HomeMy WebLinkAbout20130743 Ver 1_Public Notice_20130815 PUBLIC NOTICE
Issue Date: August 14, 2013
Comment Deadline: September 13, 2013
Corps Action ID Number: SAW -2004 -30631 TIP Project No. R -2519B
The Wilmington District, Corps of Engineers (Corps) received an application from the North
Carolina Department of Transportation (NCDOT) seeking Department of the Army authorization
to impact waters of the U.S. associated with widening approximately 7.5 miles of US Highway
19 E from SR 1186 , west of Micaville in Yancey County , to the existing multilane section west
of Spruce Pine in Mitchell County, North Carolina. The project would result in permanent
impact s to approximately 7,256 linear feet (lf) of stream and 0.15 acre of wetland, and temporar y
impact s to 1,360 lf of stream and <0.01 acre of surface waters.
Specific plans and location information are described below . There are 114 permit drawings/plan
sheets for this project. To review these plans, as well as the mitigation plan and associated
drawings, please see the link below or review the m in p erson at the Asheville Regulatory Field
Office. This Public Notice and all plans are available on the Wilmington District Web Site at
http://www.saw.usace.army.mil/Mission s/RegulatoryPermitProgram.aspx
Applicant: North Carolina Department of Transportation
Attn: Mr. Phil Harris
Project Development and Environmental Analysis Unit
Natural Environment Section
1598 Mail Service Center
Raleigh, N orth Carolina 27 699 -1598
Authority
The Corps evaluate s this application and decide s whether to issue, conditionally issue, or deny
the proposed work pursuant to applicable procedures of the following Statutory Authorities:
Section 404 of th e Clean Water Act (33 U.S.C. 1344 )
Section 10 of the Rivers and Har bors Act of 1899 (33 U.S.C. 403 )
Section 103 of the Marine Protection, Research and Sanctua ries Act of 1972 (33
U.S.C. 1413)
US Army Corps
Of Engineers
Wilmington District
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Location
T he project corridor i s 7.5 miles in length and runs along US 19 E from SR 1186, west of
Micaville in Yancey County, and ends at the existing multilane section of US 19E, west of
Spruce Pine in Mitchell County (Enclosure 1).
Project Length : approximately 7.5 miles
Neares t Town (s): Micaville in Yancey County and Spruce Pine in Mitchell County
Nearest Waterway: Little Crabtree Creek, Big Crabtree Creek, Long Branch, Brushy Creek,
English Creek, and Ayles Creek, Phipps Creek, the South Toe River, and unnamed tributaries.
R i ver Basin: French Broad
Latitude and Longitude: 35.9016 N, -82.1441 W
Existing Site Conditions
The project is located in the Blue Ridge physiographic province of western North Carolina . The
topography in the project area is generally characterized as roll ing hills with steeply sloping,
deeply cut drainage ways. Elevations range from 2,600 to 3,000 feet above mean sea level.
Surrounding land uses include agricultural, residential, commercial, and forested lands.
There are thirty -two (32) soil mapping un its ident ified within the project area. Only one of these
soils, Nikwasi sandy loam, is listed as a hydric soil for Yancey County. No hydric soils a re listed
for Mitchell County. Of the remaining thirty -one (31) non -hydric soils, eight are known to
include hydric soils in depressions.
The project site is located within sub -basin 040306 of the French Broad River Basin Watershed
(HUC 06010108). Little Crabtree Creek, Big Crabtree Creek, Long Branch, Brushy Creek,
English Creek, and Ayles Creek and their trib utaries have the NC Division of Water Quality’s
(NCDWQ) stream classification of C; Tr. The South Toe River is classified as B;Tr and is
designated as an Outstanding Resource Water (ORW). No streams within the project area are
designated as North Carolina Natural and Scenic Rivers or as National Wild and Scenic Rivers .
In 2008, NCDOT received authorization to impact waters of the U.S. along 21 miles of US
Highway 19/19E under TIP Numbers R -2518A, R -2518B, and R -2519A. This project, TIP No.
R -2519B, connec ts to R -2519A near Micaville in Yancey County.
Applicant’s Stated Purpose
According to the applicant, the purpose of the project is to increase traffic capacity, correct
roadway deficiencies, and provide system linkage along US 19E.
