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HomeMy WebLinkAbout20011102 Ver 1_Public Notice_20120301The Wilmington District Corps of Engineers (Corps) has received an application from the North Carolina Department of Transportation (NCDOT) regarding a potential future requirement for Department of the Army (DA) authorization to discharge dredged or fill material into waters of the United States associated with construction of a bypass on new location on the southwest side of Havelock and U S 70 The proposed bypass begins near US 70 and Hickman Hill Loop Road (SRI 760) north of the Havelock city limits and extends southeast of the intersection of US 70 and McCotter Boulevard (SRI 824) near the Craven Carteret County line Specific alignment alternatives 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 httR///www saw usace army mil/Wetlands/Notices /Current notices html Applicant North Carolina Department of Transportation (NCDOT) Project Development and Environmental Analysis Branch Attn Dr Gregory J Thorpe Manager 1548 Mail Service Center Raleigh NC 27699 1548 Authority The Corps will evaluate this application to compare alternatives that have been carried forward for detailed study pursuant to applicable procedures of Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act (33 U S C 1344) In order to more fully integrate Section 10 and Section 404 permit requirements with the National Environmental Policy Act of 1969 and to give careful consideration to our required public interest review and 404(b)(1) compliance determination the Corps is soliciting public comment on the merits of this proposal and on the alternatives evaluated in the Federal Highway Administration (FHWA) Draft Environmental Impact Statement (DEIS) of September 26 2011 At the close of this comment period the District Commander will evaluate and consider the comments received as well as the expected adverse and beneficial effects of the proposed road construction to select the least environmentally damaging practicable alternative (LEDPA) The District Commander is not authorizini; construction of the proposed project at this time A final DA permit may be issued only after our review process is complete impacts to the aquatic environment have been minimized to the maximum extent practicable and a compensatory mitigation plan for unavoidable impacts has been approved Location The proposed bypass begins near US 70 and Hickman Hill Loop Road (SR1760) north of the Havelock city limits and extends southeast of the intersection of US 70 and McCotter Boulevard (SRI 824) near the Craven Carteret County line (see Exhibit 1) The proposed project area is located south of and parallel to the existing US 70 highway corridor from northwest of the city of Havelock running approximately 10 miles to the southeast near the Craven Carteret County line The project area includes areas of the Croatan National Forest No portion of the project area is located within the Marine Corps Air Station Cherry Point (MCAS) boundaries The midpoint of the project is located at Latitude 34 879955 N Longitude 76 939166 W Existing Site Conditions The project area is located in the central portion of the Coastal Plain region of North Carolina and is predominately characterized by areas of pine flatwoods and nonriverine swamps Elevations average between 30 feet above mean sea level (MSL) in uplands to approximately 5 feet MSL in marshes and floodplains along streams Existing land uses in the project area are primarily a combination of residential light industrial and retail along the existing US 70 corridor adjacent to the City of Havelock and MCAS Cherry Point Parts of the project area pass through portions of the Croatan National Forest located to the south and west of the City of Havelock Water resources within the project area are part of the Neuse River Basin (Hydrologic Unit 03020204) Named streams within the project area include East Prong Slocum Creek Southwest Prong Slocum Creek Black Swamp and Tucker Creek Aquatic communities identified in the project area include a total of 25 streams and unnamed tributaries considered to be jurisdictional surface waters as well as 91 jurisdictional wetlands Applicant's Stated Purpose The applicants stated purpose for the proposed project is to improve the traffic operations for regional and statewide traffic along the US 70 corridors and to enhance the ability of US 70 to serve the regional transportation function in accordance with the Strategic Highway Corridors