PUBLIC NOTICE Bridge 20 and 24 on NC 55

ImPUBLIC NOTICE
US Army Corps
Of Engineers
Wilmington District
Issue Date: May 17, 2023
Comment Deadline: June 14, 2023
Corps Action ID Number: SAW-2018-01022
The Wilmington District, Corps of Engineers (Corps) received an application from North
Carolina Department of Transportation (NCDOT) seeking Department of the Army
authorization to discharge dredged or fill material into waters of the United States,
associated with the proposed replacement of Bridge 20 and 34 on NC 55, near Kinston,
Lenoir County, North Carolina (TIP B-4926).
Specific project and location information is described below. This Public Notice and all
attachments are also available on the Wilmington District Web Site at:
https://www.saw.usace.armV.miI/Missions/Regulatory-Permit-Program/Public-Notices/
Construction plans are not attached to this Public Notice due to the large number of
pages; however, all construction plans can be found at the Wilmington District Web Site
at https://www.saw.usace.army.miI/Missions/Regulatory-Permit-Program/Public-Notices/
If you wish to obtain a paper copy of this Public Notice and/or the plans, please contact
the individual identified at the end of this Notice.
Applicant: North Carolina Department of Transportation (NCDOT)
Division 2
Attn: Casey Whitley
1037 D.H. Smith Blvd
Greenville, North Carolina 27835
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
Location Description: The proposed project area is 0.53 miles long NC 55 over the
Neuse River near the City of Kinston, in Lenoir County, North Carolina.
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Project Area: 0.53 miles
Nearest Town: Kinston
Nearest Waterway: Neuse River
River Basin: Neuse
Latitude and Longitude: N 35.295644 W-77.495020
Existing Site Conditions
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The project consists of a 2,900-foot section of roadway along NC 55 northeast of
Kinston, NC. The NCDOT proposes replacement of the two existing bridges along the
alignment. An area 200 feet north and 300 feet south of the edge of existing pavement
was delineated (see attached map). Waters identified on site include 500 linear feet
jurisdictional river and 18.30 acres of jurisdictional wetlands. Most of the project area is
managed right -of way and cypress — gum swamp. The property in the vicinity of the
project is utilized for agriculture and single-family rural residential property.
The B-4926 project is located entirely in the Neuse River Basin [U.S. Geological Survey
(USGS) Hydrologic Unit Code (HUC) 03020202]. There are no Outstanding Resource
Waters (ORW), High Quality Waters (HQW), WS-I, or WS-II waters within 3 miles
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upstream or downstream of the project study corridors or within the project study area.
No stream that flows through the project study corridors is designated as National Wild
and Scenic River or State Natural and Scenic River.
Waters of the U.S. identified within the project study area include 500 linear feet of
jurisdictional stream (mainstem of Neuse River) and 18.30 acres of jurisdictional
wetlands. Wetland and stream delineations were performed in March 2015. The United
States Army Corps of Engineers (USACE) and the North Carolina Division of Water
Resources NCDWR) field verified the wetlands in January 2018. Jurisdictional areas
were re -verified in April 2018 with no changes.
Applicant's Stated Purpose
The purpose of the proposed project is to replace Bridges #20 and #34 on NC 55 over
the Neuse River near the City of Kinston, in Lenoir County, North Carolina. The existing
bridges were both constructed in 1937 and are structurally deficient and functionally
obsolete. Although there is no notable recent growth or development evident in the
Direct Community Impact Area (DCIA) or surrounding area, and there is no planned or
approved development that would affect traffic within the Study Area, replacement of
the bridges is necessary to allow continued use of the roadway by motorists,
pedestrians, and cyclists. NC 55 is designated as Bicycle Route 40 (Lenoir County Loop
Route). As there are currently no sidewalks or bicycle lanes within the Study Area, the
project will also improve safety for both motorists and cyclists, as the new design
includes 4' offsets to be used as bicycle lanes with bicycle -safe railings.
