20190397 Ver 1_SAW-2010-00653-PN_20190619

10J
PUBLIC TT T T NOTICE
US Army Corps 1 pV OTIT
CE
Of Engineers
Wilmington District
Issue Date: May 30, 2019
Comment Deadline: June 13, 2019
Corps Action ID Number: SAW-2010-00653
STIP Project No. R-2566B and R-2566BA
The Wilmington District, Corps of Engineers (Corps) received an application from North
Carolina Department of Transportation (NCDOT) seeking Department of the Army authorization
to discharge dredged or fill material into waters of the United States, associated with proposed
improvements to 5.5 miles of NC 105 from SR 1136 (Clark's Creek Road) to SR 1107 (NC 105
Bypass) in Boone, Watauga County (R-2566B). Additionally, NCDOT proposes to replace
Bridge 5 over the Watauga River (R-2566BA) in Watauga County, North Carolina.
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 under this Corps Action ID#: http://www.saw.usace.army.mil/Missions/Regulatory-
Permit-Pro gram/Public-Notices/
Applicant: North Carolina Department 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
Raleigh, North 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
Clean Water Act (33 U.S.C. 1344).
Location
Location Description: The proposed project is located along NC 105 from Clark's Creek Road
(SR 1136) to NC 105 Bypass (SR 1107), near Boone, Watuaga County, North Carolina.
Project Area: 5.5 miles
Nearest Town: Foscoe and Boone
Nearest Waterway: Watuaga River, Laurel Creek
River Basin: Watauga Watershed; French Broad -Holston River Basin (HUC 06010103 )
Latitude and Longitude: 36.194317N, 81.745241W
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Existing Site Conditions
R-2566 was originally proposed as a 16.4-mile project from US 221 in Linville to SR 1107
(NC 105 Bypass) in Boone. The project was shortened removing Section A between Linville and
Foscoe leaving Section B, a 5.5-mile portion carried forward as the project. The study area lies in
the northern mountain physiographic region of North Carolina. Topography in the project
vicinity is comprised of mountain ranges, isolated peaks, large rolling valleys and stream
floodplains. Elevations in the study area range from 2,800 to 4,080 feet above sea level. Land use
in the project vicinity consists residential and commercial properties and large forested tracts.
Five terrestrial communities were identified in the study area: acid cove forest, montane alluvial
forest, rich cove forest, southern Appalachian bog and maintained/disturbed.
Water resources in the study area are a part of the Watauga River basin [U.S. Geological
Survey (USGS) Hydrologic Units 06010103]. Forty-seven streams and twenty-seven
jurisdictional wetlands were identified in the study area. The Watauga River is identified as High
Quality Waters (HQW) from its source throughout the study area. In addition, the North Carolina
Wildlife Resources Commission (NCWRC) has identified the Watauga River and Laurel Fork as
a trout waters. Boone Fork (Price Lake) is identified as an Outstanding Resource Water (ORW)
located within one mile of the study area and drains from the south toward the Watauga River.
There are no anadromous fish waters or Primary Nursery Areas (PNA). The Watauga River from
its source to Cove Creek is listed on the North Carolina 2014 Final 303(d) list of impaired waters
for turbidity. All jurisdictional streams in the study area have been designated as cold water
streams for the purposes of stream mitigation.
Wetland and stream determinations within R-2566B 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 April 19, 2016.
NC 105 has a Federal Functional Classification of Other Principal Arterial throughout the project
corridor. Currently, NC 105 is a 2-lane undivided facility from Clark's Creek Road for
approximately 1.4 miles. A 0.4-mile long southbound passing lane is located between the two
intersections of NC 105 with Old Shull's Mill Road. NC 105 then tapers back to 2 lanes
undivided for the next 2.2 miles to Flintlock Campground. A northbound passing lane extends
the final 1.5 miles from Flintlock Campground to NC 105 Bypass. Paved shoulders along the
corridor are narrow (typically 1 to 2 feet wide), and clear zones do not meet current design
standards in most areas. Existing right-of-way along NC 105 varies throughout the project
corridor. Currently, there is no access control on NC 105 or within the project limits. In addition
to intersecting roads and driveways, several businesses have pull -in parking areas directly on
NC 105. The posted speed limit along NC 105 varies from 35-55 mph along the project corridor.
