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Of Engineers
Wihnington District
PUBLIC NOTICE
Issue Date: May 26, 2017
Comment Deadline: June 26, 2017
Corps Action ID Number: SAW-2016-00865
The Wihnington District, Corps of Engineers (Corps) received an application from the
North Carolina Department of Transportation (NCDO'1�, seekmg DeparCrrient of the
Anny (DA) authorization to pern�anently in�pact 15.11 acres ofwetlands and 2,167
linear feet of stream associated with construction of a four lane median divided highway
on new location north and west of the city of Kinston m Lenoir County, North Carolina.
(NCDOT TIP No.W-5703)
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 Wihnington
District Web Site at:
http J/www.saw. usace.army. miUMissions/Re gulatoryPermitPro �ram. aspx
Applicant: Ms. Maria A. Rogerson
Division 2- Bridge Program Manager
North Carolina Department of Transportation
105 Pactolus Hwy. (NC 33)
P.O. Box 1587
Greenville, NC 27835-1587
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 ofthe 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 e�ends fiom the C.F. Harvey Parkway (NC 148)
Extension at the intersection with NC 58 to the east, intersecting with NC 11.
Project Area (acres): 5.7 miles Nearest Town: Kinston
Nearest Waterway: Neuse River River Basin: Neuse River
Latitude and Longitude: Appro�r�ate center at N, 35.332686 W. -77.541365
Existing Site Conditions
The st�idy area lies in the rolling coastal plain physiogaphic region of North Carolina.
Topography in the project vicinity is coi�rised of gently rollu�g hills with narrow, level
floodplains and moderately steep slopes along streams. Elevations u1 the study area range
from 20 to 25 above mean sea level on the flats and 'mterstream divides and somewhat
less within the stream corridors. Land use in the project vicinity consists of primarily
active agricultural croplands and managed pine plantations. Light residential
developinent e�st along roadways with forested lands occupying streain corridors and
other undeveloped areas.
The project is located 'm the Neuse River Basin and lies within Hydrologic Unit
03020202 (Subbasin Middle Neuse). This is within the Middle Atlantic Coastal Plain
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eco-region. The project crosses Beaverdam Branch and Stonyton Creek as well as
several tnbutaries to waters of the US, and multiple wetlands.
Based on a field review of the delineation of Waters of the US (WOUS), mcluding
wetlands, the USACE issued a Preliminary Jurisdictional Detennination (PJD) on April
27, 2016. In addition, on May 31, 2016, the NCDWR issued an On-Site Detennination
for Applicability to the Neuse Buffer rules and Applicability to Mitigation rules.
A wetland identification and preluninary assessment analysis for the study area was
conducted from October 6, 2015 tl�rough February 2, 2016 and is summarized 'm the June
2016 Natural Resources Technical Report (NRTR). The wetlands within the study area
were delineated based on the 1987 USACE Wetland Delineation Manual and Regional
Supplement for the Atlantic and Gulf Coastal Plam Region. A preliminary design was
prepared to avoid and minimize wetlands to the ma�num extent possible. Thirty-three
jurisdictional wetland sites were initially identified within the initial project corridor
(NCDOT, 2012). After design revisions (avoidance/minimization and e�ansion of the
corridor right-of-way), there are 10 jurisdictional wetlands sites that will be permanently
m�pacted (2 of which are total takes) by the proposed project.
Wetland systems throughout the study area vary in vegetative composition depending on
hydrological reg�rie and site-specific disturbances. 'I'he project area contains the
following North Carolina Wetland Assessment Method (NCWAM) wetland types: Non-
tidal Freshwater Marsh, Pme Flat, Riverine Swarrip Forest, Hardwood Flat and
Headwater Forest.
Streams witl�in the project footprint with surface water classifications include Stonyton
Creek and Beaverdam Branch. The Best Usage Classification for both streams is "C, Sw,
and NSW." Details for the j�isdictional streams within the project area are provided 'm
the NRTR, There are no waters within the project vicmity classified as High Quality
Waters (HQW). Neither Water Supplies (WS-I: undeveloped watersheds or WS-II:
predominately undeveloped watersheds), nor Outstand'mg Resource Waters (ORW) occur
within 1.0 mile of the project area. Streams within the 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
sedmlentation or turbidity.
Applicant's Stated Purpose
The purpose of the proposed project is to improve regional and area connectivity in areas
north and west of Kinston among US 70, NC 58, NC 148 and NC 11.
Project Description
The NCDOT is proposmg to e�end NC 148 (C.F. Harvey Parkway) on new location as a
four-lane, median divided freeway with full control of access in Lenoir County, North
Carolina. The project e�tends from NC 58 east to NC 11 m Lenoir County, north of the
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City of Kinston. The length of the project is approximately 5.8 miles. The proposed
project is listed 'm the approved 2016-2025 State Transportation Improvement Program
(STIP) as Project Number R-5703 and is state-funded.
