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HomeMy WebLinkAbout20120935 Ver 1_Public Notice_20121019 (2) ■ Background The NCDOT completed the Final State Environmental Assessment (SEA) March 25, 2009 in compliance with North Carolina State Environmental Policy Act (SEPA) guidelines The SEA explains the purpose and need for the project provides a descnption of the alternatives considered and characterizes the social, economic, and environmental effects The SEA was approved and circulated to federal, state, and local agencies Then following the SEA, a State Finding of No Significant Impact (SFONSI) Statement was completed January 8, 2010, and an Environmental Document Update was completed August 29, 2011 This project did not progress through the Merger process Applicant's Stated Purpose The applicant's stated purpose as identified in the Final State Environmental Assessment (SEA) is to alleviate traffic congestion and improve safety along NC 179 and to establish a more efficient travel route between the towns of Shallotte and Calabash Project Description The North Carolina Department of Transportation(NCDOT)proposes to construct a two lane facility on new location from the intersection of existing SR 1163 (Old Georgetown Road) and SR 1184 (Ocean Isle Beach Road) to NC 179 (Bncklanding Road) in Brunswick County Dual lane roundabouts would be constructed at each of the abovementioned intersections The total project length is approximately 2 9 miles Summary of Impacts Construction of the proposed project would necessitate impacts to jurisdictional waters and wetlands There would be a total of 0 73 acre of permanent wetland impact and 366 linear feet of permanent stream impacts There would also be 25 linear feet of temporary stream impact for the construction of the proposed pipe structures Impacts to jurisdictional wetlands and surface waters for R-3432 are summarized below in Tables 1 & 2 respectively Table 1 R-3432 Wetlands Impacts Permit Map Label in SEA Permanent Temporary Drawing Site (2009)/Label for JD Type Impacts Impacts Mitigation Number (2011) (ac) (ac) Required (2012) 2 WC/WC Riparian 0 03 0 Yes 3 WC/WC Riparian 0 51 0 Yes 4 WC/WD Riparian 019 0 Yes Total 0 73 0 2 I Table 2 R-3432 Surface Water Impacts Permit Map Label in Permane Temporar Temporar SEA Permanent Mitigation Drawing (2009)/Label nt y (ac) y Required* Site Number for JD (2011) (ft) (ft) (ac) 1 Not Listed/SC 0 0 0 03 <0 01 No 2 Not Listed/SB 200 10 0 05 <0 01 Yes 5 SE/SA 166 15 0 02 <0 01 Yes Total 366 25 010 0 01 *For permanent linear impacts Utility Impacts There would be no impacts to jurisdictional resources resulting from project construction Avoidance and Minimization Statewide,NCDOT employs many strategies to avoid and minimize impacts to junsdictional areas in all its designs Many of these strategies have been incorporated into Best Management Practices (BMP) documents that have been reviewed and approved by Federal and State resource agencies and which will be followed throughout construction Some of the avoidance and minimization items utilized on this project would include The selected alternative was chosen to avoid a potential Environmental Justice issue as well as minimize wetland impacts - Design standards in Sensitive Watersheds will be implemented Grassed ditches, shoulders, and slopes would be incorporated to aid in treatment of runoff - Re alignment of stream and pipe at—Y10 STA 29+50 is necessary to correct issues of scour and headcuttmg - 3 1 slopes will be utilized in jurisdictional areas Mitigation Compensatory mitigation needs will come from the North Carolina Ecosystem Enhancement Program (NCEEP) The ratio of compensation will be determined during permit review The NCEEP acceptance letter has been received in this office ** More project detailed plans can be viewed on the Corps website www saw usace armN mil/wetlands or requested from the Corps Project Manager,Brad Shaver at 910-251-4611 1 3 F 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 in the NCDWQ Central Office in Raleigh serves as application to the NCDWQ for 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 401 Transportation Permitting Unit 512 N Salisbury Street Archdale Building 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 wnting delivered to the North Carolina Division of Water Quality(NCDWQ) 1650 Mail Service Center Raleigh,North Carolina 27699-1650 Attention Ms Amy Chapman by November 18, 2012 The applicant has not provided to the Corps, a certification statement that his/her proposed activity complies with and will be conducted in a manner that is consistent with the approved North Carolina Coastal Zone Management Program Pursuant to 33 CFR 325 2(b)(2) the Corps can not issue a permit for the proposed work until the applicant submits