20170730 Ver 1_SAW-2017-01232-PN_20170615

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US Army Corps
Of Engineers
Wilmingtoil Dish-ict
PUBLIC NOTICE
Issue Date: June 15, 2017
Coinment Deadline: July 14, 2017
Corps Action ID Nuinber: SAW-2017-01232
The Wilmington District, Corps of Engineers (Corps) received an application froin the
North Carolina Department of Transportation (NCDOT) seeking Department of the Arn1y
authorization to discharge dredged or fill material into waters and wetlands in Hydrologic
Unit Code (HUC) 03040101 (Yadkin/Pee Dee River Basin), associated with
Transportation Improveinent Project (TIP) No. U-2579C (I-74/Winston Salein Northern
Beltway) ii1 Forsyth Colinty, North Carolina.
Specific plans and location infoj-�nation are described below and shown on the attacl�ed
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/Re u�ryPermitProgram.aspx
Applicant:
Authority
Mr. P}�illip S. Harris III, P.E., C.P.M.
Natural Environinent Section
North Carolina Depai�tment of Transportation
1598 Mail Service Center
Raleigh, North Carolina 27699-1598
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
Authoi�ities:
� 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 Sailctuaries Act of 1972
(33 U.S.C. ] 413)
Location
Directions to Site: The proposed site is a new align�nent linear transportation corridor
from US 158 running northwest to a new interchange with US-311 located east of
Winston-Salem, Forsyth County, North Carolina.
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Project Area (acres): 43/1.99 miles Nearest Town: Winston-Salem
Nearest Waterway: Lowery Mill Creek River Basin: Yadkin
Latitude and Longitude: 36.150030N, -80.169590W
Existing Site Conditions
The proposed corridor contains primarily a combination of open, agricultural, and
forested land use classifications, with single family residential land uses occurring
throughout the corridor.
This project lies within the Piedmont Physiographic Province in the Yadkin River
Basin (Hydrologic Unit Code 03040101). Jurisdictional features within the U-2579C
project study area that will be impacted include 3 unnamed tributaries (UT) to Frazier
Creek (NCDWR Classiiication WS-III; NCDWR Index No. 12-94-12-3-[0.5]), Frazier
Creek, Lowery Mill Creek (NCDWQ Classification WS-III; NCDWQ Index No. 12-94-
12-3-1), one UT to Lowery Mill Creek, and four riparian wetlands.
There are no designated Outstanding Resource Waters (ORW), High Quality Waters
(HQW), Water Supply I(WS-I), or Water Supply II (WS-11) waters within 1.0 mile of
the project area. No waters within the project area and within a mile of the project area
are listed on the 2012 303(d) Final List of Impaired Waters of North Carolina.
Applicant's Stated Purpose
The purpose of the proposed project is to improve intrastate and interstate mobility,
improve roadway system linkage and continuity, reduce traffic congestion and carry
future traffic at a desirable level of service, enhance safety, and provide a corridor for
I-74 (a congressionally designated High Priority Corridor on the National Highway
System). The transportation needs of the proposed project are intended to address the
following: poor intrastate and interstate linkage to the north and south, poor roadway
connectivity within and through eastern Forsyth County, capacity deficiencies,
above-average accident rates on area roadways and corridor for I-74.
Background
Merger Process
This project additionally has progressed through a collaborative process which includes
multiple Resource and other integral Regulatory Agencies known in the State of North
Carolina as the Merger Process. This group of agencies reviewed key points in the project
development and agreed to milestones relative to their Agency responsibilities. The
Merger Team agreed to the following milestones:
The NEPA/404 Merger project team (Merger team) for this project was assembled in
Raleigh in July 19, 2000, and February 8, 2001, to discuss the purpose and need
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statement and study con�idor, and teain concurrence was confirmed by signature. The
Merger team concurred on alternatives to be st�idied in detail in February 8 and April 18,
2001. The Corps has reviewed NCDOT's wetland and sti-eam delineations for this project
in the field, and verified the accuracy of the delineations. The Merger team concurred
with the Preferred Alternative in March 17, 2005, and avoidance and minimization
measures in June 9, 2005. January 2007, FHWA approved the Supplemental Final
Environinent Impact Statemeilt Wii�ston-Salem Northei-�7 Beltway (that includes TIP U-
2579C). The Merger team met on November 19, 2008, atld concurrence was confii-�ned
far the Merger Concunence 4B Hydraulic Design Review. On Februaiy 8, 2017, the
interagency Merger team met and concurrence was confirined for the Merger
Concurrence 4C Pei7nit Drawings Review. On Jtule 9, 2017, NCDOT applied for a
permit application to discharge iill material into waters of the United States for U-2579C.