Avoidance and Minimization
All jurisdictional features were delineated, field-verified, and surveyed within the study
area. Two build alternatives were studied and Alternative 2 was selected as the Preferred
Alternative. The designs were developed 'm more detail and adjusted to avoid and
mmiinize m�pacts to jurisdictional areas. Project designs were reviewed during
development stages by an interagency review team consisting of representatives from
NCDOT, NCDEQ-DWR, NCWRC, USACE, Michael Baker International, Sungate
Design Group, and AECOM. Input from parties concerned have helped develop
appropriate and practicable steps to avoid and minimize impacts to sensitive areas.
NCDOT employs many strategies to avoid and mmimize 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 that will be
followed tl�roughout construction. All wetland areas not affected by the project will be
protected from unnecessary encroachment. General avoidance and minimization
measures are as follows:
• NCDOT's Best Management Practices (BMPs) for the Protection of Sw-face
Waters will be strictly enforced;
• Impacts to wetlands, streams, and open waters were avoided and/or rnuiiinized by
adjusting alignments and slopes;
• 3:1 fill slopes have been used at stream and wetland crossings to reduce irr�acts
and to promote sheet flow since shoulder berm gutter is not used;
• All storm drainage will be diffused and designed for non-erosive velocities befare
entering stream and wetland areas to the ma�cnnum e�ent practicable;
• Two dry detention basins have been specified (one at each intercl�ange) to provide
stormwater treatment and detention;
• Direct discharge of stormwater to streams l�as been avoided to the e�tent
practicable;
• Rip rap stabilization on banks of jurisdictional streams will be irr�lemented to
prevent erosion;
• Minimizing "in stream" activities.
• Decreasing the footprint of the proposed project through the reduction of right-of-
way widths.
• Utilizing natural stream channel design principles when relocatmg streams.
Proposed stream in�pacts (2,1671inear feet) decreased from the impacts presented 'm
the State EA/FONSI (3,938 lmear feet). Proposed wetland impacts (15.11 acres)
decreased from the impacts in the State EA/FONSI (20.97 acres). These decreases in
jurisdictional m�pacts were achieved by the refinement of the design plans and
incorporation of avoidance and minimization measures in the hydraulic designs.
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Compensatory Mitigation
The applicant offered the following compensatory rrutigation plan to o�set
unavoidable functional loss to the aquatic environment. This project will pern�anently
impact a total of 2,167 linear feet ofwarm water streams, including 1,597 linear feet
of perennial stream channel and 570 linear feet of mtermittent siream channel The
project wi71 also permanently impact a total 15.11 acres of wetlands including 2.05
acres of riparian wetlands and 13.06 acres of non-riparian wetlands. The unavoidable
impacts to wetlands and Waters of the U. S. will be o$'set by compensatory mitigation
provided by the North Carolina Department of Environmental Quality (NCDEQ)
Division of Mitigation Services.
Essential F�sh Habitat
Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act, this
Public Notice mitiates the Essential Fish Habitat (EFI� consultation requirements. The
Corps' determu�ation is that the proposed project will not affect EFH or associated
fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils
or the National Marine Fisheries Service.
Cultural Resources
Pursuant to Section 106 of the Narional Historic Preservation Act of 1966, Append� C of
33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Append� C,
the District Engineer consulted district files and records and the latest published version
of the National Register of Historic Places and initia lly deternlines that:
❑ Should historic properties, or properties eligible for inclusion in the National
Register, be present witlun the Corps' pern�it area; the proposed activity requiring
the DA permit (the undertaking) is a type of activity that will have no potential to
cause an effect to an historic properties.
❑ No historic properties, nor properties eligible for mclusion m the National
Register, are present within the Corps' permit area; therefore, there will be no
historic properties affected. The Corps and NCDOT coordinated with the NC
Departrrient of Cuhural Resources and it was determmed that no historic
reso�ces would be affected by the proposed project, and has received written
concurrence from SHPO.
❑ Properties ineligible far inclusion in the National Register are present within the
Corps' pern�it area; there will be no historic properties a$�ected by the proposed
work. The Corps subsequently requests concurrence from the SHPO (or THPO).
� Historic properties, or properties eligble for mclusion m the National Register,
are present within the Corps' permit area; however, the undertaking will have no
adverse e�ect on these historic properties.
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A Determination of Effects Meeting was held with the State Historic Preservation
Office on April 26, 2016, to detertnine potential impacts to the four eligible historic
arcl�itectural resources. Ih�ring the meeting, it was determined tl�at the proposed
project would have no effects on any of these properties.
