20110136 Ver 1_Public Notice_20060505

US Army
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PUBLIC NOTICE
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Issue Date: May 5, 2006
Comment Deadline: June 5, 2006
Corps Action ID #:1.998 -02180
TIP Project No. 82812
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 construction of NC 211 from NC 73 at West End to the traffic
circle in Pinehurst, Moore County, North Carolina.
Specific plans and location information are described below and shown on the attached
plans. This Public Notice with all attached plans and more detailed colored plans are also
available on the Wilmington District Web Site at www.saw.usace.anny.mil/wetlands
Applicant: North Carolina Department of Transportation (NCDOT)
c/o Dr. Gregory J. Thorpe, PhD, Manager
Project Development and Environmental Analysis Branch
1548 Mail Service C enter
Raleigh, North Carolina, 27699-1548
Authority
The Corps will evaluate this application and a 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). In order to more fully integrate Section 404 permit
requirements with the National Environmental Policy Act of 1969, and to give careful
consideration to our required public interest review and 404(b)(1) compliance
determination, the Corps is soliciting public comment on the merits of this proposal and on
the alternatives evaluated in the NCDOT/Federal Highway Administration (SHWA)
Environmental Assessment (EA). At the close of this comment pen-nit, the District
Commander will evaluate and consider the comments received as well as the expected
adverse and beneficial effects of the proposed road construction to select the least
environmentally damaging practicable alternative (LEDPA). The District Commander is
not authorizing widening of NC 211 at this time. A final Department of the Army permit
could be issued, if at all, only after our review process is complete, impacts to the aquatic
environment have been minimized to the maximum extent practicable and a compensatory
mitigation plan for unavoidable impacts has been approved.

Location
The proposed 7.2 mile roadway project is located beginning at NC 73 at West End,
northwest of Pinehurst and ends at the traffic circle at US 15 in Pinehurst in Moore County,
North Carolina. The proposed project is located in adjacent wetlands and tributaries that
are hydrologically connected to the Cape Fear River. The project is more specifically
located starting at Latitude 35.2368 N, Longitude 79.5679 W and ending at Latitude
35.2016, Longitude 79.4505.
Background
On November 2, 2005, the NCDOT/FHWA completed and circulated for public review an
Environmental Assessment (EA) for the proposed NC 211, TIP R -2812 project, State
Project Number 8.1560601. The social, economic, and environmental impacts associated
with the No -build and a build alternative, identified as the Best Fit Alternative, for R -2812
have been described in the above referenced environmental document. The Best Fit
Alternative incorporates asymmetri cal widening along the existing alignment of NC 211 to
minimize impacts to the human and natural environments. NC 211 is identified as a major
thoroughfare in the Southern Pines Aberdeen Pinehurst Thoroughfare Plan. The proposed
project is federally funded and included in NCDOT's latest approved Transportation
Improvement Program (TIP). Right -of -way acquisition is scheduled in the federal fiscal
year 2007 and construction is scheduled to begin in federal fiscal year 2009. The estimated
cost of right of way acquisition and construction for the proposed project is $26,648,000.
The NCDOTIFHWA EA for R -2812 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, Transportation
Building, 1 South Wilmington Street, Raleigh, North Carolina.
Applicant's Stated Purpose
The purpose of the proposed highway is to improve the level of safety along NC 211 and
the traffic carrying capacity of the roadway to meet the needs of existing and anticipated
development in the project area.
Existing Site Conditions
The project is located within the Sandhills portion of the Coastal Plain Physiographic
Province in the Cape Fear River subbasin 03- 06 -14, USGS 8 -digit hydrological unit
03030003. There are three streams crossed by NC 211 within the project area. These
streams are Joe's Fork, an unnamed tributary to Joe's Fork and Broad Branch, also know as
McLeod Branch. The unnamed tributary and Broad Branch connect with Joe's Fork which
then flows into Nicks Creek which joins the Little River, and eventually connects with the
Cape Fear River, a navigable waterway. The three streams within the project area carry the
NC Division of Water Quality (NCDWQ) best usage classification of WS III which refers

