HomeMy WebLinkAbout20120142 Ver 1_Public Notice_2012041310i
US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date April 13 2012
Comment Deadline May 3, 2012
Corps Action ID # 1996 03023
TIP Project No R 3421
The Wilmington District Corps of Engineers (Corps) has received an application from the
North Carolina Department of Transportation (NCDOT) seeking Department of the
Army authorization to discharge dredged or fill material into waters of the United
States associated with the widening of US 220 and new lane construction from US 74
Rockingham/Hamlet Bypass to the US 220 Ellerbe Bypass in Richmond County,
North Carolina
The purpose of this supplemental Public Notice is to change the comment deadline for
providing comments to the North Carolina Division of Water Quality ( NCDWQ) in regards
to the application for certification under Section 401 of the Clean Water Act In order for
NCDWQ to make a decision within 60 days from the date of the public notice the comment
deadline is being changed from June 2 2012 to May 3 2012
All other information described in the original public notice issued on April 4 2012 will
remain the same and is still valid
2 -v11--iZ
The Wilmington District Corps of Engineers (Corps) has received an application from the
North Carolina Department of Transportation ( NCDOT) seeking Department of the
Army authorization to discharge dredged or fill material into waters of the United
States associated with the widening of US 220 and new lane construction from US 74
Rockingham/Hamlet Bypass to the US 220 Ellerbe Bypass in Richmond County,
North Carolina
Specific plans and location information are described below A copy of this Public Notice
can be found at http / /wwwr saw usace ai my mil /Wetlands /Notices /C urrent notices html
Detailed plans and specifications are available on NCDOT s website at
littp / /www ncdot cov/ doh /preconstruct/pe /neu /petmit html
Applicant North Carolina Department of Transportation ( NCDOT)
c/o Dr Gregory J Thorpe PhD Manager
Project Development and Environmental Analysis Branch
1548 Mail Service Center
Raleigh North Carolina 27699 1548
Authority
The Corps will evaluate this application and decide whether to issue conditionally issue or
deny the proposed work pursuant to applicable procedures under Section 404 of the Clean
Water Act (33 U S C 1344)
Location
The widening portion of the proposed project is located along US 220 from the US 220
Ellerbe Bypass to SR 1304 (Harrington Road) between Ellerbe and Rockingham North
Carolina The new location portion of this project is located from SR 1304 (Harrington
Road) to the US 74 Bypass west of Rockingham North Carolina The proposed project is
located in tributaries and adjacent wetlands that are hydrologically connected to the Pee
Dee River The project is more specifically located starting near Latitude 35 04 N
Longitude 79 768 W and ending near Latitude 34 932 Longitude 79 829
Background
In March 1999 and February 2002 the NCDOT /FHWA completed and circulated the
Environmental Assessment (EA) and a Finding of No Significant Impact ( FONSI) for the
proposed project The social economic and environmental impacts associated with the
project have been described in the above referenced environmental document The
proposed project is federally funded and included in NCDOT s latest approved
Transportation Improvement Program (TIP) This project has been divided into three
sections Section C is scheduled to let on November 20 2012 Section A is scheduled to let
in October 2017 and Section B is scheduled to let in January 2018 However the project
may be accelerated if additional funds become available Based on the FONSI for this
project the estimated cost of right of way acquisition and construction for the proposed
project is $138 000 000
The NCDOT /FHWA EA and FONSI for R 3421 is available for review at the Wilmington
Regulatory Field Office of the Wilmington District U S Army Corps of Engineers 69
Darlington Avenue Wilmington North Carolina or at the North Carolina Department of
Transportation Project Development and Environmental Analysis Branch Century Center
1020 Birch Ridge Drive Raleigh North Carolina 27610
Applicant's Stated Purpose
