SAW-2013-01883

PUBLIC NOTICE  - Please download PDF files for proper formatting and completeness.

Issue Date: September 22, 2016
Comment Deadline: October 21, 2016
Corps Action ID #: SAW-2013-01883
STIP Project Nos. I-4400 & I-4700
The Wilmington District, Corps of Engineers (Corps) has received an application 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 the proposed widening and
improvement of 22.2 miles of Interstate 26 (I-26) in Henderson and Buncombe Counties,
North Carolina, State Transportation Improvement Program (STIP) Nos. I-4400 and
I-4700.
Specific alignment alternatives and location information are described below and shown
on the attached maps. This Public Notice and attachments are also available on the
Wilmington District Web Site at http://www.saw.usace.army.mil/Missions/Regulatory-
Permit-Program/Public-Notices/
The Federal Highway Administration’s (FHWA) Draft Environmental Impact Statement
(DEIS) and related maps for this project are available on the NCDOT website at
https://www.ncdot.gov/projects/i26Widening/
Applicant: North Carolina Department of Transportation
Project Development and Environmental Analysis Branch
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 to compare alternatives that have been carried
forward for detailed study pursuant to applicable procedures of Section 10 of the Rivers
and Harbors Act of 1899 and Section 404 of the Clean Water Act (33 U.S.C. 1344).
In order to more fully integrate Section 10 and 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 evaluated
in the August 2016, FHWA DEIS ( https://www.ncdot.gov/projects/i26Widening/ ). 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
The project is located in western North Carolina in southeastern Henderson County, just
south of Hendersonville, and continues west to southern Buncombe County, just south of
Asheville. The project corridor is 22.2 miles in length and passes through the Town of
Fletcher and the City of Hendersonville in Henderson County, and the southern portion
of the City of Asheville in Buncombe County (Attachment 1).
This project is included in the 2016 – 2025 STIP as two projects, I‐4400 and I‐4700.
STIP Project I‐4400 is 13.6 miles in length and begins at US 25 (Exit 54) near
Hendersonville and extends along I‐26 west to NC 280 (Exit 40). STIP Project I‐4700 is
8.6 miles in length and extends along I‐26 from NC 280 west to the I‐40/I‐240
interchange. For the remainder of this public notice, STIP Numbers I-4400 and I-4700
will be referred to as “the project.”
I‐26 is a major transportation route in western North Carolina and the southeastern
United States for the movement of both people and goods. I‐26, as a whole, is considered
a west‐to‐east corridor and runs from Kingsport, Tennessee to Charleston, South
Carolina. As noted in the DEIS however, I‐26 generally runs south‐to‐north in the project
area.
The project study area (PSA) boundary for this project generally consists of a 1,400‐foot
wide corridor that follows existing I‐26 from US 25 in Henderson County, north to
I‐40/I‐240 in Buncombe County (Attachments 2-11). The PSA boundary also
encompasses interchanges that are included in this project and the Blue Ridge Parkway
Bridge over I‐26.
Existing Site Conditions
I‐26 is a four‐lane, median‐divided, full control‐of‐access facility between US 25 (Exit
54) in Henderson County and I‐40/I‐240 (Exit 31) in Buncombe County. This section of
I‐26 also carries the US 74 designation. The project area includes eleven existing
grade‐separated crossings and eight existing interchanges. The speed limit varies from 65
miles per hour (mph) in southern Henderson County to 60 mph in northern Henderson
County, into Buncombe County, and up to I‐40/I‐240.
I‐26 interchanges with US 25, which serves the region as a north‐south connection
between Asheville, North Carolina and Greenville, South Carolina, and US 64, which
serves the region as an east‐west connection between I‐77 in Statesville, NC, and I‐75
near Chattanooga, Tennessee. The interchange of I‐26 and I‐40/I‐240 in Buncombe
County forms the center of the region’s transportation system. These two freeways
interconnect the region and carry the highest percentage of trips passing through the area,
while their locations in proximity to populated areas, commercial areas, and the Asheville
Regional Airport also serve a large portion of the local travel demands.
Due to its predominately south to north alignment in the PSA, I‐26 serves south to north
traffic through the region. With limited alternate south to north routes, automobile and
truck‐freight through traffic utilizing I‐26 share the facility with local traffic, creating
several areas of congestion during peak travel periods on I‐26. The I‐26 corridor in the
PSA also experiences a seasonal increase in traffic volume during the summer and fall
months as tourists visit the region for recreational activities and fall foliage viewing.
