I-5768_draft_USACE_Public Notice.doc

Roy COOPER
GOVERNOR
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
PUBLIC NOTICE
JAMEs H. TRomm, III
SECRETARY
The Wilmington District, US Army Corps of Engineers (Corps) received information
from the North Carolina Department of Transportation (NCDOT) regarding a potential
future requirement for Department of the Army (DA) authorization to discharge dredged
or fill material into waters of the United States, associated with widening NC 49
(University City Boulevard) for 1.2 miles from John Kirk Drive to I-485. The project will
also realign SR 2827 (Back Creek Church Road (BCCR)) to intersect with NC 49 at SR
2833 (Mallard Creek Church Road). The current at -grade intersection of BCCR and
North Carolina Railroad (NCRR)/Norfolk Southern Railroad (NS) just south of NC 49
will be closed in conjunction with these improvements. The project is included in the
draft 2020-2029 NCDOT State Transportation Improvement Program (STIP) as project
number U-5768.
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
htip://www.saw.usace.army.mil/Missions/Re alatorypermitPro ram.aspx
Applicant: North Carolina Department of Transportation (NCDOT)
Project Management Unit
Attn: Wilson Stroud, Project Manager
1582 Mail Service Center
Raleigh, North Carolina 27699-1582
Agent: Ken Gilland, HNTB Corporation
343 E. Six Forks Road, Suite 200
Raleigh, NC 27609
Authority
Mailing Address:
NC DEPARTMENT OF TRANSPORTATION
PROJECT DEVELOPMENT AND
ENVIRONMENTAL ANALYSIS
1548 MAIL SERVICE CENTER
RALEIGH, NC 27699-1548
Telephone: [phone]
Fax: [phone]
Customer Service: 1-877-368-4968
Website: www.ncdot.gov
Location:
1000 BIRCH RIDGE DRIVE
RALEIGH, NC 27610

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:
N Section 404 of the Clean Water Act (33 U.S.C. 1344)
EI 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)
To more fully integrate Section 404 permit requirements with the National
Environmental Policy Act of 1969, and to give careful consideration to our required
public interest review and 404(b)(1) compliance determination, the Corps is soliciting
public comment on the merits of this proposal and on the alternatives considered. At the
close of this comment period, the District Commander will evaluate and consider the
comments received, as well as the expected adverse and beneficial effects of the proposed
road construction, to select the least environmentally damaging practicable alternative
(LEDPA). The District Commander is not authorizing construction of the proposed
project at this time. A final DA permit may be issued only after our review process is
complete, impacts to the aquatic environment have been minimized to the maximum
extent practicable, and a compensatory mitigation plan for unavoidable impacts has been
approved.
Location
Location Description: The proposed project is located in northeastern Mecklenburg
County, within the city limits of Charlotte. The study area boundary for this project
encompasses the proposed transportation improvements (Figure 1).
City: Charlotte
Nearest Waterway: Back Creek
River Basin: Yadkin -Pee Dee
Latitude: 35.3089
Longitude:-80.7187
Existing Site Conditions
Mecklenburg County is located within the Piedmont region of central North Carolina in
the Southern Outer Piedmont ecoregion. Topography in the project vicinity is generally
characterized as gently rolling, well rounded hills and long low ridges with a few feet of
elevation difference between the hills and valleys. Elevations within the study area range
from approximately 650 ft to 750 ft above mean sea level (MSL).
NC 49 in this area is characterized by educational (University of North Carolina
Charlotte (UNCC)), commercial, and high -density residential land uses. Along BCCR,
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there are high density development, some forested areas, and low -density residential uses
throughout the corridor. Development is increasing throughout the BCCR corridor.
The roadways to be improved as part of the proposed project include: NC 49, BCCR, Old
Concord Road, Thomas Combs Drive, and Mallard Creek Church Road. NC 49 has been
a notable NC highway corridor for many years.
Existing NC 49 varies from two to four lanes with a raised median along some portions
of the project corridor. The existing typical sections along the project corridor are defined
as follows:
• NC 49 — four lanes with outside turn lanes with a raised median.
• BCCR — two lanes with outside turn lanes.
• Old Concord Road (SR 2939) — two lanes.
• Mallard Creek Church Road — four lanes with turn lanes with a raised median.
