HomeMy WebLinkAbout20190230 Ver 1_SAW-2019-00428-PN_20190508I 1
US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: April 01, 2019
Comment Deadline: May 01, 2019
Corps Action ID Number: SAW-2019-00428
The Wilmington District, Corps of Engineers (Corps) received an application from the
North Carolina Department of Transportation (NCDOT), seeking Department of the
Army (DA) authorization to permanently impact 12.66 acres of jurisdictional wetlands,
2426 linear feet of stream, 0.43 acres of surface waters and temporarily impact 0.03 acres
of surface waters associated with construction of TIP Project R-2582A the widening
of US 158 for 8.2 miles east of 1-95 near the town of Garysburg, in Northampton
County, North Carolina. (NCDOT TIP No. R-2582A)
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 Wilmington
District Web Site at:
http://www.saw.usace.arm_y.mil/Missions/Re ug latoo PermitProgram.aspx
Applicant: North Carolina Department of Transportation
Attn: Philip S. Harris III, P.E., C.P.M.
Natural Environment Section Head
NCDOT — Project Development and Environmental Analysis
1598 Mail Service Center
Raleigh, North Carolina
27699-1548
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 of the 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 project area is a 8.2 mile long corridor from I-95/NC 46 in
Roanoke Rapids to SR 1312 (St. John Church Road) on NC 158 near the town of
Garysburg in Northampton County.
Project Area (miles): 8.2 Nearest Town: Garysburg
Nearest Waterway: Roanoke River River Basin: Roanoke River (03010107)
Latitude and Longitude: Approximate center at 36.468618 N,-77.611234 W
Figure 1
Existing Site Conditions
The R-2582A project is located entirely in the Roanoke River Basin (Hydrologic Unit
03010107). The project crosses numerous streams, unnamed tributaries, surface waters,
and wetlands. Drainages within the R-2582A section are part of the Arthurs Creek and
Trouble Field Creek watersheds, which drain southwards to their confluence with the
Roanoke River. There are no Outstanding Resource Waters (ORW), High Quality Waters
(HQW), WS-I waters, or WS-II waters within 3 miles upstream or downstream of the
project study corridors or within the project study area. No stream that flows through the
project study corridors is designated as National Wild and Scenic River or a State Natural
and Scenic River.
Wetland and stream delineations were primarily performed from September 2005 through
May 2006 to prepare the Natural Resources Technical Report (NRTR) finalized in
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December 2006. The Corps and the North Carolina Division of Water Resources
(NCDWR) field verified wetlands and streams in May, 2006.
An Addendum was prepared to the NRTR in 2011 to cover two additional areas where
alignments were shifted. These areas are east of the limits of R-2582A; the impacts for
the current project are described in the 2006 NRTR.
Field work was conducted in September 2018 to document any changes needed in the
wetland and stream limits along R-2582A. Streams and wetlands were assessed by
comparing aerial imagery from 2013 to the most recent aerial imagery. Following the
desktop aerial evaluation, a field assessment of streams and wetlands occurred by spot-
checking features to determine feature changes (if needed).
Applicant's Stated Purpose
The purpose of the project as stated in the State Record of Decision (ROD) is to improve
the traffic flow and Level of Service (LOS) on this section of US 158; thereby improving
safety; and to improve access to existing and future industry in this region.
Project Description
The overall US 158 improvement project (TIP's R-2582 & R-2584) is proposed to be a
four -lane median -divided freeway, along with associated bridges, interchange ramps, and
service roads, designed using NCDOT design standards and design guidelines developed
by the American Association of State Highway and Transportation Officials (AASHTO)
for freeway facilities. The widening will convert the highway from its current
configuration as a two-lane facility to a four -lane, median -divided facility. The proposed
facility will have 12-foot lanes, paved shoulders, and a 46-foot grass median. Widened
portions, on existing alignment, will have partial control of access, while new location
segments will have full control of access. The design speed for the road is 70 mph, which
will accommodate posted speed limits of 65 mph.
The location of the R-2582A segment is depicted in Figure 1. The improvement occurs
primarily along the existing alignment of US 158 and includes a bypass south of
Garysburg, which is partly on new location. Section R-2582A has independent utility,
achieving the overall purpose and need by improving conditions along US 158 east of I-
95 through Garysburg.
Summary of Impacts
Proposed permanent impacts to jurisdictional areas total 12.66 acres of permanent
wetland impacts, 2,426 linear feet of permanent stream impacts, and 0.43 acres of
permanent surface water impacts.
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Utility impacts
There will be <0.01 acre of permanent fill and <0.01 acre of temporary fill in wetlands as
a result of utility relocations. There will also be 0.22 acre of hand clearing in wetlands
due to utilities. Please see the attached utility drawings for more detailed information.
Table 1. R-2582A Wetland Impacts
Permit
Drawing
Site
Number
2006 NRTR
Label
Type
Permanent
Impacts
(ac.)
