HomeMy WebLinkAbout20110136 Ver 1_More Info Received_20060310.,0
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION "8;',`0yQ , ,
MICHAEL F. EASLEY
GOVERNOR SECRETARY
March 3, 2006
MAR 1 4 2006
Mr. Richard Spencer, Transportation Project Manager
Department of the Army; Corps of Engineers
P.O. Box 1890
Wilmington, N.C. 28402-1890
Dear Mr. Spencer:
Ifl,
�u
SUBJECT: Section 404 - N.E.P.A. Merger Process Application for a Department of the Army
(DOA) Permit pursuant to Section 404 of the Clean Water Act TO DISCHARGE DREDGED OR FILL
MATERIAL INTO WATERS OF THE UNITED STATES TO CONSTRUCT the proposed NC 211
Improvements from NC 73 in West End to the traffic circle in Pinehurst, Moore County
State Project Number 8.1560601
T.I.P. Project Number R-2812
The following application, including separate attachments for (1) ENG Form 4345 and (2) mailing list
(labels) is submitted for your consideration. As you are aware, this project was selected for treatment
under the "merger" process. At this juncture, the Regulatory Division has provided concurrence with
Purpose and Need, and the selection of Detailed Study Alternatives. A Environmental Assessment (EA)
was approved on October 28, 2005 and circulated for review.
Please issue your public notice at the earliest opportunity so that we can jointly proceed toward selecting
the LEDPA (least environmentally damaging, practicable alternative which meets the purpose and need
of the project) following analysis of public input. Once the LEDPA is selected and approved, efforts will
be undertaken to further minimize impacts to wetlands and streams in the LEDPA corridor and to
propose suitable compensatory mitigation to offset unavoidable impacts.
The following information is a summary of relevant project details and is being provided to assist in the
Section 404 regulatory review of the project. Please note that more detailed information is available in
the EA.
MAILING ADDRESS: TELEPHONE: 919-733-3141 LOCATION:
NC DEPAHTMENT OF TRANSPORTATION FAX: 919-733-9794 TRANSPORTAVON BUILDING
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET
1548 MAIL SERVICE CENTER WEBSITE, WWW.D0H,00T.STATE.NC.US RALEIGH NC
RALEIGH NC 27699.1548
GENERAL DESCRIPTION OF PROJECT
The North Carolina Department of Transportation ( NCDOT) proposes to improve NC
211 in Moore County. The project begins at NC 73 in West End and terminates at the traffic
circle in Pinehurst located in Moore County. The length of the proposed project is 7.2 miles.
NC 211 is identified as a major thoroughfare in the Southern Pines Aberdeen Pinehurst
Thoroughfare Plan.
Improvements to NC 211 are federally funded. Project Number R -2812 is included in
NCDOT's latest approved Transportation Improvement Program (TIP). Right of way acquisition
is scheduled in the 2006 -2012 TIP for federal fiscal year 2007 and construction is scheduled to
begin in federal fiscal year 2009. The estimated cost of right of way and construction listed in
the TIP for the proposed action is $26,648,000.
PURPOSE AND NEED
The purpose of the proposed project is to improve the level of safety along NC 211 and to
improve the traffic carrying capacity of the roadway to meet the needs of existing and anticipated
development in the project area.
Traffic Capacity - Year 2025
No -Build conditions in the year 2025 assume that NC 211 improvements will not be
constructed. By the year 2025, average daily traffic volumes are expected to increase to 16,500
vehicles per day near NC 73 West and to 20,500 vehicles per day near the traffic circle in
Pinehurst, resulting in Level of Service E conditions.
The Build condition widens the existing two -lane NC 211 to a four -lane divided facility
with either curb and gutter, grassed shoulders, or a combination of both. Widening NC 211
increases capacity to Level of Service B conditions in the year 2025.
Roadway Deficiencies
The existing design along NC 211 within the project area has one (1) significant design
deficiency according to current NCDOT design practices. The design deficiency notable
throughout the proposed project area is with the existing vertical alignment. The proposed action
will improve the vertical alignment.