No bicycle or pedestrian facilities are located within the project corridor. Aerial power lines are
located throughout the project corridor. A major line is on one side of NC 105, switching
between the north and south sides eight times. Smaller aerial power lines branch off to service
adjacent properties.
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Applicant's Stated Purpose
This project has two primary purposes and one secondary purpose. A primary purpose of the
project is to reduce congestion on NC 105 in order to achieve level of service (LOS) D or better
in the design year (2040) during the average highest week day, and to achieve LOS E or better in
the design year during the average highest weekend day. One segment on NC 105 between
Foscoe and Boone currently operates at LOS E, and several segments and intersections are
anticipated to operate at LOS E and F in the design year. Another primary purpose is to reduce
rear -end and run -off -road crashes on NC 105. Crash types and rates on NC 105 have indicated a
pattern of crashes related to terrain, geometry, congestion, and development. A secondary
purpose is to improve bicycle facilities on NC 105 in areas where capacity or safety
improvements are proposed.
Project Description
NCDOT proposes to improve NC 105 from Clark's Creek Road (SR 1136) to NC 105 Bypass
(SR 1107) in Boone, Watauga County. The project corridor is 5.5 miles long. No improvements
are recommended on the approximate 1-mile section between Clark's Creek Road and the
southern intersection of NC 105 and Old Shull's Mill Road. The merger team agreed not to make
improvements in the southernmost 1-mile section where no additional congestion or safety needs
were identified. This section was retained in the environmental documents because it was within
the agreed -upon logical termini. Although the project is being reviewed as one cumulative
project, it will be permitted in phases due to project size, funding and TIP schedule. Replacement
of the bridge that carries NC 105 over the Watauga River north of the Broadstone Road
intersection is funded separately in the STIP as R-256613A. The following improvements were
proposed:
Section BA
• Replacement of Bridge 5 over the Watauga River along with the realignment of SR1112
(Broadstone Road) and Old Tweetsie Road.
Section B
• The section between Old Shull's Mill Road and Broadstone Road will consist of two 12-
foot lanes (one in each direction) with 6-foot wide paved shoulders on both sides. The
current design proposes to extend the existing climbing lane (located near Old Shull's
Mill Road) to Broadstone Road.
• The section between Broadstone Road and NC 105 Bypass will consist of four 12-foot
lanes, a 23- foot wide raised median and 6-foot wide paved shoulders.
• The intersection of NC 105/Old Shull's Mill Road (south) will be realigned and the NC
105/Old Shull's Mill Road (north) will be closed.
The preliminary projected impacts for the overall project (R-2566B/BA) will be approximately
0.57 acre of permanent wetland impacts and 4,302 linear feet of permanent stream impacts.
Table's 1-3 contain a summary of the proposed jurisdictional wetland and stream impacts.
Impacts are based upon final design for R-2566BA and preliminary impacts for R-2566B. There
are no impacts to jurisdictional wetlands proposed with Section BA.
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Table 1. R-2566B Wetland Impacts (Preliminary)
Permit
Drawing Site
Number
JD Map
Label
Type
Permanent Impacts (ac.)
lA
WBW
Riparian
0.09
1 B
WBX
Riparian
0.01
BZ
Riparian
0.02
3
WBZ
Riparian
0.04
7
WCC
Riparian
0.02
10
WCD
Riparian
0.01
11
WCF
Riparian
0.02
13
WCG
Riparian
0.03
17
WO
Riparian
0.08
20
WCK
Riparian
0.06
27
WCQ
Riparian
0.03
32
WCU
Riparian
0.03
33
WCV
on -riparian
0.01
35
CX
Riparian
0.02
0
WDA
Riparian
0.01
Additional Impact*
0.10
Total:
0.57
*Preliminary impacts were calculated as the slope stake +25 feet. However, it has been determined that in
some areas of severe slopes, the true impact may exceed +25 feet.