This project is part of the 173/174 Interstate Corridor and was designated under the
National Highway System Designation Act of 1995 In Section 330 Identification of
High Priority Corridors Subsection (a)(ui) Amendment of the Intermodal Surface
Transportation Efficiency Act of 1991 (ISTEA) Part (I) in the case of 173 and (II) in the
case of 174 (dd) United States Route 220 to United States Route 1 near Rockingham'
are hereby designated future parts of the Interstate System The needs for the 173/174
improvement project are summarized below
• Will provide a freeway facility between two completed projects (R 512 and R
2231)
• Will improve the Intrastate Highway System in North Carolina,
• Will remove interstate traffic from the non controlled access highway system and
signalized at grade intersections in Rockingham
• Will reduce local congestion in Rockingham
• Will improve safety and reduce accidents
• Will provide a continuous through travel route for passenger vehicles and trucks
and
• Will complete a `missing link in proposed Interstate route through North Carolina
Existing Site Conditions
The project is located within the Sandhills portion of the Coastal Plain Physiographic
Province in the Lower Pee Dee River basin USGS 8 digit hydrological unit 03040201
The project crosses South Prong Cartledge Creek and several unnamed perennial and
intermittent tributaries of South Prong Cartledge Creek Cartledge Creek Hitchcock Creek
and the Pee Dee River All streams in the project area are tributaries to the Pee Dee River
which is a navigable water of the United States There are several open water ponds
located within the project area All water bodies in the project area carry the NC Division
of Water Quality (NCDWQ) best usage classification of Class C waters which refers to
those waters protected for uses such as secondary recreation fishing wildlife fish
consumption agriculture aquatic life survival and maintenance of biological integrity
There are no designated Outstanding Resource Waters (ORW) High Quality Waters
(HQW) Water Supply I (WS I) Water Supply (WS II) or 303 (d) listed waters within 1 0
mile of the project area
The jurisdictional wetlands in the project area can be classified as headwater wetlands
small basin and bottomland hardwood wetlands The wetland areas are mostly forested and
comprised of a mix of sweet gum red maple tulip poplar and black gum The primary
functions of the onsite wetlands are flood and storm water retention and pollutant retention
and filtration
The Biotic resources surrounding the project area is indicative of a rural setting consisting
mainly of undeveloped forest and silviculture land with little residential commercial and
industrial development scattered throughout The topography is characterized as gently
rolling with elevations ranging from approximately 220 to 460 feet above mean sea level
(MSL)
Project Description
The following description of the work is taken from data provided by the applicant The
applicant proposes a four lane divided fully controlled access freeway both on new
location and upgrading portions of existing US 220 for connectivity of 173 and 174 The
total length of the project is approximately 9 9 miles This project is split into three
sections Section A is approximately 1 8 miles and is located from US 74 Bypass west of
Rockingham at SR 1109 (Zion Church Road) to 0 3 miles south of SR 1140 (Old Charlotte
Highway) Section B is approximately 4 3 miles and is located from 0 3 miles south of SR
1140 to 0 2 miles southwest of SR 1304 (Harrington Road) Section Cis approximately
3 7 miles and is located from SR 1304 to US 220 Business /Bypass Interchange south of
Ellerbe
The applicant proposes to construct four interchanges along the proposed project A Half
clover type interchange with two ramps and two loops would be constructed along the
north side of SR 1306 (Dockery Road) /SR 1446 (Haywood Cemetery Road) A Flyover
type interchange would be constructed at existing US 220 A diamond type interchange
would be constructed at SR 1005 (Cartledge Creek Road) A Freeway to freeway type
interchange would be constructed at the existing US 74 bypass and US 74
