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.
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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
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INCEIDE 1?1tlR
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
TRAVEL AUTHORIZATION
"" PRIOR APPROVAL IS REQUIRED
Action Requested: (check all boxes that apply) DATE September 13, 2011 PRIOR Approval Required!
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