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US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: November 25, 2020
Comment Deadline: December 25, 2020
Corps Action ID Number: SAW-2018-00552
NC DOT TIP No: R-5797
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
US Highway 74 and SR 1506 (Old Boardman Road/Macedonia Church Road) 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
Division 6 Environmental Office
Mr. Gregory Price
558 Gillespie Street
Fayetteville,North Carolina 28302
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:
N Section 404 of the Clean Water Act(33 U.S.C. 1344)
n 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: 0.9 mile/120 acres
Nearest Town: Boardman
Nearest Waterway: Lumber River
River Basin: 03040203
Latitude and Longitude: 34.4363 N, -78.9503 W
Existing Site Conditions
The R-5797 project corridor is located at the existing at grade intersection of US
Highway 74 and SR 1506 (Old Boardman Road/Macedonia Church Road, in the town
Boardman, in Columbus County. The project is located in the Lumber River Basin and
lies within Hydrologic Unit Codes (HUCs) 030040203 and is located within the Southern
Inner Coastal Plain eco-region. The project crosses multiple wetlands. In the project
study area, US Highway 74 is a four-lane, divided road with a speed limit of 60 mph. SR
1506 is a two-lane, undivided road except for medians at its intersection with US
Highway 74.
Applicant's Stated Purpose
The applicant's stated purpose is to improve safety,improve transportation mobility within
the project study area, and upgrade US 74 within the project limits to interstate standards.
Project Description
The NCDOT proposes to convert the at-grade intersection at US 74 and SR 1506 (Old
Boardman Road/Macedonia Church Road) to an interchange. The interchange will
consist of constructing a diamond interchange at US 74/SR 1506 east of the current
interchange with roundabouts north and south of US 74, realigning Old Boardman Road
onto a structure over US 74, and upgrading US 74 within the project limits to interstate
standards. The project is approximately 0.9 mile in length. The Federal Highway
Administration is the lead federal agency for this project.
Proposed permanent impacts to wetlands total 13.35 acres (direct fill, excavation and
mechanized land clearing). There would be a total of 11.40 acres of permanent wetland
impacts associated with this project due to fill, 1.89 acres due to mechanized clearing,
and 0.06 acres due to excavation. No impacts to wetlands resulting from utilities or hand
clearing are proposed. See project plans for detailed permit impact sites.
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Permit Impact Sites
The R-5797 project involves five impact sites described below and presented in the plans
which can be viewed by using the link provided on page 1 of this notice.
Site 1
Wetland impacts at this site result from the proposed fill slopes and lateral roadside ditch
for runoff. Permanent wetland fill in wetland WB is proposed to be 0.09 acre with an
additional 0.09 acre of impact due to mechanized clearing for construction and
maintenance access. This site also includes a 20-foot extension of an existing 210 ft 30"
RCP pipe under US 74 carrying stormwater runoff and drainage from the proposed
roadway and surrounding properties on the north side of the project. There will be a pipe
outlet basin excavated within wetland WB in order to slow the velocity of throughflow
and prevent future erosion at the pipe outlet, resulting in 0.01 acre of wetland excavation.
Site 2
Wetland impacts at this site result from the US 74 westbound proposed fill slopes, exit
ramp, and roundabout. Permanent fill in wetland WE is proposed to be 5.10 acres with
an additional 0.71 acre of impact due to mechanized clearing for construction and
maintenance access. The location of the proposed roundabout is designed to avoid
impacts to the existing gas station, and to allow for traffic to safely negotiate the
roundabout and access US 74 on and off-ramps as well as Old Boardman Road and the
gas station. There are two equalizer pipes planned to be installed in order to maintain
wetland hydrology internal to the interchange.
Site 3
Wetland impacts at this site result from the US 74 eastbound proposed fill slopes, US 74
entrance ramp, and roundabout. Permanent fill in wetland WH is proposed to be 6.17
acres with an additional 1.05 acre of impact due to mechanized clearing for construction
and maintenance access. Excavation in the wetland for culvert installation and
maintenance, as well as ditch construction, will result in 0.04 acre of permanent wetland
impact. The location of the proposed roundabout is designed to align with the northern
roundabout and retain traffic on Macedonia Church Road. There are two equalizer pipes
planned to be installed in order to maintain hydrology internal to the interchange.