The proposed median width is 70 feet for the portion of the roadway on new location and
60 feet along existing US 220 The proposed fill slopes within the jurisdictional areas
along the roadway range from 2 1 to 4 1
Utility lines would be relocated as a result of this project There are no anticipated impacts
to wetlands or streams for the installation of utilities for this project Utility poles will be
placed outside of jurisdictional areas A waterline located along US 220 will be relocated
before construction of the roadway in R 3421C This waterline project is being undertaken
by the Town of Ellerbe and the waterline will be directionally drilled under all
jurisdictional resources
Summary of Impacts, Avoidance and Minimization and Compensatory Mitigation
Wetland Impacts The proposed roadway project would involve permanent impacts to
14 44 acres of riparian wetland and 0 09 acres of non riparian wetlands Permanent
impacts include fill excavation and mechanized clearing impacts Impacts are based upon
final design for R 3421C and preliminary design for R 3421 A and B The proposed
permanent wetland impacts are summarized below in Table 1 2 and 3
Table 1 R -3421C Wetland Impacts (Final)
Permit
Site No
Wetland ID m
FONSI
Riparian or
Non riparian q
Permanent
W,,$Im acts sac
1
NA
Riparian
008
2
NA
Riparian
020
3
13
Riparian
0 19
4
14
Riparian
079
5
15
Riparian
145
6
15
Non riparian
001
7
17
Riparian
266
8
18
Riparian
031
9
19
Riparian
067
10
20
Riparian
092
12
22A
Riparian
0 16
15
21
Riparian
0 10
16
22A
Riparian
003
24
NA
Riparian
009
25
NA
Riparian
001
26
17
Riparian
002
28
NA
Non riparian
<0 01
29
NA
Non riparian
007
30
NA
Riparian
033
31
NA
Riparian
0 18
33
NA
Riparian
023
34
NA
Riparian
0 18
Section C Total Impacts
8 67*
*Total impacts due to rounding
Table 2 R -3421 A Wetland Impacts ( Prelimmarv)
f rmit
Site No
Wetland ID in
'w`WFONSi
Riparian or
Non ri arian
Permanent
Impacts ac ,
2
NA
Riparian
076
6
3
Riparian
025
7
1
Riparian
0 15
8
NA
Riparian
009
Section A Impacts Total
125
Table 3 R 3421B Wetland Impacts (Preliminary)
Permit
SiteTNo
wetland 4D m FONSI
Ripari n' oW
Non-riparian
� permanent
3 Im acts, ac
1
45
Riparian
025
3
NA
Riparian
003
4
NA
Riparian
009
5
NA
Riparian
002
6
5A
Riparian
058
8
5B
Riparian
020
9
10
Riparian
042
10
79
Riparian
1 11
11
8
Riparian
<0 01
12
11
Riparian
1 92
Section C Impacts Total
4 62*
*Total impacts due to rounding
Stream Impacts The proposed roadway protect would involve permanent impacts to
12 800 linear feet of stream channel and temporary impacts to 769 linear feet of stream
channel The permanent impacts are associated with the placement of fill material
including pipes and rip rap and the temporary impacts are associated with stream
dewatermg and access Impacts are based upon final design for R 3421C and preliminary
design for R 3421 A and B The proposed stream impacts are summarized below in Table
4 5 and 6
Table 4 R -3421C Stream Descriptions and Impacts (Final)
Permit
Stream
zIntermittent��
Temporary
Site No
ID in
Stream Name
/Perennial
JImpacts'(ft)
Impact (ft)
FONSI
41
3r
5
24
UT to Cartledge Creek
Perennial
20
278
8
26
UT to Hitchcock
Perennial
10
629
Creek
9
26
UT to Hitchcock
Perennial
20
463
Creek
12
NA
UT to South Prong
Intermittent
10
40
Cartledge Creek
13
27
UT to South Prong
Intermittent
20
205
*Impacts to stream include bank stabilization Site 18 bank stabilization equals 10 linear It Site 21 bank
stabilization equals 40 linear ft
Tahle 5 R 3421 A Streams Description and Impacts (Preliminarv)
Permit
rSite No
Stream
f
Intermittent
/Perennial
5�
Tempofa
Permanent
Permit
2
Stream Name
Intermittent
�Impactis (ft)
Impact (ft)
Site No
FONSI
UT to PeeDee River
/perennial
0
1 097
3
56
Cartledge Creek
Perennial
0
676
14
2829
UT to South Prong
Intermittent
10
538
5
8,9
Cartledge Creek
Perennial
0
435
16
NA
UT to South Prong
Perennial
0
61
8
11
Cartledge Creek
Perennial
0
187
17A
30
UT to South Prong
Intermittent
10
381
Cartledge Creek
17B
30
UT to South Prong
Perennial
10
178
Cartledge Creek
18*
31
UT to South Prong
Intermittent
17
208
Cartledge Creek
19
3233
UT to South Prong
Intermittent
22
199
Cartledge Creek
20
34
UT to South Prong
Intermittent
24
191
Cartledge Creek
21*
35
South Prong Cartledge
perennial
167
239
