HomeMy WebLinkAbout20161221_Public Notice_20141010I ' 1!
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US Army Corps
Of Engineers
Wilmington District
� ' PUBLIC NOTICE
Issue Date: October 10, 2014
Comment Deadline: November 10, 2014
Corps Action ID Number: SAW-2011-01243
The Wilmington District, Corps of Engineers (Corps) received an application from the
North Carolina Department of Transportation (NCDOT) regarding a potential future
requirement for Department of the Army (DA) authorization to discharge dredged or fill
material into waters of the United States associated with proposed improvements to
existing NC 11, SR 1212 (Shortcut Road) and portions of existing US 13 from just south
of the NC 11 intersection with NC 561 to the US 13 interchange with US 158 and NC 45,
a distance of approximately 7.8 miles between Ahoskie and Winton in Hertford County,
North Carolina.
Specific alignment alternatives 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.armv.miUMissions/RegulatoryPermitPro ra�m.aspx
Applicant: North Carolina Department of Transportation
Project Development and Environmental Analysis Unit
- Attention: Richard Hancock, Manager
, 1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Authority
The Corps evaluates this application to compare alternatives that have been carried
forward for detailed study 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)
In arder to more fully integrate Section 10 and 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
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soliciting public comment on the merits of this proposal and on the alternatives evaluated
in the Federal Highway Administration (FHWA) Environmental Assessment (EA) of
December 2013. 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
construction of the proposed project at this time. A final DA 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
Directions to Site: The project is located between Ahoskie and Winton on NC Highway
11 and US 13 Business from just south of the NC 11 intersection with NC 561 to the US
13 interchange with US 158 and NC 45, a distance of approximately 7.8 miles in
Hertford County, North Carolina.
Project Area (acres): 189 acres Nearest Town:Ahoskie
Nearest Waterway: Mill Branch and Horse Swamp River Basin: Chowan
Latitude and Longitude: 36.338645 N, -76.982750 W
Existing Site Conditions
North Carolina Highway 11 and U.S. Highway 13 provide a major transportation route in
northeastern North Carolina. The highways serve as the primary connection between the
towns of Ahoskie and Winton. Traffic volumes in 2008 were measured between 4,100
and 9,200 vehicles per day. Approximately 19 to 22 percent of of the vehicles using this
highway are heavy trucks. Thirty five buses, which make up over half of the county's
entire fleet, travel along NC 11 and US 13 twice daily during an average school week.
The existing sections of NC 11 and US 13 within the project area are primarily two-lane
roads with 12-foot lanes, 4-foot paved shoulders, and unpaved shoulders that vary from
2-10 feet, depending on the location. Both left and right dedicated turn lanes are located
intermittently at intersections along the project. Along the entire project length, there are
twelve intersections, ten of which are stop-sign-controlled and two of which are
signalized. Two of the ten stop-sign-controlled intersections also have flashing caution
signals. A Traffic Safety Analysis was conducted for the time period from April 1, 2007�
to March 31, 2012 for NC 11, SR 1212 (Shortcut Road) and US 13 from 0.5 mile west of
SR 1108 (Bonner Bridge Road/Fire Tower Road) to south of US 158 in Hertford County.
There were 179 reported crashes along this segment during the analysis period. A
number of these crashes were angle crashes, typically caused by drivers on a cross street
pulling out in front of drivers on the mainline route.
There are no bridge structures or box culverts on NC 11, SR 1212 (Shortcut Road), or
US 13 within the project study area. The only existing major crossing is at an unnamed
tributary to Horse Swamp (Stream SZ), where three 48-inch concrete pipes carry the
stream under US 13.
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Six terrestrial communities were identified in the study area:
(1) Maintained/Disturbed: Maintained/disturbed areas are scattered throughout the
study area in places where the vegetation is periodically mowed, such as roadside
shoulders, residential lawns, agricultural fields, and overhead utility corridors. The
vegetation in this community is comprised of low growing grasses and herbs, including _
fescue, clover, wild onion, broomsedge, blackberry, and Japanese honeysuckle. '
(2) Non-Riverine Swamp Forest (Sweetgum Subtype): The non-riverine swamp
forest community occurs on large flatwoods throughout the study area. Areas of this
community type in the study area show signs of recent logging activities. Large tracts of
land appear to have been clear cut within the last five years. Sweetgum, red maple, and
tulip poplar dominate the over story canopy, while red maple, sweetgum, giant cane,
Chinese privet, and multiflora rose occur in the understary. Vine species were limited to
greenbriar, poison ivy, and Japanese honeysuckle.