Project Description
The Corps is the lead federal agency for this proposal. Because of traffic volumes and
potential detour requirements, the proposed replacement bridges will be located slightly
south of the existing structures, oriented east -west, roughly perpendicular to the Neuse
River. Following completion of the proposed bridge replacements, the existing bridge
structures will be removed, and the existing concrete pilings will be removed. The total
area of the proposed bridges over the Neuse River is approximately 9,450 square feet.
The bridge structures will be constructed of concrete. Bridge #20 over the Neuse will
measure 35 feet wide and 540 feet in length (end to end). Bridge #34 over the overflow
will measure 36 feet wide and 215 feet in length (end to end). The low steel (lowest
point of the bridge) of the proposed bridges will be approximately 35 feet above the
normal water surface elevation of the Neuse River and overflow, which matches the
navigational clearance of the existing bridge structures.
The proposed impacts to jurisdictional resources along the project corridor have been
avoided and minimized to the extent practicable throughout the design process.
However, the existing roadbed and embankments are too narrow to accommodate the
proposed typical section of the roadway to meet current design standards and
additional fill will be necessary alongside the existing embankment to provide
sufficient space on a suitable surface for construction. The existing embankments
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are closely surrounded by bottomland hardwoods and the Neuse River floodplain
features on both sides, therefore requiring that the necessary fill be placed in these
resources.
Proposed Impacts
The B-4926 project would result in permanent and temporary impacts to bottomland
hardwood forested wetlands and open waters. The proposed impacts are spread
across 11 impact sites, as shown in the Permit Drawings. In total, the B-4926
proposal would result in the following impacts to jurisdictional features:
• 1.56 acres of permanent fill in jurisdictional wetlands
• 0.15 acre of excavation in jurisdictional wetlands
• 2.50 acres of mechanized clearing in jurisdictional wetlands
• 0.04 acre/129 LF of permanent impacts to jurisdictional streams
• 0.23 acre/159 LF of temporary impacts to jurisdictional streams
Avoidance and Minimization
Avoidance and minimization of impacts to protected and valued resources were
incorporated throughout the design process. Alternative designs were reviewed to
reduce adverse impacts to protected resources, while also meeting the purpose and
need for the project. Alternative 2 was selected as the preferred alternative as it will
result in less impacts to waters of the U.S. and waters of the State than Alternative 3,
allow for an on -site detour, shorter construction timing, and is applicable under an
Advanced Approval Permit Exemption from the U.S. Coast Guard. In addition, riprap is
shown on the plans for the entire length, including riprap for toe protection and
approaches (2:1 with entire slope in rip -rap). During demolition, mitigation measures will
be in place to prevent debris from the bridge from falling into the Neuse River. This may
include nets or tarps under the bridge to catch debris. Additionally, temporary work
bridges will be utilized to limit impacts in surface waters as well as wetlands during
proposed bridge construction and existing bridge removal. Temporary work bridges will
be constructed top -down using steel H-piles, eliminating the need for fill in wetlands and
dewatering in surface waters. The work bridges over the Neuse River will have a gap to
allow for boat traffic.
• A detailed delineation of wetland and streams was performed to ensure the
limitations of impacts to natural resources. As a result, proposed grading limits
were shifted to avoid impacts, where possible.
• All stone will be removed and disposed of off -site, or the stone can be used in
areas that require permanent stone protection after project completion.
• All construction equipment will be refueled at least 200 feet from all water bodies
and be protected with secondary containment.
• Hazardous materials, fuel, lubricating oils, or other chemicals will be stored at
least 200 feet from all water bodies (whichever distance is greater) and not in a
Water of the U.S.
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• Areas used for borrow or construction by-products will not be located in wetlands.
implementation of NCDOT's Best Management Practices for the Protection of
Surface Waters (BMPs) will minimize impacts to water resources during the
preconstruction, construction, maintenance, and repair situations.
• The proposed project will adhere to the Design Standards in Sensitive
Watersheds [15A NCAC 04B .0124 (a) — (e)].
