20111075 Ver 1_Public Notice_20111215

Issue Date December 15 2011
Comment Deadline January 17 2012
Corps Action ID # SAW 2002 11081
The Wilmington District Corps of Engineers (Corps) has received an application from
the North Carolina Department of Transportation seeking Department of the Army
authorization to impact 4 39 acres of ,jurisdictional wetlands and 1,832 linear feet of
stream associated with the widening of US Highway 158 from the Murfreesboro
bypass to US Highway 13 ,just west of Wanton in Hertford County, North Carolina
State Project No 6 07900T Division 1 TIP No R 2583
Specific plans and location information are described below and shown on the attached
plans This Public Notice and all attached plans are also available on the Wilmington
District Web Site at www saw usace annv mil /wetlands
Applicant Gregory J Thorpe PhD
Environmental Management Director PDEA
NC Department of Transportation
Project Development and Environmental Analysis
1598 Mail Service Center
Raleigh NC 27699 1598
AGENT (if applicable) Robert S Lepsic
ARCADIS G & M of NC Inc
801 Corporate Center Drive Suite 300
Raleigh North Carolina 27607
Authority
The Corps will evaluate this application and a decide whether to issue conditionally
issue or deny the proposed work pursuant to applicable procedures of Section 404 of the
Clean Water Act

Location
The proposed project is located along US Highway 158 from the Murfreesboro bypass to
US Highway 13 just west of Winton for a distance of approximately 8 1 miles The
project is adjacent to jurisdictional wetlands connected to Potecasi Creek Mill Branch
and several unnamed tributaries to these streams as well as one unnamed tributary to the
Meherrm River The project is located in the Chowan River Basin Hydrologic Unit
03040204 The project starts at Latitude 36 426963N Longitude 77 071149W and ends
at Latitude 36 3960815N Longitude 76 9460364W
Background
A State Environmental Assessment (SEA) was approved on April 27 2006 and circulated
to federal state local agencies and the public for review The SEA explains the purpose
and need for the project provides a description of the alternatives considered and
characterizes the social economic and environmental effects of the proposed project A
State Findings of No Significant Impact (SFONSI) was approved on June 3 2008 The
proposed project has gone through the NEPA/404 merger process The proposed project
is state funded and is in the approved 2007 2013 Transportation Improvement Program
(TIP) with construction scheduled to begin in state fiscal year 2012 The estimated cost
of the project is approximately $48 904 000
The SEA and SFONSI for R 2583 is available for review at the Washington Regulatory
Field Office 2407 W 5`h Street Washington North Carolina or at the North Carolina
Department of Transportation Project Development and Environmental Analysis Branch
Century Center Building 1020 Birch Ridge Drive Raleigh North Carolina
Existing Site Conditions
The project area is in Hertford County in northeastern North Carolina Land use in the
project area consists primarily of agriculture forestry and residential uses Residential
development is scattered and located linearly along US 158 The unincorporated area of
Mapleton is located approximately two miles east of the project s western terminus
Most of the area is zoned for residential and agricultural purposes but because the project
is expected to attract further economic development changes in land use may occur
The project lies in the Inner Coastal Plain physiographic region of North Carolina Flat
terrain slow moving streams and swamplands characterize the landscape
The primary water bodies in the project area are Potecasi Creek and Mill Branch Several
unnamed tributaries to Potacasi Creek Mill Branch and the Meherrin River are located
within the project area Both of the named streams are classified by the NC Division of
Water Quality (NCDWQ) as Class C Nutrient Sensitive Waters (NSW) The unnamed
tributaries to these streams have not been classified but unclassified tributaries carry the
same classification as the stream to which they are a tributary No High Quality Waters

