20080691 Ver 1_Public Notice_20080626

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US Arm Corps PUBLIC NOTICE '~r0a
Of Engineers P1y011/
Wilmington District

Issue Date:.rune 24, 2008
Comment Deadline: July 23, 2008
Corps Action ID SAW-2008-01454

The Wilmington District, Corps of Engineers (Corps) has received an application From The
North Carolina Department of Transportation (NCDOT), seeking Department of the Arm)' (DA)
authorization to permanently impact approximately 0.03 acre ofadjacent wetlands and 468 linear
feet (If) of stream channel, and temporarily impact 125 linear feet of stream channel within
jurisdictional waters of the United States. This project is referred to as "Transportation
Improvement Project (TIP) U-3303A and U-3303B. Specifically. the project would impact three
unnamed tributaries to Gum Creek, two unnamed tributaries to Little Alamance Creek and one
forested freshwater wetland areas adjacent to an unnamed tributary to Gum Creek. These
impacts are associated with the proposed improvements and widening of 2.4 miles ol'Mebane
Street (SR 1306). which is composed of two (2) sections. Segment A. or U-3303A, is located
from the existin- Hutfinan Mill Road (SR 11 58) to Alamance Road (NC 62) and Segnncnt 13, or
U-3?0313, is located from Alamance Road (NC 62) to Chapel Hill Road (NC 54). in Burlington.
Alamance County, North Carolina.

Specific plans and location information are described below and shovyn on the attached plans.
This Public Notice and all attached plans are also available on the Wilmington District Weh Site
at wNx-Nx-.sa«-.usace.armx•.mil/«-etlands.

Applicant: North Carolina Department of Transportation
Attn: Ms. Erica McLamb
Project Development and Environmental Analysis
Natural Environment Unit
1;98 Mail Sen-ice Center
Raleigh, North Carolina 27699-1598
Authority

The Corps will evaluate this application and a decide whether to issue, conditionally issue, or
deny the proposed work pursuant to the applicable procedures of Section 404 of the Clean Water
Act.

Location

The proposed project (Mebane Street Improvements and Widening) is located from the existing
Huffman Mill Road (SR 1158) to Chapel Hill Road (NC 54). in Burlington, Alamance County.
North Carolina. The site contains unnamed tributaries to Gum Creek. wetlands adjacent to one

of those tributaries and tributaries to Little Alamance Creek, in the Cape Fear River Basin (8-
Digit Cataloginu Unit 03030002). Coordinates (in decimal degrees) for the site are 36.0700" N,
-79.4667° W (NAD83/WGS84). See attached project location map and USGS topographic map.

Existing Site Conditions

The project corridor is approximately 29.1 acres, is located in an urbanized area of Burlington
and is mostly residential, with commercial development at the existing major intersections. Five
stream channels flow through the proposed project boundary and one forested freshwater
«ztland is also located within the proposed boundary. Two of the five streams located on the
site were determined to have important aquatic functions by the U.S. Army Corps of Frioineers.

Applicant's Stated Purpose

As stated by the applicant, the purpose of the project is to address the anticipated transportation
needs along this corridor by improving the existing facility in a manner that increases capacity
and safety, promotes an atmosphere conducive to multiple forms of transportation, and provides
system linka<ge.

Project Description

The following description of the work is taken from data provided by the applicant. Plans
submitted with the application show the placement of fill material permanently impacting
approximately 468 linear feet of stream channel and temporarily impacting approximately 125
linear feet of the jurisdictional waters of the Cape Fear River basin (Hydrologic Catcygorical Unit
03030002). These impacts are necessary for the construction of proposed improvements to
South Mebane Street. also known as SR 1306, (TIP No. 3303A and 3303[3). Approximately
0.03 acre of adjacent wetlands will be impacted by this project. Construction of the proposed
project will occur along the existing alignment and will involve the extension of existing culverts
at the following impact sites: 1) U-3303A, sites 1 and 3: 2) U-3303B. sites 1 and 2.
Encapsulation of the stream channel will occur at U-3303A, site 2, as a relocation ofthe channel
is not possible due to the proximity to residential buildings and yards. All temporary impacts are
to allow access for equipment and construction of the new roadway and the installation of
culverts.
The applicant proposes compensatory mitigation of impacts to stream channels with important
aquatic function, which is 317 linear feet. at a 1:1 ratio by providing payment into the North
Carolina Ecosystem Enhancement Program (NCEEP) for the restoration of 317 linear feet of
stream channel. In addition to the proposed payment to the NCEEP, the applicant has avoided
and minimized impacts by proposing to utilize NCDOT's Best Management Practices (BMPs)
for the protection of surface waters, and by proposing to increase the side slopes from 4:1 to 3:1
at Site 1, Section U-3303A. The U.S. Army Corps of Engineers may require compensatory
mitigation for all wetland impacts.

