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HomeMy WebLinkAbout19990174 Ver 1_Complete File_20020812E A SWCp? a?.w STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR July 31, 2002 Mr. Michael Bell Regulatory Project Manager, NCDOT Coordinator Wilmington District, Corps of Engineers PO Box 1890 Wilmington, NC 28402-1890 Dear Mr. Bell: LYNDo TIPPETT SECRETARY 220 w, J?Wcr/ ANDS 7;; ?Up "J Subject: Action ID. 199000910, US 17, New Bern Bypass, Craven County, State Project 6.179001T, TIP ID. No. R-2301 In March 1999, the Section 404/NEPA Merger Team concurred with the avoidance and minimization efforts (Concurrence Point # 4) for the subject project. The following members comprised the merger team at that time: Mr. Michael Bell Mr. John Wadsworth Mr. Ron Elmore Mr. Ron Sechler Ms. Kathy Matthews Mr. Tom McCartney Ms. Renee Gledhill-Earley Ms. Katie West Mr. John Hennessy Mr. David Cox Mr. Scott Jones Corps of Engineers Federal Highway Administration NCDOT, Project Development and Environmental Analysis Branch National Marines Fisheries Service US Environmental Protection Agency US Fish and Wildlife Service State Historic Preservation Office NC Division of Marine Fisheries NC Division of Water Quality NC Wildlife Resources Commission NC Division of Coastal Management In a meeting on September 10, 2001, residents and property owners of the Tuscarora-Rhems community [located along Tuscarora-Rhems Road (SR 1224) near the southern terminus of the projects requested the NCDOT consider realigning the proposed New Bern Bypass to reduce impacts to their properties. The preliminary design for the original alignment (see enclosed map) shows Tuscarora-Rhems Road grade-separated MAILING ADDRESS: TELEPHONE: 919-733-3141 LOCATION: NC DEPARTMENT OF TRANSPORTATION FAX: 919-733-9794 TRANSPORTATION BUILDING PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET 1548 MAIL SERVICE CENTER WEBSITE. WWW.DOH.DOT.STATE.NC.US RALEIGH NC RALEIGH NC 27699-1548 Mr. Michael Bell July 31, 2002 Page 2 over the proposed New Bern Bypass just east of the community. The proposed Bypass would not relocate any homes in the area, but the embankment for the grade separation would be in close proximity to the front side of the homes along Tuscarora-Rhems Road. The preliminary design also bisects several large, predominantly undeveloped tracts of property north of Tuscarora-Rhems Road. Access to these tracts is currently provided by easement from US 17 to the east. The preliminary design includes a service road from Tuscarora-Rhems Road along the west side of the proposed Bypass to provide access to the isolated properties. A realignment to reduce the impacts was evaluated. The preliminary design for the realignment (also shown on the enclosed map) would shift the proposed Bypass to the west of the community, grade separate Tuscarora-Rhems Road over the proposed Bypass, and cross the western edges of the undeveloped properties. A service road would not be necessary for the realignment. The properties isolated by the realignment would be treated as uneconomic remnants, and the remnants would be acquired by NCDOT if the property owners are willing sellers. The original alignment and the requested realignment were presented at the Design Public Hearing for the New Bern Bypass held on September 25, 2001. The Tuscarora-Rhems residents and the property owners attending the design hearing overwhelmingly supported the realignment. The wetland impacts for the New Bern Bypass from US 17 south of New Bern to US 17 north of New Bern are estimated to be 31.5 acres for the original preliminary design. The wetland impacts from US 17 near the Jones-Craven County Line to US 70 (R-2301A) are estimated to be approximately 19.5 acres for the main line and 2.1 acres for the service road north of Tuscarora-Rhems Road for a total of 21.6 acres. The wetland impacts for the realignment for the R-2301 A portion of the project are estimated to be approximately 24.4 acres. The realignment in the vicinity of Tuscarora-Rhems Road will impact approximately 2.8 acres more wetlands than the original alignment. The predominant wetlands in this area are classified as wet pine flats. It should be noted the increase in wetland impacts in this area could be offset by the opportunity to develop on-site mitigation in some of the uneconomic remnants north of Tuscarora-Rhems Road. The table on the following page gives a comparison of the estimated costs and wetland impacts in the vicinity of Tuscarora-Rhems Road. Mr. Michael Bell July 31, 2002 Page 3 R-2301 A* NEW BERN BYPASS Original Alignment With Service Road Realignment No Service Road Construction Cost _ $18,500,000 $17,900,000 Right of Way Cost _ $ 643,000 $ 514,000 Total Cost $19,143,000 $18,414,000 Wetland Impacts 7.0 acres 9.8 acres * The Limits of the Alternatives Are From Station 11+60 to Station 60+20 By copy of this letter, the NCDOT is requesting concurrence from the Section 404/NEPA Merger Team in proceeding with the realignment of the proposed Bypass in the vicinity of Tuscarora-Rhems Road as requested by the community and property owners. Please contact Mr. Michael Bell, Corps of Engineers, by telephone or e-mail with your comments on the realignment. If you have any questions or need additional information, please contact Mr. Ron Elmore, Project Development Engineer, at (919) 733-7844 extension 267 or at relmore(c-i)dot.state. nc.us. Sincerely, Q'Y(. ??mezv L. Gail Grimes, P.E. Assistant Manager Project Development and Environmental Analysis Branch LGG/re Enclosure Copies Furnished To: Mr. Doug Huggett Division of Coastal Management 1638 Mail Service Center Raleigh, NC 27699-1638 Ms. Cathy Brittingham Division of Coastal Management 1638 Mail Service Center Raleigh, NC 27699-1638 Mr. Ron Sechler Habitat Conservation Service National Marine Fisheries 101 Pivers Island Road Beaufort, NC 28516 Mr. Howard Hall Fish and Wildlife Enhancement US Fish and Wildlife Service Post Office Box 33726 Raleigh, NC 27636-3726 Mr. Ted Bisterfield Office of Environmental Assessment US Environmental Protection Agency 61 Forsyth Street, SW Atlanta, GA 30303 Ms. Kathy Matthews Office of Environmental Assessment US Environmental Protection Agency 61 Forsyth Street, SW Atlanta, GA 30303 Mr. Chris Militscher Office of Environmental Assessment US Environmental Protection Agency 310 New Bern Avenue, Room 206 Raleigh, NC 27601 Mr. David Cox Habitat Conservation Program North Carolina Wildlife Resources Commission 1142 I-85 Service Road Creedmoor, NC 27522 Mr. John Hennessy 401 Water Quality Certification Unit NCDENR-DWQ 1621 Mail Service Center Raleigh, NC 27699-1621 Mr. Nicholas L. Graf Division Administrator Federal Highway Administration 310 New Bern Avenue, Suite 410 Raleigh, NC 27601 Ms. Sara Winslow North Carolina Division of Marine Fisheries 1367 US 17 South Elizabeth City, NC 27909 Ms. Renee Geldhill-Earley State Historic Preservation Officer Department of Cultural Resources 4617 Mail Service Center Raleigh, NC 27699-4617 i b1rjY. -1.3' 03(THU) 13:51 DEHNR COSTAL NNIT TEL:919 733 1195 P. 002 Siva. or Nown I CAROLINA DEPARTMENT OF TRANSPOK ATION 11{IVl lit. I ?I? Itl I-?I'.i "It "'?"III V0. 110X15101, IZALLMI L N.C. 27n11 %!01 Juste 5, 1995 ,Mr. G. Wayne Wright Chier, Regulatory Branch Army Corps of Enginecrs Wilmington Field Office Post office Box 1890 Williiinl;ton, North Carolina 28402-1890 Dear Mr. Wright: -1-bank you for your recent letter in wliicli you stated your intent to issue tr permit for tlic Neuse River Bridge subject to its mitigation being made apart ora future mitigation site for the New Bcm Bypass (R-2301). We appreciate your willingness to agree to a combincd mitigatidn proposal in order for the Neuse River t3ridge to be Ict on schedule. At your rcyuesL, I hereby commit the Department oC'Cransportation to complete cnr?slrtictioll tlf Ilse mitigation site for B-2531 and R-2301, and condLICt monitoring until rcasmiablc success is demonstrated, prior to beginning construction on any segnicul ol'the New t3ern pass (R-2301). .by Wt: hope this eolilmitment will be sufficient for the permil to be issued. Sincerely, r Sang 1-lunt SI I/lil'v cc: 1..arry R. Goode, PhD., P.E., Slate fIighway Administrator MAY. -1,5' 03 (THU) 13:5? :1 ,. REPLY10 ATTgNTMN OF [regulatory Branch TEL:919 733 1495 DEPARTMENT OF THE ARMY MIM y WILMINGTON DISTRICT, CORPS of ENGINEERP.q. Box lean • wu un.rnrnu IJhOTU rAMni WA •1nera.1©40 May 26, 1995 Mr. H. Franklin Vick, P.E., Manager Planning and Environmental Branch N.C. Department of Transportation P.O. Box 25201 Raleigh, North Carolina 27611-5201 Dear Mr. Vick:. Reference our discussions the mitigation for the Section River Bridge at New Bern, North ?5 C E I ; Q, JOY 3 1;.1995 DNISICN OF ?$ HIGHWAYS FN P. 003 ri •'i, ( .5 0" J' l at our monthly meetings regarding 404 permit for the U.S. 17, Neuse Carolina. It is our understanding that the N.C. Department of Transportation has proposed that the mitigation for the referenced project, currently being considered for section 404 permitting, be postponed at the present time and that it be provided as a portion of a larger mitigation proposal for the future permit application for the U.S. 17 Bypass around.New Bern. .Lt is also our understanding that the mitigation package for the two projects will be developed by the N.C. Division of coastal "anagement to maximize the benefits of providing a single large, possibly multifunctional, mitigation proposal rather than two separate unrelated smaller projects. We have agreed, and the review agencies at the monthly meetings have not objected, to condition any permit issued for the Neuse River Bridge at New Bern to require that specific acreages and types of mitigation be provided for this project from a future mitigation site for the future U.S. 17 Bypass,of New Bern. -We have also agreed that the mitigation to cover both of these two projects must be in place prior to any construction beginning on oither•segment of the U.S. 17 Bypass of New Barn. We understand that NCDOT has agreed with this requirement. To confirm this agreement, we will need a letter of commitment froin the Secretary of the Department of Transportation stating that you have agreed to no construction on either segment of the U.S. 17 New Bern Bypass until the entire mitigation site is constructed and monitoring has shown probable success. lie must have this latter prior to issuance of the permit for the current U.S. 17 Bridge at•New Bern. DEHNR COSTAL MGMT MAY. -1'S' 03(THU) 13:52 DEHNR COSTAL MGMT TEL:919 733 1493 P. 004 -z- A condition would be written for the U.S. 17 Bypass of New Bern permit which•would require that the entire mitigation "bank." be in place in accordance with a detailed mitigation plan prior to any construction 'occurring on the Bypass project. The detailed mitigation plan for the "bank'' would have to be. furnished, approved, implemented, and monitored for at least one complete year prior to issuance of the Bypass permit. If there ara`any questions regarding this matter, please contact mc, telephone (910) 251-4630. sincerely, G. Wayne Wright Chief, Regulatory Branch i ? ; D1A?f. -15' 03 (THU) 13:52 DEHNR COSTAL 6i W TEL:919 133 1 495 P. 005 'Ra: t1.2551/R-2301 Draft Meeting Minutes Subject: Re: B-2531/R•2301 Draft Meeting Minutes Date: Tue, 24 Apr 200111:52:29 -0400 From: Cathy Brittingham <Cathy.Brittingham@ncmail.net> Organization: NC DENR DCM To: Alice Gordon <agordon@dot.state.nc.us> CC: Doug Huggett <Doug.Huggett@ncmail,net>, bill arrington <bill,arrington@ncmail.net>, Kelly Williams <Kelly.Williams@nemail.net>, Scott Jones <Scottrones@ncniail.ne> Alice, Attached are compiled DCM edits on the draft March 9, 2001 meeting minutes. I am very sorry for the delay in getting you these comments. 'T'hanks for doing an excellent job of preparing the draft of the meeting minutes. Please let me. know if you have any questions or concerns about the attached edits. Please note that DCM has suggested within our edits to include the following attachements to the final meeting minutes, in addition to the ones you had already included: • sign-in sheet • February 12, 2001 DCM letter • June 5, 1995 letter of commitment from Stun Hunt to Wayne Wright We look forward to receiving the final meeting notes once you have received comments from all parties. Sincerely, Cathy Alice Gordon wrote: Here is a DRAFT of the meeting notes. I have also incorporated (and cited) a few subsequent e-mails. Please provide your comments. When I have heard yea or nay from all parties T will put out the final meeting notes. Ideally these minutes should accurately reflect the position of all parties. The final meeting notes will include all of the attachments referenced in this draft version. Thanks for your help and input on these issues, Let me know if you have any questions. Alice Gordon Name: Mar 9, 2001 Meeting Notes.doc Mar 9, 21001 Meeting Notes.doc Type: WINWORD File (application/msword) Encoding: base64 Download Status: Not downloaded with message Cathy Brittingham 'HAY. -13' 03 (THU) 13:52 DEHNR COSTAL RNIT TEL:919 733 1493 P. 006 Re: 13-253ViR-2301 Druft Meeting Min= Transportation Project Coordinator NC Division of Coastal Management 1638 Mail Service Center Raleigh, NC 27699-1638 (919) 733-2293 X238 phone (919) 733-1495 FAX Name: B-2531 Mar 9, 2001 DCM edits.doc k 13-2531 Mar 9, 2001 DCM edits.doc Type: WlNTVORD File (application/msword)' Encoding: base64 I^- tiIAY. -15' 03 (THU) 13:53 DEHNR COSTAL 0V TEL:919 733 1195 _ P, 007 , ?.vntl• t1. STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION NhcHAEL F. EASLEY LYNAQ TIPPErr GOVERNOR S6CRUARY DRAFT Seetiot0hi Interagency Meeting Mitigation for R-2301 and B-2531 March 9, 2001 NANUTES Replacement of Bridge No. 28 on US 17 over the Neuse River and the widening of Bridges Nos. 83 and 84 on US 70 Bypass over the Trent River in New Bern, and the Now Bern Bypass Craven County, North Carolina T.I.P. Project No. R-2301 & B-2531 State Project No. S.1170801 Federal-Aid Project No. MAF-36.1(33) .1 QA f f A Sect+en- II- M"-r-Interagency Meeting was held on March 9, 2001 in the NCDOT PD & EA Brunch Conference Room at the Transportation Building. The Building The purpose of the meeting was to respend-to4att-e?-frerfrDC-m fit. 71-11%q FIT.It?oM CM) regarding star N R= Cl" November 17, 2000 request for a permit modification The Agenda for this meeting is attached to these nunutes. Introductions were made for all attendees and a si min sheet was passed around. SUMMARY OF ACTIONS; (Alice, I reorganized these chronologically) Y The USACE, USFWS, and DWQ need to submit comments on Sawmill Mitigation Plan to NCDOT. 1 777- a Sawmill Mitigation Plan tt ill +WItt '11L III ?j tt I1tiiril ot1Ftiwill be revised b NCDOT to reflect comments 40 1 61 it I tt ltftx,?` v o Croatan MIgI needs to be revised OMIT. j.?.rlf?tTt 1 11 1uY i1t1 t i' L .e r P 14AILINQ ADDRESS: NO D9PARTM1NTOF TFANUPORTAT01 PD&EA 1640 MAIL SERVICE CENTER RALCUHNO 2700.1EAO TELEPHONZ: 616-733.3141 FAX: 0111-733-0764 WrMITE. WAW.RON.OOT.STATE,Naua LOCATION: TfuwPORTATION 11]=N3 1 SOUTH W13W4QT0N8TREE7 R4LEmH NO MAY. -15' 03 (THU) 13:53 OEHNR COSTAL RNIT 2 TEL:919 733 1193 P. 008 "' T '?-' -.' ?co t tii1 4 lYlth'tfle lf.. ?.r aFZt 1111(1 ;itlRll>J1 h11h't111k11,?1F .l i iltrOfl bid s:ln r1F.' t . IfPpRY6 #emAnatrpxecl;'t'ith?x.Rric?t',t4.pc?it1111ng;CAjllCilG1Ai1.AR''AtiY• scgnient ul't,he New X3. e11 l3ypasS 'ra;ject.(ar. any other Pirotea><41t1k.F?lti il???, xhe satna gr.S til?lr }u?c#se urtd.necc??_or willrjn one_Ypuol` lhe.exiliititin (!rite oi'.Xlls i?ek111it, ?khi'ch` e ` nm g fi t`; NGD&T most-show-ntflnitor:iug-sueeess "'teriti-t'er l ongycl, wmnill-arsd-6reatan-l?efore?-230' `?? Ow j -Byp s) Met . The agencies agreed to consider looking at a site after 3 years of monitoring to determine if it appears reasonably successful. o SAV and temporary construction site surveys need to be updated this summer, o NCDOT should wise R-2301 let date. crF;r l r rrtiiilGrali ,a tai this tahlc tla ,, 'fit , -fi. ), na'rjy rlv (ot altar} or a t trdi? nke f p ima G'u F ifrtdt'istR{cdiiF 'tlrnt till table irFclr}deii.in (40111imFre .n'as.lr?. l?0.ljNsed on,tlrp et4ble fllFl}/'?p(l jl} 111 ,0. IItstler, bFFt'reviaorl i}jitlF the irFf?S r_-kof 4100}rFi?t?pii.aitd Table 1. Update on the Impacts and Y _ Wetland Type 'P 4F+ wNti w Impact (ac) .aw Mitigation (ac) Mitigation Site Status of Mitigation Plan % Built Intertidal Marsh 0.78 1.56 Len el Done 100 Bay Forest 11,81 23.62 Croatan (1250 May 2001• Naturalized Ditches 0.27 Sawmill Dec. 2000 Naturalized Scrub-shrub 1.20 Sawmill Dec.2000 Coastal Wetlands 0.017 0.034 Lengyel Done 100 Total 14.077 28.854 1. At a 2:1 ratio for restoration. 2. There is an excess of 4.98 acres of marsh restoration; 5.25 acres brackish marsh preservation and 0.85W upland buffer available at the Lengyel site. 3. 1.54 acres Brackish Marsh and 2.10 acres Cypress-Gum Swamp. 4. Mitigation Plan v©mplew _ 10!19100; MBI to be signed May 2001. t,J ? i Review or February 12, 2001 transmittal from 17C? M?DOhe Febru 12, 2001 letter was reviewed and copies passed out. ; -1PM(aiat i le'L +M1 ,? The monies requested in that letter were hand delivered to Cathy Brittingham by Alice Gordon, In addition, a check for $200 and seven copies of the MAY. -15' 03 MU) 13:54 DEHNR COSTAL MGM TEL:919 733 14195 P. 009 3 modification request was hand delivered to John Hennessy for processing the Section 401 application per the request of the DWQ. SA'V Summary: Bruce Ellis presented a status report on the on-going SAV monitoring at the New Bern Bridge location. Copies of the SAV monitoring reports were distributed to the agencies. A copy of the report is attached to these meeting minutes, P11 ,. !'l 7.` I."--'I?^?y f••]_r ?1.4-Ty •y--i YI 1. Aj-- NF1? ?v).?11 -I1?1I F14?Gl A4i y?1G}}'-I1G"•Fat?FLj? r..? f t ? t? Bruce said c?]11111ttSll.4Y t.G1P l.ils f?T l???l?`, st3J?l?,_l?'Jt>a 5.ljghl.ilZd1' Se lllfW1r lgp_Y-PAR ., that he would be doin additional monitoring in June/earlyJuly of 2001, }. i? ?' xh Bruce Deal-1F wtxIr? {e (? ri ttra .?a'•pn:ssn. ry o• noted that there , Tg6?P i?T ?w pssl?le explurt k?orlq for tfie }'e E1a11.91)?I1.:kt ?? E 1E? ?} I _ _ t?pflssibly-ba a system wide decline in SAV O ulatl0na +rL 4p ' ? .+YYM1:7Y "?ti` .r1 XIN ] 1 a' -, '? 1w Q?W K'N ?I 'F M 0 . ?Ap surveys 111'e complete tpyttgse?s [nlttg;tttol?' ? iai?crn4i?1 E'cT?p??suteytA ,S ,?Pr S .tls?nutu(:ed_?ujl?i lllis„PFCU(*r,;.u_ ,zcoi ??1111 " ' and requested that we fl.. coordinate with the NCDMF and the National Marine Fisheries (NMFS) on this item. TemPnrary Work Bridge Site Recovery: Bruce Ellis presented a status sum.mary about the recovery of the sites that were affected by the temporary work bridges, David Cox (WRC) asked what species were now growing 311 the recovery areas since invasive species like phragmites would not be appropriate. Bruce responded that no phragmites was observed and that the dominant species seemed to be Spartina sp. David Cox suggested that we ° t ?>? do some stem counts at the temporary construction access areas and if invasive species are noted then the NCDOT may need to do some remedial planting. Bruce stated that he will update the vegetation analysis of the recovery sites this summer. Photographs of the recovery sites were passed around. David Cox noted that on Photo 4 there was a bare area that will need to be looked at in detail. Bruce noted that the photograph was taken just after the work-bridge had been removed and that the site would not be expected to show recovery at the time of the photo ?t [irli We will produce an updated report with special emphasis on the site in Photo 4 following the field up-date this summer. This discussion concluded the answers to the questions from DCM in their February 12, 2001 letter. Alice Gordon asked the DCM if the items in their February 12, 2001 letter had been addressed or if additional discussion was needed. Cathy Brittingham stated that all of the items had been sueeess€ully-addressed. The discussion then proceeded to a discussion of the Sawmill, Lengyel, and Croatan mitigation sites. This was followed by a discussion of the Mitigation Site Schedule and the New Bern Bypass t i Snwmlll Mitlgttf'on S te: Ed Lewis coordinated the discussion of the Sawmill Mitigation Plan which followed the items as presented in the letter to NCDOT (Bill Gilmore) from DCM (Kelly Williams) dated February 9, 2001. A copy of the letter is attached to these meeting minutes. NAY. -1'S' 03 MU) 13:54 UEHNR COSTAL UNIT TEL:919 133 1495 P. 010 4 1. Co e : "The community type restoration and creation that NCDOT has proposed to perform at this site is acceptable as mitigation for some of the impacts incurred from the Netwe River bridge construction. These impacts were most recently described in your November 17, 2000 letter. The impacts to be mitigated at the Sawmill site were to "naturalized ditches" and "naturalized scrub-shrub wetlands." The Sawmill site is mapped as salt/brackish marsh restoration on RCM's wetland restoration type GIS data. Incorporating additional marsh creation as well as tidal cypress gum swamp creation will increase the diversity of wetland habitats at the site. 1 am pleased that the site is located in close proximity to the project and that upland areas will be preserved to protect and buffer the wetland areas." Discussion: Ed Lewis stated that we 20 concur with the statement. 2, Comment: "A planting plan with a specific list of species to be planted ill the tidal cypress-gum s vanip creation area must be included in the mitigation plan prior to its approval:" Discussion: The basis of DCM's request is to insure that cypress and gum species were included in the planting plan. The DCM has agreed that a plant list will not have to be submitted prior to plan approval. It will be provided in the As-Built report. In addition the DCM requested that the species of gum be appropriate as described in the following excerpt from an e-mail dated February 15, 2001 from Kelly Williams to Byron Moore (NCDOT): "Also note that Nyssa aquatica and Nyssa sylvatica var, biflora can have differing salinity tolerances. i urge you to consider the gum species found in the vicinity of the site, the source of your plants, and the salinity of the water the trees will be exposed to prior to planting the site to ensure the highest level of success in this area. Indeed, if you revise the Sawmill plan and resubmit it, please include a list of species present at RFE site (an appendix with a site report summary may be appropriate)," 3. Comment: "The hydrologic success criteria for the swamp and the marsh areas are acceptable though they are not ideal. 