• Thomas Combs Drive — two lanes
• John Kirk Drive — two lanes with outside turn lanes
There is currently no control -of -access along the facilities in the study area, which limits
the level of mobility and travel speeds through the corridor due to numerous driveways
for residences and businesses on both sides of the road. The existing right-of-way of NC
49, within the project study area, varies between 180 and 200 feet, and the existing speed
limit is 45 miles per hour (mph). Speed limits on Old Concord Road, John Kirk Drive,
Mallard Creek Church Road, and BCCR are 35 mph.
The western end of the project is located just west of the current High -Intensity Activated
Crosswalk beacon (HAWK) pedestrian crossing of NC 49, west of John Kirk Drive and
extends to the NC 49/I-485 intersection. NC 49 is predominantly an east/west route in
this location and exists as a four -lane, median divided facility with turn lanes. Along the
NC 49 corridor there are five signalized intersections. BCCR exists as a two-lane facility
with turn lanes. There is one railroad crossing on BCCR near the intersection with NC
49. The eastern terminus of the project is I-485. It is not anticipated that this project will
require changes to any of the ramps from NC 49 to I-485.
Water resources in the study area are part of the Yadkin Pee Dee River basin [U.S.
Geological Survey (USGS) Hydrologic Unit 03040105]. Fourteen streams were identified
in the study area; jurisdictional determinations of streams in the project area are
preliminary. All streams in the study area have been designated as warm water streams
for the purposes of stream mitigation. Sixteen wetlands were identified within the study
area.
There are no designated anadromous fish waters or Primary Nursery Areas (PNA) present
in the study area. There are no designated High Quality Waters (HQW), Outstanding
Resource Waters (ORW), or water supply watersheds (WS-I or WS-II) within 1.0 mile
downstream of the study area. The North Carolina 2016 303(d) list of impaired waters
includes Mallard Creek, from 0.2 mile downstream of Stoney Creek to Rocky River, as
an impaired water due to copper levels and Back Creek, from its source to Rocky River,
as an impaired water due to a Fair benthos.
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The project is located within the Yadkin -Pee Dee River Basin. There are no buffer rules
for this river basin.
Applicant's Stated Purpose
The primary purposes of the proposed project are to reduce traffic congestion, improve
traffic flow, and enhance traffic operations on NC 49. Other purposes are to improve
safety and enhance train and vehicle operations. The screening criteria for this area:
• Achieve an overall Level of Service (LOS) D for intersections along the project
corridor in the design year (2040).
• Maintain network connectivity from within the existing road network.
• Safely accommodate multi -modal uses of the corridor.
Project Description
NCDOT, in coordination with the Charlotte Department of Transportation (CDOT),
proposes widening NC 49 (University City Boulevard) from John Kirk Drive to I-485.
The project will also realign BCCR to intersect with NC 49 at SR 2833 (Mallard Creek
Church Road). The current at -grade intersection of BCCR and NCRR/ NS just south of
NC 49 will be closed in conjunction with these improvements. These improvements are
included in the 2018-2027 North Carolina State Transportation Improvement Program as
Project No. U-5768.
Detailed Study Alternatives (DSA)
At the July 19, 2018 CP2 NEPA/404 Merger Team meeting, concurrence was reached to
carry the following alternatives forward for detailed study:
Alternative 1 (Yellow Alternative): Best -fit widening on NC 49 and relocation of
BCCR from south of Back Creek to the intersection of NC 49 and Mallard Creek
Church Road using the railroad bridge constructed as part of STIP Project P-5208.
The project also includes traffic flow and connectivity improvements to Old
Concord Road (SR 2939) and Thomas Combs Drive (two quadrant roadways are
proposed) and closure of the existing at -grade railroad crossing on existing
BCCR.
Alternative 2 (Purple Alternative): Best -fit widening on NC 49 and relocation of
BCCR from just north of Back Creek to the intersection of NC 49 and Mallard
Creek Church Road using the railroad bridge constructed as part of STIP Project
P-5208. The project also includes traffic flow and connectivity improvements to
Old Concord Road (SR 2939) and Thomas Combs Drive (two quadrant roadways
are proposed) and closure of the existing at -grade railroad crossing on existing
BCCR.
In addition to the Build Alternatives (i.e., Detailed Study Alternatives, or DSAs), a No -Build
Alternative is also being considered as a baseline against which the benefits, costs, and
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impacts of the Build Alternatives can be compared. NCDOT has preliminarily determined
that the No -Build Alternative would not meet the project's purpose and need. The
alternatives are compared in Table 1.