Project Descripti on
The following description of the work is taken from data provided by the applicant. In order to
widen the existing two lane road to a mul ti -lane facility along the 7.5 mile project corridor, the
applicant would place fill material in waters of the U.S. Existing drainage structures and
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waterway conveyances would need to be extended, replaced, or relocated. There are nine (9)
reinforced concrete box culverts on this project. There are two (2) bridges on this project; one
over the South Toe River [occupie d critical habitat for the Appalachian elktoe (Alasmidonta
raveneliana )] and one over Big Crabtree Creek. Six sites would require stream relocation. Plans
submitted with the application show the placement of fill material which would permanently
impact 7,256 linear feet (lf) of stream and 0.15 acre of wetland, and temporarily impact 1,360 lf
of stream and <0.01 acre of surface waters (a pond) along the project corridor . The fill material
would primarily consist of culverts, pipes, soil , rip rap, causeways , and bridge piers.
Avoidance and Minimization
The applicant provided the following a voidance and minimization measures which were
incorporated as part of the project design. These measures include:
• Junction boxes will be utilized at several sites to dissipate energy and reduce outlet
velocities.
• Hazardous spill basins will be located on both b anks of the South Toe River crossing to
minimize impacts to the river and endangered species.
• Dry detention basins will be employed at th ree sites to minimize er osive stormwater
flows.
• Preformed scour holes will be utilized at three sites to attenuate and disperse stor m water
flow.
• Design Standards in Sensitive Watersheds will be implemented throughout the project.
• The new bridges at the South Toe River crossing ha ve been designed to largely span the
river except for two bents which would be located a the edge o f the water.
• Sills would be used in the outer barrels at the Brushy Creek crossing with baffles in the
center barrel.
• Design for the new South Toe River brid ges would eliminate deck drains while directing
runoff to grassed swales/hazardous spill basins.
• The amount of temporary impacts to streams at the Sough Toe River crossing has been
reduced through redesign from 0.22 acre to 0.15 acre.
• 2,957 lf of mitigatio n credit is proposed for onsite mitigation/natural stream design .
Compensatory Mitigation
In order to offset unavoidable functional losses to the aquatic environment, the applicant
proposes to perform onsite mitigation and p rovid e payment into the North Carolina Ecosystem
Enhancement Program (NCEEP). NCDOT proposes to generate 2,957 lf of onsite stream
mitigation and purchase 3,788 lf of cold stream mitigation units and 0.15 acre of riparian wetland
mitigation units in the French Broad River Basin (HUC 06 010108) from the NCEEP.
Essential Fish Habitat
Pursuant to the Magnuson -Stevens Fishery Conservation and Management Act, this Public
Notice initiates the Essential Fish Habitat (EFH) consultation requirements. The Corps’ initial
determination is that the proposed project will not affect EFH or associated fisheries managed by
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the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine
Fisheries Service.
Cultural Resources
Because the project does not utilize federal funds, the Corps is the lead federal agency with
respect to compliance with Section106 of the National Historic Preservation Act (NHPA) of
1966. Pursuant to Section 106 of the N HPA, Appendix C of 33 CFR Part 325, and the 2005
Revised Interim Guidance for Implementin g Appendix C, the District Engineer consulted district
files and records, the latest published version of the National Register of Historic Places
(NRHP), and consulted with the North Carolina State Historic Preservation Office (NCSHPO).
Historic Archite cture - the Corps determined that the project would have no effect on the
Micaville Historic District and no adverse effect on the Huskins House, provided that NCDOT
creates a grassy slope in front of the house that is easily maintainable by the property o wner; any
permit that may be issued for this project would include this as a special condition. The NC
SHPO concurred with the no effect determination on April 19, 2005, and the no adverse effect
determination on June 28, 2005 .
Archaeological Sites – the Corps determined that the project would have an adverse effect on
archaeological sites 31YC31, 31YC183, and 31ML80; these properties have been determined
eligible for listing on the NRHP. A Memorandum of Agreement titled “Memorandum of
Agreement Between th e Department of the Army, Corps of Engineers and the State Historic
Preservation Officer for US 19E Improvements to a Multilane Facility between Micaville and
Spruce Pine Yancy (sic) and Mitchell Counties, North Carolina Transportation Improvement
Project R -2519B” was signed by the Corps, the Eastern Band of Cherokee Indians, NC SHPO,
and NCDOT in June 2012 , and was then filed with the Advisory Council on Historic
Preservation.
