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HomeMy WebLinkAbout20111075 Ver 1_Merger Process Documentation_20070618W Q,� STATE OF NORTH CAROLINA G (� 2001 N�S�IfV] �;iEn� A DEPARTMENT OF TRANSPORTATION MICHAEL F EASLEY LYNDO TIPPETT GOVERNOR SECRETARY June 12 2007 Mr Bill Biddlecome Transportation Project Manager Department of the Army Corps of Engineers Washington Regulatory Field Office Post Office Box 1000 Washington North Carolina 27889 1000 Dear Mr Biddlecome SUBJECT SECTION 404 N E P A MERGER PROCESS Application for a Department of the Army (DOA) Permit pursuant to Section 404 of the Clean Water Act TO DISCHARGE DREDGED OR FILL MATERIAL INTO WATERS OF THE UNITED STATES TO CONSTRUCT the proposed US 158 widening from Murfreesboro Bypass to US 13 West of Winton Hertford County WBS No 35489 1 1 T I P No R 2583 The following application including separate attachments for (1) ENG Form 4345 and (2) mailing list (labels) Is submitted for your consideration As you are aware this project was selected for treatment under the new merger process At this puncture the Regulatory Division has provided concurrence with Purpose and Need with the selection of Detailed Study Alternatives and with the bridge locations and lengths An Environmental Assessment (EA) was prepared and signed on April 27 2006 The document was circulated on May 26 2006 A copy is attached Please issue your public notice at the earliest opportunity so that we can jointly proceed toward selecting the LEDPA (least environmentally damaging practicable alternative which meets the purpose and need of the project) following analysis of public input Once the LEDPA is selected and approved efforts will be undertaken to further minimize Impacts to wetlands and riparian buffers In the LEDPA corridor and to propose suitable compensatory mitigation to offset unavoidable Impacts The following Information Is a summary of relevant project details and is being provided to assist in the Section 404 regulatory- review of -the project Please note that more detailed information Is available In the EA MAILING ADDRESS TELEPHONE 919 733 3141 LOCATION NC DEPARTMENT OF TRANSPORTATION FAX 919 733 9794 TRANSPORTATION BUILDING PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET 1548 MAIL SERVICE CENTER WEBSITE WWW DOH DOT STATE NC US RALEIGH NC RALEIGH NC 27699 1548 INTRODUCTION The North Carolina Department of Transportation (NCDOT) proposes to widen US 158 from Murfreesboro Bypass to US 13 west of Winton in Hertford County Figure 1 (refer to the EA) is a vicinity map and Figure 3 (refer to the EA) shows water resources and a map of the detailed study alternatives The proposed US 158 widening is approximately 8 3 miles in length (depending upon alternative) There will be a four lane divided facility consisting of four 12 foot travel lanes paved shoulders and a 46 foot wide grassy median The existing facility will have partial control access and full control access on new location The proposed right of way is approximately 250 feet for all build alternatives The proposed facility has a design speed of 60 miles per hour (mph) NEPA/404 MERGER PROCESS DOCUMENTATION Although this is a state funded action that is subject to North Carolina (or State) Environmental Policy Act (SEPA) requirements the proposed project is being developed through the National Environmental Policy Act (NEPA) /404 Merger Process to ensure systematic evaluation of the project plus avoidance and minimization of all potential impacts Concurrence Point 1 (Purpose & Need) was signed by Merger Team members on January 15 2003 Concurrent Point 2 (Alternatives for Detailed Study) was signed on May 19 2005 It was agreed upon by the Merger Team that Concurrence Point 2a (Bridging and Alignment Review) would be combined with Concurrence Point 3 (LEDPA) because there are only two potential bridge sites to discuss Copies of the above forms are attached PURPOSE AND NEED Project Need Within northeastern North Carolina only two counties Northampton and Halifax are directly served by 195 Improved regional mobility by widening US 158 is anticipated to help Hertford County as well as the northeastern region of NC attract industry The Hertford County Economic Development Commission has stated that most companies are looking for access to 195 and 185 Several mayor employers including the WCC Rivers Correction-al-Institution and Nucor Steel have already located -to the area and truck traffic -- associated with both facilities utilizes US 158 Expansion of US 158 to a multi lane facility is needed to enhance connectivity to 195 as well as to other regional intrastate highways thereby increasing regional mobility and improving strategic highway system linkages The total crash rate on US 158 within the project study area is 137 accidents per 100 million vehicular miles traveled (mvm) Although this crash rate is less than the statewide average for similar two lane rural US routes (Table 1) the statewide average crash rates for four lane rural routes with access control show a trend of decreasing accidents over those of two lane rural US routes The fatal crash rate for the project study area is 2 08 accidents per 100 mvm higher than the statewide average however this accident total represents only 1 fatality during the study period US 158 has been designated by the North Carolina Board of Transportation as a Strategic Highway Corridor (Corridor #37) This corridor connects the Winston Salem Henderson Roanoke Rapids Elizabeth City and Kitty Hawk/ Kill Devil Hills/ Nags Head areas a length of approximately 200 miles The US 158 corridor is ultimately envisioned as a combination of a Freeway Expressway and Boulevard facility The corridor was included in the Strategic Highway Corridor program for several reasons including its connection between multiple activity centers and its function as a mayor hurricane evacuation route Table 1 Accident Rate.c fnr PrniPrt Ctnrly Area Ananct 1997 T„l., 7M7 fi ivote- i nis rate represents 1 fatality during the 5 year study period Protect Purpose The purpose of the project is to • Provide system linkage specifically between northeastern North Carolina and Interstate 95 • Support economic development in Hertford and surrounding counties • Ensure future safety along the project limits on US 158 in Hertford County 3 Total Crash Rate �(ACC/1001VIVM)� ft`faf Crash.Rate7 ! (ACC /1001YIVM) US 158 Within Study Area 13708 2 08* Statewide Average Two lane Rural US Routes (1998 2001) 16773 201 Statewide Average Four lane Rural US No Control of Access (1998 2001) 13785 129 Statewide Average Four lane Rural US Partial Control of Access (1998 2001) 7568 109 Statewide Average Four lane Rural US Full Control of Access (1998 2001) 6350 072 fi ivote- i nis rate represents 1 fatality during the 5 year study period Protect Purpose The purpose of the project is to • Provide system linkage specifically between northeastern North Carolina and Interstate 95 • Support economic development in Hertford and surrounding counties • Ensure future safety along the project limits on US 158 in Hertford County 3 ALTERNATIVES No Build, Mass Transit Alternatives 1 No Build Alternative The No Build Alternative would forego any improvements to US 158 with the exception of routine maintenance No new segment would be constructed and no roadway or intersection improvements would be performed The No Build Alternative would avoid any adverse environmental impacts in that no wetlands streams historic properties or other cultural and natural resources would be directly impacted However this alternative would not meet the stated purpose of the project as it would not support economic development or ensure future safety along this section of US 158 The No Build Alternative was eliminated from consideration because it does not meet the transportation needs of the region or the objectives of the project However the No Build Alternative does provide a basis for comparing the adverse impacts and benefits of the design options — 2 Transportation System Management Alternatives Transportation Systems Management (TSM) improvements involve increasing the available capacity of the facility within the existing right of way with minimum capital expenditures and without reconstructing the facility Items such as the addition of turn lanes striping signing signalization and minor realignments are examples of TSM physical improvements Traffic law enforcement speed restrictions access control and signal timing changes are examples of TSM operational improvements These types of improvements were considered and some elements such as access control measures will be incorporated into the recommendations but TSM improvements alone would not meet the stated purpose of the project Therefore the TSM Alternative was not considered a reasonable and feasible alternative and was eliminated from further consideration 3 Mass Transit Alternatives There is no existing no cost mass transit in Hertford County due to lack of demand low density development and low population density The only form of mass transit in the -area is the Choanoke Public Transportation Authority (CPTA) which provides subscription and demand responsive transportation in Northampton Halifax Bertie and Hertford Counties the CPTA is based in Northampton County The study area is primarily rural with the town of Murfreesboro located west of the project limits Additionally US 158 carries a large proportion of through traffic with relatively high truck percentages —which is not conducive to local mass transit Based_ori these factors the Mass Transit Alternative was eliminated from consideration as it would not effectively address the purpose and need for the proposed project M Detailed Study Alternatives Three main construction alternatives are currently proposed (refer to Figures 5 and 7 in the EA) One alternative (Alternative A) proposes to widen the roadway entirely on existing location while two alternatives (Alternatives B and C) propose to widen the majority of US 158 on existing location with a short new location bypass in the vicinity of Mt Tabor Baptist Church For each of the three construction alternatives an additional service road option is under consideration The Mapleton Option (referred to as A2 B2 and C2 in the table) proposes to shift US 158 farther south in Mapleton than what is proposed in Alternatives A B and C and providing access to residences on the north side by utilizing existing roadway as a service road This Mapleton option is designed to reduce the number of residential relocations in the vicinity of Mapleton Road (SR 1304) Partial access control will be maintained for any of the six construction alternatives Existing driveways exiting onto US 158 will be maintained however no new driveways will be allowed on any new location section (Alternatives B B2 C and C2) Existing stop sign controlled intersections will be modified to include directional crossovers and offset left turns (refer to Figure 6 in the EA) The 4 foot outside paved shoulder will accommodate any bicycle traffic The typical section design is consistent with the Strategic Highway Corridor vision for an Expressway design within the project limits While the Strategic Highway Corridor vision includes an interchange at the US 158/ US 13 intersection an interchange is not included within the scope of this project Any interchange at this location will be studied as part of TIP Project R 2507A a) Alternative A Widen on Existing This alternative would widen the roadway entirely along its existing location New lanes would be added south of the existing roadway between the Murfreesboro Bypass to Cool Spring Road east of Cool Spring Road the new lanes would be north of the existing roadway The alternative includes the construction of a new two lane bridge over Potecasi Creek north of the existing structure In addition the existing bridge would also be replaced b) Alternative A2 Widen on Existing including Mapleton Service Road This alternative is the same as Alternative A except-for the—addition—of the service road option that would shift US 158 further south in Mapleton and utilize the existing roadway as a service road c) Alternative B Widen on Existing with Northern Bypass This alternative would widen US 158 on existing location as described in Alternative A with the exception of a new location section north of the Mt Tabor Church Road (SR 1176) intersection The new location section would serve to straighten the existing curve as well as to avoid impacts to the nearby Mt Tabor Baptist Church property This alternative would also include a new crossing of Potecasi Creek in the 5 form of a two lane bridge to be located north of the existing crossing The existing Potecasi Creek bridge would also be replaced d) Alternative B2 Widen on Existing with Northern Bypass and Mapleton Service Road This alternative is the same as Alternative B except for the addition of the service road option that would shift US 158 further south in Mapleton and utilize the existing roadway as a service road e) Alternative C Widen on Existing with Southern Bypass This alternative would widen US 158 mostly on existing location as described in Alternative A with the exception of a new location section south of Mt Tabor Church Road (SR 1176) The new location section would both straighten the existing curve as well as avoid impacts to the historic church property This alternative would include the construction of two new two lane bridges over Potecasi Creek both to be located south of the existing crossing If this alternative is chosen the existing Potecasi Creek bridge would be removed as potential wetland mitigation f) Alternative C2 Widen on Existing with Southern Bypass and Mapleton Service Road This alternative is the same as Alternative C except for the addition of the service road option that would shift US 158 further south in Mapleton and utilize the existing roadway as a service road COST ESTIMATES AND SCHEDULE Preliminary cost estimates for the Detailed Study Alternatives are presented in Table 2 below Alternatives A2 B2 and C2 include the Mapleton Service Road option The costs include right of way and construction costs but do not account for any wetland or stream mitigation costs The project is included in the approved 2007 2013 State Transportation Improvement Program (STIP) (TIP Project No R 2583) with right of way acquisition scheduled to begin in state fiscal year (SFY) 2010 and construction scheduled to begin mSFY 201: The total estimated cost included in the STIP is $35 700 000 no Table 2 Preliminary Cost Estimates Alternative i- Ri ht of Wa Fit's Construction Total Cost A $8 710 500 $27 900 000 $36 610 500 A2* $6 948 000 $31 700 000 $38 648 000 B $8 548 000 $28 900 000 $37 448 000 B2* $6 785 500 $32 700 000 $39 485 500 C $8 397 500 $30 100 000 $38 497 500 C2* $6 635 000 $33 900 000 $40 535 000 *Mapleton Service Road Option WATERS OF THE UNITED STATES Streams This section contains information concerning surface water resources likely to be affected by the proposed project Water resource assessments include the physical characteristics best usage standards and water quality aspects of the water resources along with their relationship to mayor regional drainage systems Probable impacts to surface water resources are also discussed as are means to minimize potential impacts a) Best Usage Classification Water resources within the study area are located in the Chowan River Basin (USGS Hydrologic Unit 03010204 NCDWQ Subbasin 03 01 02) Several water resources are present in the study area Two of these streams Potecasi Creek and Mill Branch are named These water resources also include unnamed perennial and intermittent tributaries of Potecasi Creek and an intermittent tributary to Mill Branch Two ponds are also present within the study area Potecasi Creek a fourth order stream flows north into the Meherrin River Its drainage area is approximately 238 square miles and includes perennial and intermittent streams within the study area Mill Branch a first order stream flows into Potecasi Creek north of the study area Its drainage area is approximately 5 7 square miles and includes on intermittent stream within the study area Streams have been assigned a best usage classification by the NCDWQ that reflects water quality conditions and potential resource usage Unclassified tributaries carry the same best usage classification as the classified stream to which they are tributary The classification- for- Potecasi- Creek- (NCDWQ Index No 25 4 8 09/06/79) is Class C Nutrient Sensitive Waters (NSW) from its source to Meherrm River Mill Branch (NCDWQ Index No 25 4 8 11 09 05 79) is also assigned Class C NSW from its source to Potecasi Creek (NCDENR 2003a) Class C waters are protected for secondary recreation fishing wildlife fish and aquatic life propagation and survival agriculture and other uses suitable for Class C Secondary recreation includes those 7 activities performed in an infrequent unorganized or incidental manner NSW is a supplemental classification intended for waters needing additional nutrient management due to excessive growth of microscopic or macroscopic vegetation In general management strategies for point and non point source pollution control require control of nutrients such that excessive growths of vegetation are reduced or prevented and there is no increase in nutrients over target levels Management strategies are site specific The entire subbasin is classified as NSW (NCDENR 2002a) Within the Project Vicinity no High Quality Waters (HQW) are present HQW include Outstanding Resource Waters and waters protected for public drinking water supply (NCDENR 2003a) The county is under the jurisdiction of the North Carolina Division of Coastal Management (NCDCM) however no Areas of Environmental Concern as defined by the Coastal Area Management Act (CAMA) are present within the study area In addition the study area is within the Chowan River basin which currently does not have riparian buffer protection rules b) Physical Characteristics of Surface Waters Potecasi Creek at US 158 has a channel width of approximately 75 feet and a water depth greater than 4 feet At the bridge the stream is constricted to approximately 50 feet wide Bank heights are approximately 6 feet from the edge of water Potecasi Creek has a substrate composed of 15 percent sand 45 percent silt and 45 percent clay Potecasi Creek exhibits high sinuosity The stream runs on either side of US 158 and makes an oxbow bend as it passes under the bridge Where the stream parallels US 158 the banks adjacent to the road are very steep however there is a riparian buffer On the north side of US 158 a power line ROW interrupts the buffer Mill Branch is an extremely braided system at US 158 Currently there are four culverts connecting the system under US 158 At the westernmost culvert on the south side of US 158 Mill Branch has an average channel width of 4 feet (1 22 m) and a water depth ranging from 2 to 4 feet (0 6 to 12 m) The stream channel is more defined on the south side of the westernmost culvert and on the north side of the easternmost culvert The substrate in Mill Branch is composed of 10 percent sand 50 percent clay and 40 percent silt Several intermittent and perennial tributaries are included within the study area Table 3 presents all streams within the study area and their perennial or intermittent stream determinations ( SA through SS ) These tributaries begin as intermittent often braided streams within forested headwater wetlands In these headwater areas substrate composition is mostly_ silt _and_sand Exposed roots are abundant Headcuts and undercut banks are also present in these reaches Adjacent to agricultural fields these streams often exhibit signs of increased instability as evidenced by scouring and some incising Overall the streams have a very low grade slope which is characteristic of the Coastal Plain Scores were assigned to each stream within the study area using the USACE Stream Quality Assessment Worksheet (see Table 3) These are based on a scale of 0 to 100 with 100 being a very high quality stream Table 3 Stream Characteristics M Y �� Channel Width �� Bankfull D�epth� �IJSA,CE � Stream Stream' T e� eet�) , (Feet Quaht Score Mill Branch* (SA) Perennial 40 2 0 to 4 0 73 Potecasi Creek (SB) Perennial 750 60+ 66 Unnamed Tributary to Perennial 40 10 64 Potecasi Creek (SC) Unnamed Tributary to Perennial 400 80 59 Potecasi Creek (SD) Unnamed Tributary to Perennial 10 05 35 Potecasi Creek (SF) Unnamed Tributary to Perennial 80 30 54 Potecasi Creek (SJ) Unnamed Tributary to Intermittent 20 05 Potecasi Creek (SK) Unnamed Tributary to Intermittent Potecasi Creek & Perennial 30 05 64 (SL /SM) Unnamed Tributary to Intermittent 30 05 Potecasi Creek (SN) Unnamed Tributary to Intermittent 30 10 41 Potecasi Creek (SP) Unnamed Tributary to Perennial 30 10 83 Potecasi Creek (SQ) Unnamed Tributary to Intermittent 30 20 27 McHerrm River (SR) Unnamed Tributary to Perennial 20 05 46 McHerrin River (SS) Unnamed Tributary to Intermittent NA NA 32 Potecasi Creek (SCC) & Perennial *Measurements for Mill Branch were taken near the westernmost culvert The intermittent streams transition into perennial streams downslope through the larger palustrine forested wetland areas frequently after the confluence with other intermittent streams These channels often exhibit only minor sinuosity and have active floodplains as is common in the Coastal Plain They exhibit characteristics of ground water flow such as the presents of iron oxidizing bacteria In some areas streams widen to become swampy areas of standing or very slow moving water with some braiding of the channels 0 Two ponds are present within the western half of the study area One pond is narrow with steep wooded side slopes The other pond occurs within the scrub shrub wetland c) Water Quality This section describes the quality of water resources within and downstream of the study area Water quality assessments are made based on published resource information and existing general watershed characteristics Both point and non point sources of pollution are evaluated such as potential sediment loads and toxin concentrations of these waters These data provide insight into the potential for water resources within the study area to meet human needs and provide habitat for aquatic organisms Benthic Macro invertebrate Ambient Network The Basinwide Monitoring Program (Program) managed by the NCDWQ is part of an ongoing ambient water quality monitoring program that addresses long term trends in water quality The Program monitors ambient water quality by sampling at fixed sites for selected benthic macro invertebrate organisms which are sensitive to water quality conditions as part of the Benthic M acroi n vertebrate Ambient Network (BMAN) Samples are evaluated on the number of taxa present of intolerant groups [Ephemoptera Plecoptera Trichoptera (EPT)] and a taxa richness value (EPT S) is calculated A biotic index value is also calculated for the sample that summarizes tolerance data for all species in each collection The two rankings are given equal weight in final site classification The biotic index and taxa richness values primarily reflect the effects of chemical pollution and are a