1 would expect the site to exhibit hydrologic characteristics specific to the community types being restored and created. Such characteristics would include a certain flooding frequency, duration, tidal influence and depth of flooding. In the future, reference hydrology data should be used to determine hydrologic success criteria when available. The data gathered at reference sites for this project will be valuable although it does not appear you will use them as success criteria." Discussion: A discussion of the h dralogic success criteria resulted in the agencies agreeing that we pia a l i should use a 25% success criterion for the Sawmill Site. If there was a year that did not show 25% success, then we could use the hydrological characteristics of the reference system to measure success. The reference ecosystem approved for the Sawmill site is MAY. -15' 03 [THU) 13:54 OEHNR COSTAL RN1T TEL:919 733 1495 P. 011 5 located nearby in the same watershed and is a tidal swamp. Consequently, the hydrological success criteria to be used for the Sawmill site was agreed to be 25% inundation. Sehed e: Cathy Brittingham asked how we EMU ivof doing in meetin the planting schedule for this year. Ed Lewis responded that wa will miss the planting period for trees and the June planting period for marsh grass this year since the plan had not been approved, In addition, Ed noted that the project needs to be constructed as soon as possible once the plan is approved. This will allow the project to be planted in 2002 as well as going through its first year of monitoring. 4. Comment: "Afterfive years, monitoring may cease only if success criteria have been met (as evidenced in annual reports) and permitting and review agencies agree in writing that the site is demonstrating success. This must be added to the plan for it to be approved, " Discussion: Ed Lewis noted that this is standard operating procedure and agreed to put this in writing in the mitigation Alan. 1!ilac?fiie'rt%tl?` ii r t 5. Comment: "It is stated in section 7.0, titled: "Pennits", on page 27 that this proposal involves the conversion of existing wetlands to other wetland types. Your request for a permit modification in the November 17, 2000 letter does not specify how many acres of wetlands will be converted (i.e. impacted) at this site. Although mitigation will not be required for these impacts to existing wetlands that acreage of impact must be subtracted from the total mitigation acreage available at the site, It: other words, NCDOT will not be given restoration or creation credit for converting one wetland type to another wetland type even though it may be necessaryfor an acceptable mitigation plan at this site. NCDOT should clarify whether or not they will impact ietlands at the Sawmill site, indicate what that acreage is, and subtract it from the total mitigation available at the site. " Discussion: DCM (Kelly Williams) restated that we should subtract the acreage of existing wetlands from the site since they will not be restored wetlands. NCDOT stated that wo will be enhancing those wetlands, thus we , should be given credit for enhancement instead of restoration. The DCM agreed to allow us .;aid. t': ?'I to get enhancement credit. Thus, NCDOT's original assumptions about available credit from the Sawmill site will be adjusted downward to reflect enhancement (in lieu of restoration or creation) ratio for converting a small area of scrub-shrub wetland to forested wetland. John Hennessy stated that even if enhancement credits are approved that the NCDOT will still need to ensure that the D` Q l; l restoration requirement is met. MAY. -1'5' 03 MU) 13:55 DEHNR COSTAL MGMT 6 TEL:919 733 1495 P.011 6, Comment: "It appears (lie work done at the Sawmill site, if successfia, will meet the required mitigation acreage needed at this site, no November 17, 2000 letter allocates 2.47 acres of wetland mitigation to this site. In the final plan 2,73 acres of creation, ,20 acres of restoration, and.25 acres of preservation are proposed for this site. If the Sawmill mitigation project itself will impact any existing wetlands, NCDOT may fall short of the mitigation allocated to this site for B-2531 as outlined in the November 17, 2000 letter. If that is the case, a larger debit/allocation front Lengyel may be required-" Discussion: NCDOT will modify the plan to reflect the expected creation, restoration, preservation, and enhancement mitigation credit available ter. aceountinR for on-site wetland impacts due to implementation. Eft "lail If the Sawmill Site "falls short" of the mitigation allocated to B-2531, NCDOT will look to other sites for mitigation. 7. Comment: I remain very concerned that NCDOT will not meet the B-2531 permit condition #20 which states that: "The DOT shall complete construction of the mitigation site for B-2531 and conduct monitoring in accordance with the approved comprehensive mitigation plan required in condition 18 until success is demonstrated, either prior to beginning construction on any segment of the New Bern Bypass project (or any other project that satisfies the same purpose and need) or within one year of rile expiration of this permit, whichever comes firsts " I read this to mean that NCDOT must demonstrate success (i.e. must meet success criteria) on the B- 2S31 mitigation sites prior to beginning construction on the New Bern Bypass. It appears NCDOT will not demonstrate success on the Sawmill site any earlier than 2004. Site monitoring will continue until 2006 if all goes according to their proposed schedule. If May 2003 is the expected let date for the New Bern Bypass project, it appears the B-2531 permit condition #20 will not be met. Discussion: Based upon stated implementation schedules for Sawmill and Croatan, it is clear that the current letting schedule for R-2301 is unrealistic by several years. The discussion centered around the concept of what today is meant by "demonstrating success;" and by what in 1995 was meant b "demonstrating success" which is when the permit for the New-Bern ? Bridge was issued. The current success criteria concept calls for 5 years of successful monitoring. The agencies recalled that the success criteria in use in 1995 called for 3 years of successful monitoring. Y DCM Position: The position of the DCM as clarified in an e-mail from DoAfflooking tt on 3/13101 is as follows! i , t eke DCM agreed to was to at a site after three years to determine if it appears reasonably successful. However, if the site appears Lust marginally successful at the end of three years, then fha4X-_M fx E would need to keep looking at the site(s) until the full success criteria dowribed-in the mitigation plans are satisfied _iw x ,i r` ?it,?t ci' a IMY. -IT 03(THU) 13:55 DEHNR COSTAL 0V TEL:919 733 1495 P. 013 7 ` ? ??%???F" [ ? ?i ! 1~1117',r? The?i??-saw-that?Hi$-W:euld to rs-te-satiaf3; nnc#-pessibly_gtril?-a-bit lama Furthermore, iltC-M-ea?E this commitment is ErB for the purposes of satisfying the Neuse River Bridge (B-2531) permit conditions. Monitoring must still be carried out in accordance with the appropriate mitigation plans for each site, including the five-year (minimum) monitoring requirement.' The mphasizaikhat Lrrhe commitment hy44WDGM to consider a project at the end of three years of monitoring should by no means construed as meaning the process of meeting the success criteria and satisfying the Neuse River Bridge permit conditions can not take longer. Additionally, simply meeting the success criteria at the end of three years will not automatically convey DCM approval that the sites are successful (see above statement on marginally successful sites) ` `ti The-BCM lu4-t1so-emPhu42ed 1i-aHhoy remain concerned that the scheduling of the New Bern bypass project will run into significant problems if the schedule relies heavily on this 3 year review of the success criteria,9 The WRC (David Cox) agreed that it was probably justified for Sawmill and Lengyel but that Croatan has to comply with the NMI. He noted in an e-mail dated 3/13.01 that the three-year success criterion is only tied to the B-2531/R-2301 projects and the sites themselves still must be monitored for five years. In that e-mail he further recommended that NCDOT take remedial action if, at the end of the first year of monitoring, the sites are not achieving success. The Corns (Mike Bell) has stated in a confirming e-mail dated 3/13101 that the USACE has no such time period (i.e. three year monitoring for a success criterion). Success is usually after five years or later if success is not achieved within the five-year period. He stated that if DOT wants to come to the USACE earlier than five years with information, they would listen. co The DW ; the DWQ (John Hennessy) stated in an e-mail 3.13.01 that the DWQ would consider that the permit condition for B-2531 (that required the mitigation be in the ground and functioning before the construction of R-2301) was met after three years, and thus allow for the letting and construction of R-2301. It was understood that the monitoring plan was to go for at least five years (and longerif success was not met). The plan needs to have the five-year requirement, and the DWQ will agree to discontinue monitoring only after a minimum five years and the success criteria being met. NCDOT (Alice Gordon) asked if the15 percent of the Croatan Bank FTM' t lest -aac r671is could be used for mitigating the bay forest impacts, The NIAY•, -15' 03 (THU) 13:56 QEHNR COSTAL MNiT TEL:919 733 1495 P.014 s of Engineers and the DCM Euc1E J1G0 fhat-the mill at1a11 S1te 11111,51 Ge f?6*?,•' f1.1.--1 w r My s.?: 4T1TIgI4Ac.c4s4. lha.? - rwlt«ll>` .4n _ TiTUS4'b??,d??1411g?r ,1,illg.s?l?p ss:l?4Gor,IA e6k4pg,il'M tI]#a.>a ic,t. -,stated tt-at ? i the site tamed ited?v?t? shewiiig $?ssesf?asad-ei?lto-nionitaring. NCDOT (Alice Gordon) noted that R-2301A had independent utility and, in addition, was a different type of ecosystem from the riverine portion of the New Bern Bypass. A ruling was requested from the agencies relative to obtaining a separate permit for R-2301A given the independent utility status. In addition, a ruling was requested to allow ue C to let R-2301A in May 2003 before the monitoring of the sites was complete. The formal response from the USACE, the DCM, the DWQ, the USFWS, and the NCDNCF (Division of Marine Fisheries) was tliat-R-2301A could not be let until the three-year-manttertiig-peried t ' 1, ?.: • 'Q ? ${3ewer#-success. T41o-ageHe?ee-emoted-t}14-El3e-ieatte-e€ independent-u afi?' S. Comment: " Furthermore, as of the date of this letter I have not received an MBI for the Croatan Bank site. A site plan has yet to be approved for the restoration and enhancement activities at the bank site, Portions of the bank site will be used for B-2531 forested wetlands mitigation and will also have to demonstrate success prior to construction of the New Vern Bypass. I fear NCDOT staff may believe that the signing of the MBI will satisfy the permit condition quoted above, but again, the permit states success must be demonstrated at the Croatan site in order meet permit condition requirements. In the November 17, 2000 letter, it is stated that monitoring on the bank site will begin in 2003. It doesn't seem possible that the mitigation activities performed at the Croatan site will demonstrate success by May 2003, the expected let date for the New Bern Bypass project." ion; Clarence Coleman presented the following information. R6 'r'?`t• ..,r?ItlS ?]6 G P ?1Qbe3:1 1`? c og-os tiori °tlh?(r ? c` Y: The Croatan MBI needs to be revised. The disposition of the USFS (US Forest Service) property issues is taking a long time. It needs to be finalized before an MBI rl it,'r s t?tiild ` is si ed. The MBI should be signed by May 2001. 1 ii construction buL,iidt on a Phase I i?s[?gr will begin this summer 9,'10V and will include the im lleementation of the by forest mitigation needed forB-2531. G fiitlic ltt n M 11 *MMA New Bern Bypass (R-2301) Y"'1410VII.•^^ -5,?1fIlJ.?,'i'G tF','i, q}a:••t41'?:?r1 y'S-:?i, .r .., I'T: ?anspoi? ti> ioT1?.Y114?.!?Y_?lg?>l?:C)2!E!<'S?f.L?.??:.l?, h1AY. -15' 03(THU) 13:56 DEHNR COSTAL MNIT TEL:919 733 1495 P.015 9 itnc c citilcjuot gic?nipin6.u1}?}csp44a-success:is.dFtt14n,5trato,:066r.?c"l construction ou any,se rljaTlkya :t ie. (aW=?oitl`i yl??iss=(I?-?3(l:l?: :?'Jl s ca} 1]111wtil.-l'q reflected in e0nditiqi11,. Q','1 '(??.:C??N?! 'NeiiniK NQ, H '-9S'wliicli srttteS thiix ``tll? POT r Hh?411 cotlip(ete. constr{JC1j .O1j:,!pf i)iC aii,iig4(iQli sil.6-f6? 0,253.1- t 1 d.conduct mahlE?1111 j,rl :?G?01'(i?11CC With 01e;Ap.?1'AYPd cAmprehP11Sive-n1iTi'&tioi1 lalan regyiTud.in cOlldit,ipll.l until suc&es1 is d?r1lQn ti' d; ?ithcr: p?'IAr t4 Wgitt11itlg consrPuctioll an any seglli}lmpi' that=w Eerie Sys?S,T'pa'eC? ?{; ?3Q:o any r?tllcr,1?t'Pji=:,t)?t1k; SatiSkaes tltu fi:jf?i?:yll 9illllltlx?t}r'?a??a1t?1Le?9r?lY.}11111,].:P.r1.e'yearo?.t.?o'exPi.fa1?o11.o?ill??.Pet?l?il.w 'c11?.:?? Meeting Attendees David Cox, WRC John Hennessy, NCDENR-DWQ Beth Bums, NCDENR - DWQ Mike Bell, USACE Tom McCartney, USFWS Rick Monaghan, NCDENR, DMP Kelly Williams, NCDENRR, DCM Craig Deal, NCDENR Cathy Brittingham, NCDENR, DCM Bill Arrington, NCDENR, DCM Scott Jones, NCDENR, DCM Kevin Markham, ESI Doug Huggett, NCDENR, DCM Alice Gordon, NCDOT, PD & EA Charles Bruton, NCDOT PD & EA Clarence Coleman, NCDOT PD & EA Ed Lewis, NCDOT PD & EA Bruce Ellis, NCDOT PD & EA Eric Black, NCDOT PD & EA Randy Turner, NCDOT PD & EA h Greg Brew, NCDOT Roadway Design Katie McKeithan, NCDOT Roadside Jeff Wait, NCDOT Roadside Environmental Dicky Marmon, ESI MY. -1'5' 03 MU) 13:51 DEHNR COSTAL UM TEL : 919 133 1495 P. 016 North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael C. Easley, Governor William G. Ross Jr., Secretary Donau D. Moffitt, Director February 12, 2001 Mr. William D. Gilmore, Manager Project Development & Environmental Analysis Branch NC Department of Transportation 1548 Mail Service Center Raleigh, NC 27699-1548 Subject: Craven County, Replacement of Bridge No. 28 on US 17 over the Neuse River and the widening of Bridges Nos. 83 and 84 on US 70 Bypass over the Trent River in New Bern, Federal Aid No, BR-000S(33), State Project No. 8.1170801, T.I.P. B-2531, AID No. 199401568. Dear Mr. Gilmore: The purpose of this letter is to provide you with the NC Division of Coastal Management's (DCM's) comments on a letter from the NC Department of Transportation (DOT) dated November 17, 2000 about the above referenced project, B-2531. I have also attached a letter from Kelly Williams, DCM Wetland Restoradon Specialist, with comments' on the mitigation proposed for wetland impacts incurred by B-2531(Neuse River Bridge) and R-2301 (New Bern Bypass). As you will quickly note from the information provided in this letter and in Ms. Williams' attached letter, the issues surrounding the permit conditions, project commitments and the proposed mitigation for T.I.P. No.'13-2531 and T.T.P. No. R-2301 are extraordinarily complex. For this reason, I strongly suggest that DOT convene a meeting with relevant state and federal agencies to review the project status. Participants in such a meeting should include at a minimum N.C. Department of Transportation staff working on B-2531 and R-2301, N.C. Division of Coastal Management, U.S. Army Corps of Engineers, National Marine fisheries Service, U.S. Fish and Wildlife Service, N.C. Division of Water Quality, N.C, Wildlife Resources Commission and N.C. Division of Marine Fisheries. If DOT agrees that such a meeting is warranted, I recommend that it be scheduled as soon as possible. This suggested meeting is not intended to delay final approval of the sawmill and Croatan wetland mitigation plans. Rather, it is DCM's hope that the suggested meeting would expedite approval of the Sawmill and Croatan wetland mitigation plans to facilitate DOT's ability to meet its project commitments relative to T.I.P. No. B-2531 and T.I.P. No. R-2301. In the November 17Lh letter, DOT requested a modification of existing permits (CAMA Major Development Permit, Section 404 permit, and Section 401 Water Quality permit), and an extension of the permit expiration date. CAMA Permit No. 81-95 for T.I.P. No. B-2531 does not 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293 1 FAX: 919-733-1495 1 Intemet: http://dcm2.enr.state.nc.us AN MIIAI nAP(1A7TINITYI ? Dr?a'rn!a ?r-rinu?unauto cnat oPrvf`l vn ,M r.nmr.nn .................... h1AY. -15' 03 (THU) 13:57 DEHNR COSTAL UNIT TEL:919 733 1195 P. 017 . r. contain any conditions that contain the specific requirements that DOT is requesting for modification in the November 17th letter. Please clarify specifically which conditions within LAMA Permit No, 81-95 DOT would like to modify. A permit modification request for CAMA Permit No. 81-95 will require an additional fee of $100. The renewal of CAMA Permit No. 81-95 was requested by DOT to accommodate a change in the schedule far completion of the Croatan and Sawmill wetland mitigation sites, which are being constructed to provide mitigation for B-2531 and R-2301, In the November 17`h letter, DOT requested a four-year permit renewal. Please note that DCM does not have the authority to grant a four year permit renewal as requested in DOT's November 17'h letter. The rules of the Coastal Resources Commission (CRC) allow DCM to grant as many two year permit extensions as necessary to complete the initial development for permitted projects where substantial development has begun and is continuing. Construction of mitigation sites, and monitoring of those sites to meet conditions of a CAMA permit, are valid reasons for permit renewal, Therefore, DCM does not anticipate a problem granting a two-year permit renewal this year, and another two-year permit renewal in late 2002. However, the November 17`h letter did not include a fee in the amount of $100 as required to process the requested permit renewal. As soon as DCM receives a check in the amount of $100, a two-year permit renewal for CAMA Permit No. 81-95 will be issued. In addition to the information provided above in response to DOT's November 171x' letter, DCM would appreciate a summary of DOT's success in meeting conditions #16, ##17 and #19 of CAMA Permit No. 81-95. 16) During the construction phases of this project, the DOT will monitor and record all impacts to submerged aquatic vegetation (SAV) habitat that occurs as a result of the permitted activity. 17) Prior to the expiration date of this permit, the DOT will develop and implement an approved mitigation plan to compensate for SAV losses associated with this project, The plan will be coordinated with and approved by the National Marine Fisheries Service, the N.C. Division of Coastal Management, the N.C. Division of Marine Fisheries and the U.S. Army Corps of Engineers. 19) Wetland sites impacted by temporary construction access, regardless of the access alternative chosen, shall be monitored to insure that natural revegetation is occurring, If a site is not revegetating within one year following removal of the construction access, NCDOT shall undertake remedial action. Monitoring and restoration of wetlands impacted by temporary construction access shall be addressed by NC DOT in their comprehensive mitigation plan. Thank you for your attention to this important matter. If you have any questions or would like to discuss this matter further, please feel free to contact either myself or Cathy Brittingham at (919) 733-2293. 1 look forward to working with you and your staff to resolve these issues. MAY. -IT 03 (THU) 13:57 DEHNR COSTAL UNIT TEL:919 733 1495 Sincerely, Doug Huggett Major Permits and Consistency Coordinator CC: Charles Jones Craig Deal, DENR David Franklin, USACOE Mike Bell, USACOE Bill Arrington, DCM David Cox, WRC John Hennessy, DWQ Alice Gordon, DOT Ed Lewis, DOT Tom McCartney, U.S. Fish and Wildlife Service Ron Sechler, National Marine Fisheries Service Mike Street, DMF Ted Tyndall, DCM Kelly Williams, DCM P. 018 MAY, -Y5' 03 (THU) 13:58 DEHNR COSTAL RMT TEL:919 733 1495 P. 019 -' North Carolina Department of Environment and Natural Resources p 4 Division of Coastal Management Michael F. Easlay, Garernor /=DEN? nR William G. Ross Jr., Secretary Donna D. Moffitt, Director February 9, 2001 Mr. William D. Gilmore, P.E., Manager Project Development & Environmental Analysis Branch, NCDOT 1548 Mail Service Center Raleigh, NC 27699-1548 Subject: Sawmill Site Final Mitigation Plan Dear Mr. Gilmore: I have reviewed the Sawmill Mitigation Site final wetland mitigation plan dated January 2001. To mitigate for unavoidable impacts to wetlands incurred during the construction of the Neuse River Bridge (B-2531) in 1995 the plan proposes preservation, creation, and restoration of forested and coastal wetlands at the 4-acre Sawmill site in Now porn. I have the following comments on the final plan: 1, The community type restoration and creation that NCDOT has proposed to perform at this site is acceptable as mitigation for some of the impacts incurred from the Neuse River bridge construction. These impacts were most recently described in your November 17, 2000 letter. The impacts to be mitigated at the Sawmill site were to "naturalized ditches" and "naturalized scrub-shrub wetlands." The Sawmill site is mapped as salt/brackish marsh restoration on DCM's wetland restoration type GIS data. Incorporating additional marsh creation as well as tidal cypress gum swamp creation will Increase the diversity of wetland habitats at the site. I am pleased that the site is located in close proximity to the project and that upland areas will be preserved to protect and buffer the wetland areas. 2. A planting plan with a specific list of species to be planted In the tidal cypress-gum swamp creation area must be included in the mitigation plan prior to its approval. 3. The hydrologic success criteria for the swamp and the marsh areas are acceptable though they are not ideal. I would expect the site to exhibit hydrologic characteristics specific to the community types being restored and created. Such characteristics would include a certain flooding frequency, duration, tidal influence and depth of flooding. In the future, reference hydrology data should be used to determine hydrologic success criteria when available. The data gathered at reference sites for this project will be valuable although it does not appear you will use them as success criteria. 4. After five years, monitoring may cease only if success criteria have been met (as evidenced in annual reports and permitting and review agencies agree in writing that the elte is demonstrating success. This must be added to the plan for it to be approved. 