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Home My WebLink About20070862 Ver 1_More Info Received_20070601s..• SfA7F p ~~ ~ •".n STATE OF NORTH CAROLINA o~J~ ~~ "3 "~ ,~'' ;,y.r~, 'i1+,' ~1'YY/~~.'7C .. yj_ 1 DEPARTMENT OF TRANSPORTATION ~~~`~`~~~~~ 4y MICHAEL F. EASLEY GOVERNOR May 23, 2007 U. S. Army Corps of Engineers Regulatory Field Office Post Office Box 1890 Wilmington, NC 28402-1890 ATTENTION: Mr. Richard Spencer NCDOT Coordinator Dear Sir: LYNDO TIPPETT SECRETARY ~`~o~c~ a SUBJECT: Nationwide 14 Permit and Section 401 Water Quality Certification Application for the Palmer Road Extension from NC 211 at SR 1149 (East Palmer Road) to NC 20 at SR 1403 (Oakdale Gin Road). NCDOT Division 8, State Project No. 8.2530301, WBS No. 34979.1.1, T.I.P. No. U-3816. This letter serves as a replacement for the original cover letter for the permit application dated May 14, 2007. The replacement is necessary due to transcription errors contained within the original cover letter. The descriptions of the proposed roadway and bridge have been corrected. Table 2 has been reformatted to be consistent with the actual presentation utilized in the mitigation debit ledger. Finally, the debit for U-3816 has been corrected in Table 2. The previously submitted permit drawings, half-size roadway design plans, Pre-Construction Notification, and Community Impact Assessment Report are correct and may still be used for this permit application. The impacts described in the previous cover letter were correct and have not changed. The North Carolina Department of Transportation (NCDOT) proposes to construct atwo-lane road on new location referred to as the Palmer Road Extension. The limits of construction are from the intersection of NC 211 with East Palmer Road to the intersection of NC 20 with Oakdale Glen Road in Raeford. The new facility will include two lanes, a 12-foot wide travel lane in each direction, plus 8-foot shoulders, 4-feet of each shoulder will be paved. The proposed road will utilize a bridge that will span the Rockfish Railroad tracks. The bridge will include two lanes, 12-foot wide in each direction with a 2- foot. shoulder. The purpose of this project is to: 1. Improve traffic flow while minimizing social/environmental disruption in the southern portion of Raeford by providing a continuous route from NC 211 to NC 20. 2. Provide regional connectivity between US 1 and I-95. 3. Provide local connectivity between other circumferential facilities in Hoke County and the industries that are coming to the project area. MAILING ADDRESS: TELEPHONE: 919-715-1334 LOCATION: NC' DEPARTMEN L OF l RANSPORTAIION FAX 9I9-715-5501 2728 CAPITOL BOULEVARD PRUIECT DF.VI:LOPMENT AND ENVIRONMENTAL ANALYSIS PARKER LINCOLN BUILDING. SUITE 24O 1598 MAIL Sr:RVICE CENTCR WEeslre: WIVI1'.NCDO'P.ORG RnLeICH N(' 27699 RALEIGH N(' 27699-1598 6. Maintain the functional integrity of Palmer Road to operate as a major collector and major thoroughfare. NEPA Document Status An Environmental Assessment was approved October 28, 2003. A Finding of No Significant Impact was approved on March 31, 2005. Existing and projected conditions in the study area were described including natural systems and wetlands. Alignments were evaluated with respect to costs, social and economic impacts, and environmental consequences. The EA and FONSI have been provided to regulatory review agencies involved in the approval process. Additional copies will be provided upon request. 'The subject project is in compliance with 23 CFR Part 771.111(f) which lists the Federal Highway Administration (FHWA) characteristics of independent utility of a project: 1. The project connects logical termini and is of sufficient length to address environmental matters on a broad scope 2. The project is usable and a reasonable expenditure, even if no additional transportation improvements are made in the area 3. The project does not restrict consideration of alternatives for other reasonably foreseeable transportation improvements. Indirect and Cumulative Effects Indirect and cumulative impacts may be associated with this project. Indirect impacts to consider include the possibility of the development of industrial facilities in the project area. Contacts with the local planning staff and on-site inspections confirmed that industrial development is anticipated and encouraged in the project area. The project area has been designated as an industrial park; the project makes the land accessible for the development. When new businesses locate along the project area completed, they may bring additional jobs that would require more workforce in the area. This could create a greater demand for housing and might lead to increased residential development. The local city planning office should consider the possible negative effects of urban sprawl on the community in terms of uncontrolled growth and development along the project