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HomeMy WebLinkAbout20190188 Ver 1_W-5600 Cover Letter final_20190212. �;� sinrm� f' w*m h0 e ?�"., ; �`�y �+�' sn q i '^o� � � � C�� '��, •^���� a�r ``,��.,,°`:""��. 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 �„t STAT£o;ry ,o ; r-��' `� �m m o9�' : 'J�y " _ � � ��� ���� �,�,� , �•�a�,.,„�.�".r 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 . �;�sinr�"• f' w.xi�n,°"ti� y ; �,� ��. � 92n <J�y��,r��� � �. �,��,� ,� � ��. 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 . �;�sinr�� Fy' ,,,,.xi�„ h� i ; � -,� �� . - q2 n <J�y��,r��� � �. �, � � ,� � ��. 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 - �,�STAT£tto,' fy ,�,.xi��„ h� o ; � -,y,�y' �� . � q2 n <i�y ��ar��� � �. �, � � � � ��. 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 , �;�sinrF� F' ,�,,.xi��„ h� o 9�"•, ; �`� �+�.� �'s q i n, ?o �� 6� .,,�y' �y '� �t. +�,��� a2E `� � ��. 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 �,� STATp,�ry .o , ��� ��_� 092 �' 'J�y��,r�� ���� �,��� � •;� a���.�. 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 . �;�sinr�"•. f' w.xi�n,°"ti� y � 9� , 'jy..,� ��.� Zn <J�y����� '� � �,��� �E `� •;;�a����. 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 �� SimTftt ''d w� �m�h�q, ;� �= q�� : �, - .�y� � '�c� �� �, �„ � � ���• � 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 , � �'D � ��� 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