5. It Is stated In section TO, titled: "Permits", on page 27 that this proposal involves the 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293 1 FAX: 919-733-1495 1 Internet: http:1/dcm2.cnr.state.nc.us AN M11A1. nPPnRT11NrrY % AFFMMATNE AM0N FMP14YFR..50% RMYCLED! I0T- Pn.W r M.g11MFR PApRR 11AY. -15' 03 (THU) 13:58 OEHNR COSTAL MGMT TEL:919 733 1495 P. 020 conversion of existing wetlands to other wetland types. Your request for a permit modification in the November 17, 2000 letter does not specify how many acres of wetlands will bo converted (i.e. impacted) at this site. Although mitigation will not be required for these impacts to existing wetlands that acreage of impact must be subtracted from the total mitigation acreage available at the site. In other words, NCDOT will not be given restoration or creation credit for converting one wetland type to another wetland type even though it may be necessary for an acceptable mitigation plan at this site. NCDOT should clarify whether or not they will Impact wetlands at the Sawmill site, indicate what that acreage is, and subtract it from the total mitigation avallable at the site. 6. It appears the work done at the Sawmill site, if successful, will meet the required mitigation acreage needed at this site. The November 17, 2000 letter allocates 2.47 acres of w©tland mitigation to this site. In the final plan 2.73 acres of creation, .20 acres of restoration, and .25 acres of preservation are proposed for this site. If the Sawmill mitigation project itself will impact any existing wetlands, NCDOT may fall short of the mitigation allocated to this site for B-2531 as outlined in the November 17, 2000 letter. li that is the case, a larger debittallocation from Longyel may be required. I feel it is inappropriate for names of individuals to be written into mitigation plans. Your plan references a discussion that took place at a meeting unrelated to this project in August 2000. The references to a 'verbal agreement" that took place at this meeting are not entirely accurate nor are they relevant to the morits of this mitigation plan. Please remove references to that meeting from this mitigation plan. I remain very concerned that NCDOT will not meet the B-2531 permit condition 420 which states that "The DOT shall complete construction of the mitigation sito for B-2531 and conduct monitoring in accordance with the approved comprehensive mitigation plan required in condition 1 a until success is demonstrated, either prior to beginning construction on any segment of the Now Bern Bypass projoct (or any other project that satisfies the same purpose and need) or within one year of the expiration of this permit, whichever comes first." I read this to mean that NCDOT must demonstrate success (i.e. must moot success criteria) on the B-2531 mitigation sites prior to beginning construction on the New Bern Bypass. It appears NCDOT will not demonstrate success on the Sawmill site any earlier than 2004. Site monitoring will continue until 2006 if all goes according to their proposed schedule. If May 2003 is the expected lot data for the New Bem Bypass project, it appears the B-2531 permit condition #20 will not be mot. Furthermore, as of the date of this letter I have not received an MBI for the Croatan sank site. A site plan has yet to be approved for the restoration and enhancement activities at the bank site. Portions of the bank situ will be used for B-2531 forested wetlands mitigation and will also have to demonstrate success prior to construction of the New Bern Bypass. I fear NCDOT staff may believe that the signing of the MBI will satisfy the permit condition quoted above, but again, the permit states success must be demonstrated at the Croatan site in order meet permit condition requirements. In the November 17, 2000 letter, it is stated that monitoring on the bank site will begin in 2003. It doesn't seem possible that the mitigation activities performed at the Croatan sito will demonstrate success by May 2003, the expected let date for the Now Bem Bypass project. If you have any questions or need clarification, please let me know. i think another discussion on the expectations and requirements for B-2531 mitigation success and its MAY. -15' 03 (THU) 13: 58 OEHNR COSTAL RN1T TEL: 919 733 1495 P.021 relevance to the New Bern Bypass project is necessary. I believe Cathy Brlttingham will request time at an upcoming agency meeting to discuss the matter again. Sincerely, AdiqlWi" Kelly Williams, P.W.S. Wetland Restoration Specialist State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director April 1, 1999 Mr. Michael F. Bell U.S. Army Corps of Engineers Washington Regulatory Field Office Post Office Box 1000 Washington, NC, 27889-1000 Subject: The New Bern Bypass T.I.P. No. R-2301; Minimization Concurrence Dear Mr. Bell, NCDENR This letter is in reference to the Minimization Concurrence for the aforementioned project. The project is being planned in accordance with the 404/NEPA Merger agreement. Based upon the information provided, we concur with the minimization plans presented by the NCDOT. Please be advised that impacts to Neuse Buffers (which have not historically been at issue in the NEPA/404 process) will need to be addressed prior to completion of the Final EIS. Thank you for your consideration. If you have any questions, please contact me at (919) 733-1786 or John Hennessy@h2o.enr.state.nc.us. incere y, John E. Hennessy cc: John Dorney, NCDWQ Debra Sawyer, NCDWQ Bill Gilmore, P.E., NCDOT CAncdot\TIP R-2301\R-2301 minimization concun•ence.doc P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-715-6048 An Equal Opportunity Affirmative Action Employer 50%a recycled/ 10% post-consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director March 31, 1999 MEMORANDUM low 'M A NCDENR To: Melba McGee Through: John Dorn y From: John Henness h? G yn_ Subject: Finding of No Significant Impact for US311 from High Point East Belt to US 220, Randolph County Project # 8.157150 1, TIP # R-2606 DENR # 97-0685 This office has reviewed the referenced document. The Division of Water Quality (DWQ) is responsible for the issuance of the Section 401 Water Quality Certification for activities which impact waters of the state including wetlands. Completion of the project as proposed in the Environmental Assessment will require the discharge of fill material into approximately 2.13 acres of jurisdictional wetlands and 1.81 acres of surface waters. The DWQ offers the following comments based on review of the aforementioned document: A) The NCDOT has sufficiently demonstrated avoidance and minimization of wetland impacts. Based on the impacts described in the EA, wetland mitigation will be required in accordance with NCDWQ Wetland Rules { I5A NCAC 2H.0506 (h)(2)). B) While the EA presents and excellent discussion on the methods used to quantify, qualify, and avoid wetlands, it does not itemize or elaborate on the nature and extent of impacts to streams. Consequently, the NCDWQ is unable to comment of the nature and extent of mitigation or permitting that may be required for impacts to these systems. In accordance with the NCDWQ Wetlands Rules 115A NCAC 21-1.0506(b)(6)), mitigation will be required for impacts of greater than 150 linear feet to any single perennial stream. The mitigation plan should be designed and implemented to replace appropriate lost functions and values. In accordance with the NCDWQ Wetlands Rules { 15A NCAC 2H.0506 (h)(3)), the Wetland Restoration Program may be available for use as stream mitigation. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper WIN McGee Memo 03/31/99 Page 2 C) The NCDWQ concurs with the commitment to place sediment and erosion control measures out of jurisdictional wetlands. The commitment should be incorporated into the construction contract. D) The NCDWQ concurs with the commitment to use borrow/waste areas in upland locations. E) Due to the lack of information regarding the nature and extent of impacts to streams, it is not possible to determine whether an individual or General Water Quality Certification may be applicable to the project. A 401 Water Quality Certification requires satisfactory protection of water quality to ensure that water quality standards are met and no wetland or stream uses are lost. Final permit authorization will require the submittal of a formal application by the NCDOT and written concurrence from the NCDWQ. Please be aware that any approval will be contingent on appropriate avoidance and minimization of wetland and stream impacts to the maximum extent practical and inclusion of appropriate mitigation where necessary. The NCDWQ appreciates the opportunity to provide comments on your project. Should you have any questions or require any additional information, please contact John Hennessy at (919) 733-1786. cc: Eric Alsmeyer, Corps of Engineers Tom McCartney, USFWS David Cox, NCWRC Ron Linville, NCDWQ Winston-Salem Regional Office CAncdot\TIP R-2606\ R-2606 FONSI Comments.doc Department of Enviroriment nd Office of ,a Natural Resources Legislative and Intergovernmental Affairs Project Review Form °roi? verrb?r Cauncy, 0 (Ji0 1 -e?> evl : 97-C-p&g L -0el7`f iris prajec; is g r -,viewed as indicat-- ..,. below; I -:icnsl Ofres I Re3tansl Otlica G Ache idle C Faye--Ville j?Warrr e MccresvIll XGroundwater T-Zrd Quality Engineer '= W'zSHL,on c Recrectiana! Cansultsnt c WI •„gton VW inston-SalerZ Mzralgy-SiP.Q if Cs:oc2: R--Con=e (check- all applicable) C No abjection to proje•-t as proposed a No Coca^eZc C L^st:d'tc;eZC int?r:?stiOn to cerzp(ete review C 0L r (srcisl cr attach car,.rr„ts) Du: 2cc:i ved ?/aa/9q A Water Quality Du.: ??a:a Dus ($.? deadline): 4// 3 l g4 C Soil do Water G Lfarize Fisheries o Ccasczl Manage.=,:,,t ?Wildlif e Water Resaurc-; AE vi;c==trll erlth C Forest Resources e Solid Waste tif; :z `= Land Resources c R diatien Protection o ParU F? ReCreation c Orher ate-\N C' Groundwater G Air Quality Dam. RF•TUR,`! t•O: Melba NICGee Environmental Coordinator Office of )??i?lative 3c Intergovernmental Affairs US 311 1 FROM HIGH POINT EAST BELT TO US 220 RANDOLPH COUNTY FEDERAL AID PROJECT NO. NHF-311(3) ' STATE PROJECT NO. 8.1571501 T.I.P. NO. R-2606 ADMINISTRATIVE ACTION FINDING OF NO SIGNIFICANT IMPACT ' U.S. Department of Transportation Federal Highway Administration and N.C. Department of Transportation Submitted pursuant to 42 U.S.C. 4332(2)(c) 1 i ' L=1?-9Q DATE _I . 9 William ore, P.E., M ager Project Development and Environmental Analysis Branch ' NCDOT Z Z o ATE t icho Graf, E. -X ??ivi n Administrator ' FHWA Ci US 311 FROM HIGH POINT EAST BELT TO US 220 RANDOLPH COUNTY FEDERAL AID PROJECT NO. NHF-311(3) ' STATE PROJECT NO. 8.1571501 T.I.P. NO. R-2606 t 1 1 1 1 t 1 J 1 I ADMINISTRATIVE ACTION FINDING OF NO SIGNIFICANT IMPACT U.S. Department of Transportation Federal Highway Administration and N.C. Department of Transportation Submitted pursuant to 42 U.S.C. 4332(2)(c) DAZE I William D. Gilmore. P.E.. M alter Project Development and Environmental Analysis Branch NCDOT 7i &7/,PP 4 ow ATE icho .Graf, E. ivi n Administrator FHWA I 1 D 'i 1 1 1 1 t 1 1 [l L US 311 FROM HIGH POINT EAST BELT TO US 220 RANDOLPH COUNTY FEDERAL AID PROJECT NO. NHF-311(3) STATE PROJECT NO. 8.1571501 T.I.P. NO. R-2606 ADMINISTRATIVE ACTION FINDING OF NO SIGNIFICANT IMPACT Documentation Prepared By Ko & Associates. P.C aQ tip. SE A! L.J. ard. P.E. 466 Y Project Manager •., •.;:/y??NE???e •w For North Carolina Department of Transportation 64.A. Bissett, Jr., P.E., it Head Consultant Engineering Unit r Thomas R. Kendig, AICP Project Coordinator 1 1 1 [1. 1 1 I US 311 FINDING OF NO SIGNIFICANT IMPACT PREPARED BY THE PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS BRANCH OF THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION IN CONSULTATION WITH THE FEDERAL HIGHWAY ADMINISTRATION SUMMARY 1. Description of Action The North Carolina Department of Transportation, Division of Highways, proposes to construct a freeway facility on new alignment from the US 311 High Point East Belt to US 220 in Randolph County. The project limits extend from just south of Tuttle Road (SR 1920) to US 220 north of Pineville Road (SR 1712). The project length is approximately 14.5 kilometers (9.0 miles). The recommended improvement is a four-lane divided freeway with a 21-meter (70-foot) wide grassed median. The facility will be controlled access with interchanges at Cedar Squire Road (SR 1928), existing US 311 and US 220. The total estimated cost of the project including right of way and construction is $80,350,000. The estimated cost for the project presented in the Draft 2000-2006 Transportation Improvement Program (T.1.P.) is $106,756,000. 2. Selected Alternative The corridor recommended is Corridor C as presented in the Environmental Assessment and shown in Exhibit F-1. 1 11 1 fl 1 t 3. Summary of Environmental Impacts The proposed project will improve travel in the US 311 corridor by reducing travel time, allowing through traffic to avoid congestion on existing US 311, and reducing accident potential. The project will be part of future Interstate 74 connecting Detroit. Michigan with Charleston, South Carolina. There will be 71 residences and four businesses relocated by the proposed action. No properties protected under Section 4(f) of the Department of Transportation Act, 49 U.S.C. 303 and 23 U.S.C.138 including recreation sites, wildlife or waterfowl refuges, or sites listed on or eligible for the National Register of Historic Places will be impacted. Wetland areas within the preferred corridor were delineated and mapped. Impacts to wetlands were estimated based on the preliminary design. Fifty-one (51) sites were delineated containing approximately 9.6 hectares (23.7 acres) of vegetated wetlands and approximately 7.7 hectares (19.07 acres) of surface water area. The project is expected to impact only 0.85 hectare (2.13 acres) of wetlands and 0.73 hectare (1.81 acres) of surface waters. ii t Forty-four receptors are predicted to experience noise levels which approach or exceed the FHWA noise abatement criteria. One location was identified as being reasonable and feasible for barrier construction based on preliminary noise studies. The location is east of Nelson Park Road (SR 1945). A 600 meter (1968 feet) barrier, 5.5 to 5.8 meters (18 feet to 19 feet) in height would yield an average noise level reduction of 6.2 dbA for 19 receivers at a per receiver cost of $24,475. A final noise study will be prepared during the final design of the project. No threatened or endangered species will be impacted. 4. Summary of Environmental Commitments The commitments recommended for the proposed action are itemized in Table 1: TABLE I ENVIRONMENTAL COMMITMENTS I Borrow material will be taken from upland sources in the construction of this proj ect. 2 NCDOT will make every effort during the erosion control design phase for this project to avoid placing erosion control devices on wetlands. 3 NCDOT will use Design Standards in Sensitive Watersheds (15A NCAC 04B .0024), and High Quality Storm Erosion Control Measures at all stream crossings currently or potentially designated as Water Supplies, and where the project is located in any Watershed Critical Area. 4 Hazardous Spill Basins will be provided at crossings of Muddy Creek, Back Creek, and their associated tributaries in accordance with NCDOT's Guidance for the Location and Design of Hazardous Spill Basins. 5. A comprehensive wetland and stream mitigation plan will be provided in the application for the 401 Water Quality Certification and the 404 permit. Coordination Several federal, state, and local agencies were provided copies of the Environmental Assessment to solicit their comments. Comments were received from the following agencies: US Department of Defense, Department of the Army, Corps of Engineers US Department of Interior, Fish and Wildlife Service US Environmental Protection Agency NC Department of Administration NC Department of Cultural Resources Division of Archives and History iii 1 t NC Department of Environment and Natural Resources Division of Environmental Management Division of Forest Resources NC Wildlife Resources Commission 6. Actions Required by Other Agencies Several environmental regulatory permits will be required from state and federal agencies as a result of the proposed action. NCDOT will obtain all necessary permits prior to construction. Permits which may be required as part of this project include the following: NC Division of Water Quality (DWQ) Section 401 Certification (Water Quality) National Pollutant Discharge Elimination System (NPDES) Storm Water Certification NC Division of Forest Resources Burning Permit US Army Corps of Engineers Section 404 (Dredging or filling in US waters or wetlands) 7. ADDITIONAL INFORMATION Additional information concerning the project and the Finding of No Significant Impact can be obtained by contacting either of the following: Mr. Nicholas L. Graf, P.E. Division Administrator Federal Highway Administration 310 New Bern Avenue, Suite 410 Raleigh, North Carolina 27601 Telephone: (919) 856-4336 ' Mr. William D. Gilmore. P.E. Manager Project Development and Environmental Analysis Branch Division of Highways North Carolina Department of Transportation Post Office Box 25201 Raleigh, North Carolina 27611 Telephone: (919) 733-3141 IV t 1 1 1 1 i 1 1 1 1 1 1 i 1 1 1 i i i i TABLE OF CONTENTS 1. TYPE OF ACTION IL DESCRIPTION OF TI IE PROJECT III. RECOMMENDED ALTERNATIVE IV. ARCHAEOLOGICAL RESOURCES V. THREATENED AND ENDANGERED SPI.;CIES VI. WE"I'LAND FINDING VII. FLOODPLAIN FINDING VIII. COMMENTS AND COORDINATION IX. ONLY PRACTICABLE AL'I'ERNATIVE FINDING X. FINDING OF NO SIGNIFICANT IMPACT APPENDIX v PAGE 2 4 6 9 9 18 19 1 1 11 t US 311 From High Point East Belt to US220 Randolph County, North Carolina Federal Aid Project No. NHF-311(3) State Project No. 8.1571501 T.I.P. No. R-2606 1. TYPE OF ACTIO This is a Federal Highway Administration (FHWA). Finding of No Significant Impact. The FHWA has determined that this project will not have any significant impact on the human environment. This Finding of No Significant Impact is based on the Environmental Assessment for the subject project, which has been independently evaluated by tile FI-IWA and determined to adequately and accurately discuss the environmental issues for the proposed project. Copies of the Environmental Assessment are on file with the Project Development and Environmental Analysis Branch of the North Carolina Department of Transportation. It provides sufficient evidence and analysis for determining that an Environmental Impact Statement is not required. The FIIWA takes full responsibility for the accuracy, scope, and content of the Environmental Assessment. 11. DESCRIPTION OF THE PROJECT The North Carolina Department of Transportation. Division of' Ilighways, proposes to construct a four-lane divided freeway on new alignment in Randolph County. The project limits extend from the proposed High Point East Belt (Pr(ject R-609) just south of Tuttle Road (SR 1920) to US 220 north of Asheboro. The project length is approximately 14.5 kilometers (9.0 miles). US 311 is classified as a Principal Arterial in the Statewide Classification System. ' The recommended improvement is a four-lane divided freeway with a 21-meter (70-116ot) wide grassed median. The facility will be controlled access with interchanges at Cedar i Squire Road (SR 1928), existing US 311, and US 220. The total estimated cost of the project including right of' way and construction is i $80,350,000. The estimated cost for the project presented in the Draft 2000-2006 Transportation Improvement Program (T.I.P.) is $ 106,756,000. i III. RECOMMENDED ALTERNATIVE During the planning process for this project, Congress passed legislation that designated US 311 as part of future I-74, and US 220 as part of future I-73. The proposed I-74 will connect Detroit, Michigan with Charleston, South Carolina. The North Carolina section of I-74 will follow 1-77 from Virginia to US 52, US 52 to US 311, continue along US 311 to US 220, follow US 220 to US 74 and continue on US 74 to US 17 just north of the South Carolina line. The Interstate designation of these two routes was an important factor in determining the preferred location for the project. After careful review of the data presented in the Environmental Assessment, and of comments received from the public and review agencies, and from comments presented at the public hearing, Corridor C was chosen as the best location for the future Interstate route. Corridor C was chosen because it includes a much simpler, safer, and less expensive design for the future interchange of I-73 (US 220) and I-74 (US 31 1). It provides the greatest separation between local traffic and interstate traffic and is the most direct movement for I-74 through traffic, reducing vehicle miles traveled, travel time, and the associated costs for the Interstate travelers. Travel distance for Corridor C is 14.5 kilometers (9.0 miles) compared to 16.7 kilometers (10.4 miles) for Corridor AA and 17.4 kilometers (10.8 miles) for Corridor A. Although Corridor AA was preferred by the majority of speakers at the public hearing, it requires a complex, costly and confusing interchange design at US 220 (1-73) to allow for local access to Randleman and Interstate to Interstate traffic movements. This results in cumbersome traffic operations and a complex interchange. Corridor C minimizes impacts to the critical area of the water supply watershed for the proposed Randleman Lake. It also is consistent with NCDOT and the North Carolina Department of' Environment and Natural Resources adopted policies requiring avoidance of the construction of new roadways in water supply watersheds if practical alternatives exist. Corridor C is the least expensive of the three alternatives considered, costing $6 million less than Corridor AA and $11 million less than Corridor A. Corridor C was preferred by the environmental review agencies and was the consensus corridor recommended by the project team. The letter of concurrence from the US Army Corps of Engineers is in the Appendix. 