HomeMy WebLinkAbout20160787 Ver 1_SAW-2016-01671-PN_20161014I I
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US Army Corps
Of Engineers
Wilmington District
PUBLIC NOTICE
Issue Date: September 8, 2016
Comment Deadline: October 11, 2016
Corps Action ID Number: SAW-2016-01671
The Wilmington District, Corps of Engineers (Corps) received an application from the
North Carolina Department of Transportation (NCDOT), seeking Department of the
Army (DA) authorization to permanently impact 1.31 acres of jurisdictional wetlands and
270 linear feet of jurisdictional streams associated with construction of the NC 125
Williamston Bypass from SR 1182 (East College Road) southwest of Williamston to NC 125
northwest of Williamston, Martin County, North Carolina. (NCDOT TIP No. R-3826)
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.arm_y.mil/Missions/RegulatoryPermitPro rg am.aspx
Applicant: North Carolina Department of Transportation (NCDOT)
Attn: Philip S. Harris III, P.E., C.P.M.
Natural Environment Section Head
NCDOT — Project Development and Environmental Analysis
1598 Mail Service Center
Raleigh, North Carolina
27699-1548
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
Autharities:
� 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
Directions to Site: The site location is a 2.6 mile long corridor on a new alignment from
south of NC 125 to SR 1182 (East College Road) in Martin County
Project Area (miles): 2.6 Nearest Town: Williamston
Nearest Waterway: Roanoke River River Basin: Roanoke
Latitude and Longitude: Approximate center at 35.852316 N, -77.08653� W
'..._ ti a.:..� y� �- __:3 =. . :-0! .
Williamston Bypass from SR 1182 to NC 125 �
b� R-3826 �
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Figure 1
Existing Site Conditions
�
The project is located in the Roanoke River Basin and lies within Hydrologic Unit
03010107 (Subbasin Lower Roanoke). This is within the Middle Atlantic Coastal Plain
eco-region. The project crosses an unnamed tributary of Skewakee Gut and two wetlands.
Land use in the project vicinity consists of primarily residential, commercial, silviculture
and agricultural uses along roadways and in uplands and other undeveloped areas.
The only stream within the project footprint with a surface water classification is an
unnamed tributary of Skewakee Gut. The Best Usage Classiiication for Skewakee Gut is
"C." There are no waters within the project vicinity classified as High Quality Waters
(HQW). Neither Water Supplies (WS-L• undeveloped watersheds or WS-IL•
predominately undeveloped watersheds), nor Outstanding Resource Waters (ORW) occur
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within 1.0 mile of the project area. Streams within the R-3826 project area are not
designated as North Carolina Natural or Scenic Rivers, or as National Wild and Scenic
Rivers. Additionally, these waters are not listed on the 2014 303(d) list of impaired
waters due to sedimentation or turbidity.
A wetland identification and preliminary assessment analysis for the study area was
performed and wetlands were delineated based on the 1987 U.S. Army Corps of
Engineers (USACE) Wetland Delineation Manual and the Atlantic and Gulf Coast
Region Supplement. An evaluation of the wetlands within the preferred alignment was
completed and reviewed by USACE and NCDWR in 2003.
Applicant's Stated Purpose
The purpose of the project is to reduce truck traffic and improve safety on existing NC
125 through downtown Williamston.
Project Description
The applicant proposes to construct a new three-lane roadway from SR 1182 to north of
SR 1420 (McCaskey Road) and connect with existing NC 125. Project construction
includes four-foot paved shoulders for portions of the project with shoulders. The length
of the project is approximately 2.6 miles.
Avoidance and Minimization
All jurisdictional features were delineated, field verified and surveyed within the corridor
for R-3826. 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. Many of these strategies have
been incorporated into BMP documents that have been reviewed and approved by the
resource agencies and which will be followed throughout construction. All wetland areas
not affected by the project will be protected from unnecessary encroachment. Individual
avoidance and minimization items are as follows:
� No staging of construction equipment or storage of construction supplies will be
allowed in wetlands or near surface waters.
