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