2 t F?l IV. ARCHAEOLOGICAL RESOURCES A staged archaeological investigation was conducted for the US 311 project from the proposed High Point East Belt to US 220. The first stage was a background study and field reconnaissance of the reasonable and feasible alternatives (Novick 1997). The second stage was an archaeological survey of the preferred alignment conducted by Wake Forest University (Woodall 1998). The background work provided a framework and general understanding of the types of archaeological resources previously reported within and near the study area. Maps, historical documents, and information about local history in the State Archives, Duke University's Special Collections, the Southern Historical Collection, the University of North Carolina's North Carolina Collection, and the Randolph County Public Library were consulted. Based upon previous archaeological work in Randolph County and results of this background study, it appeared the most likely places to discover archaeological sites retaining integrity was to concentrate the archaeological survey on high probability soil areas in the area of potential effect (APE). Such high probability areas include soils that are not eroded, soils with high productivity ' rating, and soils that have high ratings for wildlife. Other areas were surveyed to corroborate this proposal. The NCDOT coordinated with the North Carolina State Ilistoric Preservation Office's (SHPO) review archaeologists for the region to develop a scope of work for the terrestrial survey and site assessments for the survey of the preferred alignment's API: of 212 hectares (525 acres). The archaeological survey of the preferred corridor consisted of pedestrian survey supplemented by shovel tests excavated in areas of heavy ground cover. The field work for this project was conducted in October, November, and December 1998. The survey resulted in the discovery of 75 archaeological sites. These include 60 aboriginal sites, 10 historic sites, and 5 multiple components sites. Of the 75 sites discovered, 1 (31Rd1250) is assessed as eligible for the National Register of Historic Places (NRHP). A data recovery plan for eligible site 31 Rd 1250 is the appropriate form of mitigation. This plan was ' submitted to the NCSHPO and may be reviewed by the Advisory Council on Historic Preservation in compliance with 36CFR800. No archaeological sites eligible for the National Register requiring preservation in place were discovered. t t V. THREATENED AND ENDANGERED SPECIES The U. S. Fish and Wildlife Service (USFWS) lists Schweinitz's sunflower (Helianthus schiveinit-: ii) as occurring in Randolph County. (USFWS list dated January 15, 1999). Schweinitz's sunflower is an erect, unbranched, rhizomatous, perennial herb that grows to approximately 2 meters (6 ft.) in height. The stem may be purple, is usually pubescent, but is sometimes nearly smooth. I.,eaves are sessile, opposite on the lower stem but alternate above, in shape they are lanceolate and average 5 to 10 times as long as wide. Schweinitz's sunflower blooms from late August to frost; the yellow flower heads are about 1.5 centimeters (.6 inches) in diameter. The current range is within 100 kilometers (60 miles) of Charlotte, North Carolina, occurring on upland interstream flats of gentle slopes, in soils that are thin or clayey in texture. The species needs open areas protected from shade of excessive competition, reminiscent of Piedmont prairies that were once blackjack-post oak (Ouercus marilandica, Q. stellata) savannas and woodlands. Disturbances such as fire maintenance or regular mowing help sustain preferred habitat. Biologists for Environmental Services, Inc. (ESI) conducted field surveys of the preferred corridor on September 25-26, 1997 to determine the potential habitat and evidence of the Schweinitz's sunflower. Prior to the initiation of' field efforts. ESI biologists reviewed available aerial photography and wetland mapping of the preferred corridor for US 311. A number of areas were initially identified for further investigation as potential habitat for the sunflower. All areas initially thought to contain potential habitat were visited to ground-truth available mapping. Areas not meeting the habitat criteria were discounted as potential habitat and were not surveyed. In areas where potentially suitable habitat was identified, ESI biologists conducted systematic surveys. When necessary, transects were walked, spaced at a maximum of 10 meters (33ft.) apart. Spacing of transects provided complete visual coverage of herbaceous vegetation present within the habitat surveyed. Ground-truthing revealed a number of sites of' potential or marginal habitat. No evidence of Schweinitz's sunflower was encountered in any of' the areas providing potentially suitable or marginal habitat. The results of the survey concluded the US 311 project would not impact the Schweinitz's sunflower. BIOLOGICAL CONCLUSION: NO EFFECT The USFWS also lists (January 15, 1999) the Cape Fear shiner (Notropis mekestuchlas) as occurring in Randolph County. The Cape Fear shiner is a small (5 centimeters [2 inches]), moderately stocky minnow. It is pale silvery yellow with a black band along the sides and the moderate-sized eyes are located on the sides of the head (USFWS 1988). This species is distinguished from all other Notropis by having a coiled alimentary tract that is visible through the wall of the belly (Rohde e1 al. 1994). Food items probably include bottom detritus, diatoms, and periphytes. Habitat of the Cape Fear shiner is generally slow pools, riffles, and runs over gravel, cobble, and boulders. I,ittlc is known about the Cape Fear shiner's life history. Present distribution (November 1988) includes portions of Randolph, Chatham, Lee, Moore, and Harnett Counties (FWS 1988). As of 10 December 4 1 1993, the N.C. Wildlife Resources Commission has designated Critical Habitat for this species in 1 the Deep River, from its confluence with the Haw River (on the Chatham/Lee County line) to the NC Route 42 bridge (also on the Chatham/Lee County line). ' Information concerning the Cape Fear shiner (Notropis mekistochlas), as included in the EA, was derived from 1988 survey data. Since that time, a biological assessment associated with the proposed Randleman Lake (Biological Assessment for Randleman Luke: Randolph and Guilford Counties, North Carolina, Curter and Heiman 1993) was conducted which included a survey for the shiner in the US 311 project area. Field work, including fish collections, was conducted during 1992 and 1993. These surveys found no evidence of the Cape Fear shiner in the US 31 l or Randleman Lake project areas, and resulted in a finding of no impact concerning this species. 1 The closest documented occurrence of the Cape Fear shiner to the US 31 1 project area has been documented by the N.C. Wildlife Resources Commission in the Deep River near the community of Coleridge in southeastern Randolph County. Coleridge is approximately 32.2 kilometers (20 miles) below the location of the proposed Randleman Lake dam on Deep River and approximately 37 to 38.6 kilometers (23 to 24 miles) below the US 31 1 facility crossings of Muddy Creek and tributaries to Muddy Creek (Mudd), Creek is a tributary to Deep River). The Randleman Lake dam is planned to be constructed downstream of the proposed US 311 project and upstream of the known occurrence of the Cape Fear shiner, thus providing an impenetrable barrier between the known population and areas directly and indirectly impacted by the US 311 project. The Cape Fear shiner typically occurs in moderate-sized streams characterized by slow to moderate current. with intermittent pools and riffles, and substrate consisting of gravel, cobble, and boulders. ' The only stream impacted by the US 311 project that matches these criteria is Back Creek, which is a tributary to the Yadkin/Pee Dee Basin and therefore not a candidate for supporting the Cape Fear shiner. Therefore, the US 311 protect would not effect the Cape Fear shiner. ' BIOLOGICAL CONCLUSION: NO EFFECT A letter of concurrence from the USFWS was issued stating that they concur with the determination that the proposed action is not likely to impact either the Schweinitz's sunflower or the Cape Fear ' shiner. Therefore the requirements of Section 7 of the Endangered Species Act of' 1973 have been satisfied. A copy of this letter, dated April 7, 1998, is included in the Appendix. 5 VI. WETLAND FINDING In accordance with Executive Order 11990, wetlands were given special consideration in developing and evaluating alternatives for the proposed action. Based upon the above-stated consideration, it is determined there are no practicable alternatives to the proposed new construction in wetlands and that the proposed action includes all practicable measures to minimize harm to the wetlands which may result from such use. Wetlands within the preferred corridor limits were field delineated by Environmental Services. Inc. biologists during a series of field visits beginning in December 1997 and ending in February 1998. The entire corridor was traversed and all potential wetland areas were investigated. Wetlands were identified according to the criteria and methods contained in the US Army Corps of Engineers Wetlands Delineation Manual (USACOE, 1987), supplemented by guidance provided by USACOE representative Eric Alsmeyer. Other information used includes the National List of Plant Species that Occur in Wetlands, 1988 National Summary (Reed, 1988), the Hydric Soils of the United Statcs (USDA SCS,1991). the preliminary Soil Survey of Randolph County, North Carolina (unpublished). Jurisdictional surface waters of the United States (e.g., perennial streams, intermittent streams drainageways, ponds and lakes, etc.) were also delineated. Once an area was determined to have all three wetland indicators (hydrophytic vegetation, hydric soils, and wetland hydrology), it was considered a tJSACOE jurisdictional wetland and its boundaries were identified and flagged. Wetland identification was conducted by walking the perimeter of each wetland, observing vegetation and indicators of wetland hydrology, and checking soils. Representative selections of the delineated/flagged wetlands were reviewed in the field by LJSACOI representative Eric Alsmeyer on January 15, 1998 and February 5, 1998. All jurisdictional wetlands were found to be acceptable and ready to be surveyed. The delineated wetlands were surveyed by NCDOT contractors using Global Positioning System technology in July 1998. Wetlands were incorporated in the corridor topographic mapping by NCDOT. The streams were not surveyed by NCDOT since they were already located on the topographic mapping. Of the 51 wetland sites delineated/flagged in the corridor, 10 sites were not surveyed and included in the topographic mapping. The approximate areas of these sites have been added to the wetland impact figures (See Appendix) by using aerial photography and are identified by the prefix M. Only three of these wetland areas are located within the construction limits of the project. Wetland functions are the physical, chemical, and biological characteristics of a wetland, while wetland values are those characteristics that are deemed beneficial to society. The fourth version of the Guidance for Ratim, The Values of Wetlands in North Carolina (1995) was used to perform 6 1 an assessment of the delineated/flagged vegetative wetlands within the preferred corridor. The ' resulting Wetland Score may range from 0 to 100 and indicates a wetland's water quality protection value to society. North Carolina Division of Water Quality (NCDWQ) uses the Wetland Score to help rank a wetland as being Low. Moderate, or High for protecting water quality. A wetland is ranked Low if its Wetland Score is less than 30, Moderate if its Wetland Score is 30-60 and High if the score is greater than 60. ' Functional assessments were performed on eleven wetlands throughout the corridor which were considered to be characteristic of the forested wetlands. The scores and rankings are located in 'fable 5 in the Appendix. The general functional analysis results indicate the wetland systems within the preferred corridor are I small with NCDWQ scores ranging from 16 to 60 indicating they are low to moderate in quality. The preliminary alignment for US 311 impacts 15 wetland areas totaling approximately 0.85 hectare (2.13 acres). Of these, 4 will be completely impacted while the remaining 1 I will only be partially impacted. The largest wetland impacted consists of 0.14 hectare (0.33 acre) with the remaining wetland impacts ranging from 0.01 hectare to 0.13 hectare (0.02 acre to 032 acre). The results of these analyses were presented at the September 24, 1998 Permit Review Agency Meeting for the Northern Section of the US Army Corps of Engineers (USACOF). As a result of this meeting, the preliminary design was revised to further reduce stream impacts and minimize wetland impacts (see Section VIII.,C., Agency Review Meeting). The alignment near the crossing of Muddy Creek was shifted slightly to the west to avoid impacting wetland sites 1 and 3 and to minimize impacts to the creek. This revision also reduced the number of'relocations required from the adjacent mobile home park (a reduction of 7) and provided an improved crossing of SR 1919 (Poole Rd.). The proposed grade and fill slopes on Ramp CA at the US 220 interchange were revised which reduced the length of' streams impacted by 334 meters (1096 feet) and avoided impacting wetland site M5. Impacts to the waters of the United States, including wetlands, are subject to regulation by USACOL and the Environmental Protection Agency (EPA), pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act of 1977, as amended. Permits issued by the USACOE for the placement of fill in Wetlands are often conditioned with mitigation requirements. in accordance with the 404(b)(1) Guidelines. In addition, the USACOE and EPA support the wetland mitigation policy of "no net loss of wetlands The objective of this policy is to restore and maintain the physical, chemical, and biological integrity of the "Waters of the United States" regulated by the USACOE. The 404(b)(1) guidelines defines the mitigation of impacts to wetlands and surface waters as avoidance, minimization, and compensation. The North Carolina Department of Environment and Natural Resources (NCDENR), Division of Water Quality also has authority under the Water Quality Certification program (15A NCAC 2H.0500) to require restoration at a minimum of 1:1 to the impacts. Under the Division of Water Quality's Wetland Rules, effective October 1, 1996, impacts over 0.40 hectares (1.0 acre) and within 45.7 meters (150 feet) from a body 7 of water require mitigation even though none may be required under the USACOE Nationwide Permit program. Also stream mitigation may be required under Division of Water Quality's Wetland Rules [15A NCAC 21-1.0506(b)(6)] where stream impacts exceed 45.7 meters (150 feet). When compensatory mitigation is required by the project, the NCDOT will make every effort to achieve "in kind" mitigation in order to fulfill the Federal Highway's "step down" policy. In this policy wetland compensation will be prioritized in the following order, 1) In-kind, on-site replacement, 2) In-kind off-site replacement, 3) Out-of=kind on-site replacement, 4) Out-of-kind off- site replacement, and 5) Preservation of existing wetland sites. In-kind or out-of-kind refers to the replacement of habitat, plant community, or wetland functions impacted by the proposed highway project. On-site can mean within the highway right-of-way, or within some defined radius of the project centerline, usually less than 8.0 kilometers (5 miles). Off-site is usually outside of that defined radius but within a defined service area, such as the same river basin and physiographic region as the impacts. Avoidance and minimization was emphasized during the preliminary design phase and very little wetland loss will occur. Compensatory mitigation will be provided for all unavoidable wetland and stream impacts. Few on-site opportunities are available, however restoration opportunities in or near the study area may be available. Mitigation opportunities include removal of old fill material from study area wetlands, enhancement of drainages downstream of developed areas, and preservation of reparian fringe forests through conservation easements. Another option is to combine US 31 1 mitigation with development of the proposed Randleman Reservoir. Mitigation possibilities include increasing lacustrine wetland area by removal of topsoil from areas projected to become low islands or peninsulas; increasing fringe palustrine wetland area through mechanical manipulation of reservoir shoreline to create marsh or bottomland hardwood forest systems; and increasing riverine wetland values through enhancement of tributaries to the proposed reservoir. The USACOE has concurred on Avoidance and Minimization efforts. The concurrence letter is in the Appendix. A mitigation plan will be developed during the permitting stage of the project's development Permits which may be required as part of this project include the following: NC Division of Water Quality (DWQ) Section 401 Water Quality Certification National Pollutant Discharge Elimination System (NPDES) Storm Water Certification NC Division of Forest Resources Burning Permit US Army Corps of Engineers Section 404 (Dredging or filling in US waters or wetlands) VII. FLOODPLAIN FINDING 11 1 Randolph County is a participant in the National Flood Insurance Regular Program by the Federal Emergency Management Agency (FEMA). Floodways have been delineated by FEMA for all waterways of flood significance within the county. The proposed alignment of US 311 crosses the 100-year floodplain of Muddy Creek north of SR 1919 (Poole Rd.). There is no practical alternative to crossing the floodplain since the proposed project must tie into the proposed High Point East Belt just north of Muddy Creek. The proposed alignment bridges Muddy Creek at 90-degrees and impacts to the stream and floodplain will be minor. No channel change to Muddy Creek will be required. The proposed project will not result in a significant encroachment on the floodway or the floodplain for the creek. All bridges and culverts on the project will be designed and constructed in accordance with Federal Highway Administration (FHWA) and FEMA floodway impact requirements. The project will not increase the extent or level of flood hazard risk. NCDOT will coordinate with the community and FEMA during the design phase of the project. The increase in impervious area created by the new facility is not anticipated to have any adverse effect on adjacent properties nor increase the previous flood levels of waterways along this project. Detailed flood studies will be completed during final design for all new structures located in the FEMA mapped areas. VIII. COMMENTS AND COORDINATION ' A. CIRCULATION OF ENVIRONMENTAL ASSESSMENT The Em-ironmental Assessment was circulated for review and comments to the agencies listed below. An asterisk (*) denotes those agencies that responded with written comments. Substantive comments are discussed in the following section and copies of the agency comments are included in the Appendix of this document. 1 Chairman of Randolph County Commissioners Mayor of Randleman Mayor of Archdale Mayor of High Point ' Mayor of Asheboro Piedmont Triad Water Authority *US Department of Defense, Department of the Army, Corps of Engineers *US Department of Interior, Fish and Wildlife Service *US Environmental Protection Agency *NC Department of Administration *NC Department of Cultural Resources, Division of Archives and History *NC Department of Environment and Natural Resources 9 *Division of Environmental Management *Division of Forest Resources B 2 *NC Wildlife Resources Commission COMMENTS RECEIVED ON ENVIRONMENTAL ASSESSMENT Federal Agencies US Department of the Army, Corps of Engineers Comment: "Based on the information in the environmental assessment, Alternatives A and AA would impact the least acreage of wetlands and would have the least number of stream crossings. However, Alternative C has only slightly more wetland impacts and would minimize impacts within the Watershed Critical Area for the Randleman Reservoir. Therefore, we concur that Alternative C would be the least environmentally damaging practicable alternative based on the information we know at this time and the total environmental impacts from the project." Response: None required. US Department of Interior, Fish and Wildlife Service Comment: "The EA notes (p. 55) that fragmentation and loss of wildlife habitat are unavoidable consequences of highway development on new location, and that such projects will result in increased road kills of transient species. The Service concurs with this assessment. In order to minimize these adverse impacts we recommend that the proposed project contain design features to facilitate the passage of amphibians, reptiles, and small mammals. Design provisions for animal passage should not be limited to waterway culverts and bridges. Exhibit 14 indicates that all build alternatives would parallel, to some extent, the expanded wetland corridor along Muddy Creek after the creation of the Randleman Reservoir. Such wetlands would provide valuable wildlife habitat and the proposed freeway should not block access to these areas for wildlife in the area." Response: NCDOT recognizes the need for such passage structures to prevent new highways from acting as barriers against animal movements between required habitats. NCDOT has been supporting regional/national seminars during the last couple of years studying solutions to the barrier problem. More recently the Department has proposed a research project to investigate this issue and develop guidelines. Lacking specific guidelines, the NCDOT believes the provision of special animal passages is inappropriate for this project at this time. 10 F ' Comment: "The EA discusses (p.62) the avoidance and minimization of wetland impacts. In general the Service supports the measures mentioned in the document such as the reduction of fill ' slopes, the reduction of canopy removal in and near floodplain systems, and reduced median width through wetlands. However, any Finding of No Significant Impact (FONSI) for the project should provide specific design features which would actually be employed to minimize wetland impacts." Response: Efforts to avoid and minimize wetland and stream impacts were made in the development of the preferred alignment during the preliminary design of the project. The design was further revised to reduce unavoidable impacts as discussed in Section VIII, C, Permit Agency Review Meeting. The horizontal and vertical alignment of Ramp CA of the US 220 interchange was revised along with the inside fill slopes to reduce stream impacts by 334 ' meters (1096 feet). The proposed alignment near the crossing of Muddy Creek was also adjusted to avoid impacts to two wetland areas. ' Comment: "The Service believes that the complete absence of a compensatory mitigation plan precludes an adequate assessment of long-term impacts on wetlands. Since present options range from restoration to preservation, the net impact of the project currently ranges from a possible increase in wetlands (all restoration) to a permanent loss of 11-13 wetland acres (all preservation). Potential compensatory wetlands presumably range from exact in-kind ' replacement to complete out-of-kind replacement. The Service would have serious reservations on the adequacy of any FONSI which did not discuss the type of compensation [creation, restoration, enhancement, and the kind of compensation (in-kind versus out-of- kind)]. Therefore, the Service recommends that the NCDOT determine the long-term impacts of the project on wetland functions and value prior to the issuance of a FONSI." ' Response: The avoidance and minimization of wetland impacts during the preliminary design phase resulted in the project impacting 0.85 hectare (2.13 acre) of wetlands. The wetland areas vary in size from 0.01 hectare (0.02 acre) to 0.13 hectare (0.32 acre). Specific wetland impacts and mitigation planning will be addressed during the permitting stage of the project. ' Comment: "The EA states (p. 65) that the nearest known population of the Cape Fear shiner is approximately 30 miles downstream from the project site. The EA notes (p. 64) that "present" distribution is based on data from 1988. Based on available data, the EA states (p. 65) that the project would have no effect on this species. However, if suitable habitat would ' be impacted by the project and no significant barriers exist between the known population and the project area, a determination based on nine year old data would be questionable. 