Impacts to waters of the United States for the DSA for each alternative are listed in Table 1.
These impact estimates were calculated based on functional roadway design slope stake
limits plus 40 feet. Figures 2 and 3 show anticipated impacts to streams and wetlands.
Water resources in the study area are part of the Yadkin -Pee Dee Basin. Based on a
preliminary hydraulic study, four crossings require structures that are 72 inches or greater in
diameter. All other crossings can be contained in smaller pipes. The major structure
locations and hydraulic sites are shown on Figures 2 and 3. Potential jurisdictional features
have been surveyed and mapped using GPS. The impact area for streams and wetlands is
defined as the slope stake limits plus a 40-foot buffer area.
Table 1. Detailed Studv Alternative Comparison
2 NC on -� Widening
Environment 4mr
General Project Information
Length of Project (miles)
1.2
1.4 1.2
Cultural Resources
Historic Properties
None
Archaeology
None
Human Environment
Churches/Cemetery (#)**
Back Creek ARP Church and
Back Creek ARP Church and
Cemetery
Cemetery
University Meadows
University Meadows
2 -UNCC, University
Schools* *
Elementary (just north of study
Elementary (just north of study
Meadows Elementary (just
north of study area on
area on Pavilion Boulevard)
area on Pavilion Boulevard)
Pavilion Boulevard
Back Creek Regional Park
Back Creek Regional Park
Public Parks
(Planned by Mecklenburg
(Planned by Mecklenburg
None
County)
Coup
Greenways, Game Lands,
Back Creek Greenway
Land and
Back Creek Greenway (Planned
(planned by Mecklenburg
None
Water Conservation Fund
by Mecklenburg County)
County)
Properties, etc. (#)
High % Special Populations
Potential Low Income and Minority Population Impacts
Estimated Relocations
1
0
2
Natural Environment
Threatened or Endangered
Species with a `No Effect'
5 Michaux's sumac Schweinitz's sunflower, Smooth coneflower, Rusty -patched bumble bee
Biological Conclusion
B
Carolina heelsplitter
Threatened or Endangered
Species with Programmatic
1 — Northern long-eared bat
Effects
G

Environment
' Alternative I BCCR Alternative 2
NC -9 Widening
Streams (linear feet)
2,699 2,387
40
Wetlands (acres)
0.6 1.7
0.16
Critical Water Supply
None
Watersheds
Riparian Buffer Rules
None
Identified Critical Habitat (#
None known
known)
Physical Environment
Haz Mat (# suspected/known
None
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sites
Utilities
Electric, water, sewer,
Electric, water, sewer,
Duke Energy transmission corridors and towers, phone
phone
Voluntary Agricultural
None
None
None
District
Noise
Impacts to be Determined
Avoidance, Minimization and Compensatory Mitigation
Through development of the functional designs of the DSAs, NCDOT has attempted to avoid
or minimize impacts to streams and wetlands to the greatest practicable extent. This included
developing alignments and intersection configurations for the DSAs that avoided these
resources as much as possible, while also minimizing impacts to other resources. NCDOT
will continue to seek ways to avoid and minimize impacts in further design efforts for the
selected alternative_ Jurisdictional determinations will be made once a LEDPA has been
agreed on.
The purpose of compensatory mitigation is to offset unavoidable functional losses to the
aquatic environment resulting from project impacts to waters of the United States. NCDOT
will investigate potential on -site compensatory mitigation opportunities for the selected
alternative. If on -site mitigation is not feasible, or a sufficient amount of mitigation is not
available on -site, mitigation will be provided by the NC Department of Environmental
Quality - Division of Mitigation Services (NCDEQ-DMS)_
Essential Fish Habitat
According to the October 20, 2016 Natural Resources Technical Report (NRTR) Update,
there is no Essential Fish Habitat within the study area.
Cultural Resources
The proposed project is subject to compliance with Section 106 of the National Historic
Preservation Act (NHPA) of 1966, as amended, and implemented by the Advisory Council
on Historic Preservations' Regulations for Compliance with Section 106, codified as 36 CFR
Part 800. The proposed project is subject to compliance with Section 106 of the National
Historic Preservation Act (NHPA) of1966, as amended, Appendix C of 33CFR Part 325, and
the Revised Interim Guidance for Implementing Appendix C Section 106 requires federal
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agencies to take into account of their undertaking (federally -funded, licenses, or permitted)
on properties included in or eligible for inclusion in the National Register of Historic Places
(NRHP) and to afford the Advisory Council a reasonable opportunity to comment on such
undertakings.
