Public Notice

SAW-2016-00981

Published Oct. 10, 2017
Expiration date: 11/9/2017

PUBLIC NOTICE

Issue Date: October 10, 2017

Comment Deadline: November 09, 2017

Corps Action ID Number: SAW-2016-00981

The Wilmington District, Corps of Engineers (Corps) received information from the

North Carolina Department of Transportation (NCDOT) regarding a potential future

requirement for Department of the Army authorization to discharge dredged or fill

material into waters of the United States, associated with the replacement of Bridge No.

360 on US 29 and improvements to the existing interchange at SR 4771 (Reedy Fork

Parkway) (STIP Project Number R-4707) in Guilford County, North Carolina.

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.army.mil/Missions/RegulatoryPermitProgram.aspx

Applicant: North Carolina Department of Transportation (NCDOT)

Project Development Group

Attn: Derrick Weaver, P.E.

Senior Project Manager

1548 Mail Service Center

Raleigh, North Carolina 27699-1548

Authority

The Corps will evaluate this application to compare alternatives that have been carried

forward for detailed study pursuant to applicable procedures of the following Statutory

Authorities:

Section 404 of the Clean Water Act (33 U.S.C. 1344)

 In order 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:

Project Area (acres): ~525

Nearest Town: Greensboro

Nearest Waterway: Unnamed Tributary at Camp Herman

River Basin: Cape Fear

Latitude and Longitude: 36.173055 N, -79.713599W

The proposed project is located in northeastern Guilford County, approximately 8 miles

northeast of downtown Greensboro, North Carolina. The study area boundary for this

project encompasses the proposed transportation improvements and consists of

approximately 525 acres (Figure 1).

The proposed project, in addition to replacing Bridge No. 360 over US 29, would also

include the realignment and upgrade of the existing SR 4771 (Reedy Fork Parkway) and

SR 2526 (Summit Avenue).

Existing Site Conditions

Guilford County is located within the piedmont region of central North Carolina. The

project is located in the northern fringes of Greensboro, where historically rural

agricultural land use is transitioning to residential and commercial developments. The

Reedy Fork Ranches residential development is located on the east side of the existing

interchange, whereas several commercial businesses, a municipal golf course, and Lake

Townsend are on the west side of the interchange. The roadways to be improved as part

of the proposed project include US 29 (Principle arterial freeway) running north/south,

Summit Avenue (Minor arterial) on the west side of interchange, and Reedy Fork

Parkway (Local road) which crosses from Summit Avenue over US 29 and continues

east.  US 29 is a four-lane, median-divided freeway that connects I-40 in Greensboro with US

58 in Danville, Virginia. US 29 has partial control of access with periodic median breaks

and driveway cuts. The existing right-of-way is 250 feet wide along US 29. The SR 2565

(Hicone Road) Interchange is approximately 2 miles south of the Reedy Fork Parkway

Interchange. To the north approximately 3 miles is the NC 150 Interchange. The current

posted speed on US 29 is 55 miles per hour (MPH).

Summit Avenue is a minor arterial roadway that generally runs parallel to US 29 in the

project vicinity. The facility runs from downtown Greensboro in the south to NC 150 in

the north. Summit Avenue is a two-lane road with unpaved shoulders south of Bryan

Park Road and has three lanes with shoulders from Bryan Park Road north to Reedy Fork

Parkway. North of Reedy Fork Parkway it returns to a two-lane highway with unpaved

shoulders. The existing right-of-way is 100 feet wide until just before Morrisette Paper

and Packaging Company where it narrows to 60 feet as it continues north. The US 29

southbound ramps currently intersect with Summit Avenue. The posted speed limit is 45

MPH.

Reedy Fork Parkway is primarily a two-lane, median-divided local facility with curb-andgutter

through the Reedy Fork Ranch Development. It begins at its intersection with

Summit Avenue to the west of US 29, then crosses over US 29, intersects with Eckerson

Road, and continues to Turner Smith Road. The existing right-of-way along Reedy Fork

Parkway is 68 feet wide. There are sidewalks along the south side of the roadway east

from Eckerson Road to Reedy Fork Elementary School. The speed limit is 35 MPH.