poor measure of the effects of physical pollutants such as sediment Although there is a benthic monitoring station on Potecasi Creek this site was sampled but not rated in 2000 During the sampling visit habitat degradation and severe stress were noted at Potecasi Creek Only the Meherrm River was rated based on benthic data and it received a rating of Good (NCDENR 2002a) Water Quality Monitoring Data The Chowan River Basmwide Water Quality Plan does not designate support ratings for Potecasi Creek or-Mill Bianch (NCDENR 2002a) In 1997 Potecasi Creek was deemed to be impaired as it had Fair water quality which was thought to be a result of agricultural runoff and channelization However it was noted that the low pH and low dissolved oxygen values could have been due to natural swamp conditions While Potecasi Creek is currently not rated it is one of two streams that DWQ has T recommended undergo a Swamp Waters Study_Plan The details of a Swamp Waters Study Plan are currently in development by NCDWQ and not readily available at this time In addition Potecasi Creek is listed on the most recent Clean Water Act Section 303(d) list as impaired waters (NCDENR 2002b) It is listed under Category 5 which requires Total Maximum Daily Loads (TMDL) 10 Point and Non point Source Dischargers There are no NPDES dischargers within the subbasm (NCDENR 2003b) Land use within the subbasm which can contribute to non point source pollution is approximately 65 percent forested 1 percent pasture 32 percent agriculture and less than 1 percent urban (NCDENR 2002a) Agriculture is the primary land use therefore it is the primary threat for non point source pollution within the study area Large agricultural areas throughout the study area may introduce nutrients herbicides or pesticides if used for crop management In several areas agricultural drainage ditches drain directly into the headwater wetlands and intermittent streams Erosion from these fields also contributes sediment to the water resources Current timber activity within the study area has the potential to introduce additional sediment load to the streams In addition there are several poultry farms within the project vicinity To a smaller extent residential runoff through the roadside drainage ditches or lawn management may also introduce previously mentioned pollutants d) Impacts Impacts to water resources in the study area are likely to result from activities associated with project construction Table 4 shows the estimated impacts to streams for each alternative Individual stream crossing impacts may include clearing and grubbing on stream banks and in wetlands riparian canopy removal in stream construction fertilizers and pesticides used in revegetation and pavement installation The following impacts to surface water resources are likely to result from the aforementioned construction activities • Increased sedimentation and siltation downstream of the construction zone and increased erosion in the project construction area • Changes in light incidence and water clarity due to increased sedimentation and vegetation removal • Alternation of water levels and flows due to interruptions and/or additions to surface and ground water flow from construction • Changes in and destabilization of water temperature due to vegetation removal • Increased nutrient loading during construction via runoff from exposed areas • Increased concentrations of toxic compounds in roadway runoff •- - Potential increase of toxic compound releases such as fuel and oil from construction equipment and other vehicles • Alteration of stream discharge due to silt loading and changes in surface and ground water drainage patterns 11 Table 4 Stream Imnactc (linenr fPPtl i 741 Stream Alternative FMternative 74AIde'rIative Alternatives lternative� Alternative, *W wkm A K ,1, B J%%J' � , C` C2) UT to Meherrin River (SS) 64 64 64 64 64 64 UT to Potecasi 11997 18169 11997 18169 11997 18169 Creek (SD) UT to Potecasi Creek (SQ) 12920 12920 13475 13475 108 81 108 81 UT to Potecasi Creek (SC) 16643 16643 NA NA 12436 12436 UT to Potecasi Creek (SJ) 7692 7692 25671 25671 46 17 46 17 UT to Potecasi Creek (SL) NA NA 255 18 255 18 NA NA UT to Potecasi Creek (SN) NA NA 1529 1529 NA NA UT to Potecasi Creek (SF) 3394 3394 NA NA NA NA Potecasi Creek (SB) 247 12 24712 247 12 247 12 32950 32950 Mill Branch (SA) 7956 7956 7956 7956 7956 7956 UT to Potecasi Creek (SCC) NA NA NA NA 719 16 719 16 TotalkStFeaim 91714 � g 978 86 7258 IV-'Il 123430 159153tF 1653 25Im acts " ' J � � �3 k "� In order to minimize potential impacts to water resources in the project vicinity NCDOT s Best Management Practices (BMPs) for Construction and Maintenance Activities should be strictly enforced during the construction phase of the project Limiting in stream activities and revegetating stream banks immediately following completion of the grading can further reduce impacts Seed mixes used in revegetatmg stream banks should not include tall fescue Use of turbidity curtains for this project was reviewed and investigated Given the dimensions for the streams in the study area and general design considerations for turbidity curtains in many instances the specified floatation components for turbidity curtains are larger than the depth of the stream and would most likely result in additional expense with minimal added benefit However Potecasi Creek is a large enough system featuring a width of 75 feet and maintaining a sufficient water depth to support the use of a turbidity curtain The use of a turbidity curtain in Potecasi Creek should be considered during project design as it is designated as having nutrient sensitive waters and increased sediment downstream could impact aquatic systems Turbidity curtains are -not - recommended for the remaining streams within the study area as water conditions do not meet the requirements for the installation of turbidity curtains The majority of other streams in the study area are less than 4 feet in width and 3 feet in depth where floatation requirements would not be met 12 Wetlands There are seven wetland community types found within the delineated portion of the project study area Riparian Forest Bottomland Hardwood Forest Scrub Shrub Swamp Forest Headwater Forest Headwater Ditch and Pine Savanna Approximately 40 jurisdictional wetland sites were delineated within the project study area Of these 40 sites between 21 and 24 are impacted by the proposed alternatives Table 5 details the wetland sites that are impacted by Alternatives A A2 B B2 C and C2 Floodplains Hertford County is currently participating in the National Flood Insurance Regular Program The tributaries to Potecasi Creek and Potecasi Creek itself are in designated flood hazard zones where detailed flood studies have not been performed The Mill Creek crossing is not located within a flood hazard zone The floodplam area in the vicinity of he stream crossings is primarily rural and undeveloped The terrain throughout most of the project is rolling with streams and natural draws located such that the project can be drained without difficulty Existing drainage patterns will be maintained to the extent practicable It is not anticipated that the proposed project should have any adverse impacts on the existing floodplam 13 Table 5 Wetland unmet, k0_11 �Altecnahves �4 'Site-' Wetla d ID rW�e land T�� e ��, �A A�2 ��� B 3 B_2 G � C2 1 WTT Riparian Forest 0 097 0 097 0 093 0 093 0 096 0 096 3 WRR Headwater Ditch 0 004 0 004 0 005 0 005 0 004 0 004 6 WPP Swamp Forest 0 411 1 325 0 391 1 325 0 414 1 325 7 WNN Headwater Ditch 0 010 0 016 0 013 0 016 0 008 001 8 WMM Headwater Ditch 0 015 0 023 0 019 0 023 0 014 0 023 9 WLL Riparian Forest 0 370 0 481 0 388 0 481 0 970 0 481 10 WLL Riparian Forest 0 082 0 131 0 018 0 131 0 006 0 131 12 WHH/WGG Headwater Forest 0 094 0 094 0 780 0 780 0 069 0 069 13 WFF Headwater Forest 0 004 0 004 14 WEE Riparian Forest 0 150 0 150 15 WY Headwater Forest 0 021 0 021 0 022 0 022 16 WY Headwater Forest 0 004 0 004 17 WT Bottomland Hardwood 0 048 0 048 0 048 0 048 18 WT Bottomland Hardwood 0 016 0 016 0 019 0 019 20 WT Bottomland Hardwood 0173 0173 0184 0184 21 WS Bottomland Hardwood 0 052 0 052 0 057 0 057 23 WX Headwater Forest 0 051 0 051 27 WK Bottomland Hardwood 0 029 0 029 0 027 0 027 0 029 0 029 30 WG Scrub Shrub 0 030 0 030 0 028 0 028 0 030 0 030 31 WE Head Water Ditch 0 007 0 007 0 007 0 007 0 007 0 007 33 WD Swamp Forest 1177 1 177 1219 1219 1181 1 181 34 WD Swamp Forest 0 059 0 059 0 048 0 048 0 086 0 086 35 WC Headwater Forest 0 025 0 025 0 025 0 025 0 027 0 027 36 WB Headwater Forest 0 010 0 010 0 012 0 012 0 010 0 010 37 WA Pine Savanna 0 089 0 089 0 083 0 083 0 098 0 098 38 - - WA - -Pine Savanna —0 023— - 0 023 0 023 0 023 - -0 023--0 -023 -- 39 WJJ Swamp Forest 0 054 0 054 0 009 0 009 40 WCC Swamp Forest 0 625 0 625 41 WV300 Swamp Forest 1821 1821 Total (A�e } � a ��2 900 3 988 �3 663 X4 810 5 578 61421 14 MITIGATION EVALUATION The USACE through the CEQ has adopted a wetland mitigation policy that embraces the concept of no net loss of wetlands and sequencing The purpose of this policy is to restore and maintain the chemical biological and physical integrity of Waters of the United States specifically wetlands Mitigation of wetland impacts has been defined by the CEQ to include the following avoiding minimizing rectifying reducing (over time) and compensating for impacts (40 CFR 1508 20) These three aspects are avoidance minimization and compensation and must be considered sequentially Avoidance mitigation examines all appropriate and practicable possibilities of averting impacts to Waters of the United States According to a 1990 Memorandum of Agreement (MOA) between the U S Environmental Protection Agency (USEPA) and the USACE when determining appropriate and practicable measures to offset unavoidable impacts such measures should be appropriate to the scope and degree of those impacts and practicable in terms of cost existing technology and logistics in light of overall project purposes Complete avoidance of wetlands is not possible due to the extent of wetlands in the study area Minimization includes the examination of appropriate and practicable steps to reduce the adverse impacts to Waters of the United States Implementation of these steps will be required through project modifications and permit conditions Minimization typically focuses on decreasing the footprint of the proposed project through the reduction of median widths ROW widths fill slopes and/or road shoulder widths Widening to the South at the west end of the project and to the North at the east end of the project was used to avoid excessive wetland impacts Compensatory mitigation is not normally considered until anticipated impacts to Waters of the United States have been avoided and minimized to the maximum extent possible It is recognized that no net loss of wetlands functions and values may not be achieved in each and every permit action Appropriate and practicable compensatory mitigation is required for unavoidable impacts that remain after all appropriate and practicable minimization has been achieved Compensatory actions often include restoration creation and enhancement of Waters of the United States specifically wetlands Such actions should be undertaken in areas adjacent or contiguous to the discharge site if practical Compensatory mitigation will likely be required for the potential impacts associated with this project Wetland restoration or enhancement potential should be evaluated for the wetlands WG and WQQ if these areas are not impacted by the final project Recent disturbance in both of these areas has altered the vegetation and possibly the hydrology The hydrology and vegetation within portions of this area could be adjusted to improve habitat and water storage functions that were lost during previous timbering activities If Alternative C is selected the existing bridge over Potecasi Creek would be removed as part of potential wetland mitigation 15 PROTECTED SPECIES Some populations of fauna and flora are or have been in the process of decline either due to natural forces or their inability to co exist with human development Federal law [under the provisions of the Endangered Species Act (ESA) as amended] requires that any action likely to adversely affect a species classified as Federally protected be subject to review by the USFWS Other species may receive limited additional protection under Separate State laws a) Federally Protected Species Plants and animals with Federal classifications of Endangered (E) Threatened (T) Proposed Endangered (PE) and Proposed Threatened (PT) are protected under the provisions of Sections 7 and 9 of the ESA as amended The USFWS (last update December 11 2006) and NCNHP (last update May 2003) list on Federally protected species for Hertford County The Red cockaded woodpecker (Picoades borealis) is listed as endangered at the Federal and State levels The Biological Conclusion for the species is May Affect Not Likely to Adversely Affect due to the limited suitable habitat within the study area The pine savanna within the eastern edge of the study area contains pines of intermediate age with an open understory however this area is relatively small and not contiguous with other suitable habitats No individuals or nest cavities of this species were observed during the site visit This survey and resulting Biological Conclusion are considered valid for two years form the date of the survey A letter requesting USFWS concurrence on this Biological Conclusion will be submitted by NCDOT A review of the NCNHP database of rare species and unique habitats shows no occurrence of Federally protected species within 1 mile of the study area (NCDENR 2003c) b) Federal Species of Concern and State Listed Species There is one species listed as a Federal Species of Concern (FSC) by the USFWS and NCNHP for the county ( USFWS 2003 NCDENR 2003c) Species classified as FSC are not afforded Federal protection under the ESA and are not subject to any of its provisions including Section 7 until they are formally proposed or listed as Threatened or Endangered However the status of these species is subject to change and should be included for consideration FSC are defined as species that are under consideration for listing for which there is insufficient information to support listing In addition organisms that are listed as Endangered (E) Threatened (T) or Special Concern (SC) under the North Carolina State Endangered Species Act of 1987 and The North Carolina Plant Protection and - Conservation -Act of -1979 are afforded limited State protection 16 In the county the Chowanoke Crayfish (Orconectes virginiensis) is listed as FSC by the USFWS The state status of this species is SC Within the study area there is potential habitat for this species The known habitat for this species includes sluggish streams or swamps on sand or gravel substrates and sluggish streams flowing through woodlands on sandy or gravelly substrates A review of the NCNHP database of rare species and unique habitats shows no occurrence or FSC within 1 mile of the study area (NCDENR 2003c) WILD AND SCENIC RIVERS The project will not impact any Designated Wild and Scenic Rivers or any rivers included in the list of study rivers (Public Law 90 542 as amended) CULTURAL RESOURCES This project is subject to compliance with Section 106 of the National Historic Preservation Act of 1966 as amended and implemented by the Advisory Council on Historic Preservation s Regulations for Compliance with Section 106 codified as 36 CFR Part 800 Section 106 requires Federal agencies to take into account the effect of their undertakings (federally funded licensed or permitted) on properties included in or eligible for inclusion in the National Register of Historic Places (NRHP) and to afford the Advisory Council a reasonable opportunity to comment on such undertakings Historic Architecture A detailed survey was conducted for Alternatives A and B Thirty seven properties that are at least fifty years old were identified during a field survey Of these only three were determined to be eligible for the NRHP Britt Store Mt Tabor Baptist Church and cemeteries and the William H Kiff House The North Carolina State Historic Preservation Office (HPO) confirmed the eligibility of these properties in correspondence dated April 25 2003 and July 10 2003 The addition of Alternative C resulted in a larger Area of Potential Effects (APE) NCDOT conducted additional surveys to identify historic architectural resources located within-the expanded APE No propemes eligible for or listed on the NRHP were - -- - - identified within the new location portion of Alternative C except for the previously identified Mt Tabor Baptist Church and cemeteries the HPO concurred with this determination in a concurrence form dated August 31 2005 Figure 2 (refer to the EA) shows the locations of all three eligible sites 17 Table 6 Architectural Resources Eligible for the National Register Property Name Criteria � Eli ibilht a V Description t �� W Location n J f I k CAI Britt Store A C Commercial Adjacent to US 158 and building SR 1304 intersection Mapleton Mt Tabor Baptist Church A C Church and US 158 east of SR 1176 and Cemeteries cemeteries William H Kiff House C Agricultural Adjacent to the US 158/ complex SR 1174 intersection a) Eligible Properties Britt Store The Britt Store is located at the northwest corner of the intersection of US 158 and SR 1303 within the Mapleton community The circa 1880 single story store is a front gabled frame building with a false front a shed roofed addition on the east side has a lower false front Both false fronts are weatherboarded and have cornices supported by carved brackets and decorative frieze boards The Britt Store has been determined eligible for the National Register of Historic Places under Criterion A in the areas of commerce and transportation for its association with the commerce related to Hill s Ferry and the surrounding rural area The store is also eligible under Criterion C in the area of architecture as a relatively intact example of a late nineteenth century store building in a rural crossroads community The building retains its original form and the architectural detailing in the parapets The eligible boundary of the Britt Store encompasses the entire 0 29 acre lot historically associated with the store and conforms to the present tax boundary following the existing right of way along US 158 and Mapleton Road (SR 1304) Mt Tabor Baptist Church and Cemeteries Mt Tabor Baptist Church stands on the south side of US 158 near Mapleton dust east of the intersection with SR 1176 (Mt Tabor Church Road) Two cemeteries share the site one is directly behind the church spreading to the west and the other is south of the church closer to the highway and bordered on its south side by Potecasi Creek The Mt Tabor Baptist Church has been determined eligible for the National Register of Historic Places under Criterion A in the area of social history for its association with the development of communities in rural Hertford County The church is eligible under Criterion C in the area of architecture as a relatively intact example of antebellum churches built by Baptist congregations in rural Hertford County Additions have been made to the building but its original form and materials are still easily discernable The additions all made to the rear are small in scale and do not overwhelm the original building The church building meets Criteria Consideration A for a property owned by a religious institution or used for religious purposes but which derives its primary significance from architectural distinction or historical importance The eligible boundary of the Mt Tabor Baptist Church encompasses the entire six acres historically associated with the church and cemeteries and conforms to the present tax boundary following existing right of way along US 158 William H Koff House The house and its outbuildings stand at the southwest corner of the function of US 158 and SR 1174 The buildings crowd the corner while agricultural fields spread south on both sides of SR 1174 The complex consists of a house a kitchen and a smokehouse The house (ca 1860) is a single story gable end weatherboarded frame house with rear ell The front section is dressed in vernacular Greek Revival style and has a center hall plan The kitchen (ca 1860) stands dust southeast of the house and also faces north This gable end building has two interior brick stacks a full width shed roofed front porch and six over line reflecting the historic appearance of the tract This area is smaller than the current tax boundary which includes 145 acres on both sides of Mt Moriah Road (SR 1174) b) Project Effects The potential effect of the proposed US 158 widening project on eligible architectural resources in the project area was evaluated pursuant to the Assessment of Adverse Effects (36 CFR 800 5) For Alternatives A B and C the new lanes will be placed south of existing US 158 in the Mapleton vicinity in order to avoid impacts to both the Britt Store as well as - - -- homes on the north -side of the roadway In January 2006 HPO FHWA and- NCDOT` - - -- concurred that each of the three alternatives would have No Effect on the Britt Store property In January 2006 HPO FHWA and NCDOT agreed that Alternatives B and C would have -No- Effect on -Mt Tabor Church It was also agreed that Alternative A would have an Adverse Effect on Mt Tabor Church Further coordination with the U S Army Corps of Engineers and HPO may be required to determine if the Mt Tabor Baptist Church is considered to be within the project s federal permit area thereby making Section 106 requirements applicable six double hung sash windows A front gable frame smokehouse (ca 1860) stands to the west facing the kitchen and 19 the rear wing of the house The William H Kiff House and its outbuildings have been determined eligible for the National Register of Historic Places under Criterion C in the area of architecture as an intact domestic agricultural complex from the mid nineteenth century The Kiff House is a rare well preserved example of a one story vernacular Greek Revival dwelling in Hertford County The complex including the kitchen and smokehouse represents the types of buildings commonly employed on small self sufficient farms of the period The eligible boundary for the William H Kiff House encompasses the three buildings and sufficient surrounding land to create a sense of the historic setting As drawn the boundary includes the buildings and 5 5 acres of cleared agricultural fields reaching to forested areas at the south boundary For Alternatives A B and C widening in the vicinity of the Kiff House was shifted to the north side of US 158 to avoid impacts to the property The adjacent intersecting street was shifted slightly east in order to straighten the intersection angle In January 2006 HPO FHWA and NCDOT concurred that each of the three alternatives would have No Effect on the Kiff House A copy of the January 2006 effects form can be found attached Archaeology An intensive archaeological survey was conducted within the study corridor for Alternatives A and B A total of 21 historic resources was identified and evaluated (15 