20140090 Ver 1_Public Notice_20140214

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PUBLIC NOTICE
Issue Date: February 14, 2014
Comment Deadline: March 14, 2014
Corps Action ID #: SAW- 2008 - 03183'
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 permanently impact 9,800 linear feet of jurisdictional stream
channel, an additional 1,553 linear feet of temporary stream channel impact, permanently
impact 1.96 acres of jurisdictional wetlands, and 4.36 acres of open water impact (ponds),
associated with the proposed construction of the Winston -Salem Northern Beltway Eastern
Section from US 158 to 1 -40 Bus /US 421 (Section B for a total of 3.4 miles), east of Winston -
Salem, in Forsyth County, North Carolina. The NCDOT has identified this project as TIP
U- 257913.
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:
http• / /www saw usace.army.miI/ Missions/ RegulatoryPermitProgram /PublicNotices.aspx
Applicant: North Carolina Department of Transportation, Division of Highways
Attn: Richard Hancock
1598 Mail Service Center
Raleigh, North Carolina 27699 -1598
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)
Location
Directions to Site: The proposed site is a new alignment linear transportation corridor
from US 158 running southeast to an new interchange with I -40 Bus/US421 that includes
widening up- grades at the existing 1 -40 Bus/US 421'alignment associated with the
proposed new interchange, located east of Winston - Salem, Forsyth County, North
Carolina.
Project Area (acres): 200 Nearest Town: Winston -Salem
Nearest Waterway: Kerners Mill Creek & Lowery Creek River Basin: Yadkin
Latitude and Longitude: 36.1178311N,-80.1380434W
Existing Site Conditions
Existing land uses in the project corridor are primarily rural - residential, interspersed with
scattered commercial and industrial development along the major traffic arteries with a
concentration of commercial and industrial development at the 1 -40 Bus / US 421
interchange.
This project lies within the Piedmont Physiographic Province in the Yadkin River
Basin (Hydrologic Unit Code 03040101). Jurisdictional features within the U -2579B
project study area that will be impacted include 7 unnamed tributaries (UT) to Lowery
Mill Creek ( NCDWR Classification WS -III; NCDWR Index No. 12- 94- 12- 3- [0.5]),
Martin Mill Creek and 4 UTs to Martin Mill Creek ( NCDWQ Classification WS -III;
NCDWQ Index No. 12- 94- 12 -3 -1), Kerners Mill Creek and 1 UT to Kerners Mill Creek
( NCDWR Classification WS -III; Index No. 12- 94- 12- 2- [0.3]), Smith Creek and 11 UTs
to Smith Creek ( NCDWQ Classification WS -III; NCDWQ Index No. 12- 94- 12 -2 -1),
and Fishers Branch and 2 UTs to Fishers Branch ( NCDWR Classification WS -III;
NCDWR Index No. 12- 94- 12- 2- 2 -[1]), 5 ponds, and 17 riparian wetlands.
There are no designated Outstanding Resource Waters (ORW), High Quality Waters
(HQW), Water Supply I (WS- 1),,or Water Supply 11(WS -11) waters within 1.0 mile of
the project area. No waters within the project area and within a mile of the project area
are listed on the 2012 303(d) Final List of Impaired Waters of North Carolina
Applicant's Stated Purpose
The purpose, of this project is to increase the traffic carrying capacity, reduce accident
rates, and to relieve traffic congestion in the area surrounding US 158 and 1 -40 Bus/US 421
including the poor north and south connectivity within and through eastern Forsyth County.
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Project Description
The North Carolina Department of Transportation, Division of Highways, proposes to
construct on new alignment an eastern section of the proposed Winston -Salem Northern
Beltway from US 158 to I -40 Bus/US 421. The new road alignment will consist in each
direction 3 12 -foot lanes plus 1 12 -foot future lane with a 12 -foot paved shoulder and a
22 -foot grassed median. The road alignment will be a control access freeway with
interchanges at US 158 and I-40 Bus /US 421. There will also be widening and merge
lane improvements located east and west on the existing I -40 Bus/US 421 alignment at
the proposed freeway interchange. The estimated length of the project is 4.06 miles. This
project is included in the North Carolina Department of Transportation's Transportation
Improvement Program (TIP).
The project would permanently impact 9,800 linear feet of jurisdictional stream channel,
an additional 1,553 linear feet of temporary stream channel impact, permanently impact
1.96 acres of jurisdictional wetlands, and 4.36 acres of open water impact (ponds).
Permit drawings for the proposed project have been prepared based on final design for U-
2579B.
Avoidance and Minimization
Avoidance and minimization has been employed in the project area to the maximum
extent practicable. The following measures were implemented each section of the project:
U -2579B
•NCDOT's Best Management Practices (BMPs) for the Protection of Surface Waters will
be enforced;
-Grass swales will be used throughout the project to treat stormwater;
-All storm drainage will be diffused and designed for non - erosive velocities before
entering wetland areas to the maximum extent practicable;
-Rip rap stabilization on banks of jurisdictional streams will be implemented to
prevent erosion;
-Pre-formed scour holes will be constructed at 10 locations, riprap apron /pads at 12
locations, and riprap energy dissipater basins at 3 locations;
-Reduction of permanent stream impacts by bridging Martin Mill Creek and Smith Creek
(2 locations).
•NCDOT's Best Management Practices (BMPs) for the Protection of Surface Waters will
be enforced.

