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HomeMy WebLinkAbout20110844 Ver 1_Public Notice_20110913PUBLIC NOTICE US Army Corps Of Engineers Wilmington District Issue Date: September 13, 2011 Comment Deadline: October 13, 2011 Corps Action ID #: 200632042 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 permanently impact 1,252 linear feet of streams and 0.24 acres of wetlands. Additional temporary impacts are also proposed to 0.01 acre of waters to facilitate the extension of SR 1001 (Connelly Springs Road) on new location with the realignment of SR 1178 (Hibriten Drive), and construction of a half-clover interchange at US321 near Lenoir, Caldwell County, North Carolina. The NCDOT has identified this project as TIP Project U-221113. 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: http://www.saw.usace.army.mil/wetlands/Notices/Current notices.html. Applicant: Gregory J. Thorpe, Ph.D North Carolina Department of Transportation; Division of Highways 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 of Section 404 of the Clean Water Act. Location The North Carolina Department of Transportation (NCDOT) proposes to extend SR 1001 (Connelly Springs Road) on new location with the realignment of SR 1178 (Hibriten Drive) in Lenoir, Caldwell County, North Carolina. The project begins west of US 321 A (Norwood Street) and ends approximately 650 feet east of SR 1712 (Starcross Road), impacting two unnamed tributaries to Gunpowder Creek as well as an associated jurisdictional wetland. Gunpowder Creek is a tributary to the Catawba River (1 Iydrologic Unit Code 03050101). The approximate center of project is at 35.89068° N., -81.51978 ° W)_ Existing Site Conditions The area proposed for impact is located near Lenoir, NC. Therefore, low-to-mid density residential development mixed with commercial use is common along the proposed corridor. However, some undeveloped wooded land is located throughout the project area. The project area is within the Catawba River basin, Hydrologic Unit 03050101. The wetland habitat that would be impacted by the proposed project is one small riparian wetland composed of common wetland plants and located adjacent to one unnamed tributary. The unnamed tributaries range in size from two to six feet wide. The Corps has determined, based on field review of the biological, chemical and physical attributes and functions of the streams within the proposed corridor, that one unnamed tributary (UTl) to Gunpowder Creek is perennial, while a second unnamed tributary (UT2) is intermittent. No Outstanding Resource Waters (ORW), High Quality Waters (HQW), Water Supply I (WS-1), Water Supply II (WS-II), or 303(d) waters occur within 1.0 mile of the project study area. Applicant's Stated Purpose The applicant's stated purpose is to alleviate congestion and improve safety and access on the Connelly Springs Road/Hibriten Drive facilities. Project Description The proposed project includes extending SR 1001 (Connelly Springs Road) on new location with the realignment of SR 1178 (Hibriten Drive) in Lenoir, Caldwell County. The project begins west of US 321 A (Norwood Street) and ends approximately 650 feet east of SR 1712 (Starcross Road). The project also includes the construction of a half- clover interchange at US 321. The project would eliminate a portion of SR 1178 (Hibriten Drive), including the existing bridge over US 321. The proposed facility is a four-lane divided, curb & gutter roadway. The proposed improvements would provide two 12-foot lanes in each direction, a 17.5-foot median, and 10-foot berms. A portion of US 321A (Norwood Street) would be improved at the intersection with SR 1001. The overall project is 0.9 miles in length. There are two existing crossings of UTl to Gunpowder Creek and one existing crossing of UT2 to Gunpowder Creek, all of which would be upgraded and extended. The project would permanently impact 1,252 linear feet of streams and 0.24 acres of wetlands. Additional temporary impacts are also