such a certification to the Corps and the North Carolina Division of Coastal Management(NCDCM) and the NCDCM notifies the Corps that it concurs with the applicant's consistency certification Essential Fish Habitat This notice initiates the Essential Fish Habitat(EFH) consultation requirements of the Magnuson Stevens Fishery Conservation and Management Act The Corps initial determination is that the proposed project will not adversely impact EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service Cultural Resources The NCDOT completed an updated archaeological investigation for the project area in November 2009 No eligible sites were discovered in the project area On December 10 2009 the State Historic Preservation Office (SHPO) sent a letter to NCDOT stating that they had reviewed and concurred with the conclusions in the updated archaeological report therefore no additional investigations are expected In letters dated April 4 1996 and August 8 2006 the North Carolina Historic Preservation Office (NCHPO)determined that this project as it is proposed will not affect any historic structures 4 1 Endangered Species The United States Fish and Wildlife Service (USFWS) list 13 federally protected species for Brunswick County as of the March 21 2011 listing(Table 3) Table 3 Federally Protected Species in Brunswick County Scientific Name Common Name Federal Habita Biological Status t Conclusion Alligator mississippiensis American alligator T(S/A) No N/A Chelonia mydas Green sea turtle T No No Effect Leprdochelys kempzi Kemp's ridley sea turtle E No No Effect Dermochelys coriacea Leatherback sea turtle E No No Effect Caretta caretta Loggerhead sea turtle T No No Effect Charadrius melodus Piping plover T No No Effect Picoides borealis Red-cockaded E Yes No Effect woodpecker Thalictrum cooleyi Cooley s meadowrue E Yes No Effect Acipenser brevirostrum Shortnose sturgeon E No No Effect Trichechus manatus West Indian manatee E No No Effect Lysimachia Rough leaved loosestrife E Yes No Effect asperulaefolia Amaranthus pumilus Seabeach amaranth T No No Effect Mycteria amertcana Wood Stork E No No Effect Key E=Endangered T=Threatened T(S/A)=Threatened(Similarrty of Appearance) Since the approval of the SEA the biological conclusion provided for the wood stork was updated to No Effect Upon completion of detailed environmental surveys no wood stork habitat was found to be located within the limits of the chosen alignment therefore this project should have no effect on the wood stork A review of the North Carolina Natural Heritage Program (NCNHP) database, updated April 2012 indicated no known occurrences of protected species within one mile of the project study area 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 5 1 f 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 particulanty, the reasons for holding a public hearing Requests for a public hearing shall be granted unless the Distnct 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 November 19 2012 Comments should be submitted to Mr Brad Shaver US Army Corps of Engineers Wilmington Regulatory Field Office 69 Darlington Ave Wilmington 28403 1343 6 C z O t0 O.-. 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V -J g «) O N th V O 1- g O f 63 0 2 1 - - - - - - - - - - 5/18/12 R-3432 NEU Narrative Utility Owners • Power Brunswick EMC (Transmission) Mr Rodney Scruggs 910-755 4246 • Power Brunswick EMC (Distnbution) Mr Josh Winslow, PE(910) 754 4391 • Telephone ATMC (Atlantic Telephone Membership Corporation) -Mr Scott Dutton (910) 755-1701 • Water Brunswick County(water) John Nicholes (910)253-2653 • Cable TV Time Warner Cable Mr Robert John(910) 772-5757 General Utility Relocation All utility lines inside project limits currently within construction limits will be adjusted as necessary or relocated away from construction before project let Existing Utilities • Power(Transmission) Existing transmission 0/H power poles are in conflict with construction of the project and will be relocated outside the R/W line and mside the PUE line There is no impact on wetlands • Power(Distnbution) Existing 0/H power poles are in conflict with construction of the project and will be relocated inside the PUE line There is no impact on wetlands • Telephone Existing Telephone lines will be adjusted as required • Water The water line will be relocated as required using trenchless method in wetlands areas There is no impact on the wetlands • Cable TV Existing Telephone lines will be adjusted as required I $$$$$$SYSTIME$$$$S $$$$$$$$$$$$$$$$M11$$$$$$$$$$$$$$$$ 09/08/99 $$$$USERNAME$$S$ I 1 CONTRACT: TIP PROJECT: R-3432 ) -o (.1) V _ti on en „ ▪ " al xi 111. 0 mill " INN o: i- — I b = h ,J ( i• 0 m L � ��_ m = -a n m _2 iir y Lf�OS1..; E CD 1. 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