SAW-2010-00032

Issue Date: July 28, 2016

Comment Deadline: August 26, 2016

Corps Action ID Number: SAW-2010-00032

TIP No. U-3633

The Wilmington District, Corps of Engineers (Corps) has received an application from the North Carolina Department of Transportation (NCDOT) seeking Department of the Army authorization to permanently impact 1,119 linear feet of stream and temporarily impact 186 linear feet of stream along 1.3 miles of NC 273 (South Main Street) to widen the road to a multi-lane facility in Gaston County, North Carolina. (TIP No. U-3633).

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/PublicNotices.aspx

Applicant:

North Carolina Department of Transportation

Division of Highways

Mr. Philip S. Harris III, P.E., C.P.M.

Natural Environment Section Head

1598 Mail Service Center

Raleigh, North Carolina 27699-1598

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:

X - 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)

The project is located along NC 273 (South Main Street) from Tuckaseege Road (at Beatty Drive) to Highland Street (at A&E Drive) in Mount Holly, Gaston County, North Carolina.

Project Area: 1.3 miles

Nearest Town: Mount Holly

Nearest Waterways: Fites Creek

River Basin: Catawba River Basin (HUC 03050101)

Latitude and Longitude: 35.285005 N, 81.023284 W

The project study area is located in the Piedmont physiographic region of North Carolina. Topography in the project vicinity is comprised of gently rolling hills with narrow, level floodplains along streams. The elevations in the study area range from 600 to 700 feet above mean sea level. Land use in the project vicinity consists primarily of residential and urban development interspersed with forestland along stream corridors.

The Gaston County Soil Survey identifies six soil types within the project study area including: 1) Cecil urban land complex (CfB), Well Drained, Non-Hydric, 2) Chewacla loam (ChA), Somewhat Poorly Drained, Hydric, 3) Lloyd sandy clay loam (LdB2), Well Drained, Non-Hydric, 4) Lloyd sandy clay loam (LdD2), Well Drained, Non-Hydric, 5) Wilkes loam (WkF), Well Drained, Non-Hydric, 6) Winnsboro loam (WnB), Well Drained, Non-Hydric.

Two terrestrial communities were identified within the project study area: maintained/disturbed and mixed hardwood forest. Maintained/disturbed areas are scattered throughout the study area in places where the vegetation is periodically mowed, such as roadside shoulders and residential lawns. The mixed hardwood forest community exists in the middle of the project study area.

Waters within the project area are located in the Catawba River Basin (HUC 03050101). There are no Outstanding Resource Waters (ORW), High Quality Waters (HQW), or Water Supply Waters (WS-I or WS-II) within 1.0 mile downstream of the project area. Streams that are impacted by this project include Fites Creek (Index #11-121-(1), Classification WS-IV) and three of its unnamed tributaries. Stream determinations within U-3633 were conducted using the field determination method outlined in the 2010 NCDWR Stream ID Manual. Personnel with the U.S. Army Corps of Engineers (USACE) and the North Carolina Division of Water Resources (NCDWR) verified the water resources on September 28, 2009. An approved Jurisdictional Determination (JD) was issued by the USACE on May 4, 2010 (Action ID 2010-00032). An additional intermittent stream (SE) was identified in the field in October 2013.

The Catawba River (located <1.0m downstream) is currently listed on the 2014 Final and 2016 Draft 303(d) list of impaired waters for PCB Fish Tissue Advisory.

The purpose of this project is to increase system capacity and improve efficiency along NC 273 (South Main Street) for local and regional traffic, thereby improving mobility.

NC 273 is the primary north-south facility for local commuters serving the City of Mount Holly from Interstate 85 in east central Gaston County. Traffic volumes are expected to almost double by the design year of 2035 on this segment of NC 273. 2011 traffic volumes along the project ranged from 18,215 to 24,485 vehicles per day (vpd). In the design year 2035, traffic volumes are expected to range from 31,600 to 42,300 vpd. If this segment of NC 273 in Gaston County is not widened, it is expected that traffic volumes on the project will exceed the current capacity of the existing facility by at least 100%.

The NCDOT proposes a four-lane median-divided facility along NC 273 (South Main Street) with curb and gutter, sidewalks, and a wide outside lane to accommodate bicycles. Proposed improvements will increase the right of way width to 120 feet. A raised median is proposed for the entire length of the proposed project. Median openings with bulb outs will be constructed to provide U-turns for trucks between the West Catawba Drive/East Catawba Drive intersection and the Carey Street/Cloisters Apartment Entrance intersection. No driveway control of access is proposed for the project.

All intersections will remain at-grade intersections. A raised median is proposed along the entire length of the proposed project and will limit the existing full movement conditions at the numerous private driveways and the following two-lane side streets that intersect NC 273 (South Main Street); Lowe Street, Sunset Drive, Stoneridge Drive, and Nutall Drive. Bulb outs to accommodate U-turns are located between East Catawba Drive/West Catawba Drive and the Carey Street/ Cloisters Entrance intersections with NC 273 (South Main Street). The sections below describe the proposed improvements to the following intersections:

• The intersection of NC 273 (South Main Street) and South Main Street/Belmont - Mt. Holly Road will be converted from a right in/right out with a left out to a right in/right out intersection. A concrete median will limit turning movements and prevent left turns from South Main Street/Belmont - Mt. Holly Road.

• The intersection of NC 273 (South Main Street) and Forest Hills Drive will be converted from a stop signed controlled full movement intersection to a right-in/right-out intersection. A concrete median will restrict traffic to right-in/right-out turn movements.

• The intersection of NC 273 (South Main Street) and East Catawba Drive/West Catawba Drive will be converted from a full movement intersection to a left-over type intersection. A raised concrete median will limit movements to left turn into those streets from either direction.