(3) Non-Riverine Wet Hardwood Forest (Oak Flat Subtype): The non-riverine wet
hardwood forest is the most common forested community found in the project study area.
This community type is found on broad flats with little topographic relief and is often
segmented by agricultural fields. Large tracts within this community have been recently
logged, and dominant canopy species in this community include swamp chestnut oak,
laurel oak, loblolly pine, red maple, sweetgum, tulip poplar, American holly, and water
oak. The understory is dominated by American holly, high-bush blueberry, red maple,
and sweetgum. Vine species observed were limited to greenbriar, poison ivy, and
Japanese honeysuckle.
(4) Brownwater Bottomland Hardwood Forest (High Subtype): The brownwater
bottomland hardwood forest is found at the southwestern end of the project study area
along the banks of Ahoskie Creek. This area was once the active floodplain of Ahoskie
Creek, but historic channelization and human impacts no longer allow this system to
flood, resulting in a drier forest community. Hardwood species such as swamp chestnut
oak, sweetgum, musclewood, and green ash dominate the canopy layer. The understory
is dominated by American holly and highbush blueberry. Herbaceous and vine species
observed were limited to Japanese grass, greenbriar, and Japanese honeysuckle.
(5) Pine� Forest: Loblolly pine stands are present in the study area in tracts managed
for silvicultural operations. Canopy species observed included loblolly pine and
sweetgum. The understory consisted of sweetgum, red maple, and red cedar.
Herbaceous and vine species observed were limited to blackberry, greenbriar, and
Japanese honeysuckle. �
(6) Mesic Mixed Hardwood Forest (Coastal Plan Subtype): Mesic mixed hardwood
forest communities are located on slight topographic terraces throughout the project study.
area. Dominant species in this community include American beech, water oak,
sweetgum, tulip poplar, red oak, white oak, and red maple in the overstory. Species in
the understory consist of American holly, red cedar, American beech, red maple, red oak,
and Chinese privet. Herbaceous and vine species observed were limited to Christmas
fern and greenbriar. � '�
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Coverage of Terrestrial Communities in the Study Area
' Communi Im acts acres
Maintained/Disturbed 832.4
Non-Riverine Wet Hardwood Forest 725.4
Non-Riverine Swam Forest 364.8
Pine Forest 205.1
Mesic Mixed Hardwood Forest 109.7
Brownwater Bottomland Hardwood Forest 12.0
Total: 2,249.4
Terrestrial Community Impacts by Alternative
Community Alt.l Alt.3 Alt.S Alt.6
acres acres acres acres
Maintained/Disturbed 154.54 228.86 209.46 130.28
Non-Riverine Wet Hardwood Forest 91.79 74.81. 49.50 57.02
Non-Riverine Swamp Forest 40.24 9.17 9.17 40.24
Pine Forest 19.13 22.03 16.71 13.83
Mesic Mixed Hardwood Forest 12.78 24.91 24.20 12.24
Brownwater Bottomland Hardwood Forest 0.22 0.20 0.20 0.22
Total: 318.70 359.98 309.24 253.83
Water resources in the study area are part of the Chowan River basin [US Geological
Survey Hydrologic Units 03010203 and 03010204]. Nine jurisdictional streams were
identified in the study area. The water quality designations of these streams are detailed
in the table below. Channel substrate in these streams consist of silt and sand and water
clarity is clear to slightly turbid. Ahoskie Creek is classified as turbid in the project
location and has a fast velocity. All jurisdictional streams in the study area have been
designated as warm water streams for the purposes of stream mitigation. Aquatic
communities in the study area consist of both perennial and intermittent coastal streams.
