20120296 Ver 1_Public Notice_20120416

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US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date April 16 2012
Comment Deadline May 16 2012
Corps Action ID # SAW 2006 10391
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 20 22 acres of jurisdictional wetlands and 175 linear feet of
stream associated with the widening of US Highway 13/158 from US 158/NC 45 near
Winton to the US Highway 13/158 split in Tar Heel Hertford and Gates Counties North
Carolina State Project No 35488 1 1 Division I TIP No R 2507A
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 army 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)
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 and Section 10 of the River and Harbor Act of 1899
Location
The proposed project is located along US Highway 158 from the intersection of US
Highway 13/158 just west of Winton to the split of US Highway 13/158 in Tar Heel for a
distance of approximately 7 7 miles The project is adjacent to jurisdictional wetlands
connected to the Chowan River Buckhorn Creek and two unnamed tributaries that drain
to the Chowan River The project is located in the Chowan River Basin Hydrologic Unit

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03010203 The project starts at Latitude 36 394599N Longitude 76 944475W and ends
at Latitude 36 456940N Longitude 76 855937W
Background
A State Environmental Assessment (SEA) was approved on January 22 2010 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 April 27 2011
The proposed project has gone through the NEPA /404 merger process The proposed
project is state funded and is in the approved 2009 2015 Transportation Improvement
Program (TIP) with construction scheduled to begin in state fiscal year 2012 The
estimated cost of the project is approximately $54 810 000
The SEA and SFONSI for R 2507A is available for review at the Washington Regulatory
Field Office 2407 W 5th 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 and Gates Counties 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 project area is located within the Upper Chowan River Basin (sub basin 03 01 01
HUC 0301203) in the Middle Atlantic Coastal Plain ecoregion of North Carolina Flat
terrain slow moving streams and swamplands characterize the landscape
The primary water bodies in the project area are the Chowan River and Buckhorn Creek
Two unnamed tributaries in the project area drain through other named tributaries (Jady
Branch & Folly Branch) eventually draining to the Chowan River Surface waters in
North Carolina are assigned a classification by the DWQ that is designed to maintain
protect and enhance water quality within the state The Chowan River itself is classified
as Class B NSW waters Buckhorn Creek and the unnamed tributaries to Folly Branch
and Jady Branch are classified as Class C NSW water bodies (unnamed tributaries carry
the same classification of their receiving stream NCDENR 2007) No water resources
classified as High Quality Waters (HQW) Water Supplies (WS l or WS I1) or
Outstanding Resources Waters (ORW) are located within one mile of the project study
area The Chowan River is approximately 800 feet wide and tidally influenced at the
US13 /US 158 crossing Within the project area the NC Natural Heritage Program
considers the Chowan River to be an aquatic significant natural heritage area mainly for
its freshwater mussel and anadromous fish diversity The North Carolina Department of
Environment and Natural resources — Division of Water Quality ( NCDENR DWQ) has
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listed the Chowan River on its Final 2010 303(d) list as a Category 5 impaired water
due to excessive levels of cadmium
Eight terrestrial communities were identified within the project area Coastal Plain
Bottomland Hardwoods (Blackwater subtype) Cypress Gum Swamp (Blackwater
subtype) Coastal Plain Small Stream Swamp Mixed Hardwood Pine Forest Pine
Plantation Successional Pine Forest Pine /Scrub Oak Sandhill Cropland and
Maintained Disturbed (See Table 1 below) A detailed description of these can be found
in the Natural Resources Technical Report (NRTR) available at the locations shown
above
Table 1 Estimated Area of Terrestrial Communities within Proiect Area
Community
Area (acres )
Coastal Plain Bottomland Hardwoods
5079
Cypress Gum Swamp
22 15
Coastal Plain Small Stream Swamp
366
Mixed Hardwood Pine Forest
7047
Pine Plantation Successional Pine Forest
4897
Pine /Scrub Oak Sandhill
652
Agriculture
3765
Maintained Disturbed
8847
Total Area
32868
Based on soils mapping for Hertford County (USDA 1984) and Gates County (USDA
1996) 19 soil series are mapped within the project area 16 of which are classified as
hydric Of the 378 terrestrial acres in the study area Dorovan mucky peat which
encompasses most of the Chowan River floodplain covers the greatest area with
approximately 18 percent of the total The Dorovan soil series is followed by Alaga sand
(11 %) Ballahack loam (10 %) Lenoir loam (10 %) and Bladen loam (10 %) Descriptions
of these soil series associations can be found in the Hertford and Gates Counties Soil
Surveys
Applicant s Stated Purpose
The purpose of this project is to reduce traffic congestion and improve travel time and
safety along US I YUS 158 within the project area
Project Description
The project is identified as TIP # R 2507A The following description of work is taken