Architectural Resources
Review of HPO quad maps, HPO GIS information, historic designations roster, and indexes
was undertaken by NCDOT on April 2016. A survey was performed in April 2016, followed
by a Historic Structures Report on May 20, 2016. The report determined that there are no
sites eligible for or listed on the National Register.
Archaeological Resources
Section 106 of the National Historic Preservation Act will apply because the project requires
a USACE permit. USACE serves as the lead federal agency.
The defined Area of Potential Effects (APE) corridor is absent of previously recorded sites,
NRHP listed structures, and cemeteries. Based on the components of the proposed project,
activities will take place beyond the NCDOT's existing ROW, specifically on the new
location section of Back Creek Church Road. From an environmental perspective, the Study
Area falls within a highly urbanized and residential area and consists of the rolling terrain
typical of North Carolina's Southern Piedmont physiographic region. Numerous soil types
are present throughout the APE, with most soil conditions (urban/disturbed, eroded, sloped,
and somewhat poorly drained) not favorable for preserving intact archaeological
sites/resources. Preservation of archaeological materials within these soil type areas is likely
to be poor. Small sections of the APE that fall in areas of favorable conditions, however, have
either been subjected to modern development or previous archaeological investigations. On
December 15, 2015, NCDOT archaeologists determined that no archaeological survey was
required for this 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
Heritage Database. As of June 27, 2018, the U.S. Fish and Wildlife Service (USFWS)
lists six federally protected species for Mecklenburg County, including the Michaux's
sumac (Rhus michauxii), Northern long-eared bat (Myotis septentrionalis), Rusty -patched
bumble bee (Bombus affinis), Schweinitz's sunflower (Helianthus schweinitzii), Smooth
coneflower (Echinacea laevigata), and Carolina heelsplitter (Lasmigona decorata).
Based on available information:
N The Corps determines that the proposed project would not affect federally listed
endangered or threatened species or their formally designated critical habitat for
Michaux's sumac, Schweinitz's sunflower, Smooth coneflower, or Carolina
heelsplitter.
❑ The Corps determines that the proposed project may affect, but is not likely to
adversely affect, federally listed endangered or threatened species or their
formally designated critical habitat.
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❑ The Corps initiates consultation under Section 7 of the ESA and will not make
a permit decision until the consultation process is complete.
❑ The Corps will consult under Section 7 of the ESA and will not make a permit
decision until the consultation process is complete
❑ The Corps has initiated consultation under Section 7 of the ESA and will not
make a permit decision until the consultation process is complete.
❑ The Corps determines that the proposed project may affect federally listed
endangered or threatened species or their formally designated critical habitat.
Consultation has been completed for this type of activity and the effects of the
proposed activity have been evaluated and/or authorized by the National Marine
Fisheries Service (NMFS) in the South Atlantic Regional Biological Opinion or
its associated documents, including 7(a)(2) & 7(d) analyses and Critical Habitat
assessments. A copy of this public notice will be sent to the NMFS.
❑ 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
and/or consultation with the U.S. Fish and Wildlife Service and/or National
Marine Fisheries Service.
Northern Long-eared Bat (NLM
The Corps determines that the proposed project may affect federally listed
endangered or threatened species or their formally designated critical habitat. The
USACE has developed a Standard Local Operating Procedure for Endangered Species
(SLOPES) to address Northern Log -eared Bat (NLEB), Myotis septentrionalis, when they are
the lead agency, which NCDOT will follow for this project. This procedure applies to
projects in NCDOT Divisions 9-14. The requirements of the SLOPES for NLEB, in addition
to the already completed structure assessment, will be completed prior to Let and will be
submitted to USACE. The Biological Conclusion will remain as "Unresolved" until this
additional information is available.
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
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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 USACE 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 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 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.
Written comments pertinent to the proposed work, as outlined above, will be received by the
USACE, Wilmington District, until list date. Comments should be submitted to Nicholle
Braspennickx, 151 Patton Avenue, Room 208, Asheville, North Carolina 28801-5006, at
704.510.0162, or by email to [e-mail].
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