HomeMy WebLinkAbout20070256 Ver 1_Public Notice_200701221
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Wilmington District
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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
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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
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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.
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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.
Comments should be submitted to:
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