Plan Project Description The project is identified as NCDOT TIP # R 1015 and the following description of work is taken from data provided by the applicant NCDOT proposes to construct a bypass of US 70 in Havelock Craven County from approximately one mile west of the existing US 70 /SR 1760 (Hickman Hill Loop Road) intersection to southeast of the US 70 /SR 1824 (McCotter Boulevard) intersection The bypass is proposed to the west of existing US 70 The proposed US 70 Bypass is approximately 9 9 to 10 9 miles in length (depending upon alternative) The bypass is proposed as a four lane median divided full control of access facility on new location The proposed right of way is a minimum 250 feet for all Build Alternatives The proposed facility has a design speed of 70 miles per hour (see Exhibit 2) Detailed Study Alternatives Four alternatives have been evaluated in detail by the applicant and are named as follows Detailed Study Alternatives 1 2 and 3 plus the No Build Alternative (see Exhibits 3a 3d) 2 Detailed Study Alternatives 1 2 and 3 are each new location corridors providing a controlled access four lane divided freeway Along each of the alternatives bridges are proposed to cross over the Southwest Prong of Slocum Creek and the East Prong of Slocum Creek A reinforced concrete box culvert is proposed at the crossing of a tributary of Tucker Creek The Detailed Study Alternatives are described below Detailed Study Alternative 1 shares a common corridor with Alternatives 2 and 3 at both ends of the project At the southeastern terminus of the project all alternatives interchange with existing US 70 southeast of SR 1824 (McCotter Boulevard) This location allows the bypass to extend beyond the developed areas of Havelock and to shadow an existing cleared power transmission line easement near existing US 70 It also avoids a large natural wetland area in the Croatan National Forest to the south At the northwestern terminus of the project the alternatives interchange with existing US 70 dust west of SR 1760 (Hickman Hill Loop Road) This location allows this end of the bypass to extend beyond the developed areas of Havelock with sufficient distance between the proposed interchange with existing US 70 and the North Carolina Railroad so the bypass can be elevated to cross over the railroad The proposed bypass crosses the upper reaches of Tucker Creek approximately 4 400 feet south of the North Carolina Railroad Here the common corridor shared by Alternatives 1 2 and 3 turns east and continues approximately 6 000 feet to a Croatan National Forest (CNF) access road At the CNF access road Alternative 1 turns to the southwest Alternative 1 continues southward along the western side of the CNF access road approximately 7 500 feet before turning southeast and crossing the Southwest Prong of Slocum Creek approximately 1 400 feet south of the southern end of SR 1791 (Pulley Road) After crossing the Southwest Prong of Slocum Creek Alternative 1 continues approximately 5 000 feet southeastward to the interchange with SR 1756 (Lake Road) Alternative 1 includes a proposed interchange with SR 1756 (Lake Road) which is located approximately 5 900 feet southwest of the Lake Road grade crossing of the North Carolina Railroad From the proposed Lake Road interchange Alternative 1 continues southeastward over a grade separation at the Camp Lejeune Railroad and along the south side of a cleared power transmission line easement before crossing over the East Prong of Slocum Creek Approximately 3 000 feet east of the East Prong of Slocum Creek Alternative 1 turns further eastward to cross over the North Carolina Railroad and the power transmission line easement Detailed Study Alternative 2 shares common alignment at the north end with Alternatives 1 and 3 Heading south Alternative 2 departs to its individual alignment near the CNF access road and continues southeastward approximately 8 600 feet before crossing SR 1747 (Sunset Drive) at a proposed grade separation Alternative 2 continues approximately 2 100 feet southeastward crossing the Southwest Prong of Slocum Creek before crossing SR 1746 (Gray Road) at another proposed grade separation Approximately 2 000 feet southeast of Gray Road Alternative 2 crosses SR 1756 (Lake Road) at a proposed interchange The proposed Alternative 2 interchange at Lake Road is located approximately 2 000 feet southwest of the Lake Road grade crossing of the North Carolina Railroad After crossing SR 1756 (Lake Road) Alternative 2 parallels the southern