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US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: November 18, 2020
Comment Deadline: December 18, 2020
Corps Action ID Number: SAW-2008-01509
The Wilmington District, Corps of Engineers (Corps) received an application from the
North Carolina Department of Transportation(NCDOT) seeking Department of the Army
authorization associated with the construction of a new interchange at the intersection of
NC 87 (Old Stage Highway) and NC 11(General Howe Highway) in Columbus County,
North Carolina.
Specific location information is described below. Construction plans are not attached to
this Public Notice due to the large number of pages. However, all construction plans can
be found at the following link within the Wilmington District Web Site along with this
Public Notice:
https://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Public-Notices/
If you wish to have a paper copy of this Public Notice and/or the construction plans,
please contact the individual identified at the end of this Notice.
Applicant: North Carolina Department of Transportation
Mr. Philip S. Harris, III, P.E., C.P.M.
Environment Analysis Unit
1598 Mail Service Center
Raleigh,North Carolina 27699
AGENT (if applicable): N/A
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)
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❑ Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972
(33 U.S.C. 1413)
Location
Location Description:
Project Area: 1.7 miles
Nearest Town: Riegelwood
Nearest Waterway: Cape Fear River
River Basin: 03030005
Latitude and Longitude: 34.376275 N, -78.277352 W
Existing Site Conditions
The R-2561 CA project corridor is located at the existing at grade intersection of NC 87
and NC 11, approximately 14 miles north of the town of Riegelwood in Columbus
County. The project is located in the Cape Fear River Basin and lies within Hydrologic
Unit Codes (HUCs) 03030005 and is located within the Southern Inner Coastal Plain eco-
region. The project crosses Weyman Creek as well as several unnamed tributaries to
waters of the US, and multiple wetlands. In the project study area,NC 87 is a two-lane,
undivided road with a speed limit of 55 mph. It holds a minor arterial classification. NC
11 is also as two-lane,undivided road except for medians at its intersection with NC 87.
It is classified as a major collector road and has a speed limit of 55 mph. A conventional
intersection currently exists on-site with a four-way stop, rumble strips and flashing red
lights.
Applicant's Stated Purpose
The applicant's stated purpose is to increase capacity on NC 87, a key link between Bladen
and Columbus Counties,while also improving mobility and safety at the intersection.NC 87
is a major north-south expressway that connects eastern Columbus County to both
Elizabethtown and Fayetteville in the northwest, and Leland and Southport in the south.NC
11 connects the area with Wallace and Kinston in the northeast.
Project Description
The NCDOT proposes to convert the at-grade intersection of NC 87 (Old Stage
Highway) and NC 11 (General Howe Highway) to an interchange. NC 11 will travel over
NC 87 on an overpass. The project is approximately 1.7 miles in length.
The project would involve the replacement of the existing intersection with a partial
diamond interchange and include the construction of a loop on-ramp and diagonal off-
ramp in the northwest quadrant, and a loop off-ramp and diagonal on-ramp in the
southeast quadrant of the intersection. No ramps are proposed in the northeast quadrant in
order to avoid impacts to a historic property and community resource, Weyman Chapel
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and Cemetery. Additionally, ramps are not proposed in the southwest quadrant in order to
minimize impacts to an active farm adjacent to the intersection.
NC 87 would be widened from Andrews Drive to a point between Narrow Gap Road and
Hammond Grove Lane. Dedicated left-turn lanes are proposed at Andrews Drive,
Woodyard Road and Narrow Gap Road, and a U-turn bulb would be constructed between
Narrow Gap Road and Hammond Grove Lane. Additionally, an access road is proposed
to be constructed off Andrews Drive, in order to provide access to parcels that will lose
driveway access along NC 87. Two culverts, which carry Weyman Creek under NC 87
and NC 11, would be replaced by two bridges over NC 87, and a single bridge over NC
11. NC 11 would remain an undivided two-lane roadway. Right of way acquisition began
in late 2019, and the proposed construction schedule would begin work in April of 2021.
