20210927 Ver 1_FINAL_SAW-2021-00067 Public Notice_20210816_20211124

II
' � ' ' PUBLIC NOTICE
US Army Corps
Of Engineers
Wilmington District
Issue Date: August 16, 2021
Comment Deadline: September 15, 2021
Corps Action ID Number: SAW-2021-00067
The Wilmington District, Corps of Engineers (Corps) received an application from Mr.
George Radford at the United States Marine Corps Air Station (MCAS) Cherry Point
seeking Department of the Army authorization to fill 6.13 acres of wetlands, 0.12 acres
of jurisdictional tributaries (ditches), and 242 linear feet of stream, associated with
relocating and widening Slocum Road from two lanes to four lanes and construct an
additional concrete two-lane bridge with a pedestrian lane over Slocum Creek, in
Craven County, North Carolina.
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/Requlatory-Permit-Program/Public-Notices/
Applicant: United States Marine Corps Air Station Cherry Point
Attn: Mr. George Radford
Environmental Affairs Department, MCAS
PSC Box 8006
Cherry Point, North Carolina 28533
AGENT (if applicable): Mr. Jason Hartshorn
Kimley-Horn
421 Fayetteville Street, Suite 600
Raleigh, North Carolina 27616
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)
❑ Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)
❑ Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33
U.S.C. 1413)
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Location
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Project Area (acres): 64 Nearest Town: City of Havelock
Nearest Waterway: Slocum Creek River Basin: Neuse
Latitude and Longitude: 34.916031 N, -76.923011 W
Existing Site Conditions
The approximately 64-acre project area of Project P134 Perimeter Security Compliance,
Slocum Road Entry Control Facility (Project P134) is primarily composed of
undeveloped forested areas and riparian corridors associated with Slocum Creek and
an Unnamed Tributary (UT) to Slocum Creek. In addition, the project area includes
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existing roadway right-of-way along Alexander Road and Slocum Road on the eastern
and western sides of Slocum Creek. Residential housing within a suburban landscape is
located south of the Project. The proposed project is located entirely within the MCAS
Cherry Point installation and zoned as Military Reserve (MR).
Applicant's Stated Purpose
The purpose of Project P134 is to provide security, safety, and transportation
improvements along Slocum Road to sustain mission capability. Project P134 proposes
to widen Slocum Road from two lanes to four lanes and relocate the road to better
comply with Explosive Safety Quantity Distance (ESQD) criteria regarding Public
Transportation Routes (PTR), provide an additional two-lane bridge adjacent to the
existing two-lane bridge over Slocum Creek, and provide improved gate and inspection
facilities. The purpose of this project is to enhance the flow of mobilizing forces to the
Aerial Port of Embarkation (APOE), provide proper inspection facilities for commercial
vehicles entering the Air Station, enhance the service of ordnance deliveries to MCAS
Cherry Point ordnance areas, and upgrade the entrance and traffic controls to meet
current safety and security requirements in order to quickly and efficiently process
inbound traffic on Slocum Road and stop unauthorized vehicles from entering MCAS
Cherry Point.
Project Description
Project P134 proposes to widen Slocum Road from two lanes to four lanes while also
relocating Slocum Road to better comply with ESQD criteria and would construct an
additional concrete two lane bridge with a pedestrian lane on a parallel alignment
immediately south of the existing two-lane bridge over Slocum Creek. Along the
realigned and widening Slocum Road, the improved Entry Control Facility (ECF) would
be located to install safer and more secure gates and vehicle inspection facilities. The
new ECF would serve as the main entrance and exit point into and out of MCAS Cherry
Point in Craven County, North Carolina.
The new ECF would include a visitor control center, gate house, four sentry booths,
main gate inspection canopies, overwatch defensive fighting position, a truck/POV
inspection office, and a concrete two-lane bridge with a pedestrian lane over Slocum
Creek. The roadway section of the improvement adds two lanes to serve Slocum Road
traffic, as well as providing access from staff housing from Alexander Road south of the
ECF. The new roadway will begin at the eastern terminus of the air station near the
NCDOT overpass at US Highway 70 and will terminate at the intersection with
Roosevelt Boulevard.
The proposed impacts associated with the Project P134 include 6.13 acres of
permanent wetland impacts, 0.12 acres of permanent jurisdictional tributaries (ditches)
impacts, and 242 linear feet of permanent stream impacts.
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Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or
minimize impacts to the aquatic environment: The Preferred Alternative has been
shifted as far south as practicable to avoid additional impacts to Stream S1 and utilize
existing roadway corridors along Alexander Road to the extent practicable. Stormwater
control features have also been located along the south side of the proposed roadway
alignment to avoid placing them in wetlands along the Project. Retaining walls have
been utilized where practicable to tighten fill slopes and minimize impacts associated
with larger fill slopes along the proposed road. To avoid impacts to Slocum Creek and
the coastal wetlands along its banks, the proposed bridge abutments have been
designed to entirely span these coastal wetlands and avoid impacts. The construction of
a new parallel bridge as close to the existing Slocum Road bridge further minimizes
impacts by expanding existing abutments and fill areas rather than creating new impact
areas in a new location on Slocum Creek. Of the wetland impacts proposed, most of the
impacts are associated with pine flat wetlands and are impacting areas that have been
historically managed for timber production and recently clear-cut. The coastal wetlands
have been entirely avoided by the Project, and the higher quality riverine wetland
systems have been minimized to the extent practicable by utilizing as much of the
existing roadway crossings of these systems as practicable, reducing new impact areas
that would result from a new location crossing.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment: MCAS Cherry Point proposes to provide
mitigation for all permanent stream and wetland impacts within the Project by payment
into the NC Division of Mitigation Services (NCDMS) In-Lieu Fee (ILF) Program.
