20210307 Ver 1_SAW-2020-00079-PN_20210827

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' � ' ' • PUBLIC NOTICE
US Army Corps
Of Engineers
Wilmington District
Issue Date: August 18, 2021
Comment Deadline: September 17, 2021
Corps Action ID Number: SAW-2020-00079
The Wilmington District, Corps of Engineers (Corps) received an application from the
North Carolina Department of Transportation (NC DOT) seeking Department of the
Army authorization to discharge dredged or fill material into waters of the United States,
associated with the proposed widening of SR 1102 (Gillis Hill Road) from US Highway
401 (Raeford Road) to SR 1418 (Lindsay Road), in Cumberland and Hoke Counties,
North Carolina. The proposed project is included in the approved 2020-2029 North
Carolina State Transportation Improvement Program (STIP), project number STIP: U-
5798.
Specific plans 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:
https://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Public-Notices/
Applicant: NC Department of Transportation
Environmental Analysis Unit
Mr. Phillip S. Harris, Ill, P.E.
1598 Mail Service Center
Raleigh, North Carolina 27699
Authority
The Corps evaluates this application and decides whether to issue, conditionally issue,
or deny the proposed work pursuant to applicable procedures of the following Statutory
Authorities:
® Section 404 of the Clean Water Act (33 U.S.C. 1344)
Location
Location Description:
Project Area (acres): 149 acres Nearest Town: Fayetteville
Nearest Waterway: Little Rockfish Creek River Basin: 03030004
Latitude and Longitude: 35.011183 N, -79.055905 W
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Existing Site Conditions
The project is located in the Cape Fear River Basin and lies within Hydrologic Unit
03030004, and within the southern inner coastal plain physiographic region. Within the
project area, Gillis Hill Road is a two-lane facility. The landscape in the immediate
surrounding area consists of mainly agricultural and/or forested lands, with a few single-
family residential homes along the roadway, and commercial development at the
northern most extent of the project (near the intersection of Gillis Hill Road and US
Highway 401/Raeford Road). The project crosses Little Rockfish Creek, Stewarts
Creek, unnamed tributaries, and multiple wetlands.
Applicant's Stated Purpose
The purpose and need for the proposed action is to reduce congestion on SR 1102
(Gillis Hill Road) and in the vicinity of the Rockfish community. The project will also
replace the structurally deficient and functionally obsolete Bridge No. 250075 over Little
Rockfish Creek.
Project Description
STIP Project U-5798 proposes to widen SR 1102 (Gillis Hill Road) in Cumberland and
Hoke Counties. The existing two-lane road is proposed to be widened to a four-lane,
median-divided facility. U-5798 will be divided into two sections, U-5798A and U-5798B:
U-5798A - Section A proposes to widen SR 1102 (Gillis Hill Road) to a curb and gutter
facility with four 12-foot lanes and a 17.5' raised median from north of SR 1112 (Stoney
Point Road) to US 401 (Raeford Road). This section of the project will also include the
replacement of the existing Bridge No. 250075 over Little Rockfish Creek. Section A
proposes to include 4-foot bike lanes and 5-foot sidewalks on each side of the roadway.
Section A Impacts (Final Design):
Proposed permanent impacts to jurisdictional resources total 232 linear feet of impact to
streams and 0.63 acre of permanent impact to riparian wetlands. Of this wetland impact
0.50 acre is permanent fill, 0.09 acre mechanized clearing, and <0.01 acre of
excavation. Additionally, 0.31 acre of hand clearing is proposed. Utility relocation will
result in an additional 0.04 acre of permanent wetland impact (0.04 ac. fill and <0.01
mechanized clearing) and 0.13 acre of hand clearing.
U-5798B - Section B proposes to widen SR 1102 (Gillis Hill Road) to a graded shoulder
section with four 12-foot lanes and a 17.5' raised median with a 4-foot paved shoulder.
The project will begin at SR 1418 (Lindsay Road) and end at North of SR 1112 (Stoney
Point Road).
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Section B (Preliminary Design):
Proposed preliminary impacts to jurisdictional resources total 0.84 acre to riparian
wetlands and 815 linear feet to steams. Potential impacts due to utility relocation are
included within these impact amounts.
