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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER
GOVERNOR
February 12, 2019
Mr. Eric Alsmeyer
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Mr. Robert Ridings
DWQ — Transportation Permitting Unit
1650 Mail Service Center
Raleigh, NC 27609
JAMES H. TROGDON, III
SECRETARY
Subject: Application for RGP 1982000031 Section 404, Section 401 Water Quality
Certification, for US 70 corridor and interchange improvements to control access
freeway standards from US 70 Bus to the Neuse River Bridge, north of Selma, in
Johnston County, North Carolina, TIP W-5600, WBS 50056.1.1.
Dear Sirs:
The North Carolina Department of Transportation (NCDOT), Division of Highways, in
consultation with the Federal Highway Administration (FHWA), proposes to construct
US 70 corridor and interchange improvements to control access freeway standards from
US 70 Bus to the Neuse River Bridge, north of Selma, in Johnston County, North
Carolina.
The purpose of this letter is to request approval for a Section 404 RGP 1982000031, a
Section 401 Water Quality Certification, and Riparian Buffer Authorization. In addition
to the cover letter, this application package includes the following for W-5600: Pre-
construction notification (PCN) application, Permit Drawings, Mitigation Plan, and DMS
Acceptance Letter.
1.0 Purpose and Need
The purpose of the project is to improve the safety and mobility of vehicular travel along
US 70 within the project limits.
MailingAddress: Telephone: (252)640-6427 Location:
NC DEPARTMENT OF TRANSPORTATION Customer Service: 1-877-368-4968 509 WARD BLVD
DNISION FOUR WILSON, NC 27895
POST OFFICE BOX 3165 Website: www.ncdot.gov
WILSON, NC 27895
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER
GOVERNOR
Detailed crash data was collected within the project study limits between May 2009 and
Apri12014. The data indicates 137 crashes occurred within the project limits during this
time period. Two of those crashes resulted in fatalities. One other crash resulted in
serious injuries to two people. The fatal crash rate for the section of US 70 within the
project limits is higher than the statewide average for similar facilities.
The existing traffic signals along the section of US 70 within the project limits result in
delays to traffic. These conflict points cause the substantial regional through traffic on US
70 to stop or slow down to accommodate vehicles crossing and turning onto US 70, as
well as vehicles turning from US 70. The mobility of US 70 will continue to erode as
traffic volumes increase on US 70 and intersecting roadways. In addition, the speed limit
can only be set to 55 miles per hour (mph) because of the at-grade intersections. The
speed limit of the adjoining freeway section of US 70 to the west is 70 mph.
2.0 Project Description
The North Carolina Department of Transportation (NCDOT) proposed project involves
upgrading US 70 to a freeway from US 70 Business to the Neuse River in Johnston
County. The project includes construction of interchanges at the intersections of US 70
with SR 1501 (Swift Creek Road) and SR 1903 (Wilson's Mills Road). It also includes
closing the remaining at-grade intersections and median openings that provide direct
access to US 70 from adjacent properties. Access to properties adjacent to US 70 will be
provided via newly constructed service roads. Staged construction with onsite routing of
traffic are included during the proposed project construction. Heavy road and bridge
building equipment will be used. The length of the project is approximately 5.8 miles.
3.0 Summary of Impacts
JAMES H. TROGDON, III
SECRETARY
Waters of the U.S.: Proposed impacts to jurisdictional areas tota14.48 acres of
permanent wetland impacts (project includes an additional 1.44 acre of inechanized
clearing impacts and 0.5 acre of hand clearing impacts), 16401inear feet of permanent
stream impacts (project includes 523 linear feet of bank stabilization impacts), 395 linear
feet of temporary stream impacts associated with construction dewatering, 0.22 acre of
open water impacts associated with two ponds drain/fill, and 121, 823 square feet zone 1
and 78,393 square feet zone 2 buffer impacts subject to Neuse River Basin riparian buffer
rules.
Mailing Address.•
NC DEPARTMENT OF TRANSPORTATION
DIVISION FOUR
POST OFFICE BOX 3165
WILSON, NC 27895
Telephone.• (252) 640-6427
Fax: (252) 234-6174
Customer Service: 1-877-368-4968
Location:
509 WARD BLVD
WILSON, NC 27895
Website: www.ncdot.gov
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER
GOVERNOR
4.0 Summary of Mitigation
JAMES H. TROGDON, III
SECRETARY
The proposed impacts to jurisdictional areas within the project limits will require
compensatory mitigation. Impacts to 16401inear feet of stream (proposed 2097 linear
feet of warm stream mitigations units) and 4.48 acres of wetlands (proposed 8.96 acres
riparian wetland units) will be mitigated through the in-lieu fee program administered by
the North Carolina Division of Mitigation Services (NCDMS). A total of 146,247square
feet of buffer impacts (352,065 square feet of Neuse River buffer units) associated with
this project will also be mitigated through NCDMS. NCDMS acceptance letter, and
other information conveying our adherence to mitigation requirements accompanies this
permit package.
