Loading...
HomeMy WebLinkAbout20120285 Ver 1_Public Notice_20120404o� �7 qPR PUBLIC NOTIM'�,%!sq Issue Date April 04 2012 Comment Deadline May 04 2012 Corps Action ID # SAW 2009 00909 TIP No U 3321 The Wilmington District Corps of Engineers (Corps) has received an application from The North Carolina Department of Transportation Turnpike Authority seeking Department of the Army authorization to impact jurisdictional waters of the U S associated with the construction of a 219 mile new location controlled access toll road known as the Gaston East West Connector in Gaston and Mecklenburg Counties North Carolina 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 ww-vv saw usace at my mil /wetlands Applicant Jennifer Harris North Carolina Turnpike Authority 1578 Mail Service Center Raleigh North Carolina 27699 AGENT Ronald Ferrell Atkins North America Inc 1616 East Millbrook Road Suite 310 Raleigh North Carolina 27609 Authority The Corps will evaluate this application and decide whether to issue conditionally issue or deny the proposed work pursuant to applicable procedures of Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act Location The proposed project is located in jurisdictional waters of the U S from I 85 west of Gastonia in Gaston County to 1 485 near the Charlotte Douglas International Airport in Mecklenburg County The total length of the project is 219 miles The U 3321 CB section extends from the eastern endpoint of the project at 1 485 to NC 279 (New South Hope Road) south of the town of Cramerton The remaining sections (U 3321AA U3321B and U 3321 CA) extend west from NC 279 to 185 west of Gastonia North Carolina Existing Site Conditions The proposed project site is located along a 219 mile corridor which runs from Mecklenburg County near the Charlotte Douglas International Airport west across Gaston County south of the towns of Belmont Cramerton Gastonia and Bessemer City in North Carolina The following information is from the Natural Resources Technical Report dated February 2008 prepared by the applicant s consultant The existing topography along this corridor consists of nearly level near stream floodplams to moderately steep and rolling Elevations range from approximately 550 to 900 feet The current land use within the proposed project study area is a mixture of urban suburban and rural Areas located near the outskirts of the towns of Belmont and Gastonia are relatively rural and characterized by low density residential and agricultural areas Areas located within and adjacent to the city limits of both Belmont and Gastonia are characterized by moderate to high density residential or small businesses The proposed project is located within the Catawba River Basin (US Geologic Survey Hydrologic Unit Codes 03050101 Upper Catawba 03050102 South Fork Catawba and 03050103 Lower Catawba) There are several large named streams (and their unnamed tributaries) located within the project study area Beaverdam Creek which occurs in Mecklenburg County the Catawba River /Lake Wylie divides Mecklenburg and Gaston Counties the South Fork Catawba River Catawba Creek Crowders Creek Blackwood Creek Ferguson Branch McGill Branch and Mill Creek all occur in Gaston County All of the aforementioned named streams with the exception of the Catawba River /Lake Wylie and the South Fork Catawba River have a NC DWQ classification of Class C (protected for secondary recreation fishing wildlife fish consumption aquatic life propagation and survival and maintenance of biological integrity and agriculture) The Catawba River is classified as Class WS V (protected for water supply upstream and class C uses) and Class B (protected for all class C uses in addition to primary recreation) The South Fork Catawba is classified as Class WS V Detailed information regarding the NC Division of Water Quality Stream Classifications can be found at the following website http / /.portal ncdent org /web /wq /p5 /csu Terrestrial communities identified within the proposed project study area include the following types Disturbed Community Agricultural Land Clearcut Hardwood Forest Mesic