11 by NCDOT. Such support may not require field surveys, but should include: 1. A comparison of stream habitat to be impacted by the project with the habitat utilized by the species; 2. A consideration of the habitat between the know population in Randolph County and the project site with a discussion of possible barriers to the upstream movement of' the species; 3. An indication that the 1988 distribution data are the most accurate accounts available and that any field surveys in the 1990's, such as work associated with the proposed Randleman Reservoir, have failed to find the species outside the known location." Response: Information concerning the Cape Fear shiner (Nolropis tnekistochlas), as included in the EA, was derived from 1988 survey data. Since that time, a biological assessment associated with the proposed Randleman Lake (Biological Assessment,for Randleman Lake: Randolph and Guilford Counties, North Carolina, Ccrrler and Heiman 1993) has been conducted which includes a survey for the shiner in the US 311 project area. Field work, including fish collections, was conducted during 1992 and 1993. These surveys found no evidence of the Cape Fear shiner in the US 311 or Randleman Lake project areas, and resulted in a finding of no impact concerning this species. The closest documented occurrence of the Cape Fear shiner to the US 31 1 project area has been documented by the N.C. Wildlife Resources Commission in the Deep River near the community of Coleridge in southeastern Randolph County. Coleridge is approximately 32.2 kilometers (20 miles) below the location of the proposed Randleman Lake dam on Deep River and approximately 37 to 38.6 kilometers (23 to 24 miles) below the US 31 1 facility crossings of Muddy Creek and tributaries to Muddy Creek (Muddy Creek is a tributary to Deep River). The Randleman Lake dam is planned to be constructed downstream of the proposed US 311 project and upstream of the known occurrence of the Cape Fear shiner, thus providing an impenetrable barrier between the known population and areas directly and indirectly impacted by the US 311 project. The Cape Fear shiner typically occurs in moderate-sized streams characterized by slow to moderate current, with intermittent pools and riffles, and substrate consisting of gravel, cobble, and boulders. The only stream impacted by the US 311 project that matches these criteria is Back Creek, which is a tributary to the Yadkin/Pee Dee Basin and therefore not a candidate for supporting the Cape Fear shiner. 12 Comment: "For the reasons stated above, the Service would not concur with a FONSI for this project. Additional information is needed on the overall impacts to wetlands and the federally- protected species in the project area." Response: See responses above concerning wetland impacts and federally protected species. ' 3. US Environmental Protection Agency Comment: "Although the EA states that the construction time is of a relatively short-term nature, an estimate of the construction time would help document the magnitude of the impacts. In addition. all construction equipment should be equipped with noise attenuation devices such as mufflers and insulated engine housings." Response: The project will likely be constructed in sections and will require several years to complete. ' The NCDOT Standard Specifications for Roads and Structures.July 1995, (Sections 107-1 and 108-5), requires the contractor to comply with all applicable federal, state, and local laws, ordinances regarding the use of equipment. Also the NCDOT can require the removal ' of unacceptable equipment from the construction site. Comment: "We also add that if the project is implemented. and if archaeological finds are unearthed during construction, the work at that site must stop until the SHPO approves its continuation." Response: This is required by NCDOT's Standard Specifications for Roads and Structures. July 1995. (Section 225-3). Comment: "Environmental Justice (EJ) While an E.1 concern may not exist for this project. the EA should provide census data for the State, county, and census block group (if available) for ' comparison against the proposed percentage of minority and low-income relocations." Response: This data is included in the discussion under Section IV.A.1. of the Environmental Assessment. Comment: "Page 74 discusses dust control during construction. Periodic watering of temporary roads 13 and staging areas is recommended for controlling fugitive dust. We strongly discourage use of oil solutions for dust control." 4 5 Response: Dust control is required by NCDOT's Standard Specifications for Roads and Structures, July, 1995, (Section 107-13E). State and Local Agencies NC Department of Environment and Natural Resources Division of Forest Resourc Comment: "We could not find any provisions in the document to ensure that the ROW contractor will attempt to salvage all wood products including chips. Salvage of all forest products should be done, if at all possible." Response: NCDOT supports the salvage of wood products removed from the proposed right-ol=way; however, the NCDOT's Standard Specifications for Roads and Structures. July, 1995, (Section 200-5) states that "all timber cut during the clearing operations is to become the property of the Contractor, and shall be either removed fi-om the project or else shall be satisfactorily disposed of as hereinafter provided." Division of Water Quality Comment: "In order for DWQ to fully endorse NCDOT's specific project alignment, once an alternative is selected, the FONSI should provide more detailed information with respect to the following subjects: Minimization of wetland and stream impacts - NCDOT is proposing construction of a four- lane divided highway with a 70-foot median and full control of access. In the Wetland Mitigation discussion (page 62), NCDOT states, "Reduction of fill slopes, canopy removal in or near floodplain systems, and median widths at stream/wetland crossings will reduce unnecessary wetland losses." NCDOT should provide details of these minimization measures once a preferred alternative is selected. In particular, NCDOT should specify the median widths through wetland areas. In correspondence dated October 26, 1995, DWQ requested that NCDOT study a 46-foot median through wetland areas. 14 [-I U Response: Avoidance and minimization of wetland impacts were emphasized in the development of the preferred alignment and are discussed in Section VI, Wetland Finding. During the final design and permit application process additional measures to reduce wetland impacts will be investigated. The wetland sites impacted by the project are small in area and scattered along the length of the project. The reduction of the median width from 21 meters (70 feet) to 14 meters (46 feet) would result in only minor reductions in the overall total project wetland impacts. Since the project is part of the Interstate Highway System, the wider median is more desirable from a safety standpoint. Comment: "Quantification of stream impacts - NCDOT has provided a diagram showing all streams within the study area, along with specific dimensions of each stream. When an alternative is selected, NCDOT will be able to provide approximate linear distances of stream impacts. If culverts and/or stream relocations exceed 150 feet linear distance of stream charmel at any stream crossing, stream mitigation may be required in accordance with DWQ Wetland Rules { 15A NCAC 2H.0506(b)(6); . In such a case, a comprehensive stream mitigation proposal should be included in the FONSI or application for 401 Water Quality Certification." Response: The approximate linear distances of stream impacts are listed in fable 3 in the Appendix. A comprehensive stream mitigation proposal will be provided in the application for 401 Water Quality Certification. I t Comment: "Wetland miti,ag lion - The EA includes a thorough list of potential wetland impact areas associated with the study area. NCDOT has made significant efforts to avoid wetland areas by placing corridors on upland ridges. Each corridor is wide enough to allow further refinement of roadway and intersection locations to avoid and minimize impacts. NCDOT should provide a wetland map in the FONSI showing all wetlands to be impacted by the selected alternative. If total project impacts will exceed one acre. mitigation will be required in accordance with DWQ Wetland Rules {15A NCAC 2H.0506(h)(2)}. We encourage NCDOT to study minimization measures very carefully. If the wetland impacts can be reduced to one acre or less, then DWQ will not require mitigation." Response: Maps are attached in the Appendix showing the wetland areas impacted by the project. Also included are tables summarizing the impact areas of the wetlands and surface waters. Comment: " DWQ asks NCDOT to stipulate that borrow material will be taken from upland sources in the construction contract awarded for this project. This should be included in a list of 15 t environmental commitments in the FONSI." Response: This has been included in the list of environmental commitments for the project. Comment: "DWQ asks NCDOT to ensure that the sediment and erosion control measures are not placed in wetlands. This commitment should be incorporated into the construction contract awarded for this project." Response: This has been included in the list of environmental commitments for the project. Comment: "NCDOT should also commit to using Design Standards in Sensitive Watersheds (15A NCAC 04B .0024), plus High Quality Storm Erosion Control Measures. These standards should be implemented at all stream crossings currently or potentially designated as Water Supplies, and throughout the roadway portions of the project located in any Watershed Critical Area." Response: This has been included in the list of environmental commitments for the project. Comment: "All of the streams within the study area are currently designated as Class C waters, with the exception of Back Creek and its tributaries, which are classified WS-I1. Muddy Creek and its tributaries will be classified as Water Supply systems when the Randleman Reservoir is created. Hazardous Spill Catch Basins should be installed at all crossings of Muddy Creek. Back Creek and any of their associated tributaries. The number of catch basins should be determined by the design of stream crossings, so that runoff water would enter said basin(s) rather than directly flowing into the stream." Response: The location and design of Hazardous Spill Basins will be determined during the final hydraulic design studies for the project in accordance with NCDOT's Guidance for the Location and Design of Hazardous Spill Basins,July 1996. This policy states that basins will be provided at stream crossings on highways functionally classified as a rural or urban arterial and the stream is identified as an Outstanding Resource Water or a WS-1 water supply, or the stream crossing is within 0.8 kilometer (0.5 mile) of the critical area of a water supply source classified as WS-I1, WS-III and WS-IV. This has been included in the list of environmental commitments for the project. 16 Comment: "NCDOT states that a number of small farm ponds occur throughout the study area. DWQ is developing a pond policy in accordance with 15A NCAC 2H.0506(b). The policy is currently undergoing internal review within our agency, and may be in effect prior to the construction date of this project. With this in mind, we suggest that NCDOT address impacts to ponds in the FONSI." Response: An effort was made during the development of the preferred alignment to minimize impacts to area ponds as much as possible while still maintaining the minimum design criteria of the project. The minimization efforts resulted in total unavoidable impacts to ponds of 0.73 hectare (1.811 acres). 6. N.C. Wildlife Resources Commission Comment: "The EA provides adequate information regarding the environmental impacts of the build alternatives. Based on the information provided we recommend alternative A as the preferred alternative. However, we could also support alternative C if measures were implemented to maintain wildlife passage and wetland and stream impacts were minimized to the maximum extent practicable." Response: The bridging of Muddy Creek will facilitate the passage of wildlife. NCDOT will investigate to determine if measures are feasible to provide for wildlife passage at other stream crossings. Efforts to avoid and minimize wetland impacts are addressed under Section V1. Wetland Finding. t B. Public Hearing A public hearing was held for the project on June 26, 1997 at 7 p.m. in the Randleman Fligh School auditorium. Prior to the hearing a pre-hearing informational meeting was held in the New Market Elementary School gymnasium on June 19, 1997. The pre-hearing meeting and the public hearing were advertised through a public mailing and in the local news media. The meetings were conducted by NCDOT and included explanations of handouts and display maps, the purpose of the hearing, current project status, proposed project design right-of-way 1 requirements and acquisition procedures. Approximately 200 people attended the pre-hearing meeting. The majority of the questions pertained to potential impacts to individual properties and were addressed at the meeting. 17 Approximately 200 people attended the public hearing with 17 making comments. The majority of the comments were in support of Corridor AA. The City of Randleman, Randleman Chamber of Commerce, and Randolph County Commissioners also endorsed Corridor AA. Corridor C was endorsed by the City of Asheboro. All comments are available for review at NCDOT offices in Raleigh, North Carolina. The City of Randleman has subsequently changed its position and has stated the City would oppose any action to re-establish Corridor AA as the Interstate 74 route. (See comments in Appendix). C. Permit Agency Review Meeting The preliminary design for the US 311 project was presented on September 24, 1998 at the Permit Agency Review Meeting. The results of the wetland delineation were presented and are attached in the Appendix. The wetland avoidance and minimization measures considered in developing the preferred alignment of US 311 were also discussed. The agencies asked NCDOT to review the design of the interchange at US 220 to determine if stream impacts resulting from the construction of Ramp CA could be reduced. The design resulted in 700 meters (2296 feet) of streams being impacted by the fill required for Ramp CA. Subsequent investigations determined that the length of stream impacts could be reduced to 366 meters (1200 feet) by adjusting the grade and reducing the inside fill slope from 4:1 to 2:1. The preliminary design was revised to reduce the stream impacts. This revision also avoided impacts to the wetland site M 5. The agencies also asked if the alignment at Muddy Creek could be shifted more to the west to avoid impacts to wetland site 1 and minimize impacts to Mudd}, Creek. This alignment shift was investigated and found to be feasible; however, it will require a minor revision in the alignment of the adjoining project R-609. The preferred alignment was revised and it eliminates the impacts to wetland sites 1 and 2 and minimizes the impacts to Muddy Creek. The revised alignment also reduces the required number of relocations from the adjacent mobile home park and provides an improved crossing of SR 1919 (Poole Rd.). The revised alignment reduces the total wetland impacts of the project to 0.85 hectare (2.13 acres). IX. ONLY PRACTICABLE ALTERNATIVE FINDING Executive Order 11990 (23 CFR 771,125(a)(1)) states that federal agencies shall avoid direct or indirect support of new construction in wetlands wherever there is a practicable alternative. The 18 subject project will impact approximately 0.85 hectare (2.13 acres) of vegetated wetlands and approximately 0.73 hectare (1.81 acres) of surface water area. No practicable alternative to this wetland taking exists because: 1. The No-Action alternative would allow traffic congestion along the existing roadway to continue. 2. Construction of any of the other alternatives under consideration resulted in greater impact to wetlands. Mitigation is recommended in accordance with Section 404(b)(1) guidelines of the Clean Water Act (40 CFR Z30), FHWA Stepdown Procedures (23 CFR 777. 1 et. seq.) and mandates expressed in Executive Order 11990. NCDOT has incorporated with this project all practicable measures to minimize harm to wetlands. NCDOT will use best management practices in the construction of this project to insure that the least amount of wetland as practicable will be impacted. Based on the above, it is determined that there is no practicable alternative to the proposed new construction. I X. FINDING OF NO SIGNIFICANT IMPACT Based upon a study of the proposed project documented in the Environmental Assessment, and upon comments received from federal, state, and local agencies, and the public, it is the finding of the North Carolina Department of Transportation and the Federal Highway Administration that the project will not have a significant impact upon the human environment. Therefore, an environmental impact statement or further environmental analysis will not be required. L_l t 1 19 ' o O m cl a ?'n Z ? CD C> 0 J? rX v m A CD n o I ?r a = r r z s a z m N O N Y a r m .- c N CD C> ?1 = _ z M os =? D D r N --i ° ran o m ao cz ? z P? D -? a C m N o a) CD 0 ?& I; s II ^?? r 61 -i oli a a? d Sq £141 so yA Z sR ? ? 0 m m r t 1 t t t APPENDIX t it t P 1 I t DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Planning Services Section October 15, 1997 1 Mr. H. Franklin Vick, P. E., Manager Planning and Environmental Branch North Carolina Division of Highways Post Office Box 25201 Raleigh, North Carolina 27611-5201 Dear Mr. Vick: This is in response to your letter of April 25, 1997, requesting our comments on " the Federal Environmental Assessment for US 311, From High Point East Belt to US 220, Randolph County, Federal Aid Project No. NHF-311(3), State Project No. 8.1571501, T.I.P. No. R-2606" (Regulatory Branch Action I.D. No. 199506088). Our comments involve impacts to flood plains and jurisdictional resources, which ' include waters, wetlands, and U.S. Army Corps of Engineers projects. The proposed roadway improvements would not cross any Corps-constructed flood control or navigation project. Enclosed are our comments on the other issues. We appreciate the opportunity to comment on this project. If we can be of further assistance, please contact us. Sincerely, ;.James H. Bradley, P.E. Chief, Technical Services Division Enclosure O ECG/? . z 01VIS 199,7 'F yl ???0 ?cF T t t 1 October 15, 1997 Page 1 of 2 U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT, COMMENTS ON: "Federal Environmental Assessment for US 311, From High Point East Belt to US 220, Randolph County, Federal Aid Project No. NHF-311(3), State Project No. 8.1571501, T.I.P. No. R-2606" (Regulatory Branch Action I.D. No. 199506088) 1 1. FLOOD PLAINS: -POC - Mr. Bobby L. Willis, Special Studies and Flood Plain Services Section, at (910) 251-4728 The proposed project is located in Randolph County, which participates in the National Flood Insurance Program. From a review of Panel 43 of the July 1981 Randolph County Flood Insurance Rate Mnp, the ccrnmon,_ecti-,n of n!; 1?rcc pr3pas:;d rvui. cordduis would Goss a detailed study portion of Muddy Creek, which has 100-year flood elevations determined and a floodway defined. This crossing is noted on page 67 of the Environmental Assessment (EA) ' and shown in Appendix E. We refer you to the Federal Emergency Management Agency's "Procedures for 'No Rise' 1 Certification for Proposed Developments in Regulatory Floodways," copies of which have been provided to your office previously. A reasonably thorough discussion of flood plain impacts is contained in the EA. In addition to working with the Federal Emergency Management Agency 1 on any possible map and flood insurance report changes, we also suggest coordination with the county to ensure compliance with their flood plain ordinance. 2. WATERS AND WETLANDS: POC - Mr. Eric Alsmeyer, Raleigh Field Office, Regulatory Branch, at (919) 876-8441, Extension 23 Review of the project indicates that the proposed work involves the discharge of excavated or fill material into waters and wetlands. Affected water bodies include Muddy Creek, Caraway Creek, and Back Creek, and unnamed tributaries to the Deep River, above headwaters (as defined for regulatory purposes.) Prior Department of the Army permit authorization, oursuant to Section 404 of the Clean Water Act of 1977, as amended, will be required for the dig charge of excavated or fill material into waters and/or wetlands in conjunction with this project, including the disposal of construction debris. Under our mitigation policy, impacts to wetlands should first be avoided or minimized. We will then consider compensation or mitigation for unavoidable impacts. As plans for impacts to waters of the United States, including wetlands, become more definite, our Regulatory Branch will review these plans for a project-specific determination of Department of the Army permit requirements. It is probable that the proposed work would require an individual Department of the Army permit. October 15, 1997 Page 2 of 2 U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT, COMMENTS ON: "Federal Environmental Assessment for US 311, From High Point East Belt to US 220, Randolph County, Federal Aid Project No. NHF-311(3), State Project No. 8.1571501, T.I.P No. R-2606" (Regulatory Branch Action I.D. No. 199506088) 2. WATERS AND WETLANDS: (Continued) Section 404 of the Clean Water Act of 1977, as amended, regulates the discharge of excavated and/or fill material into waters of the United States. The Corps of Engineers must assess the impacts of such activities on the aquatic environment prior to issuing Department of the Army rArmA,lfhcri=tion of cquatlc 5:: aGtiwitiea requires ihai the project be water dependent and/or that no practicable alternatives are available. Our initial review emphasis for NCDOT projects will focus on the impacts to waters and/or wetlands. However, if degradation to other aspects of the natural environment (e.g., habitat of endangered species) is considered to be of greater concern, an alternative resulting in greater aquatic losses may be chosen as preferred. In all cases, and in accordance with the Memorandum of Agreement between the U.S. Environmental Protection Agency and the Corps, the sequencing process of avoidance, minimization, and compensatory mitigation of unavoidable wetland impacts will be satisfied prior to the final permit decision. A Department of the Army permit will not be issued until a final plan for compensatory mitigation is approved, if required. Based on the information in the environmental assessment, Alternatives A and AA would impact the least acreage of wetlands and would have the fewest stream crossings. However, Alternative C has only slightly more wetland impacts and would minimize impacts within the Watershed Critical Area for the proposed Randleman Reservoir. Therefore, we concur that Alternative C would be the least environmentally damaging practicable alternative based on the information we know at this time and the total environmental impacts from the project. Based on the comment letters from the review agencies on the Environmental Assessment, there is agency consensus that Alternative C is the least environmentally damaging practicable alternative. The North C:erniins Wildlife Resnorrps Commission emphasizes that the plan should include measures to maintain wildlife passage and to minimize wetland and stream impacts to the maximum extent practicable. Questions or comments pertaining to permits may be directed to Mr. Alsmeyer. 