( HQW) Water Supplies (WS 1 undeveloped watersheds or WS II predominately
undeveloped watersheds) nor Outstanding Waters (ORW) occur within 1 mile of the
project study area
Six wetland types were identified within the project corridor Pine Savanna Headwater
Forest Swamp Forest Scrub -Shrub Bottomland Hardwood Forest and Riparian Forest
A detailed description of these can be found in the Natural Resources Technical Report
(NRTR) available at the locations shown above
Based on the US Natural Resource Conservation Service (MRCS) survey of Hertford
County the soils found are generally sands and loams The study area is mapped
primarily as Norfolk loam fine sand Craven fine sandy loam and Tarboro sand Other
small pockets of Bibb soils Bonneau loamy sand Carolina fine sandy loam Conetoe
loamy sand Dorovan soils Exum very fine sandy loam Goldsboro fine sandy loam leaf
loam Lenoir loam Lynchburg fine sandy loam Rains fine sandy loam Udorthents and
Winton soils are present Of these soil types the NRCS lists four (Bibb Dorovan Leaf
and Rains) as hydric in the county Descriptions of these soil series associations can be
found in the Hertford County Soil Survey or page 53 55 of the State Environmental
Assessment for TIP Project # R -2583
Applicant's Stated Purpose
The purpose of this project is to provide system linkage support economic development
and to ensure future safety along the project limits
Project Description
The project is identified as TIP # R 2583 The following description of work is taken
from data provided by the applicant The applicant has proposed to fill 2 96 acres
mechanize clear 0 76 acres and excavate 0 67 acres of Jurisdictional wetlands Also the
applicant proposes to permanently impact 1 832 linear feet and temporarily impact 222
linear feet of stream These impacts are needed to widen an existing two lane facility to a
multi lane facility along the approximate 8 1 mile section of highway Additionally the
applicant has proposed to hand clear 0 88 acres of Jurisdictional wetlands for construction
purposes The project has been designed with south and north side widening on existing
location as well as a new location section around the Mt Tabor Church Avoidance
mitigation measures were taken during the planning and NEPA compliance stages and
minimization measures were incorporated as part of the project design Additionally the
applicant is proposing to construct a new bridge over Potecasi Creek which totally spans
the creek and its adjacent wetlands The applicant is proposing to offset unavoidable
impacts to wetlands and streams through EEP EEP in a letter dated February 15 2011
has committed to providing the necessary compensatory mitigation for the project
Overall plans showing the location of the proposed construction and impact sites are
included with this public notice Additional detailed plans and findings for the project
may be reviewed at the U S Army Corps of Engineers Regulatory Field Office at 2407
W 5`" Street Washington North Carolina 27889
3

Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate
State agencies for review The Corps will generally not make a final permit decision until
the North Carolina Division of Water Quality ( NCDWQ) issues denies or waives State
certification required by Section 401 of the Clean Water Act (PL 92 500) The receipt of
the application and this public notice combined with appropriate application fee at the
North Carolina Division of Water Quality central office in Raleigh will constitute initial
receipt of an application for a 401 Water Quality Certification A waiver will be deemed
to occur if the NCDWQ fails to act on this request for certification within sixty days of
the date of the receipt of this notice in the NCDWQ Central Office Additional
information regarding the Clean Water Act certification may be reviewed at the NCDWQ
Central Office Transportation Permitting Unit Archdale Building 512 N Salisbury
Street Raleigh North Carolina 27604 All persons desiring to make comments regarding
the application for certification under Section 401 of the Clean Water Act should do so in
writing delivered to the North Carolina Division of Water Quality ( NCDWQ) 1650 Mail
Service Center Raleigh North Carolina 27699 1650 Attention Mr Brian Wrenn by
February 15 2012
The applicant has not provided to the Corps a certification statement that his/her
proposed activity complies with and will be conducted in a manner that is consistent with
the approved North Carolina Coastal Zone Management Program Pursuant to 33 CFR
325 2(b)(2) the Corps can not issue a permit for the proposed work until the applicant
submits such a certification to the Corps and the North Carolina Division of Coastal
Management ( NCDCM) and the NCDCM notifies the Corps that it concurs with the
applicant s consistency certification
Essential Fish Habitat
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson Stevens Fishery Conservation and Management Act The Corps initial
determination is that the proposed project will not adversely impact EFH or associated
fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils
or the National Marine Fisheries Service
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic
Places and has determined that registered properties or properties listed as being eligible
for inclusion therein are located within the project area and /or will be affected by the
proposed work Three properties were identified and determined eligible within the
proposed study area However the project as proposed will not result in an effect upon
these eligible properties A detailed archaeological data recovery will be conducted by
NCDOT on Site 31 HF268 prior to any construction activities taking place within the site

