HomeMy WebLinkAbout20190061 Ver 1_Public Notice_20190204I I
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US Army Corps
Of Engineers
Wilmington District
PUBLIC NOTICE
Issue Date: February 4, 2019
Comment Deadline: March 4, 2019
Corps Action ID Number: SAW-2006-20748
STIP Project No. U-4700
The Wilmington District, Corps of Engineers (Corps) has received an application from the
North Carolina Department of Transportation (NCDOT) seeking Depardnent of the Army (DA)
authorization to discharge dredged or fill material into waters of the United States associated
with the proposed widen US 321 to a six lane median divided facility from just noRh of the US
70 interchange in l-lickory (Catawba County) to Che Southwest Boulevard (SR 1933) interchange
in Lenoir (Caldwell County), North Carolina [State TranspoRation lmprovement Program (STIP)
Number U-4700].
General plans and location information are described below and shown on the attached maps.
This Public Notice and more detailed project plans are also available on the Wilmington District
Web Site at under this Corps Action ID#: http://www.saw.usace.army.mil/Missions/Re�ulatorv-
Perm it-Program/Publ i c-Notices/
The Federal Highway Administration's (FHWA) Environmental Assessment (EA) and related
maps for this project are available on the NCDOT website aC
https•//www nedot gov/qroiects/us-321-hickorv-lenoir/Paees/default aspx
Applicant: North Carolina Departmcnt of Transportation
Project Development and Environmental Analysis Unit
Philip S. Harris III, P.E., C.P.M., Natural Environment Section Head
1598 Mail Service Center
Ralcigh, NoRh 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 applicable procedures under Section 404 of the
Ciean Water Act (33 U.S.C. 1344).
Location
The proposed project is located along US 321 from just north of the US 70 interchange in
Hickory (Catawba County) to the Southwest Boulevard (SR 1933) intersection in Lenoir
(Caldwell County). The proposed improvements involve approximately 14 miles of existing US
321 with a majoriry of the roadway located in Catawba and Caldwell Counties and 03 mile in
[3urke County. There are five municipalities that are located along the project corridor: City of
Hickory, Town of Grani[e Falls, Town of Sawmills, Town oCHudson, and City of Lenoir (Figure
I ).
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Existing Site Conditions
The study area is located in both the piedmont and mountain physiographic regions of North
Carolina. Topography in the project vicinity is characterized by very steep slopes and narrow
ridges. Elevations in the study area range from approximately 980 to 1,280 feet above mean sea
level. Land uses in the project vicinity consist of primarily commercial and residential
interspersed with forested areas between developments and along stream corridors. Based on
information contained in the United States Department of Agriculture Soil Survey data for
Caldwell (1989), Burke (2006), and Catawba (1975) counties, the soils within the study area are
composed of twenty-two soil types.
Waters impacted by this project area are located in the Catawba River Basin (HLTC 03050101,
within subbasin 03-08-32). No Outstanding Resource Waters, High Quality Waters, or Water
Supply Waters (WS-I or WS-II) waters occur within 1.0 mile of the project area. Seven named
streams as well as their unnamed tributaries are located within the impact area of this project
(Table 1).
Wetland and stream determinations within U-4700 were conducted using the field delineation
method outlined in the 1987 Corps of Engineers Wetland Delineation Manual and the 2012
Eastern Mountains and Piedmont Supplement. The U.S. Army Corps of Engineers and the North
Carolina Division of Water Resources (NCDWR) field verified the wetlands and surface waters
on October I5, 2018.
Gunpowder Creek (11-55-(1.5)) is currently listed on the North Carolina 2016 Final 303(d) list
of impaired waters for having impaired benthos. The only unnamed tributary to this portion of
Gunpowder Creek impacted within the project area is stream SAA within U-4700C and U-
4700CB.
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There are no trout waters or watersheds within the project area. Therefore, no moratoria are
required for this project.
The project will not impact any designated Wild and Scenic Rivers or any rivers included in the
list of Study Rivers (Public Law 90-542, as amended).
US 321 is classified as an urban principal arterial from US 70 in Hickory to 2"d Avenue in
Hickory. From 2nd Avenue to Southwest Boulevard in Lenoir, US 321 is classified as a principal
arterial on the Statewide Functional Classification System. The approximately 14 miles of
proposed improvements for US 321 are from its junction with US 70 in Hickory, Catawba
County to the Southwest Boulevard intersection in Lenoir, Caldwell County (see Figure 1).
Catawba, Burke, and Caldwell Counties are located in Western North Carolina in the foothills of
the Appalachian Mountains. Catawba, Burke, and Caldwell Counties are part of the Hickory-
Morganton-Lenoir Metropolitan Statistical Area, the fourth largest MSA in North Carolina. This
MSA has a population of over 300,000 people. The project area starts approximately 1 mile
north of Interstate 40 in a commercial & industrial part of Hickory. The project moves north and
crosses the Catawba River. The project passes through and terminates in a more rural area which
is dotted with businesses, towns, communities, and farmlands.