11 r t 11 1 r 11 DEPARTMENT 05 THE ARMY f WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1690 WILMINGTON, NORTH CAROLINA 28402-1690 ' NAEPYPZI:;FTO Mi:irch 5, 1999 Regulatory Division Action ID No. 199506088, TIP No. R-2606 William D. Gilmore, P.E., Manager ' Project Development and Environmental Analysis 6rar.ch North Carolina Department of Transportation Division of Highways Post Office Box 25201 Raleigh, North Carolina 27611-5201 Dear Mr. Gilmore: Reference the project team meeting oid on January 8, 19°9, and your February 12, 1999 letter, on the North Carolina uct u:? X11 Department of Transportation (NCDOT) p' pG on new location between the High Point EasL Belt and 05 220, in Randolph County, North Carolina (TIP No. R-2606). The purpose of the project team meeting was to obtain concurrence from the project team on irrrpact minimization (concurrence point 44). Information provided at the meeting and in your letter describes efforts to avoid and minimize wetland and stream impacts. Based on the information availar=-e at this to-me, including the information provided at the project ream meeting and ir. your letter, we support your minimization efforts to reduce impacts to regulated waters of the United States. As your planning process continues, please be reminded that avoidance and minimization of impacts to waters and wetlands should still be undertaken Lo the maximum extent practicable. Our concurrence on this lssl,:e will be contingent on information obtained during our public interest review process. We anticipate that the NCDOT's final project design will. incorporate the minirniaation measures that were discussed. We encourage NCDOT to prepare and submit compensatory wetland and stream mitigation plane for our approval as early as possible. As you are aware, the mitigation plans must be approved in advance of issuance of the Section 404 permit for this project. AS a cooperating agency, we appreciate the opportunity to coordinate with your staff prior to the finalization of tho VONSI. If you have any questions regarding our comments or correspondence associated with this project, please do not hesitate to me at telephone (919) 8%6-8441, extension 23. Sincerely, Eric C. Alsmeyer Regulatory Project Manager Copies Furnished: Mr. John Dorney Division of Water Quality North Carolina Department of EnvirorrmenL and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. Roy Shelton Federal Highway Administration 310 New Bern Ave. , Rm 410 Raleigh, North Carolina 27601-1442 2 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 June 6, 1997 JUN 1 3 i997 Mr. H. Franklin Vick Manager, Planning and Environmental Branch Division of Highways n^? • ;% N. C. Department of Transportation Post Office Box 25201 Raleigh, North Carolina 27611-5201 I Dear Mr. Vick: ' This responds to your letter of April 25, 1997, requesting comments from the U.S. Fish and Wildlife Service (Service) on the Environmental Assessment (EA), dated March 31, 1997, for the US 311 from High Point East Belt to US 220 Project, (TIP No. R- 2606), Randolph County, North Carolina. This report is provided in accordance with provisions of the Fish and Wildlife Coordination Act (16 U.S.C. 661-667d) and Section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543). According to the EA, the North Carolina Department of Transportation (NCDOT) proposes to construct a multilane freeway on new location from the US 311-High Point East Belt to US 220 northwest of the Town of Randleman. The relocated US 311 would 1 become part of the proposed Interstate highway (I-74). Depending on the final alignment, the project would be 7.8 to 9.0 miles in length. Purpose and Need Section II of the EA addresses the purpose and need of the project. The Service believes that the material in this section should be reorganized to reflect the planning process envisioned ' by the National Environmental Policy Act (NEPA). The present EA starts with the assumption that the proposed multilane freeway will be constructed and proceeds to discuss the problems which . the highway would alleviate. The first section notes that the freeway would reduce travel time, allow through travel to avoid congestion, and reduce the potential for accidents. This 1 presentation suggests that all other alternatives, which are considered later in the document, should be rejected because the freeway on new location has already been selected. The Service recommends that the Purpcse and Need Statement (PNS) present a clear analysis of the transportation problems in the project area without any reference to the preferred build alternative. The PNS should start with a discussion of traffic congestion, safety issues, and any other problems which require action. This discussion should be followed by a statement regarding the purpose of the project without any reference to a specific construction project. At this point in the EA, a wide range of possible solutions such as transportation systems management, mass transit, and a range of build/upgrade alternatives should have an equal standing. The PNS should not conclude with a determination of a preferred alternative. Alternatives Analysis Section III of the EA discusses the alternatives for the project. This section should follow up on the PNS and consider the ability of each alternative to fulfill the project purpose, and the results of this analysis should lead to the selection of a preferred alternative. As noted, much of this section is meaningless since the PNS states (p. 4) that the proposed action is ". . . to construct a multilane freeway on new location ." Considering only the construction of a freeway on new location, the EA does present an adequate number (4) of potential routes. The presentation of data in Table 8 (pp. 17-18) is very useful in evaluating the impacts of the two upgrade and four new location alternatives. Design Features and Construction Techniques The EA notes (p. 55) that fragmentation and loss of wildlife habitat are unavoidable consequences of highway development on new location, and that such projects will result in increased roadkills of transient species. The Service concurs with this assessment. In order to minimize these adverse impacts we recommend that the proposed project contain design features to facilitate the passage of amphibians, reptiles, and small mammals. Design provisions for animal passage should not be limited to waterway culverts and bridges. Exhibit 14 indicates that all build alternatives would parallel, to some extent, the expanded wetland corridor along Muddy Creek after the creation of the Randleman Reservoir. Such wetlands would provide valuable wildlife habitat and the proposed freeway should not block access to these areas for wildlife in the area. Wetlands The EA discusses (p. 62) the avoidance and minimization of wetland impacts. In general the Service supports the measures I 11 t t 1 ?J mentioned in the document such as the reduction of fill slopes, ' the reduction of canopy removal in and near floodplain systems, and reduced median widths through wetlands. However, any Finding of No Significant Impact (FONSI) for the project should provide specific design features which would actually be employed to minimize wetland impacts. 1 Data in the EA indicate that some unavoidable wetland losses would occur. Table 20B (p. 59) shows that losses range from 11.3 acres (Alternative A) to 12.7 acres (Alternative C). While the I EA notes that compensatory mitigation is recommended, there is no plan for replacing lost wetland functions and values. The EA does note some potential mitigation "opportunities", including restoration, enhancement, and preservation of riparian fringe forests through conservation easements. There also appears to be a possibility to compensate project losses in conjunction with compensation for the Randleman Reservoir. While the Service would need to evaluate a detailed compensation plan, the concept of a combined compensation effort may be worthwhile. The Service believes that the complete absence of a compensatory mitigation plan precludes an adequate assessment of long-term impacts on wetlands. Since present options range from restoration to preservation, the net impact of the project currently ranges from a possible increase in wetlands (all restoration) to a permanent lost of 11-13 wetland acres (all preservation). Potential compensatory wetlands presumably range from exact in-kind replacement to complete out-of-kind replacement. The Service would have serious reservations on the ' adequacy of any FONSI which did not discuss the type of compensation (creation, restoration, enhancement, and/or preservation), the location of compensatory wetlands, and the kind of compensation (in-kind versus out-of-kind). Therefore, the Service recommends that the NCDOT determine the long-term impacts of the project on wetland functions and values prior to the issuance of a FONSI. Section 7 Randolph County is known to contain two federally-protected species. These are the Cape Fear shiner (Notropis mekistocholas) and Schweinitz's sunflower (Helianthus schweinitzii). Both species are listed as endangered. The EA states (p. 65) that the nearest known population of the Cape Fear shiner is approximately 30 miles downstream from the project site. The EA notes (p. 64) that "present" distribution is based on data from 1988. Based on available data, the EA states (p. 65) that the project would have no effect on this ' species. However, if suitable habitat would be impacted by the 1 I project and no significant barriers exist between the known population and the project area, a determination based on nine year old data would be questionable. Therefore, the Service believes that there should be a stronger support for this determination by the NCDOT. Such support may not require field surveys, but should include: 1." a comparison of stream habitat to be impacted by the project ' with the habitat utilized by the species; 2. a consideration of the habitat between the known population ' in Randolph County and the project site with a discussion of possible barriers to the upstream movement of the species; and, 3. an indication that the 1988 distribution data are the most accurate accounts available and that any field surveys in the 1990s, such as work associated with the proposed Randleman Reservoir, have failed to find the species outside the known location. The EA notes (p. 65) that possible habitat for Schweinitz's sunflower exists within the project corridor, and that field surveys will be conducted within such appropriate habitat after the preferred alternative is selected. The Service has consistently recommended that field data on the presence of federally-protected should be used in the selection of a preferred alternative. The selection of a preferred alternative prior to the collection of field data can lead to problems if field surveys find protected species in the selected corridor. Furthermore, the purpose of an EA is to document the environmental impacts of a proposed project. The complete absence of data on this federally-endangered plant precludes such an assessment. Based on the need for additional data, the Service requirements of Section 7 have not been fulfilled. that any FONSI for the project address impacts on protected species. Closing finds that the We recommends ' federally- Based on the absence of data for federally-protected species the Service cannot state a preference for a particular corridor. However, if additional information shows that federally protected species would not be adversely affected by any of the three ' corridors (A, AA, and C) under consideration, the Service supports the selection of Alternative C. This preference is based primarily on the fact that this alternative would be farther from the tributaries of the Deep River near Randleman. ' However, the Service retains the right to recommend other alternatives if data not contained in this EA become available and to provide comments on the final alignment on the highway within the corridor selected. For the reasons stated above, the Service would not concur with a ' FOnI for this project. Additional information is needed on the overall impacts to wetlands and federally-protected species in the project area. The Service appreciates the opportunity to comment on this project. Please continue to advise us of the progress made in the planning process, including your official determination of ' the impacts of this project. If you have any questions regarding these comments, please contact Howard Hall at 919-856-4520, ext. 27. Sincerely, A ohn M. tfner Supervisor I cc: Frank McBride, NCWRC, Northside, NC John Dorney, NCDWQ, Raleigh, NC Nicholas Graf, FHWA, Raleigh, NC Melgaard, US EPA, Atlanta, GA ' Charles Bruton, NCDOT, Raleigh, NC FWS/R4:HHall:6/6/97:WP:A:ranr2606.697 u United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 April 7, 1998 H. Franklin Vick, P. E., Manager Planning and Environmental Branch North Carolina Department of Transportation PO Box 25201 Raleigh, NC 27611-5201 s \v,Ed v,`?/5J ?1 SUBJECT: US 311 from High Point Eastbelt to US 220, Randolph County, NC; R-2606, Federal Project # NHF-311(3) ATTN: Tom Kendig, Project Manager Dear Mr. Vick: The U.S. Fish and Wildlife Service (Service) has reviewed your March 26, 1998 letter for the above-referenced proposed project in Randolph County, North Carolina. Our comments are provided in accordance with Section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). 1 Based on the information provided, the Service concurs that this project is not likely to adversely affect Schweinitz's sunflower, the Cape Fear Shiner, or any other federally-listed species and their formally designated critical habitat, under the Endangered Species Act, as amended. t We believe that the requirements of Section 7 of the Act have been satisfied. We remind you that obligations under Section 7 consultation must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner that was not considered in this review; (3) a new species is listed or critical habitat determined that may be affected by the identified action. If you have any questions regarding this matter, please contact Candace Martino at 919-856-4520 ext. 18. Thank you for your continued cooperation with our agency. Sincerely, John M. He ner Field Supervisor FWS/R4:CMartino:cm:4-7-98:919-856-4520:WP51\NCDOT\3llRand.NE t 1 1? t t 1 1 e i J?,Ito ST'4." A UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 4 ATLANTA FEDERAL CENTER 100 ALABAMA STREET, S.W. ;??T1c Pa01to ATLANTA, GEORGIA 30303-3104 4EAD/rkm t Mr. H. Franklin Vick, P.E., Manager Planning and Environmental Branch N.C. Division of Highways P.O. Box 25201 Raleigh, NC 27611 June 16, 1997 RE: EPA review of Environmental Assessment for US 311 from High Point East Belt to US 220, Randolph County Federal Aid Project No. NHF-311(3); State Project No. 8.1571501 Dear Mr. Vick: GEf .. y ?,UN 1 8 1997 ' Pursuant to Section 309 of the Clean Air Act, the U.S. Environmental Protection Agencv (EPA) has reviewed the above-referenced Environmental Assessment (EA). The document provides information to educate the public regarding general and project-specific environmental ' impacts and analysis procedures. We appreciate your consistency with the public review and disclosure aspects of the National Environmental Policy Act (NEPA) process. The proposed action is to construct a multilane freeway on a new location from the US ' 311, High Point East Belt to US 220 in Randolph County. The need for the project is based on expected traffic flow and safety benefits. ' ? Noise - EPA appreciates the inclusion of the section on construction noise. Although the EA states that the construction time is of a relatively short-term nature, an estimate of the 1 construction time would help document the magnitude of the impacts. In addition, all construction equipment should be equipped with noise attenuation devices such as mufflers and insulated engine housings. No quantitative data are given for predicted noise level increases for the project. However, information regarding noise barriers and noise abatement measures are shown. We wish to emphasize that because noise abatement is difficult, the greatest emphasis should be placed on alignment shifts as a method to minimize noise impacts (i.e., avoidance may be more effective than mitigation). ' ? Biotic Resources - Are there endangered species within the project area that will be affected by the project? If so, measures to minimize impact on these species would be appropriate. ? Cultural Resources - EPA notes NCDOT's coordination with the State Historic Preservation Office (SHPO) regarding cultural resources. Concurrence on NCDOT survey determinations ' RecycledlRecyclable • Printed with Vegetable Oil Based Inks on 1007° Recycled Paper (40% Postconsumer) 2 1 were well documented. We also add that if the project is implemented, and if archaeological finds are unearthed during construction, the work at that site must stop until the SHPO approves its continuation. ? Environmental Justice (EJ) - While an EJ concern may not exist for this project, the EA ' should provide census data for the state, county, and census block group (if available) for comparison against the proposed percentage of minority and low-income relocations. Once finalized, the percentage of minority relocations can be determined for comparison (as an impact) , against the above census data. Areas of concern would be if most of the impacted residents were minorities or low-income residents. This same kind of comparison should also be made for the numerous families (and to a I lesser extent businesses) that would be impacted'affected by the above-discussed highway noise, i.e., will noise impacts disproportionately affect minorities and low-income populations relative to the state, county, and block group census percentages? ? Air Ouality - Page 74 discusses dust control during construction. Periodic watering of , temporary roads and staging areas is recommended for controlling fugitive dust. We strongly discourage use of oil solutions for dust control. Thank you for the opportunity to comment on this project. If you have any questions ' about these comments, please contact Ramona McConney of my staff at (404) 562-9615. Sincerely, Heinz J. Mueller, Chief Office of Environmental Assessment North Carolina Department of A ' 'r James B. Hunt, Jr., Governor Mr. Whit Webb N.C. Dept. of Transportation Program Development Branch 1 Transportation Building Raleigh, NC 27603 Dear Mr. Webb: June 3, 1997 A l 1. •? i i dCatie G.Ursi ett, Secretary PROJECT MA1A„`',;` •! nou how & U. 11 "-- SCH File # 97-E-4220-0685; Environmental Assessment Proposed Improvements to US 311 from High Point East Belt to US 220 in Randolph County; TIP #r-2606 The above referenced project has been reviewed through the State Clearinghouse Intergovernmental Review Process. Attached to this letter are comments made by agencies reviewing this document. Should you have any questions, please do not hesitate to call me at (919) 733-7232- Attachments cc: Region G Melba McGee, DEHNR Sincerely, C'4x-?V ,0/1? `? Mrs. Chrys Baggett, Director N. C. State Clearinghouse 116 West Jones Street Raleigh, North Carolina 27603-8003 Telephone 919-733-7232 An Equal Opportunity / AlTirmalive Action Employer t State of North Carolina Department of Environment, Health and Natural Resources Legislative & Intergovernmental Affairs James B, Hunt, Jr., Governor Jonathan B, Howes, Secretary Richard E. Rogers, Jr., Acting Director MAI EDEHNR MEMORANDUM TO: Chrys Baggett State Clearinghouse FROM: Melba McGee \V Environmental Review Coordinator RE: 97-0685 EA for US 311 from High Point East Belt to US 220, Randloph County DATE: June 2, 1997 The Department of Environment, Health, and Natural Resources has reviewed the proposed information. The attached comments are for the applicant's consideration. Thank you for the opportunity to review. attachments RECEIVLE D JUN - 3199T N.C. STATE CLEARINGHOUSE r FAX 715-3060 P.O. Box 27687, r? An Equal Opportunity/ Affirmative Action Employer C Raleigh, North Carolina 27611-7687 N 1 919-715-4148 50% recycled/ 10% post-consumer paper NORTH CAROLINA STATE CLEARINGHOUSE DEPARTMENT OF ADMINISTRATION INTERGOVERNMENTAL REVIEW Ms. Renee Gledhill-Earley Clearinghouse Coordinator Dept. of Cultural Resources Archives-History Bldg. Raleigh NC REVIEW DISTRIBUTION Dept. of Agriculture Dept. of Crime Cont./ Public Safety Dept. of Cultural Resources Dept. of Env. Health, & Natural Res Piedmont Triad COG PROJECT INFORMATION APPLICANT: N.C. Dept. of Transportation TYPE: National Environmental Policy Act 0DK_8 5 1 z.. ERD: Environmental Assessment DESC: Proposed Improvements to US 311 from High Point East Belt to US 220 in a dolp County; TIP #r-2606 CROSS-REFERENCE NUMBER: 95-E-4220-0474 The attached project has been submitted to the N. C. State Clearinghouse for intergovernmental review. Please review and submit your response by the above indicated date. If additional review time is needed, please contact this office at (919)733-7232. AS A RESULT OF THIS REVIEW THE FOLLOWING IS SUBMITTED: 0- NO COMMENT ? COMMENTS ATTACHED n SIGNED BY: r/ ,A -0-C '?2"/ DATE : RECE-NED MAY 2 2 1997 STATE NUMBER: 97-E-4220-0685 DATE RECEIVED: 05/01/1997 AGENCY RESPONSE: 05/27/1997 L?"- REVIEW CLOSED: 06/01/1997 N.C. STATE CLEARINGHOUSE 1 l F02 Ala S t 1 MAY 0 5 11,197' r ,0 7 MAY ^i997 State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality Ja mes B. Hunt, Jr., G ove mor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director May 23, 1997 MEMORANDUM To: Michelle Suverkrubbe Through: John Dorn4F/ From: Cyndi Bell ?t3 ?EHNR Subject: Environmental Assessment for US 311 from High Point East Belt to US 220 Randolph County State Project DOT No. 8.1571501, T.I.P. No. R-2606; EHNR # 97-0685 ' The referenced document has been reviewed by this office. The Division of Water Quality (DWQ) is responsible for the issuance of the Section 401 Water Quality Certification for activities which impact waters of the state including wetlands. At this time, NCDOT has not selected a preferred alternative; rather, ' potential impacts of the two remaining alternatives are described in the EA. The project will involve fill in up to 2.22 acres of wetlands and up to ten new stream crossings, depending on which alternative is selected. DWQ offers the ' following comments based on the document review: A) The EA provides a good inventory of natural resources within each of ' the 1000 to 2000-foot wide study corridors. It appears that the two ill remaining alternative corridors (A and C) within the study area w have roughly equivalent impacts to waters and wetlands. Corridor C is situated further from the Critical Area of the Muddy Creek Watershed ' Critical Area (to be designated when the Randleman Reservoir is created) than Corridor A. Based upon this information, DWQ prefers Corridor C. We would not object to Corridor A if other environmental or socioeconomic factors warrant selection of that alternative. B) In order for DWQ to fully endorse NCDOT's specific project alignment, ' once an alternative is selected, the FONSI should provide more detailed information with respect to the following subjects: ' Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919-733-9960 - FAX # 733-9959 An Equal Opportunity ANimi &e Action Employer 501% recycled/10% post consumer paper Ms. Michelle Suverkrubbe Memo May 23, 1997 Page 2 of 3 Minimization of wetland and stream impacts - NCDOT is proposing construction of a four-lane divided highway with a 70-foot median and full control of access. In the Wetland Mitigation discussion (page 62), NCDOT states, "Reduction of fill slopes, canopy removal in or near floodplain systems, and median widths at stream/wetland crossings will reduce unnecessary wetland losses. NCDOT should provide details of these minimization measures once a preferred alternative is selected. In particular, NCDOT should specify median widths through wetland areas. In correspondence dated October 26, 1995, DWQ requested that NCDOT study a 46-foot median through wetland areas. Quart ification of stream impacts - NCDOT has provided a diagram showing all streams within the study area, along with specific dimensions of each stream. When an alternative is selected, NCDOT will be able to provide approximate linear distances of stream impacts. If culverts and/or stream relocations exceed 150 feet linear distance of stream channel at any stream crossing, stream mitigation may be required in accordance with DWQ Wetland Rules (15A NCAC 211.0506(b)(6)1. In such a case, a comprehensive stream mitigation proposal should be included in the FONSI or application for 401 Water Quality Certification. Wetland mitigation - The EA includes a thorough list of potential wetland impact areas associated with the study area. NCDOT has made significant efforts to avoid wetland areas by placing corridors on upland ridges. Each corridor is wide enough to allow further refinement of roadway and intersection locations to avoid and minimize impacts. NCDOT should provide a wetland map in the FONSI showing all wetlands to be impacted by the selected alternative. If total project impacts will exceed one acre, mitigation will be required in accordance with DWQ Wetland Rules (15A NCAC 2H.0506(h)(2)1. We encourage NCDOT to study minimization measures very carefully. If the wetland impacts can be reduced to one acre or less, then DWQ will not require mitigation. C) DWQ asks NCDOT to stipulate that borrow material will be taken from upland sources in the construction contract awarded for this project. This should also be included in a list of environmental commitments in the FONSI. D) DWQ asks NCDOT to ensure that the sediment and erosion control measures are not placed in wetlands. This commitment should be incorporated into the construction contract awarded for this project. 