Current traffic volumes indicate that demand exceeds the available capacity of I‐26 in
Buncombe County (NC 280 [Airport Road] to I‐40/I‐240), with this segment of the
roadway operating at Level of Service (LOS) F. LOS is a qualitative measure used to
describe the operating conditions of a roadway. LOS is generally described in terms of
factors such as speed, travel time, freedom to maneuver, traffic interruptions, driver
comfort and convenience, and safety. LOS is represented by a letter ranking from “A” to
“F”, with “A” representing free flowing conditions and ”F” representing trafficbreakdown
conditions. Below is a visual representation of LOS from the August 2016
FHWA DEIS:
The segment in Henderson County (US 25 to NC 280) is currently operating at an
acceptable LOS D or better. Taking regional population and employment growth into
account, the entire roadway corridor from US 25 to I‐40/I‐240 is projected to operate
over capacity (LOS F) in 2040. According to NCDOT, I‐26 currently carries substantial
traffic volumes and is projected to carry higher traffic volumes in the future; therefore,
the number of congestion‐related crashes is expected to increase. The approximately
23‐mile section of I‐26 from the US 25 interchange in Henderson County to the
I‐40/I‐240 interchange in Buncombe County experienced 2,072 crashes during the
five‐year time period of March 2011 through February 2016. This crash rate is below the
statewide average for similar facility types, when considering total and non‐fatal injury
crash type categories, but above the statewide average for the fatal crash category.
Approximately 66 percent of all crashes occur during the 11 a.m. to 7 p.m. timeframe.
The Blue Ridge Parkway Bridge over I‐26 is included in the PSA for this project; this
bridge is located at Milepost 391.79 on the parkway. An average of 5,000 vehicles per
day use this bridge during the visitor season. There is no direct access to I‐26 from the
parkway.
Land use throughout the PSA is mixed, consisting of large sections of residential areas,
commercial and industrial stretches, and agricultural tracts. Residential areas generally
consist of single family homes on individual parcels or within subdivisions. Commercial
development is largely concentrated near the I‐26 interchanges with US 64, NC 280
(Airport Road), NC 146 (Long Shoals Road), and NC 191 (Brevard Road).
Water resources in the PSA are part of the Broad and French Broad river basins (US
Geological Survey [USGS] Hydrologic Unit Codes [HUC] 03050105 and 06010105).
The French Broad River is a major feature in the region. It bisects Buncombe County and
provides a water source for a large portion of the PSA. Due to the topography of the
region, most other rivers, streams, and creeks flow into the French Broad River. The
Hominy Creek watershed is located in southern Asheville and contains Hominy Creek
and South Hominy Creek. South Hominy Creek, the French Broad River, Clear Creek,
Devils Fork, Bat Fork, Ivy Creek, Mills River, Mud Creek, and Cane Creek are listed on
the NCDWR 2014 Final 303(d) list of impaired waters.
One hundred and seventy‐five (175) perennial and intermittent streams, one hundred and
fifty-eight (158) wetlands, and fourteen (14) ponds were identified in the PSA for this
project. All but three (3) of these streams are designated as cold water streams. The
French Broad River in the PSA is a navigable water under Section 10 of the Rivers and
Harbors Act of 1899.
There are no designated anadromous fish waters or Primary Nursery Areas present in the
PSA. There are no designated High Quality Waters, Outstanding Resource Waters, or
Water Supply Watersheds (WS‐I or WS‐II) within 1.0 mile downstream of the PSA. The
North Carolina 2014 Final 303(d) list of impaired waters (DWR, 2015) includes the
French Broad River, Mud Creek, and Devils Fork; however, none of the streams in the
project corridor are listed for either turbidity or sedimentation. The French Broad River
(Assessment Unit [AU] 6‐(54.75)b) from Mud Creek to NC 146 is listed for fecal
coliform. Mud Creek (AU 6‐55c2) from Clear Creek to Byers Creek is listed for Fish
Community ‐ Fair and Benthos ‐ Fair. Devils Fork (AU 6‐55‐8‐2b) from the first
unnamed tributary west of Howard Gap Road (SR 1006) to Johnson Drainage Ditch is
listed for Benthos ‐ Poor.

