20060848 Ver 1_Public Notice_20060608

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US Army Corps PUBLIC. NOTICE
Of Engineers
Wilmington District
Issue Date: June 6, 2006
Comment Deadline: July 7, 2006
Corps Action ID #: SAW 2006 32485 234
The Wilmington District, Corps of Engineers (Corps) has received an application from
the City of Winston-Salem seeking Department of the Army authorization to impact
approximately 489.5 linear feet of stream channels and 0.12 acres of wetlands of the
jurisdictional waters of Brushy Fork Creek associated with the proposed realignment of
Bowen Boulevard at its New ~~Valkertown Road (US 311) intersection that would create a
signalized intersection between Bowen Boulevard and New Walkertown Road at
Overlook Drive, in Winston-Salem, Forsyth 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:
AGENT (if applicable):
Authority
City of Winston-Salem
P.O. Box 2511
Winston-Salem, NC 27102
S&ME, Inc.
3718 Old Battleground Road
Greensboro, NC 27410
The Corps uri11 evaluate this application ar~d 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 site is located southwest of the existing intersection of Bowen
Boulevard and New Walkertown Road (US 311) in Winston Salem, Forsyth County,
North Carolina. Coordinates (in decimal degrees) for the site are 36.1201 North, 80.2089
West. The site is adjacent to Brushy Fork Creek in the Yadkin River Basin (8-Digit
Cataloging Unit 03040101). p ~ ~ ~ a(~ fJ~ D
JUN R 2006
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Existing Site Conditions
General land use in the vicinity of the project consists of highly developed residential
neighborhoods and several commercial businesses. The project impact area is bordered
to the north by a commercial business, bordered to the east by New Walkertown Road
(US 311), bordered to the south by single family apartments, and bordered to the west by
an area controlled by the Forsyth County Airport Commission. Vegetation within the
proposed impact is mostly forested with red maple (Ater rubrum) and sweet gum
(Liquidambar styraciflua) and understory vegetation consisting of Chinese privet
(Ligustrum sinense) and multiflora rose (Rosa mult~ora). Two jurisdictional streams are
present within the property's boundaries, both are unnamed tributaries of Brushy Fork
Creek. Both stream channels have been degraded by the surrounding urban land use.
Household trash litters the greatly incised and unstable stream channels. The site also
includes an approximate 0.12 acre riparian wetland located between the two jurisdictional
stream channels. The vegetation within the wetland is predominately shrub and
herbaceous species including Japanese honeysuckle (Lonicera japonica), multiflora rose
(Rosa multiflora), and knotweed (Polygonum, spp.).
New Walkertown Road (US 311) is afive-lane undivided facility which runs from Martin
Luther King, Jr. Drive in Winston-Salem to Walkertown. It has a posted 45 miles per
hour speed limit, but operating traffic speeds on the roadway often exceed 55 miles per
hour. Fifty percent (50%) of the traffic on southbound New Walkertown Road originates
from Carver School Road. The intersection of New Walkertown Road and Carver School
Road is only 750 feet north of the intersection of New Walkertown Road and Bowen
Boulevard. The close proximity of the intersections impacted further by the traffic
volumes and average traffic speeds has resulted in serious accidents on this roadway
including several fatalities.
Applicant's Stated Purpose
As stated by the applicant, the purpose of the project is to improve traffic flow and public
safety including pedestrian safety on New Walkertown Road by relocating the Bowen
Boulevard intersection from its existing location 750 south of the existing Carver School
Road intersection.
Project Description
The project consists of the realignment of Bowen Boulevard south of its current location
to a new intersection with New Walkertown Road increasing the distance of the current
Bowen Boulevard intersection from the current Carver School Road intersection with
New Walkertown Road by approximately 1800 feet. The new intersection would be
located at the existing Overlook Dive intersection with New Walkertown Road. This
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new intersection would be controlled by a traffic signal including a signal control for
pedestrian crosswalks.
Approximately 489.5 linear feet of stream channel and 0.12 acres of wetlands of the
jurisdictional waters of Brushy Fork Creek would be piped and filled in conjunction with
the road construction.
The applicant proposes to mitigate for permanent impacts to jurisdictional waters (both
stream channels and wetlands) by payment to the North Carolina Ecosystem
Enhancement Program (EEP). By letter dated March 3, 2006, the EEP stated their
willingness to accept payment and provide 0.12 acres of riparian wetland mitigation and
4901inear feet of warm water stream channel mitigation in the Yadkin Basin (8-Digit
Cataloging Unit 03040101).
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 in the NCDWQ Central Office in Raleigh
serves as application to the NCDWQ for 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 Central
Office, 401 Oversight and Express Permits 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: Ms Cyndi Karoly by
June 3 0, 2006.
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
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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 maybe 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
applicant and consulted the latest North Carolina Natural Heritage Database. Based on
available information, the Corps is not aware of the presence of species listed as
threatened or endangered or their critical habitat formally designated pursuant to the
Endangered Species Act of 1973 (ESA) within the project area. A final determination on
the effects of the proposed project will be made upon additional review of the project and
completion of any necessary biological assessment and/or consultation with the U.S. Fish
and Wildlife Service."
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 maybe 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
4

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, July 7, 2006. Comments
should be submitted to John Thomas, Raleigh Regulatory Field Office, 6508 Falls of the
Neuse Road, Suite 120, Raleigh, NC 27615.
5

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