The project study area is contained within the Cape Fear River Basin, part of the U.S.

Geological Survey (USGS) Hydrologic Unit 03030002. Based on a delineation by

NCDOT, there are 20 streams, 6 other surface waters (ponds), and 12 wetlands within the

Study Area; all are potential waters of the U.S. All of the streams identified within the

project area, which include Reedy Fork and Unnamed Tributary at Camp Herman, and

several unnamed tributaries, have been assigned a primary water resources class

classification of “WS-V; NSW.” “WS-V” refers to those waters protected as water

supplies which are generally upstream and draining to Class WS-IV waters, waters used

by industry to supply their employees with drinking water, or as waters formerly used as

water supply; these waters are also protected for Class C uses. “NSW” is a supplemental

classification intended for waters needing additional nutrient management due to being

subject to excessive growth of microscopic or macroscopic vegetation. A field

verification for NCDOT’s delineation is scheduled for October 2017; as such, the

location and extent of potential waters of the US are subject to change.

There are no designated anadromous fish waters, Primary Nursery Areas (PNA), or trout

waters 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. No streams located within a 1.0-mile

radius of the Study Area were found on the North Carolina 2014 Final 303(d) List of

Impaired Waters. No waters within the Study Area have been identified by the North

Carolina Wildlife Resource Commission (NCWRC) as trout waters; therefore, no

moratoria are anticipated for the proposed project. The National Marine Fisheries Service

(NMFS) has not identified any streams within the Study Area as an Essential Fish

Habitat. There are no streams within the Study Area determined by the USACE as

Navigable Waters under Section 10 of the Rivers and Harbors Act.

Applicant’s Stated Purpose

The primary purposes of the proposed project are to:

 replace a structurally deficient bridge over US 29;

 improve the existing US 29 / Reedy Fork Parkway Interchange to meet interstate

standards;

 accommodate the future traffic volumes generated from the Reedy Fork Ranches

mixed use development.

Project Description

NCDOT proposes a bridge replacement and an improvement to the existing interchange

on US 29 at SR 4771 (Reedy Fork Parkway) in Guilford County. The proposed project

would also include the realignment, part on new location, and upgrade of the existing SR

4771 (Reedy Fork Parkway) and SR 2526 (Summit Avenue).

The Build Alternatives under consideration for R-4707 consist of three interchange

configurations. Each interchange configuration would meet the project’s purpose and

need by providing a new bridge and improved interchange.

Detailed Study Alternatives (DSA)

Build Alternative 1: Single Point Urban Interchange (SPUI) - The SPUI Alternative

involves the signalization of three intersections on Reedy Fork Parkway between Summit

Avenue and Eckerson Road (Figure 2). Summit Avenue would be realigned to tie into the

realigned and extended Reedy Fork Parkway forming a signalized four-leg intersection.

For this alternative, three intersections would be signalized along Reedy Fork Parkway

between Summit Avenue and the proposed Service Road connecting Reedy Fork

Parkway to existing land uses along US 29.

Build Alternative 1 Revised: Diverging Diamond Interchange (DDI) – A diverging

diamond interchange (DDI) is a type of diamond interchange in which the two directions

of traffic from US 29 cross to the opposite side on both sides of the bridge at the

interchange (Figure 3).

Build Alternative 2: Partial Cloverleaf Interchange – The partial cloverleaf interchange

includes a loop and a ramp in the southeast and southwest quadrants of the proposed

Reedy Fork Road Interchange (Figure 4). The ramp terminals connect with planned

roadways on the north side of Reedy Fork Parkway. 

In addition to the three Build Alternatives (i.e., Detailed Study Alternatives), a No-Build

Alternative was also retained as a baseline against which the benefits, costs, and impacts

of the Build Alternatives could be compared. The No-Build Alternative assumed that the

transportation network in the PSA will continue to develop as called for in the 2040 Long

Range Transportation Plan (LRTP), but without R-4707 included.

For construction, right of way, and utilities, the project is estimated to cost a total of

$52.3 million to $57.7 million (2017 dollars). Depending on the DSA, construction costs

range from $35.6 million to $38.6 million, right-of-way costs range from $15.8 million to

$18.4 million, and utility relocation costs range from $0.6 million to $1.0 million.