5.0 Project Schedule
Currently, W-5600 is scheduled to let September 17, 2019; it will be available for
construction shortly thereafter.
6.0 NEPA Document Status
The FHWA and NCDOT completed the CE for this proposed project in July 2016 in
compliance with the NEPA guidelines. The CE explains the purpose and need for the
project, provides a description of the alternatives considered, and characterizes the social,
economic, and environmental effects. The CE was approved and circulated to federal,
state, and local agencies. Copies of the project documents have been provided to
regulatory review agencies involved in the approval process. Additional copies will be
provided upon request.
7.0 Resource Status
The project is located in the Neuse River Basin and lies within USGS Hydrologic Unit
03020201. A wetland identification and preliminary assessment analysis for the study
area was performed and summarized in the 2016 CE document. The wetlands within the
study area were delineated based on the 1987 U.S. Army Corps of Engineers (USACE)
Wetland Delineation Manual.
The wetlands located in the study area are part of the rolling coastal plain bottomland
hardwoods / headwater forest community. Impacts to jurisdictional wetlands are
Mailing Address.• Telephone.• (252) 640-6427 Location:
NC DEPARTMENT OF TRANSPORTATION Fax: (252) 234-6174 509 WARD BLVD
DIVISION FOUR Customer Service: 1-877-368-4968 WILSON, NC 27895
POST OFFICE BOX 3165
WILSON, NC 27895
Website: www.ncdot.gov
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STATE OF NORTH CAROLINA
DEPARTIV�NT OF TRANSPORTATION
ROY COOPER
GOVERNOR
JAMES H. TROGDON, III
SECRETARY
unavoidable because of the proximity of the wetlands to existing roadways. The project
will impact Reedy Branch, Poplar Creek, UT of Neuse River, and the riparian buffers and
wetlands associated with these features.
Data collected for streams and Neuse River Basin riparian buffers were derived from
USGS topographic maps, the Johnston County Soil Survey (USDA, 1987), and site
reconnaissance. The data included stream classification, which was presented in the CE
document section 5.1.4.1 / Table 14.
7.1 W-5600: Characterization of Jurisdictional Sites
7.1.1 Wetlands
Thirty-nine jurisdictional wetlands were identified within the study area (CE document
section 5.1.4.2 / Table 16). The wetlands in the study area are within the Neuse River
basin. Wetland classification and quality rating data are presented in Table 16 of the CE
document.
7.1.2 Streams and riparian buffers
Nineteen jurisdictional and one ephemeral stream were identified in the study area (Table
14 CE) and eleven are subject to Neuse River Basin Riparian Buffer Rules. The locations
of these streams are shown on Figure 10 A-B in the CE document. All jurisdictional
streams in the study area have been designated as warm water streams for the purposes of
stream mitigation.
Neither Water Supplies (WS-I: undeveloped watersheds or WS-II: predominately
undeveloped watersheds), nor Outstanding Resource Waters (ORW) occur within 1.0
mile of the project study area. Reedy Branch and Poplar Creek 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 Final 2012 303(d) list of impaired waters
due to sedimentation or turbidity for the Neuse River Basin.
7.2 Impacts to Jurisdictional Resources
The proposed impacts to jurisdictional wetlands, stream channels and buffers are
unavoidable due to the proximity of these jurisdictional features to existing roadways.
Mailing Address.• Telephone.• (252) 640-6427 Location:
NC DEPARTMENT OF TRANSPORTATION Fax: (252) 234-6174 509 WARD BLVD
DIVISION FOUR Customer Service: 1-877-368-4968 WILSON, NC 27895
POST OFFICE BOX 3165
WILSON, NC 27895
Website: www.ncdot.gov
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STATE OF NORTH CAROLINA
DEPARTIV�NT OF TRANSPORTATION
ROY COOPER
GOVERNOR
JAMES H. TROGDON, III
SECRETARY
Based on construction limits, the proposed project would result in 4.48 acres of
permanent wetland impacts (project includes an additional 1.44 acre of inechanized
clearing impacts and 0.5 acre of hand clearing impacts), 1640 linear feet of permanent
stream impacts (project includes 523 linear feet of bank stabilization impacts), 395 linear
feet of temporary stream impacts associated with construction dewatering, 0.22 acre of
open water impacts associated with two ponds drain/fill, and 121, 823 square feet zone 1
and 78,393 square feet zone 2 buffer impacts subject to Neuse River Basin riparian buffer
rules.
