 and-1112, adjacent to jurisdictional wetlands connected to the Scuppernong River, southwest of Columbia, Tyrrell County, North Carolina. The project is located in the Pasquotank River Basin, Hydrologic Unit 03010205. Latitude 35.9027291N, Longitude 76.2898357W Version 12/12/05 I Existing Site Conditions Land use in the project area is primarily low-density residential, farmland and undeveloped woodland. Land use to the north of the existing road is primarily agricultural while the land south of the roadway is primarily undeveloped forested wetlands. The topography in the study area is characterized as flat. The study area is located in the Coastal Plain physiographic province of North Carolina. Applicant's Stated Purpose The purpose of this project is to upgrade an existing gravel secondary road to a roadway design that can function properly with an increase in traffic volume. Project Description The project is identified as TIP # R-4452. The following description of work is taken from data provided by the applicant. The applicant has proposed to fi110.447 acres and excavate 0.23 acres of jurisdictional wetlands to widen a 0.8 mile section of existing gravel road from 16-18 foot wide to a paved surface of 24 feet wide with 5-6 foot shoulders. The fill in wetlands will serve as the roadbed for the road improvement and the excavation in wetlands will be for drainage ditches running parallel with the road. The road has been realigned to the north through much of the project in an effort to reduce impacts to wetlands. The road shoulder in wetland areas on the southern side of the roadway was reduced to 5 feet from 6 feet to reduce wetland impacts. Were feasible roadside ditches in wetlands were eliminated. The road is being improved to handle increased traffic volumes in case traffic on US Highway 64 has to be routed along this road. Overall plans showing the location of the proposed construction and impact sites are included with this public notice. Additional detailed plans and findings for the project, including NCDOT's Apri12004, Natural Resources Technical Report, may be reviewed at the U.S. Army Corps of Engineers Regulatory Field Office at 107 Union Drive, Suite 202, Washington, North Carolina 27889. 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 Version 12/12/05 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 may be reviewed at the NCDWQ 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), 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Attention: Mr. John Hennessy by February 12, 2007. The applicant has not provided to the Corps, a certification statement that his/her proposed activity complies with and will 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 can not issue a permit for the proposed work until the applicant submits such a certification to the Corps and the North Carolina Division of Coastal Management (NCDCM), and the NCDCM notifies the Corps that it concurs with the applicant's consistency certification. Essential Fish Habitat This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the proposed project will not adversely impact EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. Cultural Resources The Corps has consulted the latest published version of the National Register of Historic Places 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. Presently, unknown archeological, scientific, prehistoric, or historical data may be located within the project area and/or could be affected by the proposed work. Endangered Species The Corps has reviewed the project area, examined all information provided by the app scant an consu to t e atest Nort Caro ma Natura Heritage Data ase. Base on available information, the Corps has determined pursuant to the Endangered Species Act of 1973, that the proposed project will have no effect on federally listed endangered or threatened species or their formally designated critical habitat. Version 12/12/05 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 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, February 19, 2007. 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