0 ' Ms. Michelle Suverkrubbe Memo May 23, 1997 Page 3 of 3 E) NCDOT has already committed to implementation of Best Management Practices for the Protection of Surface Waters. Of the two alternatives remaining, A and C would involve work in or directly adjacent to the Critical Area of the Muddy Creek Watershed when the Randleman Reservoir project is completed. Alternate C would also cross Back Creek ' and its tributaries, which are currently classified WS-II. NCDOT should also commit to using Design Standards in Sensitive Watersheds (15A NCAC 04B .0024), plus High Quality Storm Erosion Control Measures. These standards should be implemented at all stream crossings ' currently or potentially designated as Water Supplies, and throughout the roadway portions of the project located in any Watershed Critical Area. F) All of the streams within the study area are currently designated as Class C waters, with the exception of Back Creek and its tributaries, ' which are classified WS-II. Muddy Creek and its tributaries will be classified as Water Supply systems when the Randleman Reservoir is created. Hazardous Spill Catch Basins should be installed at all crossings of Muddy Creek, Back Creek and any of their associated tributaries. The number of catch basins should be determined by the design of the stream crossing, so that runoff water would enter said basin(s) rather than directly flowing into the stream. ' G) NCDOT states that a number of small farm ponds occur throughout the study area. DWQ is developing a pond policy in accordance with 15A NCAC 2H.0506(b). The policy is currently undergoing internal review ' within our agency, and may be in effect prior to the construction date of this project. With this in mind, we suggest that NCDOT address impacts ' to ponds in the FONSI. Based upon the wetland impacts described in the EA, an Individual Water Quality Certification may be required for this project. Final permit ' authorization will require formal application by NCDOT and written concurrence from DWQ. Please be aware that this approval will be contingent upon evidence of avoidance and minimization of wetland and stream impacts to the extent practical, and provision of wetland and stream mitigation where necessary. DWQ appreciates the opportunity to provide comments on the EA. DOT is reminded that issuance of a 401 Water Quality Certification requires satisfaction of water quality concerns, to ensure that water quality standards are met and no wetland or stream uses are lost. Questions regarding the 401 ' Certification should be directed to Cyndi Bell at (919) 733-1786 in DWQ's Water Quality Environmental Sciences Branch. ' cc: Eric Alsmeyer, COE, Raleigh Howard Hall, FWS David Cox, WRC ' R2606EA.DOC t 1 1 State of North Carolina Department of Environment, Health and Natural Resources 1 • • t Division of Forest Resources f James B. Hunt, Jr., Governor FD E H N FZ Jonathan B. Howes, Secretary Stanford M. Adams, Director ' Griffiths Forestry Center 2411 Old US 70 West Clayton, North Carolina 27520 ' May 12, 1997 MEMORANDUM TO: Melba McGee, Office of Legislative Affairs- FROM: Don H. Robbins, Staff Forester Dl f< t SUBJECT: DOT EA for US 311 Upgrade on New Location in Randolph County PROJECT 9 97-0685 and TIP # R-2606 DUE DATE: 5-29-97 ' We have reviewed the above subject document of March 1997 and have the following comments: ' 1. As we had previously stated during February 1995, this project will have a heavy impact to woodland. This impact ranges as follows: a. Hardwood Forest - 213 to 286 acres b. Pine Plantation - 0 to 4 acres c. Forested wetlands - 6.1 to 7.3 acres d. Total Woodlands - 219.1 to 297.3 acres ' 2. We were ngl asked to participate in the September 1995 Steering Committee/Environmental Resource Agencies meeting and thus we did not have the benefit to provide input to help lessen the impact to ' woodland. 3. We could = find any provisions in the document to ensure that the ROW Contractor will attempt to ' salvage all wood products including chips. Salvage of all forest products should be done, if at all possible. ' 4. We would hope that during the final alignment design that the impact to this woodland would be reduced whenever possible. ' pc: Warren Boyette - CO Vic Owen - D10- File ' P. O. Box 29581, Raleigh, North Carolina 27626-0581 Voice 919-733-2162 FAX 919-715-4350 OW %a N C An Equal Opportunity Afflrmative Action Employer 50go recycled/10% post-consumer paper I _ L f North Carolina Wildlife Resources Commission ? 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fawood, Executive Director MEMORANDUM TO: Melba McGee Office of Legislative and Intergovernmental Affairs, DEHNR FROM: David Cox, Highway Project C or I labitat Conservation Programrn DATE: May 30, 1997 SUBJECT: North Carolina Department of Transportation (NCDOT) Environmental Assessment (EA) fbr the US 311 relocation, from the High Point Fast Belt to US 220,, Randolph County, North Carolina. TIP No. R-2606, SCI I Project No. 97- 0685. Staff biologists with the N. C. Wildlife Resources Commission have rc?,iewed the subject t l,A and are familiar with habitat values in the project area. The purpose of this review was to assess project impacts to fish and wildlife resources. Our comments are provided in accordance with certain provisions of the National Environmental Policy Act (42 U.S.C. 4332(2)(c)) and the ' Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d), NCDOT proposes to relocate US 311 from the proposed High Point East Belt to U5 220 The roadway will be a multi-lane freeway on new location. The project length ranges from 7.8 to 9.0 miles depending on the build alternative chosen. Projected wetland impacts range from 11.3 acres to 12.7 acres. The EA provides adequate information regarding the environmental impacts of' the build alternatives. Based on the information provided we recommend alternative A as the preferred alternative. However, we could also support alternative C if measures were implemented to maintain wildlile passage and wetland and stream impacts were minimized to the maximum extent practicable. Memo 2 May 30, 1997 We concur with the EA Ilor this project. NCDOT should minimize wetland impacts to the maximum extent practicable. NCDOT Best Management Practices and sedimentation and erosion control measures liar sensitive watersheds should be strictly enforced, Thank you for the opportunity to comment on this EA, if we can be of any fOrther assistance please call ne at (919) 528-9886. cc: Howard Hall, U.S. Fish and Wildlife Service, Raleigh CITY OF RANDLEMAN ?j 101 Hilliary Street Randleman, North Carolina 27317 (910) 498-2604 / Fax: (910) 498-6473 BRUCE M. MOORE, MAYOR March 11, 1998 Mr. E. Norris Tolson Secretary NC Department of Transportation P.O. 'Box 25210 Raleigh, NC 27611 Dear Mr. Tolson: ALDERMEN Bill Harris, Mayor pro-tempro Charles Byerly Wade Craven Tony Lowe Jerry Small We thoroughly enjoyed meeting with you on Tuesday to discuss transportation issues in Randleman. We appreciate the courteous reception we received from you and your staff. As we discussed, the City of Randleman originally supported Corridors A & AA for the routing of Interstate 74. Several months ago, the North Carolina Department of Transportation selected Corridor C as the preferred route for Interstate 74. The City of Randleman accepted this decision and moved forward with our planning efforts. Since that time, we have worked with a developer to begin plans for a major shopping center. This shopping center will be located in an area that would have been part of the Corridor A & AA interchange in Randleman. Any attempt to relocate the interstate to the A or AA route at this time would be economically devastating to us. We understand that recent efforts have been made by the Sophia community to re-establish Corridor AA as the Interstate 74 route. Although those people are our good friends, the City of Randleman must go on record opposing any such action. In addition, we would like to request that the NCDOT continue to look into the feasibility of constructing a multi-lane connector road between SR 1950 (W. Academy Street) and the proposed I-74 interchange near Sophia. This connector road be a great benefit to the City of Randleman and would require very little, if any acquisition and/or relocation of homes. We do not feel that this connector road would have a negative impact on the Sophia Community. 1 C In closing, we appreciate your assistance in these transportation issues. Please have your staff contact our City Manager, Rick Hardin, if there are questions concerning these issues. Sincerely, f ?j . Bruce M. Moore, Mayor BMM/ph cc: Whitmel H. Webb, P.E. Calvin W. Leggett fl u 1 TABLE 1 WETLAND AREAS AREA IN CORRIDOR AREA IN R/W AREA IN CONST. LIMIT AREA NO. M2 HA AC M2 HA AC M2 HA AC 1 12076.4 1.21 2.98 0.0 0.00 0.00 0.0 0.00 0.00 M 1 635.5 0.06 0.16 0.0 0.00 0.00 0.0 0.00 0.00 M 1 A 183.0 0.02 0.05 0.0 0.00 0.00 0.0 0.00 0.00 2 170.8 0.02 0.04 0.0 0.00 0.00 0.0 0.00 0.00 3 1008.7 0.10 0.25 0.0 0.00 0.00 0.0 0.00 0.00 4 4542.7 0.45 1.12 0.0 0.00 0.00 0.0 0.00 0.00 5 499.3 0.05 0.12 0.0 0.00 0.00 0.0 0.00 0.00 6 1528.6 0.15 0.38 0.0 0.00 0.00 0.0 0.00 0.00 7 19515.5 1.95 4.82 0.0 0.00 0.00 0.0 0.00 0.00 8 4988.8 0.50 1.23 0.0 0.00 0.00 0.0 0.00 0.00 9 1122.9 0.11 0.28 1122.9 0.11 0.28 898.3 0.09 0.22 10 1216.0 0.12 0.30 1216.0 0.12 0.30 479.8 0.05 0.12 11 70.9 0.01 0.02 0.0 0.00 0.00 0.0 0.00 0.00 M7 603.2 0.06 0.15 0.0 0.00 0.00 0.0 0.00 0.00 12 435.9 0.04 0.11 0.0 0.00 0.00 0.0 0.00 0.00 37 2185.7 0.22 0.54 0.0 0.00 0.00 0.0 0.00 0.00 M6 2259.4 0.23 0.56 0.0 0.00 0.00 0.0 0.00 0.00 13 707.6 0.07 0.17 0.0 0.00 0.00 0.0 0.00 0.00 14 675.5 0.07 0.17 675.5 0.07 0.17 675.5 0.07 0.17 15 403.1 0.04 0.10 403.1 0.04 0.10 403.1 0.04 0.10 16 331.4 0.03 0.08 239.5 0.02 0.06 48.3 0.00 0.01 16a 1033.8 0.10 0.26 0.0 0.00 0.00 0.0 0.00 0.00 16b 791.9 0.08 0.20 0.0 0.00 0.00 0.0 0.00 0.00 16c 857.2 0.09 0.21 0.0 0.00 0.00 0.0 0.00 0.00 17 447.6 0.04 0.11 447.6 0.04 0.11 429.1 0.04 0.11 M2 737.9 0.07 0.18 0.0 0.00 0.00 0.0 0.00 0.00 18 7307.0 0.73 1.80 138.3 0.01 0.03 0.0 0.00 0.00 M 10 1608.9 0.16 0.40 1207.8 0.12 0.30 372.0 0.04 0.09 M8 3809.0 0.38 0.94 2042.0 0.20 0.50 979.3 0.10 0.24 M9 5486.9 0.55 1.36 1161.6 0.12 0.29 0.0 0.00 0.00 19 690.9 0.07 0.17 641.1 0.06 0.16 95.7 0.01 0.02 20 644.4 0.06 0.16 0.0 0.00 0.00 0.0 0.00 0.00 21 0.0 0.00 0.00 0.0 0.00 0.00 0.0 0.00 0.00 22 5848.9 0.58 1.44 0.0 0.00 0.00 0.0 0.00 0.00 22a 545.8 0.05 0.13 0.0 0.00 0.00 0.0 0.00 0.00 23 1849.2 0.18 0.46 1660.2 0.17 0.41 1306.1 0.13 0.32 24 569.1 0.06 0.14 0.0 0.00 0.00 0.0 0.00 0.00 25 711.6 0.07 0.18 0.0 0.00 0.00 0.0 0.00 0.00 26 719.6 0.07 0.18 719.6 0.07 0.18 270.1 0.03 0.07 27 1567.0 0.16 0.39 1552.3 0.16 0.38 1353.7 0.14 0.33 28 1545.0 0.15 0.38 1506.0 0.15 0.37 1181.4 0.12 0.29 M3 1228.4 0.12 0.30 0.0 0.00 0.00 0.0 0.00 0.00 29 109.1 0.01 0.03 109.1 0.01 0.03 109.1 0.01 0.03 30 29.9 0.00 0.01 29.9 0.00 0.01 1.5 0.00 0.00 31 42.2 0.00 0.01 0.0 0.00 0.00 0.0 0.00 0.00 32 233.3 0.02 0.06 0.0 0.00 0.00 0.0 0.00 0.00 33 97.5 0.01 0.02 0.0 0.00 0.00 0.0 0.00 0.00 34 898.1 0.09 0.22 85.3 0.01 0.02 0.0 0.00 0.00 35 151.1 0.02 0.04 0.0 0.00 0.00 0.0 0.00 0.00 36 635.8 0.06 0.16 635.8 0.06 0.16 89.2 0.01 0.02 M5 648.4 0.06 0.16 648.4 0.06 0.16 0.0 0.00 0.00 TOTAL 96006.4 9.6 23.7 16242.0 1.6 4.0 8692.2 0.9 2.1 TABLE 2 WATER SURFACE AREAS AREA IN CORRIDOR AREA IN R/W AREA IN CONST. LIMIT STATION LOCATION M2 HA AC M2 HA AC M2 HA AC 11+52 LT 2143.4 0.21 0.53 0.0 0.00 0.00 0.0 0.00 0.00 13+43 LT 2001.5 0.20 0.49 0.0 0.00 0.00 0.0 0.00 0.00 31+25 RT 1122.9 0.11 0.28 0.0 0.00 0.00 0.0 0.00 0.00 35+88 RT 2763.1 0.28 0.68 1262.2 0.13 0.31 937.9 0.09 0.23 37+02 CL 1121.9 0.11 0.28 1121.9 0.11 0.28 1121.9 0.11 0.28 40+30 RT 11500.3 1.15 2.84 2593.1 0.26 0.64 1752.1 0.18 0.43 41+25 LT 5875.2 0.59 1.45 0.0 0.00 0.00 0.0 0.00 0.00 43+00 LT 4040.1 0.40 1.00 0.0 0.00 0.00 0.0 0.00 0.00 45+00 RT 2343.5 0.23 0.58 0.0 0.00 0.00 0.0 0.00 0.00 47+80 RT 4094.7 0.41 1.01 1798.9 0.18 0.44 109.9 0.01 0.03 50+62 LT 3880.8 0.39 0.96 0.0 0.00 0.00 0.0 0.00 0.00 61+30 LT 5943.8 0.59 1.47 0.0 0.00 0.00 0.0 0.00 0.00 62+65 LT 5216.2 0.52 1.29 0.0 0.00 0.00 0.0 0.00 0.00 63+35 LT 3048.8 0.30 0.75 1824.6 0.18 0.45 577.4 0.06 0.14 65+00 LT 2014.1 0.20 0.50 0.0 0.00 0.00 0.0 0.00 0.00 89+00 RT 587.8 0.06 0.15 0.0 0.00 0.00 0.0 0.00 0.00 91+88 RT 7076.6 0.71 1.75 0.0 0.00 0.00 0.0 0.00 0.00 125+45 LT 2561.7 0.26 0.63 0.0 0.00 0.00 0.0 0.00 0.00 133+60 CL 6626.4 0.66 1.64 4605.6 0.46 1.14 2794.4 0.28 0.69 134+60 RT 3034.4 0.30 0.75 0.0 0.00 0.00 0.0 0.00 0.00 143+00 RT 215.2 0.02 0.05 215.2 0.02 0.05 50.3 0.01 0.01 TOTAL 77212.4 7.72 19.07 13421.5 1.34 3.32 7343.9 0.73 1.81 1 J 1 1 TABLE 3 JURISDICTIONAL STREAM CROSSINGS LENGTH IN R/W LENGTH IN CONST. LIMIT STA. (m) (FT) (m) (FT) 11+85 170 557.7 (BRIDGE) 16+85 130 426.5 70 229.7 18+25 170 557.7 120 393.7 22+38 148 485.6 89 292.0 22+42 302 990.8 90 295.3 28+31 145 475.7 92 301.8 37+40 175 574.1 175 574.1 37+60 500 1640.4 280 918.6 48+70 280 918.6 100 328.1 52+12 175 574.1 92 301.8 52+45 190 623.4 96 315.0 53+90 135 442.9 70 229.7 63+20 52 170.6 25 82.0 74+00 250 820.2 138 452.8 76+60 180 590.5 100 328.1 85+16 118 387.1 78 255.9 88+90 183 600.4 124 406.8 92+00 80 262.5 50 164.0 95+90 64 210.0 35 114.8 101+75 140 459.3 98 321.5 109+40 548 1797.9 548 1797.9 115+80 306 1003.9 292 958.0 117+70 150 492.1 126 413.4 119+40 108 354.3 76 249.3 121+15 150 492.1 100 328.1 123+20 200 656.2 140 459.3 127+20 160 524.9 100 328.1 129+25 120 393.7 75 246.1 133+80 64 210.0 0 0.0 139+50 40 131.2 25 82.0 140+85 120 393.7 80 262.5 147+30 205 672.6 170 557.7 RP. C-A 16+85 535 1755.2 304 997.4 RP. C-A 20+00 130 426.5 50 164.0 RP. C-A 20+75 190 623.4 125 410.1 US 220 26+50 860 2821.5 550 1804.5 US 220 26+50 16 52.5 12 39.4 TOTALS 7489 24570.16 4695 15403.51 TABLE 4 WETLAND TYPES Wetland Area Size ha (ac) USFWS Designation Wetland Area Size ha (ac) USFWS Designation 1 1.21 (2.98) PF01 A 18 0.73 (1.80) PF01 /4A M 1 0.06 (0.16) PF01 A M10 0.16 (0.40) PF01 A M1A 0.02 (0.05) PEM1A M8 0.38 (0.94) PEM1A 2 0.02 (0.04) PF01 A M9 0.55 (1.36) PEM 1 A 3 0.10 (0.25) PF01 A 19 0.07 (0.17) PF01 A 4 0.45 (1.12) PF01 A 20 0.06 (0.16) PF01 A 5 0.05 (0.12) PF01 C 21 0.05 (0.11) PF01 /4A 6 0.39 (0.98) PF01 A 22 0.58 (1.44) PEM 1 A 7 1.95 (4.82) PF01 A 22A 0.05 (0.13) PF01 A 8 0.50 (1 .23) PF01 A 23 0.18 (0.46) PFO 1 /4A 9 0.11 (0.28) PFO 1 /4A 24 0.06 (0.14) PEM 1 A 10 0.12 (0.30) PF01 C 25 0.07 (0.18) PF01 A 11 0.01 (0.02) PF01 /4A 26 0.07 (0.18) PF01 A M7 0.06 (0.15) PF01 A 27 0.16 (0.39) PF01 /4A 12 0.04 (0.1 1) PF01 A 28 0.15 (0.38) PF04A 37 0.22 (0.54) PF01 A M3 0.12 (0.30) PF01 A M6 0.23 (0.56) PF01 /4A 29 0.01 (0.03) PF01 /4A 13 0.07 (0.17) PF01 /4A 30 0.00* (0.01) PEM 1 A 14 0.07 (0.17) PSS1A 31 0.00*(0.01) PF01/4A 15 0.04 (0.10) PSS 1 A 32 0.02 (0.06) PEM 1 A 16 0.03 (0.08) PF01/4A 33 0.01 (0.02) PEM1A 16A 0.10 (0.26) PFO1 /4A 34 0.09 (0.22) PEM 1 A 16B 0.08 (0.20) PF01 /4A 35 0.02 (0.04) PF01 /4A 16C 0.09 (0.21) PFO1 /4A 36 0.06 (0.16) PFO1 /4A 17 0.04 (0.1 1) PF01 A M5 0.06 (0.16) PF01 A M2 0.10 (0.24) PF01 A 1? LI *indicates rounding error , PF01 A - Palustrine, forested, broad-leafed deciduous, subject to temporary flooding PF01 C - Palustrine, forested, broad-leafed deciduous, subject to seasonal flooding PF04A - Palustrine, forested, needle-leafed evergreen, subject to temporary flooding PF01 /4A - Palustrine, forested, broad-leafed deciduous and needle-leafed evergreen, subject to temporary , flooding PSS1A - Palustrine, scrub-shrub, subject to temporary flooding PEM1A - Palustrine, emergent, persistent vegetation, subject to temporary flooding t C ? • 3 ?? h a. ? 3 N 3 3 ?j 3 3 N a ?° ? b O` w w CO u ??+ H a? o . la C . ? Q l0 u C ?? ? 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Z; 6° fS,• b'' ?_ f ?,? i??v ?, i,. 1 ( /' ' \\ iS??? \ ' `"LLB V©®? ?'? Ile /? J?o? ?,? °© f?((?' ??, r. ? , •r X.[p?-F ?' ???:? ' ,/?,^iAV ?? '??'` .,.? _ ? _ ? ....©©? ' l,?a???J i `^y t ? . _J.•- `?'?" ?,. ? L-•....r . ?{ ` 4 ? ' is \ ?, j• 7 C ?? E ?' FF J.... u' O _ r r' frig (/. 1 \ ;? } 4 \° S -; " Op - itA? S. Y ? ? ,1t? tir.;!' ,.• ti' t 1 ? 1 i SC ? ? t / t \ ?' ? 7 JJ ° rf:.• /? p .,J' ! 1 •ti! y,.,r-' ?j•W t.,s?? !`gi- , 3 4 1 h t? ?f,.- ??• ,{ ry X19 1 J ®' cZ 1'SYi ';il t' x; +r r? I / { \ \ \\\ r / \ \\ ?. C, i '_..._ 1 1 ------- - ----- / ,/- z 4gQ,r?aodra©caocad '? '?, 1 s ? \ / /' ? I I ,? ?q?040C1AL7AC]LIC=? ?, 1 ? \ 9 i i 411 ?,?? C7 ? / Z n AN j a / is •' \^'S- p ?? /,n •, (?'^''? 0 N D 5 v ca m r b Lnn ? o y CioCO Q No ?J > \ 1 / Q \ \ I ., ----------------- x 14 to „_ State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director April 1, 1999 Mr. Michael F. Bell U.S. Army Corps of Engineers Washington Regulatory Field Office Post Office Box 1000 Washington, NC, 27889-1000 Subject: The New Bern Bypass . T.I.P. No. R-2301; Minimization Concurrence Dear Mr. Bell, This letter is in reference to the Minimization Concurrence for the aforementioned project. The project is being planned in accordance with the 404/NEPA Merger agreement. Based upon the information provided, we concur with the minimization plans presented by the NCDOT. Please be advised that impacts to Neuse Buffers (which have not historically been at issue in the NEPA/404 process) will need to be addressed prior to completion of the Final EIS. Thank you for your consideration. If you have any questions, please contact me at (919) 733-1786 or John Hennessy@h2o.ennstate.nc.us. cerely, John E. Hennessy cc: John Dorney, NCDWQ Debra Sawyer, NCDWQ Bill Gilmore, P.E., NCDOT C:\ncdot\TIP R-230 1\R-2301 minimization concurrence.doc P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper Cyndi Bell From: Bell, Michael F SAW [Michael.F.Bell@saw02.usace.army.mil] Sent: Monday, March 15, 1999 6:34 AM To: Cyndi Bell Subject: Re: 404/NEPA Cindy, I know you are busy and this is just a quick note. R-2301 We concurred with there minimization efforts which includes removing existing 43 out of the Neuse River floodplain and bridging all riverine wetlands with the new bridge. I think this is the best we could have gotten. R-2510 ' Washington Went from 10 alternatives to 3. Alt. B,C and a commbined outer alternative. Also sitll looking at a eastern alternative for now, Alt. L. I think you will like this also. All riverine wetlands bridged. You may want Cox to draw you a map. Anyway, let me know what you think. Thanks and good luck. Mike Bell ?