Impacts to jurisdictional wetlands, stream channels, and buffers for this proposed project
are summarized in the ePCN form impact tables included with this permit request.
8.0 Protected Species
The United States Fish and Wildlife Service (USFWS) IPaC TE list dated January 30,
2019, listed 5 federally protected species for this proposed proj ect area. Table 1 list the
five species and includes the Northern Long Eared Bat which is included by Section 7
PBO for NCDOT Divisions 1-8.
Table 1. Federallv Protected Suecies in Johnston C
Common Name
Red-cockaded woodpeckE
Dwarf wedge mussel
Yellow Lance
Atlantic Pigtoe
Northern Long Eared Bat
Micha�'s sumac
Key: E= Endangered T=Threaten
Scientific Name
Picoides borealis
Alasmidonta heterodon
Elliptio lanceolata
Fusconaia masoni
Myotis septentrionalis
Rhus michauxii
Federal
Status
E
E
T
Proposed T
T
E
Habitat
Present
No
Yes PBO
Yes(PBO)
Yes(PBO)
Yes(PBO)
No
Biological
Conclusion
No Effect
MA-NLAA
MA-NLAA
MA-NLAA
MALAA
No Effect
Red-cockaded woodpecker foraging or nesting habitat is not found adjacent to the project
area. NCNHP database records no element occurrence within a mile of the project area.
(No Affect)
Dwarf Wedgemussel and Yellow Lance are listed as TE species that may occur in the
proposed project area. NCNHP database records no element occurrence of these two
mussels within a mile of the project area. Also, surveys conducted for the 2016 CE
Mailing Address.• Telephone.• (252) 640-6427 Location:
NC DEPARTMENT OF TRANSPORTATION Fax: (252) 234-6174 509 WARD BLVD
DIVISION FOUR Customer Service: 1-877-368-4968 WILSON, NC 27895
POST OFFICE BOX 3165
WILSON, NC 27895
Website: www.ncdot.gov
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STATE OF NORTH CAROLINA
DEPARTIV�NT OF TRANSPORTATION
ROY COOPER
GOVERNOR
document found no occurrence of the Dwarf Wedgemussel in the project area.
Therefore, this project meets the Section 7 Mussel Programmatic protocols of a
Programmatic BO of MA-NLAA for these two listed TE species. Atlantic Pigtoe was
proposed "Threaten" on October, 2018, with anticipated listing on October, 2019.
Consultation with Gary Jordan, FWS Raleigh, confirmed the FWS is processing the
Atlantic Pigtoe listing to coincide with being included in the protocols of the existing
Section 7 Mussel Programmatic Process Programmatic BO for North Carolina. NCNHP
database records no element occurrence of Atlantic Pigtoe within a mile of the project
area. Therefore based on this consultation with FWS, it is anticipated that Atlantic Pigtoe
would comply with PBO protocols of MA-NLAA for this project.
Programmatic BO of MALTAA for NLEB.
Michaux's sumac is listed as Historic for Johnston Co. NCNHP database records no
element occurrence within a mile of the project area. (No Affect)
8.1 Bald and Golden Eagle Protection Act (BGPA)
The bald eagle was declared recovered and removed (de-listed) from the USFWS Federal
List of Threatened and Endangered Species effective August 8, 2007. The bald eagle
remains federally protected under the Bald and Golden Eagle Protection Act and the
Migratory Bird Species Act.
Habitat for the bald eagle primarily consists of mature forest in proximity to large bodies
of open water for foraging. Large dominant trees are utilized for nesting sites, typically
within one mile of open water. Mature forests and large dominant trees do not occur
within the study area or within a 1.13-mile radius (one mile plus 660 feet). A review of
the NCNHP database in March 2016 showed no occurrences of bald eagle within two
miles of the study area.
8.2 Moratoria
JAMES H. TROGDON, III
SECRETARY
No moratoria have been recommended for W-5600.