proposed to 0.01 acres (73 linear feet) of stream to facilitate the project. The applicant proposes to purchase stream and wetland credits from the North Carolina Ecosystem Enhancement Program (NCEEP) to satisfy the compensatory mitigation requirements associated with federal and state permits. In a letter dated July 19, 2011, NCEEP has agreed to provide the required mitigation for this proposal if pcmtitted. Design plans and information about the proposed mitigation sites are available for review at the U.S. Army Corps of Engineers Regulatory Field Office at 3331 Heritage Trade Drive, Suite 105; Wake Forest, North Carolina 27587 (Call ahead to arrange a time for review at (919) 554-4884, ext. 30). 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 receipt of an application for a 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 Office, 512 North Salisbury Street, Raleigh, NC 27604. 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, NC 27699-1650 Attention: Mr. Brian Wrenn by October 4, 2011. 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 projeci 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, in conjunction with NCDOT and representatives of the US Fish and Wildlife Service, have 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 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. 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 concem 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. 4 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, October 13, 2011. Comments should be submitted to: Monte Matthews Wilmington District, Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Telephone (919) 554-4884, ext. 30. ??Si451a ? ? .72 SHEET 1 OF 6_ TOPO MAP SCALE: 1" :2000' NCDOT DIVISION OF HIGHWAYS CALDWELL COUNTY ' PROJECT: 34783.1.1 (U-2211B) SR 1001 (CONNELLY SPRINGS ROAD) FROM US 321A (NORWOOD STREET) TO SR 1712 (STARCROSS ROAD) EAST OF US 321 fAmiummomepaw 7/11/2008 ?J ai z; oa j U ? ?----®, za a °y r O a clc:> i ^ L.L LV F @ NO h z Z w a 44 w o I c!n ? CJD ? Io o a > + n o 0 ft?y? h 6 w 4'' U n, eg ?.. 3 V r ?' i ?' , C p C? gg Lll go v " y` 11 x 03 3 °a 0 >1 m q ? ° ? m F? `, a$ ? 9S NW W C) C) z "z?z - o 0 ;L. ado ' ® VJ OmirV s ? ? ?r W j? E G ? 3 ? s W h o Z ? e - ? o d d i b W o o = N 4 o? r, =^ W ` o ti+^ 52`. _0--7 r ? 4 h o Z'o oo .--4 0 io 444° C 44 - `? ? ? U 1 G? F a 0_ ? ?`I I cm Z n r i i Zh - U O L U - O OE: srrzz-n ?s?aloxa art -*.i.9vuzxo? .... 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Approval Indicator Follows Each Action A, B, C, D 0000* A = Section Chief/Supervisor C = Budget Planning 8 Analysis Note: IF A and B are the same person, please print *same* In box A. B = Division Director D = Secretary's Office ? Charter Aircraft A, B, C, D Excess Hotel A, B O Meeting/iraininll/Conference A, B Food/Refreshments A, B, C, D Rental Car A, B ? Out-Of-Country Travel A, B, C, D Registration (Attach Copy) A, B Out-of-State Travel A, B, C, D ? Retreat A, B, C, D Travel that exceeds $2.000 in total cost A, B, C, D Reimbursement For Non-State Employee A, B ? Travel involving 5 or more people with same A, B, C, D Other (Specify) purpose/destination Employee(s)/Individual(s): DWO Ronald D. Berry, Jr. Di lion Ti- Surface Water Protection section Typeof Funds ax?mwm.??. State NCAS Center Number 0 0 0 0 Travel Destination: Raleigh, NC and Emerald Isle, NC Registration $ 195.00 Meals $ Travel Dates: 10/11/11 to 10/13/11 Estimated Mileage $ - Expenditures Air Fare $ - Mode Of Transportation: 0 Hotel $ - Other Contact Person/Phone Total $195.00 Purpose Of Travel/Honoranum: 'see attached justification' Comments Justification For Out of Country, Travel involving 5 or More, Excess Hotel, Charter Aircraft: Division FscagBUeget Manor Date A" Approved ? Denied =B, Approved ? Denied ? Section C?iel / Superviwr Division Director Data Data C' Approved Denied Approved E] Denied Budget Planning B Analysis secretary/Assistant secretary pate Date All appropriate b oxes must be filled in. DENR-OC10 Rev 7/01/11