Table 2. R-2566BA Stream Impacts (Final)
Permit
Drawing Site
Number
Impact Type
Permanent Stream
Impacts (ft)
Temporary Stream
Impacts (ft)
1
24" CSP/Fill
100
10
orkpad/Biofiltration conveyance
0
274
3
60" SSP/Dewatering
0
70
60" SSP/Fill
73
22
5
60" SSP/Fill
30
Ri
Total
203
097
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Table 3. R-2566B Streams Impacted and Description (Preliminary)
Permit
Drawing Site
Number
JD Map
Label
Stream Name
Perennial/Intermittent
Permanent
Impact
(Preliminary)
lA/lB
SFS
UT to Watauga River
Perennial
300
1
SFU
UT to Watauga River
Perennial
163
/6/8
SFV
UT to Watauga River
Perennial
479
5/7
SFW
UT to Watauga River
Perennial
169
9
Big Branch
Big Branch
Perennial
163
10
SGB
UT to Watauga River
Perennial
77
11
SGD
UT to Watauga River
Perennial
132
12
SGE
UT to Watauga River
Perennial
93
14/15
SGF
UT to Watauga River
Perennial
66
16
SGH
UT to Watauga River
Perennial
135
18
SGG
UT to Watauga River
Perennial
42
19
SGJ
UT to Watauga River
Perennial
90
20
SGO
UT to Watauga River
Perennial
42
21
SGO/SGP
UTs to Watauga River
Perennial
242
5
SGZ
UT to Laurel Fork
Perennial
217
6
SHB
UT to Laurel Fork
Perennial
152
28
SHD
UT to Laurel Fork
Perennial
50
9
SHE
UT to Laurel Fork
Perennial
54
30
SHF*
UT to Laurel Fork
Perennial
73
31
SHH
UT to Laurel Fork
Perennial
52
32
SHK
UT to Laurel Fork
Perennial
130
34
SHO
UT to Laurel Fork
Perennial
115
35
SHW
UT to Laurel Fork
Perennial
268
36/37
SHZ
UT to Laurel Fork
Perennial
150
38
SIC
UT to Laurel Fork
Perennial
59
39
SID
UT to Laurel Fork
Perennial
40
2
Laurel Fork
Laurel Fork
Perennial
98
Additional Impact"
2
Total
*Stream was not included in the JD package but was covered under the NRTR.
** Preliminary impacts were calculated as the slope stake +25 feet. However, it has been determined that in
some areas of severe slopes, the true impact may exceed +25 feet.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or minimize
impacts to the aquatic environment: All jurisdictional features were delineated, field verified and
surveyed within the corridor for R-2566B/BA. Using these 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
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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:
• The Best -Fit Alternative uses the fewest improvements that would result in
meeting the purpose of the project. This alternative also allows to avoid or
minimize impacts to the Watauga River and Laurel Fork.
• NCDOT Design Standards in Sensitive Watersheds will be employed throughout
the project.
• Minimizing roadway side slopes to the maximum extent possible, including the
use of retaining walls in the vicinity of the Watauga River.
• Roadway was shifted away from the Watauga River to minimize impacts.
• Roadway adjacent to the Watauga River will be a three -lane road, as opposed to a
4-lane divided to reduce impacts.
• Roadway and bridge runoff in the vicinity of the Watauga River will be routed to
a biofiltration conveyance.
• The Corps will authorize construction for each section only after the approval of
finalized plans.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment: The unavoidable permanent stream impacts of 307
linear feet and wetland impacts of 0.02 acre will be offset by compensatory mitigation provided
by the North Carolina Department of Environmental Quality (NCDEQ)-Division of Mitigation
Services (DMS). Compensatory mitigation for the preliminary impacts of 4,099 linear feet of
streams and 0.57 acre of wetland to the Section B segment of this project are also proposed to be
provided by DMS and acceptance letters from DMS were submitted with the permit application.