Creek
23
36
UT to South Prong
Intermittent
21
449
Cartledge Creek
24
37
UT to South Prong
Perennial
8
212
Cartledge Creek
26
25
UT to Cartledge Creek
Perennial
20
41
27
25
UT to Cartledge Creek
Perennial
22
196
Total Impacts
411
4986
*Impacts to stream include bank stabilization Site 18 bank stabilization equals 10 linear It Site 21 bank
stabilization equals 40 linear ft
Tahle 5 R 3421 A Streams Description and Impacts (Preliminarv)
Permit
rSite No
Stream
ID m
FONSI
Stream Name
Intermittent
/Perennial
5�
Temporary "
Stream Impacts
(ft)
Permanent
,- Stream
Impacts
ft
1
2
UT to PeeDee River
Perennial
0
364
2
34
UT to PeeDee River
Perennial
0
1 097
3
56
UT to PeeDee River
Perennial
0
676
4
10
UT to PeeDee River
Perennial
0
511
5
8,9
UT to PeeDee River
Perennial
0
435
7
7
UT to PeeDee River
Perennial
100
1,247
8
11
UT to PeeDee River
Perennial
0
187
Total Impacts
100
4,517
Tahip h R U7.1R Q4trenm-. Descriptions and Impacts (Preliminary)
y
-- -
-- -- - - -
Temporaryy
Permanent
Permit
Stream
3
Stream Name
Intermittent
--�
Stream Impacts
"
Stream
Site No
k1D m
/Perennial
(ft)
Impacts
FQNSI
W**
Y
ft
1
No #
UT to Seaburn Branch
Perennial
15
24
2
No #
Seaburn Branch
Perennial
40
28
3
13
UT to Seaburn Branch
Perennial
37
759
4
No #
UT to Seaburn Branch
Perennial
26
352
5
14
UT to Cartledge Creek
Perennial
20
645
7
15
UT to Cartledge Creek
Perennial
20
610
8
16
UT to Cartledge Creek
Perennial
90
832
11
18B 19
UT to Cartledge Creek
Perennial
10
47
2021
Total Impacts
258
3,297
Open Water Impacts The proposed roadway project would involve permanent impacts
to 2 58 acres of man made surface waters /ponds The ponds located at permit site numbers
12 22 and 32 are not subject to jurisdictional under Section 4504 of the Clean Water Act
The permanent impacts are associated with placement of fill material and dewatermg
Impacts are based upon final design for R 3421 C and preliminary design for R 3421 A and
B
Avoidance and Minimization Based on information provided by the applicant impacts
to waters of the U S were avoided and /or minimized by incorporating the following
• The Recommended Alternative was designed to minimize impacts from south of
SR 1140 (Old Charlotte Highway) to north of SR 1141 (Blewitt Falls Road) and in
the vicinity of SR 1005 (Cartledge Creek Road)
• The half diamond interchange at SR 1304 (Harrington Road) was eliminated and
the US 220 interchange was modified This modification resulted in moving the
interchange further away from a large continuous wetland area
• The SR 1304 (Harrington Road) grade separation was relocated to avoid large
jurisdictional impacts
• The proposed cul de sac on SR 1304 was moved to avoid wetland area
• The Recommended Alternative was shifted to avoid larger continuous wetland
areas
• The use of 2 1 and 3 1 fill slopes in most jurisdictional areas
• Use of Design Standards in Sensitive Watersheds throughout entire project
Compensatory Mitigation The applicant proposes to use the North Carolina Ecosystem
Enhancement Program (EEP) to offset the permanent stream and wetland impacts
associated with the project The applicant is not proposing compensatory mitigation for the
open water pond impacts the temporary stream impacts the stream bank stabilization
impacts the 0 10 acre of emergent wetland impacts associated with an open water man
made pond located at permit site number 15 and the 428 linear feet of concreted lined
stream channel impacts located at permit site number 17B The applicant proposes to
offset the wetland impacts and most perennial stream impacts in R 3421 C at a 2 1 ratio
The applicant is proposing to offset the intermittent stream impacts in R 3421 C at a 1 1
ratio
The applicant proposes to use EEP to offset the permanent stream and wetland impacts
associated with Sections A and B of project The applicant will also consider on site
mitigation opportunities in Sections A and B
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 512 N Salisbury Street Raleigh North Carolina
27604 Archdale Building 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 David Wainwright by
June 2 2012
Cultural Resources
Archaeology r
J
It was determined that no sites eligible for the National Register of Historic Places would