Impacts to streams are shown in Table 1, below.

Table 1. Summary of Permanent and Temporary Stream Impacts

Build Alternative

Stream Impacts*

(linear feet)

Wetland Impacts

(Acres)

Single Point Urban Interchange (SPUI) 1,477 0.51

Diverging Diamond Interchange (DDI) 1,669 0.55

Partial Cloverleaf Interchange (PARCLO) 2,187 0.57

*Based on functional roadway design slope stakes plus 25 feet

Avoidance, Minimization and Compensatory Mitigation

Through development of the preliminary functional designs within the DSAs, NCDOT

has attempted to avoid impacts to streams and wetlands to the greatest practicable extent.

This included developing alignments and interchange 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.

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, NCDOT intends to coordinate

with the NCDEQ Division of Mitigation Services to provide the required compensatory

mitigation.

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

Pursuant to Section 106 of the National Historic Preservation Act of 1966 (NHPA),

Appendix C of 33 CFR Part 325, and the 2005 Revised Interim Guidance for

Implementing Appendix C, the District Engineer consulted district files and records and

the latest published version of the National Register of Historic Places and initially

determines that:

Properties ineligible for inclusion in the National Register are present within the

Corps’ permit area; there will be no historic properties affected by the proposed

work. The Corps subsequently requests concurrence from the SHPO (or THPO).

Historic properties, or properties eligible for inclusion in the National Register,

are present within the Corps’ permit area; however, the undertaking will have no

adverse effect on these historic properties. The Corps subsequently requests

concurrence from the SHPO (or THPO).

The applicant states that coordination with the North Carolina State Historic Preservation

Office (SHPO) was initiated through a letter dated August 10, 2004. This coordination

was initiated pursuant to the requirements of Section 106 of the NHPA. In a response

letter dated August 31, 2004, the SHPO identified Hardy’s Mill and recommended an

archaeological evaluation to determine its eligibility for listing in the National Register of

Historic Places (National Register) under Criterion D. The letter also mentioned that two

structures of historical or architectural importance are located within the general area of

the proposed project: Reedy Fork Acres (GF 1666) and Hardy’s Mill Pond and Store

Millpond (GF 2056). A field study was completed in 2006 by an NCDOT architectural

historian of the two structures noted in the 2004 letter. Photographs and evaluations of

the properties were reviewed in a SHPO staff meeting held February 2, 2007 where it was

determined that neither site is eligible for inclusion in the National Register of Historic

Places.

The applicant states that an archaeological field investigation was carried out between

October 17, 2016, November 3, 2016, and June 2017 to identify and evaluate

archaeological sites within the defined APE for inclusion in the NRHP. The

investigations identified one small site which was recommended as not eligible for the

NRHP. As such, the applicant states that the project would not impact significant

archaeological resources.

The District Engineer’s final eligibility and effect determination will be based upon

coordination with the SHPO, 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

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 determines that the proposed project

may affect, not likely to adversely affect federally listed endangered or

threatened species or their formally designated critical habitat.

The Corps initiates consultation under Section 7 of the ESA and will not make

a permit decision until the consultation process is complete. As of March 25,

2015, the U.S. Fish and Wildlife Service (USFWS) lists one federally protected

species for Guilford County, the small whorled pogonia (Isotria medeoloides).

The applicant has indicated that habitat does exist for this species in the project

area, although no information on surveys for the species were submitted.

Northern Long-Eared Bat. The US Fish and Wildlife Service has developed a

programmatic biological opinion (PBO) in conjunction with FHWA, USACE, and

NCDOT for the northern long-eared bat in eastern North Carolina (which includes Wake

County). The PBO went into effect in 2016 and covers all NCDOT projects and activities

in NCDOT Divisions 1 to 8. The programmatic determination for the bat is “May Affect,

Likely to Adversely Affect”. The PBO involves a research and tracking program to

establish conclusive information concerning the existence of the northern long-eared bat

in the eastern part of North Carolina. The PBO also requires that upon completion of

clearing activities for each project with federal funds, NCDOT will report on the

estimated acres of clearing to the US Fish and Wildlife Service.

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