Site 4
Permanent wetland impacts at Site 4 are<0.01 acre (200 square feet) of mechanized
clearing within wetland WD that will allow for the construction and maintenance of the
proposed culvert, rip rap pad, and stormwater management system. The channel that is
carrying flow under the existing Macedonia Church Road in this location was determined
during USACE site verification to be a tributary, thus resulting in no permanent stream
loss due to the installation of the proposed culvert.
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Site 5
Impacts at Site 5 are required to construct a proposed turn-around on US 74 West. This
site proposes permanent fill in wetland WE of 0.04 acre, and 0.04 acre of mechanized
clearing.
See project plans for detailed permit impact sites.
Right of way acquisition began in November 2020, and the proposed construction
schedule would begin work in May of 2021 with a completion date in October 2023.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or
minimize impacts to the aquatic environment: The NCDOT is committed to incorporating
all reasonable and practicable design features to avoid and minimize jurisdictional
impacts, and to provide full compensatory mitigation of all remaining,unavoidable
jurisdictional impacts. Avoidance measures were taken during the planning phase and
minimization measures were incorporated as part of the project design. Minimization
includes the examination of appropriate and practicable steps to reduce adverse impacts.
Shifting the interchange west of the existing location was evaluated to reduce or avoid
wetland impacts. However, this westward shift would have required roadway
improvements in the floodplain of the Lumber River, and potentially increased impacts to
the higher quality floodplain riparian wetland system. Avoidance and minimization has
been employed in the project area to the maximum extent practicable. Listed below are
some of the measures implemented on the project:
• Side slopes have been steepened to 3:1 adjacent to jurisdictional impact areas to
minimize impacts to surface waters, except for areas were side slopes are 4:1 due
to the addition of a guardrail not being feasible at these locations;
• Steepened fill slopes will be revegetated using NCDOT approved vegetation.
• NCDOT's Best Management Practices (BMPs) for the Protection of Surface
Waters will be enforced;
• NCDOT's BMPs for Construction and Maintenance Activities will be utilized;
• NCDOT will implement installation, inspection, and maintenance of erosion and
sediment control measures;
• Rip rap pads at drainage system outlets will dissipate flow and reduce velocities
and erosive potential;
• Rip rap stabilization has been sized appropriately based on flow velocity to ensure
long term stability of banks;
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• Existing drainage patterns have been maintained to the maximum extent
practicable.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment: The proposed construction of R-5797 would
result in unavoidable impacts to 13.35 acres of wetlands (13.16 acres of forested non-
riparian wetlands; 0.19 acres of forested riparian wetlands) that would require mitigation.
NC DOT proposes to provide compensatory mitigation at a 1:1 ratio based on the success
of the mitigation site (Juniper Bay Mitigation site), as it has been constructed and deemed
successful. The NC DOT proposes to request compensatory mitigation for unavoidable
impacts from the North Carolina Department of Environmental Quality(NCDEQ)
Division of Mitigation Services (DMS)be debited from the Juniper Bay Mitigation site in
Robeson County, located approximately 6 miles northwest of the road project.
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.
Cultural Resources
Federal Highways Association 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-identified permit area.
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Endangered Species
Federal Highways Association 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:
N 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, suitable habitat for the federally endangered Cooley's meadowrue
(Thalictrum cooleyi) and Rough-leaved loosestrife (Lysimachia asperulaefolia) exists
within the project study area(along existing roadsides and right of way). Field surveys
were conducted within the suitable habitat areas along the project and no individuals of
either species were identified. A review of North Carolina Natural Heritage Program
records, updated October 2020, indicates no known occurrences of either species within 1
mile of the project study area. The project would have No Effect on these species.
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. 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 16, 2020 to:
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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; 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
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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 25, 2020. Comments should
be submitted to Ms. Liz Hair, Wilmington Regulatory Field Office 69 Darlington
Avenue, Wilmington,North Carolina 28403, at [phone] or by email at
[e-mail].
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