Endangered Species
The Corps has reviewed the project area examined all information provided by the
applicant and consulted the latest North Carolina Natural Heritage Database Based on
available information the Corps is not aware of the presence of species listed as
threatened or endangered or their critical habitat formally designated pursuant to the
Endangered Species Act of 1973 (ESA) within the project area A final determination on
the effects of the proposed project will be made upon additional review of the project and
completion of any necessary biological assessment and /or consultation with the U S Fish
and Wildlife Service and /or National Marine Fisheries Service NCDOT will conduct a
new survey for the Red cockaded woodpecker along the preferred alternative project area
and coordinate with the U S Fish and Wildlife Service and the Corps of Engineers
regarding the Biological Conclusion
Evaluation
c
The decision whether to issue a permit will be based on an evaluation of the probable
impacts including cumulative impacts of the proposed activity on the public interest
That decision will reflect the national concern for both protection and utilization of
important resources The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments All factors
which may be relevant to the proposal will be considered including the cumulative effects
thereof among those are conservation economics aesthetics general environmental
concerns wetlands historic properties fish and wildlife values flood hazards flood plain
values (in accordance with Executive Order 11988) land use navigation shoreline
erosion and accretion recreation water supply and conservation water quality energy
needs safety food and fiber production mineral needs considerations of property
ownership and in general the needs and welfare of the people For activities involving
the discharge of dredged or fill materials in waters of the United States the evaluation of
the impact of the activity on the public interest will include application of the
Environmental Protection Agency s 404(b)(1) guidelines
Commenting Information
The Corps of Engineers is soliciting comments from the public Federal State and local
agencies and officials including any consolidate State Viewpoint or written position of
the Governor Indian Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity Any comments received will be considered by the
Corps of Engineers to determine whether to issue modify condition or deny a permit for
this proposal To make this decision comments are used to assess impacts on endangered
species, historic properties, water quality general environmental effects and the other
public interest factors listed above Comments are used in the preparation of an
Environmental Assessment (EA) and /or an Environmental Impact Statement (EIS)
pursuant to the National Environmental Policy Act (NEPA) Comments are also used to
determine the need for a public hearing and to determine the overall public interest of the
proposed activity

Any person may request in writing within the comment period specified in this notice
that a public hearing be held to consider the application Requests for public hearings
shall state with particularity the reasons for holding a public hearing Requests for a
public hearing shall be granted unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing
Written comments pertinent to the proposed work as outlined above will be received
by the Corps of Engineers Wilmington District until 5pm January 17 2012 Comments
should be submitted to Mr Bill Biddlecome US Army Corps of Engineers Washington
Regulatory Field Office Post Office Box 1000 Wilmington 27889 1000

U S ARMY CORPS OF ENGINEERS
OMB APPROVAL NO 0710-0003
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT
EXPIRES 31 AUGUST 2012
1
cFx JIM-
PuW reporting for tins collect on of information is estimated to average 11 hours per response mcludng the time for reviewing Instructions searching
existing data sources gathering and mamta ring the data needed and corplettrg and reviewing the collection of mfarm Pion Send comments regarding
this burden estimale or any other aspect of the collection of Information Including suggestions for reducing this burden to Department of Defense
Washington Headquarters Executive Services and Communications Directorate, Information Managennent Division and to the Office of Management and
Budget Paperwork Reduction Project (0770 -=3) Respondents should be aware that notwithatanduxJ any other provision of law no person shall be
subject to any penalty for failing to complywith a collection of information If It does not display a curnently valid OMB oontrol nuffftr Please DO NOT
RETURN your form to edher of those addresses Completed applications must be submitted to the District Engrmear having jurisdiction over the location of
the proposed admty
PRIVACY ACT STATEMENT
Authorities Rivers and Harbors Ad Section 10 33 USC 403 Clean water Ad, Section 404 33 USC 1344 Marine Protection Research and Sanctuaries
Act Section 103 33 USC 1413 Regulatory Programs of the Corps of Engineers Final Rule 33 CFR 320 -332 Principal Purpose IMomation provided on
this form will be used in evaluating the applicatlon for a permit Routine Uses This information may be shared with the Department of Justice and other
fitaiml stale and local government agencies and the pubic and may be made avallaM as part of a public notice as required by Federal law Submission
of requesW information is voluntary however K 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 andfor instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity An appOcation
that is not completed in full will be returned
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
1 APPLICATION NO
2 FIELD OFFICE CODE
3 DATE RECEIVED
4 DATE APPLICATION COMPLETE
(M MS &FLOW TO BE PILLED BYAPPUCA"
b APPLICANTS NAME
d AUTHORIZED AGENTS NAME AND TITLE (agent is not required)
First Gregory NHddle J Last Thorpe
f=irst Robert Middle S Last Lcpsic
Company North Carolina Department of Transpof bon
Company ARCADIS G &M of NC Inc
E-mail Address gthorpe@ncdot gov,
E malt Address robM1epsic @arcadis us com
6 APPLICANTS ADDRESS
9 AGENTS ADDRESS
Address 1598 Mml Service Center
Address 801 Corporate Center Drive Suite 300
City Raleigh State NC Zip 27699 Country US
City Raleigh State NC Zip 27607 Country US
7 APPLICANTS PHONE NOs WAREA CODE
10 AGENTS PHONE NOs w1AREA CODE
a Residence b Business c. Fax
a Residence b Business c Fax
919 -707 6000
1 919 S54 -9812 919 854 -5448
STATEMENT OF AUTHORIZATION
I f I hereby outhome to ad In rry behalf as my agent in the processing of this appilcation and to furnish upon request
supplemental information In support of this perrntt applicad
OF APPLICANT DATE
TNAVJRE t
1Z 13- 11
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12 PROJECT NAME OR TITLE (see instructions)
US 158 Widening from Murfreesboro to US 13 west of Winton
13 NAME OF WATERBODY IF KNOWN (tf applicable)
14 PROJECT STREET ADDRESS (If applicable)
See Attached
Address
16 LOCATION OF PROJECT
Latffude N 036 24 2109 Longitude w 076 59 35 56
City State Zip
1& OTHER LOCATION DESCRIPTIONS IF KNOWN (see instructions)
State Tax Paroel ID Municipality
Section Township Range
ENO FORM 4M OCT 2010 EDITION OF OCT 2004 15 OBSOLETE noWrom CECW OR