side of a cleared power transmission line easement for approximately 7 000 feet before crossing the East Prong of Slocum Creek East of the creek crossing Alternative 2 rejoins Alternatives 1 and 3 to continue southeastward to existing US 70 Detailed Study Alternative 3 turns southwest from Alternative 2 approximately 2 600 feet southeast of the CNF access road crossing Alternative 3 continues along the eastern side of a cleared power transmission line easement to a grade separation at SR 1747 (Sunset Drive) 3 Approximately 740 feet southeast of SR 1747 the corridor crosses over the Southwest Prong of Slocum Creek Approximately 3 000 feet past the crossing of the Southwest Prong of Slocum Creek Alternative 3 turns back to the southeast before rejoining Alternative 1 at the interchange with SR 1756 (Lake Road) No Build Alternative Several intersections along existing US 70 through Havelock currently operate at an undesirable level of service The No Build Alternative would allow traffic congestion to increase leading to a greater breakdown of traffic service along this section of US 70 In addition the goals of the project which include improving the level of service for local regional and statewide traffic along the US 70 corridor and enhancing the ability of US 70 to serve the regional transportation function in accordance with the Strategic Highway Corridors Plan would not be realized A No Build Alternative is not consistent with adopted local regional and State transportation plans Cost Estimates and Schedule Preliminary cost estimates for the Detailed Study Alternatives are presented in Table 1 below Table 1 Preliminary Cost Estimates The project is scheduled for right of way to begin in fiscal year 2013 and construction to begin in fiscal year 2015 Waters of the United States The three project study corridors contain 25 streams and unnamed tributaries considered to be jurisdictional surface waters under Section 404 of the Clean Water Act The majority of streams delineated in the field are subject to Neuse River Basin Buffer Rules Based on field investigations the project study corridors also contain 91 jurisdictional wetlands Tables 2 and 3 summarize areas of jurisdictional streams and wetlands located within each of the three bypass alternatives The impacts are based on the 1 000 foot study corridor width for each alternative Areas for National Forest System lands are presented separately Because the impacts shown correspond to corridor widths actual impacts once final design is completed should be considerably less El Study Corridor � ;Alt 3 Length (miles) 1085 991 1031 Construction $156 400 000 $138 800,000 $149 600 000 Utility Relocation $1 600 000 $2 800 000 $2 800 000 Right of Way $9 800 000 $29 000 000 $1060000 Total $167,800,000 $170,600,000 $163,000,000 The project is scheduled for right of way to begin in fiscal year 2013 and construction to begin in fiscal year 2015 Waters of the United States The three project study corridors contain 25 streams and unnamed tributaries considered to be jurisdictional surface waters under Section 404 of the Clean Water Act The majority of streams delineated in the field are subject to Neuse River Basin Buffer Rules Based on field investigations the project study corridors also contain 91 jurisdictional wetlands Tables 2 and 3 summarize areas of jurisdictional streams and wetlands located within each of the three bypass alternatives The impacts are based on the 1 000 foot study corridor width for each alternative Areas for National Forest System lands are presented separately Because the impacts shown correspond to corridor widths actual impacts once final design is completed should be considerably less El Table 2 Jurisdictional Impacts (Total within Project Study Area) Table 3 Jurisdictional Impacts (National Forest System Lands only) Streams In comparing potential stream impacts for the Detailed Study Alternative corridors (1 000 foot width) Alternative 1 has an estimated 12 764 linear feet of estimated potential stream impacts Alternative 2 has an estimated 16 822 linear feet of estimated potential stream impacts and Alternative 3 has an estimated 10 271 linear feet of estimated potential stream impacts On NFS lands the Alternative 1 corridor has potential stream impacts of 5 906 linear feet Alternative 2 has potential stream impacts of 10 897 linear feet and Alternative 3 has potential stream impacts of 5 714 linear feet Wetlands Table 2 indicates potential wetland impacts for the Detailed Study