be affected by the construction of R 3421 Two sites were identified as eligible for listing
31 RH418 and 31 RH420 It was determined that site 31 RH418 was completely destroyed
by the private landowner prior to its acquisition by NCDOT so it is no longer eligible Site
31 RH420 is located outside of the planned construction easement and will not be affected
by the planned roadway construction In a letter dated October 12 2010 the SHPO
concurred with the determination that the project would not affect any of the known
archeological sites
Historic Architecture
There are no properties eligible /listed on the National Register of Historic Places within the
Area of Potential Effects for this project The SHPO concurred with NCDOT s finding in
letter dated December 17 1998
Endangered Species
Based on information provided by NCDOT the Corps of Engineers has determined that the
proposed project would have no effect on three of the listed species known to occur within
Richmond County These species are the Michaux s sumac Rhus michauxii Red
cockaded woodpecker Picoides borealis and Rough leaved loosestrife Lysimachia
asperulaefolia However it has been determined that the proposed project may effect but
is not likely to adversely affect the Short nose sturgeon (Acipenser brevirostrum) a
federally listed endangered species In a letter dated July 20 2001 the National Marine
Fisheries Service (NMFS) concurred with the Biological Conclusion of may affect not
likely to adversely affect the Short nose sturgeon as long as the applicant would follow the
High Quality Water Erosion Control Guidelines (Design Standards in Sensitive
Watersheds) Stream Crossing Guidelines for Anadromous Fish Passages and Guidelines
for Best Management Practices for Bridge Demolition and Removal for all streams
identified in the project area In an email correspondence dated September 7 2010 the
NMFS stated that an in water work moratorium be in place between January 1 and April 30
for the main stems of Hitchcock Creek and Cartledge Creek Both Hitchcock Creek and
Cartlegde Creek are not within the project area and the moratorium does not apply to any
stream within the project area
On June 2 1999 the USFWS concurred with the determination that the project will not
affect any threatened or endangered species On August 26 1999 the USFWS concurred
with the determination that the project will not affect the Red cockaded woodpecker
NCDOT conducted a survey for the Red cockaded woodpecker from October 22 2010
through February 21 2011 and found no presence of the species
The Carolina heelsplitter has recently been removed from the USFWS list for Richmond
County In a letter dated October 13 2010 the USFWS stated that the project will have no
effect on the Carolina heelsplrtter
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 is soliciting comments from the public Federal State and local agencies and
officials 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
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 3 2012 Comments should
be submitted to Mr Ronnie Smith Wilmington Regulatory Field Office 69 Darlington
Avenue Wilmington North Carolina 28403 or by email to
Ronnie d smith(c)usicc army mil
5a'
S ;
STATE OF NORTH CAROLINA
'a s
DIVISION OF HIGHWAYS
GLI
R -3421C
a'sa
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RICHMOND COUNTY
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LOCATION US 220 BYPASS FROM 02 MILES SOUTHWEST OF
ly
SR 1304 (HARRINGTON RD) TO US 220 BUSINESSIBYPASS P m`t Ordwlno +
Sh �—
IMEERCHANGB SOUTH OF ELLBRRB
h
TYPE OF WORK GRADEM PAVING DRAINAGE, SIGNING
STRUCTURES AND CULVERT
w
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WATER PERMIT DRAWINGS
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GRAPFUC SCArBS
DESIGN DATA
PROJECT LENGTH
DIMSION of RIGHWAYS
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STATE OF NORTH CAROLINA
IDIVISION OF HIGHWAYS
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LOCATION US 220 BYPASS FROM US 74 BYPASS WEST /
PL OF ROCKINGHAM AT SR 1109 (ZION CHURCH RD) P
INTERCHANGE TO 03 MILES SOUTH OF SR 1140
(OLD CHARLOTTE HWY)
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