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HomeMy WebLinkAbout20181416_USACE Correspondence_20120703H 3� Dwo US Army Corps PUBLIC NOTICE Of Engineers Wilmington District Issue Date: June 28, 2012 Comment Deadline: July 30, 2012 Corps Action ID #: SAW-2008-02315 TIP Project No. R-2527, R-2530B, B-4974 The Wilmington District, Corps of Engineers (Corps) has received an application from the North Carolina Department of Transportation (NCDOT) regarding a potential future requirement for Department of the Army authorization to discharge dredged or fill material into waters of the United States associated with widening construction of NC 24/27 from NC 740 in Albemarle to the proposed Troy Bypass, west of Troy in Stanly and Montgomery Counties, North Carolina. Specific alternative alignments and location information are described below and shown on the attached plans. This Public Notice and all attached plans are also available on the Wilmington District Web Site at http://www.saw.usace.army.mil/Wetiands/Notices/Current notices.html. Viewing the on- line version will better display color and grant the ability to view exploded views. 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 to compare alternatives that have been carried forward for study 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 State Environmental Assessment (EA). At the close of this comment period, 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 the NC 24/27 improvement project at this time. A final Department of the Army permit may be issued 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 14.6 mile NC 24127 highway improvement project begins in Stanly County from west of NC 740 and extends along the existing facility to the proposed Troy Bypass, west of SR 1138 (Dairy Road), west of Troy, in Montgomery County, North Carolina. The proposed project crosses tributaries and wetlands that are hydrologically connected to the Pee Dee River. The corridor is more specifically located starting at Latitude 35.3492 N, Longitude - 80.1657 W and ending at Latitude 35.3318, Longitude - 79.9320. Existing Site Conditions The project is located within the Carolina Slate Belt Eco- region in the Pee Dee River Basin, USGS 8 -digit hydrological unit 03040104. The Biotic resources surrounding the project area is indicative of a rural setting, with pine and hardwood forests, pine plantations, agricultural fields and residential and commercial developments accounting for the majority of the land uses. The large portion of the project located east of the Pee Dee River is located within the Uwharric National Forest. Topography is characterized as gently sloping to hilly with steep areas occurring along drainage ways. Elevations range from approximately 300 to 600 feet above mean sea level. All streams identified within the R -2530 portion of the project study area are unnamed tributaries to one of three named systems: Mountain Creek, Jacobs Creek, and the Pee Dee River. The water resources present in the R -2527 portion of the project study area include Lake Tillery /Pee Dee River, Rocky Creek (Lake Tillery tributary), Dumas Creek, Clarks Creek, Lick Fork Creek, Rocky Creek (Little River tributary), Smith Branch, Cattail Creek and Wood Run. The Pee Dee River at this location is dammed downstream to form Lake Tillery. The lake does not exhibit riverine conditions due to the dam, and is typical of manmade reservoirs throughout the state. The streams in the project area have NCDWQ classifications of Class B waters, Class C waters and Water Supply (WS) IV waters. A Best Usage Classification of C indicates waters are used for secondary recreation, fishing, wildlife, fish consumption, aquatic life including propagation, survival and maintenance of biological integrity, and agriculture. A Best Usage Classification of B indicates waters are used in the same manner as Class C waters in addition to primary recreation activities that involve human contact with water. A Best Usage Classification of WS -IV indicates waters are used as sources of potable water where a WS -1,11, or III classification is not feasible. WS -IV waters are generally in moderately to highly developed watersheds or Protected Areas. Most of the WS -IV waters in the project area are designated Critical Areas (CA), which means the areas are within one -half mile upstream and draining