archaeological sites 5 family cemeteries and 1 historic resource) Of the 15 archaeological sites identified within the study corridor 13 sites (31HF260 31HF261 31 HF262 31 HF263 31 HF264 31 HF265 31 HF266 31 HF267 31 HF269 31 HF270 31HF271 31HF274 and 31HF275) were recommended as not eligible for inclusion in the NRHP In a memo dates July 9 2004 the HPO concurred that these sites were not eligible for such listing since these properties do not retain the level of integrity nor do they posses the potential to yield significant new information pertaining to the prehistory of North Carolina Both of the two remaining archaeological sites (31HF268 and 31HF278) are -- recommended -as- eligible -for the NRHP— Representing the remains of a farm complex that appears to have been occupied from the mid nineteenth to the mid twentieth centuries Site 31HF268 consists of at least one intact feature with the potential for other intact features below the plowzone therefore Site 31HF268 is recommended as eligible for the NRHP per Criterion D Site 31HF278 is a Civil War period earthwork and archaeological site probably constructed -in 1862 -and occupied by Confederate forces —This resource is locally significant for its role as part of the Union campaign against the Weldon Railroad one of only two campaigns conducted within the confines of what is now Hertford County Site 31HF278 therefore is recommended as eligible for inclusion in the NRHP for the following reasons (1) the site is associated with the broad patterns of local state and national history (Criterion A) (2) the earthwork is one of the very few intact Civil 20 War fortifications found in Hertford County that has retained its integrity (Criterion C) and (3) the archaeological information will contribute important information about history or prehistory (Criterion D) In a memo dated July 9 2004 the HPO concurred that these two archaeological sites are eligible for the NRHP since they have the potential to _ yield new information about the historic archaeology of the Coastal - Plain_ Should either of these sites be impacted by the proposed project mitigation efforts are recommended Five family cemeteries three active (31HF273 31HF276 and 31HF277) and two inactive (31HF272 and 31HF279) have been identified in or adjacent to the study corridor Four -of -the cemeteries (31HF272 31HF276 31HF277 -and 31HF279) -are recommended -as not eligible for inclusion in the NRHP since (1) the cemeteries do not appear to meet National Register Criteria Consideration D governing cemeteries (2) they are not associated with an important historic event and do no contain graves of individuals of transcendent importance and (3) the marked graves do not demonstrate any particularly distinctive characteristics with regard to design The Lee family cemetery (31HF273) containing one interment and last used in 1995 as indicated by the grave marker is currently maintained and located in the yard of a residence This cemetery postdates 1954 and does not appear to meet the age criteria established for inclusion in the NRHP Avoidance of all cemeteries is recommended however if any of these sites are to be impacted by the proposed alternatives removal per applicable State statutes (i e NC GS 65 or NC GS 70 Article 3) is recommended The remaining historic resource identified as part of the intensive archaeological survey consists of the Mt Tabor Baptist Church and its two associated cemeteries (Section E 2 a) Since Alternative C was added to the list of proposed alternatives after the intensive archaeological survey was completed the NCDOT conducted an additional preliminary review of the new location portion of Alternative C This review revealed a low potential for containing intact remains on either side of Potecasi Creek portions of which have already been surveyed In addition the west side of Potecasi creek shows signs of previous timbering and bulldozing activities while the east side of the creek can be categorized as hydric with a very high water table NCDOT has recommended that a detailed survey within the Alternative C corridor be conducted only if this alternative is selected as the preferred for the proposed project due to the fact that the design and orientation of Alternative C may impact Site 31HF278 which is eligible for the NRHP In a memo dated July 19 2005 the HPO then concurred with the steps proposed by the NCDOT to evaluate any adverse effects to the extant cultural resources located either within or adjacent to the project 21 HAZARDOUS MATERIALS A field reconnaissance survey was conducted along the project The purpose of this investigation was to identify the existence of any-unknown hazardous materials within the proposed project alignment In addition to the field survey a file search of appropriate environmental agencies was conducted to identify any known problem sites along the proposed project alignment Based on the field reconnaissance survey there are no anticipated UST impacts Based on the GIS search and the field reconnaissance no apparent Resource Conservation and Recovery Act (RCRA) or the Comprehensive Environmental- Response Compensation and Liability Act (CERCLA) sites were identified within the project limits Based on the GIS no regulated or unregulated landfills or dumpsites occur within the project limits LOGICAL TERMINI / INDEPENDENT UTILITY Federal Highway Authority (FHWA) regulations [23 CFR 771 111(f)] outline three general principals to determine project limits The regulations state In order to ensure meaningful evaluation of alternatives and to avoid commitments to transportation improvements before they are fully evaluated the action evaluated in each EIS or FONSI shall • Connect logical termini and be of sufficient length to address environmental matters on a broad scope • Have independent utility or interdependent significance a e be usable and be a reasonable expenditure even of no additional transportation improvements in the area are made and • Not restrict consideration of alternatives for other reasonably foreseeable transportation improvements The project s termini and other elements meet the FHWA s criteria for logical termini The project would provide system linkage between northeastern North Carolina and Interstate 95 support economic development in Hertford and surrounding counties and ensure future safety along project limits The project is of sufficient length (8 3 miles) to address environmental matters on a broad scope The potential for segmentation was avoided during the planning for this project by evaluating environmental impacts for the entire length of the proposed project The project would have independent utility even if no additional transportation improvements were made in the area The proposed project would not restrict consideration of alternatives for other reasonably foreseeable transportation improvements in the area 22 Enclosed you will find a completed ENG Form 4345 and mailing labels This submittal is in accordance with Step 4 of the guidelines for integrating project review under the National Environmental Policy Act and Section 404 of the Clean Water Act This letter along with the previously distributed EA should provide sufficient information for the issuance -of - -a Public- Notice for the project - The - public - hearing -is- scheduled for July 19 - — 2007 -- If you have any questions or need additional information please contact Charles R Cox P E at (919) 733 7844 extension 301 Sincerely fdaGregory J Thorpe PhD Manager Project Development and Environmental Analysis CC Mr Scott McLendon USACE Wilmington Mr David Wainwright NCDWQ (7 copies) Mr Travis Wilson NCWRC Mr Chris Militscher USEPA Mr Gary Jordan USFWS Mr Clarence W Coleman P E FHWA Mr Jay Bennett P E Roadway Design Mr Phil Harris P E Natural Environment Unit Mr Carl Goode Human Environment Unit Mr Mated Al Ghandour P E Programming and TIP Mr Art McMillian P E Highway Design Mr David Chang P E Hydraulics Mr Greg Perfetti P E Structure Design Mr Mark Staley Roadside Environmental Mr Anthony W Roper P E Division 1 Engineer Mr Clay Willis DEO Division 1 23 APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT I OMB APPROVAL NO 0710 003 (33 CFR 325) Expires December 31 2004 Public reporting burden for this collection of Information is estimated to average 10 hours per response although the majority of applications should require 5 hours or less This Includes the time for reviewing Instructions searching existing data sources gathering and maintaining the data needed and completing and reviewing the collection of Information Send comments regarding this burden estimate or any other aspect of this collection of information including suggestions for reducing this burden to Department of Defense Washington Headquarters Service Directorate of Information Operations and Reports 1215 Jefferson Davis Highway Suite 1204 Arlington VA 22202 -4302 and to the Office of Management and Budget Paperwork Reduction Project (0710 -0003) Washington DC 20503 Respondents should be aware that notwithstanding any other provision of law no person shall be subject to any penalty for failing to comply with a collection of Information if it does not display a currently valid OMB control number — Please DO NOT RETURN your form to either of those addresses — Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity PRIVACY ACT STATEMENT Authority Rivers and Harbors Act Section 10 33 USC 403 Clean Water Act Section 404 33 USC 1344 Marine Protection Research and Sanctuaries Act 33 USC 1413 Section 103 Principal Purpose Information provided on this form will be used In evaluating the application for a permit Routine Uses This Information may be shared with the Department of Justice and other federal state and local government agencies Submission of requested Information Is voluntary however if information is not provided the permit application cannot be evaluated nor can a permit be issued One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity An application that is not completed In full will be returned ITEMS 1 THRU 4 TO BE LLED BY THE CORPS 1 APPLICATION NO 2 FIELD OFFICE CODE 3 DATE RECEIVED 4 DATE APPLICATION COMPLETED ITEMS BELOW TO BE F LLED BYAPPLICANT 5 APPLICANTS NAME 8 AUTHORIZED AGENT S NAME AND TITLE (an agent is not requ ed) North Carolina Department of Transportation Project Development & Environmental Analysis 6 APPLICANTS ADDRESS 9 AGENTS ADDRESS 1548 Mail Service Center Raleigh NC 27699 1548 7 APPLICANTS PHONE NOS W /AREA CODE 10 AGENTS PHONE NOS W /AREA CODE a Residence a Residence b Business 919 733 3141 b Business 11 STATEMENT OF AUTHORIZATION I hereby authorize to act In my behalf as my agent In the processing of this application and to furnish upon request supplemental Information In support of this permit application APPLICANTS SIGNATURE DATE NAME LOCATION AND DESCRIPTION OR PROJECT OR ACTIVITY 12 PROJECT NAME OR TITLE (see struct o s US 158 Widening from Murfreesboro Bypass to US 13 West of Winton 13 NAME OF WATERBODY IF KNOWN (f apps able) 14 PROJECT STREET ADDRESS (f appl cable) Mehemn River Basin 15 LOCATION OF PROJECT Hertford County NC COUNTY STATE -- 16 OTHER LOCATION DESCRIPTIONS IF KNOWN (see nstructons) Section Township Range Lat/Lon and/or Accessorss Parcel Number for example 17 DIRECTIONS TO THE SITE Please see attached vicinity map and cover letter 18 Nature of Activity (Descr pt on of p otect nclude all feat res) Widen the existing US 158 to four 12 foot travel lanes paved shoulders and a 46 foot wide grassy median The existing facility will have partial control access and full control access on new location ENG FORM 4345 Jul 97 EDITION OF FEB 94 IS OBSOLETE (Proponent CECW OR) 19 Project Purpose (Descr be the reason purpose of the p oiect se nstruct o s) The purpose of this project is to provide system linkage specifically between northeastern North Carolina and Interstate 95 Support economic development in Hertford and surrounding counties and ensure future safety along the project hrruts on US 158 in Hertford County USE BLOCKS 20-22 IF DREDGED AND /OR FILL MATERIAL IS TO BE DISCHARGED 20 Reason(s) for Discharge The Widening of US 158 will result In roadway fill In wetlands 21 Type(s) of Material Being Discharged and the Amount of Each Type In Cubic Yards FIII from roadway 22— Surface Area in Acres of Wetlands or Other Waters Filled (see instr t ) See Merger Permit Application Letter 23 Is Any Portion of the Work Already Complete? Yes _ No X IF YES DESCRIBE THE COMPLETED WORK 24 Addresses of Adjoining Property Owners Lessees Etc Whose Property Adjoins the Waterbody (If mo than can b to ed he a please att h a supplemental I st) 25 List of Other Certifications or Approvals /Denials Received from other Federal State or Local Agencies for Work Described in This Application AGENCY TYPE APPROVAL IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED Would include but Is not restricted to zonmq building and flood plain Dermits 26 Application is hereby made for a permit or permits to authorize the work described in this application I certify that the Information in this application is complete and accurate I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the an� Iy 0 S;ie rtement APPLICAN DATE SIGNATURE OF AGENT DATE The a be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent in block 11 has been filled out and signed 18 U S C Section 1001 provides that Whoever in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies conceals or covers up any trick scheme or disguises a material fact or makes any false fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false fictitious or fraudulent statements or entry shall be fined not more than $10 000 or imprisoned not more than five years or both ENG FORM 4345 Jul 97 EDITION OF FEB 94 IS OBSOLETE (Proponent CECW OR) STATE OF NORTH CAROLINA 1(9 100 �J %watl� DEPARTMENT OF TRANSPORTATION 11,141011f MICHAEL F EASLEY LYNDO TIPPETT GOVERNOR SECRETARY June 12 2007 Mr Bill Biddlecome Transportation Project Manager Department of the Army Corps of Engineers Washington Regulatory Field Office Post Office Box 1000 Washington North Carolina 27889 1000 Dear Mr Biddlecome SUBJECT SECTION 404 N E P A MERGER PROCESS Application for a Department of the Army (DOA) Permit pursuant to Section 404 of the Clean Water Act TO DISCHARGE DREDGED OR FILL MATERIAL INTO WATERS OF THE UNITED STATES TO CONSTRUCT the proposed US 158 widening from Murfreesboro Bypass to US 13 West of Winton Hertford County WBS No 35489 1 1 T I P No R -2583 The following application including separate attachments for (1) ENG Form 4345 and (2) mailing list (labels) is submitted for your consideration As you are aware this project was selected for treatment under the new merger process At this puncture the Regulatory Division has provided concurrence with Purpose and Need with the selection of Detailed Study Alternatives and with the bridge locations and lengths An Environmental Assessment (EA) was prepared and signed on April 27 2006 The document was circulated on May 26 2006 A copy is attached Please issue your public notice at the earliest opportunity so that we can jointly proceed toward selecting the LEDPA (least environmentally damaging practicable alternative which meets the purpose and need of the project) following analysis of public input Once the LEDPA is selected and approved efforts will be undertaken to further minimize impacts to wetlands and riparian buffers in the LEDPA corridor and to propose suitable compensatory mitigation to offset unavoidable impacts The following information is a summary of relevant project details and is being provided to assist in the Section 404 regulatory review of the project Please note that more detailed information is available in the EA MAILING ADDRESS TELEPHONE 919 733 3141 LOCATION NC DEPARTMENT OF TRANSPORTATION FAX 919 733 9794 TRANSPORTATION BUILDING PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET 1548 MAIL SERVICE CENTER WEBSITE WWW DOH DOT STATE NC US RALEIGH NC RALEIGH NC 27699 1548 INTRODUCTION The North Carolina Department of Transportation (NCDOT) proposes to widen US 158 from Murfreesboro Bypass to US 13 west of Winton in Hertford County Figure 1 (refer to the EA) is a vicinity map and Figure 3 (refer to the EA) shows water resources and a map of the detailed study alternatives The proposed US 158 widening is approximately 8 3 miles in length (depending upon alternative) There will be a four lane divided facility consisting of four 12 foot travel lanes paved shoulders and a 46 foot wide grassy median The existing facility will have partial control access and full control access on new location The proposed right of way is approximately 250 feet for all build alternatives The proposed facility has a design speed of 60 miles per hour (mph) NEPA/404 MERGER PROCESS DOCUMENTATION Although this is a state funded action that is subject to North Carolina (or State) Environmental Policy Act (SEPA) requirements the proposed project is being developed through the National Environmental Policy Act (NEPA) /404 Merger Process to ensure systematic evaluation of the project plus avoidance and minimization of all potential impacts Concurrence Point 1 (Purpose & Need) was signed by Merger Team members on January 15 2003 Concurrent Point 2 (Alternatives for Detailed Study) was signed on May 19 2005 It was agreed upon by the Merger Team that Concurrence Point 2a (Bridging and Alignment Review) would be combined with Concurrence Point 3 (LEDPA) because there are only two potential bridge sites to discuss Copies of the above forms are attached PURPOSE AND NEED Project Need Within northeastern North Carolina only two counties Northampton and Halifax are directly served by 195 Improved regional mobility by widening US 158 is anticipated to help Hertford County as well as the northeastern region of NC attract industry The Hertford County Economic Development Commission has stated that most companies are looking for access to 195 and 185 Several mayor employers including the WCC Rivers Correctional Institution and Nucor Steel have already located to the area and truck traffic associated with both facilities utilizes US 158 Expansion of US 158 to a multi lane facility is needed to enhance connectivity to 195 as well as to other regional intrastate highways thereby increasing regional mobility and improving strategic highway system linkages The total crash rate on US 158 within the project study area is 137 accidents per 100 million vehicular miles traveled (mvm) Although this crash rate is less than the statewide average for similar two lane rural US routes (Table 1) the statewide average crash rates for four lane rural routes with access control show a trend of decreasing accidents over those of two lane rural US routes The fatal crash rate for the project study area is 2 08 accidents per 100 mvm higher than the statewide average however this accident total represents only 1 fatality during the study period US 158 has been designated by the Noith Carolina Board of Transportation as a Strategic Highway Corridor (Corridor #37) This corridor connects the Winston Salem Henderson Roanoke Rapids Elizabeth City and Kitty Hawk/ Kill Devil Hills/ Nags Head areas a length of approximately 200 miles The US 158 corridor is ultimately envisioned as a combination of a Freeway Expressway and Boulevard facility The corridor was included in the Strategic Highway Corridor program for several reasons including its connection between multiple activity centers and its function as a mayor hurricane evacuation route Tahle 1 Accident Rates for Project Studv Area_ August 1997 _Tiny 2002 s MW Total Crash'Rate Fatal Cras h Rate - (ACC /100MVM) (ACC /100MVM) US 158 Within Study Area 13708 2 08* Statewide Average Two -lane Rural US Routes (1998 2001) 16773 201 Statewide Average Four lane Rural US No Control of Access (1998 2001) 13785 129 Statewide Average Four lane Rural US Partial Control of Access (1998 2001) 7568 109 Statewide Average Four -lane Rural US Full Control of Access (1998 2001) 6350 072 * Note This rate represents 1 fatality during the 5 year study period Protect Purpose The purpose of the project is to • Provide system linkage specifically between northeastern North Carolina and Interstate 95 • Support economic development in Hertford and surrounding counties • Ensure future safety along the project limits on US 158 in Hertford County k ALTERNATIVES No Build, Mass Transit Alternatives 1 No Build Alternative The No Build Alternative would forego any improvements to US 158 with the exception of routine maintenance No new segment would be constructed and no roadway or intersection improvements would be performed The No Build Alternative would avoid any adverse environmental impacts in that no wetlands streams historic properties or other cultural and natural resources would be directly impacted However this alternative would not meet the stated purpose of the project as it would not support economic development or ensure future safety along this section of US 158 The No Build Alternative was eliminated from consideration because it does not meet the transportation needs of the region or the objectives of the project However the No Build Alternative does provide a basis for comparing the adverse impacts and benefits of the design options 2 Transportation System Management Alternatives Transportation Systems Management (TSM) improvements involve increasing the available capacity of the facility within the existing right of way with minimum capital expenditures and without reconstructing the facility Items such as the addition of turn lanes striping signing signalization and minor realignments are examples of TSM physical improvements Traffic law enforcement speed restrictions access control and signal timing changes are examples of TSM operational improvements These types of improvements were considered and some elements such as access control measures will be incorporated into the recommendations but TSM improvements alone would not meet the stated purpose of the project Therefore the TSM Alternative was not considered a reasonable and feasible alternative and was eliminated from further consideration 3 Mass Transit Alternatives There is no existing no cost mass transit in Hertford County due to lack of demand low density development and low population density The only form of mass transit in the area is the Choanoke Public Transportation Authority (CPTA) which provides subscription and demand - responsive transportation in Northampton Halifax Bertie and Hertford Counties the CPTA is based in Northampton County The study area is primarily rural with the town of Murfreesboro located west of the project limits Additionally US 158 carries a large proportion of through traffic with relatively high truck percentages which is not conducive to local mass transit Based on these factors the Mass Transit Alternative was eliminated from consideration as it would not effectively address the purpose and need for the proposed project El Detailed Study Alternatives Three main construction alternatives are currently proposed (refer to Figures 5 and 7 in the EA) One alternative (Alternative A) proposes to widen the roadway entirely on existing location while two alternatives (Alternatives B and