System Linkage
NC 211 is a major east -west connector for Moore County. Its western terminus is with US
220A, in neighboring Montgomery County, which is part of the proposed 1 -73174 corridor in
North Carolina. In the east, NC 211 provides a vital link between the western portion of Moore
County and the destinations of Pinehurst, Southern Pines, and Aberdeen in the eastern part of
Moore County, along with the north -south corridors of US 15 -501 and US 1.
ALTERNATIVES CONSIDERED
Two broad range alternatives were considered for the proposed project. The alternatives
include the No -Build Alternative, and Build Alternative. The No -Build Alternative does not
increase capacity or correct existing roadway deficiencies along NC 211. Since the No -Build
Alternative does not address the purpose and need, it is not recommended.
The Build Alternative contains one roadway improvement option along NC 211, identified
as the "Best Fit Alternate ". The "Best Fit" alternative proposes to widen NC 211 to a multilane
facility from NC 73 in West End to the traffic circle in Pinehurst. This improvement option
generally follows the existing alignment of NC 211 to minimize impacts to the human and
natural environments. The location of this alignment was approved by the Merger Team during
the concurrence process.
Typical Section
Two typical section alternatives were studied; a four -lane median divided facility with curb
and gutter, and a four -lane median divided facility with grass shoulders. The curb and gutter
alternative will require approximately 100 feet of right of way. The grass shoulder alternative
will require approximately 150 feet of right of way. Table 1 contains a summary of the
quantifiable impacts associated with the proposed action (Best Fit Alternate).
HUMAN ENVIRONMENT
Relocation Impacts
The proposed action could displace up to 14 residences and 3 businesses.
Historic Architectural Resources
NCDOT in consultation with the North Carolina State Historic Preservation Office (HPO)
determined that two properties within the Area of Potential Effects (APE) — Property #15,
Yadkin Road Marker #1 and Property #16, Yadkin Road Marker #2 — are eligible for the
National Register of Historic Places.. The Yadkin Road Marker #1 is located in the southwest
quadrant of the intersection of NC 211 and SR 1208 (Page Road) in Pinehurst and the Yadkin
Road Marker #2 is located on the south side of NC 211, 3.8 miles east of NC 73 in West End,
just west of the Pine Wild Subdivision. Both road markers are eligible, as objects, for the
National Register of Historic Places under Criterion A, because they illustrate the national trend,
centered on the sesquicentennial celebrations of 1926, to commemorate places of local historical
interest. Both of these markers are located outside of the proposed right of way and are not
anticipated to be impacted by the project.
Table 1
Summary of Impacts
Category
Length
Curb and Gutter (Alt. #1)
7.2 miles
Grass Shoulder (Alt. #2)
7.2 miles
Wetlands
1.00 acre **
1.12 acre **
Stream
353 feet **
399 feet **
Noise Receptors
14
14
Hazardous Material Sites
14
14
Prime Agricultural Lands
0
0
Forest
12.2 acre
8.1 acre
Protected Species
Historic Properties
1
0
1
0
4 (f) Properties
0
0
Churches
0
0
Schools
0
0
E.J. Communities
0
0
Air Quality
No
No
Critical Water Supplies
No
No
Relocatees (Residents)
13
14
Relocatees (Businesses)
1
3
* *Denotes a revision of the wetland and stream impacts since the completion of the environmental assessment. The
revisions are a result of reviewing the latest proposed "curb and gutter" and "shoulder" section designs.
Archaeological Resources
This project complies with Section 106 of the National Historic Preservation Act of 1966, as
amended, implemented by the Advisory Council on Historic Preservation's Regulations for
Compliance with Section 106. There are no known archaeological sites within the proposed
project area. The State Historic Preservation Office ( SHPO) stated that it is unlikely that any
archaeological resources, which may be eligible for inclusion in the National Register of Historic
Places, will be affected by the proposed project. No archaeological investigation was
recommended in connection with this project.
Noise Impacts
Fourteen noise receptors will be impacted by the proposed project.