Project Description
The North Carolina Departinent of Transportation, Division of Highways, proposes to
constrtict on new alignment an eastern section of the proposed Winston-Salem Northern
Beltway froin US 158 to US 31 l. The new road aligninent will consist in each direction 3
12-foot lanes plus 1 12-foot future lane with a 12-foot paved shoulder and a 22-foot
grassed median. The road alignment will be a eontrol access freeway wit11 an interchailge
at US 311. The estimated lengtl� of the project is 1.99 miles. Tl1is pi•oject is included in
the North Carolina Departinent of Transportation's Transportation Improvement Prograin
(TIP).
Sa�mmary of Ii�n�acts:
Proposed iinpacts for U-2579C project include penllanent iinpacts to 997 linear feet of
stream channel (921 liilear feet of perinanent fill and 76 linear feet of bank stabilizatioil),
and 0.88 acre of wetlands (0.79 acre of pein�anent iill, and 0.09 acre of inechanized
clearing). The proposed project also involves temporary iinpacts to 199 linear feet of
stream channel. Proposed project impacts are listed pei- project section in the table below:
T:�ble 1 — L--?:+'�C' ��-etl.3ud Ivn.�aicts"
Pei•��iit �,'4'e�lanqd �i�4�etlan� Si,ae Ferm�3nneil� Fil� i�g E�:ca}=�3t�oii i�IechailizQr� �nip�cts ffte�guie-iiig
Si�e 1"�tam�ier i [�ac} �"v`e�lands �.ac] �aej �Cle��riilg (:ae) h7itigatio�a (��e)
� Es-G�u�� o.�� �-:+�.�ai -- ��:c�.c�i c�.r��
7:� �S-�'�Tla Q.15 Q�.14 -- -- Q.1�
11 E�-1�ti15 �.5G C}.08 -- D.d3 a,lIl
1� ES-��b� 12 s l.f�C� Q.57 -- �.t15 J.G�
T�t��l Iitip�Tts ** 0.7� 4.C➢�Q Q.�l�' 0,88
`" W�'etlaud7 iv:��ctzd ue rix�u7w.
1.`�lh'etl�d n�i�ilrer correspuuds t� T_T_�i7�? R-�-'�+' PJD 1��Ueliu�-
'•' ��'etl�ud �a�e is tiase� o�t Lp_�'i-r�� R-?_'-1' PJD.
��` ��L'etlaud au��aiL�er currewpc�uds te U-_' i?QB PTL�.