C) propose to widen the majority of US 158 on existing location with a short new location bypass in the vicinity of Mt Tabor Baptist Church For each of the three construction alternatives an additional service road option is under consideration The Mapleton Option (referred to as A2 B2 and C2 in the table) proposes to shift US 158 farther south in Mapleton than what is proposed in Alternatives A B and C and providing access to residences on the north side by utilizing existing roadway as a service road This Mapleton option is designed to reduce the number of residential relocations in the vicinity of Mapleton Road (SR 1304) Partial access control will be maintained for any of the six construction alternatives Existing driveways exiting onto US 158 will be maintained however no new driveways will be allowed on any new location section (Alternatives 13 B2 C and C2) Existing stop sign controlled intersections will be modified to include directional crossovers and offset left turns (refer to Figure 6 in the EA) The 4 foot outside paved shoulder will accommodate any bicycle traffic The typical section design is consistent with the Strategic Highway Corridor vision for an Expressway design within the project limits While the Strategic Highway Corridor vision includes an interchange at the US 158/ US 13 intersection an interchange is not included within the scope of this project Any interchange at this location will be studied as part of TIP Project R 2507A a) Alternative A Widen on Existing This alternative would widen the roadway entirely along its existing location New lanes would be added south of the existing roadway between the Murfreesboro Bypass to Cool Spring Road east of Cool Spring Road the new lanes would be north of the existing roadway The alternative includes the construction of a new two -lane bridge over Potecasi Creek north of the existing structure In addition the existing bridge would also be replaced b) Alternative A2 Widen on Existing including Mapleton Service Road This alternative is the same as Alternative A except for the addition of the service road option that would shift US 158 further south in Mapleton and utilize the existing roadway as a service road c) Alternative B Widen on Existing with Northern Bypass This alternative would widen US 158 on existing location as described in Alternative A with the exception of a new location section north of the Mt Tabor Church Road (SR 1176) intersection The new location section would serve to straighten the existing curve as well as to avoid impacts to the nearby Mt Tabor Baptist Church property This alternative would also include a new crossing of Potecasi Creek in the W form of a two lane bridge to be located north of the existing crossing The existing Potecasi Creek bridge would also be replaced d) Alternative B2 Widen on Existing with Northern Bypass and Mapleton Service Road This alternative is the same as Alternative B except for the addition of the service road option that would shift US 158 further south in Mapleton and utilize the existing roadway as a service road e) Alternative C Widen on Existing with Southern Bypass This alternative would widen US 158 mostly on existing location as described in Alternative A with the exception of a new location section south of Mt Tabor Church Road (SR 1176) The new location section would both straighten the existing curve as well as avoid impacts to the historic church property This alternative would include the construction of two new two lane bridges over Potecasi Creek both to be located south of the existing crossing If this alternative is chosen the existing Potecasi Creek bridge would be removed as potential wetland mitigation f) Alternative C2 Widen on Existing with Southern Bypass and Mapleton Service Road This alternative is the same as Alternative C except for the addition of the service road option that would shift US 158 further south in Mapleton and utilize the existing roadway as a service road COST ESTIMATES AND SCHEDULE Preliminary cost estimates for the Detailed Study Alternatives are presented in Table 2 below Alternatives A2 B2 and C2 include the Mapleton Service Road option The costs include right of way and construction costs but do not account for any wetland or stream mitigation costs The project is included in the approved 2007 2013 State Transportation Improvement Program (STEP) (TIP Project No R 2583) with right of way acquisition scheduled to begin in state fiscal year (SFY) 2010 and construction scheduled to begin in SFY 2012 The total estimated cost included in the STEP is $35 700 000 G Table 2 Prelimmary Cost Estimates Alternative Right of-Way, Construction R` Y Total Cosh A $8 710 500 $27 900 000 $36 610 500 A2* $6 948 000 $31700000 $38 648 000 B $8 548 000 $28 900 000 $37 448 000 132* $6 785 500 $32 700 000 $39 485 500 C $8 397 500 $30 100 000 $38 497 500 C 2* $6 635 000 $33 900 000 $40 535 000 *Mapleton Service Road Option WATERS OF THE UNITED STATES Streams This section contains information concerning surface water resources likely to be affected by the proposed project Water resource assessments include the physical characteristics best usage standards and water quality aspects of the water resources along with their relationship to major regional drainage systems Probable impacts to surface water resources are also discussed as are means to minimize potential impacts a) Best Usage Classification Water resources within the study area are located in the Chowan River Basin (USGS Hydrologic Unit 03010204 NCDWQ Subbasm 03 01 02) Several water resources are present in the study area Two of these streams Potecasi Creek and Mill Branch are named These water resources also include unnamed perennial and intermittent tributaries of Potecasi Creek and an intermittent tributary to Mill Branch Two ponds are also present within the study area Potecasi Creek a fourth order stream flows north into the Meherrm River Its drainage area is approximately 238 square miles and includes perennial and intermittent streams within the study area Mill Branch a first order stream flows into Potecasi Creek north of the study area Its drainage area is approximately 5 7 square miles and includes on intermittent stream within the study area Streams have been assigned a best usage classification by the NCDWQ that reflects water quality conditions and potential resource usage Unclassified tributaries carry the same best usage classification as the classified stream to which they are tributary The classification for Potecasi Creek (NCDWQ Index No 25 4 8 09/06/79) is Class C Nutrient Sensitive Waters (NSW) from its source to Meherrm River Mill Branch (NCDWQ Index No 25 4 8 11 09 05 79) is also assigned Class C NSW from its source to Potecasi Creek (NCDENR 2003a) Class C waters are protected for secondary recreation fishing wildlife fish and aquatic life propagation and survival agriculture and other uses suitable for Class C Secondary recreation includes those 7 activities performed in an infrequent unorganized or incidental manner NSW is a supplemental classification intended for waters needing additional nutrient management due to excessive growth of microscopic or macroscopic vegetation In general management strategies for point and non point source pollution control require control of nutrients such that excessive growths of vegetation are reduced or prevented and there is no increase in nutrients over target levels Management strategies are site specific The entire subbasm is classified as NSW (NCDENR 2002a) Within the Project Vicinity no High Quality Waters (HQW) are present HQW include Outstanding Resource Waters and waters protected for public drinking water supply (NCDENR 2003a) The county is under the jurisdiction of the North Carolina Division of Coastal Management (NCDCM) however no Areas of Environmental Concern as defined by the Coastal Area Management Act (CAMA) are present within the study area In addition the study area is within the Chowan River basin which currently does not have riparian buffer protection rules b) Physical Characteristics of Surface Waters Potecasi Creek at US 158 has a channel width of approximately 75 feet and a water depth greater than 4 feet At the bridge the stream is constricted to approximately 50 feet wide Bank heights are approximately 6 feet from the edge of water Potecasi Creek has a substrate composed of 15 percent sand 45 percent silt and 45 percent clay Potecasi Creek exhibits high sinuosity The stream runs on either side of US 158 and makes an oxbow bend as it passes under the bridge Where the stream parallels US 158 the banks adjacent to the road are very steep however there is a riparian buffer On the north side of US 158 a power line ROW interrupts the buffer Mill Branch is an extremely braided system at US 158 Currently there are four culverts connecting the system under US 158 At the westernmost culvert on the south side of US 158 Mill Branch has an average channel width of 4 feet (1 22 m) and a water depth ranging from 2 to 4 feet (0 6 to 12 m) The stream channel is more defined on the south side of the westernmost culvert and on the north side of the easternmost culvert The substrate in Mill Branch is composed of 10 percent sand 50 percent clay and 40 percent silt Several intermittent and perennial tributaries are included within the study area Table 3 presents all streams within the study area and their perennial or intermittent stream determinations ( SA through SS ) These tributaries begin as intermittent often braided streams within forested headwater wetlands In these headwater areas substrate composition is mostly silt and sand Exposed roots are abundant Headcuts and undercut banks are also present in these reaches Adjacent to agricultural fields these streams often exhibit signs of increased instability as evidenced by scouring and some incising Overail the streams have a very low grade slope which is characteristic of the Coastal Plain Scores were assigned to each stream within the study area using the USACE Stream Quality Assessment Worksheet (see Table 3) n. These are based on a scale of 0 to 100 with 100 being a very high quality stream Table 3 Stream Characteristics *Measurements for Mill Branch were taken near the westernmost culvert The intermittent streams transition into perennial streams downslope through the larger palustrine forested wetland areas frequently after the confluence with other intermittent streams These channels often exhibit only minor sinuosity and have active floodplains as is common in the Coastal Plain They exhibit characteristics of ground water flow such as the presents of iron oxidizing bacteria In some areas streams widen to become swampy areas of standing or very slow moving water with some braiding of the charnels Oj USACE #gam e Channel�Width � Bankiull Depth Stream & Stream Type F eet)` j° eet Y Quality �Score� Mill Branch* (SA) Perennial 40 2 0 to 4 0 73 Potecasi Creek (SB) Perennial 750 60+ 66 Unnamed Tributary to Perennial 40 10 64 Potecasi Creek (SC) Unnamed Tributary to Perennial 400 80 59 Potecasi Creek (SD) Unnamed Tributary to Perennial 10 05 35 Potecasi Creek (SF) Unnamed Tributary to Perennial 80 30 54 Potecasi Creek (SJ) Unnamed Tributary to Intermittent 20 05 Potecasi Creek (SK) Unnamed Tributary to Intermittent Potecasi Creek & Perennial 30 05 64 (SUSM) Unnamed Tributary to Intermittent 30 05 Potecasi Creek (SN) Unnamed Tributary to Intermittent 30 10 41 Potecasi Creek (SP) Unnamed Tributary to Perennial 30 10 83 Potecasi Creek (SQ) Unnamed Tributary to Intermittent 30 20 27 McHerrin River (SR) Unnamed Tributary to Perennial 20 05 46 McHerrm River (SS) Unnamed Tributary to Intermittent NA NA 32 Potecasi Creek (SCC) & Perennial *Measurements for Mill Branch were taken near the westernmost culvert The intermittent streams transition into perennial streams downslope through the larger palustrine forested wetland areas frequently after the confluence with other intermittent streams These channels often exhibit only minor sinuosity and have active floodplains as is common in the Coastal Plain They exhibit characteristics of ground water flow such as the presents of iron oxidizing bacteria In some areas streams widen to become swampy areas of standing or very slow moving water with some braiding of the charnels Oj Two ponds are present within the western half of the study area One pond is narrow with steep wooded side slopes The other pond occurs within the scrub shrub wetland c) Water Quality This section describes the quality of water resources within and downstream of the study area Water quality assessments are made based on published resource information and existing general watershed characteristics Both point and non point sources of pollution are evaluated such as potential sediment loads and toxin concentrations of these waters These data provide insight into the potential for water resources within the study area to meet human needs and provide habitat for aquatic organisms Benthic Macroinvertebrate Ambient Network The Basinwide Monitoring Program (Program) managed by the NCDWQ is part of an ongoing ambient water quality monitoring program that addresses long term trends in water quality The Program monitors ambient water quality by sampling at fixed sites for selected benthic macroinvertebrate organisms which are sensitive to water quality conditions as part of the Benthic Macromvertebrate Ambient Network (BMAN) Samples are evaluated on the number of taxa present of intolerant groups [Ephemoptera Plecoptera Trichoptera (EPT)] and a taxa richness value (EPT S) is calculated A biotic index value is also calculated for the sample that summarizes tolerance data for all species in each collection The two rankings are given equal weight in final site classification The biotic index and taxa richness values primarily reflect the effects of chemical pollution and are a poor measure of the effects of physical pollutants such as sediment Although there is a benthic monitoring station on Potecasi Creek this site was sampled but not rated in 2000 During the sampling visit habitat degradation and severe stress were noted at Potecasi Creek Only the Meherrin River was rated based on benthic data and it received a rating of Good (NCDENR 2002a) Water Quality Monitoring Data The Chowan River Basinwide Water Quality Plan does not designate support ratings for Potecasi Creek or Mill Branch (NCDENR 2002a) In 1997 Potecasi Creek was deemed to be impaired as it had Fair water quality which was thought to be a result of agricultural runoff and channelization However it was noted that the low pH and low dissolved oxygen values could have been due to natural swamp conditions While Potecasi Creek is currently not rated it is one of two streams that DWQ has recommended undergo a Swamp Waters Study Plan The details of a Swamp Waters Study Plan are currently in development by NCDWQ and not readily available at this time In addition Potecasi Creek is listed on the most recent Clean Water Act Section 303(d) list as impaired waters (NCDENR 2002b) It is listed under Category 5 which requires Total Maximum Daily Loads (TMDL) Ire, Point and Non point Source Dischargers There are no NPDES dischargers within the subbasin (NCDENR 2003b) Land use within the subbasin which can contribute to non point source pollution is approximately 65 percent forested 1 percent pasture 32 percent agriculture and less than 1 percent urban (NCDENR 2002a) Agriculture is the primary land use therefore it is the primary threat for non point source pollution within the study area Large agricultural areas throughout the study area may introduce nutrients herbicides or pesticides if used for crop management In several areas agricultural drainage ditches drain directly into the headwater wetlands and intermittent streams Erosion from these fields also contributes sediment to the water resources Current timber activity within the study area has the potential to introduce additional sediment load to the streams In addition there are several poultry farms within the project vicinity To a smaller extent residential runoff through the roadside drainage ditches or lawn management may also introduce previously mentioned pollutants d) Impacts Impacts to water resources in the study area are likely to result from activities associated with project construction Table 4 shows the estimated impacts to streams for each alternative Individual stream crossing impacts may include clearing and grubbing on stream banks and in wetlands riparian canopy removal in stream construction fertilizers and pesticides used in revegetation and pavement installation The following impacts to surface water resources are likely to result from the aforementioned construction activities • Increased sedimentation and siltation downstream of the construction zone and increased erosion in the project construction area • Changes in light incidence and water clarity due to increased sedimentation and vegetation removal • Alternation of water levels and flows due to interruptions and/or additions to surface and ground water flow from construction • Changes in and destabilization of water temperature due to vegetation removal • Increased nutrient loading during construction via runoff from exposed areas • Increased concentrations of toxic compounds in roadway runoff • Potential increase of toxic compound releases such as fuel and oil from construction equipment and other vehicles • Alteration of stream discharge due to silt loading and changes in surface and ground water drainage patterns 11 Table 4 Stream Impacts (linear feet) Stream Alternatives Alternative Alternative Alternative Alternative Alternative A, A2 B B2� C 1, "X2 UT to Meherrin 64 64 64 64 64 64 River (SS) UT to Potecasi 11997 18169 11997 18169 11997 18169 Creek (SD) UT to Potecasi 12920 12920 13475 13475 10881 10881 Creek (SQ) UT to Potecasi 16643 16643 NA NA 12436 12436 Creek (SC) UT to Potecasi 7692 7692 25671 25671 46 17 4617 Creek (SJ) UT to Potecasi NA NA 255 18 255 18 NA NA Creek (SL) UT to Potecasi NA NA 1529 1529 NA NA Creek (SN) UT to Potecasi 3394 3394 NA NA NA NA Creek (SF) Potecasi Creek 247 12 247 12 247 12 247 12 32950 32950 (SB) Mill Branch 7956 7956 7956 7956 7956 7956 (SA) UT to Potecasi NA NA NA NA 719 16 719 16 Creek (SCC) Total Stream " 91714 97886 1172 58 1234 30 159153 1653 25 Im acts 0 � -f f - � � �� In order to minimize potential impacts to water resources in the project vicinity NCDOT s Best Management Practices (BMPs) for Construction and Maintenance Activities should be strictly enforced during the construction phase of the project Limiting in stream activities and revegetating stream banks immediately following completion of the grading can further reduce impacts Seed mixes used in revegetating stream banks should not include tall fescue Use of turbidity curtains for this project was reviewed and investigated Given the dimensions for the streams in the study area and general design considerations for turbidity curtains in many instances the specified floatation components for turbidity curtains are larger than the depth of the stream and would most likely result in additional expense with minimal added benefit However Potecasi Creek is a large enough system featuring a width of 75 feet and maintaining a sufficient water depth to support the use of a turbidity curtain The use of a turbidity curtain in Potecasi Creek should be considered during project design as it is designated as having nutrient sensitive waters and increased sediment downstream could impact aquatic systems Turbidity curtains are not recommended for the remaining streams within the study area as water conditions do not meet the requirements for the installation of turbidity curtains The majority of other streams in the study area are less than 4 feet in width and 3 feet in depth where floatation requirements would not be met 12 Wetlands There are seven wetland community types found within the delineated portion of the project study area Riparian Forest Bottomland Hardwood Forest Scrub Shrub Swamp Forest Headwater Forest Headwater Ditch and Pine Savanna Approximately 40 jurisdictional wetland sites were delineated within the project study area Of these 40 sites between 21 and 24 are impacted by the proposed alternatives Table 5 details the wetland sites that are impacted by Alternatives A A2 B B2 C and C2 Floodplains Hertford County is currently participating in the National Flood Insurance Regular Program The tributaries to Potecasi Creek and Potecasi Creek itself are in designated flood hazard zones where detailed flood studies have not been performed The Mill Creek crossing is not located within a flood hazard zone The floodplain area in the vicinity of he stream crossings is primarily rural and undeveloped The terrain throughout most of the project is rolling with streams and natural draws located such that the project can be drained without difficulty Existing drainage patterns will be maintained to the extent practicable It is not anticipated that the proposed project should have any adverse impacts on the existing floodplain 13 Table 5 Wetland Imnacts 14 ~u 9 � 'Alternatives Site Wetland ID w Wetland T e A g& A2, B B2 j C CZ 1 WTT Riparian Forest 0 097 0 097 0 093 0 093 0 096 0 096 3 WRR Headwater Ditch 0 004 0 004 0 005 0 005 0 004 0 004 6 WPP Swamp Forest 0 411 1 325 0 391 1 325 0 414 1 325 7 WNN Headwater Ditch 0 010 0 016 0 013 0 016 0 008 0 016 8 WMM Headwater Ditch 0 015 0 023 0 019 0 023 0 014 0 023 9 WLL Riparian Forest 0 370 0 481 0 388 0 481 0 970 0 481 10 WLL Riparian Forest 0 082 0 131 0 018 0 131 0 006 0 131 12 WHH/WGG Headwater Forest 0 094 0 094 0 780 0 780 0 069 0 069 13 WFF Headwater Forest 0 004 0 004 14 WEE Riparian Forest 0 150 0 150 15 WY Headwater Forest 0 021 0 021 0 022 0 022 16 WY Headwater Forest 0 004 0 004 17 WT Bottomland Hardwood 0 048 0 048 0 048 0 048 18 WT Bottomland Hardwood 0 016 0 016 0 019 0 019 20 WT Bottomland Hardwood 0173 0173 0184 0184 21 WS Bottomland Hardwood 0 052 0 052 0 057 0 057 23 WX Headwater Forest 0 051 0 051 27 WK Bottomland Hardwood 0 029 0 029 0 027 0 027 0 029 0 029 30 WG Scrub Shrub 0 030 0 030 0 028 0 028 0 030 0 030 31 WE Head Water Ditch 0 007 0 007 0 007 0 007 0 007 0 007 33 WD Swamp Forest 1177 1177 1219 1219 1181 1 181 34 WD Swamp Forest 0 059 0 059 0 048 0 048 1 0 086 0 086 35 WC Headwater Forest 0 025 0 025 0 025 0 025 1 0 027 0 027 36 WB Headwater Forest 0 010 0 010 0 012 0 012 0 010 0 010 37 WA Pine Savanna 0 089 0 089 0 083 0 083 0 098 0 098 38 WA Pine Savanna 0 023 0 023 0 023 0 023 0 023 0 023 39 WJJ Swamp Forest 0 054 0 054 0 009 0 009 40 WCC Swamp Forest 0 625 0 625 41 WV300 Swamp Forest 1821 1821 Total (Ac) 2 900 3 988 3 663, , 4 810 5 578 6.142 14 MITIGATION EVALUATION The USACE through the CEQ has adopted a wetland mitigation policy that embraces the concept of no net loss of wetlands and sequencing The purpose of this policy is to restore and maintain the chemical biological and physical integrity of Waters of the United States specifically wetlands Mitigation of wetland impacts has been defined by the CEQ to include the following avoiding minimizing rectifying reducing (over time) and compensating for impacts (40 CFR 1508 20) These three aspects are avoidance minimization and compensation