R-5777 404 PN

I I
'''' PUBLIC NOTICE
US Army Corps
Of Engineers
Wilmington District
Issue Date: February 16, 2024
Comment Deadline: March 18, 2024
Corps Action ID Number: SAW-2018-01012
The Wilmington District, Corps of Engineers (Corps) received an application on
February 12, 2024 from North Carolina Department of Transportation (NCDOT) seeking
Department of the Army authorization to permanently impact 1.594 acres of
jurisdictional wetlands, 1,558 linear feet of permanent stream impacts, 355 linear feet of
temporary stream impacts and 0.409 acre of temporary hand clearing impacts in
wetlands associated with an upgrading US 70 to interstate standards from the Havelock
Bypass (STIP No. R-1015) to the east of Thurman Road (S.R. 1116) near Havelock,
Craven County, North Carolina.
Specific location information is described below. 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 along with this Public Notice:
http://www.saw.usace.armV.mil/Missions/RegulatorVPermitProgram/PublicNotices.aspx.
If you wish to have a paper copy of this Public Notice and/or the construction plans,
please contact the individual identified at the end of this Notice.
Applicant: NC Department of Transportation (NCDOT)
Environmental Analysis Unit
1598 Mail Service Center
Raleigh NC 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:
❑x Section 404 of the Clean Water Act (33 U.S.C. 1344)
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Location
Location Description: North of the Havelock Bypass (STIP No. R-1015) and continues to
east of Thurman Road (SR 1116) at the southern terminus to the US 70 Improvements
in James City (U-5713/R-5777A&B) in Craven County, North Carolina
Project Area (acres): 7.7 miles on existing US 70
Nearest Town: New Bern
Nearest Waterway: Neuse River
River Basin: Neuse River
Latitude and Longitude: N 34.988740 Longitude: -W-76.981956N,
Existing Site Conditions
The project is in the Neuse River Basin {Hydrologic Unit Code (HUC) 030202041. The
project crosses numerous streams, unnamed tributaries, and wetlands. Drainages
within the northern part of the project study area are part of the Northwest Creek-Neuse
River sub -watershed and drainages in the southern part of the project study area are
part of the Outlet Brice Creek sub -watershed. There are no Outstanding Resource
Waters (ORW), High Quality Waters (HQW), WS-1 waters, or WS-11 waters within 12
miles upstream or downstream of the project study area. No stream that flows through
the project study area is designated as a National Wild and Scenic River or a State
Natural and Scenic River.
Applicant's Stated Purpose
The purpose of the proposed action is to improve the US 70/Future 1-42 corridor, with
the intent to improve regional mobility and provide better connectivity between Raleigh
and the seaport at Morehead City, as well as to the military bases in Havelock and
Goldsboro and to the Global TransPark in Kinston.
Project Description
The NCDOT proposes to upgrade US 70 to interstate standards from the Havelock
Bypass (STIP No. R- 1015) to the east of Thurman Road (S.R. 1116) in Craven County,
North Carolina. Improvements include upgrading US 70 to interstate standards and
constructing service roads as needed within the project study area. The project is
located within the planning jurisdictions of the City of Havelock, the City of New Bern,
and Craven County.
The Federal Highways Administration (FHWA) is the lead federal agency on this project.
The project would upgrade US 70 to interstate standards for a distance of approximately
7 miles with grade -separated interchanges at three locations: Stately Pines Road (S.R.
1106), West Fisher Road/East Fisher Avenue (S.R. 1104), and West Camp Kiro
Road/East Camp Kiro Road (S.R. 1112).
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Existing driveway connections, intersections, and median crossovers will be removed,
and service roads will be extended along portions of the project to provide access for
property owners and to ensure mobility for local traffic. At the interchanges,
roundabouts will be constructed where the US 70 on/off ramps connect to the
intersecting cross streets. Detailed descriptions of the proposed improvements are
described below in the Proposed Improvements section.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or
minimize impacts to the aquatic environment: All jurisdictional features were delineated,
field verified, and surveyed within the corridor for R-5777C. Using these features,
preliminary designs were adjusted to avoid and/or minimize impacts to jurisdictional
areas. NCDOT employs many strategies to avoid and minimize impacts to jurisdictional
areas in all of its designs. Avoidance and minimization measures for R-5777C were
further discussed during interagency meetings and are being implemented to the
maximum extent practicable. Additional avoidance and minimization measures are
listed below:
• A Stormwater Management Plan (SWMP) has been created for the project and
is included in this package with the permit drawings.