to a river intake or within one -half mile and draining to the normal pool elevation of water supply reservoirs. There is one stream system with a supplemental classification of High Quality Water (HQW), which indicates the waters are rated excellent based on biological and N physical /chemical characteristics. There are no designated Outstanding Resource Waters (ORW), Water Supply I (WS -I), Water Supply (WS-11) or 303(d) listed waters in within 1.0 mile of the project area. See Table 1 for the designations of the water bodies in the project area. TABLE 1: WATER RESOURCES DATA Project Water Resource DWQ Stream Index No. Subbasin Best Usage Classification R -2530B Mountain Creek 13-5-(0.7) 03 -07 -08 WS -IV, CA R -2530B Jacobs Creek 13-9-(0.5) 03 -07 -08 WS -IV, CA R -2530B Pee Dee River 13-(1) 03 -07 -08 WS -IV, B, CA B -4974 & R -2527 Lake Tillery /Pee Dee River 03 -07 -08 WS -IV, B, CA R -2527 Rocky Creek (Lake Tillery tributary) 13 -8 -(2) 03 -07 -08 WS -IV, CA R -2527 Dumas Creek 13 -16 -1 03 -07 -08 C R -2527 Clarks Creek 13 -16 03 -07 -10 C R -2527 Lick Fork Creek 13 -16 -4 03 -07 -10 C R -2527 Rocky Creek (Little River tributary) 13- 25- 30 -(0.5) 03 -07 -15 C, HQW R -2527 Smith Branch 13- 25 -30 -1 03 -07 -15 C R -2527 Cattail Creek 13 -8 -1 03 -07 -08 WS -1V R -2527 Wood Run 13-7-(l) 03 -07 -08 WS -IV All wetlands in the project area were delineated using the current Corps of Engineers methodology. The jurisdictional wetlands within the project area are primarily palustrine, forested wetlands including headwater, bottomland hardwood and seep wetlands. Applicant's Stated Purpose The purpose of these projects is to improve traffic flow and level of service (LOS) on the section of NC 24 -27 between NC 740 in Albemarle to the proposed Troy Bypass, west of Troy, and to maintain a bridge across the Pee Dee River that addresses the needs of highway users. The proposed projects are intended to address the following needs: • Transportation deficiencies exist along NC 24 -27 in the project study areas which are projected to increase substantially by the year 2035. • Bridge No. 51 over the Pee Dee River is considered structurally deficient and is eligible for the Federal -Aid Highway Bridge Program. • Maintain and improve the mobility and connectivity functions of the NC 24 -27 corridor as part of the Strategic Highway Corridor Vision and the North Carolina Intrastate System. Project Description The following description of the work and the alternatives were taken from data provided by the applicant. State Transportation Improvement Program (STIP) project R -2530B involves widening existing NC 24 -27 from west of NC 740 to the Pee Dee River in Stanly County from a two and three -lane facility to a four -lane divided facility with a 23 -foot raised median from NC 740 to SR 1731 (Sweet Home Church Road) and transitioning to a 46 -foot depressed median from east of SR 1731 to the Pee Dee River in Stanly County. TIP project B -4974 involves replacing existing Bridge No. 51 over the Pee Dee River on the Stanly / Montgomery County line. TIP project R -2527 involves widening existing NC 24 -27 from a two -lane facility to a four -lane divided facility with a 46 -foot depressed median from the Pee Dee River to the proposed Troy Bypass, west of Troy in Montgomery County. The total length of the proposed project is approximately 14.6 miles long. See the attached Vicinity Map and Typical Sections. Alternatives Considered "No- Build" Alternative The No -Build Alternative would not provide any substantial improvements to the NC 24- 27 study corridor and would not improve traffic flow or level of service (LOS) on the section of NC 24 -27 through the project study area. The structural deficiencies of the James B. Garrison Bridge would not be addressed. Transportation Systems Management (TSM) Alternative Transportation Systems Management (TSM) improvements involve increasing the available capacity of the roadway within the existing right -of -way with minimum capital expenditures and without reconstructing or adding additional through lanes to the existing road. Addition of turn lanes, striping, signing, signalization, and minor realignments are examples of TSM physical improvements. Examples of TSM operational improvements include traffic law enforcement, speed restrictions, access control, and signal timing changes. Alignment