The Western Piedmont Council of Governments is designated as the Lead Planning Agency for
the Greater Hickory Metropolitan Planning Organization. The Greater Hickory MPO and
NCDOT assist the four counties and 24 municipalities in developing a regional transportation
plan. Planning efforts connect the entire region to develop a cohesive multi-modal transportation
system.
Currently, US 321 is a four-lane highway with a 30-foot grass median and 4-foot paved
shoulders. Median breaks have been provided at intersections and some large driveways. The
existing right of way ranges from 150 to 700 feet in width. The right of way also varies from full
control of access to no control of access. The posted speed limit on US 321 varies from 45 to 55
miles per hour within the project area. The project area contains two interchanges, 12 signalized
intersections, and five grade separations across US 321.
Applicant's Stated Purpose
The purpose of the proposed project is to reduce congestion on US 321 in order to achieve a
level of service (LOS) D or better in the Design Year 2040.
This purpose is based on the applicant's needs, as follows:
� Segments of US 321 between Hickory and Lenoir are currently experiencing congestion
and operate at LOS E and F. Also, a majority of intersections along the project area
currently operate at LOS E and F. In the Design Year (2035), 12 of 13 segments along the
mainline and 16 of 18 intersections are projected to operate at LOS F.
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Project Description
NCDOT proposes improvements to include the widening of US 321 from just north of the US 70
interchange in Hickory (Catawba County) to the Southwest Boulevard (SR 1933) interchange in
Lenoir (Caldwell County). The proposed improvements involve approximately 14 miles of
existing US 321 with a majority of the roadway located in Catawba and Caldwell Counties and
0.3 miles in Burke County.
The original limits of Project U-4700 were from US 70 in Hickory to US 64 in Lenoir. The
northern terminus was changed in October 2015 from US 64 to Southwest Boulevard to provide
additional time for the Department and the City of Lenoir to study alternatives at the US 321
with US 64/NC 18-90 intersection. Therefore, the project limits for U-4700 were shortened to �
Southwest Boulevard, a distance of 3.3 miles.
The project will be permitted in phases due to project size, funding and TIP schedule. Table 2
describes the proposed project sections and phasing. Department of the Army authorization for
actual roadway construction is only being considered on Sections CA, CB and CC where final
design has been completed and where all practicable measures to minimize impacts to waters
and/or wetlands have been adopted. The proposed impacts for the remaining Sections A, B, and
C are based on preliminary design. Preliminary design impacts have been calculated using
preliminary slope stakes plus 25'. Work on those sections with preliminary design, as identified
above, will only be authorized after all practicable measures to minimize impacts to jurisdiction
aquatic resources have been adopted. Accordingly, NCDOT will be required to seek
modifications to the existing permit, if issued, in order to commence work on the other sections
of road identified above. Permit modification requests will be submitted as the final design is
completed for each of the remaining sections (A-C) according to the phasing dates provided in
Table 2.
Table 2— Pro'ect hasin for US 321 Widenin -4700
� � ' Approxirriat Constructio
Section ` Approximate Section Limits
� e Length n Letting
U-4700CA SR 1160 ount Herman Road Intersection U ade N/A Jun 2019
U-4700CB SR 1809/1952 Pine Mountain Road Intersection N/A Jun 2019
U-4700CC SR 1108 ission Road Intersection U ade N/A Jun 2019
U-470OA US 70 to US 321A 3.5 miles Au 2021
U-4700B US 321A to SR 1108 ission Road 7.2 miles Jan 2030
U-4700C SR 1108 Mission Road to SR 1933 Southwest Blvd. 3.3 miles Jan 2030
TOTAL: 14 miles
The preliminary projected impacts for the overall project will be approximately 0.7 acre of
permanent wetland impacts, 5,950 linear feet of permanent stream impacts, and <0.01 acre of
temporary stream impacts. Table's 3 and 4 contains a summary of the proposed jurisdictional
wetland and stream resources by TIP section.
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'/
Table 3— Summary of Wetland
• � esign �Stage
Section ,. Wetl,
-4700
-4700CC
Impacts for U-4700
and Irnpact Type , �
Fill
Fill
Fill
Fill
Fill
rea=(ac) .
1*
Z*
n�
Total 0.7
* Preliminary impacts are calculated using slope stakes +25'
Table 4— Summa of Stream Ym acts for U-4700
: Section Desig ', Stream.;Impact Type �pact
. n , . Lerigth .