corridor. The project design will minimize the impact to the wetlands. Indirect impacts from the loss of wetlands could include the long-term decline of sensitive vegetation and fauna. A copy of the Community Impact Assessment Report is enclosed with this application. Impacts to Waters of the United States The project is located in the Cape Fear River Basin (sub-basin 03-06-OS) in Hoke County. This area is part of Hydrologic Cataloging Unit 03030004 of the South Atlantic-Gulf Coast Region. An intermittent unnamed tributary to Peddler's Branch (UT1) is located within the project area. UT1 does not have a separate Best Usage Classification and, therefore, shares the Best Usage Classification of its receiving waters, Peddlers Branch (DWQ Index # 18-31-16), a Division of Water Quality Class "B" Waters of the State. There are no impacts to water resources within the project area. No designated Outstanding Resource Waters (ORW), High Quality Waters (HQW), Water Supply I (WS- I), or Water Supply (WS-II) waters occur within 1.0 mile of the study corridor. There are no streams listed on the Fina12004 303(d) List of Impaired Waters within 1-mile of the project area. There are two riverine wetlands located within the project area. U.S. Army Corps of Engineers (USAGE) representative Richard Spencer verified the wetlands on January 11, 2001. NCDOT biologists U-3816 Permit Application Page 2 of 6 Erica McLamb, Greg Price, and Ashley Cox reviewed the wetlands during a site visit on January 9, 2007 and determined that there have been no changes to the jurisdictional wetlands. Permanent Impacts Site 1 is located at station 38+20 -L-; a total of 0.21 acre of riverine wetlands will be permanently impacted in this area. Construction of the new road and 66 inch reinforced concrete pipe will result in 0.17 acre of permanent fill into the wetland located at Site 1. Mechanized clearing to allow for construction access will result in the remaining 0.04 acre of permanent impact. Temporary Impacts Site 2 is located from station 49+30 to 50+28-L-. There will be 0.08 acre of temporary impacts resulting from the placement of temporary fill necessary for the temporary work mats and the temporary work pad. The temporary work mats will allow a crane access to the temporary work pad for a work crane. The temporary work pad will be used to support a crane during construction of the bridge. Hand Clearing There will be 0.36 acre of impacts resulting from hand clearing at Site 2 to allow for construction access. Utility Impacts There will be no impacts to jurisdictional wetlands resulting from the removal or relocation of utilities impacted by this project. Federally Protected Species Plants and animals with federal classifications of Endangered (E), Threatened (T), Proposed Endangered (PE), Proposed Threatened (PT), are protected under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. As of January 29, 2007, the United States Fish and Wildlife Service lists six federally protected species for Hoke County. Table 1 list the species and their federal status. Table 1. Federally Protected Species in Hoke County, NC Common Name Scientific Name Federal Status Biological Conclusion Habitat Present Neonympha St. Francis satyr mitchellii E No Effect No rancisci red-cockaded wood ecker picoides borealis E No Effect No rough-leaved Lysimachia loosestrife a erulae olia E No Effect No American chaffseed Schwalbea E No Effect No americana Alligator American alligator mississippiensis T(S/A) N/A No Michaux's sumac Rhus michauxii E No Effect Yes The project area was evaluated on June 5, 2002 and August 17, 2005 for potential habitat for federally listed species in Hoke County. Suitable habitat is not present within the project area for the red-cockaded woodpecker, St. Francis satyr, rough-leaved loosestrife, American chaffseed, or the American alligator. Biological Conclusions of "No Effect" were given in the EA. U-3816 Permit Application Page 3 of 6 Suitable habitat is present for Michaux's sumac. All areas containing suitable habitat were surveyed for Michaux's sumac on June 5, 2002 and August 17, 2005, no specimens were observed. A biological conclusion of "no effect" was given in the EA. Based on comments received from USFWS in a letter dated December 31, 2003, the biological conclusion was changed to "may affect, not likely to adversely affect." However, due to changes in terminology and protocol the biological conclusion was changed back to "no effect." A review of the North Carolina Natural Heritage Program database on March 16, 2007 revealed no occurrences of Michaux's sumac, St. Francis satyr, rough-leaved loosestrife, American chaffseed, or the American alligator within 1.0 mile of the project area. There is a NCNHP elemental occurrence of the red-cockaded woodpecker located approximately 0.9 mile from the project, however, according to NCNHP records the cluster was destroyed and all