Alternative corridors (1 000 foot width) In comparing potential impacts for the study corridor of each alternative Alternative 1 has 633 9 acres of potential wetland impact Alternative 2 has 473 5 acres of potential wetland G 3 J,ursdtetronal X Stu4ptorrlr" A viw,yAreas A lt 1 Alt 2 Roil- ��ilt 33 , Wetlands (acres) 463 3 ac 396 1 ac 507 1 ac Streams 0 8 ac 1 3 ac 0 7 ac (in acres) Streams (linear feet) 5 9061f 10 8971f 5 714 if Streams In comparing potential stream impacts for the Detailed Study Alternative corridors (1 000 foot width) Alternative 1 has an estimated 12 764 linear feet of estimated potential stream impacts Alternative 2 has an estimated 16 822 linear feet of estimated potential stream impacts and Alternative 3 has an estimated 10 271 linear feet of estimated potential stream impacts On NFS lands the Alternative 1 corridor has potential stream impacts of 5 906 linear feet Alternative 2 has potential stream impacts of 10 897 linear feet and Alternative 3 has potential stream impacts of 5 714 linear feet Wetlands Table 2 indicates potential wetland impacts for the Detailed Study Alternative corridors (1 000 foot width) In comparing potential impacts for the study corridor of each alternative Alternative 1 has 633 9 acres of potential wetland impact Alternative 2 has 473 5 acres of potential wetland G impact and Alternative 3 has 613 7 acres of potential wetland impact On NFS lands Alternative 1 has 463 3 acres of potential wetland impacts Alternative 2 has 396 1 acres of potential wetland impacts and Alternative 3 has 507 1 acres of potential wetland impacts Floodplams Encroachment on the 100 year floodplains of Tucker Creek the Southwest Prong of Slocum Creek and the East Prong of Slocum Creek is required by each of the proposed bypass alternatives Table 4 indicates the approximate area of 100 year floodplain encroachment at each crossing based on a preliminary design right of way width The table also indicates the reduction to anticipated floodplain impacts due to the bridges proposed at the Southwest Prong of Slocum Creek and the East Prong of Slocum Creek Table 4 (Right of Way Width) Estimated 100 Year Floodplain Encroachments (Acres) Alt Tucker Cr ACross><n VHSCI Prong ossi n E Prong Crossm -F � , � ftT Less Br> ges� Rol' k, To l 1 12 (0 5)* 4 8 (3 9)* 4 1 (3 3)* 88 1 3 2 12 (0 5)* 32(32 )* 45(17)* 75 14 3 1 12 (0 5)* 1 5 0 (5 0)* 4 1 (3 3)* 86 16 * (Acres within Croatan National Forest) The NCDOT Hydraulics Unit will coordinate with the N C Floodplam Mapping Program (FMP) to determine the status of the project with regard to applicability of NCDOT s Memorandum of Agreement or approval of a Conditional Letter of Map Revision (CLOMR) and subsequent final Letter of Map Revision (LOMB) 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 potential of the Havelock Bypass to impact cultural resources was evaluated in accordance with Section 106 of the National Historic Preservation Act of 1966 as amended Potential effects were determined using Criteria for Effect and Adverse Effect (36 CFR 800 9) developed by the Advisory Council on Historic preservation Historic Architecture Resources The State Historic Preservation Office has concurred in a letter dated August 31 1994 that the Needham B White House is the only property in the project study area listed in or eligible for listing in the National Register of Historic Places This property located along existing US 70 in Havelock is not within the Area of Potential Effect (APE) of any of the bypass alternatives 0 On December 5 2006 the NCDOT the Federal Highway Administration (FHWA) and the SHPO met for a consultation concerning the project bypass alternatives There were no properties over fifty years old within the Area of Potential Effect (APE) considered eligible for the National Register Furthermore there are no properties within the APE which are considered to have achieved historic significance within the past 50 years Archaeological Resources The archaeological background study and field reconnaissance of the bypass alternatives entitled Archaeological Background Report US 70 Havelock Bypass Craven County North Carolina (Greg C Smith 1997) indicates there were no known archaeological sites in the vicinity of the bypass alternatives listed in or eligible for listing in the National Register of Historic Places (NRHP) The study indicated seven previously recorded archaeological sites within Alternatives 1 2 and 3 Two of these sites (31 CV 164* * and 31 CV 170* *) located on National Forest