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.
❑ This notice initiates the Essential Fish Habitat (EFH) consultation requirements of
the Magnuson-Stevens Fishery Conservation and Management Act.
Implementation of the proposed project would impact (CHOOSE ALL THAT
APPLY- marine substrate, estuarine substrate, water columns, emergent
wetlands, submerged aquatic vegetation, artificial reefs, hardbottoms) (see
project description) utilized by various life stages of the following species:
(CHOOSE ALL THAT APPLY — coastal migratory pelagics, corals, golden crab,
shrimp, snapper grouper, spiny lobster, Atlantic highly migratory species). Our
initial determination is that the proposed action would not have a substantial
individual or cumulative adverse impact on EFH or fisheries managed by Fishery
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Management Councils and the National Marine Fisheries Service (NMFS). Our
final determination relative to project impacts and the need for mitigation
measures is subject to review by and coordination with the NMFS.
® The Corps will consult under the Magnuson-Stevens Act and will not make a
permit decision until the consultation process is complete.
❑ The Corps has initiated consultation the Magnuson-Stevens Act and will not
make a permit decision until the consultation process is complete.
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
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:
❑ Should historic properties, or properties eligible for inclusion in the National
Register, be present within the Corps' permit area; the proposed activity requiring
the DA permit (the undertaking) is a type of activity that will have no potential to
cause an effect to historic properties.
® No historic properties, nor properties eligible for inclusion in the National
Register, are present within the Corps' permit area; therefore, there will be no
historic properties affected. The Corps subsequently requests concurrence from
the SHPO (or THPO).
❑ Properties ineligible for inclusion in the National Register are present within the
Corps' permit area; there will be no historic properties affected by the proposed
work. The Corps subsequently requests concurrence from the SHPO (or THPO).
❑ Historic properties, or properties eligible for inclusion in the National Register, are
present within the Corps' permit area; however, the undertaking will have no
adverse effect on these historic properties. The Corps subsequently requests
concurrence from the SHPO (or THPO).
❑ 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. The Corps subsequently initiates
consultation with the SHPO (or THPO).
❑ The proposed work takes place in an area known to have the potential for the
presence of prehistoric and historic cultural resources; however, the area has not
been formally surveyed for the presence of cultural resources. No sites eligible
for inclusion in the National Register of Historic Places are known to be present
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in the vicinity of the proposed work. Additional work may be necessary to identify
and assess any historic or prehistoric resources that may be present.
The District Engineer's final eligibility and effect determination will be based upon
coordination with the SHPO and/or THPO, as appropriate and required, and with full
consideration given to the proposed undertaking's potential direct and indirect effects on
historic properties within the Corps-identified permit area.
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:
❑ The Corps determines that the proposed project would not affect federally listed
endangered or threatened species or their formally designated critical habitat.
® The Corps determines that the proposed project
may affect, not likely to adversely affect federally listed endangered or threatened
species or their formally designated critical habitat.
❑ By copy of this public notice, the Corps initiates consultation under Section 7
of the ESA and will not make a permit decision until the consultation process is
complete.
® The Corps will consult under Section 7 of the ESA and will not make a permit
decision until the consultation process is complete.
❑ The Corps has initiated consultation under Section 7 of the ESA and will not
make a permit decision until the consultation process is complete.
❑ The Corps determines that the proposed project
may affect, not likely to adversely affect federally listed endangered or threatened
species or their formally designated critical habitat. Consultation has been
completed for this type of activity and the effects of the proposed activity have
been evaluated and/or authorized by the National Marine Fisheries Service
(NMFS) in the South Atlantic Regional Biological Opinion or its associated
documents, including 7(a)(2) & 7(d) analyses and Critical Habitat assessments. A
copy of this public notice will be sent to the NMFS.
❑ The Corps is not aware of the presence of species listed as threatened or
endangered or their critical habitat formally designated pursuant to the
Endangered Species Act of 1973 (ESA) within the project area. The Corps will
make a final determination on the effects of the proposed project upon additional
review of the project and completion of any necessary biological assessment
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and/or consultation with the U.S. Fish and Wildlife Service and/or National
Marine Fisheries Service.
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 did not provide or satisfy all 9 elements required for a complete
401 certification request. Therefore, the 401 Certification process has not
started. 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).
® 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). 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
Certification. 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 120 days of the date of this public notice. Additional information regarding
the 401 Certification may be reviewed at the NCDWR Central Office,
401 and Buffer 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 December 14,
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):
® The application did not include a certification that the proposed work complies
with and would be conducted in a manner that is consistent with the approved
North Carolina Coastal Zone Management Program. Pursuant to 33 CFR 325.2
(b)(2) the Corps cannot issue a Department of Army (DA) permit for the proposed
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work until the applicant submits such a certification to the Corps and the
NCDCM, and the NCDCM notifies the Corps that it concurs with the applicant's
consistency certification. As the application did not include the consistency
certification, the Corps requests, via this Public Notice concurrence or objection
from the NCDCM.
❑ 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.
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
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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 15, 2021. Comments
should be submitted to Ms. Emily Thompson, Washington Regulatory Field Office,
2407 West Fifth Street , Washington, North Carolina 27889, at [phone].
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