Applicant’s Stated Needs and Purpose
Applicant’s stated needs:
• Improve existing and projected roadway capacity deficiencies.
According to NCDOT, sections of I‐26 currently operate at levels of congestion
characterized by unstable travel speeds with a high level of discomfort to the driver. As
projected traffic volumes increase, more sections of I‐26 are projected to operate at
similar levels of congestion. I‐26 is anticipated to operate over capacity by 2040 (design
year), hindering its ability to serve high‐speed regional travel.
• Improve insufficient pavement structure and deteriorating existing road surface
conditions.
The existing I‐26 roadway surface has undergone major rehabilitation twice, most
recently in 2011. During past rehabilitation efforts, NCDOT Divisions 13 and 14 also
replaced slabs and repaired joints. According to NCDOT, the roadway is again showing
signs of deterioration and additional rehabilitation will not be sufficient to provide a
quality roadway because of the lack of depth of remaining concrete. Reconstruction of
I‐26 in the PSA is needed for high‐speed, safe, and efficient travel.
Applicant’s stated purpose:
The purpose of the proposed improvements to I‐26, from US 25 in Henderson County
north to I‐40/I‐240 in Buncombe County, is to reduce congestion, with a goal of
achieving an overall LOS D in the design year (2040), and to improve the pavement
structure. LOS D is the standard performance goal target used by NCDOT for
environmental studies where congestion is one of the needs being addressed.
Project Description
NCDOT proposes to widen and improve a 22.2‐mile segment of I‐26 from US 25 near
Hendersonville to I‐40/I‐240 south of Asheville by addressing (1) existing and projected
roadway capacity deficiencies, and (2) insufficient pavement structure and deteriorating
existing road surface conditions.
Detailed Study Alternatives
The following three (3) Build Alternatives were studied in the DEIS for this project
(Attachments 12-21):
• Build Alternative 1: 6-Lane Widening. The 6-Lane Alternative would widen
I-26 to three lanes in each direction from US 25 to I-40/I-240.
• Build Alternative 2: 8-Lane Widening. The 8-Lane Alternative would widen
I-26 to four lanes in each direction from US 25 to I-40/I-240.
• Build Alternative 3: Hybrid 6/8-Lane Widening. The Hybrid 6/8-Lane
Alternative would widen I-26 to three lanes in each direction between US 25 and
the US 25 (Asheville Highway) interchange and widen I-26 to four lanes in each
direction from the US 25 (Asheville Highway) to the I-40/I-240 interchange.
As detailed in the FHWA DEIS for this project, although all of the Build Alternatives
would reduce congestion and improve pavement structure, the 8‐Lane Widening
Alternative and Hybrid 6/8‐Lane Widening Alternative would both achieve an overall
LOS D in the design year for all freeway segments in the PSA; the 6‐Lane Widening
Alternative would not provide an overall LOS D.
In addition to the three Build 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 the subject project included. The FHWA and NCDOT determined
that the No-Build Alternative would not meet the project’s purposes.
Because the columns supporting the deck of the Blue Ridge Parkway Bridge over I-26
are spaced in such a way that they do not accommodate widening of the I-26 facility
under any of the three (3) Build Alternatives, NCDOT and FHWA propose to replace the
bridge as part of this project. NCDOT and FHWA have coordinated with the National
Park Service (NPS) in the development and evaluation of bridge replacement options.
Four (4) options (Attachment 22) for realigning the parkway in conjunction with
replacing the existing bridge were investigated in detail. Replacing the bridge on new
alignment south of the current structure (Option 4), was identified as NPS’s Preferred
Option.
The US 25 (Asheville Highway) interchange with I-26 was determined to have
operational issues in the design year (2040) under the No-Build Alternative. In addition,
the 8-Lane Widening Alternative in the base year (2011) and the 6-Lane Widening
Alternative in the design year (2040) had operational deficiencies at the southern ramp
termini where lanes would be added to or dropped from the existing system at the US 25
(Asheville Highway) interchange. Four alternative interchange designs were developed
and evaluated to address these issues. The partial cloverleaf design with a 231-foot loop
radius was recommended for further study in combination with the three I-26 widening
Build Alternatives.