System lands at the edge of Alternative 3 (the Preferred Alternative) were recommended for further testing to determine if they are eligible for listing In 1999 an intensive terrestrial archaeological survey of the high probability soil within the Alternative 3 (the Preferred Alternative) Area of Potential Effect (APE = 327 acres) was conducted (Smith et al 2000) The two previously recorded archaeological sites (Sites 31 CV 164 ** and 31CV170 * *) recommended for further testing were found and evaluated during the course of the intensive survey Site 31CV164 ** was investigated and recommended as not eligible for the NRHP Site 31CV170 ** was not fully assessed because its location was considered outside the project limits however it was recommended as eligible for the NRHP per Criterion A according to its archaeological site form on file at the Office of State Archaeology As a result of the terrestrial survey 15 previously unrecorded archaeological sites were discovered Subsurface testing demonstrated that 14 of the sites do not exhibit characteristics that would make them eligible for listing in the NRHP However Site 31CV302 (located on National Forest System lands) was found to contain intact subsurface deposits that have the potential to contribute new information regarding regional prehistory therefore Site 31CV302 is recommended as eligible for the NRHP per Criterion D Ina letter dated December 22 2004 the SHPO concurred with these findings Based on current design plans Site 31CV170 ** and Site 31CV302 will be avoided however if design plans change and avoidance is not possible then mitigation efforts will be conducted prior to construction activities If data recovery investigations are needed at least nine months will be needed for these investigations prior to construction Two cemeteries (Rowe Family Cemetery [31CV300 * *] and Wynne Family Cemetery [31CV301 * *] neither located on National Forest System lands) have been recorded within the project vicinity Based on current design plans neither cemetery is located within the Area of Potential Effect therefore there will be no impacts to either cemetery However if design plans change prior to construction and avoidance is no longer possible then relocation in accordance with existing State statutes is appropriate 7 Endangered Species Federal Threatened and Endangered species with the federal classification of Endangered (E) Threatened (T) or officially Proposed (P) for such listing are protected under Section 7 of the Endangered Species Act of 1973 as amended (16 U S C 1531 1543) The following table shows federal protected species that are listed for the project study area for Craven County as of September 22 2010 and Carteret County as of March 21 2011 (USFWS list) Species are listed with their status and biological conclusion Federally Protected Species in Craven and Carteret Counties (USFWS County List Updates Craven — 22 September 2010 Carteret — 21 March 2011) Common Name ScientifiName 1'lei, , A Federal 5tatus� County b Present s Biological Conclusion Shortnose sturgeon Act enser brevirostrum E Ca No Effect American alligator Alligator mississi iensts T(S /A) Cr Ca Not Required Loggerhead sea turtle Caretta caretta T Ca No Effect Green sea turtle Chelonia mydas T Ca No Effect Leatherback sea turtle Dermochel s coriacea E Cr Ca No Effect Hawksbill sea turtle Eretmochel s imbricata E Ca No Effect Kemp s ridley sea turtle Le idochel s kem u E Ca No Effect Piping plover Charadrius melodus T Ca No Effect Red cockaded woodpecker Picoides borealis E Cr Ca Unresolved Roseate tern Sterna dou allu dou allu T Ca No Effect West Indian manatee Trichechus manatus E Cr Ca No Effect Sensitivejomtvetch nomene vtr ica Aeschy m T Cr No Effect Seabeach amaranth Amaranthus pumdus T Ca No Effect Rough leaved loosestrife Lysimachia asperulaefolia E Cr Ca Not Likely to Adversely Affect E Endangered T Threatened T(S /A) Threatened due to Similarity of Appearance " Cr Craven County Ca Carteret County Surveys for federally listed species will be updated as needed as the project progresses A biological conclusion for red cockaded woodpeckers will be rendered once a preferred alternative has been selected Proposed Endangered Threatened and Sensitive (PETS) Species In addition to plant and animal species receiving protection under the Endangered Species Act the U S Forest Service (USFS) maintains their own list of Proposed Endangered Threatened and Sensitive (PETS) species for the Croatan National Forest (CNF) and