11-(51),
11-(53)
WS-IV,B;CA From Rhodhiss Dam to US 321 Bridge, From US 321 Bridge to NC 127
Gunpowder Creek 11-55-(4) WS-IV; CA From a point 0.8m downstream of Billy
Branch to Catawba River (Lake Hickory) Billy Branch 11-55-3 WS-IV
From source to Old Mill Pond,
Gunpowder Creek
Little Gunpowder Creek 11-55-2-(2) WS-IV From US 321A to Gunpowder Creek Gunpowder
Creek 11-55-(1.5) WS-IV From a point 0.5m downstream of SR
1127 to a point 0.8m downstream of Billy Gunpowder Creek 11-55-(0.5) C
From source to a point 0.5m downstream
of SR 1127
Brushy Fork 11-55-1-1 C From source to Angley Creek
Angley Creek 11-55-1 C From source to Gunpowder Creek
Gunpowder Creek (11-55-(1.5)) is currently listed on the North Carolina 2016 Final 303(d) list of
impaired waters for having impaired benthos. The only unnamed tributary to this portion of
Gunpowder Creek impacted within the project area is stream SAA within U-4700C and U- 4700CB.
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There are no trout waters or watersheds within the project area. Therefore, no moratoria are
required for this project.
The project will not impact any designated Wild and Scenic Rivers or any rivers included in the
list of Study Rivers (Public Law 90-542, as amended).
US 321 is classified as an urban principal arterial from US 70 in Hickory to 2nd Avenue in Hickory.
From 2nd Avenue to Southwest Boulevard in Lenoir, US 321 is classified as a principal arterial on
the Statewide Functional Classification System. The approximately 14 miles of proposed improvements
for US 321 are from its junction with US 70 in Hickory, Catawba County to the Southwest Boulevard
intersection in Lenoir, Caldwell County (see Figure 1).
Catawba, Burke, and Caldwell Counties are located in Western North Carolina in the foothills of the
Appalachian Mountains. Catawba, Burke, and Caldwell Counties are part of the Hickory-
Morganton-Lenoir Metropolitan Statistical Area, the fourth largest MSA in North Carolina. This MSA
has a population of over 300,000 people. The project area starts approximately 1 mile north of
Interstate 40 in a commercial & industrial part of Hickory. The project moves north and crosses the
Catawba River. The project passes through and terminates in a more rural area which is dotted with
businesses, towns, communities, and farmlands.
The Western Piedmont Council of Governments is designated as the Lead Planning Agency for the
Greater Hickory Metropolitan Planning Organization. The Greater Hickory MPO and NCDOT assist the
four counties and 24 municipalities in developing a regional transportation plan. Planning efforts
connect the entire region to develop a cohesive multi-modal transportation system.
Currently, US 321 is a four-lane highway with a 30-foot grass median and 4-foot paved shoulders.
Median breaks have been provided at intersections and some large driveways. The existing right of
way ranges from 150 to 700 feet in width. The right of way also varies from full control of access
to no control of access. The posted speed limit on US 321 varies from 45 to 55 miles per hour
within the project area. The project area contains two interchanges, 12 signalized intersections,
and five grade separations across US 321.
Applicant’s Stated Purpose
The purpose of the proposed project is to reduce congestion on US 321 in order to achieve a level
of service (LOS) D or better in the Design Year 2040.
This purpose is based on the applicant’s needs, as follows:
• Segments of US 321 between Hickory and Lenoir are currently experiencing congestion and
operate at LOS E and F. Also, a majority of intersections along the project area currently operate
at LOS E and F. In the Design Year (2035), 12 of 13 segments along the mainline and 16 of 18
intersections are projected to operate at LOS F.
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Project Description
NCDOT proposes improvements to include the widening of US 321 from just north of the US 70
interchange in Hickory (Catawba County) to the Southwest Boulevard (SR 1933) interchange in Lenoir
(Caldwell County). The proposed improvements involve approximately 14 miles of existing US 321 with
a majority of the roadway located in Catawba and Caldwell Counties and
0.3 miles in Burke County.