Alternatives The project will consist of two alignment alternatives. Both alignment alternatives within the R -2527 and R -2530B portions of the project would involve the asymmetrical widening "Best Fit" widening) of NC Highway 24127. This `Best Fit" alignment would involve widening the road either to the north or south of the existing roadway depending on engineering considerations as well as human and natural environmental constraints. "Best 4 Fit" locations were evaluated and selected to improve the existing road alignment, minimize impacts, and permit maintenance of traffic during construction. Alternative 4 would consist of asymmetrically widening NC Highway 24127 as described above. This alternative would involve the replacement of Bridge Number 51 with a new bridge along the existing roadway alignment. Alternative 4 would involve adverse impacts to Bridge Number 51, which is eligible for listing in the National Register of Historic Places. Alternative 1 would consist of the same asymmetrical widening of NC Highway 24127 described above. This alternative would involve the replacement of Bridge No. 51 with a new bridge south of the existing bridges. This alternative does not directly impact Bridge Number 51 and may provide a potential preservation opportunity for an interested individual, group or municipality. Stanly County may be interested in taking over the maintenance of Bridge Number 51 to provide a trail connection between Morrow Mountain State Park and the Uwharrie National Forest. Table 2 provides a summary and comparison of impacts associated with both alternatives and Table 3 compares the costs of both alternatives. TABLE 2: SUMMARY OF ENVIRONMENTAL EFFECTS ar. V ;ky.�,i A B -1 B -4 C R -2530B B -4974, B -4974, R -2527 A +B 1 +C A +B4 +C Alt.I Alt.4 Natural Resources Impacts Federal Listed Species Habitat Yes Yes Yes Yes Yes Yes 100 -Year Flood Plain and No Yes Yes Yes Yes Yes Floodway Impacts Wetlands (number of 4/0.58 2 / 0.08 1/0.02 23/1.71 2912.37 2812.31 crossings/acres) Stream Crossings (number /linear 23/ 7/ 8/ 29/ 59/ 601 feet ) * * ** 7,122 1,314 1,467 6,438 15,227 15,518 Water Supply Critical Areas Yes Yes Yes Yes Yes Yes Rare Plants * Yes No No Yes Yes Yes USFS Forest Land (acres) * * * ** 0 9 X20 440 0 0 50 50 50 Human Environment Impacts Residential Relocations (number) ee 18 16 7 25 23 B Business Relocations (number) see 24 19 3 27 22 B-49 Low Income /Minority Population No No No No No No Cemeteries /Gravesites (number of Yes / 0 No No No Yes / 0 Yes / 0 raves impacted) Historic Structures ** 0 0 1 0 0 1 Archaeological Sites 3 0 0 3 6 6 Section 4 Impacts No Yes Yes No Yes Yes Traffic Noise Impacts (receptors) /Noise Sensitive Areas 19 * ** * ** 11 30 30 Air Quality Within an Attainment area Physical Environment Impacts R -2527 $3,089,790 Railroad Crossings (number) 0 0 0 1 1 1 Farmland No No No No No No Potentially Hazardous Materials Sites (number) 17 * * * * * * 6 23 23 NOTES: + All impacts, but the USFS Forest Land acreage, are based on preliminary design slope stake limits plus 25 feet. The USFS Forest Land acreage is based on preliminary proposed right of way limits. + * Rare plants include Schweinitz's Sunflower, Georgia Aster, Large Witch Alder and Smooth Sunflower. • ** The Swift Island Ferry / James B. Garrison Bridge (Existing Bridge 51) is eligible for the National Register of Historic Places. • * ** Impacts for B-4974 are included with R -2530B or R -2527. 0 * * * *St -W was declared to be an ephemeral feature not subject to the permit requirement of Section 404 of the Clean Water Act at the February 2, 2011 CP2A Feld meeting and should be deleted. 0 * * * ** USFS Forest Land acreage was recalculated based on updated forest boundaries. TABLE 3: LATEST PROJECT COST ESTIMATES Project Number Right of Way Cost Construction Cost Project Cost R- 2530B: Tie to Alternative 1 $10,620,830 $26,100,000 $36,720,830 Tie to Alternative 4 $9,482,460 $26,100,000 $35,582,460 B -4974: - Alternative 1 $1,665,000 $14,700,000 $16,365,000 - Alternative 4 $1,588,150 $12,100,000 $13,688,150 R -2527 $3,089,790 $34,600,000 $37,689,790 Alternatives 2 and 3 were eliminated based on higher natural environmental impacts and the NCDOT Bridge Management Unit's recommendation to not replace Bridge No. 50 at this time. Bridges and Drainage Structures Table 4 below shows the bridges and drainage structures proposed for the major stream crossings in the alternatives under consideration within the R- 2530B, B -4974 and R -2527 project limits. 