Currently, U-5798A is scheduled to Let March 15, 2022, however the applicant states
that this project may be accelerated. U-5798B is scheduled to Let on February 18,
2025.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or
minimize impacts to the aquatic environment: All jurisdictional features were delineated,
field verified and surveyed within the corridor for U-5798. Using these features,
preliminary designs were adjusted to avoid and/or minimize impacts to jurisdictional
resources. NCDOT employs many strategies to avoid and minimize impacts to
jurisdictional areas in its designs. Many of these strategies have been incorporated into
Best Management Practice documents that have been reviewed and approved by the
resource agencies and which will be followed throughout construction. All wetland areas
not affected by the project will be protected from unnecessary encroachment. Individual
avoidance and minimization items are as follows:
• Proposed bridge replacements will contain no deck drains
• The bridges will have two catch basins located at the end of the approach slab to
collect deck drainage with an outlet on the downstream side, into a proposed
ditch.
• Riprap pads will be used at the outlets to reduce velocities into wetlands
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment: The Department has acquired the
compensatory mitigation for these unavoidable impacts from the North Carolina
Department of Environmental Quality (NCDEQ)-Division of Mitigation Services (DMS)
for both the A section and the preliminary impacts presented for Section B.
Essential Fish Habitat
The Corps' determination is that the proposed project would not effect EFH or
associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management
Councils or the National Marine Fisheries Service.
Cultural Resources
Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C
of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix
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C, the District Engineer consulted district files and records and the latest published
version of the National Register of Historic Places and initially determines that:
® Historic properties, or properties eligible for inclusion in the National Register, are
present within the Corps' permit area; moreover, the undertaking may have an
adverse effect on these historic properties.
*A Memorandum of Agreement (MOA) between the Corps, the NC DOT, and the
NC State Historic Preservation Office was signed on March 30, 2020 (ER 19-
1847) which addresses impacts and mitigative measures from this undertaking to
National Register of Historic Places (NRHP) eligible resources. With the signing
of this MOA, the Corps considers this consultation to be complete.
Endangered Species
Pursuant to the Endangered Species Act of 1973, the Corps reviewed the project area,
examined all information provided by the applicant and consulted the latest North
Carolina Natural Heritage Database. Based on available information:
7 The Corps determines that the proposed project may affect federally listed
endangered or threatened species or their formally designated critical habitat.
The US Fish and Wildlife Service has developed a programmatic biological
opinion (PBO) in conjunction with the Federal Highway Administration (FHWA),
the US Army Corps of Engineers (USACE), and NCDOT for the northern long-
eared bat (NLEB) (Myotis septentrionalis) in eastern North Carolina. The PBO
covers the entire NCDOT program in Divisions 1-8, including all NCDOT projects
and activities. The programmatic determination for NLEB for the NCDOT
program is "May Affect, Likely to Adversely Affect." The PBO provides incidental
take coverage for NLEB and will ensure compliance with Section 7 of the
Endangered Species Act for five years for all NCDOT projects with federal nexus
in Divisions 1-8, which includes this project.
Other Required Authorizations
The Corps forwards this notice and all applicable application materials to the
appropriate State agencies for review.
North Carolina Division of Water Resources (NCDWR):
The applicant has satisfied all the requirements necessary for a complete 401
certification request, including a request for a pre-filing meeting 30 days prior to
submitting their 404/401 application. The receipt of the application and this
public notice, combined with the appropriate application fee, at the NCDWR
Central Office in Raleigh constitutes initial receipt of an application for a 401
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Certification. The Corps will generally not make a final permit decision until the
NCDWR issues, denies, or waives the state Certification as required by Section
401 of the Clean Water Act (PL 92-500). Unless NCDWR is granted a time
review extension, a waiver will be deemed to occur if the NCDWR fails to act on
this request for certification within sixty days of the date of this public notice.
Additional information regarding the 401 Certification may be reviewed at the
NCDWR Central Office, Permitting Unit, 512 North Salisbury Street, Raleigh,
North Carolina 27604-2260. All persons desiring to make comments regarding
the application for a 401 Certification should do so, in writing, by September 8,
2021 to:
NCDWR Central Office
Attention: Ms. Amy Chapman, Transportation Permitting Unit
(USPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699-
1617
Or,
(physical address): 512 North Salisbury Street, Raleigh, North Carolina
27604
North Carolina Division of Coastal Management (NCDCM):
X Based upon all available information, the Corps determines that this application
for a Department of Army (DA) permit does not involve an activity which would
affect the coastal zone, which is defined by the Coastal Zone Management
(CZM) Act (16 U.S.C. § 1453).
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.
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Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials, including any consolidated 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 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 will 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.
The Corps of Engineers, Wilmington District will receive written comments pertinent to
the proposed work, as outlined above, until 5pm, September 17, 2021. Comments
should be submitted to Ms. Liz Hair at email address: [e-mail],
telephone: [phone], or hard copy submitted to Wilmington Regulatory Field Office,
69 Darlington Avenue, Wilmington, North Carolina 28403 .
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