** F�c�iuided Tflt:els ar� stanm flf acn�:�l �n��aets to- Il 1�lU+Jfli.
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Tak�1Q 2- U-2�7? Streain Ini acts
Pe���n�anent 'Tenlpoo:3n�
Sri�eaE�i'v'ame Str�;atit h1iY�gation
Site Icnl�actT�*pe I�npact Qe3ipacts
(F ;� I )'" Nun�Uer •; 1 lt� �':equin�en�ent `
UT ta Fra�ie4� Ci•eek Perc�i. Fill S:i -- LiSACE
6 I �e-Si0
� � Cliannel St,�Uilization 15 - US:�CE
UT t� Fia�iee� Creek Prrm. Fill [pi�ej _'l�5 4Cl USACE & L�1�'r'R
��` sli. 1 � �f 41 P
� � � ) BankStalri3iz3tion 25 -- --
ES-531
UT t� Fra�ier Creek Fer�n. Fill [gij�ej 271 56 US�CE �[��1'R
9 -
[;Ii,'_'S c�f 41] (Pl t,liannel St.al3tili�atioii -�5 -- U.SALE .a L�'�1'R
Frazier Ct�ek Fra�ier Grzek Periii. FiO� �(3'iC$L') ;17 ? i US.�CE �< L7L1'R
11 7
tP) �.�'-�'�-] Baiik Stal3iHi�arioil 25 -- --
12
�.ocg•iz�Alill Creek Lc�iro�zc-� Rtill i:ree� Ban�::Stal�i3izatir�n _'u -- --
tF] [ES-S3�) T��oi�. eros�i�i.g - 80 --
1� L"T to Lat��•et-�� 1+(ili �S-S�i F�r•m. Fill ¢,� 15 -- LiSACE
Creek Pj [F'� 7
Tot.�l Tetil ut.�j�y Iii7 �acts: -- 19�
Tot:�1 Peruraueii# Izuga�tits [Pernt. Fill +&aE�k Stalai➢izationj: 997
Baank Stabilizatiou Inip�acts; 7ii
Permanen# IZup.�cts Rec�uiriP�g US:�CE Mitig��tion
[Tan,�l Pei•auan�ent Zin}�.�cts - B.aY�k St.;l3ilizatioit Itupat�ts), �? a
Ferca�anznt Imparts Req��pirin; L1i'v'R hliti�ation, €3$
Total dinp:3cts Rer�uiz�ing?�litigation: �211�'''
''P = Pn�mual: I = Lirc�nurtent
1 -Stre.un\riuiUerc�rres�,ondst�,L�-'_b;qi-''�-P7D1aUzIiuII.
_- APitiaat�ou is reqniue3l�-; L)'�'iR �,l-heu peruianent iuipacts to a sivale feanuz e�;ceed 1�-� liuear Teet.
_'s -�-5,��'E streun u�:ti��tian is r�gic� 11� ai a rati�, uf =:1.
�- Fiu:�l u�iti�atic�u rer�ai�rzuieut �.3ill t�e up t� the LS�CE wd Di�R RSitiQation far 9'1 LF of pzni��uent stre:a�ni iyupact
{aT ':1 rat:o} l�a: been reilmeste3 fronu D�TS.
� OYE: Sitz S l��s �eeu renasaied as Sit� 7_� and Site 1C� l�a: t�ev zliutinare�i.
Activities resulting in permanent fill in streams include culvert installation, chamlel re-
alignment, and streain chai7ileliaation activities. Bai1k stabilizatioil activities are a
separate type of fill activity as these activities do not typically occur within the chani�el
(thalweg) of the stream, but rather only on the strea�n banks. Activities resulting in
pernlauent iinpacts in wetlands include roadway fill, excavation in association with a fill
activity, and mecllanized clearing without a specified wetland restoration plan.
Temporary impacts proposed are those associated with construction access and
dewatering activities, as well as storinwater tie-ins where the iinpact areas wolild be
retunled to pre-consh�uction grade and contour following construction.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or
mini�nize impacts to the aquatic e�zvirom��ent:
Existi��g drainage pat�terns and outfalls have been mai��tained where possible. Best
Management Practices (BMPs) will be utilized during const�-uction to attempt to reduce
the stonnwater impaets to receiving streail�s and wetlands due to erosion and runoff.
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Measures have been taken throughout the proj ect to limit impacts to wetlands and surface
waters. These additional measures have been taken:
• A Dry Detention basin will be utilized in the gore area between the -L- line and
Ramp B. This basin will serve to attenuate peak stormwater flows, promote
settlement of suspended solids and reduce erosive velocities downstream.
• Site 11: The CSPA will utilize a headwall and endwall to shorten the length of the
CSPA to minimize stream impacts to Frazier Creek. Additionally, constructed
riffle will be employed upstream of the culvert to prevent head-cutting into the
wetland to avoid further impacts.
• Site 12: Lowery Mill Creek is hydraulically a culvert-sized crossing; however,
NCDOT has agreed to bridge this stream as a minimization effort.
• No deck drains will be used on the Lowery Mill Creek bridge, eliminating the
potential for direct roadway runoff into surface waters. A riprap energy dissipator
basin will be used at storm drain system outlets, in the Lowery Mill Creek
floodplain, to reduce peak flow velocities to Lower Mill Creek.