• The intersection of NC 273 (South Main Street) and Carey Street/Cloisters Apartment Entrance will be no longer be a right-in right out with a left-out intersection. The proposed improvements include a raised concrete median that will restrict traffic to right-in/right-out turn movements.

The proposed project will result in 1,096 linear feet of permanent stream impacts, 23 linear feet of stream bank stabilization, and 0.03 acre (186 linear feet) of temporary stream impacts. There are no wetlands within the project footprint and there will be no impacts associated with utility relocations for this project. Below is a summary of each of the seven permit site locations:

Permit Site 1: Water from stream SE will be routed into a 36” and then 42” reinforced concrete pipe (RCP) to converge with the pipe carrying SB under Y5. As a result of the rerouting at the inlet end of the 36” pipe, there will be 15 linear feet (lf) of permanent stream impacts and <0.01 ac (14lf) of temporary stream impacts to SE.

Permit Site 2: As a result of the rerouting of SE into a 36” and then 42” RCP, the portion of the channel east of the existing road will no longer be carrying the flow from SE. This permanent dewatering will result in 145 lf of permanent stream impacts to SE (these impacts include 43 lf of SE that currently flows through a concrete-lined channel).

Permit Site 3: The 42” RCP currently carrying stream SB under Y5 will be replaced and realigned with a 54” RCP. This pipe replacement and channel shift will result in 68 lf of permanent stream impacts and 0.01 ac (26 lf) of temporary stream impacts to SB.

Permit Site 4: The 42” pipe currently carrying stream SB under Y6 will be replaced with a 54” RCP with a headwall. This pipe replacement will result in 7 lf of permanent stream impacts, 10 lf of stream bank stabilization, and <0.01 ac (21 lf) of temporary stream impacts to SB.

Permit Site 5: A new 60” corrugated steel pipe (CSP) will be installed to carry stream SB under the new fill slopes resulting from the road widening in this location. This 60” CSP will result in 484 lf of permanent stream impacts, 13 lf of stream bank stabilization and <0.01 ac (42 lf) of temporary stream impacts to SB.

Permit Site 6: The existing triple-barrel reinforced concrete box culvert (RCBC) will be extended on both ends to accommodate the widening of NC 273. This culvert extension will result in 228 lf of permanent stream impacts (94 lf on the inlet side and 134 lf on the outlet side) and 0.02 ac (68 lf) of temporary stream impacts.

Permit Site 7: To accommodate the new roadway slopes resulting from widening NC 273, steam SD will be relocated to the west. This relocation will result in 149 lf of permanent stream impacts and <0.01 ac (15 lf) of temporary stream impacts to SD.

According to the applicant, they have avoided and reduced impacts to streams to the greatest extent practicable. Specific examples of avoidance and minimization measures include:
• To avoid impacts to existing outfalls, drainage from the proposed roadway is separated from the existing site drainage.

• Hazardous Spill Basins will be utilized for stormwater discharge entering Fites Creek since it is within 0.5 miles of a Critical Area (CA) and the Catawba River which is a primary water resource.

• The extension of the RCBC carrying Fites Creek will be supplemented with a 66" pipe to assist with floodplain conveyance and accommodate the new roadway typical section.

• Sills and low flow benches will be utilized in the RCBC extension to maintain a low flow channel passing through the center barrel of the culvert.

• Best Management Practices (BMPs) will be utilized during construction to attempt to reduce the stormwater impacts to receiving streams due to erosion and runoff.

The proposed project will result in 1,096 linear feet of permanent stream impacts, 23 linear feet of stream bank stabilization, and 0.03 acre (186 linear feet) of temporary stream impacts. There are no wetlands within the project footprint. The USACE is not requiring mitigation for the 23 linear feet of stream bank stabilization.

The applicant proposes to purchase credits from the NC Division of Mitigation Services (NCDMS) as compensatory mitigation to offset unavoidable functional losses to the aquatic environment resulting from 1,096 lf of permanent impact to streams. NCDOT proposes to mitigate for the permanent stream impacts at a 2:1 ratio.

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 affect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service.

The Federal Highway Administration (FHWA) is the lead federal agency for this project and approved a Categorical Exclusion (CE) on August 27, 2012.

The State Historic Preservation Office (SHPO) noted there was one district of historical or architectural importance within the general area of the project and recommended further evaluation of this district. A field survey of the Area of Potential Effects (APE) was conducted for the proposed project by an architectural historian pursuant to Section 106 of the National Historic Preservation Act. All properties within the APE were evaluated for National Register eligibility. The architectural historian concluded that no properties within the project’s APE were considered eligible for the National Register of Historic Places. There are no National Register-listed or Study Listed properties within the project’s APE. On September 15, 2009, the SHPO concurred that compliance with Section 106 of the National Historic Preservation Act has been completed for this project.

The Historic Preservation Office (HPO) noted that there are no known archaeological sites within the proposed project area (correspondence dated June 17, 2006) and recommended no additional archaeological investigations. Therefore compliance with Section 106 of the National Preservation Act in regards to archaeological resources is complete and no further action is necessary.

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 would not affect federally listed endangered or threatened species or their formally designated critical habitat.

   - 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.

X - 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.

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 August 26, 2016 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

Based upon all available information, the Corps has determined 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).

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.

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 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, August 26, 2016. Comments should be submitted to Steve Kichefski, Regulatory Project Manager, Asheville Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville, North Carolina 28801-5006, at (828) 271-7980 extension 234. Comments can also be emailed to steven.l.kichefski@usace.army.mil.

DISCLAIMER: Please download the attached PDF version of this notice for complete information, proper formatting, and inclusion of tables and figures.