Proposed permanent impacts to wetlands total 3.5 acres (direct fill, excavation and
mechanized land clearing). Permanent impacts to stream features total 585 linear feet
associated with culvert placement and bank stabilization. Approximately 0.35 acres of
wetlands is proposed to be hand cleared. Temporary stream impacts total 223 linear feet.
See project plans for detailed permit impact sites.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or
minimize impacts to the aquatic environment: Avoidance and minimization of impacts to
protected and valued resources were incorporated throughout the design process.
Alternative designs were reviewed in order to reduce adverse impacts to protected
resources, while also meeting the purpose and need for the project. Alternative 4 was
selected as the preferred alternative as it enhances safety and improves capacity while
reducing environmental impacts. Alternative 4 includes the replacement of the existing
intersection with a partial-diamond interchange as well as the construction of a loop on-
ramp and diagonal off-ramp in the northwest quadrant, and a loop off-ramp and diagonal
on-ramp in the southeast quadrant of the intersection.
Ramps and loops were located to avoid impacts to environmental resources (streams,
ponds, and wetlands), existing residences, and a historic property located in the northeast
quadrant of the interchange. No ramps will be constructed in the northeast quadrant to
avoid impacts to a historic property and community resource, Weyman Chapel and
Cemetery. No ramps will be constructed in the southwest quadrant in order to minimize
impacts to an active farm adjacent to the intersection.
The stream crossings for NC 11 and NC 87 over Weyman Creek would be converted
from culvert crossings to bridges. Bridge crossings are appropriate for the topography,
the scale of the drainage areas and quantity of flood flows at each crossing. Bridge
crossings will help to reconnect adjacent floodplains and reduce erosive velocities
through the crossings. The existing culverts have had significant maintenance issues,
following large flood events in recent years. Additionally, the westbound bridge on NC
87 allows for significant avoidance of surface water impacts.
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Additional information below describes project specific efforts to avoid and minimize
impacts from the proposed project to comply with federal, state and local requirements:
• A detailed delineation of wetland and streams was performed to ensure the limitations
of impacts to natural resources.As a result,proposed grading limits were shifted to
avoid impacts,where possible.
• All construction equipment will be refueled at least 200 feet from all water bodies and
be protected with secondary containment.
• Hazardous materials,fuel,lubricating oils,or other chemicals will be stored at least 200
feet from all water bodies(whichever distance is greater)and not in a Water of the U.S.
• Areas used for borrow or construction by-products will not be located in wetlands.
• Implementation of NCDOT's Best Management Practices for the Protection of Surface
Waters(BMPs)will minimize impacts to water resources during the preconstruction,
construction,maintenance,and repair situations.
• The Contractor may perform clearing operations,but not grubbing operations until
immediately prior to beginning grading operations.
• Once grading operations begin,work shall progress in a continuous manner until
complete.
• All project construction activities initiated within jurisdictional streams will be carried
to completion in an expeditious manner to minimize the period of disturbance within
the jurisdictional streams.
• All work will take place during dry conditions and can be facilitated from high,non-
jurisdictional,stable ground.
• Erosion control devices shall be installed immediately following the clearing operation.
• The contractor shall install silt fence,inlet protection, sediment traps,diversion ditches,
temporary coffer dams,tree protection, clearing only as necessary to install devices.
• Seeding and mulching shall be performed on the areas disturbed by construction
immediately following final grade establishment.
• Seeding and mulching shall be done in stages on cut and fill slopes that are greater than
20 feet in height measured along the slope,or greater than 2 acres in area,whichever is
less.
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• All sedimentation and erosion control measures,throughout the project limits,must be
cleaned out when half full of sediment,to ensure proper function of the measures.
• Any needed repairs to sedimentation and erosion control measures will be made
immediately to maintain all measures designed.