considers these species when determining impacts to National Forest System (NFS) lands Since all of the study alternatives cross NFS lands a special use permit from the USFS will be required to provide the lands for the proposed project Prior to approving a special use permit for the project the USFS requires that the project study area be evaluated for PETS species Surveys for PETS will be updated as the project progresses )An update of the PETS species analysis was conducted to address the latest (October 2010) USFS PETS species list Results of the analysis included dropping 28 PETS plant species and 57 PETS animal species from consideration because no suitable habitat (sandhills marl outcrops ocean beach tidal swamps and marshes maritime forest etc ) is present within or in close proximity to any of the study alternatives No documented occurrences of these species are present within or in close proximity to any of the study alternatives The following tables list the 70 PETS plant species and the 34 PETS animal species that have documented occurrences or for which potential habitat are present in at least one of the alternatives These tables also list if potential direct and /or indirect impacts are anticipated PETS Plant Species for which Potential Habitat is Present Common Name y ca v ° d d .a Z —` w w Z w tC d 2 U V) v c Potential Effects Documented on NFS Lands within Project Alternative n Documented on NFS Lands between Project Alternative m US 70 n M a U Ca a n E _ E c > aEi > ayEi > aEi > arEi > ayEi d > ayEi Q Rough leaved loosestnfe E Yes No No No No No No No No Many flower grass pink S Yes No No No No No No No No Savanna campylopus S No No No No No No No No No Small spreading pogoma S Yes Yes Yes Yes Yes Yes Yes Yes Yes Venus flytrap S Yes No No No No No No No No Hall s pocket moss S Yes No No No No I No No No No Pondspice S Yes No No No No No No No No Boykin s lobeha S No No No No No No No No No Raven s seedbox S Yes No No No No No No No No Loomis s loosestnfe S Yes Yes Yes Yes Yes Yes Yes Yes Yes Birds in a nest (Carolina bogmmt) S No No No No No No No No No Narrowleafcowlily S No No No No No No No No No Piedmont cowbane S Yes No No No Yes Yes I Yes No I Yes Carolina grass of parnassus S No No No No No No No No No Pmeland plantain S No No No No No No No No No Yellow fringeless orchid S Yes No Yes No Yes Yes Yes Yes Yes Hooker s milkwort S Yes No No No Yes Yes Yes No Yes Short bristled beaksedge S Yes Yes Yes Yes Yes Yes Yes Yes Yes Southern white beaksedge S Yes No No No No No No No No Thorne s beaksedge S No No No No No No No No No Grassleafarrowhead S No No No No No No No No No Carolina goldenrod S Yes No No No Yes Yes Yes No Yes Spring flowering goldenrod S Yes Yes Yes Yes Yes Yes Yes Yes Yes Fitzgerald s peatmoss S Yes Yes Yes Yes No No No Yes No Florida peatmoss S Yes Yes Yes Yes Yes Yes Yes Yes Yes Giant spiral orchid S Yes No No No No No No No No Piedmont meadowrue S I Yes No No No No No No No No Carolina asphodel S No No No No No No No No No Branched gerardia LR Yes No No No No No No No No Tall bentgrass LR Yes No No No No No No No No Bog bluestem LR Yes No No No Yes Yes Yes No Yes Chapman s three awn LR No No No No No No No No No Savanna milkweed LR No No No No No No No No No Stalked milkweed LR Yes No No No No No No No No White Doll s lily LR No No No No No No No No No 0 Common Name Y 6�L V) ro v a Z w w Z E 2 d T N C U 7 d S O Potential Effects Documented on NFS Lands within Project Alternative n Documented on NFS Lands between Project Alternative and Existing US 70 n n 8 Q N U is N > N > N > N > E > E > N Widow sedge LR Yes No No No No No No No No Emmon s sedge LR Yes No No No No No No No No Hop like sedge LR Yes No No No No No No No No Leconte s thistle LR Yes Yes Yes Yes Yes Yes Yes Yes Yes Spring coral root LR No No No No No No No No No Beadle s coreopsis LR No No No No No No No No No Carolina sunrose LR Yes No No No No No No No No Fernald s tick trefoil LR Yes No No No No No No No No Hidden flowered witch grass LR Yes No No No No No No No No Eaton s witch grass LR Yes No No No Yes No Yes No Yes Comfortroot LR Yes No No No No No No No No Catchfly cutgrass LR No No No No No No No No No Le/eunea bermudiana (a liverwort) LR Yes Yes Yes Yes Yes Yes Yes Yes Yes Florida adder s mouth LR Yes No No No Yes Yes Yes No Yes Shortleaf basket grass LR No No No No No No No No No Mudbank crown grass LR Yes No Yes Yes Yes Yes Yes Yes Yes Spoonflower LR Yes No No No No No No No No Hairy smartweed LIZ Yes No No No No No No No No Small butterwort