The original limits of Project U-4700 were from US 70 in Hickory to US 64 in Lenoir. The northern
terminus was changed in October 2015 from US 64 to Southwest Boulevard to provide additional time
for the Department and the City of Lenoir to study alternatives at the US 321 with US 64/NC 18-90
intersection. Therefore, the project limits for U-4700 were shortened to Southwest Boulevard, a
distance of 3.3 miles.
The project will be permitted in phases due to project size, funding and TIP schedule. Table 2
describes the proposed project sections and phasing. Department of the Army authorization for
actual roadway construction is only being considered on Sections CA, CB and CC where final design
has been completed and where all practicable measures to minimize impacts to waters and/or wetlands
have been adopted. The proposed impacts for the remaining Sections A, B, and C are based on
preliminary design. Preliminary design impacts have been calculated using preliminary slope stakes
plus 25’. Work on those sections with preliminary design, as identified above, will only be
authorized after all practicable measures to minimize impacts to jurisdiction aquatic resources
have been adopted. Accordingly, NCDOT will be required to seek modifications to the existing
permit, if issued, in order to commence work on the other sections of road identified above. Permit
modification requests will be submitted as the final design is completed for each of the remaining
sections (A-C) according to the phasing dates provided in Table 2.
Table 2 – Project phasing for US 321 Widening (U-4700)
Section
Approximate Section Limits
Approximat e Length
Constructio n Letting
U-4700CA SR 1160 (Mount Herman Road) Intersection Upgrade N/A Jun 2019 U-4700CB SR 1809/1952
(Pine Mountain Road) Intersection N/A Jun 2019 U-4700CC SR 1108 (Mission Road)
Intersection Upgrade N/A Jun 2019 U-4700A US 70 to US 321A
3.5 miles Aug 2021
U-4700B US 321A to SR 1108 (Mission Road) 7.2 miles Jan 2030 U-4700C
SR 1108 (Mission Road) to SR 1933 (Southwest Blvd.) 3.3 miles Jan 2030
TOTAL: 14 miles
The preliminary projected impacts for the overall project will be approximately 0.7 acre of
permanent wetland impacts, 5,950 linear feet of permanent stream impacts, and <0.01 acre of
temporary stream impacts. Table’s 3 and 4 contains a summary of the proposed jurisdictional wetland
and stream resources by TIP section.
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Table 3 – Summary of Wetland Impacts for U-4700
Design Stage
Wetland Impact
Wetland Impacts
Section
Wetland Impact Type
Area (ac)
Requiring Mitigation (lf)
U-4700A Preliminary Permanent Fill 0.1* 0.1
U-4700B Preliminary Permanent Fill 0.2* 0.2
U-4700C Preliminary Permanent Fill 0.4* 0.4
U-4700CA Final Permanent Fill --
0
U-4700CB Final Permanent Fill --
0
U-4700CC Final Permanent Fill --
0
Total 0.7
0.7
* Preliminary impacts are calculated using slope stakes +25’
Table 4 – Summary of Stream Impacts for U-4700
Stream
Section Desig
Stream Impact Type Impact
Temporar y Impacts
Impacts Requiring
U-4700A Preliminary Permanent Fill 1,795 -- 1,795*
U-4700B Preliminary Permanent Fill 3,055 -- 3,055*
U-4700C Preliminary Permanent Fill 1,000 --
1,000*
U-4700CA Final Permanent Fill -- --
0
Temporary -- --
Permanent Fill 100 -- 100**
U-4700CB Final
Temporary -- <0.01
U-4700CC Final Permanent Fill -- --
0
Temporary -- --
Total 5,950 <0.01 5,950
* Preliminary impacts are calculated using slope stakes +25’ (temporary impacts TBD)
** See Table 5
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or minimize
impacts to the aquatic environment: NCDOT has avoided impacting many wetlands and streams, and
reduced impacts to these resources to the greatest extent practicable. Information regarding the
avoidance and minimization efforts with regard to Dwarf Flowered Heartleaf (DFHL) is detailed in
the December 2018 Biological Assessment. Other specific examples of avoidance and minimization
measures include:
• Shifted a U-turn bulb within U-4700CB further south to avoid impacts to a stream and wetland.