NATURAL ENVIRONMENT
Waters of the United States
"Waters of the United States" are impacted by the proposed action. Jurisdictional surface
waters are located within the project study area. Three streams are crossed by NC 211 and
would be affected the highway widening. All streams are located in the Cape Fear Basin in
subbasin 14 (03- 0614). The three streams in the project study area include Joe's Fork (Index No.
18- 23 -3 -1), which is associated with Wetland -1, an unnamed tributary to Joe's Fork (UT -1)
associated with Wetland -2 and Wetland -3 and Board Branch (DWQ Index No. 18- 23 -3 -1) which
is associated with Wetland -4. All streams associated with this project empty into Joe's Fork.
The noted streams meet the definition of surface waters and are classified as "Waters of the
United States ". There will be potentially 399 linear feet of streams impacted and four (4)
jurisdictional wetlands, totaling 1.12 acres, impacted by the proposed action. Figure 2 denotes
stream and wetland locations.
Hazardous Materials
A "Limited Environmental Site Assessment" for the project area was conducted to identify
areas of potential environmental concern, such as underground storage tanks (UST), above
ground storage tanks (AST), hazardous waste sites, or similar problem sites. Fourteen (14) sites
were identified that could pose environmental concerns for the proposed project. Of these, ten
(10) were underground storage tank (UST) facilities, three (3) were other potentially
contaminated properties, and one (1) a Superfund Site. The Superfund Site, Stanley Furniture, is
currently being monitored by an outside environmental firm. There are no regulated or
unregulated landfills or dumpsites within the project limits.
Federally Protected Species
Table 2 shows the four (4) federally protected species listed for Moore County.
Table 2
Federally Protected Species Listed for Moore County
Common Name
Scientific Name
Federal
Status*
Biological Conclusion
Cape Fear Shiner
Notro is mekistocholas
E
No Effect
Red - cockaded woodpecker
p
Picoides borealis
E
May Affect, Not Likely
to Adversely **
Affect
Michaux's sumac
Rhus michauxii
E
No Effect
American chaffseed
Schwalbea americans J
E
No Effect
*E - Endangered, T - Threatened, T(S /A) - Threatened due to similarity of appearance.
* *Red - cockaded woodpecker (RCW) habitat was found on private lands throughout the
corridor and two active RCW clusters occur within one half mile of the project site. The project
will remove foraging habitat associated with these two RCW clusters. The amount of habitat
remaining after project impacts are above the minimum forage totals presented in the 2003
Recovery Plan- Standard for Managed Stability. A Biological Assessment dated August 6, 2004
was submitted to the United States Fish and Wildlife Service (USFWS). The USFWS concurred
in a letter, dated August 25, 2004 that this project may affect, but is not likely to adversely affect
the RCW.
Enclosed you will find a completed ENG form 4345 and mailing labels. This submittal is in
accordance with step four of the guidelines for integrating project review under the National
Environmental Policy Act and Section 404 of the Clean Water Act. This letter, along with the
previously distributed EA, should provide sufficient information for the issuance of a Public
Notice for the project. The hearing is scheduled for April 10, 2006.
If you have any questions or need additional information, please contact Elmo E. Vance, Jr.
at (919) 733 -7844 extension 263.
Sincerely,
C""
Gregory T. Thorpe, Ph.D.
Environmental Management Director
Project Development and Environmental Analysis
CC: Mr. David Franklin, USAGE, Wilmington (Cover Letter Only)
Mr. Brian Wrenn, NCDWQ (7 copies)
Ms. Marla Chambers, NCWRC
Mr. Chris Militscher, USEPA
Ms. Gary Jordan, USFWS
Mr. Ron Sechler, NMFS
Mr. Jay Bennett, P.E:, Roadway Design
Mr. Majed Al- Ghandour, Program Development
Mr. Tim Johnson P.E., Division 8 Engineer
Mr. Art McMillian, P.E., Highway Design
Mr. David Chang, P.E., Hydraulics
Mr. Greg Perfetti, P.E., Structure Design
Mr. Mark Staley, Roadside Environmental
Mr. Art King, Division 8 Environmental Supervisor
Mr. Elmo Vance, PDEA
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APP OVAL NU. U11U -UUs
(33 CFR 3251
Public reporting burden for this collection of information is estimated to average 10 hours per response, although the majority or applications snoula
require 5 hours or less. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed,
and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information
Operations and Reports, 1215 Jefferson Davis Highway, Suite 1244, Arlington, VA 22202 -4302; and to the Office of Management and Budget,
Paperwork Reduction Project (0710 -0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law, no
person shall be subject 10 any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number.
Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction
over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authority: Rivers and Harbors Act, Section 10, 33 USC 403: Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research and Sanctuaries
Act, 33 USC 1413, Section 103. Principal Purpose: Information provided on this form will be used in evaluating the application for a permit. Routine
Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies. Submission of
requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that is not completed in full will be returned.
ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS
1. APPLICATION N0. 2. FIELD OFFICE CODE 13. DATE RECEIVED 4. DATE APPLICATION COMPLETED
(ITEMS BELOW TO BE F LLED BYAPPLICANT
5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE tan agent is not requiredI
North Carolina Department of Transportation
Project Development & Environmental Analysis
6. APPLICANT'S ADDRESS
1548 Mail Service Center
Raleigh, NC 27699 -1548
7. APPLICANT'S PHONE NOS. WIAREA CODE
a. Residence
b. Business 919 - 733 -3141
9. AGENT'S ADDRESS
10. AGENT'S PHONE NOs. WIAREA CODE
a. Residence
b. Business
l t. STATEMENT OF AUTHORIZATION
I hereby authorize, to act in my behalf as my agent in the processing of this application and to furnish, upon
request, supplemental information in support of this permit application.
APPLICANT'S SIGNATURE DATE
NAME, LOCATION, AND DESCRIPTION OR PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (see instructions)
NCDOT T.I.P. Project Number R -2812 (Federally Funded)
NC 211 Improvements from NC 73 in West End to the traffic circle in Pinehurst, Moore Count
13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS (if applicable)
Joes Fork, Joes Fork (UT -1) and Board Branch
15. LOCATION OF PROJECT
COUNTY STATE
Moore County NC
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions)
NC 211 Moore County
17. DIRECTIONS TO THE SITE
Please see attached vicinity map and cover letter.
18. Nature of Activity (loescriplion of project, include all features)
Township, Range, LatlLOn, andlor Accessors's Parcel Number, for example.
Improve two -lane INC 211 to a four -lane median divided facility between NC 73 in West End and the traffic circle in Pinehurst.
The proposed improvements will impact wetlands and streams.
ENG FORM 4345, Jul 97 EDITION OF FEB 94 IS OBSOLETE (Proponent CECW -OR)
1 g. Project Purpose tDescnbe the reason or purpose of the project, see instructions)
The improvements will add capacity, correct roadway deficiencies, and provide system linkage along NC 211.
USE BLOCKS 20 -22 IF DREDGED ANDIOR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
Construction of the NC 211 improvements will result in roadway fill in wetlands and surface waters.
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
Fill from roadway
22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions)
See Merger Permit Application Letter
23. Is Any Portion of the Work Already Complete? Yes_ No _X_ IF YES, DESCRIBE THE COMPLETED WORK
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody 0r more than ran be entered here, please attach a supplemental list
See attached mailing labels.
25. List of Certifications TYPE APPROVAL 'De IDENTIFICATION NUMBER Federal, State, ATE APPLIADgenciDATE APPROVEDed in ATE DENIED
Application.
Would include but is not restricted to zoning, building, and flood plain permits
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is
complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent
of the applicant.
SIGNATURE OF APPL CAlft DATE
SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorjzed
agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly
and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or
representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall
be fined not more than $10,000 or imprisoned not more than five years or both.
ENG FORiN 4345, Jul 97
EDITION OF FEB 94 IS OBSOLETE (Proponent: CECW -OR)
NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION
DIVISION OF HIGHWAYS
PROJECT DEVELOPMENT AND
ENVIRONMENTAL ANALYSIS BRANCH
Pinehurst
NC 211 from NC 73 in West End
to east of SR 1208 in Pinehurst
Moore County
TIP Project No. R -2812
IFIGURE I j