Other Required Authorizations

This notice and all applicable application materials are being forwarded to the appropriate State
agencies for review. The Corps will generally not make a final permit decision until the North
Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State certification
required by Section 401 of the Clean Water Act (PI_ 92-500). The receipt of the application and
this public notice in the NCDVA'Q Central Office in Raleigh serves as application to the NCDWQ
for certification. A waiver will be deemed to occur if the NCDWQ tails to act on this request 1101-
certification within sixty days of the date of the receipt of this notice in the NCDWQ Central
Office. Additional information regarding the Clean Water Act certification may be reviewed at
the NCDWQ Central Office. 401 Oversight and Express Permits Unit, 2321 Crabtree Boulevard.
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 ritin(,
delivered to the North Carolina Division of Water Quality (NCDWQ). 160 Mail Service ('enter.
Raleigh. North Carolina 27699-1650. Attention: Ms. Cyndi Karoly by July 16. 2008.

Essential Fish Habitat
This notice initiates the Essential Fish Habitat (EFE) consultation requirements of the
Magnuson-Stevens Fishery Conservation and Management Act. The Corps' initial determination
is that the proposed project will not adversely impact EFH or associated fisheries managed by
the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine
Fisheries Service.

Cultural Resources

The Corps has consulted the latest published version of the National Register of Historic Places
and is not aware that any registered properties, or properties listed as being cli-ible for inclusion
therein are located within the project area or will be affected by the proposed work. Presently.
unknown archeological, scientific, prehistoric, or historical data may be located within the
project area and/or could be affected by the proposed work.

Endangered Species

The Corps has 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 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 01 '1973 (I;SA)
within the project area. A final determination on the effects of the proposed proicct will be made
upon additional review of the project and completion of any necessary biological assessment
and/or consultation with the U.S. Fish and Wildlife Service."

3

Evaluation

The decision whether to issue a permit will be based on an ev.Zluation 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 Na ill be
considered including the cumulative effects thereof, among those are conservation, economics.
aesthetics, Qeneral environmental concerns, wetlands. historic properties, fish and N\ildlile
values, flood hazards, flood plain values (in accordance Nvith Executive Order 1 1988), 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 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 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 ofan
Fnvironmental 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,
within 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 otherNvise no valid interest to be served by a hearing.
V'ritten comments pertinent to the proposed work, as outlined above, will be received by the
Corps of Engineers. Wilmington District. until 5pm. July 23. 2008. Comments should be
submitted to Andrew E. Williams, Raleigh Regulatory Field Office. 3331 Heritage Trade Drive.
Suite 105. Wake Forest, NC 27587.

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CAPE FEAR River Basin Subbasin 03-06-03
Assessment Impaired Year
Waterbody and Description Unit (A U) Class Subbasin Use Listed Category and Reason for Listing Potential Source(s) Miles or Acres
CAPE FEAR River Basin Subbasin 03-06-03
Big Alamance Creek 16-19-(4.5)a C NSW 03-06-03 6 5.6 FW Miles
(Alamance Cr)(Lk Macintosh)
From Dam at Lake Macintosh to confluence with Stinking Quarter Creek AL 2006 6 Impaired biological integrity MS4 NPDES
Agriculture

Little Alamance Creek (Gant 16-19-11 C NSW 03-06-03 6 12.6 FW Miles
Lake, Mays Lake)(Alamance
County
From source to Big Alamance Creek AL 2000 6 Impaired biological integrity MS4 NPDES
CAPE FEAR River Basin
Subbasin 03-06-04
Collins Creek 16-30-(1.5) WS-IV 03-06-04 6 3.7 FW Miles
NSW
From a point 0.8 miles downstream of Orange County SR 1005 to Haw River AL 2006 6 Impaired biological integrity Agriculture
Dry Creek 16-34-(0.7) WS-IV 03-06-04 6 10.1 FW Miles
NSW
It From a point 0.3 miles downstream of Chatham County SR 1506 to Haw River AL 2006 6 Impaired biological integrity Land Clearing
Unknown

HAW RIVER 16-(37.3) WS-IV 03-06-04 5 53.2 FW Acres
NSW CA
From a point 0.5 mile downstream of US Hwy 64 to approximately 1.0 mile below US AL 2006 5 Standard violation: Chlorophyll a MS4 NPDES
Hwy 64 AL 2006 5 Standard violation: High pH Impervious Surface
Agriculture
VWVTP NPDES
VWVTP NPDES
I

DRAFT for PUBLIC REVIEW North Carolina 303(d) List- 2006 Tuesday, January 31, 2006
CAPE FEAR Basin 03-06-04 Page 5 of 926