• Selected a 22 and 30-foot median rather than a 46-foot median typical section.
• Added a bridge and increased slopes on the Grace Chapel Flyover ramp at Station 14+98 to
minimize stream impacts.
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• Added several retaining walls near Falls Avenue (northbound off-ramp, southbound on- ramp, and
northbound on-ramp) to minimize impacts to both streams and dwarf-flowered heartleaf.
• Re-aligned the connector road from the Alex Lee Boulevard interchange to Sage Meadow Circle to
avoid stream impacts and minimize property impacts.
• Removed Dudley Shoals Road loop to minimize stream impacts and avoid impacts to historical
resources.
• Slopes at CP2A Hydraulic Sites 3, 5, 6 and 11 will be steepened to minimize stream impacts.
• Steepened slopes in the vicinity of several populations of DFHL (population numbers 24, 26,
32, 36, 48, and 51) to minimize impacts to these plants.
• Steepened slopes and tightened buffer to avoid impacts to a DFHL conservation area.
• Expressway gutter was added in two locations to minimize impacts to property and a Duke Energy
Substation.
• Best Management Practices will be utilized during construction to attempt to reduce the
stormwater impacts to receiving streams and wetlands due to erosion and runoff.
Compensatory Mitigation
According to the applicant, the project has been designed to avoid and minimize impacts to
jurisdictional areas throughout the National Environmental Policy Act (NEPA) and design processes.
However, project impacts will necessitate compensatory mitigation to offset unavoidable functional
loss to the aquatic environment. It has been determined that onsite mitigation is not an option for
this project and the North Carolina Division of Mitigation Services will provide all required
mitigation for these sections. Mitigation acceptance letters were submitted with the permit package
for Section A (preliminary design) and Section CB (final design impacts), however compensatory
mitigation will be provided for Sections B and C after final design is completed.
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). Any adverse effects to historic resources would
be resolved through execution of a memorandum of agreement.
Archaeological and Historic Architectural Resources:
Representatives of the SHPO, FHWA, and NCDOT met on March 10, 2015 and reached concurrence on
effects to three resources based on the early project design.
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• Houck’s Chapel (CT0180 – NR) – No Adverse Effect with Commitments
• G. Haywood Hartley House (CW0231 – DE) – No Effect
• James Edgar Broyhill Estate (CW0251 – DE) – No Adverse Effect with Commitments
Following design changes and additional investigations of an expanded study area, a second effects
consultation on March 20, 2018, established the final findings for the three resources above and
one additional resource:
• Houck’s Chapel (CT0180 – NR) – No Effect
• G. Haywood Hartley House (CW0231 – DE) – No Effect
• James Edgar Broyhill Estate (CW0251 – DE) – No Adverse Effect with Commitments
• Julius V. Stirewalt Farm (CW0832 – DE) – No Effect
If a Corps permit is issued for this project, the commitments for a finding of No Adverse Effect
would be included as a special condition of the permit.
The archaeological survey within the Area of Potential Effects (APE) was completed on July 24,
2015, and the results showed that none of the fifteen evaluated sites were determined to be
eligible for the NRHP under any criteria and that no further work was necessary. The SHPO concurred
via letter December 22, 2015. Supplemental archaeological field investigations were completed on
August 30, 2017 to capture an expanded APE. No new sites were identified.
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 (ESA). Table 5 contains the federally listed threatened and endangered species for the 3
counties within the project area. It also includes the FHWA’s determinations of effect to these
species that would result from implementation of the project.