Temporary
Impacts (ac.)
Compensatory
Mitigation
Required*
1
WA01
Riparian
0.38
0
Yes
2
WA03
Non-
riparian
0.004
0
Yes
2
WA04 & WA06
Riparian
0.07
0
Yes
3
WA08 & WA09
Non-
riparian
0.21
0
No'
4
WA07
Riparian
2.38
0
Yes
5
WBO1, WB02
& W1103
Non-
riparian
3.58
0
Yes
6
WB04
Riparian
3.572
0
Yes
7
WB06
Riparian
1 1.35
0
Yes
8
WB08 & WB09
Riparian
0.28
0
Yes
9
WBII
Non-
riparian
0.83
0
Yes
10
WB12
Non-
riparian
0.0005
0
Yes
11
WB13
Non-
riparian
0.01
0
Yes
Total:
1 12.663
10
Note: ' WA08 and WA 09 are isolated wetlands, old gravel pits (2006 NRTR p.45)
2 Site 6 includes 0.465 acre of impact inside the interchange loop.
3 Riparian 8.03 ac., Non -riparian 4.63
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Table 2. R-2582A Surface Water Impacts
Permit
2006
Stream
Type
Perm
Temp
Perm
Temp
Mitigation
Drawing
NRTR
Name
Intermittent
(if)
(if)
(ac.)
(ac.)
Required
Site
Label
vs. Perennial
Number
1
SA01
UT to
I
101
10
0.01
0.002
No
Arthurs
Creek
2
SA02
Arthurs
P
226
35
0.14
0.01
Yes
Creek
4
SA04
UT to
P
252
21
0.01
0.001
Yes
Arthurs
Creek
6
SBO1
UT to
I
826
9
0.09
0.001
No
Trouble
Field
Creek
7
SB03
UT to
I
480
63
0.04
0.007
No
Trouble
Field
332Cre
ek
8
S1305
Trouble
P
332
29
0.11
0.005
Yes
Field
Creek
12
SB02
UT to
1
209
20
0.02
0.002
No
Arthurs
Creek
Total:
2,426
187
0.43
0.03
Avoidance, Minimization and Mitigation
The NCDOT is committed to incorporating all reasonable and practicable design features
to avoid and minimize jurisdictional impacts, and to provide full compensatory mitigation
of all remaining, unavoidable jurisdictional impacts. Avoidance measures were taken
during planning and National Environmental Policy Act (NEPA) compliance stages;
minimization measures were incorporated as part of the project design. These measures
are discussed in Chapter 4 and Appendix F of the State FEIS, and p. 8 of the ROD.
The proposed construction of R-2582A will result in unavoidable impacts to 12.66 acres
of permanent wetland impacts, 2,426 linear feet of permanent stream impacts, and 0.43
acres of permanent surface water impacts. The wetland impacts include 4.63 acres of
non -riparian wetlands and 7.56 acres of riparian wetlands that will require mitigation.
The stream impacts include 810 feet of perennial stream that will require mitigation.
NCDOT has proposed that wetland and stream compensatory mitigation will be provided
by the North Carolina Department of Environmental Quality Division of Mitigation
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Services (DMS). The wetland and stream impacts are in the 8-digit hydrologic unit
03010107 of the Roanoke River Basin.
Cultural Resources
In the R-2582/R-2584 project area, 520 historic architectural resources have been
recorded and evaluated, of which 36 proved to be listed on or eligible for the National
Register of Historic Places. Subsequent development of the project design has avoided or
minimized its impact on most of the resources of concern. Three of the 36 resources are
located in the R-2582A project area. The Oak Grove Baptist Church (NP0431) is located
just west of Permit Site 1, the Henry Stephenson House (NP0230) is not within or
proximate to any permit site (but within the permit area), and part of Longview (NP0233)
is located at Permit Site 11.
Findings of "no adverse effect" established for the Oak Grove Baptist Church and for
Longview are contingent upon the use of temporary barrier and erosion control fencing
during construction and the eventual installation of post -and -board, control -of -access
fencing on both properties, as well as the development and implementation of landscape
plans for those parts of the properties directly impacted by the project. A Memorandum
of Agreement details the mitigation plan crafted to resolve the "adverse effect" finding
established for the Henry Stephenson House. The plan includes the same fencing and
landscaping provisions stipulated for the church and Longview properties, and
additionally requires full photo -documentation prior to construction. The commitments
for historic architectural resources are stated in the 2013 State Record of Decision and
2014 Right of Way Consultation for the R-2582A project.
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 (NCNHP). 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 for
the following species in Northampton County: Bald eagle, Red -cockaded
woodpecker and Atlantic sturgeon.
❑ The Corps determines that the proposed project may affect federally listed
endangered or threatened species or their formally designated critical habitat for:
the Northern long-eared bat.
❑ 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
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and/or consultation with the U.S. Fish and Wildlife Service and/or National
Marine Fisheries Service.