Mixed Hardwood Forest (Piedmont Subtype) Mixed Pine Hardwood Forest Pine Forest Pine Plantation and Successional Community Aquatic communities identified within the proposed project study area range from small intermittent stream channels to large perennial streams farm ponds Lake Wylie and wetlands Wetlands identified include palustrine emergent palustrine forested palustrine shrub scrub and permanently flooded areas with unconsolidated bottoms Applicant's Stated Purpose The purpose and need of the proposed project as stated by the applicant is to improve east west transportation mobility in the area around the City of Gastonia and between Gastonia and the Charlotte metropolitan area and to establish a direct access between the rapidly growing area of southeast Gaston County and western Mecklenburg County 2 Project Description The Gaston East West Connector (U 3321) involves the construction of approximately 219 miles of controlled access highway on new location in Gaston and Mecklenburg Counties in North Carolina Associated service roads (approximately 2 75 miles) are also included with the proposed project Activities associated with the construction of U 3321 include vegetation clearing excavation and fill of wetlands and ponds and culvert installations into streams The proposed project as designed will impact approximately 5 20 acres of wetlands 23 583 linear feet of streams and 2 86 acres of open water (ponds) within the project construction limits An additional 122 acres of wetlands 5 217 linear feet of streams and 0 90 acre of open water (ponds) located within the 25 foot zone on either side of the construction limits may be impacted Impacts to jurisdictional waters of the U S will occur within the Catawba River Basin Hydrologic Cataloging Units 03050101 and 03050102 The applicant proposes to provide compensatory mitigation to impacted streams and wetlands through both payment into the NC EEP in lieu fee program and onsite mitigation located adjacent to the project corridor 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 401 Oversight and Express Permits Unit 512 North Salisbury Street in Raleigh North Carolina 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 May 04 2012 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 Based on meetings held with the State Historic Preservation Office (SHPO) in April and July of 2008 the proposed project will have No Effect on properties identified as listed or eligible for inclusion on the National Register of Historic Places (NRHP) with the exception of two properties The first is the JBF Riddle House which a No Adverse Effect determination was made provided that the shoulder width and ditch slope do not result in taking of property either by fee simple or permanent easement The second property is the Harrison Family Dairy Farm which has a No Adverse Effect determination provided that full access to the property is maintained An intensive archaeological survey was conducted for the preferred alternative which is documented in the Archaeological Survey and Evaluation of Detailed Study Alternative 9 (Recommended Route) For the Proposed Gaston East West Connector (Coastal Carolina Research February 20 10) The Area of Potential Effect (APE) for the Intensive Archaeological Survey included the DSA 9 preliminary design right of way ranging in width from 300 feet on the mainline corridor to over 1 400 feet in some proposed interchange locations In a memorandum dated May 21 2010 the SHPO concurred that no archaeological sites identified within the APE are eligible for NRHP 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 has determined pursuant to the Endangered Species Act of 1973 that the proposed project will have no effect on the following federally listed endangered or threatened species or their formally designated critical habitat Carolina heelsplitter (Lasmigonia decorata) Michaux s sumac (Rhus michauxii) Schweinitz s sunflower (Helianthus schweinitzia) and Smooth coneflower (Echinacea laevigata) Although suitable habitat exists for both the Bald Eagle (Haliaeetus leucocephalus) and the Bog