Impacts to waters of the U.S. for each of the three (3) Build Alternatives that were
studied in detail in the DEIS are listed below. These impact estimates were calculated
based on functional slope stake limits plus 40 feet.

Table 1. Stream and Wetland Impacts by Build Alternative
(source – August 2016 FHWA DEIS)
Build Alternative
Stream
Impacts*
(linear feet)
Wetland Impacts* (acres)
6-Lane Widening 21,597 4.8
8-Lane Widening 27,241 8.0
Hybrid 6/8-Lane
Widening 24,650 7.7
*Impacts are based on functional slope stake limits plus 40 feet.
All of the Build Alternatives would have less than 0.1 acre impact to ponds in the PSA.
Based on the information available to date, including the information contained in the
Draft EIS, the FHWA and NCDOT have identified the Hybrid 6/8‐Lane Widening
Alternative as the Preferred Alternative. This alternative would widen I‐26 to three lanes
in each direction between US 25 and the US 25 (Asheville Highway) interchange and
widen I‐26 to four lanes in each direction from the US 25 (Asheville Highway) to the
I‐40/I‐240 interchange. The US 25 (Asheville Highway) partial cloverleaf interchange is
a component of the Preferred Alternative. Additionally, the Blue Ridge Parkway would
be realigned and the bridge carrying it over I‐26 would be replaced as part of this project.
After the Draft EIS comment period ends, the FHWA and NCDOT will review agency
and public comments received, and comments resulting from the public hearing, to
reassess and/or reconfirm selection of the Preferred Alternative.
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 requesting concurrence with these determinations from
the North Carolina Historic Preservation Office (HPO). Additionally, if and when
necessary, adverse effects to historic resources will be resolved through execution of a
memorandum of agreement.
Architectural Resources
Nine resources within the PSA were found to be either listed on the National Register of
Historic Places (NRHP) or were considered eligible for listing. The alternatives may
require right of way from some of the resources. At meetings on May 19, 2015, and April
26, 2016, representatives of the NCDOT, FHWA, and HPO reached concurrence on the
effects of the proposed alternatives on these resources.

Table 2. Historic Architecture Assessment of Effects
(source – August 2016 FHWA DEIS)
Property
and Status
Widening
Alternative Effect Finding Reasons
McMurray
House
(Windy Hill)
(HN1904)
DE-Criterion
C
6-Lane &
Hybrid 6/8
Lane
No Adverse
Effect
Access road along west side of property will be
temporarily closed during construction, but does not
impact access to the house.
8-Lane
No Adverse
Effect with
commitments
**4(f)
de minimis
Access road along west side will be permanently closed
and requires removal of a row of recently planted trees.
Noise at the structure predicted to increase by 5
decibels. Access to the house will not be impacted.
NCDOT will contact the property owner to discuss
replanting trees and noise abatement measures such as
storm windows or insulation.
Camp Orr
(Camp
Pinewood)
(HN1905)
DE-Criteria
A&C
6-Lane, 8-
Lane, &
Hybrid 6/8
Lane
No Adverse
Effect **4(f) de
minimis
Some small sections of new right of way required on
east side of interstate to accommodate cut and fill slopes
and the control of access fencing will be relocated as
needed in these areas. Requires some tree removal
along length of property that borders interstate. Some
fill impacts to wetlands adjacent to historic property,
but within NCDOT existing ROW. Does not impact
contributing resource.
Sholtz-
Cantrell
Estate
(HN0059)
DE-Criterion
A
6-Lane, 8-
Lane, &
Hybrid 6/8
Lane
No Effect
No construction work within property boundary.
Viewshed from house will not be impacted.
Hyder Dairy
Farm
(HN1906)
DE-Criteria
A&C
6-Lane, 8-
Lane, &
Hybrid 6/8
Lane
No Adverse
Effect **4(f) de
minimis
Some small sections of new ROW required on both
sides of interstate to accommodate cut and fill slopes
and the Control of Access fencing will be relocated as
needed in these areas. Requires minimal tree removal
along length of property that borders interstate. Does
not impact contributing resources. Viewshed from
house will not be impacted.
Mountain
Sanitarium
(HN1907)
DE-Criteria
A&C
6-Lane, 8-
Lane, &
Hybrid 6/8
Lane
No Effect No construction work within property boundary.