LR Yes No No No No No No No No Plagiochila ludoviaciana (a liverwort) LR Yes Yes No No No No No Yes No Plagiochila miradorensis var miradorensis (a liverwort LR No No No No No No No No No Snowy orchid LR Yes No No No Yes Yes Yes No Yes Shadow witch LR Yes No Yes No Yes Yes Yes Yes Yes Dwarf live oak LR Yes No No No No No No No No Canby s bulrush LR Yes No No No No No No No No Drooping bulrush LR Yes No No No No No No No No Baldwin s nutrush LR Yes No No No No No No No No One flower hardscale LR No No No No No No No No No Leavenworth s goldenrod LR Yes No No No No No No No No Twisted leaf goldenrod LR No No No No No No No No No Giant peatmoss LR Yes No No No No No No No No Eaton s ladies tresses LR Yes No No No Yes Yes Yes No Yes Dwarf bladderwort LR No No No No No No No No No Florida yellow eyed grass LR Yes I No No No No No No No No A yellow eyed grass LR Yes No No No No No No No No Total Species 9 11 9 161'5 16 12 18 USFS Status E — Endangered LR — Locally Rare S — Sensitive T — Threatened T S/A — Ihreatened due to Similarity of Appearance n Documentation based on data provided by USFS NCNHP and occurrences documented during field surveys 10 PETS Animal Species for which Potential Habitat is Present Common Name V1 o -� z Z w E z 2 C T N S E Potential Effects Documented on NFS ands within Pro Jec Alternative n Documented on NFS ands between Project Alternative and Existing S 70 b Q n 2 C y O > R aYEi > cd � > A � > i6 v > ttl a�i > i0 Mammals afinesque s big eared bat S Yes Yes Yes Yes Yes Yes es Yes Yes Southeastern myotis LR Yes No No No Yes Yes es No Yes Eastern woodrat (coastal plain population) LR No No No No No No No No No Birds Red cockaded woodpecker E IYes Yes Yes Yes Yes Yes Yes Yes es Bald eagle S Yes No No No No No 0 No No Bachman s sparrow LR Yes No Yes Yes Yes No Yes Yes Yes Eastern Henslow s sparrow LR Yes No No No No 0 No No No Black throated green warbler (coastal plain population) LR Yes Yes Yes Yes Yes Yes Yes Yes Yes Black necked stilt LR No No No No No No No No No Reptiles and Amphibians American alligator T S/A Yes No No No No No No No No Mimic glass lizard S Yes No No No No No No No No Carolina gopher frog S Yes No No No No No No No No Eastern diamondback rattlesnake LR Yes No No No No No No No No Southern hognose snake LR Yes Yes lYes Yes lVes Yes Yes IYes Yes Glossy crayfish snake LR Yes No No No No No No 0 No Black swamp snake LR Yes No No No No No No No No Insects rogos skipper S Yes No No No No No No No NO Duke s skipper S No No No No No No No o Venus flytrap cutworm moth S es o 0 0 0 0 o o Carter s noctuid moth S o 0 0 0 0 0 o VNoNo o Little metalmark LR es o es o es es es Yes Cypress daggermoth R o 0 0 0 0 0 o o cronzcta smescrtpta (a dagger moth) R o 0 0 0 0 0 0 grows carohna (a dart moth) LR Yes No No No No No NO 0 No Dusky roadside skipper LR Yes No lNo No Yes Yes Yes No Yes pantensts sp I nr carlotta (a tiger moth) LR lYes No 0 No No No No No JNo lepttna sangamonta (a noctuid moth) LR No No 0 No No No No No No Frosted elfin LR No No 0 No No No No No No Dismal swamp stink bug LR Yes No 0 No No No No No No Berry s skipper LR Yes No No No Yes Yes IYes No Yes Two dotted skipper LR Yes No No No No No No No o Anointed sallow moth LR es No No No No No No ro No Freshwater Fish Mollusks & Crustaceans Graceful clam shrimp LR No No No No No No No 0 No Bridle shiner LR Yes o ro No No 0 No 0 No otal Species 16 5 P 8 9 9 USFS Status E — Endangered LR — Locally Rare S — Sensitive T — Threatened T S/A — threatened due to Similarity of Appearance b Documentation based on data provided by USFS NCNHP and occurrences documented during field surveys Occurrence on NFS lands based on NCNHP record for an unspecified observation in Craven County d Potential direct effects for red cockaded woodpecker only to foraging habitat, no cavity trees affected r 11 Minimization of Effects to Protected Species NCDOT has been working with USFS to minimize effects to federally listed species and PETS species Minimization measures include temporary closure of the bypass to allow for prescribed burns on NFS lands avoiding the use of invasive non native species for erosion control and limiting the use of herbicides where the proposed bypass occurs on NFS lands Compensatory Mitigation The purpose of compensatory mitigation is to replace the lost functions from a project s impacts to Waters of the United States including wetlands The applicant will make all efforts to avoid and minimize impacts to the aquatic environment where possible Appropriate and