20110136 Ver 1_Public Notice_20110303

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US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: February 18, 2011
Comment Deadline: March18, 2011
Corps Action ID #:1998-02180
TIP Project No. R-2812
The Wilmington District, Corps of Engineers (Corps) has received an application from the
North Carolina Department of Transportation (NCDOT) seeking Department of the Army
authorization to discharge dredged or fill material into waters of the United States
associated with the construction of NC 211 from NC 73 at West End to the traffic circle in
Pinehurst, Moore County, North Carolina.
Specific plans and location information are described below and shown on the attached
plans. This Public Notice with all attached plans and more detailed colored plans are also
available on the Wilmington District Web Site at www.saw.usace.army.mil/wetlands
Applicant: North Carolina Department of Transportation (NCDOT)
c/o Dr. Gregory J. Thorpe, PhD, Manager
Project Development and Environmental Analysis Branch
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
Authority
The Corps will evaluate this application and a decide whether to issue, conditionally issue,
or deny the proposed work pursuant to applicable procedures under Section 404 of the
Clean Water Act (33 U.S.C. 1344
Location
The proposed 7.2 mile roadway project is located beginning at NC 73 at West End,
northwest of Pinehurst and ends at the traffic circle at US 15 in Pinehurst in Moore County,
North Carolina. The proposed project is located in tributaries and adjacent wetlands that
are hydrologically connected to the Cape Fear River. The project is more specifically
located starting at Latitude 35.2368 N, Longitude 79.5679 W and ending at Latitude
35.2016, Longitude 79.4505.
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Background
On November 2, 2005, the NCDOT/FHWA completed and circulated for public review an
Environmental Assessment (EA) for the proposed NC 211, TIP R-2812 project, State
Project Number 8.1560601. The social, economic, and environmental impacts associated
with the No-build and a build alternative, identified as the Best Fit Alternative, for R-2812
have been described in the above referenced environmental document. The Best Fit
Alternative incorporates asymmetrical widening along the existing alignment of NC 211 tc
minimize impacts to the human and natural environments. NC 211 is identified as a major
thoroughfare in the Southern Pines Aberdeen Pinehurst Thoroughfare Plan. The proposed
project is federally funded and included in NCDOT's latest approved Transportation
Improvement Program (TIP). Right-of-way acquisition is scheduled in the years 2006-
2012 and construction is scheduled to in begin in fiscal year 2012. The estimated cost of
right of way acquisition and construction for the proposed project is $26,648,000.
The NCDOT/FHWA EA for R-2812 is available for review at the Wilmington Regulatory
Field Office of the Wilmington District U.S. Army Corps of Engineers, 69 Darlington
Avenue, Wilmington, North Carolina, or at the North Carolina Department of
Transportation, Project Development and Environmental Analysis Branch, Transportation
Building, 1 South Wilmington Street, Raleigh, North Carolina.
Applicant's Stated Purpose
1 The purpose of the proposed highway is To improve the level of "safety along NC'21 l and to
improve traffic carrying capacity of the roadway to meet the needs of existing and
anticipated development in the project area.
Existing Site Conditions
The project is located within the Sandhills portion of the Coastal Plain Physiographic
Province in the Cape Fear River sub-basin, USGS 8-digit hydrological unit 03030004 and
the Lumber River Basin sub-basin, USGS 8-digit hydrological unit 03040203. There are
three streams crossed by NC 211 within the project area. These streams are Joe's Fork, an
unnamed tributary to Joe's Fork and Broad Branch, also known as McLeod Branch. The
unnamed tributary and Broad Branch connect with Joe's Fork, which then flows into Nicks
Creek which joins the Little River, and eventually connects with the Cape Fear River, a
navigable waterway. The three streams within the project area carry the NC Division of
Water Quality (NCDWQ) best usage classification of WS III which refers to those waters
protected as water supplies that are generally in low to moderately developed watersheds.
There are no designated Outstanding Resource Waters (ORW), High Quality Waters
(HQW), Water Supply I (WS-I), Water Supply (WS-II), or 303 (d) listed waters within 1.0
mile of the project area.
There are four wetland areas found within the project study area. Three of the four
wetlands are located adjacent to small streams and are classified as streamhead pocosin.