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 or associated fisheries managed
by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine
Fisheries Service.
Cultural Resources
The FHWA is the lead federal agency for this project and, in accordance with Section 106 of the
National Historic Preservation Act (NHPA), 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).
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The NCDOT and SHPO, working under the programmatic agreement, found two properties
recommended eligible for listing with the National Register of Historic Places (NRHP); the
Prout-Atkins House and Ed & Falah Hollars House. However, the Best -Fit Alternative will not
require any right-of-way from these properties or work within the property boundaries and
therefore a determination of No Effect was signed by the NCDOT, SHPO and FHWA in 2016.
An archaeological reconnaissance was conducted in 2012 describing the archaeological potential
of the entire Area of Potential Effects (APE). The archaeological survey within the APE was
conducted in April 2017. The survey identified two historic archaeological sites, 31 WT371 **
and 31WT396**. These sites are believed to be the former locations of the Robbins Hotel and an
unidentified business supporting the Boone Fork Lumber Company located a short distance to
the east. Both sites were recommended ineligible for the National Register of Historic Places,
(NRHP), and no further archaeological work was recommended for this project.
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
The FHWA is the lead federal agency for this project and is the federal agency responsible for
making determinations and requesting concurrence, when required, with these determinations
from the US Fish and Wildlife Service (USFWS), in accordance with Section 7(a)(2) of the
Endangered Species Act of 1973 (ESA). As of June 27, 2018, the USFWS lists eleven (11)
federally protected species for Watauga County. Table 4 contains the federally listed threatened
and endangered species listed for Watauga County and includes the FHWA's determinations of
effect to these species that would result from implementation of the project.
Table 4. Federally protected species listed for Watauga Countv
Common Name
Scientific Name
Status
Habitat
Biological
Presence
Conclusion
Bog turtle
Glyptemys muhlenbergii
T(S/A)
No
Not Required
Carolina northern
Glaucomys sabrinus
E
No
No Effect
flying squirrel
coloratus
Gray bat
Myotis grisescens
E
Yes
MANLAA
Northern long-eared
Myotis septentrionalis
T
Yes
at
Virginia big -eared bat
Corynorhinus townsendii
E
Yes
MANLAA
virginianus
Rusty -patched
Bombus affinis
E
NA
**
bumble bee
Spruce -fir moss
Microhexura montivaga
E
No
No Effect
spider
B1ueRidge goldenrod
Solidago spithamaea
T
No
No Effect
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Heller's blazing star
liatris helleri
T
No
No Effect
Roan mountain bluet
Hedyotis purpurea var.
montana
E
No
No Effect
Spreading avens
Geum radiatum
E
No
No Effect
MANLAA- May Affect, Not Likely to Adversely Affect
*May Affect — NLEB is compliant with the 4(d) rule.
**The Service does not require surveys for rusty -patched bumble bee in North Carolina because FWS assumes the
state is unoccupied by the species.
Informal concurrence for biological conclusions of May Affect, Not Likely to Adversely Affect
was requested by the NCDOT for gray bat and Virginia big -eared bat from the USFWS on
June 22, 2018. Concurrence was received on June 28, 2018 agreeing with NCDOT's biological
conclusion. The Northern long-eared bat is considered to be compliant with the 4(d) rule. All
other species listed for Watauga County received biological conclusions of No Effect and did not
require concurrence.
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 with the FHWA's
determinations of effect to these species that would result from implementation of the project.
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, 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 June 13, 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
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North Carolina Division of Coastal Management (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 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 will 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.
Written comments pertinent to the proposed work, as outlined above, will be received by the
Corps of Engineers, Wilmington District, until 5pm, June 13, 2019. Written comments should be
submitted to Mr. Steve Kichefski, US Army Corps of Engineers, Asheville Regulatory Field
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Office, 151 Patton Avenue, Room 208, Asheville, NC 28801-5006, telephone [phone],
ext. 4234. Written comments can also be submitted by email to:
steven.l.kichefski(a�usace. army.mil
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