Two previously identified arcl�aeological sites (LR103 and LR 318), which have been
identified as potentially eligible for the National Register of Historic Places are
located withui the project study area. No direct mlpacts are eapected to the two sites
during construction of the proposed project. However, additional archaeological
investigations will be conducted on the preferred corridor during the final design.
❑ Historic properties, or properties eligble for inclusion in the National Register,
are present within the Corps' permit area; moreover, the undertakmg may have an
adverse e�ect on these historic properties. The Corps subsequently initiates
consultation with the SHPO (or THPO).
❑ The proposed work takes place in an area known to have the potential for the
presence of prehistoric and historic cultural resources; however, the area has not
been formally surveyed for the presence of cultural resources. No sites eligible
for inclusion in the National Register of Historic Places are known to be present
in the vicmity of the proposed work. Additiona l work may be necessary to
identify and assess any historic or prehistoric reso�ces that may be present.
The District Engineer's final eligibility and effect determination has been based upon
coordination with the SHPO and/or TI�O, as appropriate and required, and with full
consideration given to the proposed undertaking's potential direct and 'mdirect e�ects on
historic properties witl�in the Corps-mdentified pern�it 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 detern�mes that the proposed project would not a�ect federally listed
endangered or threatened species or their forn�ally designated critical l�abitat.
The US Fish and Wildlife Service l�as developed a prograrrnnatic biological opinion
(PBO) in conjunction with the Federal Highway Administration (FHWA), the US
Army Corps of Engineers (LJSACE), and NCDOT for the northern long-eared bat
(NLEB) (Myotis septentrionalis) m eastern North Carolina. The PBO covers the entire
NCDOT program in Divisions 1-8, including all NCDOT projects and activities. The
prograTr�rr�atic determina.tion for NLEB for the NCDOT program is "May A$'ect,
L�cely to Adversely Affect." The PBO provides incidental take coverage for NLEB and
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will ensure compliance with Section 7 of the Endangered Species Act for five years for
all NCDOT projects with federal ne�us in Divisions 1-8, which includes tivs project.
❑ The Corps determmes tl�at the proposed project may affect federally listed
endangered or threatened species or their forn�ally designated critical habitat.
The Corps initiates consultation under Section 7 of the ESA and will not
make a permit decision until the consultation process is complete.
❑ The Corps is not aware of the presence of species listed as threatened or
endangered or their critical l�abitat formally designated pursuant to the
Endangered Species Act of 1973 (ESA) within the project area. The Corps will
make a final detenruuation 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 s�ty days of receipt of a complete application. Additional
information regard'mg the 401 Certification may be reviewed at the NCDWR Central
Office, Transportation Permitting Unit, 512 North Salisbury Street, Raleigl�, North
Carolina 27604-2260. All persons desiring to make comments regaxd'mg the application
for a 401 Certification should do so, m writing, by June 26, 2017 to:
NCDWR Central Office
Attention: Ms. Amy Chapman, Transportation Perrruttmg Unit
(USPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699-1617
.�
(physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604
North Carolina Division of Coastal Management (NCDCM):
❑ The application did not mclude a certification that the proposed wark complies
with and would be conducted 'm a manner that is consistent with the approved
North Carolina Coastal Zone Management Program. Pursuant to 33 CFR 325.2
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(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 Departrnent of Anny (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 pernut will be based on an evaluation of the probable
m�pacts mcluding currn�lative m�pacts of the proposed activity on the public mterest.
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 clunulative e$�ects
thereo� among those are conservation, economics, aesthetics, general environmental
concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plam
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 welfaxe of the people. For activities involving
the discharge of dredged or fill materials m 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 Tnbes and other mterested parties m order to consider and evaluate
the impacts of this proposed activity. Any corr�r�ents 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, comrrients are used to assess m�pacts on endangered
species, historic properties, water quality, general environmental effects and the other
public interest factors listed above. Co�nts are used 'm 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
deterniine the need for a public hearing and to detern�ine the overall public interest of the
proposed activity.
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Any person may request, in writing, within the corrnr�ent period specified 'm this notice,
that a public hearmg be held to consider the application. Requests for public hearings
shall state, with particularity, the reasons for hold'mg a public hearing. Requests for a
public hearing sl�all be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid 'mterest to be served by a hearing.
The Corps of Engineers, Wihnington District will receive written comments pertment to
the proposed work, as outlined above, until Spm, June 26, 2017. Comments should be
submitted to Mr. Thomas Steffens,Washington Regulatory Field Office ,
2407 West Fifth Street , Wasl�mgton, North Carolina 27889 .
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