One wetland is associated with a pond created by damming Joe's Fork.
The Biotic resources surrounding the eastern half of the project area is indicative of an
urban setting, with golf courses and residential development accounting for the majority of
land uses. The western half of the project area is more rural in nature with pine forests,
pine plantations, agricultural fields and scattered residential and commercial development
occurring. Topography is characterized as slightly rolling to nearly level terrain.
Elevations range from approximately 470 to 560 feet above mean sea level (MSL). Five
dominant communities have been identified within the project area. They consist of
maintained/disturbed, Pine/scrub oak sandhill, mixed pine/hardwood forest, xeric sandhill
scrub, and streamhead pocosin/coastal plain small stream swamp (variant) blackwater
subtype.
Project Description
The following description of the work is taken from data provided by the applicant. Two
broad range alternatives are being considered for the proposed project. These alternatives
include the No-build Alternative and the Build Alternative. The No-build Alternative
would not increase traffic carrying capacity or correct existing roadway deficiencies along
NC 211. The proposed Build Alternative (Best Fit Alternative) would widen NC 211 from
the intersection with NC 73 at West End to the traffic circle in Pinehurst, a total of 7.2
miles. The proposed widening would be asymmetrical, either to the north or south of the
existing roadway depending on engineering considerations as well as human and natural
environmental constraints. The construction of a four lane divided facility with curb and
gutter will,be,begin at the traffic circle in Pinehurst and will extend along existing NC 211
to terminate at SR 1291 (Archie Road). A four lane divided facility with grass shoulders
will begin at SR 129 (Archie Road) and will extend along existing NC 211 to the project
terminus at NC 73 in West End. The curb and gutter alternative will require approximately
100 feet of right-of-way, whereas the grass shoulder alternative will require approximately
150 feet of right-of-way.
The project will also include a pedestrian tunnel, located at the intersection of NC 211 and
Rattlesnake/Gun Club Road, and pedestrian sidewalks on both sides of NC 211 from just
west of NC 5 to the traffic circle in Pinehurst.
Summary of Impacts and Mitigation
Stream Impacts: Stream impacts for R-2812 would occur at Sites 3 and 4. Impacts include
296 linear feet of permanent impacts that would result from extension or replacement of
pipes and a culvert and the construction of the fill slopes necessary for the widening of NC
211. Bank stabilization would result in 78 linear feet of permanent stream impacts.
Additionally, 14 linear feet of temporary stream impacts would occur at Site 4 to allow for
possible construction access for the extension of the 60 inch reinforced concrete pipe at that
location. Jurisdictional stream impacts are summarized below in Table 1.
Table 1: Impacts to Jurisdictional Streams
Site Stream Name Classification Impact Type Impact Mitigation Mitigation
Length Ratio Required
fr)
3 Tributary to Joes Perennial Extension of 163 2:1 326
Fork Creek 10 x 7 RCBC
Bank 42 NA
Stabilization
4 Broad Branch Perennial Replacement 133* 2:1 266
Creek of 60" RCP
Bank 36 NA
Stabilization
Temporary 14 NA
Dewaterin
Totals: 388 NA 592
* This impact length represents the amount of pipe that will be placed outside of the footprint of the
existing pipe and does not include the length of pipe that will be replaced.
Wetland Impacts: The proposed project would result in impacts to riparian wetlands at
Sites 1, 2, 3, and 4. Impacts consist of 1.30 acres of permanent fill and 0.15 acres of
excavation within the wetlands. These impacts are a result of the extension or replacement
of pipes and culverts and the construction of the fill slopes necessary for the widening of
NC 211. Temporary impacts to less than 0.01 acres of wetlands may be necessary to allow
for construction access at Site 1. Additionally, the proposed project would result in 0.45
acres of mechanized clearing necessary to allow for construction access. Impacts to
wetlands are summarized in Table 2.