practicable compensatory mitigation will be required for unavoidable impacts from the proposed Havelock Bypass Avoidance and Minimization The preliminary design of each Detailed Study Alternative was developed to avoid wetland impacts to the maximum extent practicable At locations where wetland impacts are likely the preliminary design of each Detailed Study Alternative was developed to preserve the largest amount of contiguous wetland area Bridges are proposed at the crossings of the Southwest Prong of Slocum Creek and the East Prong of Slocum Creek for all Detailed Study Alternatives Other Avoidance and Minimization Measures Other avoidance and minimization measures will be discussed in detail during design of the Preferred Alternative in consultation with the US Army Corps of Engineers ( USACE) and other members of the interagency Merger Process Team The results of this discussion will be documented in the Final Environmental Impact Statement (FEIS) and as a condition of the Section 404 Individual Permit Compensatory Mitigation The North Carolina Department of Transportation ( NCDOT) has purchased a 4 035 acre tract of land approximately 3 6 miles northwest of Havelock in Craven County for the purpose of developing a mitigation bank for unavoidable impacts to wetlands and other environmental impacts as a result of the proposed US 70 Havelock Bypass and other projects in the vicinity The parcel is known as the Croatan Wetland Mitigation Bank (CWMB) and is contiguous to land currently owned by the National Forest System USACE NCDOT and the U S Forest Service have been planning the development use and management of the CWMB This planning is directed toward conveyance of the CWMB property to the U S Forest Service from NCDOT for inclusion in the Croatan National Forest According to the Memorandum of Understanding between the U S Army Corps of Engineers the State of North Carolina Department of Transportation and the United States Forest Service the long term management of the CWMB will include land uses and practices that are consistent with the mitigation objectives of wetland restoration enhancement and preservation incorporating the restoration of natural vegetation community structure This includes restoring hydrologic function and sustaining aquatic systems restoration enhancement and providing red cockaded 12 woodpecker habitat linkage enhancing black bear habitat providing un fragmented hardwood wetlands for interior neo tropical migratory bird habitat and restoring hardwoods on selected sites The CWMB represents a large in holding of non NFS land within the Croatan National Forest Transfer of the CWMB property would help consolidate NFS land boundaries and would serve to mitigate for fragmentation caused by the proposed bypass Therefore the CWMB will provide project mitigation for jurisdictional wetland impacts and mitigation for the use of and fragmentation of CNF lands Active red cockaded woodpecker (RCW) groups occur on NFS lands nearby so habitat management on appropriate sites within the CWMB may serve to strengthen an RCW dispersal corridor and eventually provide some habitat for foraging and roosting With the cooperation of the USFS NCDOT has developed mitigation plans for wetlands and Proposed Endangered Threatened or Sensitive species The CWMB consists predominantly of interstream flats with a gradual down gradient slope from Long Lake at approximately 38 feet elevation to East Prong Brice Creek at approximately 20 feet elevation Soils mapping and on site investigations indicate that up to 98 percent of the CWMB historically may have been wetland It is anticipated that sufficient mitigation is available in the CWMB to provide compensation for the wetland and stream impacts associated with the proposed Havelock Bypass Evaluation The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the proposed activity on the public interest That decision will reflect the national 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 select the least environmentally damaging practicable alternative (LEDPA) 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 a Corps of Engineers 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 13 _J Written comments pertinent to the proposed work as outlined above will be received by the Corps of Engineers Wilmington District until 5pm March 31 2012 Comments should be submitted to Tom Steffens US Army Corps of Engineers Washington Regulatory Field Office 2407 West 5t' Street Washington North Carolina 27889 14 15