Compensatory Mitigation
Compensatory mitigation requirements for U -2579B are summarized below in Table 1.
The U -2579B section will permanently impact 9,800 feet of warm water stream. Of those
9,800 feet, there are 306 feet of bank stabilization that do not require mitigation by the
Corps, resulting in 9,494 feet of stream impacts requiring Corps mitigation.
The Corps is requiring 2:1 mitigation for 7,819 feet of second and third order stream
impacts and requiring 1:1 mitigation for 1,675 feet for first order stream impacts.
NCDWR is requiring 11 mitigation for 7,649 feet of stream channel impacts. Therefore,
the total Corps mitigation requirement exceeds the NCDWR requirement. NCDOT
proposes to provide onsite mitigation of 450 feet of warm water stream by restoring one
stream at a proposed drained pond site (Permit Site No. 20). The remaining mitigation
requirements of permanent warm water stream impacts will be provided by the NCEEP
for U -2579B (Table 1). The NCEEP will also provide mitigation for the 1.96 acres
riparian wetland impacts resulting from roadway fill, excavation, and mechanized
clearing at 2:1 mitigation ratio.
Table 1 U -2579B Com ensato ry Mitigation Summary
Due to the large number of roadway plans associated with this proposal, they are not
included with this Public Notice but can be found at the following website address:
http• / /www saw usace. army. mil / Missions/ RegulatoryPermitProgram /PubIicNotices.aspx
If you wish to review these plans in person, or to obtain additional information about the
proposed mitigation sites, please visit the U.S. Army Corps of Engineers Regulatory
Field Office at 3331 Heritage Trade Drive, Suite 105; Wake Forest; North Carolina
27587 (Call ahead to arrange a time for review at (919) 554 -4884, ext. 25).
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 would not effect EFH or
associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management
Councils or the National Marine Fisheries Service.
4
Stream Impacts in feet
Wetland Impacts in acres
Impacts Requiring
Mitigation
9,494
1.96
Onsite Credits
450
Impacts Less Onsite Credits
9,044
EEP Credits
7,369 @ 2:1
1,675 @ 1:1
1.96 @ 2:1
Total EEP Credits
16,413
3.92
Due to the large number of roadway plans associated with this proposal, they are not
included with this Public Notice but can be found at the following website address:
http• / /www saw usace. army. mil / Missions/ RegulatoryPermitProgram /PubIicNotices.aspx
If you wish to review these plans in person, or to obtain additional information about the
proposed mitigation sites, please visit the U.S. Army Corps of Engineers Regulatory
Field Office at 3331 Heritage Trade Drive, Suite 105; Wake Forest; North Carolina
27587 (Call ahead to arrange a time for review at (919) 554 -4884, ext. 25).
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 would not effect EFH or
associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management
Councils or the National Marine Fisheries Service.
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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 an 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
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- indenti fied 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 federally listed
endangered or threatened species or their formally designated critical habitat. 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 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
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 Corps will generally not
make a final permit decision until the NCDWQ issues, denies, or waives 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. A waiver will be deemed to occur if the NCDWR fails to act on this
request for certification within sixty days of receipt of a complete application. 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 March 07, 2014 to:
NCDWR Central Office
Attention:Ms. Karen Higgins, 401 and Buffer Permitting Unit
(LISPS mailing Address): 1650 Mail Service Center, Raleigh, NC.27699 -1650
or,
(Physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604
D

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 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 Corpswill request, upon receipt„ 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 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 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.
The Corps of Engineers, Wilmington District will receive written comments pertinent to
the proposed work, as outlined above, until 5pm, March 14, 2014. Comments should be
submitted to John Thomas, Raleigh Regulatory Field Office, 3331 Heritage Trade Drive,
Suite 105, Wake Forest, North Carolina 27587, at (919) 554 -4884, extension 25.