The perennial streams in the study area could support bluegill, bluehead chub, and
redbreast suniish. Intermittent streams in the study area are relatively small in size and
would support aquatic communities of spring peeper, crayfish, and various benthic
macroinvertebrates such as amphipods and isopods.
Water Resources in the Study Area
Stream Map ID Classification NCDWQ Best Usage
Name Index # Classification
Flat Swamp SWI� Intermittent 25-14-1-8-2 C;NSW
Ahoskie Ahoskie Perennial 25-14-1 G;NSW
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Creek Creek -
UT to Mill SC Intermittent 25-4-8-11 C;NSW
Branch
UT to Flat SX Intermittent 25-14-1-8-2 C;NSW
Swam
UT to Horse sY Perennial 25-14-1-8-1 C;NSW
Swamp
UT to Horse SZ Perennial 25-14-1-8-1 C;NSW
Swam
UT to Flat SBB Intermittent 25-14-1-8-2 C;NSW
Swamp
UT to Flat SCC Intermittent 25-14-1-8-2 C;NSW
Swam
Mill Branch Mill perennial 25-4-8-11 C;NSW
Branch
NCDWQCIassifications: C—Aquatic Lite, 5econdary Kecreation, fresn water; Nsw - Nutrient �ensitive waters
Forty-nine jurisdictional wetlands were identified within the project study area. All
wetlands in the study area are within the Chowan River basin (USGS Hydrologic Units
03010203 and 03010204). Wetland classification and quality rating data are presented in
the table below.
Jurisdictional Characteristics of Wetlands in the Study Area
NCWAM Hydrologic DWQ Wetland
Ma ID Classification Classification Ratin HUC Code Area acres .
WA Hardwood Flat Non-Ri arian 12 030i0203 54.3
WB Hardwood Flat Non-Ri arian 16 03010203 17.4
WD Hardwood Flat Non-Ri arian 16 03010203 7.1
WF Hardwood Flat Non-Ri arian 16 03010203 5.1
WG Hardwood Flat Non-Ri arian 16 03010203 6.1
WH Hardwood Flat Non-Riparian 16 03010204 271.0
WJ Hardwood Flat Non-Riparian 16 03010204 32.2
WL Hardwood Flat Non-Riparian 12 03010204 12.6
wM Bottomland Riparian 12 03010203 17.7
Hardwood Forest
WN Hardwood Flat Non-Ri arian 12 03010203 7.1
WO Hardwood Flat Non-Ri arian 16 03010203 24.4
WP Hardwood Flat Non-Riparian 16 03010203 24.6
WR Hardwood Flat Non-Riparian 16 03010203 23.9
WS Hardwood Flat Non-Riparian 16 03010203 20.7
WT Hardwood Flat Non-Ri arian 16 03010203 13.8
WU Hardwood Flat Non-Riparian 16 03010203 46.2
03010204
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NCWAM Hydrologic DWQ Wetland
Ma ID Classification Classification Ratin HUC Code Area acres)
WV Hardwood Flat Non-Ri arian 16 03010203 7.3
WX Hardwood Flat Non-Riparian 16 03010203 94.1
WY Hardwood Flat Non-Riparian 16 03010203 60.2
03010204
WZ Hardwood Flat Non-Riparian 16 03010203 43.9
WAA Hardwood Flat Non-Riparian 16 03010203 4.2
WAB Hardwood Flat Non-Ri arian 16 03010203 0.8
WAC Hardwood Flat Non-Ri arian 12 03010203 0.2
WAD Hardwood Flat Non-Ri arian 16 03010203 2.7
WAE ' Hardwood Flat Non-Ri arian 12 03010204 9.0
WAF1 Hardwood Flat Non-Ri arian 16 03010204 2.9
WAF2 Hardwood Flat Non-Riparian 16 03010204 7.7
WAF3 Hardwood Flat Non-Riparian 16 03010204 0.02
WAF4 Hardwood Flat Non-Ri arian 16 03010204 0.3
WAFS Hardwood Flat Non-Ri arian 16 03010204 0.2
WAG Hardwood Flat Non-Riparian 16 03010204 1.2
WAH Hardwood Flat Non-Ri arian 16 � 03010204 6.4
WAI Bottomland Riparian 16 03010204 3.3
Hardwood Forest
WBB Bottomland Riparian 12 03010203 1.0
Hardwood Forest
WBC Bottomland Riparian 20 03010203 0.9
Hardwood Forest
WHA Hardwood Flat Non-Riparian 16 03010204 97.6
WNA Hardwood Flat Non-Ri arian 16 03010203 0.3
WRA Hardwood Flat Non-Ri arian 16 03010203 7.5
WRB Hardwood Flat � Non-Ri arian 16 03010203 4.1
WSA Hardwood Flat Non-Ri arian 16 03010203 6.2
WSS Hardwood Flat Non-Ri arian 16 03010204 2.9
WTT Hardwood Flat Non-Ri arian 16 03010204 9.2
WUU Hardwood Flat Non-Riparian 16 03010204 8.0