and must be considered sequentially Avoidance mitigation examines all appropriate and practicable possibilities of averting impacts to Waters of the United States According to a 1990 Memorandum of Agreement (MOA) between the U S Environmental Protection Agency (USEPA) and the USACE when determining appropriate and practicable measures to offset unavoidable impacts such measures should be appropriate to the scope and degree of those impacts and practicable in terms of cost existing technology and logistics in light of overall project purposes Complete avoidance of wetlands is not possible due to the extent of wetlands in the study area Minimization includes the examination of appropriate and practicable steps to reduce the adverse impacts to Waters of the United States Implementation of these steps will be required through project modifications and permit conditions Minimization typically focuses on decreasing the footprint of the proposed project through the reduction of median widths ROW widths fill slopes and/or road shoulder widths Widening to the South at the west end of the project and to the North at the east end of the project was used to avoid excessive wetland impacts Compensatory mitigation is not normally considered until anticipated impacts to Waters of the United States have been avoided and minimized to the maximum extent possible It is recognized that no net loss of wetlands functions and values may not be achieved in each and every permit action Appropriate and practicable compensatory mitigation is required for unavoidable impacts that remain after all appropriate and practicable minimization has been achieved Compensatory actions often include restoration creation and enhancement of Waters of the United States specifically wetlands Such actions should be undertaken in areas adjacent or contiguous to the discharge site if practical Compensatory mitigation will likely be required for the potential impacts associated with this project Wetland restoration or enhancement potential should be evaluated for the wetlands WG and WQQ if these areas are not impacted by the final project Recent disturbance in both of these areas has altered the vegetation and possibly the hydrology The hydrology and vegetation within portions of this area could be adjusted to improve habitat and water storage functions that were lost during previous timbering activities If Alternative C is selected the existing bridge over Potecasi Creek would be removed as part of potential wetland mitigation 15 PROTECTED SPECIES Some populations of fauna and flora are or have been in the process of decline either due to natural forces or their inability to co exist with human development Federal law [under the provisions of the Endangered Species Act (ESA) as amended] requires that any action likely to adversely affect a species classified as Federally protected be subject to review by the USFWS Other species may receive limited additional protection under Separate State laws a) Federally Protected Species Plants and animals with Federal classifications of Endangered (E) Threatened (T) Proposed Endangered (PE) and Proposed Threatened (PT) are protected under the provisions of Sections 7 and 9 of the ESA as amended The USFWS (last update December 11 2006) and NCNHP (last update May 2003) list on Federally protected species for Hertford County The Red cockaded woodpecker (Picoides borealis) is listed as endangered at the Federal and State levels The Biological Conclusion for the species is May Affect Not Likely to Adversely Affect due to the limited suitable habitat within the study area The pine savanna within the eastern edge of the study area contains pines of intermediate age with an open understory however this area is relatively small and not contiguous with other suitable habitats No individuals or nest cavities of this species were observed during the site visit This survey and resulting Biological Conclusion are considered valid for two years form the date of the survey A letter requesting USFWS concurrence on this Biological Conclusion will be submitted by NCDOT A review of the NCNHP database of rare species and unique habitats shows no occurrence of Federally protected species within 1 mile of the study area (NCDENR 2003c) b) Federal Species of Concern and State Listed Species There is one species listed as a Federal Species of Concern (FSC) by the USFWS and NCNHP for the county ( USFWS 2003 NCDENR 2003c) Species classified as FSC are not afforded Federal protection under the ESA and are not subject to any of its provisions including Section 7 until they are formally proposed or listed as Threatened or Endangered However the status of these species is subject to change and should be included for consideration FSC are defined as species that are under consideration for listing for which there is insufficient information to support listing In addition organisms that are listed as Endangered (E) Threatened (T) or Special Concern (SC) under the North Carolina State Endangered Species Act of 1987 and The North Carolina Plant Protection and Conservation Act of 1979 are afforded limited State protection 16 In the county the Chowanoke Crayfish (Orconectes wiginiensis) is listed as FSC by the USFWS The state status of this species is SC Within the study area there is potential habitat for this species The known habitat for this species includes sluggish streams or swamps on sand or gravel substrates and sluggish streams flowing through woodlands on sandy or gravelly substrates A review of the NCNHP database of rare species and unique habitats shows no occurrence or FSC within 1 mile of the study area (NCDENR 2003c) WILD AND SCENIC RIVERS The project will not impact any Designated Wild and Scenic Rivers or any rivers included in the list of study rivers (Public Law 90 542 as amended) CULTURAL RESOURCES This project is subject to compliance with Section 106 of the National Historic Preservation Act of 1966 as amended and implemented by the Advisory Council on Historic Preservation s Regulations for Compliance with Section 106 codified as 36 CFR Part 800 Section 106 requires Federal agencies to take into account the effect of their undertakings (federally funded licensed or permitted) on properties included in or eligible for inclusion in the National Register of Historic Places (NRHP) and to afford the Advisory Council a reasonable opportunity to comment on such undertakings Historic Architecture A detailed survey was conducted for Alternatives A and B Thirty -seven properties that are at least fifty years old were identified during a field survey Of these only three were determined to be eligible for the NRHP Britt Store Mt Tabor Baptist Church and cemeteries and the William H Kiff House The North Carolina State Historic Preservation Office (HPO) confirmed the eligibility of these properties in correspondence dated April 25 2003 and July 10 2003 The addition of Alternative C resulted in a larger Area of Potential Effects (APE) NCDOT conducted additional surveys to identify historic architectural resources located within the expanded APE No properties eligible for or listed on the NRHP were identified within the new location portion of Alternative C except for the previously identified Mt Tabor Baptist Church and cemeteries the HPO concurred with this determination in a concurrence form dated August 31 2005 Figure 2 (refer to the EA) shows the locations of all three eligible sites 17 Table 6 Architectural Resources Eligible for the Nntinnnl RPamter Property Nam" a r Description�� Location Eligibility 1 Britt Store A C Commercial Adjacent to US 158 and building SR 1304 intersection Mapleton Mt Tabor Baptist Church A C Church and US 158 east of SR 1176 and Cemeteries cemeteries William H Kiff House C Agricultural Adjacent to the US 158/ complex SR 1174 intersection a) Eligible Properties Britt Store The Britt Store is located at the northwest corner of the intersection of US 158 and SR 1303 within the Mapleton community The circa 1880 single story store is a front gabled frame building with a false front a shed roofed addition on the east side has a lower false front Both false fronts are weatherboarded and have cornices supported by carved brackets and decorative frieze boards The Britt Store has been determined eligible for the National Register of Historic Places under Criterion A in the areas of commerce and transportation for its association with the commerce related to Hill s Ferry and the surrounding rural area The store is also eligible under Criterion C in the area of architecture as a relatively intact example of a late nineteenth century store building in a rural crossroads community The building retains its original form and the architectural detailing in the parapets The eligible boundary of the Britt Store encompasses the entire 0 29 acre lot historically associated with the store and conforms to the present tax boundary following the existing right of way along US 158 and Mapleton Road (SR 1304) Mt Tabor Baptist Church and Cemeteries Mt Tabor Baptist Church stands on the south side of US 158 near Mapleton dust east of the intersection with SR 1176 (Mt Tabor Church Road) Two cemeteries share the site one is directly behind the church spreading to the west and the other is south of the church closer to the highway and bordered on its south side by Potecasi Creek um The Mt Tabor Baptist Church has been determined eligible for the National Register of Historic Places under Criterion A in the area of social history for its association with the development of communities in rural Hertford County The church is eligible under Criterion C in the area of architecture as a relatively intact example of antebellum churches built by Baptist congregations in rural Hertford County Additions have been made to the building but its original form and materials are still easily discernable The additions all made to the rear are small in scale and do not overwhelm the original building The church building meets Criteria Consideration A for a property owned by a religious institution or used for religious purposes but which derives its primary significance from architectural distinction or historical importance The eligible boundary of the Mt Tabor Baptist Church encompasses the entire six acres historically associated with the church and cemeteries and conforms to the present tax boundary following existing right of way along US 158 William H Koff House The house and its outbuildings stand at the southwest corner of the function of US 158 and SR 1174 The buildings crowd the corner while agricultural fields spread south on both sides of SR 1174 The complex consists of a house a kitchen and a smokehouse The house (ca 1860) is a single story gable end weatherboarded frame house with rear ell The front section is dressed in vernacular Greek Revival style and has a center hall plan The kitchen (ca 1860) stands dust southeast of the house and also faces north This gable end building has two interior brick stacks a full width shed - roofed front porch and six over line reflecting the historic appearance of the tract This area is smaller than the current tax boundary which includes 145 acres on both sides of Mt Moriah Road (SR 1174) b) Project Effects The potential effect of the proposed US 158 widening project on eligible architectural resources in the project area was evaluated pursuant to the Assessment of Adverse Effects (36 CFR 800 5) For Alternatives A B and C the new lanes will be placed south of existing US 158 in the Mapleton vicinity in order to avoid impacts to both the Britt Store as well as homes on the north side of the roadway In January 2006 HPO FHWA and NCDOT concurred that each of the three alternatives would have No Effect on the Britt Store property In January 2006 HPO FHWA and NCDOT agreed that Alternatives B and C would have No Effect on Mt Tabor Church It was also agreed that Alternative A would have an Adverse Effect on Mt Tabor Church Further coordination with the U S Army Corps of Engineers and HPO may be required to determine if the Mt Tabor Baptist Church is considered to be within the project s federal permit area thereby making Section 106 requirements applicable six double hung sash windows A front gable frame smokehouse (ca 1860) stands to the west facing the kitchen and 19 the rear wing of the house The William H Kiff House and its outbuildings have been determined eligible for the National Register of Historic Places under Criterion C in the area of architecture as an intact domestic agricultural complex from the mid nineteenth century The Kiff House is a rare well preserved example of a one story vernacular Greek Revival dwelling in Hertford County The complex including the kitchen and smokehouse represents the types of buildings commonly employed on small self sufficient farms of the period The eligible boundary for the William H Kiff House encompasses the three buildings and sufficient surrounding land to create a sense of the historic setting As drawn the boundary includes the buildings and 5 5 acres of cleared agricultural fields reaching to forested areas at the south boundary For Alternatives A B and C widening in the vicinity of the Kiff House was shifted to the north side of US 158 to avoid impacts to the property The adjacent intersecting street was shifted slightly east in order to straighten the intersection angle In January 2006 HPO FHWA and NCDOT concurred that each of the three alternatives would have No Effect on the Kiff House A copy of the January 2006 effects form can be found attached Archaeology An intensive archaeological survey was conducted within the study corridor for Alternatives A and B A total of 21 historic resources was identified and evaluated (15 archaeological sites 5 family cemeteries and 1 historic resource) Of the 15 archaeological sites identified within the study corridor 13 sites (31HF260 31HF261 31 HF262 31 HF263 31 HF264 31 HF265 31 HF266 31 HF267 31 HF269 31 HF270 31 HF271 31 HF274 and 31 HF275) were recommended as not eligible for inclusion in the NRHP In a memo dates July 9 2004 the HPO concurred that these sites were not eligible for such listing since these properties do not retain the level of integrity nor do they posses the potential to yield significant new information pertaining to the prehistory of North Carolina Both of the two remaining archaeological sites (31HF268 and 31HF278) are recommended as eligible for the NRHP Representing the remains of a farm complex that appears to have been occupied from the mid nineteenth to the mid twentieth centuries Site 31HF268 consists of at least one intact feature with the potential for other intact features below the plowzone therefore Site 31HF268 is recommended as eligible for the NRHP per Criterion D Site 31HF278 is a Civil War period earthwork and archaeological site probably constructed in 1862 and occupied by Confederate forces This resource is locally significant for its role as part of the Union campaign against the Weldon Railroad one of only two campaigns conducted within the confines of what is now Hertford County Site 31HF278 therefore is recommended as eligible for inclusion in the NRHP for the following reasons (1) the site is associated with the broad patterns of local state and national history (Criterion A) (2) the earthwork is one of the very few intact Civil 20 War fortifications found in Hertford County that has retained its integrity (Criterion C) and (3) the archaeological information will contribute important information about history or prehistory (Criterion D) In a memo dated July 9 2004 the HPO concurred that these two archaeological sites are eligible for the NRHP since they have the potential to yield new information about the historic archaeology of the Coastal Plain Should either of these sites be impacted by the proposed project mitigation efforts are recommended Five family cemeteries three active (31HF273 31HF276 and 31HF277) and two inactive (31HF272 and 31HF279) have been identified in or adjacent to the study corridor Four of the cemeteries (31 HF272 31 HF276 31 HF277 and 31 HF279) are recommended as not eligible for inclusion in the NRHP since (1) the cemeteries do not appear to meet National Register Criteria Consideration D governing cemeteries (2) they are not associated with an important historic event and do no contain graves of individuals of transcendent importance and (3) the marked graves do not demonstrate any particularly distinctive characteristics with regard to design The Lee family cemetery (31HF273) containing one interment and last used in 1995 as indicated by the grave marker is currently maintained and located in the yard of a residence This cemetery postdates 1954 and does not appear to meet the age criteria established for inclusion in the NRHP Avoidance of all cemeteries is recommended however if any of these sites are to be impacted by the proposed alternatives removal per applicable State statutes (i e NC GS 65 or NC GS 70 Article 3) is recommended The remaining historic resource identified as part of the intensive archaeological survey consists of the Mt Tabor Baptist Church and its two associated cemeteries (Section E 2 a) Since Alternative C was added to the list of proposed alternatives after the intensive archaeological survey was completed the NCDOT conducted an additional preliminary review of the new location portion of Alternative C This review revealed a low potential for containing intact remains on either side of Potecasi Creek portions of which have already been surveyed In addition the west side of Potecasi creek shows signs of previous timbering and bulldozing activities while the east side of the creek can be categorized as hydric with a very high water table NCDOT has recommended that a detailed survey within the Alternative C corridor be conducted only if this alternative is selected as the preferred for the proposed project due to the fact that the design and orientation of Alternative C may impact Site 31HF278 which is eligible for the NRHP In a memo dated July 19 2005 the HPO then concurred with the steps proposed by the NCDOT to evaluate any adverse effects to the extant cultural resources located either within or adjacent to the project 21 HAZARDOUS MATERIALS A field reconnaissance survey was conducted along the project The purpose of this investigation was to identify the existence of any unknown hazardous materials within the proposed project alignment In addition to the field survey a file search of appropriate environmental agencies was conducted to identify any known problem sites along the proposed project alignment Based on the field reconnaissance survey there are no anticipated UST impacts Based on the GIS search and the field reconnaissance no apparent Resource Conservation and Recovery Act (RCRA) or the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) sites were identified within the project limits Based on the GIS no regulated or unregulated landfills or dumpsites occur within the project limits LOGICAL TERMINI / INDEPENDENT UTILITY Federal Highway Authority (FHWA) regulations [23 CFR 771 111(f)] outline three general principals to determine project limits The regulations state In order to ensure meaningful evaluation of alternatives and to avoid commitments to transportation improvements before they are fully evaluated the action evaluated in each EIS or FONSI shall • Connect logical termini and be of sufficient length to address environmental matters on a broad scope • Have independent utility or interdependent significance i e be usable and be a reasonable expenditure even if no additional transportation improvements in the area are made and • Not restrict consideration of alternatives for other reasonably foreseeable transportation improvements The project s termini and other elements meet the FHWA s criteria for logical termini The project would provide system linkage between northeastern North Carolina and Interstate 95 support economic development in Hertford and surrounding counties and ensure future safety along project limits The project is of sufficient length (8 3 miles) to address environmental matters on a broad scope The potential for segmentation was avoided during the planning for this project by evaluating environmental impacts for the entire length of the proposed project The project would have independent utility even if no additional transportation improvements were made in the area The proposed project would not restrict consideration of alternatives for other reasonably foreseeable transportation improvements in the area 22 Enclosed you will find a completed ENG Form 4345 and mailing labels This submittal is in accordance with Step 4 of the guidelines for integrating project review under the National Environmental Policy Act and Section 404 of the Clean Water Act This letter along with the previously distributed EA should provide sufficient information for the issuance of a Public Notice for the project The public hearing is scheduled for July 19 2007 If you have any questions or need additional information please contact Charles R Cox P E at (919) 733 7844 extension 301 Sincerely ,,-,dda,Gregory J Thorpe Ph D Manager Project Development and Environmental Analysis CC Mr Scott McLendon USACE Wilmington Mr David Wainwright NCDWQ (7 copies) Mr Travis Wilson NCWRC Mr Chris Militscher USEPA Mr Gary Jordan USFWS Mr Clarence W Coleman P E FHWA Mr Jay Bennett P E Roadway Design Mr Phil Harris P E Natural Environment Unit Mr Carl Goode Human Environment Unit Mr Mated Al Ghandour P E Programming and TIP Mr Art McMillian P E Highway Design Mr David Chang P E Hydraulics Mr Greg Perfetti P E Structure Design Mr Mark Staley Roadside Environmental Mr Anthony W Roper P E Division 1 Engineer Mr Clay Willis DEO Division 1 23 APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT I OMB APPROVAL NO 0710 -003 (33 CFR 325) Expires December 31 2004 Public reporting burden for this collection of Information is estimated to average 10 hours per response although the majority of applications should require 5 hours or less This Includes the time for reviewing Instructions searching existing data sources gathering and maintaining the data needed and completing and reviewing the collection of information Send comments regarding this burden estimate or any other aspect of this collection of information including suggestions for reducing this burden to Department of Defense Washington Headquarters Service Directorate of Information Operations and Reports 1215 Jefferson Davis Highway Suite 1204 Arlington VA 22202 -4302 and to the Office of Management and Budget Paperwork Reduction Project (0710 -0003) Washington DC 20503 Respondents should be aware that notwithstanding any other provision of law no person shall be subject to any penalty for falling to comply with a collection of information if it does not display a currently valid OMB control number Please DO NOT RETURN your form to either of those addresses Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity PRIVACY ACT STATEMENT Authority Rivers and Harbors Act Section 10 33 USC 403 Clean Water Act Section 404 33 USC 1344 Marine Protection Research and Sanctuaries Act 33 USC 1413 Section 103 Principal Purpose Information