17 DIRECTIONS 70 THE SITE
See Attached
18 Nature of Activity (Description of project include all features)
See Attached
19 Project Purpose (Describe the reason or purpose of the project see instructions)
See Attached
USE BLOCKS 20 231F DREDGED AND /OR FILL MATERIAL IS TO BE DISCHARGED
20 Reason(s) for Discharge
See Attached
21 Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
Type Type Type
Amount in Cubic Yards Amount in Cubic Yards Amount in Cubic Yards
22 Surface Area in Acres of Wetlands or Other Waters Filled (see instructions)
Acres 2 96
or
Linear Feet 1 832
23 Description of Avoidance Minimization and Compensation (see instructions)
See Attached
ENG FORM 4345 OCT 2010

24 is Any Porbon of the Work Already Complete? []yes 2JMo IF YES DESCRIBE THE COMPLETED WORK
25 Addresses of Adjoining Property Owners Lessees Etc Whose Property Adjoins the Waterbody t love man an be anuraa ripv pie w wain umo mmw rmq
a Address See Attached
City State Zip
b Address -
City State Zip
c Address
oty State Zip
d Address,
city State Zip
e Address -
City State Zip
26 List of Other Certificates or ApprovalaMeruais received from other Federal State or Local Agencies for Work Described In This Application
AGENCY TYPE APPROVAL IDENTIFICATION DATE APPLIED DATE APPROVED DATE DENIED
NUMBER
Six Attached
Would include but Is not resWed to zoning building and flood plain permits
27 Application is hereby made for permit or permits to author Yle the work described in this application I certify that this information In this application is
complete and accurate I further carbfy that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the
applicant
per, ,�o(L fa orQ 102 o!( —�`
I GNATURE OF APPLICANT' DATE SIG RE OF AGENT D� ATE
The Apphcabon must be signed by the person who desires to undertake the proposed activity (applicant) or It may be signed by a duty
authorized agent tithe statement 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 fad 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 fictfious or
fraudulent statements or entry shall be fined not more than $10 000 or Imprisoned not mone than five years or both
ENG FORM 4345, OCT 2010