Rugby
Grange
(HN0042)
NR-Criteria
A&C
6-Lane, 8-
Lane, &
Hybrid 6/8
Lane
No Effect
No construction work within property boundary. Some
fill impacts to wetlands adjacent to historic property,
but within NCDOT existing ROW. Viewshed from
house will not be impacted.
Cureton
House
(HN1912)
DE-Criterion
C
6-Lane, 8-
Lane, &
Hybrid 6/8
Lane
Adverse Effect
Tree clearing adjacent to the property will constitute an
adverse visual effect to the property’s setting. Further,
an expected 3 decibel noise increase, resulting in a 68
db(A) noise level in all build alternatives, will constitute
an adverse audible effect.

Table 2. Historic Architecture Assessment of Effects
(source – August 2016 FHWA DEIS)
Property
and Status
Widening
Alternative Effect Finding Reasons
Blue Ridge
Parkway
(NC0001)
DE-Criteria
A&C
6-Lane, 8-
Lane, &
Hybrid 6/8
Lane
Adverse Effect
**4(f)
Bridge carrying Blue Ridge Parkway over I-26 will be
demolished and replaced with a new structure
developed in collaboration with Eastern Federal Lands,
Blue Ridge Parkway, NCDOT, NC-HPO, and FHWA.
Biltmore
Estate
(BN0004)
NR-Criteria
A,B,C,&D
National
Historic
Landmark
6-Lane, 8-
Lane, &
Hybrid 6/8
Lane
No Adverse
Effect **4(f) de
minimis
Some small sections of new ROW required to
accommodate cut and fill slopes and the Control of
Access fencing will be relocated as needed in these
areas. Requires minimal tree removal along length of
property that borders interstate. Some fill impacts to
wetlands adjacent to historic property, but within
NCDOT existing ROW. Does not impact contributing
resources.
**FHWA is using the HPO’s concurrence as a basis for a “de minimis” finding for the following properties, pursuant to Section 4(f):
1. McMurray House (Windy Hill) (HN1904)
2. Camp Orr (Camp Pinewood) (HN1905)
3. Hyder Dairy Farm (HN1906)
4. Biltmore Estate (BN0004)
Section 4(f) of the Department of Transportation Act of 1966
Section 4(f) provides protection to historic properties, public parks, and recreation areas.
All Build Alternatives would result in the Section 4(f) use of the Biltmore Estate, Hyder
Dairy Farm, Camp Orr, Blue Ridge Parkway, and the Mountains to Sea Trail (MST).
The 8-Lane Widening Alternative would also result in the Section 4(f) use of the
McMurray House. Through consultation with the officials with jurisdiction it was
determined that the minor use of the Biltmore Estate, Hyder Dairy Farm, Camp Orr,
McMurray House and Mountains to Sea Trail would result in a de minimis impact.
NCDOT and FHWA will continue to coordinate with the NPS regarding the Blue Ridge
Parkway realignment and bridge replacement.
Archaeological Resources
In a letter dated November 18, 2014, the HPO provided concurrence that no additional
archaeological survey work is required for the subject project. In a memorandum from
the NPS’s Blue Ridge Parkway archaeologist, dated July 22, 2015, it is noted that a
pedestrian survey of the Blue Ridge Parkway Bridge replacement Area of Potential Effect
(APE) was completed by the NPS. Review of known archaeological sites from the North
Carolina Office of State Archaeology (OSA) and the NPS Archaeological Site
Management Information System (ASMIS) resulted in the determination that no known
sites would be impacted by the proposed bridge replacement and realignment of the
parkway.

Endangered Species
The FHWA is the lead federal agency for this project and is the federal agency
responsible for making determinations and requesting concurrence with these
determinations from the U.S. Fish and Wildlife Service, in accordance with Section
7(a)(2) of the Endangered Species Act (ESA). The following table contains the federally
listed threatened and endangered species for Buncombe and Henderson Counties. It also
includes the FHWA’s determinations of effect to these species that would result from
implementation of the Build Alternatives.