to those waters protected as water supplies that are generally in low to moderately
developed watersheds.
There are four wetland areas found within the project study area. Three of the four
wetlands are located adjacent to small streams and are classified as streamhead pocosin.
One wetland is associated with a pond created by damming Joe's Fork.
The Biotic resources surrounding the eastern half of the project area is indicative of an
urban setting, with golf courses and residential development accounting for the majority of
land uses. The western half of the project area is more rural in nature with pine forests,
pine plantations, agricultural fields and scattered residential and commercial development
occurring. Topography is characterized as slightly rolling to nearly level terrain.
Elevations range from approximately 470 to 560 feet above mean sea level (MSL). Five
dominant communities have been identified within the project area. They consist of
mairitainedldisturbed, Pine /scrub oak sandhill, mixed pine/hardwood forest, xeric sandhill
scrub, and streamhead pocosin/coastal plain small stream swamp (variant) blackwater
subtype.
Project Description
The following description of the work is taken from data provided by the applicant. Two
broad range alternatives are being considered for the proposed project. These alternatives
include the No -build Alternative and the Build Alternative. The No -build Alternative
would not increase traffic carrying capacity or correct existing roadway deficiencies along
NC 211. The proposed Build Alternative (Best Fit Alternative) would widen NC 211 from
the intersection with NC 73 at West End to the traffic circle in Pinehurst, a total of 7.2
miles. The proposed widening would be asymmetrical, either to the north or south of the
existing roadway depending on engineering considerations as well as human and natural
environmental constraints. From the western end of the project at NC 73 to the intersection
of SR 1004 (Hoffman Road) the proposed widening would be to the north, a distance of
approximately 4450 feet. East of SR 1004, the widening transitions back to a symmetrical
widening for approximately 1850 feet. From this point to the intersection at NC 5, the
widening of NC 211 transitions between north side widening and south side widening to
minimize impacts to existing properties, wetlands, and streams. From the NC 5
intersection the project proposes to widen NC 211 symmetrically to the intersection of SR
1208 (Page Road). From SR 1208 to the eastern project terminus at the traffic circle in
Pinehurst, the project proposes north side widening to minimize impacts to existing
residential properties located on the south side, immediately adjacent to NC 211. The
project will also include a pedestrian tunnel, located at the intersection of NC 211 and
Rattlesnake /Gun Club Road, and pedestrian sidewalks on both sides of NC 211 from just
west of NC 5 to the traffic circle in Pinehurst.
Two typical section alternatives are being considered for the project. The typical sections
include 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, whereas 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 alternatives.
Table 1. Summary of Impacts
Category
Curb and Gutter (Alt. #1)
Grass Shoulder (Alt. #2)
Length
7.2 Miles
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
1
1
Historic Properties
0
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
Relocations (Residents)
13
14
Relocations (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 "grass shoulder" section design.
The project is located in the Cape Fear River Basins (Hydrologic Unit 03030003).
Waters of the United States, including wetlands will be impacted by the proposed project.
The streams that may be impacted by the proposed project are Joe's Fork, Board Branch
and an unnamed tributary to Joe's Fork. There are four proposed wetland crossings and
three proposed stream crossings associated with the proposed project. The applicant
proposes to utilize the North Carolina Ecosystem Enhancement Program (EEP) to provide
the necessary compensatory mitigation for the unavoidable wetland and stream impacts
associated with this project.

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 application
for a Section 401 certification will be submitted to the NCDWQ after the LEDPA has been
chosen and the final design plans are available. Additional information regarding the Clean
Water Act certification may be reviewed at the NCDWQ Central Office, 401
Transportation Permitting Unit, 1650 Mail Service Center, Raleigh, North Carolina 27699-
1650, Attention: Mr. John Hennessy by May 30, 2006.
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic
Places and is not aware that any registered properties, or properties listed as being eligible
for inclusion therein are located within the project area or will be affected by the proposed
work. However, there are two properties (The Yadkin Road Marker # 1 and #2) that are
located within the project area that have been determined as eligible for listing in the
National Register of Historic Places. Both of these markers are located outside of the
proposed project right -of -way and are not anticipated to be impacted by the project. There
are no known archeological sites within the proposed project area. However, unknown
archeological, scientific, prehistoric, or historical data may be located within the project
area and/or could be affected by the proposed work.
Endangered ,Species
NCDOT has conducted surveys along the proposed project corridors to identify suitable or
critical habitat for species listed as federally endangered or threatened pursuant to the
Endangered Species Act of 1973. 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 know to occur within Moore County. These species are the Cape Fear
Shiner, Notropis mekistocholas; Michaux's sumac, Rhus michauxii; and American
chaffseed, .Schwalbea americana. However, It has been determined that the proposed
project may effect the Red - cockaded woodpecker (RCW), Picoides borealis, a federally
listed endangered species. The U.S. Fish and Wildlife Service, in a letter dated August 25,
2004, concurred with the NCDOT biological conclusions that the proposed highway
project may affect, but is not likely to adversely affect the RCW. The District Engineer,
based on available information, is not aware that the proposed activity will affect any other
species not listed above, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973
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 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 and to determine the LEDPA for the project. 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, June 5, 2006. Comments
should be submitted to Mr. Richard K. Spencer, Wilmington Regulatory Field Office, P.O.
Box 1890, Wilmington, North Carolina 28402 -1890.

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