Table 5 – Federally protected species listed for Catawba, Burke, and Caldwell Counties
Scientific Name Common Name County* Federal
Status**
Habitat Present
Biological Conclusion
Clemmys muhlenbergii Bog turtle B, Ca T (S/A) N/A Not
Required
Glaucomys sabrinus coloratus
Carolina northern flying squirrel
Ca E No No Effect
Myotis septentrionalis Northern long-
eared bat
Ct, B, Ca T Yes 1
Corynorhinus townsendii virginianus
Virginia big- eared bat
Ca E No No Effect
Microhexura montivaga Spruce-fir moss
spider
Ca E No No Effect
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Hexastylis naniflora Dwarf-flowered
heartleaf
Ct, B, Ca T Yes MALAA2
Liatris helleri Heller’s blazing star B, Ca T No
No Effect
Hudsonia montana Mountain golden
heather
B T No No Effect
Hedyotis purpurea var.
montana
Roan mountain bluet
Ca E No No Effect
Helianthus schweinitzii Schweinitz’s
sunflower
Isotria medeoloides Small whorled
pogonia
Ct E Yes No Effect
B T Yes No Effect
Geum radiatum Spreading avens B E No
No Effect
Sisyrinchium dichotomum White irisette B E Yes No
Effect
Gymnoderma lineare Rock gnome lichen B E No No
Effect
*Ct – Catawba County, B – Burke County, Ca – Caldwell County
**T(S/A) – Threatened due to similarity of appearance, T – Threatened, E – Endangered 1 – Northern
long-eared bat is consistent with the 4(d) rule
2 – May Affect, Likely to Adversely Affect
Below is a summary of species with habitat in the project area:
Northern long-eared bat: A memo documenting that NCDOT has satisfied the 4(d) requirements for this
project with regard to this species was sent to USFWS on November 9, 2017.
Dwarf-flowered heartleaf: Multiple populations of dwarf-flowered heartleaf (DFHL) are present
within the project area and Formal Section 7 Consultation was necessary for this species. A
Biological Assessment (BA) was distributed for comment on November 30, 2018 and was submitted on
December 20, 2018. It is anticipated that the USFWS will issue a Biological Opinion (BO) concurring
with the biological conclusion of "May Affect, Likely to Adversely Affect" for this species,
however the Corps cannot make a permit decision until the consultation process is complete.
Schweinitz’s sunflower: Walking visual surveys of all areas of potential habitat within Catawba
County were conducted in September 2013, October 2015 and September 2018. No individuals of this
species were identified within the project area and there are no known occurrences within
1.0 mile of the project.
Small whorled pogonia: Walking visual surveys of all areas of potential habitat within Burke County
were conducted in June 2009, July 2013, and June 2018. No individuals of this species were
identified within the project area and there are no known occurrences within 1.0 mile of the
project.
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White Irisette: Walking visual surveys of all areas of potential habitat within Burke County were
conducted in July 2013, and June 2018. No individuals of this species were identified within the
project area and there are no known occurrences within 1.0 mile of the project.
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 that the proposed project may affect,
likely to adversely affect a federally listed endangered or threatened species or their formally
designated critical habitat (Dwarf-flowered heartleaf). Consultation has been initiated with the
USFWS by FHWA and a Biological Assessment was submitted on December 20, 2018, and as stated above,
the Corps will not make a permit decision until the consultation process is complete.
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 March 4, 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
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,
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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 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 a Corps of Engineers EA and/or an
Environmental Impact Statement pursuant to 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 Corps
of Engineers, Wilmington District, until 5pm, March 4, 2019. Written comments should be submitted
to Mr. Steve Kichefski, US Army Corps of Engineers, Asheville Regulatory Field Office, 151 Patton
Avenue, Room 208, Asheville, NC 28801-5006, telephone (828) 271-7980,
comments can also be submitted by email to:
steven.l.kichefski@usace.army.mil