Table 2: Impacts to Jurisdictional Wetlands
Site Impact Type Permanent
Impacts acres Mitigation
Ratio Mitigation
Required acres
1 Permanent Fill 0.19 2:1 0.38
Mechanized Land Clearing 0.08 1:1 0.08
Temporary Impacts <0.01 NA NA
2 Permanent Fill 0.04 1:1* 0.08
Excavation 0.02
Mechanized Land Clearing 0.02
3 Permanent Fill 0.70 2:1 1.40
Excavation 0.13 2:1 0.26
Mechanized Land Clearing 0.21 1:1 0.21
4 Permanent Fill 0.37 2:1 0.74
Mechanized Land Clearing 0.14 1:1 0.14
Total 1.90 NA 3.29
*1:1 mitigation is proposed for this wetland, which is located adjacent to a pond. The hydric soil
criterion is not consistently met throughout the wetland. Furthermore, the interconnectivity of the
wetland/pond and nearby wetlands (located outside of the project area) has been severed. The system
no longer interacts with nearby wetlands, except during high water events resulting in overflow from
the pond.
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Impacts to wetlands have increased since the FONSI was approved in June 2007. In 2010
NCDOT shifted the alignment to the south between stations -L- 39 + 05.52 and -L- 133 +
16.02,-L- 253 + 34.50 and -L- 317 + 10.00, in order to minimize impacts to an apartment
building and utilities. The alignment shift will result in 8 fewer families relocated and a
cost savings of $1, 875,000.
Open Water Impacts: The proposed project would result in impacts to jurisdictional ponds
at Sites 1 and 2. Impacts to 0.13 acres would result from the permanent placement of fill
necessary for construction of the fill slopes for the widening of the NC 211. The proposed
project would also result in 2.83 acres of temporary surface water impacts from the
temporary dewatering of the pond at Site 1 to allow construction access for the extension of
the 10 x 7 RCBC and the necessary fill slopes. Impacts to jurisdictional ponds are
summarized in Table 3.
Table 3: Surface Water Impacts to Jurisdictional Ponds
Site Impact Type Impact Area acres
1 Temporary Dewaterin 2.83*
Permanent Fill 0.12
2 Permanent Fill 0.01
Total 2.96
*Flow of the stream will be maintained during construction
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). Additional
information regarding the Clean Water Act certification may be reviewed at the NCDWQ
Central Office, 401 Transportation Permitting Unit, 2321 Crabtree Boulevard, Raleigh,
North Carolina 27604-2260.
Cultural Resources
There are two properties (The Yadkin Road Markers # 1 and #2) that are located within the
project area that have been determined as eligible for listing in the National Register of
Historic Places. Both of these markers are located outside of the proposed project right-of-
way and will not be impacted by the project. The State Historic Preservation Office (HPO)
and NCDOT concurred that the project will have no effect on the National Register eligible
properties located within the project area of potential effect.
Endangered Species
NCDOT has conducted surveys along the proposed project corridors to identify suitable or
critical habitat for species listed as federally endangered or threatened pursuant to the
Endangered Species Act of 1973. Based on information provided by NCDOT, the Corps of
Engineers has determined that the proposed project would have no effect on three of the
listed species know to occur within Moore County. These species are the Cape Fear
Shiner, Notropis mekistocholas; Michaux's sumac, Rhus michauxii; and American
chaffseed, Schwalbea americana. However, it has been determined that the proposed
project may effect the Red-cockaded woodpecker (RCW), Picoides borealis, a federally
listed endangered species. The U.S. Fish and Wildlife Service, in a letter dated February 8,
2011, concurred with the NCDOT biological conclusion that the proposed highway project
may affect, but is not likely to adversely affect the RCW. However, new information has
revealed that additional impacts associated with the project may affect the RCW and
NCDOT is currently seeking concurrence from the US Fish and Wildlife Service that the
proposed project may affect, but is not likely to adversely affect the RCW. The District
Engineer, based on available information, is not aware that the proposed activity will affect
any other species not listed above, or their critical habitat, designated as endangered or
threatened pursuant to the Endangered Species Act of 1973
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 is soliciting comments from the public; Federal, State and local agencies and
officials; 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
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
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properties, water quality, general environmental effects and the other public interest factors
listed above. Comments arc 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 5pm, March 18, 2011. Comments
should be submitted to Mr. Ronnie Smith, Wilmington Regulatory Field Office, 69
Darlington Avenue, Wilmington, North Carolina 28403 or by email to
[e-mail].

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