Endangered Species
Because the project does not utilize federal funds, the Co rps is the lead federal agency with
respect to compliance with Section 7 of the Endangered Species Act (ESA) of 1973.
The South Toe River in the project corridor is federally designated and occupied critical habitat
for the Appalachian elktoe mussel (Al asmidonta raveneliana ).
The Corps initiated c onsultation with the U.S. Fish and Wildlife Ser vice (USFWS) fo r TIP
Numbers R -2518A , R -2518B, R -2519A , and R -2519B in 2007. No permanent impacts to the
South Toe River were proposed by NCDOT because they beli eved that the bridges could be
constructed to span the river. The USFWS issued a biological opinion (BO) on March 14, 2008,
and an amendment to the BO on January 9, 2009 . Currently, c onstruction on the R -2518A, R -
2518B, and R -2519A project s has either bee n completed or is underway .
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During planning of the current project, R -2519B, NCDOT determined that spanning the South
Toe River completely is not possible. Due to the new information concerning permanent
impacts to the South Toe River from two (2) bri dge piers (31.8 ft 2 ), the Corps reinitiated
consultation with the USFWS on March 29, 2013. The USFWS issued an Amendment to the BO
on August 1, 2013. As noted in this amended BO, the document updates and clarifies the
activities associated with constructi ng the new bridges over the South Toe River (only) and
reassesses the impact on the Appalachian elktoe and its designated critical habitat. Additionally,
the USFWS note d that the project, as proposed, is not likely to jeopardize the continued
existence of the Appalachian elktoe or adversely modify its designated critical habitat.
Other Required Authorizations
The Corps forwards t his notice and all applicable application materials to the appropriate State
agencies for review.
North Carolina Division of Water Quality (NCDWQ): The Corps will generally not make a
final permit decision until the NCDWQ issues, denies, or waives State Certification required by
Section 401 of the Clean Water Act (PL 92 -500). The receipt of the application and this public
notic e combined with appropriate application fee at the North Carolina Division of Water
Quality Central Office in Raleigh constitute s initial receipt of an application for a 40 1 Water
Quality Certification. A waiver will be deemed to occur if the NCDWQ fails t o act on this
request for certification within sixty days of the date of the receipt of this notice in the NCDWQ
Central Office. Additional information regarding the Clean Water Act C ertification may be
reviewed at the NCDWQ Central Office, Transportation Permitting Unit, 512 North Salisbury
Street , Raleigh, North Carolina 27604 -2260. All persons desiring to make comments regarding
the application for certification under Section 401 of the Clean Water Act should do so , in
writing , by September 13, 2013 t o:
NCDWQ Central Office
Attention: Ms. Amy Chapman
(USPS mailing address): 1650 Mail Service Center, Raleigh, NC 27699 -1650
Or,
(physical address): 512 North Salisbury Street , Raleigh, North Carolina 27604
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 utili zation of important resources. The b enefit
which reasonably may be expected to accrue from the proposal must be balanced against its
reas onably foreseeable detriments. All factors which may be relevant to the proposal will be
considered including the cumulative effects thereof; among those a re conservation, economics,
aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife
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values, flood hazards, flood plain values (in accordance with Executive Order 11988), land use,
navigation, shoreline erosion and acc retion, recreation, water supply and conservation, water
quality, energy needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the ne eds and welfare of the people. For activities involving
the disch arge 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 Cor ps of Engineers is soliciting comments from the public; Federal, State and local agencies
and officials, including any consolidate d State Viewpoint or written position of the Governor;
Indian Tribes and other interested parties in order to consider and eva luate 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 d eny 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 Environment al 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 hel d 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 D istrict Engineer determines that the issues raised are insubstantial or there is
otherwise no valid interest to be served by a hearing.
The Corps, Wilmington District will receive written comments pertinent to the proposed work,
as outlined above, until 5 pm , September 13, 2013. Comments should be submitted to Lori
Beckwith, Asheville Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville, North
Carolina 28801 -5006, at (828) 271 -7980, ext. 223.