Mailing Address.•
NC DEPARTMENT OF TRANSPORTATION
DIVISION FOUR
POST OFFICE BOX 3165
WILSON, NC 27895
Telephone.•(252)640-6427
Fax: (252) 234-6174
Customer Service: 1-877-368-4968
Location:
509 WARD BLVD
WILSON, NC 27895
Website: www.ncdot.gov
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER JAMES H. TROGDON, III
GOVERNOR SECRETARY
9.0 Cultural Resources
NCDOT coordinated with the NC Department of Cultural Resources and it was
determined that no historic resources would be affected by this proposed project.
The SHPO concurrence letter can be found in Appendix A of the attached CE.
10.0 FEMA Compliance
The project has been coordinated with appropriate state and local officials and the
Federal Emergency Management Agency (FEMA) to assure compliance with FEMA,
state, and local floodway regulations.
11.0 Avoidance and Minimization
This project was reviewed through the full NEPA/Section 404 process. On June 15, 2016,
the NEPAA/Section 404 Merger Team concurred that Alternative 2A (the alternative
included in this ePCN application) was the least environmentally damaging practicable
alternative (LEDPA).
In order to reduce stream and wetland impacts along the western end of the project,
Service Roads lA and 2 were realigned closer to US 70, utilizing a concrete barrier to
provide the separation. These minimization efforts reduced the stream and wetland
impacts of the project by 230 feet and 1.0 acres, respectively. Where practical and safe,
steeper slopes (no greater than 3:1) will be utilized along the project. During project
design, special consideration was given to slopes in wetland areas and near streams.
All jurisdictional features were delineated and surveyed within the corridor for W-5600.
Using these surveyed 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.
Mailing Address.• Telephone.• (252) 640-6427 Location:
NC DEPARTMENT OF TRANSPORTATION Fax: (252) 234-6174 509 WARD BLVD
DIVISION FOUR Customer Service: 1-877-368-4968 WILSON, NC 27895
POST OFFICE BOX 3165
WILSON, NC 27895
Website: www.ncdot.gov
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER JAMES H. TROGDON, III
GOVERNOR SECRETARY
• 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.
• Storm water will be treated using grass swales
• Sediment and erosion control measures shall adhere to the Design Standards in
Sensitive Watersheds during construction of the project.
• The use of hand clearing rather than mechanized clearing where possible.
12.0 Indirect and Cumulative Effects
The project is a safety and mobility project. It is expected to improve safety concerns
based on detailed crash data for the project area and improve mobility through the area,
and cumulatively with other US 70 corridor projects, would contribute to improved
mobility for the 134-mile US 70 corridor between I-40 and the Port of Morehead City,
which is designated as the future Interstate 42.
The project has the potential to influence the speci�c location of development along the
US 70 corridor, as the proposed interchange locations would be more conducive to non-
residential, highway oriented commercial development. However, the project is not
likely to attract development to the area.
When considered in combination with the US 70 Clayton Bypass, the project could play a
role in influencing development in the area and into eastern Johnston County. However,
the Johnston County 2030 Comprehensive Plan acknowledges development at the
terminus of the Clayton Bypass, a freeway facility, will likely extend east of I-95, with or
without the project. The contribution of the project to cumulative impacts resulting from
future development is expected to be negligible.
Mailing Address.•
NC DEPARTMENT OF TRANSPORTATION
DIVISION FOUR
POST OFFICE BOX 3165
WILSON, NC 27895
Telephone.• (252) 640-6427
Fax: (252) 234-6174
Customer Service: 1-877-368-4968
Location:
509 WARD BLVD
WILSON, NC 27895
Website: www.ncdot.gov
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STATE OF NORTH CAROLINA
DEPARTIV�NT OF TRANSPORTATION
ROY COOPER JAMES H. TROGDON, III
GOVERNOR SECRETARY
13.0 Regulatory Approvals
Section 404: Application is hereby made for a USACE RGP 1982000031 Section 404
Permit as required for the above-described activities.
Section 401: We are also requesting a Section 401 Water Quality Certification from the
NCDWQ.
If there are any additional comments or concerns about this project that need to be
addressed, please contact Chad Coggins @(252) 717-8699. Thank you for your time and
attention to this matter.
Than ,
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Chad Coggins
Div. 4 Environmen fficer
Mailing Address.•
NC DEPARTMENT OF TRANSPORTATION
DIVISION FOUR
POST OFFICE BOX 3165
WILSON, NC 27895
Telephone.•(252)640-6427
Fax: (252) 234-6174
Customer Service: 1-877-368-4968
Location:
509 WARD BLVD
WILSON, NC 27895
Website: www.ncdot.gov