• Any excess excavated materials not utilized as back fill will be placed and contained
within upland areas and permanently stabilized to prevent erosion into jacent
jurisdictional streams. Therefore,stockpiling of excavated material within
jurisdictional streams will be strictly prohibited as part of the construction of this
project.
• All erosion and sediment control measures will be checked for stability and operation
following every runoff producing rainfall,but in no case less than once every week.
• An erosion control inspections report is required and will be kept by the owner's
representative.
In addition,NCDOT will prepare a stormwater management plan(SMP)that implements
structural and non-structural post-construction stormwater BMPs to the maximum extent
practical(MEP),which is consistent with the Department's National Pollutant Discharge
Elimination System(NPDES)Post-Construction Stormwater Program.
The applicant is proposing an in-water moratorium(required by the NC Wildlife
Resources Commission) for any work occurring in Weyman Creek from February 15 to
June 30th, as Weyman Creek is considered an inland anadromous fish spawning area.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment: The proposed construction of R-2561 CA
would result in unavoidable impacts to 3.53 acres of wetlands (1.51 acres of non-riparian
wetlands; 2.02 acres of riparian wetlands) and 585 linear feet of jurisdictional stream that
would require mitigation. NC DOT has acquired the compensatory mitigation for
unavoidable impacts from the North Carolina Department of Environmental Quality
(NCDEQ) Division of Mitigation Services (DMS).
Essential Fish Habitat
Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act, this
Public Notice initiates the Essential Fish Habitat(EFH) consultation requirements. The
Corps' initial 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.
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Cultural Resources
The Corps is the lead federal agency. 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. 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-indentified permit area.
Endangered Species
The Corps is the lead federal agency. 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:
VI The Corps determines that the proposed project may affect federally listed
endangered or threatened species or their formally designated critical habitat.
The US Fish and Wildlife Service has developed a programmatic biological
opinion (PBO) in conjunction with the Federal Highway Administration(FHWA), the US
Army Corps of Engineers (USACE), and NCDOT for the northern long-eared bat
(NLEB) (Myotis septentrionalis) in eastern North Carolina. The PBO covers the entire
NCDOT program in Divisions 1-8, including all NCDOT projects and activities. The
programmatic determination for NLEB for the NCDOT program is "May Affect, Likely
to Adversely Affect." The PBO provides incidental take coverage for NLEB and will
ensure compliance with Section 7 of the Endangered Species Act for five years for all
NCDOT projects with federal nexus in Divisions 1-8, which includes this project.
In addition, a biological conclusion determination of may affect, not likely to adversely
affect is made for the wood stork(Mycteria Americana)based on the information below
and coordination with the USFWS:
The NC DOT completed field surveys on June 5, 2018 and June 14, 2019 for critical
habitat and/or occurrences of those species listed by the USFWS for the study area.
Based on the results of the field surveys, the study area contained suitable nesting, non-
breeding season and foraging habitat for the wood stork(Mycteria americana).
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However, no occurrences of wood storks or nests were observed during the field survey.
Further review of available North Carolina Natural Heritage Program(NCNHP) data
indicated no known occurrences of wood stork within one mile of the study area.
Furthermore,NCDOT will conduct an additional survey between April 15 and the start of
construction.
Other Required Authorizations
The Corps forwards this notice and all applicable application materials to the appropriate
State agencies for review.
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. 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
December 9, 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
North Carolina Division of Coastal Management(NCDCM):
® Based upon all available information, the Corps determines that this application
for a Department of Army(DA)permit does not involve an activity which would
affect the coastal zone, which is defined by the Coastal Zone Management(CZM)
Act (16 U.S.C. § 1453).
Evaluation
The decision whether to modify the 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;
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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 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, December 18, 2020. Comments should
be submitted to Ms. Liz Hair, Wilmington Regulatory Field Office, 69 Darlington
Avenue, Wilmington,North Carolina 28403 at(910) 251-4049 or by email at
[e-mail].
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