from data provided by the applicant The applicant has proposed to fill 17 98 acres
mechanize clear 2 13 acres excavate 0 11 acres and temporarily fill 0 04 acres of
jurisdictional wetlands Also the applicant proposes to permanently impact 175 linear
feet and temporarily impact 103 linear feet of stream These impacts are needed to widen
an existing two lane facility to a multi lane facility along the approximate 7 7 mile
section of highway AT &T will be directionally boring a 4 inch steel conduit long
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distance phone line under the Chowan River and along the east side of the project An
underground natural gas line and an overhead power line that needs relocating will
require some hand clearing of wetlands All impacts for utility line relocations are
included in the tables shown below The project has been designed with east and west
side widening on existing location to minimize impacts to the Natural and Human
Environments Avoidance mitigation measures were taken during the planning and
NEPA compliance stages and minimization measures were incorporated as part of the
project design Specifically retaining walls will be used at three locations fill slopes will
be 3 1 in jurisdictional areas and the vertical alignment was adjusted along the 7 7 mile
project to minimize wetland and stream impacts Additionally the applicant is proposing
to construct a new bridge over the Chowan River and Buckhorn Creek The applicant is
proposing to offset unavoidable impacts to wetlands and streams through EEP EEP in a
letter dated March 14 2012 has committed to providing the necessary compensatory
mitigation for the project Tables 2 and 3 below describe the wetland and stream sites
impacted by 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 5th Street Washington North Carolina 27889
Table 1 Streams Within the Project Area and Proposed Impacts
Table 2 Wetland Impact Sites
Permit Site
NRTR
Reference ID
Riparian/Non Riparian
Perm Fill
ac
Temp
Fill ac
Excavation
ac
Mechanized
Clearing ac
Existing
WNEla
Non Riparian
056
DWQ
Permanent
Temp
Existing
Channel
Riparian
Permit
intermittent /Perennial
<001
SW
Channel
Riparian
Stream
Stream
SW Impacts
WSEI
Riparian
impacts
Site
Status
7
WNE l
Impacts
Impacts
<0 01
8
Classification
(ac)
002
Temp
002
9
WSE l d
Non Riparian
0 16
(ac)
Perm (ft)
ft
S t
2
Perennial/impacted
C NSW
<0 01
<0 01
12
22
Chowan
4
Perennial
B NSW
<0 01
009
12
WNE2
River
3 11
0 19
13
WNE2
Riparian
Buckhorn
23
Perennial
C NSW
14
001
Riparian
46
Creek
001
15
WSE3a
Non Riparian
002
S 2
34
Perennial
C NSW
002
<0 01
163
35
Totals
17
WSE3c
Non Riparian
1 002
I-0 0-27
175
103
a 7 bents for Chowan River bridge will result in <0 0l acre of 611 in surface waters
b Summary reflective of actual impacted area
Table 2 Wetland Impact Sites
Permit Site
NRTR
Reference ID
Riparian/Non Riparian
Perm Fill
ac
Temp
Fill ac
Excavation
ac
Mechanized
Clearing ac
1 1 UTIL
WNEla
Non Riparian
056
0 18
3
WSElb
Riparian
<001
<001
5
WSEI
Riparian
201
030
6
WSEI
Riparian
208
024
7
WNE l
Riparian
<0 01
8
WSElc
Non Riparian
002
002
9
WSE l d
Non Riparian
0 16
002
10
WSE2
Riparian
1 16
007
11
WNE2
Riparian
025
009
12
WNE2
Riparian
3 11
0 19
13
WNE2
Riparian
024
0 13
14
WNE2
Riparian
002
001
15
WSE3a
Non Riparian
002
16
WNE3a
Non Riparian
Oil
005
17
WSE3c
Non Riparian
069
004
18
WSE3d
Non Riparian
0 13
001
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Permit Site
NRTR
Reference ID
Riparian/Non Riparian
Perm Fill
ac
Temp
Fill ac
Excavation
ac
Mechanized
Clearing ac
19
WSE3e
Non Riparian
1 18
008
20
WNE36
Non Riparian
009
004
21
WSE3f
Non Riparian
046
003
22
WNE3d
Non Riparian
004
001
23
WB
Riparian
069
004
0 11
24
WBb
Non Riparian
0 11
25
WNE4
Riparian
041
003
26
WSE4
Riparian
006
002
27
WNE5
Riparian
100
0 11
008
28
WSE5a
Non Riparian
001
002
29 29 UTIL
WSE6
Non Riparian
009
005
30 30 UTIL
WNE6
Riparian
1 89
0 16
31 31 UTIL
WSE6
Non Riparian
005
003
32
WSE6b
Non Riparian
l 08
006
33
WNE6
Riparian
<0 01
<0 01
34
WSE7
Non Riparian
0 19
002
35
WNE8
Riparian
004
003
36
WNE 1 b
Non Riparian
002
11 Utility
Staging Areas
Locations
Vary
N/A
Totals
17 98
004
Oil
2 13
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
May 7 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
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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 Two properties the Story Family Farm and cemetery are included in the
Story s Crossroads Historic District A Memorandum of Agreement (MOA) between the
US Army Corps of Engineers the North Carolina Department of Transportation and the
State Historic Preservation Office was developed to address the Adverse Effects of the
proposed project A permit if issued for this project will contain a condition that
obligates the NCDOT to comply with the previsions contained therein
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 federally listed endangered or
threatened species or their formally designated critical habitat
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 (►n accordance with Executive Order 1 1988) 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
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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 16 2012 Comments
should be submitted to Mr Bill Biddlecome US Army Corps of Engineers Washington
Regulatory Field Office 2407 West 5th Street Washington North Carolina 27889
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