31 TABLE 4: Proposed Bridges and Drainage Structures (Major Stream Crossings) Site Stream under or Location on Flood Zone No. Railroad over NC 24 -27 Recommended Structure Status NC 24 -27 R- 2530B: 1 0.3 miles SE of the Retain and Extend 1 @ 87.5" X 68" NIA UT Mountain Creek NC 740 junction (87 "X63 ") CMPA 2 UT Mountain Creek 0 3 miles NW of the Retain and Extend 1 @ 6' X 6' RCBC NIA SR 1537 junction ° 3 UT Mountain Creek 0.05 miles SE of the Retain and Extend 1 .6' X 6' RCBC NIA SR 1731 junction B -4974: 4 0.2 miles SE of the Retain and Extend 1@ 7' X 7' NIA UT Pee Dee River SR 1778 junction Bottomless RCBC Pee Dee River 0.1 miles W of the Buiid a new 1135' bridge south of the Designated Flood 5 Alternative 1 NC 73 Junction existing bridges. Existing Bridge No. Hazard Zone 51 can remain in place. Pee Dee River 0.1 miles W of the Remove Bridge No. 51 and replace it Designated Flood 5 Alternative 4 NC 73 Junction with a new 1174' bridge. Existing Hazard Zone Bridge No. 50 will remain in lace. R -2527: 6 Rocky Creek 0.4 miles W of the Retain and Extend 2 (2 10 X 7 RCBC Designated Flood SR 1150 junction Hazard Zone 7 Rocky Creek 0.08 miles W of the 'unction Retain and Extend 2 9 X 7 RCBC Designated Flood SR 1150 �r�, Hazard Zone $ Clarks Creek 0.8 miles SW of the Retain and Extend 2 n 10 X 7 RCBC Designated Flood SR 1134 junction Hazard .Zone 9 UT Lick Fork Creek 0.5 miles NE of the 'unction Retain and Extend 7 X 7 RCBC Designated Flood SR 1134 Hazard Zone 10 UT Rocky Creek 0.2 miles W of the 'unction Retain and Extend I@ 7 X 5 RCBC N/A SR 1137 11 UT Rocky Creek 0.1 miles E of the Retain and Extend 1 @ 7 X 5 RCBC NIA SR 1137 junction 12 Rocky Creek 0.3 miles E of the Retain and Extend 3 a 9 X 9 RCBC Designated Flood SR 1137 junction Hazard Zone Near Norfolk Southern) 0.1 miles W of the Build a new 210' bridge and railroad 12 Aberdeen Carolina & NC 109 junction track west of the existing bridge. NIA Western Remove Bridge No. 14 13 Smith Branch Creek 0.4 miles NE of the 'unction Retain and Extend 1 g 8 X 8 RCBC NIA NC 109 Notes: UT — Unnamed Tributary RCBC — Reinforced Concrete Box Culvert CMPA — Corrugated Metal Pipe Arch 7 Compensatory Mitigation Compensatory mitigation will be required for project impacts to wetlands and streams. The applicant will investigate potential on -site stream and wetland mitigation opportunities. Compensatory mitigation requirements may also be fulfilled by using the North Carolina Ecosystem Enhancement Program or a nearby mitigation bank. Cultural Resources Historic Architectural Resources A Historical Architectural Survey Report was completed in 2000 for the R -2527 Area of Potential Effects (APE) in Montgomery County. This report recommended that there are no National Register- listed properties within the Area of Potential Effects (APE) and that the properties over 50 years old in the APE are not considered eligible for the National Register of Historic Places. A Historical Architectural Survey Report was completed in February 2005 for the R -2530B and B -4974 APE in Stanly County. This report recommended that the James B. Garrison Bridge (Swift Island Ferry Bridge) over the Pee Dee River, Bridge Number 51, is individually eligible for the National Register of Historic Places, The James B. Garrison Bridge (Swift Island Ferry Bridge) over the Pee Dee River is an open spandrel arch bridge and was built in 1927 -28 by Carolina Power and Light (CP &L) in cooperation with the Highway Commission to replace a bridge flooded by the raising of the Tillery Reservoir for a hydroelectric plant. The North Carolina Department of Cultural Resources, State Historic Preservation Office (HPO) concurred with the recommendations discussed in the 2000 report for project R- 2527. The HPO concurred with the recommendations discussed in the February 2005 report for projects R -2530B and B -4974 in a March 23, 2005 memorandum. The project may or may not adversely affect Bridge Number 51. The project will not adversely affect Bridge Number 51 if a new owner agrees to take ownership of the bridge. If no one agrees to take ownership over the bridge, the bridge will be removed and the project will adversely affect the historic property. Archeological Resources An Intensive