the nesting trees were cut. Therefore, biological conclusions of "No Effect" remain valid for all federally protected species in Hoke County. Avoidance, Minimization, and Compensatory Mitigation Avoidance, Minimization, and Mitigation: The NCDOT is committed to incorporating all reasonable and practicable design features to avoid and minimize jurisdictional impacts, and to provide full compensatory mitigation of all remaining, unavoidable jurisdictional impacts. Avoidance measures were taken during the planning and NEPA compliance stages; minimization measures were incorporated as part of the project design. According to the Clean Water Act (CWA) §404(b)(1) guidelines, NCDOT must avoid, minimize, and mitigate, in sequential order, impacts to Waters of the US. The following is a list of the prof ect's jurisdictional stream avoidance/minimization activities proposed or completed by NCDOT: Avoidance/Minimization: • The bridge over the railroad at Site 2 was lengthened to span the wetlands. • The fill slopes were steepened to 1.75:1 at station 45+50 -L- lt. to 49+00 -L- to avoid the wetlands. • Temporary work mats will be used in wetlands at Site 2. • Preformed scour hole located at Site 1 will be used dissipate energy of stormwater discharge prior to entering wetland. • The 66-inch reinforced concrete pipe will be buried one foot at Site 1. Based on the above considerations, it is determined that there is no practicable alternative to the proposed construction in jurisdictional Waters of the U.S. and that the proposed action includes all practicable methods to avoid and/or minimize jurisdictional wetland impacts that may result from such use. Compensatory Miti ation• The NCDOT has avoided and minimized impacts to jurisdictional resources to the greatest extent possible as described above. The unavoidable permanent impacts to 0.21 acre of riverine wetland will be offset by mitigation credit currently available within Hydrologic Cataloging Unit 03030004 from the Little River Bridge Mitigation Site. The Little River Bridge Mitigation Site was constructed as onsite mitigation for T.I.P R-0210A US 1 bypass in Moore County. The 14.8-acre site is located in Moore County, 0.75 miles southeast of the town of Vass and crosses over the Little River. Access to the site is via US 1 South Business on the northeastern boundary. The 14.8-acre site includes 6.4 acres of restoration and 8.4 acres of preservation U-3816 Permit Application Page 4 of 6 of bottomland hardwood forest. The site was monitored in 2006 and met prescribed hydrologic and vegetative success criteria. The site was originally debited for R-0210A in July 2002. To offset 0.21 acres of unavoidable impacts to riverine wetlands due to TIP U-3816, the Site will be debited 0.42 acres of riverine wetland restoration based on a 2:1 mitigation ratio. These debits are reflected in the debit ledger below. 't'able 2. Onsite Mitigation Debit LedEer w/ Residual Assets ~ Site name HUC Mitigation Type Original(acres) Available Debit Debit i, Little River 3030004 R-0210A U-3816 Riverine Preservation 8.4 0 8.4 Riverine Restoration 6.4 1.18 4.8 0.42 Schedule At this time the project is scheduled to let December 18, 2007 (review date of November 6, 2007) with a date of availability of January 9, 2008. It is expected that the contractor will choose to start construction in January. Regulatory Approvals Section 404 Permit: Application is hereby made for the Department of Army Section 404 Nationwide Permit 14 authorizing the above-described activities. Section 401 Permit: The NCDOT will adhere to all conditions of the General Water Quality Certifications (WQC) 3627. Written concurrence from the NCDWQ is required. In accordance with 15A NCAC 2H 0.0501(a) and 15A NCAC 2B 0.200 we are providing five copies of this application to the North Carolina Department of Environment and Natural Resources, Division of Water Quality, for their review and approval. U-3816 Permit Application Page 5 of 6 A copy of this permit application will be posted on the NCDOT website at: http://www.ncdot.org/doh/preconstruct/pe/. If you have any questions or need additional information, please call Erica McLamb at 715-1521. Sincere ~• . ~/ Gregory Thorpe, Ph.D Environmental Management Director, PDEA Mr. John Hennessy, NCDWQ (5 Copies) Mr. Travis Wilson, NCWRC Mr. Gary Jordan, USFWS Dr. David Chang, P.E., Hydraulics Mr. Mark Staley, Roadside Environmental Mr. Greg Perfetti, P.E., Structure Design Mr. Victor Barbour, P.E., Project Services Unit Mr. Tim Johnson, P.E., Division 8 Engineer Mr. Art King, Division 8 Environmental Officer Mr. Jay Bennett, P.E., Roadway Design Mr. Majed Alghandour, P. E., Programming and TIP Mr. Art McMillan, P.E., Highway Design Mr. Scott McLendon, USACE, Wilmington Ms. Jennifer Fuller, PDEA Randy Griffin, P.E ,Mitigation Implementation Team Lelani Paugh, ICUOn-Site Mitigation Group U-3816 Permit Application Page 6 of 6