U-4700A Preliminar Permanent Fill 1,795
U-4700B Preliminar Permanent Fill 3,055
U-4700C Preliminar Permanent Fill 1,000
U-4700CA Final Permanent Fill --
Tem orar --
Permanent Fill 100
U-4700CB Final Tem orar --
U-4700CC Final permanent Fill --
Tem ora --
Total 5,950
T rreiimmary impacis are
** See Table 5
Avoidance and Minimization
�
�
.7
�
iring •
ation (1�
Temporar � 5�'eain
Tm acts ` ` �?I?acts
Y P
. -.
--� 1,795*
-- 3,055*
-- 1,000*
0
-- 100**
<0.01
0
<0.01 5,950
nporary impacts
The applicant provided the following information in support of efforts to avoid and/or minimize
impacts to the aquatic environment: NCDOT has avoided impacting many wetlands and
streams, and reduced impacts to these resources to the greatest extent practicable. Information
regarding the avoidance and minimization efforts with regard to Dwarf Flowered Heartleaf
(DFHL) is detailed in the December 2018 Biological Assessment. Other specific examples of
avoidance and minimization measures include:
• Shifted a U-turn bulb within U-4700CB further south to avoid impacts to a stream and
wetland.
• Selected a 22 and 30-foot median rather than a 46-foot median typical section.
• Added a bridge and increased slopes on the Grace Chapel Flyover ramp at Station 14+98
to minimize stream impacts.
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• Added several retaining walls near Falls Avenue (northbound off-ramp, southbound on-
ramp, and northbound on-ramp) to minimize impacts to both streams and dwarf-flowered
heartleaf.
• Re-aligned the connector road from the Alex Lee Boulevard interchange to Sage Meadow
Circle to avoid stream impacts and minimize property impacts.
• Removed Dudley Shoals Road loop to minimize stream impacts and avoid impacts to
historical resources.
• Slopes at CP2A Hydraulic Sites 3, 5, 6 and 11 will be steepened to minimize stream
impacts.
• Steepened slopes in the vicinity of several populations of DFHL (population numbers 24,
26, 32, 36, 48, and 51) to minimize impacts to these plants.
• Steepened slopes and tightened buffer to avoid impacts to a DFHL conservation area.
• Expressway gutter was added in two locations to minimize impacts to property and a
Duke Energy Substation.
• Best Management Practices will be utilized during construction to attempt to reduce the
stormwater impacts to receiving streams and wetlands due to erosion and runoff.
Compensatory Mitigation
According to the applicant, the project has been designed to avoid and minimize impacts to
jurisdictional areas throughout the National Environmental Policy Act (NEPA) and design �
processes. However, project impacts will necessitate compensatory mitigation to offset
unavoidable functional loss to the aquatic environment. It has been determined that onsite
mitigation is not an option for this project and the North Carolina Division of Mitigation
Services will provide all required mitigation for these sections. Mitigation acceptance letters
were submitted with the permit package for Section A(preliminary design) and Section CB
(final design impacts), however compensatory mitigation will be provided for Sections B and C
after final design is completed.
Cultural Resources
The FHWA is the lead federal agency for this project and, in accordance with Section 106 of the
National Historic Preservation Act (NIIPA), is the federal agency responsible for making
determinations and when required, requesting concurrence with these determinations from the
North Carolina State Historic Preservation Office (SHPO). Any adverse effects to historic
resources would be resolved through execution of a memorandum of agreement.
Archaeological and Historic Architectural Resources:
Representatives of the SHI'O, FHWA, and NCDOT met on March 10, 2015 and reached
concurrence on effects to three resources based on the early project design.
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• Houck's Chapel (CT0180 —NR)—No Adverse Effect with Commitments
• G. Haywood Hartley House (CW0231 — DE)—No Effect
• James Edgar Broyhill Estate (CW0251 — DE) —No Adverse Effect with Commitments
Following design changes and additional investigations of an expanded study arca, a second
effects consultation on March 20, 2018, established the final findings for the three resources
above and one additional resource:
• Houck's Chapel (CT0180 — NR) — No Effect
• G. Haywood Hartley House (CW0231 —DE)—No Effect
• James Edgar Broyhill F,state (CW0251 — DE) —No Adverse Effect with Commitments
• Julius V. Stirewalt Farm (CW0832 — DE)—No Effect
If a Corps permit is issued for this project, the commitments for a fnding of No Adverse Effect
would be included as a special condition of the permit.
The archaeological survey within the Area of Potential Gffects (APE) was completed on July 24,
2015, and the results showed that none of Che fifteen evaluated sites were determined to be
eligible for the NRHP under any criteria and that no fur[her work was necessary. The SHPO
concurred via letter December 22, 2015. Supplemental archaeological field investigations were
completed on August 3Q 2017 to capture an expanded APE. No new sites were identified.