WVV Hardwood Flat Non-Riparian 16 03010203 3.4
WWA Hardwood Flat Non-Riparian 16 03010203 10.1
WWW Hardwood Flat Non-Ri arian 16 03010204 17.6
WXX Hardwood Flat Non-Ri arian 16 03010204 37.1
WYY Hardwood Flat Non-Ri arian 16 03010203 31.6
WZZ Hardwood Flat Non-Ri arian 16 03010203 19.7
Total: 1,085.8
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Applicant's Stated Purpose
The purpose of the proposed project is to improve the safety of the NC 11/US 13 corridor
between the NC 11/NC 561 intersection and the US 13/US 158/NC 45 intersection in
Hertford County.
Project Description
The applicant proposes to improve existing North Carolina Highway 11, State Road
1212 (Shortcut Road) and portions of existing US 13 from just south of the NC 11
intersection with NC 561 to the US 13 interchange with US 158 and NC 45, a distance of
approximately 7.8 miles between Ahoskie and Winton. The proposed improvements
include possible widening of the roadways within the existing corridor, constructing new
roadway, or a combination of widening and new construction. All of the alternatives
currently under consideration for this project would improve the NC 11/IJS 13 corridor in
the project area to a four-lane, median divided facility. Intersections along the project
would either be removed, grade separated, or upgraded to superstreet intersections (no
left turns from side streets) or interchanges. Widening NC 11 and US 13 to four-lane
divided roadways and changing access patterns at the existing intersections is expected to
improve the safety of the route throughout the study area. As proposed, the project would
result in impacts to between 49.3 and 147.7 acres of jurisdictional wetlands and between
1,101 and 1,171 linear feet of stream depending on the alternative selected. Wetland
impacts are calculated from slope stake to slope stake plus an additiona125 feet outside
of each limit as determined from the current functional design plans for each alternative
studied.
Detailed Study Alterriatives
No Build Alternative
The No-Build alternative avoids impacts to the study area. However, this alternative
does not address the purpose and need of the project because it does not improve the
safety of the NC 11/LJS 13 corridor. According to the Alternative Safety Analysis, by
year 2035, crashes are predicted to be 58% higher than in the current year. For this
reason, this alternative was eliminated from further consideration. The No Build
alternative would not meet the project purpose and need, but serves as a basis for
comparing impacts and benefits of the build alternatives.
Four construction alternatives were evaluated in detail by the applicant:
Alternative 1— Freeway (Part New Location)
This alternative proposes the upgrade of existing NC 11 and SR 1212 (Shortcut Road) .to
a four-lane freeway from south of NC 561 to US 13. A four-lane roadway on new
location would be constructed between SR 1212 (Shortcut Road) at US 13 and existing
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US 13 at its northern intersection with NC 461. Full controT of access would exist for this
new roadway. Existing US 13 would be upgraded to a four-lane freeway between the
northern intersection with NC 461 to south of US 158/NC 45 and interchanges would be
constructed at the intersections of NC 11 with NC 561 and NC 11/SR 1212 (Shortcut
Road) with NC 11. All other crossing roads would be grade separated or have their
access removed and turned into cul-de-sacs. Additional right of way would be required
to construct the new road segment east of existing US 13, between US 13/SR 1212
(Shortcut Road) and the northern US 13/NC 461 intersection.