All major structures have been designed to minimize environmental and surface
water impacts as much as practicable.
• Key elements of the SWMP included the construction of permanent basins and
the use of grassed swales for stormwater treatment.
• Six detention basins were used throughout the project and primarily designed
to provide stormwater treatment and minimize pre/post impacts.
• Grassed swales were used for treatment when BMP design standards in
sensitive watersheds could be met.
• Grassed swales were used to reduce flow velocity, promote sedimentation
infiltration and runoff attenuation; discharge velocities at jurisdictional features
are non -erosive.
• Utilities will be installed through trenchless installation methods where
practicable.
• Where possible, utilities were placed within the proposed roadway fill limits to
avoid additional impacts.
• Box culverts will be buried 1 foot below the existing streambed and backfilled
with native streambed material.
• Borrow and waste activities will occur outside of jurisdictional features.
• No staging of construction equipment or storage of construction supplies in
jurisdictional wetlands or streams.
• 3:1 slope are used in wetland areas where possible.
• Hand clearing proposed at wetland locations where feasible.
• Rip rap pads are used at all storm drain system outlets to dissipate energy and
reduce velocities.
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Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment: The proposed construction of R-5777C will
result in unavoidable permanent impacts to 1.594 acres of riparian/non-riparian
wetlands and 893 linear feet of jurisdictional streams that will require mitigation. The
wetland and stream impacts are in the 8-digit hydrologic unit 03020204 of the Neuse
River Basin.
The NCDMS will provide compensatory mitigation for the unavoidable impacts to
wetlands, streams, and riparian buffers.
Essential Fish Habitat (EFH)
The Corps' determination is that the proposed project would not effect any EFH or
associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management
Councils or the National Marine Fisheries Service.
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.
In March 2020, NCDOT architectural historians conducted an intensive -level survey of
the two properties identified (Tom Haywood Store (CV1044) and Croatan Presbyterian
Church (CV1385) in which they were both determined not eligible for NRHP listing. The
State Historic Preservation Office concurred with this finding on May 6, 2020.
Archeological Site 31 CV241 is recommended eligible for the National Register of
Historic Places. The archaeological site will not be impacted by the proposed project.
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:
For the proposal, the Corps has made the following initial determination for federally
listed endangered or threatened species or their formally designated critical habitat:
It was determined that the project will have No Effect on the 8 of the 11 officially
listed species found in Craven County.
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Northern long-eared bat and Tricolored bat (via conference consultation) which
both had a biological conclusion of May Affect, Likely to Adversely Affect (MA-
LAA).
Neuse River waterdog which had a biological conclusion of May Affect, Not
Likely to Adversely Affect (MA-NLAA).
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 180
days of the date of this public notice. Additional information regarding the 401
Certification may be reviewed at the NCDWR Central Office, Transportation Permitting
Branch, 512 North Salisbury Street, Raleigh, North Carolina 27604-2260. All persons
desiring to make comments should do so in writing, within 30 days of the issue date of
the notice by emailing comments to [e-mail] with the subject line
of "401 Water Quality Certification" or by mail to:
NCDWR Central Office
Attention: Ms. Amy Chapman, Transportation Permitting Branch
(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 applicant has requested approval for the proposed project under a Coastal Area
Management Act (CAMA) from the N. C. Division of Coastal Management for R-5777C.
Pursuant to 33 CFR 325.2 (b)(2) the Corps is, by this notice, forwarding this information
to the North Carolina Division of Coastal Management (NCDCM) and requesting its
concurrence or objection. Generally, the Corps will not issue a DA permit until the
NCDCM notifies the Corps that it concurs with the applicant's consistency certification
or issues the CAMA Major Development Permit.
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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
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, March 18, 2024 . Comments should
be submitted to Mr. Thomas Steffens, Washington Regulatory Field Office, 2407 West
5th Street, Washington, North Carolina, 27889 or to tomas.a.steffens(a-)-usace.army.mil.
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