provided on this form will be used in evaluating the application for a permit Routine Uses This Information may be shared with the Department of Justice and other federal state and local government agencies Submission of requested information is voluntary however If Information is not provided the permit application cannot be evaluated nor can a permit be issued One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and Instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity An application that is not completed in full will be returned I (ITEMS 1 THRU 4 TO BE I{ILLED BY THE CORPS) 1 APPLICATION NO 2 FIELD OFFICE CODE 3 DATE RECEIVED 4 CiATE APPLICATION COMPLETED ITEMS BELOW TO BE F LLED BY APPLICANT 5 APPLICANTS NAME 8 AUTHORIZED AGENT S NAME AND TITLE (an agent s not requ red) North Carolina Department of Transportation Project Development & Environmental Analysis 6 APPLICANTS ADDRESS 9 AGENTS ADDRESS 1548 Mail Service Center Raleigh NC 27699 1548 7 APPLICANTS PHONE NOS W /AREA CODE 10 AGENTS PHONE NOs W /AREA CODE a Residence a Residence b Business 919 733 3141 b Business 11 STATEMENT OF AUTHORIZATION I hereby authorize to act to my behalf as my agent In the processing of this application and to furnish upon request supplemental Information in support of this penult application APPLICANTS SIGNATURE DATE NAME LOCATION AND DESCRIPTION OR PROJECT OR ACTIVITY 12 PROJECT NAME OR TITLE( t t US 158 Widening from Murfreesboro Bypass to US 13 West of Winton 13 NAME OF WATERBODY IF KNOWN (f apps cable) 14 PROJECT STREET ADDRESS (if apps cable) Mehemn River Basin 15 LOCATION OF PROJECT Hertford County NC COUNTY STATE 16 OTHER LOCATION DESCRIPTIONS IF KNOWN (see nstructions) Section Township Range Lat/Lon and/or Accessors s Parcel Number for example 17 DIRECTIONS TO THE SITE Please see attached vicinity map and cover letter 18 Nature of Activity (Desc pt o of p olect clude all feat res) Widen the existing US 158 to four 12 foot travel lanes paved shoulders and a 46 foot wide grassy median The existing facility will have partial control access and full control access on new location ENG FORM 4345 Jul 97 EDITION OF FEB 94 IS OBSOLETE (Proponent CECW OR) 19 Project Purpose (Desc be the easo o p p s of the p ole t see st t ns) The purpose of this project is to provide system linkage specifically between northeastern North Carolina and Interstate 95 Support economic development in Hertford and surrounding counties and ensure future safety along the project limits on US 158 in Hertford County USE BLOCKS 20-22 IF DREDGED AND /OR FILL MATERIAL IS TO BE DISCHARGED 20 Reason(s) for Discharge The Widening of US 158 will result In roadway fill In wetlands 21 Type(s) of Material Being Discharged and the Amount of Each Type In Cubic Yards FIII from roadway 22 Surface Area In Acres of Wetlands or Other Waters Filled ( ee st ct ons) See Merger Permit Application Letter 23 Is Any Portion of the Work Already Complete? Yes _ No X IF YES DESCRIBE THE COMPLETED WORK 24 Addresses of Adjoining Property Owners Lessees Etc Whose Property Adjoins the Waterbody (It mo a than ca be ntered he a please attach a supplemental I st) 25 List of Other Certifications or Approvals /Denials Received from other Federal State or Local Agencies for Work Described in This Application AGENCY TYPE APPROVAL IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED Would include but Is not restricted to zoning budding and flood plain permits 26 Application is hereby made for a permit or permits to authorize the work described In this application I certify that the Information In this application is complete and accurate I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the anehcant AP DATE SIGNATURE OF AGENT DATE The a do must be signed by the person who desires to undertake the proposed activity (applicant) or It may be signed by a duly authorized agent i e tement in block 11 has been filled out and signed 18 U S C Section 1001 provides that Whoever In any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies conceals or covers up any trick scheme or disguises a material fact or makes any false fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false fictitious or fraudulent statements or entry shall be fined not more than $10 000 or imprisoned not more than five years or both ENG FORM 4345 Jul 97 EDITION OF FEB 94 IS OBSOLETE (Proponent CECW OR) s'k U-- STATE OF NORTH CAROLINA AGE, a� ",4V DEPARTMENT OF TRANSPORTATION C& MICHAEL F EASLEY LYNDO TIPPETT GOVERNOR SECRETARY June 12 2007 Mr Bill Biddlecome Transportation Project Manager Department of the Army Corps of Engineers Washington Regulatory Field Office Post Office Box 1000 Washington North Carolina 27889 1000 Dear Mr Biddlecome SUBJECT SECTION 404 N E P A MERGER PROCESS Application for a Department of the Army (DOA) Permit pursuant to Section 404 of the Clean Water Act TO DISCHARGE DREDGED OR FILL MATERIAL INTO WATERS OF THE UNITED STATES TO CONSTRUCT the proposed US 158 widening from Murfreesboro Bypass to US 13 West of Winton Hertford County WBS No 35489 l 1 T I P No R 2583 The following application including separate attachments for (1) ENG Form 4345 and (2) mailing list (labels) is submitted for your consideration As you are aware this project was selected for treatment under the new merger process At this puncture the Regulatory Division has provided concurrence with Purpose and Need with the selection of Detailed Study Alternatives and with the bridge locations and lengths An Environmental Assessment (EA) was prepared and signed on April 27 2006 The document was circulated on May 26 2006 A copy is attached Please issue your public notice at the earliest opportunity so that we can jointly proceed toward selecting the LEDPA (least environmentally damaging practicable alternative which meets the purpose and need of the project) following analysis of public input Once the LEDPA is selected and approved efforts will be undertaken to further minimize impacts to wetlands and riparian buffers in the LEDPA corridor and to propose suitable compensatory mitigation to offset unavoidable impacts The following information is a summary of relevant project details and is being provided to assist in the Section 404 regulatory review of the project Please note that more detailed information is available in the EA 1 MAILING ADDRESS TELEPHONE 919 733 3141 LOCATION NC DEPARTMENT OF TRANSPORTATION FAX 919 733 9794 TRANSPORTATION BUILDING PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET 1548 MAIL SERVICE CENTER WEBSITE WWW DOH DOT STATE NC US RALEIGH NC RALEIGH INC 27699 1548 INTRODUCTION The North Carolina Depaitment of Transportation (NCDOT) proposes to widen US 158 from Murfreesboro Bypass to US 13 west of Winton in Hertford County Figure I (refer to the EA) is a vicinity map and Figure 3 (refer to the EA) shows water resources and a map of the detailed study alternatives The proposed US 158 widening is approximately 8 3 miles in length (depending upon alternative) There will be a four lane divided facility consisting of four 12 foot travel lanes paved shoulders and a 46 foot wide grassy median The existing facility will have partial control access and full control access on new location The proposed right of way is approximately 250 feet for all build alternatives The proposed facility has a design speed of 60 miles per hour (mph) NEPA/404 MERGER PROCESS DOCUMENTATION Although this is a state funded action that is subject to North Carolina (or State) Environmental Policy Act (SEPA) requirements the proposed project is being developed through the National Environmental Policy Act (NEPA) /404 Merger Process to ensure systematic evaluation of the project plus avoidance and minimization of all potential impacts Concurrence Point 1 (Purpose & Need) was signed by Merger Team members on January 15 2003 Concurrent Point 2 (Alternatives for Detailed Study) was signed on May 19 2005 It was agreed upon by the Merger Team that Concurrence Point 2a (Bridging and Alignment Review) would be combined with Concurrence Point 3 (LEDPA) because there are only two potential bridge sites to discuss Copies of the above forms are attached PURPOSE AND NEED Protect Need Within northeastern North Carolina only two counties Northampton and Halifax are directly served by 195 Improved regional mobility by widening US 158 is anticipated to help Hertford County as well as the northeastern region of NC attract industry The Hertford County Economic Development Commission has stated that most companies are looking for access to 195 and 185 Several mayor employers including the WCC Rivers Correctional Institution and Nucor Steel have already located to the area and truck traffic associated with both facilities utilizes US 158 Expansion of US 158 to a multi lane facility is needed to enhance connectivity to 195 as well as to other regional intrastate highways thereby increasing regional mobility and improving strategic highway system linkages The total crash rate on US 158 within the project study area is 137 accidents per 100 million vehicular miles traveled (mvm) Although this crash rate is less than the statewide average for similar two lane rural US routes (Table 1) the statewide average crash rates for four lane rural routes with access control show a trend of decreasing accidents over those of two lane rural US routes The fatal crash rate for the project study area is 2 08 accidents per 100 mvm higher than the statewide average however this accident total represents only 1 fatality during the study period US 158 has been designated by the North Carolina Board of Transportation as a Strategic Highway Corridor (Corridor #37) This corridor connects the Winston Salem Henderson Roanoke Rapids Elizabeth City and Kitty Hawk/ Kill Devil Hills/ Nags Head areas a length of approximately 200 miles The US 158 corridor is ultimately envisioned as a combination of a Freeway Expressway and Boulevard facility The corridor was included in the Strategic Highway Corridor program for several reasons including its connection between multiple activity centers and its function as a mayor humcane evacuation route Table 1 Accident Rates for Project Study Area, August 1997 July 2002 fi � Total Crash Rate Fatal Crash"Rate 16 /100MVM) /100MVM) WIA (ACC (ACC US 158 Within Study Area 13708 2 08* Statewide Average Two lane Rural US Routes (1998 2001) 16773 201 Statewide Average Four lane Rural US No Control of Access (1998 2001) 13785 129 Statewide Average Four lane Rural US Partial Control of Access (1998 2001) 7568 109 Statewide Average Four lane Rural US Full Control of Access (1998 2001) 1 6350 0 72 * Note This rate represents 1 fatality during the 5 year study period Project Purpose The purpose of the project is to • Provide system linkage specifically between northeastern North Carolina and Interstate 95 • Support economic development in Hertford and surrounding counties • Ensure future safety along the project limits on US 158 in Hertford County ALTERNATIVES No Build, Mass Transit Alternatives 1 No Build Alternative The No Build Alternative would forego any improvements to US 158 with the exception of routine maintenance No new segment would be constructed and no roadway or intersection improvements would be performed The No Build Alternative would avoid any adverse environmental impacts in that no wetlands streams historic properties or other cultural and natural resources would be directly impacted However this alternative would not meet the stated purpose of the project as it would not support economic development or ensure future safety along this section of US 158 The No Build Alternative was eliminated from consideration because it does not meet the transportation needs of the region or the objectives of the project However the No Build Alternative does provide a basis for comparing the adverse impacts and benefits of the design options 2 Transportation System Management Alternatives Transportation Systems Management (TSM) improvements involve increasing the available capacity of the facility within the existing right of way with minimum capital expenditures and without reconstructing the facility Items such as the addition of turn lanes striping signing signalization and minor realignments are examples of TSM physical improvements Traffic law enforcement speed restrictions access control and signal timing changes are examples of TSM operational improvements These types of improvements were considered and some elements such as access control measures will be incorporated into the recommendations but TSM improvements alone would not meet the stated purpose of the project Therefore the TSM Alternative was not considered a reasonable and feasible alternative and was eliminated from further consideration 3 Mass Transit Alternatives There is no existing no cost mass transit in Hertford County due to lack of demand low - density development and low population density The only form of mass transit in the area is the Choanoke Public Transportation Authority (CPTA) which provides subscription and demand responsive transportation in Northampton Halifax Bertie and Hertford Counties the CPTA is based in Northampton County The study area is primarily rural with the town of Murfreesboro located west of the project limits Additionally US 158 carries a large proportion of through traffic with relatively high truck percentages which is not conducive to local mass transit Based on these factors the Mass Transit Alternative was eliminated from consideration as it would not effectively address the purpose and need for the proposed project rd Detailed Study Alternatives Three main construction alternatives are currently proposed (refer to Figures 5 and 7 in the EA) One alternative (Alternative A) proposes to widen the roadway entirely on existing location while two alternatives (Alternatives B and C) propose to widen the majority of US 158 on existing location with a short new location bypass in the vicinity of Mt Tabor Baptist Church For each of the three construction alternatives an additional service road option is under consideration The Mapleton Option (referred to as A2 B2 and C2 in the table) proposes to shift US 158 farther south in Mapleton than what is proposed in Alternatives A B and C and providing access to residences on the north side by utilizing existing roadway as a service road This Mapleton option is designed to reduce the number of residential relocations in the vicinity of Mapleton Road (SR 1304) Partial access control will be maintained for any of the six construction alternatives Existing driveways exiting onto US 158 will be maintained however no new driveways will be allowed on any new location section (Alternatives B B2 C and C2) Existing stop sign controlled intersections will be modified to include directional crossovers and offset left turns (refer to Figure 6 in the EA) The 4 foot outside paved shoulder will accommodate any bicycle traffic The typical section design is consistent with the Strategic Highway Corridor vision for an Expressway design within the project limits While the Strategic Highway Corridor vision includes an interchange at the US 158/ US 13 intersection an interchange is not included within the scope of this project Any interchange at this location will be studied as part of TIP Project R 2507A a) Alternative A Widen on Existing This alternative would widen the roadway entirely along its existing location New lanes would be added south of the existing roadway between the Murfreesboro Bypass to Cool Spring Road east of Cool Spring Road the new lanes would be north of the existing roadway The alternative includes the construction of a new two lane bridge over Potecasi Creek north of the existing structure In addition the existing bridge would also be replaced b) Alternative A2 Widen on Existing including Mapleton Service Road This alternative is the same as Alternative A except for the addition of the service road option that would shift US 158 further south in Mapleton and utilize the existing roadway as a service road c) Alternative B Widen on Existing with Northern Bypass This alternative would widen US 158 on existing location as described in Alternative A with the exception of a new location section north of the Mt Tabor Church Road (SR 1176) intersection The new location section would serve to straighten the existing curve as well as to avoid impacts to the nearby Mt Tabor Baptist Church property This alternative would also include a new crossing of Potecasi Creek in the 5 form of a two lane bridge to be located north of the existing crossing The existing Potecasi Creek bridge would also be replaced d) Alternative B2 Widen on Existing with Northern Bypass and Mapleton Service Road This alternative is the same as Alternative B except for the addition of the service road option that would shift US 158 further south in Mapleton and utilize the existing roadway as a service road e) Alternative C Widen on Existing with Southern Bypass This alternative would widen US 158 mostly on existing location as described in Alternative A with the exception of a new location section south of Mt Tabor Church Road (SR 1176) The new location section would both straighten the existing curve as well as avoid impacts to the historic church property This alternative would include the construction of two new two lane bridges over Potecasi Creek both to be located south of the existing crossing If this alternative is chosen the existing Potecasi Creek bridge would be removed as potential wetland mitigation f) Alternative C2 Widen on Existing with Southern Bypass and Mapleton Service Road This alternative is the same as Alternative C except for the addition of the service road option that would shift US 158 further south in Mapleton and utilize the existing roadway as a service road COST ESTIMATES AND SCHEDULE Preliminary cost estimates for the Detailed Study Alternatives are presented in Table 2 below Alternatives A2 B2 and C2 include the Mapleton Service Road option The costs include right of way and construction cost,, but do not account for any wetland or stream mitigation costs The project is included in the approved 2007 2013 State Transportation Improvement Program (STIP) (TIP Project No R 2583) with right of way acquisition scheduled to begin in state fiscal year (SFY) 2010 and construction scheduled to begin in SFY 2012 The total estimated cost included in the STIP is $35 700 000 G Tnhle 2 Prehmmary Cost Estimates Alternative Ri ht of Way 4W Construction w Total Cost 1� A $8 710 500 $27 900 000 $36 610 500 A2* $6 948 000 $31 700 000 $38 648 000 B $8 548 000 $28 900 000 $37 448 000 B2* $6 785 500 $32 700 000 $39 485 500 C $8 397 500 $30 100 000 $38 497 500 C2* $6 635 000 $33 900 000 $40 535 000 *Mapleton Service Road Option WATERS OF THE UNITED STATES Streams This section contains information concerning surface water resources likely to be affected by the proposed project Water resource assessments include the physical characteristics best usage standards and water quality aspects of the water resources along with their relationship to mayor regional drainage systems Probable impacts to surface water resources are also discussed as are means to minimize potential impacts a) Best Usage Classification Water resources within the study area are located in the Chowan River Basin (USGS Hydrologic Unit 03010204 NCDWQ Subbasm 03 01 02) Several water resources are present in the study area Two of these streams Potecasi Creek and Mill Branch are named These water resources also include unnamed perennial and intermittent tributaries of Potecasi Creek and an intermittent tributary to Mill Branch Two ponds are also present within the study area Potecasi Creek a fourth order stream flows north into the Meherrin River Its drainage area is approximately 238 square miles and includes perennial and intermittent streams within the study area Mill Branch a first order stream flows into Potecasi Creek north of the study area Its drainage area is approximately 5 7 square miles and includes on intermittent stream within the study area Streams have been assigned a best usage classification by the NCDWQ that reflects water quality conditions and potential resource usage Unclassified tributaries carry the same best usage classification as the classified stream to which they are tributary The classification for Potecasi Creek (NCDWQ Index No 25 4 8 09/06/79) is Class C Nutrient Sensitive Waters (NSW) from its source to Meherrin River Mill Branch (NCDWQ Index No 25 4 -8 11 09 05 79) is also assigned Class C NSW from its source to Potecasi Creek (NCDENR 2003a) Class C waters are protected for secondary recreation fishing wildlife fish and aquatic life propagation and survival agriculture and other uses suitable for Class C Secondary recreation includes those 7 activities performed in an infrequent unorganized or incidental manner NSW is a supplemental classification intended for waters needing additional nutrient management due to excessive growth of microscopic or macroscopic vegetation In general management strategies for point and non point source pollution control require control of nutrients such that excessive growths of vegetation are reduced or prevented and there is no increase in nutrients over target levels Management strategies are site specific The entire subbasin is classified as NSW (NCDENR 2002a) Within the Project Vicinity no High Quality Waters (HQW) are present HQW include Outstanding Resource Waters and waters protected for public drinking water supply (NCDENR 2003a) The county is under the jurisdiction of the North Carolina Division of Coastal Management (NCDCM) however no Areas of Environmental Concern as defined by the Coastal Area Management Act (CAMA) are present within the study area In addition the study area is within the Chowan River basin which currently does not have riparian buffer protection rules b) Physical Characteristics of Surface Waters Potecasi Creek at US 158 has a channel width of approximately 75 feet and a water depth greater than 4 feet At the bridge the stream is constricted to approximately 50 feet wide Bank heights are approximately 6 feet from the edge of water Potecasi Creek has a substrate composed of 15 percent sand 45 percent silt and 45 percent clay Potecasi Creek exhibits high sinuosity The stream runs on either side of US 158 and makes an oxbow bend as it passes under the bridge Where the stream parallels US 158 the banks adjacent to the road are very steep however there is a riparian buffer On the north side of US 158 a power line ROW interrupts the buffer Mill Branch is an extremely braided system at US 158 Currently there are four culverts connecting the system under US 158 At the westernmost culvert on the south side of US 158 Mill Branch has an average channel width of 4 feet (1 22 m) and a water depth ranging from 2 to 4 feet (0 6 to 12 m) The stream channel is more defined on the south side of the westernmost culvert and on the north side of the easternmost culvert The substrate in Mill Branch is composed of 10 percent sand 50 percent clay and 40 percent silt Several intermittent and perennial tributaries are included within the study area Table 3 presents all streams within the study area and their perennial or intermittent stream