• 2:1 slopes will be used to reduce impacts to surrounding wetlands and
jurisdictional streams (except on the interchange ramp/loop and Dry Retention
Basin, where 4:1 slopes are used, which do not change the impact quantity as this
area will be iilled to elevation 940A for the Dry Retention Basin).
• Based on discussions at Merger Meeting 4C, several pipes will not be buried in
order to prevent destabilization of streams (headcuts), as stability is the primary
objective of any stream relocation. The following pipes at jurisdictional locations
will not be buried:
-site 6: 24-inch Reinforced Concrete Pipe (RCP) outlet at station 31 + 30-
Y 1-Rt
-site 7: 72-inch RCP inlet at station 413+74-L-Lt
-site 9: 78-inch CSP inlet at station 21+46-Y1RPD-Rt; 78-inch CSP at
station 25+82-Y1RPD-Lt
-site 14: 42-inch RCP outlet at station 42+15-Y1-Rt
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment:
For U-2579C, 997 linear feet of permanent warm water stream impacts are proposed. Of
that total, NCDOT does not propose to provide compensatory mitigation for the 761inear
feet of bank stabilization impacts. Of the remaining 921 linear feet of permanent stream
impacts, NCDOT proposes to provide compensatory mitigation for 921 linear feet at a
2:1 ratio. Compensatory mitigation for the 0.88 acre of U-2579C wetland impacts is
proposed at a 2:1 ratio. NCDOT proposes to provide the above compensatory mitigation
through purchasing stream and wetland credits from the NC Division of Mitigation
Services (NCDMS).
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Essential Fish Habitat
Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act, this
Public Notice initiates the Essential Fish Habitat (EFH) consultation requirements. The
Corps' initial determination is that the proposed project would not effect EFH ar
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 and initially determines that:
❑ Should historic properties, or properties eligible for inclusion in the National
Register, be present within the Corps' permit 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 inclusion in the National
Register, are present within the Corps' permit area; therefore, there will be no
historic properties affected. The Corps subsequently requests concurrence from
the SHPO (or THPO).
❑ Properties ineligible for inclusion in the National Register are present within the
Corps' permit area; there will be no historic properties affected by the proposed
work. The Corps subsequently requests concurrence from the SHPO (or THPO).
❑ Historic properties, or properties eligible for inclusion in the National Register,
are present within the Corps' permit area; however, the undertaking will have no
adverse effect on these historic properties. The Corps subsequently requests
concurrence from the SHPO (or THPO).
❑ Historic properties, or properties eligible for inclusion in the National Register,
are present within the Corps' permit area; moreover, the undertaking mav have an
adverse effect 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 vicinity of the proposed work. Additional work may be necessary to
identify and assess any historic or prehistoric resources that may be present.
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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-indentified 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 would not affect federally listed
endangered or threatened species or their formally designated critical habitat.
� 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.
According to the North Carolina Natural Heritage Program (NHP) Biotics
Database, most recently updated October 2015, the nearest NLEB hibernacula
record is 80 miles west (EO ID 32171) and no known NLEB roost trees occur within
150 feet of the project area.
NCDOT has also reviewed the USFWS Asheville Field office website for consistency
with NHP records
(http://www.fws.gov/asheville/htmis/proj ect_review/NLEB_in_WNC.html).
This project is located entirely outside of the red highlighted areas (12-digit HUC)
that the USFWS Asheville Field Office has determined to be representative of an
area that may require consultation.
NCDOT has determined that the proposed action does not require separate
consultation on the grounds that the proposed action is consistent with the final
Section 4(d) rule, codified at 50 C.F.R. § 17.40(0) and effective February 16, 2016.
NCDOT may presume its determination is informed by best available information
and consider Section 7 responsibilities fulfilled for NLEB. NCDOT made
notification to USFWS on April 12, 2016.
❑ 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.
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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, 401 and Buffer 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 July 6, 2017 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, Raleigh, North Carolina 27604
North Carolina Division of Coastal Management (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 Corpswill 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).
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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 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, July 14, 2017. Comments should be
submitted to James Lastinger, Raleigh Regulatory Field Office,
3331 Heritage Trade Drive, Suite 105 , Wake Forest, North Carolina 27587,
at (919) 554-488 Ext 32.
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