Table 5 lists the three federally protected species for Northampton County as of June 17,
2018. The redcockaded woodpecker and bald eagle were discussed in the 2006
NRTR, although the bald eagle is currently delisted from the Endangered Species Act.
The bald eagle is protected by the Bald and Golden Eagle Protection Act, and is not
subject to Section 7 consultation. The Atlantic sturgeon was listed as an Endangered
Species effective July, 2014.
Table 5. Federally Protected Species in Dare County
USFWS
Scientific Name
Common Name
Federal
Status
Habit
at
Biological
Conclusion
Picoides borealis
Red -cockaded
E
Yes
No Effect
woodpecker
Acipenser
Atlantic sturgeon
E
No
No Effect
oxyrinchus
(Carolina distinct
Haliaeetus
Bald eagle
n/a
Yes
n/a
E= Endangered; T = Threatened; T(S/A) = Threatened (Similarity of Appearance);
EXP = (Experimental Population); MANLAA= May Affect, Not Likely to
Adversely Affect; MALAA = May Affect, Likely to Adversely Affect; n/a = Not
Applicable.
Atlantic sturgeon
Suitable spawning habitat for the Atlantic sturgeon consisting of flowing water and hard
substrate does not exist in the study area. A review of NCNHP records updated January
2019, does not indicate a known Atlantic sturgeon occurrence within 1.0 mile of the
study area.
Red -cockaded woodpecker
The 2006 NRTR left the biological conclusion for the red cockaded woodpecker
unresolved, although it did identify areas of potential habitat. NCDOT surveyed the R-
2582 and R-2584 projects for the red -cockaded woodpecker, and the results of that
survey are detailed in an October 2007 report. This effort reached the conclusion of `No
Effect' due to the lack of suitable habitat and no evidence of current RCW activity at any
of the potentially suitable locations. In September 2018, a consultant reevaluated the
potential impacts of R-2582A for potential effects on the red -cockaded woodpecker,
including a survey for cavity trees in areas of suitable nesting habitat. The surveys
reached the conclusion of No Effect.
Northern long-eared bat
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The United States Fish and Wildlife Service (USFWS) has developed a programmatic
biological opinion (PBO) in conjunction with the Federal Highway Administration
(FHWA), the Corps, and NCDOT for the northern long-eared bat (NLEB) in eastern
North Carolina. The PBO covers the entire NCDOT program in Divisions 1-8, including
all NCDOT projects and activities. The programmatic determination for NLEB for the
NCDOT program is "May Affect, Likely to Adversely Affect." The PBO provides
incidental take coverage for NLEB and will ensure compliance with Section 7 of the
Endangered Species Act for five years for all NCDOT projects with a federal nexus in
Divisions 1-8, which includes Northampton County where R-2582A is located.
Bald and Golden Eagle Protection Act (BGPA)
In the July 9, 2007 Federal Register (72:37346-37372), the bald eagle was declared
recovered, and removed (de -listed) from the Federal List of Threatened and Endangered
wildlife. This delisting took effect August 8, 2007. After delisting, the Bald and Golden
Eagle Protection Act (Eagle Act) (16 U.S.C. 668-668d) became the primary law
protecting bald eagles. Suitable habitat does exist in the project area. Surveys conducted
during preparation of the 2006 NRTR concluded that the proposed project will have no
impact on the bald eagle due to the absence of nest sites, communal roost sites, or
foraging areas for this species. This conclusion was reevaluated in 2018 for R-2582A and
remains No Effect.
An August 2018 review of the NCNHP revealed that an eagle was observed April 27,
2014 near the Roanoke River, just over a mile southwest of the beginning of the project
at the interchange between US 158 and I-95. Additional sightings of eagles have been
made along the river at a greater distance from the project alignment in 2014 and 2016.
Moratoria
An in -stream construction moratorium, to limit the effects on fishery resources, such as
the striped bass, has been requested from February 15 through June 30 (as per National
Marine Fisheries Service, USFWS, and North Carolina Wildlife Resources Commission)
on the three perennial streams impacted by the project (Sites 2, 4 and 8). Theses streams
are perennial tributaries of the Roanoke River, which is listed as a primary nursery area
by the NMFS. This commitment is specified on p. 95 of the FEIS.
Essential Fish Habitat
The project will not impact Essential Fish Habitat afforded protection under the
Magnuson- Stevens Act of 1996 (16 U.S.0 1801 et seq.).
Other Required Authorizations
The Corps forwards this notice and all applicable application materials to the appropriate
State agencies for review.
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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 May 01, 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, 12th Floor, 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 Corps will 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).
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
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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, until 5pm, May 01, 2019. Comments should be
submitted to Mr. Kyle Barnes, U.S. Army Corps of Engineers, Washington Regulatory
Field Office, 2407 West Fifth Street, Washington, North Carolina 27889, or by phone at
(910) 251-45 84.
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