Endangered Species
The FHWA is the lead federal agency for this project and is the federal agency responsible for
making determinations and requcsting concurrence, when required, with these determinations
from the US Fish and Wildlife Scrvice (USI'WS), in accordance with Section 7(a)(2) ofthe
Endangered Species Act (ESA). Table 5 contains the federally listed threatened and endangered
species for the 3 counties within the project area. It also includes the FHWA's determinations of
effect to these species that would result from implementation of the project.
TaMe �— Federalh� proteeted specics listed for Catawbe, Burl:c, xnd Calchscll Cuuntics
ScientiFc Name Common Name County* Federal Habitat Biological
Statusx* Present Conclusion
Clemmys miehlenbergii Bog turtle B, Ca T(S/A) N/A Not Required
Gluucomys sabrinus Carolina northern Ca E o No Effect
coloratus fl in s uirrel
yotis septentrionalis orthem long- Ct, B, Ca T Yes �
eared bat
Corynorhinus townsendii Virginia big- eared Ca E o o Effect
vir inianus bat
icrohexura montivaga Spruce-fir moss Ca E o o Effect
s ider
Version 6.15."1017 Pagc 7
exastylis nan�ora �'�'arf-flowered Ct, B, Ca T Yes ALAAz
eartleaf
iatris helleri eller's blazing star , Ca T o o Effect
udsonia montana Mountain golden T o o Effect
eather
edyotis purpurea var. oan mountain Ca E o o Effect
montana bluet
elianthus schweinitzii Schweinitz's Ct E Yes o Effect
sunflower
sotria medeoloides Small whorled T Yes o Effect
0 onia
Geum radiatum S reading avens B E o o Effect
isyrinchium dichotomum White irisette E Yes o Effect
Gymnoderma lineare ock gnome lichen B o o Effect
�`l;t — C;atawba c:ounty, 13 —13urke C;ounty, Ca — Caldwell County
**T(S/A) — Threatened due to similarity of appearance, T— Threatened, E— Endangered
1— Northern long-eared bat is consistent with the 4(d) rule
2— May Affect, Likely to Adversely Affect
Below is a summary of species with habitat in the project area:
Northern long-eared bat: A memo documenting that NCDOT has satisfied the 4(d) requirements
for this project with regard to this species was sent to USFWS on November 9, 2017.
Dwarf-flowered heartlea£ Multiple populations of dwarf-flowered heartleaf (DFHL) are present
within the project area and Formal Section 7 Consultation was necessary for this species. A
Biological Assessment (BA) was distributed for comment on November 30, 2018 and was
submitted on December 20, 2018. It is anticipated that the USFWS will issue a Biological
Opinion (BO) concurring with the biological conclusion of "May Affect, Likely to Adversely
Affect" for this species, however the Corps cannot make a permit decision until the consultation
process is complete.
Schweinitz's sunflower: Walking visual surveys of all areas of potential habitat within Catawba
County were conducted in September 2013, October 2015 and September 2018. No individuals
of this species were identified within the project area and there are no known occurrences within
1.0 mile of the project.
Small whorled pogonia: Walking visual surveys of all areas of potential habitat within Burke
County were conducted in June 2009, July 2013, and June 2018. No individuals of this species
were identified within the project area and there are no known occurrences within 1.0 mile of the
project.
Version 6.15.2017 Page 8
White Irisette: Walking visual surveys of all areas of potential habitat within Burke County were
conducted in July 2013, and June 2018. No individuals of this species were identified within the
project area and there are no known occurrences within 1.0 mile of the project.
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 agrees that the proposed project
may affect, likely to adversely affect a federally listed endangered or threatened species or their
formally designated critical habitat (Dwarf-flowered heartlea�. Consultation has been initiated
with the USFWS by FHWA and a Biological Assessment was submitted on December 20, 2018,
and as stated above, the Corps will not make a permit decision until the consultation process is
complete.
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 March 4, 2019 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
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,
Version 6.15.2017 Page 9
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 oFthe 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 USACE to select the
LEDPA 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 prepazation of a Corps of
Engineers EA and/or an Environmental Impact Statement pursuant to NEPA. Comments are also
used to determine the need for a public hearing and to determine the overall public interest of the
proposed activity.
Written comments pertinent to the proposed work, as outlined above, will be received by the
Corps of Engineers, Wilmington District, until Spm, March 4, 2019. Written comments should
be submitted to Mr. Steve Kichefski, US Army Corps of Engineers, Asheville Regulatory Field
Office, 151 Patton Avenue, Room 208, Asheville, NC 28801-5006, telephone (828) 271-7980,
ext. 4234. Written comments can also be submitted by email to:
steven.l.kichefskina,usace.army.mil
Version 6.15.2017 Page 10
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