• The project was designed to avoid or minimize disturbance to aquatic life movements.
• NCDOT and its contractors will not excavate, fill, or perform land clearing activities
within Waters of the U.S. or any areas under the jurisdiction of the USACE, except
as authorized by the USACE. To ensure that all borrow and waste activities occur on
high ground, except as authorized by permit, the NCDOT shall require its contractors
to identify all areas to be used to borrow material, or to dispose of dredged, fill or
waste material. Documentation of the location and characteristics of all borrow and
disposal sites associated with the project will be available to the USACE on request.
• Grass swale treatments have been incorporated in areas where flat slopes can be
maintained.
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• Proposed box culverts will be buried 1 ft. to provide for fish passage.
• Cross pipes in jurisdictional streams will be buried 1 ft. for all pipes where possible.
• Sediment and erosion control devices will be utilized where appropriate.
• The use of hand clearing rather than mechanized clearing where possible.
• Bank stabilization at outlets of culverts will not impact the stream bed where possible.
• Considering environmental, hydraulic, and roadway perspectives, 3:1 slopes are
proposed within the wetlands where most practical.
• Shifted alignment of the project to fiuther avoid impacts to wetlands and waters.
Compensatory Mitigation
The NCDOT has avoided and minimized impacts to jurisdictional resources to the
greatest extent possible as described above. The unavoidable impacts to Waters of the
U.S. will be offset by compensatory mitigation provided by the North Carolina
Department of Environmental Quality (NCDEQ)-Division of Mitigation Services (DMS).
Essential Fish Habitat
The project will not impact any Essential Fish Habitat afforded protection under the
Magnuson- Stevens Act of 1996 (16 U.S.0 1801 et seq.).
Cultural Resources
The potential effect of the proposed project on historic architectural resources was
evaluated in accordance with Section 106 of the National Historic Preservation Act of
1966, as amended. There were no properties listed on the National Register of Historical
Places located within the Area of Potential Effects (APE). The Slade Cemetery was
determined eligible for the National Register under Criterion A, for its association with the
growth and development of plantation family burials in Martin County. The cemetery contains
markers that span over 150 years, from the last quarter of the eighteenth century through the mid-
twentieth century. The cemetery is located on the south side of NC 125 east of SR 1421. It is
anticipated the proposed proj ect will have "no effect" on the Slade Cemetery. The State Historic
Preservation Office concurred with this iinding on August 30, 2006.
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 for
the following species in Martin County: Bald eagle and Atlantic sturgeon.
� The Corps determines that the proposed project may affect federally listed
endangered or threatened species or their formally designated critical habitat for
the northern long-eared bat (NLEB) (Myotis septentrionalis).
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The US Fish and Wildlife Service has developed a programmatic biological
opinion (PBO) in conjunction with the Federal Highway Administration (FHWA),
the US Army Corps of Engineers (USACE), and NCDOT for the northern long-
eared bat (NLEB) (Myotis septentrionalis) in eastern North Carolina. The PBO
covers the entire NCDOT program in Divisions 1-8, including all NCDOT
projects and activities. The programmatic determination for NLEB for the
NCDOT program is "May Affect, Likely to Adversely Affect." The PBO
provides incidental take coverage for NLEB and will ensure compliance with
Section 7 of the Endangered Species Act for five years for all NCDOT projects
with federal nexus in Divisions 1-8, which includes Martin County, where TIP R-
3826 is located.
❑ 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 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. 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, 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 October 11, 2016 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, 12th Floor, Raleigh, North
Carolina 27604
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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.
� 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 iill 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
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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, until5pm, October 11, 2016. Comments should be
submitted to Mr. Kyle Barnes, U.S. Army Corps of Engineers, Washington Regulatary
Field Office,2407 West Fifth Street , Washington, North Carolina 27889, or by phone at
(910) 251-4584.
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