Table 3. Federally-listed Threatened and Endangered Species in Henderson
and Buncombe Counties
(source – August 2016 FHWA DEIS)
Scientific Name Common Name Federal
Status
Habitat
Present County Biological
Conclusion
Alasmidonta
raveneliana Appalachian elktoe1 E Yes
Buncombe1
and
Henderson
No Effect
Epioblasma florentina
walkeri (= E. walker) Tan riffleshell1 E Yes Buncombe No Effect
Erimonax monachus Spotfin chub
(=turquoise shiner) 1 T No Buncombe1 No Effect
Geum radiatum Spreading avens E No Buncombe No Effect
Glaucomys sabrinus
coloratus
Carolina northern
flying squirrel E No
Buncombe
and
Henderson
No Effect
Glyptemys
muhlenbergii Bog Turtle T(S/A) Yes
Buncombe
and
Henderson
Not Required2
Gymnoderma lineare Rock gnome lichen E No Buncombe No Effect
Helonias bullata Swamp pink T Yes Henderson No Effect
Isotria medeoloides Small whorled pogonia T Yes Henderson No Effect
Microhexura montivaga Spruce fir moss spider E No Buncombe No Effect
Myotis grisescens Gray bat E Yes Buncombe No Effect
Myotis septentrionalis Northern long-eared bat T Yes
Buncombe
and
Henderson
May Affect Not
Likely to
Adversely
Affect
Sagittaria fasciculata Bunched arrowhead1 E Yes Henderson No Effect
Sarracenia rubra ssp.
jonesii
Mountain sweet pitcher
plant1 E Yes Henderson No Effect
Sisyrinchium
dichotomum White irisette E Yes Henderson No Effect

Table 3. Federally-listed Threatened and Endangered Species in Henderson
and Buncombe Counties
(source – August 2016 FHWA DEIS)
Scientific Name Common Name Federal
Status
Habitat
Present County Biological
Conclusion
Spirea virginiana Virginia spiraea1 T Yes Buncombe1 No Effect
E – Endangered
T – Threatened
T(S/A) – Threatened due to similarity of appearance
1Historic record (the species was last observed in the county more than 50 years ago)
2Species listed as T(S/A) are not biologically endangered or threatened and are not subject to Section 7
consultation and therefore no Biological Conclusion is required.
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.
Compensatory Mitigation
The purpose of compensatory mitigation is to offset unavoidable functional losses to the
aquatic environment resulting from project impacts to waters of the U.S. According to the
applicant, NCDOT has attempted to avoid impacts to streams and wetlands during
development of the preliminary functional designs for the Build Alternatives. This
included developing alignments and interchange configurations for the Build Alternatives
that avoided these resources as much as possible, while also minimizing impacts to other
resources. NCDOT has also tried to minimize the total impacts to these resources by
considering bridges instead of culverts over some of the larger streams and bridges over
some of the larger and high quality wetlands. NCDOT will continue to seek ways to
avoid and minimize impacts in further design efforts of the selected alternative and will
investigate potential on-site stream and wetland mitigation opportunities for the selected
alternative. If on-site mitigation is not feasible, mitigation will be provided by the North
Carolina Division of Mitigation Services (NCDMS, formerly known as the Ecosystem
Enhancement Program or EEP).
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 select the least environmentally damaging practicable alternative
(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 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.
NCDOT will hold a public hearing on this project on Thursday, October 13, beginning
with an open house from 4:00 to 6:30 p.m., followed by a formal presentation at
7:00 p.m. at the Biltmore Baptist Church, 35 Clayton Road in Arden, Buncombe County.
The purpose of this hearing is to provide information about the project and receive public
input. Interested individuals may attend the pre-hearing open house at any time during the
above hours.
NCDOT representatives will display maps and be available to answer questions and
receive comments. Written comments can be submitted at the meeting or later by
November 14, 2016. The formal presentation at 7:00 pm will include an explanation of
the location and design of each widening alternative, the state-federal funding
relationship and right of way procedures. The presentation and comments received will
be recorded and included in the alternative selection and design process. The Corps will
receive a summary of the public comments.
Written comments pertinent to the proposed work will be received by the Corps of
Engineers, Wilmington District, until 5pm, October 21, 2016. Written comments should
be submitted to Ms. Lori Beckwith, US Army Corps of Engineers, Asheville Regulatory
Field Office, 151 Patton Avenue, Room 208, Asheville, NC 28801-5006, telephone 828-
271-7980. Written comments can also be submitted by email to
loretta.a.beckwith@usace.army.mil