determinations ( SA through SS ) These tributaries begin as intermittent often braided streams within forested headwater wetlands In these headwater areas substrate composition is mostly silt and sand Exposed roots are abundant Headcuts and undercut banks are also present in these reaches Adjacent to agricultural fields these streams often exhibit signs of increased instability as evidenced by scouring and some incising Overail the streams have a very low grade slope which is characteristic of the Coastal Plain Scores were assigned to each stream within the study area using the USACE Stream Quality Assessment Worksheet (see Table 3) These are based on a scale of 0 to 100 with 100 being a very high quality stream Table 3 Stream Characteristics *Measurements for Mill Branch were taken near the westernmost culvert The intermittent streams transition into perennial streams downslope through the larger palustrine forested wetland areas frequently after the confluence with other intermittent streams These channels often exhibit only minor sinuosity and have active floodplains as is common in the Coastal Plain They exhibit characteristics of ground water flow such as the presents of iron oxidizing bacteria In some areas streams widen to become swampy areas of standing or very slow moving water with some braiding of the charnels 9 USACE� Channel Width Bankfull Depth Stream Stream M N- Type (Feet) (Feet) Quality Scare Mill Branch* (SA) Perennial 40 2 0 to 4 0 73 Potecasi Creek (SB) Perennial 750 60+ 66 Unnamed Tributary to Perennial 40 10 64 Potecasi Creek (SC) Unnamed Tributary to Perennial 400 80 59 Potecasi Creek (SD) Unnamed Tributary to Perennial 10 05 35 Potecasi Creek (SF) Unnamed Tributary to Perennial 80 30 54 Potecasi Creek (SJ) Unnamed Tributary to Intermittent 20 05 Potecasi Creek (SK) Unnamed Tributary to Intermittent Potecasi Creek & Perennial 30 05 64 (SUSM) Unnamed Tributary to Intermittent 30 05 Potecasi Creek (SN) Unnamed Tributary to Intermittent 30 10 41 Potecasi Creek (SP) Unnamed Tributary to Perennial 30 10 83 Potecasi Creek (SQ) Unnamed Tributary to Intermittent 30 20 27 McHerrm River (SR) Unnamed Tributary to Perennial 20 05 46 McHerrin River (SS) Unnamed Tributary to Intermittent NA NA 32 Potecasi Creek (SCC) & Perennial *Measurements for Mill Branch were taken near the westernmost culvert The intermittent streams transition into perennial streams downslope through the larger palustrine forested wetland areas frequently after the confluence with other intermittent streams These channels often exhibit only minor sinuosity and have active floodplains as is common in the Coastal Plain They exhibit characteristics of ground water flow such as the presents of iron oxidizing bacteria In some areas streams widen to become swampy areas of standing or very slow moving water with some braiding of the charnels 9 Two ponds are present within the western half of the study area One pond is narrow with steep wooded side slopes The other pond occurs within the scrub shrub wetland c) Water Quality This section describes the quality of water resources within and downstream of the study area Water quality assessments are made based on published resource information and existing general watershed characteristics Both point and non point sources of pollution are evaluated such as potential sediment loads and toxin concentrations of these waters These data provide insight into the potential for water resources within the study area to meet human needs and provide habitat for aquatic organisms Benthic Macroinvertebrate Ambient Network The Basinwide Monitoring Program (Program) managed by the NCDWQ is part of an ongoing ambient water quality monitoring program that addresses long term trends in water quality The Program monitors ambient water quality by sampling at fixed sites for selected benthic macroin vertebrate organisms which are sensitive to water quality conditions as part of the Benthic Macroinvertebrate Ambient Network (BMAN) Samples are evaluated on the number of taxa present of intolerant groups [Ephemoptera Plecoptera Trichoptera (EPT)] and a taxa richness value (EPT S) is calculated A biotic index value is also calculated for the sample that summarizes tolerance data for all species in each collection The two rankings are given equal weight in final site classification The biotic index and taxa richness values primarily reflect the effects of chemical pollution and are a poor measure of the effects of physical pollutants such as sediment Although there is a benthic monitoring station on Potecasi Creek this site was sampled but not rated in 2000 During the sampling visit habitat degradation and severe stress were noted at Potecasi Creek Only the Meherrin River was rated based on benthic data and it received a rating of Good (NCDENR 2002a) Water Quality Monitoring Data The Chowan River Basmwide Water Quality Plan does not designate support ratings for Potecasi Creek or Mill Branch (NCDENR 2002a) In 1997 Potecasi Creek was deemed to be impaired as it had Fair water quality which was thought to be a result of agricultural runoff and channelization However it was noted that the low pH and low dissolved oxygen values could have been due to natural swamp conditions While Potecasi Creek is currently not rated it is one of two streams that DWQ has recommended undergo a Swamp Waters Study Plan The details of a Swamp Waters Study Plan are currently in development by NCDWQ and not readily available at this time In addition Potecasi Creek is listed on the most recent Clean Water Act Section 303(d) list as impaired waxers (NCDENR 2002b) It is listed under Category 5 which requires Total Maximum Daily Loads (TMDL) 10 Point and Non point Source Dischargers There are no NPDES dischargers within the subbasm (NCDENR 2003b) Land use within the subbasin which can contribute to non point source pollution is approximately 65 percent forested 1 percent pasture 32 percent agriculture and less than 1 percent urban (NCDENR 2002a) Agriculture is the primary land use therefore it is the primary threat for non point source pollution within the study area Large agricultural areas throughout the study area may introduce nutrients herbicides or pesticides if used for crop management In several areas agricultural drainage ditches drain directly into the headwater wetlands and intermittent streams Erosion from these fields also contributes sediment to the water resources Current timber activity within the study area has the potential to introduce additional sediment load to the streams In addition there are several poultry farms within the project vicinity To a smaller extent residential runoff through the roadside drainage ditches or lawn management may also introduce previously mentioned pollutants d) Impacts Impacts to water resources in the study area are likely to result from activities associated with project construction Table 4 shows the estimated impacts to streams for each alternative Individual stream crossing impacts may include clearing and grubbing on stream banks and in wetlands riparian canopy removal in stream construction fertilizers and pesticides used in revegetation and pavement installation The following impacts to surface water resources are likely to result from the aforementioned construction activities • Increased sedimentation and siltation downstream of the construction zone and increased erosion in the project construction area • Changes in light incidence and water clarity due to increased sedimentation and vegetation removal • Alternation of water levels and flows due to interruptions and/or additions to surface and ground water flow from construction • Changes in and destabilization of water temperature due to vegetation removal • Increased nutrient loading during construction via runoff from exposed areas • Increased concentrations of toxic compounds in roadway runoff • Potential increase of toxic compound releases such as fuel and oil from construction equipment and other vehicles • Alteration of stream discharge due to silt loading and changes in surface and ground water drainage patterns L 11 Table 4 Stream Impacts (linear feet) In order to minimize potential impacts to water resources in the project vicinity NCDOT s Best Management Practices (BMPs) for Construction and Maintenance Activities should be strictly enforced during the construction phase of the project Limiting in stream activities and revegetating stream banks immediately following completion of the grading can further reduce impacts Seed mixes used in revegetating stream banks should not include tall fescue Use of turbidity curtains for this project was reviewed and investigated Given the dimensions for the streams in the study area and general design considerations for turbidity curtains in many instances the specified floatation components for turbidity curtains are larger than the depth of the stream and would most likely result in additional expense with minimal added benefit However Potecasi Creek is a large enough system featuring a width of 75 feet and maintaining a sufficient water depth to support the use of a turbidity curtain The use of a turbidity curtain in Potecasi Creek should be considered during project design as it is designated as having nutrient sensitive waters and increased sediment downstream could impact aquatic systems Turbidity curtains are not recommended for the remaining streams within the study area as water conditions do not meet the requirements for the installation of turbidity curtains The majority of other streams in the study area are less than 4 feet in width and 3 feet in depth where floatation requirements would not be met 12 Alternative- Alternative Alternative Alternative q Alternative Alternative Stream A, A A2 Z w B2 , 4 C � C2 UT to Meherrin 64 64 64 64 64 64 River (SS) UT to Potecasi 11997 18169 11997 18169 11997 18169 Creek (SD) UT to Potecasi 12920 12920 13475 13475 10881 10881 Creek (SQ) UT to Potecasi 16643 16643 NA NA 12436 12436 Creek (SC) UT to Potecasi 7692 7692 25671 25671 46 17 4617 Creek (SJ) UT to Potecasi NA NA 255 18 255 18 NA NA Creek (SL) UT to Potecasi NA NA 1529 1529 NA NA Creek (SN) UT to Potecasi 3394 3394 NA NA NA NA Creek (SF) Potecasi Creek 247 12 247 12 24712 247 12 32950 32950 (SB) Mill Branch 7956 7956 7956 7956 7956 7956 (SA) UT to Potecasi NA NA NA NA 719 16 719 16 Creek (SCC) Total Stream �� 91714 978 86 `4 1172 58 1234 30 159153 ��1653 25 �- Iin acts �� - � In order to minimize potential impacts to water resources in the project vicinity NCDOT s Best Management Practices (BMPs) for Construction and Maintenance Activities should be strictly enforced during the construction phase of the project Limiting in stream activities and revegetating stream banks immediately following completion of the grading can further reduce impacts Seed mixes used in revegetating stream banks should not include tall fescue Use of turbidity curtains for this project was reviewed and investigated Given the dimensions for the streams in the study area and general design considerations for turbidity curtains in many instances the specified floatation components for turbidity curtains are larger than the depth of the stream and would most likely result in additional expense with minimal added benefit However Potecasi Creek is a large enough system featuring a width of 75 feet and maintaining a sufficient water depth to support the use of a turbidity curtain The use of a turbidity curtain in Potecasi Creek should be considered during project design as it is designated as having nutrient sensitive waters and increased sediment downstream could impact aquatic systems Turbidity curtains are not recommended for the remaining streams within the study area as water conditions do not meet the requirements for the installation of turbidity curtains The majority of other streams in the study area are less than 4 feet in width and 3 feet in depth where floatation requirements would not be met 12 Wetlands There are seven wetland community types found within the delineated portion of the project study area Riparian Forest Bottomland Hardwood Forest Scrub Shrub Swamp Forest Headwater Forest Headwater Ditch and Pine Savanna Approximately 40 jurisdictional wetland sites were delineated within the project study area Of these 40 sites between 21 and 24 are impacted by the proposed alternatives Table 5 details the wetland sites that are impacted by Alternatives A A2 B B2 C and C2 Floodplains Hertford County is currently participating in the National Flood Insurance Regular Program The tributaries to Potecasi Creek and Potecasi Creek itself are in designated flood hazard zones where detailed flood studies have not been performed The Mill Creek crossing is not located within a flood hazard zone The floodplain area in the vicinity of he stream crossings is primarily rural and undeveloped The terrain throughout most of the project is rolling with streams and natural draws located such that the project can be drained without difficulty Existing drainage patterns will be maintained to the extent practicable It is not anticipated that the proposed project should have any adverse impacts on the existing floodplain 13 Table 5 Wetland Impacts 14 Alternatives M Site Wetland ID Wetland Type A 'A2 B B2 C C2 1 WTT Riparian Forest 0 097 0 097 0 093 0 093 0 096 0 096 3 WRR Headwater Ditch 0 004 0 004 0 005 0 005 0 004 0 004 6 WPP Swamp Forest 0 411 1 325 0 391 1 325 0 414 1 325 7 WNN Headwater Ditch 0 010 0 016 0 013 0 016 0 008 0 016 8 WMM Headwater Ditch 0 015 0 023 0 019 0 023 0 014 0 023 9 WLL Riparian Forest 0 370 0 481 0 388 0 481 0 970 0 481 10 WLL Riparian Forest 0 082 0 131 0 018 0 131 0 006 0 131 12 WHH/WGG Headwater Forest 0 094 0 094 0 780 0 780 0 069 0 069 13 WFF Headwater Forest 0 004 0 004 14 WEE Riparian Forest 0 150 0 150 15 WY Headwater Forest 0 021 0 021 0 022 0 022 16 WY Headwater Forest 0 004 0 004 17 WT Bottomland Hardwood 0 048 0 048 0 048 0 048 18 WT Bottomland Hardwood 0 016 0 016 0 019 0 019 20 WT Bottomland Hardwood 0173 0173 0184 0184 21 WS Bottomland Hardwood 0 052 0 052 0 057 0 057 23 WX Headwater Forest 0 051 0 051 27 WK Bottomland Hardwood 0 029 0 029 0 027 0 027 0 029 0 029 30 WG Scrub Shrub 0 030 0 030 0 028 0 028 0 030 0 030 31 WE Head Water Ditch 0 007 0 007 0 007 0 007 0 007 0 007 33 WD Swamp Forest 1177 1 177 1219 1219 1181 1 181 34 WD Swamp Forest 0 059 0 059 0 048 0 048 0 086 0 086 35 WC Headwater Forest 0 025 0 025 0 025 0 025 0 027 0 027 36 WB Headwater Forest 0 010 0 010 0 012 0 012 0 010 0 010 37 WA Pine Savanna 0 089 0 089 0 083 0 083 0 098 0 098 38 WA Pine Savanna 0 023 0 023 0 023 0 023 0 023 0 023 39 WJJ Swamp Forest 0 054 0 054 0 009 0 009 40 WCC Swamp Forest 0 625 0 625 41 WV300 Swamp Forest 1821 1821 Total (Ac 1 2 900 3 988 3 663 4 810 5 578 6142 14 MITIGATION EVALUATION The USACE through the CEQ has adopted a wetland mitigation policy that embraces the concept of no net loss of wetlands and sequencing The purpose of this policy is to restore and maintain the chemical biological and physical integrity of Waters of the United States specifically wetlands Mitigation of wetland impacts has been defined by the CEQ to include the following avoiding minimizing rectifying reducing (over time) and compensating for impacts (40 CFR 1508 20) These three aspects are avoidance minimization and compensation and must be considered sequentially Avoidance mitigation examines all appropriate and practicable possibilities of averting impacts to Waters of the United States According to a 1990 Memorandum of Agreement (MOA) between the U S Environmental Protection Agency (USEPA) and the USACE when determining appropriate and practicable measures to offset unavoidable impacts such measures should be appropriate to the scope and degree of those impacts and practicable in terms of cost existing technology and logistics in light of overall project purposes Complete avoidance of wetlands is not possible due to the extent of wetlands in the study area Minimization includes the examination of appropriate and practicable steps to reduce the adverse impacts to Waters of the United States Implementation of these steps will be required through project modifications and permit conditions Minimization typically focuses on decreasing the footprint of the proposed project through the reduction of median widths ROW widths fill slopes and/or road shoulder widths Widening to the South at the west end of the project and to the North at the east end of the project was used to avoid excessive wetland impacts Compensatory mitigation is not normally considered until anticipated impacts to Waters of the United States have been avoided and minimized to the maximum extent possible It is recognized that no net loss of wetlands functions and values may not be achieved in each and every permit action Appropriate and practicable compensatory mitigation is required for unavoidable impacts that remain after all appropriate and practicable minimization has been achieved Compensatory actions often include restoration creation and enhancement of Waters of the United States specifically wetlands Such actions should be undertaken in areas adjacent or contiguous to the discharge site if practical Compensatory mitigation will likely be required for the potential impacts associated with this project Wetland restoration or enhancement potential should be evaluated for the wetlands WG and WQQ if these areas are not impacted by the final project Recent disturbance in both of these areas has altered the vegetation and possibly the hydrology The hydrology and vegetation within portions of this area could be adjusted to improve habitat and water storage functions that were lost during previous timbering activities If Alternative C is selected the existing bridge over Potecasi Creek would be removed as part of potential wetland mitigation 15 PROTECTED SPECIES Some populations of fauna and flora are or have been in the process of decline either due to natural forces or their inability to co exist with human development Federal law [under the provisions of the Endangered Species Act (ESA) as amended] requires that any action likely to adversely affect a species classified as Federally protected be subject to review by the USFWS Other species may receive limited additional protection under Separate State laws a) Federally Protected Species Plants and animals with Federal classifications of Endangered (E) Threatened (T) Proposed Endangered (PE) and Proposed Threatened (PT) are protected under the provisions of Sections 7 and 9 of the ESA as amended The USFWS (last update December 11 2006) and NCNHP (last update May 2003) list on Federally protected species for Hertford County The Red cockaded woodpecker (Picoides borealis) is listed as endangered at the Federal and State levels The Biological Conclusion for the species is May Affect Not Likely to Adversely Affect due to the limited suitable habitat within the study area The pine savanna within the eastern edge of the study area contains pines of intermediate age with an open understory however this area is relatively small and not contiguous with other suitable habitats No individuals or nest cavities of this species were observed during the site visit This survey and resulting Biological Conclusion are considered valid for two years form the date of the survey A letter requesting USFWS concurrence on this Biological Conclusion will be submitted by NCDOT A review of the NCNHP database of rare species and unique habitats shows no occurrence of Federally protected species within 1 mile of the study area (NCDENR 2003c) b) Federal Species of Concern and State Listed Species There is one species listed as a Federal Species of Concern (FSC) by the USFWS and NCNHP for the county ( USFWS 2003 NCDENR 2003c) Species classified as FSC are not afforded Federal protection under the ESA and are not subject to any of its provisions including Section 7 until they are formally proposed or listed as Threatened or Endangered However the status of these species is subject to change and should be included for consideration FSC are defined as species that are under consideration for listing for which there is insufficient information to support listing In addition organisms that are listed as Endangered (E) Threatened (T) or Special Concern (SC) under the North Carolina State Endangered Species Act of 1987 and The North Carolina Plant Protection and Conservation Act of 1979 are afforded limited State protection 16 In the county the Chowanoke Crayfish (Orconectes virginiensis) is listed as FSC by the USFWS The state status of this species is SC Within the study area there is potential habitat for this species The known habitat for this species includes sluggish streams or swamps on sand or gravel substrates and sluggish streams flowing through woodlands on sandy or gravelly substrates A review of the NCNHP database of rare species and unique habitats shows no occurrence or FSC within 1 mile of the study area (NCDENR 2003c) WILD AND SCENIC RIVERS The project will not impact any Designated Wild and Scenic Rivers or any rivers included in the list of study rivers (Public Law 90 542 as amended) CULTURAL RESOURCES This project is subject to compliance with Section 106 of the National Historic Preservation Act of 1966 as amended and implemented by the Advisory Council on Historic Preservation s Regulations for Compliance with Section 106 codified as 36 CFR Part 800 Section 106 requires Federal agencies to take into account the effect of their undertakings (federally funded licensed or permitted) on properties included in or eligible for inclusion in the National Register of Historic Places (NRHP) and to afford the Advisory Council a reasonable opportunity to comment on such undertakings Historic Architecture A detailed survey was conducted for Alternatives A and B Thirty -seven properties that are at least fifty years old were identified during a field survey Of these only three were determined to be eligible for the NRHP Britt Store Mt Tabor Baptist Church and cemeteries and the William H Kiff House The North Carolina State Historic Preservation Office (HPO) confirmed the eligibility of these properties in correspondence dated April 25 2003 and July 10 2003 The addition of Alternative C resulted in a larger Area of Potential Effects (APE) NCDOT conducted additional surveys to identify historic architectural resources located within the expanded APE No properties eligible for or listed on the NRHP were identified within the new location portion of Alternative C except for the previously identified Mt Tabor Baptist Church and cemeteries the HPO concurred with this determination in a concurrence form dated August 31 2005 Figure 2 (refer to the EA) shows the locations of all three eligible sites 17 Table 6 Architectural Resources F,huihle for the Natinnal Ramctar Property -Name Criteha w 54401 r Description - - - Location �� lbilit 4V -', � ;k A Britt Store A C Commercial Adjacent to US 158 and building SR 1304 intersection Mapleton Mt Tabor Baptist Church A C Church and US 158 east of SR 1176 and Cemeteries cemeteries William H Kiff House C Agricultural Adjacent to the US 158/ complex SR 1174 intersection a) Eligible Properties Britt Store The Britt Store is located at