Alternative 3 — Freeway/Expressway (Existing Location)
This alternative proposes the upgrade of existing NC 11 and SR 1212 (Shortcut Road) to
a four-lane freeway from south of NC 561 to US 13. The portion of US 13 from SR 1212
(Shortcut Road) to NC 461 would be widened to four lanes with partial control of access
(one driveway per parcel). Existing US 13 would be upgraded to a four-lane freeway
between the northern intersection with NC 461 to south of US 158/NC 45. Interchanges
would be constructed at NC 11 and NC 561, NC 1 USR 1212 (Shortcut Road) and the US
13 and the northern leg of NC 461.
Alternative 5 — Superstreet (Existing Location)
This alternative proposes the upgrade of NC 1 l, existing SR 1212 (Shortcut Road), and
existing US 13 to a four-lane roadway from south of NC 561 to south of US 158/NC 45.
Partial control of access would be obtained along existing US 13 between SR 1212
(Shortcut Road) and the northern intersection with NC 461 since this section of US 13
currently has no control of access. Although an interchange would be constructed at the
northern intersection of US 13 and NC 461, a superstreet design will be utilized at the
remaining intersections, with the exception of NC 11 and NC 561, which will be an offset
or "dog leg" superstreet design. �
Alternative 6— Superstreet (Part New Location)
This alternative proposes the upgrade of existing NC 11 and SR 1212 (Shortcut Road) to
a four-lane roadway from south of NC 561 to US 13. A four-lane roadway on new
location would be constructed between SR 1212 (Shortcut Road) at US 13 and the
northern intersection of US 13 at NC 461, which will become a grade separation. Full
control of access would be obtained for the new location portion of the project beyond
SR 1408 (Saluda Hall Road), meaning that connections to the facility are only provided
via ramps at interchanges. Existing US 13 would be upgraded to a four-lane roadway
between NC 461 to south of US 158/NC 45. No interchanges would be constructed with
this alternative, but a superstreet design will be utilized at the remaining intersections,
with the exception of NC 11 and NC 561, which will be an offset or "dog leg" superstreet
design.
Comparison of Detailed Study Alternatives
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Resource Alternative 1 Alternative 3 Alternative 5 Alternative 6
Project Length (miles) 7.9 7•7 7•7 7•9
Relocations Residential 1 54 54 1
Business 0 0 0 0
Total 1 54 54 1
Minority/Low Income No Yes Yes No
Populations -
Disproportionate Impacts*
Historic Properties (adverse � 1 1 0
effect)
Community Facilities � 2+ 2+ p
Impacted**
Section 4(� Impacts 0 2 2 0
Prime Farmland (acres) 58.7 68.9 62.2 51.5
Noise Impacts 2 26 26 1
Wetlands (acres) 147.7 106.6 493 83.5
Streams (linear feet) 1,141 1,101 1,101 1,171
Floodplain (acres) 0 0 0 0
Federally Protected Species 0 0 0 0
* The impacts to the affected communities are considered to be disproportionately high and
adverse since there is not enough available housing in this area to accommodate those
relocated by these alternatives.
** Impacts to schools, parks, churches, fire stations, cemeteries, etc.
+ Community facilities impacted include the Pleasant Plains Church & cemetery
Compensatory Mitigation
The purpose of compensatory mitigation is to replace the lost functions from a project's
impacts to Waters of the United States, including wetlands. Appropriate and practicable
compensatory mitigation will be required for unavoidable impacts from the construction
of the intersection of US 17 Business and NC 37 on the north side of the project area.
The applicant will make every effort to provide on-site mitigation where possible. Any
mitigation requirements not provided on-site will be met off-site through utilization of the
North Carolina Ecosystem Enhancement Program.
Essential Fish Habitat
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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.