Archaeological Survey and Evaluation (Phase I and II) report was completed in August 2006 for the R -2530B portion of the project study area in Stanly County. This investigation recommended that only one site (31ST195) was individually eligible for listing in the National Register of Historic Places (NRHP) under criterion [d] of 36 CFR 60.4, and three sites (31 ST195, 31 ST196 and 31 ST204/204) were eligible for listing in the 8 NRHP as an archaeological district under criterion [a] and [d] of 36 CFR 60.4 (sites 31 ST 196 and 31 ST204/204 are not considered to be individually eligible for the NRHP). Two historic cemeteries were also documented during the course of field investigations but are not recommended as eligible for the NRHP as individual archaeological resources. Avoidance is recommended for both of the cemeteries and all of the site components to the proposed archaeological district. The North Carolina Department of Cultural Resources, State Historic Preservation Office (HPO) concurred with the recommendations discussed in the August 2006 report in a March 29, 2007 memorandum. This memorandum also recommended that if avoidance is not possible, then data recovery excavations be conducted at 31 ST195 and additional laboratory analyses be undertaken with archaeological materials recovered from sites 31 ST 196 and 31 ST204/204. An Intensive Archaeological Survey and Evaluation (Phase I and II) report was completed in March 2008 for the R -2527 portion of the project study area in Montgomery County. This investigation recommended that three sites (31MG321, 3IMG1629 and 31MG1806) were eligible for listing in the National Register of Historic Places (NRHP) under criterion [d] of 36 CFR 60.4. Avoidance is recommended for these three sites. If avoidance is not possible, then mitigation of effects (including data recovery excavations) will be required at these sites prior to ground disturbing activities. The North Carolina Department of Cultural Resources, State Historic Preservation Office (HPO) has concurred with the recommendations discussed in the March 2008 report in a April 8, 2008 memorandum. Endangered Species The US Fish and Wildlife Service (USFWS) lists three federally protected species for Montgomery and Stanly Counties. Table 4 provides a list of the federally protected species and a description of the effects the project may have each species. Project Portion & Common Name Federal Habitat Biological County Status Present? Conclusion R -2530B & R -2527 - Schweinitz's Sunflower E Yes May Affect, Likely to Stanl / Montgomery dversel Affect R -2527 - Montgomery Smooth Coneflower E Yes No Effect R -2527 - Montgomery Red - cockaded Woodpecker E No No Effect Sunflower surveys were conducted in October 2011 within the project study areas. A population of Schweinitz's sunflowers was identified on the southwest side of NC 24 -27 within the R -2530B portion of the project. Fifty -five stems were observed in addition to a few seedlings. Schweinitz's sunflowers were also found in the study corridor along the railroad tracks south of NC 24 -27 within the R -2527 portion of the project. E The USFWS lists Georgia Aster and Yadkin River Goldenrod as Candidate species for Montgomery and Stanly Counties. During an October 2011 environmental survey, a population of Georgia asters was found along NC 24 -27 in Stanly County. Due to the presence of Schweinitz's sunflower within the project area, the project will likely adversely affect the plant. Additional surveys will likely be conducted prior to project construction and coordination and consultation with the USFWS will be required. Evaluation The decision whether to issue a permit (which will come after the Least Environmentally Damaging Practicable Alternative Corridor is selected) 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. Any comments received will be considered by the Corps of Engineers to select the least environmentally damaging practicable alternative (LEDPA). 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 a Corps of Engineers 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. 10 Written comments pertinent to the proposed work, as outlined above, will be received by the Corps of Engineers, Wilmington District, until 5pm, July 30, 2012. Comments should be submitted to Mr. Ronnie D. 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