the northwest corner of the intersection of US 158 and SR 1303 within the Mapleton community The circa 1880 single story store is a front gabled frame building with a false front a shed roofed addition on the east side has a lower false front Both false fronts are weatherboarded and have cornices supported by carved brackets and decorative frieze boards The Britt Store has been determined eligible for the National Register of Historic Places under Criterion A in the areas of commerce and transportation for its association with the commerce related to Hill s Ferry and the surrounding rural area The store is also eligible under Criterion C in the area of architecture as a relatively intact example of a late nineteenth century store building in a rural crossroads community The building retains its original form and the architectural detailing in the parapets The eligible boundary of the Britt Store encompasses the entire 0 29 -acre lot historically associated with the store and conforms to the present tax boundary following the existing right of way along US 158 and Mapleton Road (SR 1304) Mt Tabor Baptist Church and Cemeteries Mt Tabor Baptist Church stands on the south side of US 158 near Mapleton dust east of the intersection with SR 1176 (Mt Tabor Church Road) Two cemeteries share the site one is directly behind the church spreading to the west and the other is south of the church closer to the highway and bordered on its south side by Potecasi Creek K The Mt Tabor Baptist Church has been determined eligible for the National Register of Historic Places under Criterion A in the area of social history for its association with the development of communities in rural Hertford County The church is eligible under Criterion C in the area of architecture as a relatively intact example of antebellum churches built by Baptist congregations in rural Hertford County Additions have been made to the building but its original form and materials are still easily discernable The additions all made to the rear are small in scale and do not overwhelm the original building The church building meets Criteria Consideration A for a property owned by a religious institution or used for religious purposes but which derives its primary significance from architectural distinction or historical importance The eligible boundary of the Mt Tabor Baptist Church encompasses the entire six acres historically associated with the church and cemeteries and conforms to the present tax boundary following existing right of way along US 158 William H Kiff House The house and its outbuildings stand at the southwest corner of the function of US 158 and SR 1174 The buildings crowd the corner while agricultural fields spread south on both sides of SR 1174 The complex consists of a house a kitchen and a smokehouse The house (ca 1860) is a single story gable end weatherboarded frame house with rear ell The front section is dressed in vernacular Greek Revival style and has a center -hall plan The kitchen (ca 1860) stands dust southeast of the house and also faces north This gable end building has two interior brick stacks a full width shed - roofed front porch and six over line reflecting the historic appearance of the tract This area is smaller than the current tax boundary which includes 145 acres on both sides of Mt Moriah Road (SR 1174) b) Project Effects The potential effect of the proposed US 158 widening project on eligible architectural resources in the project area was evaluated parsuant to the Assessment of Adverse Effects (36 CFR 800 5) For Alternatives A B and C the new lanes will be placed south of existing US 158 in the Mapleton vicinity in order to avoid impacts to both the Britt Store as well as homes on the north side of the roadway In January 2006 HPO FHWA and NCDOT concurred that each of the three alternatives would have No Effect on the Britt Store property In January 2006 HPO FHWA and NCDOT agreed that Alternatives B and C would have No Effect on Mt Tabor Church It was also agreed that Alternative A would have an Adverse Effect on Mt Tabor Church Further coordination with the U S Army Corps of Engineers and HPO may be required to determine if the Mt Tabor Baptist Church is considered to be within the project s federal permit area thereby making Section 106 requirements applicable six double hung sash windows A front gable frame smokehouse (ca 1860) stands to the west facing the kitchen and 19 the rear wing of the house The William H Kiff House and its outbuildings have been determined eligible for the National Register of Historic Places under Criterion C in the area of architecture as an intact domestic agricultural complex from the mid nineteenth century The Kiff House is a rare well preserved example of a one story vernacular Greek Revival dwelling in Hertford County The complex including the kitchen and smokehouse represents the types of buildings commonly employed on small self sufficient farms of the period The eligible boundary for the William H Kiff House encompasses the three buildings and sufficient surrounding land to create a sense of the historic setting As drawn the boundary includes the buildings and 5 5 acres of cleared agricultural fields reaching to forested areas at the south boundary For Alternatives A B and C widening in the vicinity of the Kiff House was shifted to the north side of US 158 to avoid impacts to the property The adjacent intersecting street was shifted slightly east in order to straighten the intersection angle In January 2006 HPO FHWA and NCDOT concurred that each of the three alternatives would have No Effect on the Kiff House A copy of the January 2006 effects form can be found attached Archaeology An intensive archaeological survey was conducted within the study corridor for Alternatives A and B A total of 21 historic resources was identified and evaluated (15 archaeological sites 5 family cemeteries and 1 historic resource) Of the 15 archaeological sites identified within the study corridor 13 sites (31 HF260 31 HF261 31 HF262 31 HF263 31 HF264 31 HF265 31 HF266 31 HF267 31 HF269 31 HF270 31HF271 31HF274 and 31HF275) were recommended as not eligible for inclusion in the NRHP Ina memo dates July 9 2004 the HPO concurred that these sites were not eligible for such listing since these properties do not retain the level of integrity nor do they posses the potential to yield significant new information pertaining to the prehistory of North Carolina Both of the two remaining archaeological sites (31HF268 and 31HF278) are recommended as eligible for the NRHP Representing the remains of a farm complex that appears to have been occupied from the mid nineteenth to the mid twentieth centuries Site 31HF268 consists of at least one intact feature with the potential for other intact features below the plowzone therefore Site 31HF268 is recommended as eligible for the NRHP per Criterion D Site 31HF278 is a Civil War period earthwork and archaeological site probably constructed in 1862 and occupied by Confederate forces This resource is locally significant for its role as part of the Union campaign against the Weldon Railroad one of only two campaigns conducted within the confines of what is now Hertford County Site 31HF278 therefore is recommended as eligible for inclusion in the NRHP for the following reasons (1) the site is associated with the broad patterns of local state and national history (Criterion A) (2) the earthwork is one of the very few intact Civil 20 War fortifications found in Hertford County that has retained its integrity (Criterion C) and (3) the archaeological information will contribute important information about history or prehistory (Criterion D) In a memo dated July 9 2004 the HPO concurred that these two archaeological sites are eligible for the NRHP since they have the potential to yield new information about the historic archaeology of the Coastal Plain Should either of these sites be impacted by the proposed project mitigation efforts are recommended Five family cemeteries three active (31HF273 31HF276 and 31HF277) and two inactive (31 HF272 and 31 HF279) have been identified in or adjacent to the study corridor Four of the cemeteries (31 HF272 31 HF276 31 HF277 and 31 HF279) are recommended as not eligible for inclusion in the NRHP since (1) the cemeteries do not appear to meet National Register Criteria Consideration D governing cemeteries (2) they are not associated with an important historic event and do no contain graves of individuals of transcendent importance and (3) the marked graves do not demonstrate any particularly distinctive characteristics with regard to design The Lee family cemetery (31 HF273) containing one interment and last used in 1995 as indicated by the grave marker is currently maintained and located in the yard of a residence This cemetery postdates 1954 and does not appear to meet the age criteria established for inclusion in the NRHP Avoidance of all cemeteries is recommended however if any of these sites are to be impacted by the proposed alternatives removal per applicable State statutes (i e NC GS 65 or NC GS 70 Article 3) is recommended The remaining historic resource identified as part of the intensive archaeological survey consists of the Mt Tabor Baptist Church and its two associated cemeteries (Section E 2 a) Since Alternative C was added to the list of proposed alternatives after the intensive archaeological survey was completed the NCDOT conducted an additional preliminary review of the new location portion of Alternative C This review revealed a low potential for containing intact remains on either side of Potecasi Creek portions of which have already been surveyed In addition the west side of Potecasi creek shows signs of previous timbering and bulldozing activities while the east side of the creek can be categorized as hydric with a very high water table NCDOT has recommended that a detailed survey within the Alternative C corridor be conducted only if this alternative is selected as the preferred for the proposed project due to the fact that the design and orientation of Alternative C may impact Site 31HF278 which is eligible for the NRHP Ina memo dated July 19 2005 the HPO then concurred with the steps proposed by the NCDOT to evaluate any adverse effects to the extant cultural resources located either within or adjacent to the project 21 HAZARDOUS MATERIALS A field reconnaissance survey was conducted along the project The purpose of this investigation was to identify the existence of any unknown hazardous materials within the proposed project alignment In addition to the field survey a file search of appropriate environmental agencies was conducted to identify any known problem sites along the proposed project alignment Based on the field reconnaissance survey there are no anticipated UST impacts Based on the GIS search and the field reconnaissance no apparent Resource Conservation and Recovery Act (RCRA) or the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) sites were identified within the project limits Based on the GIS no regulated or unregulated landfills or dumpsites occur within the project limits LOGICAL TERMINI / INDEPENDENT UTILITY Federal Highway Authority (FHWA) regulations [23 CFR 771 111(f)] outline three general principals to determine project limits The regulations state In order to ensure meaningful evaluation of alternatives and to avoid commitments to transportation improvements before they are fully evaluated the action evaluated to each EIS or FONSI shall • Connect logical termini and be of sufficient length to address environmental matters on a broad scope • Have independent utility or interdependent significance i e be usable and be a reasonable expenditure even of no additional transportation improvements to the area are made and • Not restrict consideration of alternatives for other reasonably foreseeable transportation improvements The project s termini and other elements meet the FHWA s criteria for logical termini The project would provide system linkage between northeastern North Carolina and Interstate 95 support economic development in Hertford and surrounding counties and ensure future safety along project limits The project is of sufficient length (8 3 miles) to address environmental matters on a broad scope The potential for segmentation was avoided during the planning for this project by evaluating environmental impacts for the entire length of the proposed project The project would have independent utility even if no additional transportation improvements were made in the area The proposed project would not restrict consideration of alternatives for other reasonably foreseeable transportation improvements in the area PJOA Enclosed you will find a completed ENG Form 4345 and mailing labels This submittal is in accordance with Step 4 of the guidelines for integrating project review under the National Environmental Policy Act and Section 404 of the Clean Water Act This letter along with the previously distributed EA should provide sufficient information for the issuance of a Public Notice for the project The public hearing is scheduled for July 19 2007 If you have any questions or need additional information please contact Charles R Cox P E at (919) 733 7844 extension 301 Sincerely �dJ,Gregory J Thorpe Ph D Manager Project Development and Environmental Analysis CC Mr Scott McLendon USACE Wilmington Mr David Wainwright NCDWQ (7 copies) Mr Travis Wilson NCWRC Mr Chris Militscher USEPA Mr Gary Jordan USFWS Mr Clarence W Coleman P E FHWA Mr Jay Bennett P E Roadway Design Mr Phil Harris P E Natural Environment Unit Mr Carl Goode Human Environment Unit Mr Mated Al Ghandour P E Programming and TIP Mr Art McMillian P E Highway Design Mr David Chang P E Hydraulics Mr Greg Perfetti P E Structure Design Mr Mark Staley Roadside Environmental Mr Anthony W Roper P E Division 1 Engineer Mr Clay Willis DEO Division 1 23 APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT I OMB APPROVAL NO 0710 -003 (33 CFR 325) Expires December 31 2004 Public reporting burden for this collection of Information Is estimated to average 10 hours per response although the majority of applications should require 5 hours or less This includes the time for reviewing instructions searching existing data sources gathering and maintaining the data needed and completing and reviewing the collection of information Send comments regarding this burden estimate or any other aspect of this collection of information including suggestions for reducing this burden to Department of Defense Washington Headquarters Service Directorate of Information Operations and Reports 1215 Jefferson Davis Highway Suite 1204 Arlington VA 22202 -4302 and to the Office of Management and Budget Paperwork Reduction Project (0710-0003) Washington DC 20503 Respondents should be aware that notwithstanding any other provision of law no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number Please DO NOT RETURN your form to either of those addresses Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity PRIVACY ACT STATEMENT Authority Rivers and Harbors Act Section 10 33 USC 403 Clean Water Act Section 404 33 USC 1344 Marine Protection Research and Sanctuaries Act 33 USC 1413 Section 103 Principal Purpose Information provided on this form will be used in evaluating the application for a permit Routine Uses This Information may be shared with the Department of Justice and other federal state and local government agencies Submission of requested information is voluntary however If Information is not provided the permit application cannot be evaluated nor can a permit be issued One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity An aDolication that is not completed in full will be returned ITEMS 1 THRU 4 TO BE LLED BY THE CORPS 1 APPLICATION NO 2 FIELD OFFICE CODE 3 DATE RECEIVED 4 DATE APPLICATION COMPLETED ITEMS BELOW TO BE F LLED BY APPLICANT 5 APPLICANTS NAME 8 AUTHORIZED AGENT S NAME AND TITLE (an agent s not requ red) North Carolina Department of Transportation Project Development & Environmental Analysis 6 APPLICANTS ADDRESS 9 AGENTS ADDRESS 1548 Mail Service Center Raleigh NC 27699 1548 7 APPLICANTS PHONE NOS W /AREA CODE 10 AGENTS PHONE NOS W /AREA CODE a Residence a Residence b Business 919 733 3141 b Business 11 STATEMENT OF AUTHORIZATION I hereby authorize to act in my behalf as my agent in the processing of this application and to fumish upon request supplemental Information In support of this permit application APPLICANTS SIGNATURE DATE NAME LOCATION AND DESCRIPTION OR PROJECT OR ACTIVITY 12 PROJECT NAME OR TITLE ( t t US 158 Widening from Murfreesboro Bypass to US 13 West of Winton 13 NAME OF WATERBODY IF KNOWN (f appl cable) 14 PROJECT STREET ADDRESS (if appl cable) Mehemn River Basin 15 LOCATION OF PROJECT Hertford County NC COUNTY STATE 16 OTHER LOCATION DESCRIPTIONS IF KNOWN (see nst uctons) Section Township Range Lat/Lon and/or Accessors s Parcel Number for example 17 DIRECTIONS TO THE SITE Please see attached vicinity map and cover letter 18 Nature of Activity (Descript on of protect include all featu es) Widen the existing US 158 to four 12 foot travel lanes paved shoulders and a 46 foot wide grassy median The existing facility will have partial control access and full control access on new location ENG FORM 4345 Jul 97 EDITION OF FEB 94 IS OBSOLETE (Proponent CECW OR) 19 Protect Purpose (Desc b the easo o pu pose of the p i ct see str cto s) The purpose of this project is to provide system linkage specifically between northeastern North Carolina and Interstate 95 Support economic development in Hertford and surrounding counties and ensure future safety along the project limits on US 158 in Hertford County USE BLOCKS 20-22 IF DREDGED AND /OR FILL MATERIAL IS TO BE DISCHARGED 20 Reason(s) for Discharge The Widening of US 158 will result In roadway fill In wetlands 21 Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards FIII from roadway 22 Surface Area in Acres of Wetlands or Other Waters Filled (see nstr ct ons) See Merger Permit Application Letter 23 Is Any Portion of the Work Already Completes Yes _ No X IF YES DESCRIBE THE COMPLETED WORK 24 Addresses of Adjoining Property Owners Lessees Etc Whose Property Adjoins the Waterbody (If mo a than a b ntered here please attach a supplemental I st) 25 List of Other Certifications or Approvals /Denials Received from other Federal State or Local Agencies for Work Described in This Application AGENCY TYPE APPROVAL IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED Would include but is not restricted to zonina buildina and flood plain permits 26 Application is hereby made for a permit or permits to authorize the work described in this application I certify that the information in this application is complete and accurate I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the ant Sre/tement APPLICAN DATE SIGNATURE OF AGENT DATE The a be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent in block 11 ha s been filled out and signed 18 U S C Section 1001 provides that Whoever in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies conceals or covers up any trick scheme or disguises a material fact or makes any false fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false fictitious or fraudulent statements or entry shall be fined not more than $10 000 or impnsoned not more than five years or both ENG FORM 4345 Jul 97 EDITION OF FEB 94 IS OBSOLETE (Proponent CECW OR) I� r V. U4. STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F EASLEY GOVERNOR June 5, 2007 MEMORANDUM TO Secretary Lyndo Tippett FROM Kimberly D Hinton Senior Public Hearing Officer Human Environment Unit LYNDo TIPPETT SECRETARY RE Notice of a Public Hearing for the Proposed Widening of US 158 from Murfreesboro Bypass to US 13 in Winton The following Notice is furnished for your information R 2583 This project intends to widen US 158 from Murfreesboro Bypass to US 13 in Winton KDH /cdh Attachment cc Mr Stan M White, Board of Transportation Member — Division 1 Mr Steve Vamedoe P E Mr J B Williamson, Jr Ms Deborah M Barbour P E Mr C W Leggett P E Mr Majed Al Ghandour, P E Mr Bill Rosser Mr Greg Thorpe Mr Rob Hanson P E Ms Teresa Hart P E Mr Art McMillan, P E Mr Jay Bennett P E Mr J Victor Barbour, P E Mr Kevin Lacy, P E Ms Sharon Lipscomb Ms Tammy Denning MAILING ADDRESS TELEPHONE 919 715 1500 NC DEPARTMENT OF TRANSPORTATION FAX 919 715 1522 HUMAN ENVIRONMENT UNIT 1583 MAIL SERVICE CENTER WEBSITE WWW NCDOT ORG RALEIGH NC 27699 1583 LOCATION PARKER LINGQLN BLDG1O 2728 CAPITAL VD RALE'"N� cPq r NOTICE OF A PRE - HEARING OPEN HOUSE AND PUBLIC HEARING FOR THE PROPOSED WIDENING OF US 158 FROM MURFREESBORO BYPASS TO US 13 IN WINTON TIP Project No R -2583 Hertford County The North Carolina Department of Transportation ( NCDOT) will hold a Pre - Hearing Open House 4 30 p m to 6 30 p m and a Public Hearing at 7 00 p m on Thursday July 19 2007 in the Roanoke - Chowan Community College Auditorium 109 Community College Road Ahoskie 27910 NCDOT proposes to widen US 158 in Hertford County to a multi -lane median divided roadway from the Murfreesboro Bypass to US 13 west of Winton The project calls for two travel lanes in both directions separated by a grass median The project is about 8 2 miles long The project involves bypass alternatives in the vicinity of Mount Tabor Church Road (SR 1176) Six (6) detailed study alternatives will be presented for public comments These comments will be used as part of the process to select the recommended alternative US 158 is-designated as part of the NC Strategic Corridor System Additional right of way and the relocation of homes and businesses will be required for this project NCDOT representatives will be available at the Pre - Hearing Open House between the hours of 4 30 p m and 6 30 p m to answer questions and receive comments relative to the proposed project The opportunity to submit written comments or questions will also be provided Interested citizens may attend at any time during the above mentioned hours A formal presentation will begin at 7 00 p m The presentation will consist of an explanation of the proposed location design funding and right of way and relocation requirements and procedures The hearing will be open to those present for statements questions and comments The presentation and comments will be recorded and a transcript will be prepared Additional materials may be submitted by August 20 2007 A map displaying the location and design of the project and a copy of the environmental document — State Environmental Assessment (SEA) — are available for public review at the Hertford County Government Office Complex 704 North King Street Winton 27986 and at the NCDOT Resident Engineers Office located at 154 NC 42 West Ahoskie NC 27910 Anyone desiring additional information may contact Kimberly Hinton Human Environment Unit at 1583 Mail Service Center Raleigh NC 27699 -1583 by phone (919) 715 -1595 by fax (919) 715 -1501 or by email khinton dot state nc us NCDOT will provide auxiliary aids and services under the Americans with Disabilities Act for disabled persons who wish to participate in this hearing Anyone requiring special services should contact Ms Hinton as early as possible so that arrangements can be made