Cultural Resources
Three structures of historic or architectural importance have been identified within the
project study area. These include the Pleasant Plains Rosenwald School, the Newsome-
Hall House, and the Pleasant Plains Baptist Church, all of which have been determined
eligible for inclusion on the National Register of Historic Places. Given the function and
proximity of the Pleasant Plains Baptist Church and Rosenwald School, they have been
considered as one joint historic resource. A description of each resource is provided
below. �
The Pleasant Plains Rosenwald School, located on the west side of US 13, just south of
the intersection with SR 1132 (Pleasant Plain Road), was built in the 1920s and is. a well-
preserved, one story, symmetrical frame building that was originally constructed as a
school for African-American children. The school was built with assistance from the
Rosenwald Fund, which was named for Chicago philanthropist Julius Rosenwald,
president of Sears, Roebuck, and Company. The Rosenwald Fund offered matching
grants to rural communities interested in building black schools, which often became the
centers of small, rural, black settlements in early 20th century North Carolina. Pleasant
Plains School, a three-teacher facility, was one bf the first of ten Rosenwald schools built
in Hertford County, and is a well-preserved example. Since the 1960s, after it ceased
functioning as a school, the building has been used by its owner, Pleasant Plains Baptist
Church, as a recreation building and community center.
Pleasant Plains Baptist Church, organized in 1851 and located across US 13 from the
Pleasant Plains Rosenwald School, is a 1949 Gothic Revival, 2-story brick church.
The Newsome-Hall House is a two-story farmhouse with Queen Anne style-influence
located at the northwest corner of the intersection of US 13 and SR 1131 (Saluda Hall
Road). It was originally the home of W.D. Newsome, a free black man that lived from
1822-1916, and served Hertford County as both a county commissioner (1868-1870) and
a state legislator in the House of Representatives (1870-1872).
On June 11, 2013, a meeting was held with the State Historic Preservation Office to seek
concurrence on the effects that the various alternatives would have on these resources.
The following table presents the effects of each alternative on these resources. `
�-Iistoric Resource Effects
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Rosenwald School
3 Newsome-Hall House No adverse effect
3 Pleasant Plains Baptist Church & Adverse effect
Rosenwald School
5 Newsome-Hall House No adverse effect
5 Pleasant Plains Baptist Church & Adverse effect
Rosenwald School
6 Newsome-Ha11 House No adverse effect
6 Pleasant Plains Baptist Church & No effect
Rosenwald School
Under Alternative 1; there will not be any impacts to either of the historic resources, and
under Alternatives 3, 5, and 6, there will be no adverse effect to the Newsome-Hall
House since the access may be affected, but the character of the property will not suffer.
However, under Alternatives 3 and 5, the Pleasant Plains Baptist Church and Rosenwald
School will both have adverse impacts due to a loss of property and a change in access.
The church will lose nearly 40 feet off the front of their lot, which will reduce the
available parking and impact the adjacent cemetery, which could necessitate the
relocation of graves. The church building itself will not be directly affected. The
Rosenwald School will also lose approximately 100 feet of property as a result of the
additional right of way that will be acquired, although the structure itself will not be
affected. �
There may be areas within the current study area that have a high potential for the
presence of eligible archaeological resources, particularly those dating to the historic
period. As the designs are refined and a preferred alternative chosen, NCDOT will
coordinate with the SHPO so they may assess the potential effects of the project and the
need for an archaeological investigation.
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. Further evaluation and coordination
concerning these species will be included in the final environmental document.
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\
m
❑ 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 NCDWR 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 notice combined with appropriate application fee at the
North Carolina Division of Water Resources Central Office in Raleigh constitutes initial
receipt of an application for a 401 Water Quality Certification. 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 the receipt of this notice in the NCDWR Central Office. Additional
information regarding the Clean Water Act Certification may be reviewed at the
NCDWR 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 November 10, 2014 to:
NCDWR Central Office�
Attention: Ms. Amy Chapman
1650 Mail Service Center, Raleigh, NC 27699-1650
North Carolina Division of Coastal Mana�ement (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 Corps will request, upon receipt„ concurrence or
objection from the NCDCM.
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
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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 select the least environmentally damaging practicable alternative
(LEDPA) 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 Spm, Nov�mber 10, 2014. Comments should
be submitted to Tracey Wheeler, Washington Regulatory Field Office,
2407 West Fifth Street , Washington, North Carolina 27889, at (910) 251-4627.
Version 5.7.2013