turtle (Clemmys muhlenbergii) within the project study area based on field and aerial surveys no eagle s nests were found within the project study area Field studies were not performed for presence of the bog turtle within the study area It is unknown at this time what potential effects the project may have on the Bald Eagle and Bog turtle 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 4 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 May 04 2012 Comments should be submitted to Ms Liz Hair Asheville Regulatory Field Office 151 Patton Avenue Room 208 Asheville North Carolina 28801 5006 N M N �1 N N O� M U GRAPHIC SCALES DESIGN D T UW �V M O 1 W rr 6 STATE OF NORTH CAROLINA DIVISION OF HIGHWAYS GASTON&MECKLENB URG COUNTIES LOCATION U 3321 GASTON EAST WEST CONNECTOR FROM SOUTH NEW HOPE ROAD TO EAST OF I -485 TYPE OF WORK GRADING PAVING DRAINAGE STRUCTURES CULVERTS NOISE WALL SIGNALS LONG -LIFE PAVEMENT MARKINGS RAISED REFLECTIVE MARKERS AND SIGNING T np k A tho 7ty XNTB PERjtTl,? WINGSS I ery rtA u eH Ft en env PROD LENGTH n ATrJNS u E G D E 0 ES S E 0 ECT 28250 3 E NI HT W DATE DmnA Ba1hu!E - OAn Ftn LETUN DATE naafi �aisa eAr+xeu ����" .�� } �'�' '` �' � { ,�✓ �'s" .. �.. %� a 1�� �.,� ,,, ,. >, Tu rtQe Autho TWIT " �ii'���, rte„ � jy � � �, 33 � �'� � � ..,, a �*�fi• �� 4 �, +�'� � `.� ���, � -+,. , � . �' t { .,,, r ig Kr a r, j VIA } i rfY f � nom` Ali fx- s J 3 t � d F t x mt t d v � � fit � s� A go?., N NAT GS �€ 11 I Tea i " 1 essemerp0ty� 4 16 x ki P, a �A cis§ iw t� Dallas -I fix. i. Gaston and meWenaurg amour p TM( t "� eta � ICr Montlt4 1681 ' S � 0 Im les NC intIHo11ly, 4 " Whz � }�t2q'Sa i'a 1681 ' 6 9 �iw.a q 9 1774 -� U g321 O k' I III. t #' U .�321 C'P is r Ta� raa Aar �x 14 4L 1 T r 3 p� � , e BowURg%tr881t 1 1 ,)vv �, 'r 3 . __ t 4- kj� 27VI 14114 N ��1� � Charlotte a55 ��.31Ce tie ' t�1 over 1 i! �� a r 9 At ot a 3�� 1 114 40 Mlles Background ESRI StreetMap 1Inch equals 2 4 miles DW 13y I ckdBy FIGURE PROJECT VICINITY ES1 REF D to I`F (3 f'tH C1'R4 LINK TIP U 3321 JAN 2012 Turnpike Ruthorit) Gaston East West Connector s (Garden Parkway) As Shown P 1 IN Gaston and Mecklenburg Counties North Carolina 100011536 }�t2q'Sa i'a 1774 -� U g321 O k' I III. t #' U .�321 C'P is r Ta� raa Aar �x 14 4L 1 T r 3 p� � , e BowURg%tr881t 1 1 ,)vv �, 'r 3 . __ t 4- kj� 27VI 14114 N ��1� � Charlotte a55 ��.31Ce tie ' t�1 over 1 i! �� a r 9 At ot a 3�� 1 114 40 Mlles Background ESRI StreetMap 1Inch equals 2 4 miles DW 13y I ckdBy FIGURE PROJECT VICINITY ES1 REF D to I`F (3 f'tH C1'R4 LINK TIP U 3321 JAN 2012 Turnpike Ruthorit) Gaston East West Connector s (Garden Parkway) As Shown P 1 IN Gaston and Mecklenburg Counties North Carolina 100011536 .d may ry D. i N Sp ncernno ntal L JK a od dy xy d r v x) jZ'� � � we ti a Mt.+l lol d`h eSg rx s r wa11 y ` L % Z / v � _ t t+ Y t\ 6 ston a - -� ; � µms) f •C n _ , Cr 4ortan k z S-- vw ec ro Ch k 21 G. Aire �' I a S v I a i ✓ t T p k A th ty STIP PROJECT NO U3321 01 S \ a "' G t C ty d a( �"' ` .f M kI b g G y Y 1 4. GASTON EAST WEST CONNECTOR DETAILED STUDY t� r ALTERNATIVES J � z ,�, ,a � i i Figure 3 i� �� r ) ME- a FIGURE i 0 1 4. vv- s wi a 2 a r h .$ U 3321 GASTON EAST WEST CONNECTOR (GARDEN PARKWAY) G d M kl b g N dh C I z Jurisdictional 0 Areas Detail Imp d 5 m y I ATKINS IM Imp I d W 11 d z- pw ey C d y ES RE D S ( ) SI p St k A Sh w SI p S k 1 8 If C p l N 5 FIGURE Ike ON '01 4.11 :d w g -t- b d� pal mm ryry Iru 'd w g i km k N I ,via s� ���� x 'k" W � �° �`��� �° > � � r u r d F f Imp t d W II d °,r S °�noo� 3 i 000 L� sl p s k PYt �a sl p s k zef s rc� r t " % ,B k°� d,�0 ONAIPA IPh,.a �fi 4 N SI pan k d25f b X� h d w g I i i� � 4 MOM FIGURE w 9 4 -22 t t t t WEST BANK 1 � PERM ALLOWABLE ZONE 1= 6300 97 SQFT PERM ALLOWABLE ZONE 2 — 3678 10 SQFT f t I CATAWBA CREEK TOTAL I 5 k PERM ALLOWABLE ZONE 1— 11779 47 SQFT PERM ALLOWABLE ZONF 2 — 710170 SQFT MI11GABLE 70NE 1= 15408 75 SQFr tI( rtC, )r � �t 3 Q — F EAST BANK i PERM ALLOWABLE ZONE 1— 5478 50 SQFT PERM ALLOWABLE ZONE 2 = 3423 60 SQFT MI F IGABLE ZONE 1= 15408 75 SQFT LI c b3 iJr ) ) 1 Figure 5 Riparian Buffer Impact Site 48 (Catawba Creek)