PARCEL NO
PROPERTY OWNERS
NAMES AND ADDRESSES
NAMES ADDRESSES
404 MAPLE ST MURFREESBORO NC 27855
74
JESSE E VAUGHAN
105 COLLIN RD MURFREESBORO NC 27855
72
FENTON BLOUNT FERGUSON EST
609 CHOWAN ST MURFREESBORO NC 27855
77
ANN V WEATHERSBEE
915 US 158 WEST MURFREESBORO NC 27855
81
ROBERT B HARRELL
507 SPRING AVE MURFREESBORO NC 27855
82
SELMA V MAJETTE
816 US 158 WEST AHOSKI NC 27910
88
TILMAN VAN HAND Jr
815 US 158 W AHOSKIE NC 27910
83
TALL COTTON STABLES INC
RT 1 BOX 3838 MURFREESBORO NC 27855
89
E R EVANS 8 SONS INC
434 E WOODROW SCHOOL RD MURFREESBORO NC 27855
90
JOHN C JONES
PO BOX 368 AHOSKIE NC 27910
95
CARNEY GATLING
35 PRINCESS AVE MARLTIN NJ 8053
96
LEONE & VERNON STEPHENSON
31 SPRUCE ST BRIDGETON NJ 8302
105
TOWN OF WINTON
PO BOX 134 WINTON NC 27986
117
CHERRY F GODWiN
407 US 158 WEST AHOSKIE NC 27910
119
DARRELL T BRACY
432 US 158 W AHOSIKE NC 27910
120
WACKENHUT CORRECTIONS CORP
621 N W 53RD ST SUITE 700 BOCA RATON FL 33487
121
ALBERT T BEVERLY
311 US 158 WEST WINTON NC 27986
HERTFORD COUNTY
PROJECT R 2583
US 158 WIDENING FROM
MURFREESBORO BYPASS
TO US 13 WEST OF WINTON
SHEET OF 10/3/11
4
JOSEPH E DIXON
404 MAPLE ST MURFREESBORO NC 27855
74
JESSE E VAUGHAN
105 COLLIN RD MURFREESBORO NC 27855
72
FENTON BLOUNT FERGUSON EST
609 CHOWAN ST MURFREESBORO NC 27855
77
ANN V WEATHERSBEE
915 US 158 WEST MURFREESBORO NC 27855
81
ROBERT B HARRELL
507 SPRING AVE MURFREESBORO NC 27855
82
SELMA V MAJETTE
816 US 158 WEST AHOSKI NC 27910
88
TILMAN VAN HAND Jr
815 US 158 W AHOSKIE NC 27910
83
TALL COTTON STABLES INC
RT 1 BOX 3838 MURFREESBORO NC 27855
89
E R EVANS 8 SONS INC
434 E WOODROW SCHOOL RD MURFREESBORO NC 27855
90
JOHN C JONES
PO BOX 368 AHOSKIE NC 27910
95
CARNEY GATLING
35 PRINCESS AVE MARLTIN NJ 8053
96
LEONE & VERNON STEPHENSON
31 SPRUCE ST BRIDGETON NJ 8302
105
TOWN OF WINTON
PO BOX 134 WINTON NC 27986
117
CHERRY F GODWiN
407 US 158 WEST AHOSKIE NC 27910
119
DARRELL T BRACY
432 US 158 W AHOSIKE NC 27910
120
WACKENHUT CORRECTIONS CORP
621 N W 53RD ST SUITE 700 BOCA RATON FL 33487
121
ALBERT T BEVERLY
311 US 158 WEST WINTON NC 27986

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o tem
a eme#
PROGRAM
February 15 2011
Mr Gregory J Thorpe PhD
Manager Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh North Carolina 27699 1548
Dear Dr Thorpe
Subject EEP Mitigation Acceptance Letter
R 2583 US 158 from the Murfreesboro Bypass to US 13 West of Winton Hertford
County
The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will provide the
compensatory stream riparian and non riparian wetland mitigation for the subject project Based on the mformation
supplied by you on February 2 2011 the impacts are located in CU 03010204 of the Chowan River Basin in the
Northern Outer Coastal Plain (NOCP) Eco Region and are as follows
Chowan
Stream
Wetlands
Buffer (Sq Ft )
03010204
Non
Coastal
NOCP
Cold
Cool
Warm
Riparian
Riparian
Marsh
Zone 1
Zone 2
Impacts
0
0
1 890
140
480
0
0
0
feet/acres)
_
Mitigation Units
0
0
3 780
280
960
0
0
0
(Credits up to 2 1)
EEP commits to implementing sufficient compensatory stream riparian wetland and non riparian wetland
mitigation credits to offset the impacts associated with this project in accordance with the N C Department of
Environment and Natural Resources Ecosystem Enhancement Program In Lieu Fee Instrument dated July 28 2010
If the above referenced impact amounts are revised then this mitigation acceptance letter will no longer be valid and
a new mitigation acceptance letter will be required from EEP
1929
If you have any questions or need additional information please contact Ms Beth Harmon at 919 715
Since ly
Willi Gilmore P E
EEP Director
cc Mr Bill BFddlecome USACE — Washington Regulatory Field Office
Mr Brian Wrenn Division of Water Quality Wetlands/401 Unit
File R 2583
kstorurJ ProtPCtWg Otis Stag
MWAA
IRE R
North Carolina Ecosystem Enhancement Program 1652 Mad Service Center Raleigh NC 27699 1652 / 919 715 0476 / www nceep net

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