• The Contractor may perform clearing operations, but not grubbing operations
until immediately prior to beginning grading operations.
• Once grading operations begin, work shall progress in a continuous manner until
complete.
• All project construction activities initiated within jurisdictional streams will be
carried to completion in an expeditious manner to minimize the period of
disturbance within the jurisdictional streams.
• All work will take place during dry conditions and can be facilitated from high,
non -jurisdictional, stable ground.
• Erosion control devices shall be installed immediately following the clearing
operation.
• The contractor shall install silt fence, inlet protection, sediment traps, diversion
ditches, temporary coffer dams, tree protection, clearing only as necessary to
install devices.
• Seeding and mulching shall be performed on the areas disturbed by construction
immediately following final grade establishment.
• Seeding and mulching shall be done in stages on cut and fill slopes that are
greater than 20 feet in height measured along the slope, or greater than 2 acres
in area, whichever is less.
• All sedimentation and erosion control measures, throughout the project limits,
must be cleaned out when half full of sediment, to ensure proper function of the
measures.
• Any needed repairs to sedimentation and erosion control measures will be made
immediately to maintain all measures designed.
• Any excess excavated materials not utilized as back fill will be placed and
contained within upland areas and permanently stabilized to prevent erosion into
adjacent jurisdictional streams. Therefore, stockpiling of excavated material
within jurisdictional streams will be strictly prohibited as part of the construction of
this project.
• All erosion and sediment control measures will be checked for stability and
operation following every runoff producing rainfall, but in no case less than once
every week.
• An erosion control inspections report is required and will be kept by the owner's
representative.
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Compensatory Mitigation
Compensatory mitigation is proposed for permanent impacts to wetlands and streams
resulting from the project. As noted above, the project would result in 4.2 acres of
permanent wetland impacts and 129 linear feet of permanent stream impacts.
A 2:1 ratio is assumed for permanent impacts, therefore, NCDOT will obtain
compensatory mitigation for 8.4 acres of wetland mitigation credits and 258 linear feet of
stream mitigation credits from the N.C. Division of Mitigation Services (NCDMS) to
compensate for unavoidable impacts to jurisdictional waters of the U.S. resulting from
the proposed project.
Additionally, the design will impact a portion of a wetland preservation conservation
easement currently held by Restoration Systems, LLC, and part of the NCDMS Sleepy
Creek Wetland and Riparian Buffer Mitigation Site. The 120-acre conservation
easement is located in the southeast portion of the project and is identified as Parcel
455600038731. The NCDOT will compensate NCDMS for the loss of mitigation credits
resulting from the project. Conservation easement impact maps are included in the
permit drawings.
A total of 1.6 acres of impact to the conservation easement is anticipated for this
project. Based on discussions between the NC Interagency Review Team (NCIRT) and
NCDOT, it was determined that NCDOT will compensate NCDMS for 0.32 acres of
compensatory mitigation for impacts to the conservation easement.
Essential Fish Habitat
The project will not impact any Essential Fish Habitat (EFH) identified by NMFS, and
NMFS has not requested further consultation regarding EFH via email of 10 April 2019.
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.
® 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:
® No historic properties, nor properties eligible for inclusion in the National
Register, are present within the Corps' permit area; therefore, there will be no
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historic properties or archeological resources affected. The Corps received
concurrence from the SHPO on March 30, 2015, and OSA May 11, 2015.
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
may affect, not likely to adversely affect federally listed endangered or threatened
species or their formally designated critical habitat.
® The Corps will consult under Section 7 of the ESA and will not make a permit
decision until the consultation process is complete.
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 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 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, Transportation 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 June 7, 2023, to:
NCDWR Central Office
Attention: Ms. Amy Chapman, Transportation Permitting Unit
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(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):
® 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).
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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, May 30, 29023. Comments should be
submitted to Tom Steffens, Washington Regulatory Field Office, 2407 West Fifth Street
, Washington, North Carolina 27889, at [phone]. Comments may also be
submitted to [e-mail]
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