° r»M v.n STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. P.O. Box 25201, RALEIGH, N.C. 27611-5201 E. NORRIS TOLSON GOVERNOR February 12, 1999 Mr. Michael F. Bell PAYMENT Washington Regulatory Field Office RECEIVED U. S. Army Corps of Engineers Post Office Box 1000 Washington, North Carolina 27889-1000 Dear Mr. Bell: SECRETARY i . FEB 2 51999 .. WnTER QUALITY?SECT ON._ ,_ SUBJECT: Craven County, US 17 New Bern Bypass, State Project No. 6.179001T, TIP Project No. R-2301, USACOE Action ID No. 199300910 As you are aware, the North Carolina Department of Transportation (NCDOT) is proposing to improve the US 17 corridor in Craven County by constructing a four-lane, full control of access, median-divided roadway west of the city of New Bern. The proposed freeway would bypass the adjacent municipalities of River Bend, Trent Woods and Bridgeton. The proposed US 17 New Bern Bypass was first included in the NCDOT Transportation Improvement Program (TIP) in 1988. At that time the US 17 corridor was designated a "Strategic Corridor", giving the route priority status for improvement to a minimum four- lane divided facility. In 1989, US 17 from South Carolina to Virginia was designated an "Intrastate System" route in the Highway Trust Fund Act. The Intrastate System is a network of major, multilane arterial highways designed to connect the major population centers inside and outside the state and to provide safe, convenient, through-travel for motorists. The Intrastate System was established to support statewide growth and development objectives and to connect to major highways in adjoining states. US 17 is the only principal north-south highway east of I-95. It provides connectivity between the major population centers of the coastal counties including Elizabeth City, Edenton, Windsor, New Bern, Jacksonville and Wilmington. US 17 also provides an important link to major east-west highways such as US 64, US 70, US 74 and I-40. During the summer months, US 17 serves large volumes of seasonal tourist traffic and is one of the two primary hurricane evacuations routes for the Outer Banks north of Cape Hatteras. Within recent years, the coastal region of the state has experienced significant development for both year-round residents and seasonal visitors. With the increasing population, there is a growing need to improve evacuation routes for major storm events, such as Hurricane Bonnie. Thoroughfare plan updates for New Bern-River Bend-Trent Woods-Bridgeton and for Craven County include portions of the US 17 New Bern Bypass. The Bypass was identified as a prerequisite to the implementation of the plan. The US 17 New Bern Bypass is designated as a "key economic development highway" in Governor Hunt's North Carolina Transportation 2001 plan. Existing US 17 is a four-lane, non-controlled access highway from the Jones-Craven County line through the Town of Bridgeton except at the two-lane Neuse River bascule bridge. North of Bridgeton, US 17 is a two-lane rural highway. US 17 is concurrent with NC 55 and US 70 Business for approximately 2.7 and 1.7 miles, respectively, as it passes i lls t-st direction through New Bern. In 1987, US 17 traffic congestion in downtown'I d to the signing of a designated "bypass route" along NC 43. This designation increased the traffic use of NC 43 resulting in congestion on the urban section of Neuse Boulevard, apd Glenburnie Road. The annual average daily traffic (AADT) volumes on US 17 through the project area ranged from 6,700 to 19,800 vehicles per day in 1989; the AADT on NC 43 ranged from 4,400 to 18,500 vehicles per day. By the year 2010, these volumes are projected to increase to between 9,900 and 29,200 vehicles per day on US 17 and 6,500 to 27,300 vehicles per day on NC 43. By the year 2016 it is anticipated between 17,200 and 30,200 vehicles per day will travel the New Bern Bypass. It is estimated 23 accidents will occur along the bypass in the design year. If these vehicles traveled on existing US 17 and NC 43, it is estimated an additional 124 accidents would occur on these facilities as a result of the increased traffic volumes and the lower design standards on these roadways. Thus, it is anticipated the construction of the New Bern Bypass will reduce the accident rate along US 17 and NC 43 by approximately 81 percent. This will result in cost savings of $1.23 million per year. In September 1991, a Draft Environmental Impact Statement was published evaluating nine proposed build alternatives and a "no build" alternative. On November 7, 1991, a corridor public hearing was held. Each of the nine build alternatives impacted the Pleasant Hill community, a minority community located along NC 55 between Washington Forks and Beamon Forks. Due in part to opposition received from the Pleasant Hill community at the corridor public hearing, a tenth alternative was proposed that avoided the community yet met the transportation objectives established for the original nine build alternatives. During the study of Alternative 10, potentially important mineral deposits in the vicinity of US 70 were identified. Alternative 11 was developed to avoid the Pleasant Hill community and minimize impacts to the unmined mineral deposits. Alternative 12 was subsequently identified as a means of accomplishing the above objectives while minimizing impacts to wetlands. The permits issued by the North Carolina Department of Environment and Natural Resources, Division of Water Quality and Division of Coastal Management; the United States Army Corps of Engineers; and the United States Coast Guard for the construction of the Neuse River Bridge Replacement (TIP Project No. B-2531) required certain actions be taken prior to the construction of the New Bern Bypass. These permits required the NCDOT to develop a detailed plan to compensate for the wetland impacts associated with both projects prior to the expiration dates of the permits issued for the Neuse River Bridge Replacement. The permits further required the NCDOT to complete the construction of the required compensatory mitigation site prior to beginning construction on the New Bern Bypass or within one year of the expiration of the Neuse River Bridge Replacement (12/31/99), whichever comes first. In July 1995, a Memorandum of Agreement was signed between the NCDOT and the Division of Coastal Management to cooperatively develop a plan for the compensatory mitigation of wetland impacts associated with the Neuse River Bridge Replacement and the New Bern Bypass projects. Currently, the NCDOT proposes to bridge the high-quality, bottomland hardwood wetland systems associated with the Neuse River, Swift Creek and Bachelor Creek. Other unavoidable wetland losses would be mitigated by the preservation, restoration and enhancement (as applicable) from the Croatan Wetland Mitigation Bank. The NCDOT hereby submits a permit application form for TIP Project No. R-2301 so public review of this project for regulatory purposes can commence. This submittal is in accordance with step four of the guidelines for integrating project review under the National Environmental Policy Act and Section 404 of the Clean Water Act. Following the public review period and the public announcement of the selection of preferred alternative, wetland delineations and preliminary design within the preferred corridor will begin. Additional actions, as set forth in the above-mentioned guidelines, will be required to fulfill the project implementation process. It is expected final issuance of the permits required for this project will occur near the end of this process. Enclosed you will find a completed ENG form 4345. This letter, along with the previously distributed EA, should provide sufficient information for the issuance of a Public Notice for the project. A set of functional design plans and a copy of the corridor pubic hearing transcript are being sent under separate cover. If you have any questions, or need additional information, please contact Ms. Gail Grimes at (919) 733-7844 extension 265 or Ms. Alice Gordon at (919) 733-7844 extension 307. Sincerely, D 0,0 William D. Gilmore, P.E., Manager Project Development and Environmental Analysis Branch CVB/lgg cc: w/encl. Mr. David Franklin, USACE, Wilmington Field Office Mr. John Domey, DWQ, DENR Mr. John Parker, DCM, DENR Mr. John Hefner, USFWS Mr. David Cox, NCWRC Mr. Ron Sechler, NMFS Mr. N. L. Graf, P.E., FHWA w/out encl. Mr. A. L. Hankins, P.E., Hydraulics Mr. Len Hill, P.E., Highway Design Branch Mr. Whit Webb, P.E., Program Development Branch Mr. Tom Shearin, P.E., Roadway Design Unit Mr. C. E. Lassiter, P.E., Division 2 Engineer Ms. Gail Grimes, P.E., PD&EA APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT I OMB APPROVAL NO. 0710-003 (33 CFR 325) Expires October 1996 Public reporting burden for this collection of Information is estimated to average 5 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, Including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20503. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authority: 33 USC 401, Section 10: 1413, Section 404. Principal Purpose: These laws require authorizing activities in, or affecting, navigable waters of the United States, the discharge or fill material into waters of the United States, and the transportation of dredged material for the purpose of dumping it Into ocean waters. Routine Uses: Information provided on this form will be used in evaluating the application for a permit Disclosure: Disclosure of requested information is voluntary. If information is not provided, however, the permit application cannot be processed nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and Instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that Is not completed in full will be returned. (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED (ITEMS BELOW TO BE FILLED BY APPLICANT) 5. APPLICANTS NAME 8. AUTHORIZED AGENTS NAME AND TITLE (an agent is not required) North Carolina Department of Transportation Planning and Environmental Branch 6. APPLICANTS ADDRESS 9. AGENTS ADDRESS P.O. Box 25201 Raleigh, NC 27611 7. APPLICANTS PHONE NOS. W/AREA CODE 10. AGENTS PHONE NOS. W/AREA CODE a. Residence a. Residence b. Business 919-733-3141 b. Business 11. STATEMENT OF AUTHORIZATION I hereby authorize, to act in my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this permit application. APPLICANTS SIGNATURE DATE NAME, LOCATION, AND DESCRIPTION OR PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (see instructions) R-2301) Craven County, US 17 New Bern Bypass, State Project No. 6.179001T. 13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS v applicable) Neuse River 15. LOCATION OF PROJECT Craven NC COUNTY STATE 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) Section, Township, Range, Lat/Lon, and/orAccessors's Parcel Number, for example. See Functional Design Plans (sent under separate cover). 17. DIRECTIONS TO THE SITE ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-OR) 18. Nature of Activity (Description of project, include all features) Cohst ruction of a four-lane, west of the city of New Bern. full control of access, median-divided roadway See the Draft Environmental Impact Statement. 19. Project Purpose (Describe the reason or purpose of the project, see instructions) Public transportation USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge Construction of Highway 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards Information to be developed when alternative is chosen (see cover letter for description of process) 22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions) Information to be developed when alternative is chosen (see cover letter for description of process) 23. Is Any Portion of the Work Already Complete? Yes _ No x IF YES, DESCRIBE THE COMPLETED WORK 24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here, please attach a supplemental list). 25. List of Other Certifications or Approvals/Denials Received from other Federal, State, or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED Would include but is not restricted to zoning, building, and flood plain permits 26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant. "? C_ " & o--t- SIGNATURE F APPLICANT ATE SIGNATURE OF AGENT DATE The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-OR) ,F . *? SL1? o STATE OF NORTH CAROLINA FEB 2 5 RA WETLANDS iNOW)' WATER OUAUly ?Fchl DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 E. NORRIS TOLSON GOVERNOR February 12, 1999 Mr. Michael F. Bell Washington Regulatory Field Office U. S. Army Corps of Engineers Post Office Box 1000 Washington, North Carolina 27889-1000 Dear Mr. Bell: SECRETARY SUBJECT: Craven County, US 17 New Bern Bypass, State Project No. 6.179001 T, TIP Project No. R-2301, USACOE Action ID No. 199300910 As you are aware, the North Carolina Department of Transportation (NCDOT) is proposing to improve the US 17 corridor in Craven County by constructing a four-lane, full control of access, median-divided roadway west of the city of New Bern. The proposed freeway would bypass the adjacent municipalities of River Bend, Trent Woods and Bridgeton. The proposed US 17 New Bern Bypass was first included in the NCDOT Transportation Improvement Program (TIP) in 1988. At that time the US 17 corridor was designated a "Strategic Corridor", giving the route priority status for improvement to a minimum four- lane divided facility. In 1989, US 17 from South Carolina to Virginia was designated an "Intrastate System" route in the Highway Trust Fund Act. The Intrastate System is a network of major, multilane arterial highways designed to connect the major population centers inside and outside the state and to provide safe, convenient, through-travel for motorists. The Intrastate System was established to support statewide growth and development objectives and to connect to major highways in adjoining states. US 17 is the only principal north-south highway east of I-95. It provides connectivity between the major population centers of the coastal counties including Elizabeth City, Edenton, Windsor, New Bern, Jacksonville and Wilmington. US 17 also provides an important link to major east-west highways such as US 64, US 70, US 74 and I-40. During the summer months, US 17 serves large volumes of seasonal tourist traffic and is one of the two primary hurricane evacuations routes for the Outer Banks north of Cape Hatteras. Within recent years, the coastal region of the state has experienced significant development for both year-round residents and seasonal visitors. With the increasing population, there IT is a growing need to improve evacuation routes for major storm events, such as Hurricane Bonnie. Thoroughfare plaq updates for New Bern-River Bend-Trent Woods-Bridgeton and for Craven County include portions of the US 17 New Bern Bypass. The Bypass was identified as a prerequisite to the implementation of the plan. The US 17 New Bern Bypass is designated as a "key economic development highway" in Governor Hunt's North Carolina Transportation 2001 plan. Existing US 17 is a four-lane, non-controlled access highway from the Jones-Craven County line through the Town of Bridgeton except at the two-lane Neuse River bascule bridge. North of Bridgeton, US 17 is a two-lane rural highway. US 17 is concurrent with NC 55 and US 70 Business for approximately 2.7 and 1.7 miles, respectively, as it passes in an east-west direction through New Bern. In 1987, US 17 traffic congestion in downtown led to the signing of a designated "bypass route" along NC 43. This designation increased the traffic use of NC 43 resulting in congestion on the urban section of Neuse Boulevard and Glenburnie Road. The annual average daily traffic (AADT) volumes on US 17 through the project area ranged from 6,700 to 19,800 vehicles per day in 1989; the AADT on NC 43 ranged from 4,400 to 18,500 vehicles per day. By the year 2010, these volumes are projected to increase to between 9,900 and 29,200 vehicles per day on US 17 and 6,500 to 27,300 vehicles per day on NC 43. By the year 2016 it is anticipated between 17,200 and 30,200 vehicles per day will travel the New Bern Bypass. It is estimated 23 accidents will occur along the bypass in the design year. If these vehicles traveled on existing US 17 and NC 43, it is estimated an additional 124 accidents would occur on these facilities as a result of the increased traffic volumes and the lower design standards on these roadways. Thus, it is anticipated the construction of the New Bern Bypass will reduce the accident rate along US 17 and NC 43 by approximately 81 percent. This will result in cost savings of $1.23 million per year. In September 1991, a Draft Environmental Impact Statement was published evaluating nine proposed build alternatives and a "no build" alternative. On November 7, 1991, a corridor public hearing was held. Each of the nine build alternatives impacted the Pleasant Hill community, a minority community located along NC 55 between Washington Forks and Beamon Forks. Due in part to opposition received from the Pleasant Hill community at the corridor public hearing, a tenth alternative was proposed that avoided the community yet met the transportation objectives established for the original nine build alternatives. During the study of Alternative 10, potentially important mineral deposits in the vicinity of US 70 were identified. Alternative 11 was developed to avoid the Pleasant Hill community and minimize impacts to the unmined mineral deposits. Alternative 12 was subsequently identified as a means of accomplishing the above objectives while minimizing impacts to wetlands. The permits issued by the North Carolina Department of Environment and Natural Resources, Division of Water Quality and Division of Coastal Management; the United States Army Corps of Engineers; and the United States Coast Guard for the construction of the Neuse River Bridge Replacement (TIP Project No. B-2531) required certain actions be taken prior to the construction of the New Bern Bypass. These permits required the NCDOT to develop a detailed plan to compensate for the wetland impacts associated with both projects prior to the expiration dates of the permits issued for the Neuse River Bridge Replacement. The permits further required the NCDOT to complete the construction of the required compensatory mitigation site prior to beginning construction on the New Bern .s . Bypass or within one year of the expiration of the Neuse River Bridge Replacement (12/31/99), whichever comes first. In July 1995, a Memorandum of Agreement was signed between the NCDOT and the Division of Coastal Management to cooperatively develop a plan for the compensatory mitigation of wetland impacts associated with the Neuse River Bridge Replacement and the New Bern Bypass projects. Currently, the NCDOT proposes to bridge the high-quality, bottomland hardwood wetland systems associated with the Neuse River, Swift Creek and Bachelor Creek. Other unavoidable wetland losses would be mitigated by the preservation, restoration and enhancement (as applicable) from the Croatan Wetland Mitigation Bank. The NCDOT hereby submits a permit application form for TIP Project No. R-2301 so public review of this project for regulatory purposes can commence. This submittal is in accordance with step four of the guidelines for integrating project review under the National Environmental Policy Act and Section 404 of the Clean Water Act. Following the public review period and the public announcement of the selection of preferred alternative, wetland delineations and preliminary design within the preferred corridor will begin. Additional actions, as set forth in the above-mentioned guidelines, will be required to fulfill the project implementation process. It is expected final issuance of the permits required for this project will occur near the end of this process. Enclosed you will find a completed ENG form 4345. This letter, along with the previously distributed EA, should provide sufficient information for the issuance of a Public Notice for the project. A set of functional design plans and a copy of the corridor pubic hearing transcript are being sent under separate cover. If you have any questions, or need additional information, please contact Ms. Gail Grimes at (919) 733-7844 extension 265 or Ms. Alice Gordon at (919) 733-7844 extension 307. Sincerely, Jv 19 J_ / William D. Gilmore, P.E., Manager Project Development and Environmental Analysis Branch CVB/lgg cc: w/encl. Mr. David Franklin, USACE, Wilmington Field Office Mr. John Dorney, DWQ, DENR Mr. John Parker, DCM, DENR Mr. John Hefner, USFWS Mr. David Cox, NCWRC Mr. Ron Sechler, NMFS Mr. N. L. Graf, P.E., FHWA w/out encl. Mr. A. L. Hankins, P.E., Hydraulics Mr. Len Hill, P.E., Highway Design Branch Mr. Whit Webb, P.E., Program Development Branch Mr. Tom Shearin, P.E., Roadway Design Unit Mr. C. E. Lassiter, P.E., Division 2 Engineer Ms. Gail Grimes, P.E., PD&EA APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT I OMB APPROVAL NO. 0710-003 (33 CFR 325) Expires October 1996 Public reporting burden for this collection of information is estimated to average 5 hours per response, including the time for reviewing ructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of rmation. Send comments regarding this burden estimate or any other aspect of this collection of Information, including suggestions for reducing burden, to Department of Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis sway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, 20503. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer Ing jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authority: 33 USC 401, Section 10: 1413, Section 404. Principal Purpose: These laws require authorizing activities in, or affecting, navigable ars of the United States, the discharge or fill material into waters of the United States, and the transportation of dredged material for the purpose umping it Into ocean waters. Routine Uses: Information provided on this form will be used in evaluating the application for a permit Disclosure: closure of requested Information Is voluntary. If information is not provided, however, the permit application cannot be processed nor can a nit be Issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to application (see sample drawings and Instructions) and be submitted to the District Engineer having jurisdiction over the location of the posed activity. An application that is not completed in full will be returned. (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1. APPLICATION NO. 2. FIELD OFFICE CODE 13. DATE RECEIVED 4. DATE APPLICATION COMPLETED (ITEMS BELOW TO BE FILLED BY APPLICANT) 5. APPLICANTS NAME 8. AUTHORIZED AGENTS NAME AND TITLE (an agent is not required) forth Carolina Department of Transportation 'fanning and Environmental Branch 6. APPLICANTS ADDRESS 9. AGENTS ADDRESS '.O. Box 25201 sleigh, NC 27611 7. APPLICANTS PHONE NOS. W/AREA CODE 10. AGENTS PHONE NOS. W/AREA CODE Residence a. Residence Business 919-733-3141 b. Business STATEMENT OF AUTHORIZATION I hereby authorize, to act in my behalf as my agent in the processing of this application and to furnish, upon test, supplemental information in support of this permit application. APPLICANTS SIGNATURE DATE NAME, LOCATION, AND DESCRIPTION OR PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (see instructions) R-2301) Craven County, US 17 New Bern Bypass, State ject No. 6.179001T. 13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS (if applicable) ise River 15. LOCATION OF PROJECT Craven NC COUNTY STATE 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) Section, Township, Range, Lat/Lon, and/or Accessors's Parcel Number, for example. See Functional Design Plans (sent under separate cover). 17. DIRECTIONS TO THE SITE -ORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-OR) 18. Nature of Activity (Description of project, include all features) Construction of a four-lane, full control of access, median-divided roadway west of the city of New Bern. See the Draft Environmental Impact Statement. 19. Project Purpose (Describe the reason or purpose of the project, see instructions) Public transportation USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge Construction of Highway 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards Information to be developed when alternative is chosen (see cover letter for description of process) 22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions) Information to be developed when alternative is chosen (see cover letter for description of process) 23. Is Any Portion of the Work Already Complete? Yes _ No x IF YES, DESCRIBE THE COMPLETED WORK 24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here, please attach a supplemental list). 25. List of Other Certifications or Approvals/Denials Received from other Federal, State, or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED Would include but is not restricted to zoning, building, and flood plain permits 26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant. "y C - &L kt; o .-W - SIGNATURE F APPLICANT ATE SIGNATURE OF AGENT DATE The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-OR) b?• Swrv STATE OF NORTH CAROLINA FEB 2 5 1 E WETLANDS GROUP WATER QUALITY SECT10 DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 E. NORRIS TOLSON GOVERNOR February 12, 1999 Mr. Michael F. Bell Washington Regulatory Field Office U. S. Army Corps of Engineers Post Office Box 1000 Washington, North Carolina 27889-1000 Dear Mr. Bell: SECRETARY SUBJECT: Craven County, US 17 New Bern Bypass, State Project No. 6.179001T, TIP Project No. R-2301, USACOE Action ID No. 199300910 As you are aware, the North Carolina Department of Transportation (NCDOT) is proposing to improve the US 17 corridor in Craven County by constructing a four-lane, full control of access, median-divided roadway west of the city of New Bern. The proposed freeway would bypass the adjacent municipalities of River Bend, Trent Woods and Bridgeton. The proposed US 17 New Bern Bypass was first included in the NCDOT Transportation Improvement Program (TIP) in 1988. At that time the US 17 corridor was designated a "Strategic Corridor", giving the route priority status for improvement to a minimum four- lane divided facility. In 1989, US 17 from South Carolina to Virginia was designated an "Intrastate System" route in the Highway Trust Fund Act. The Intrastate System is a network of major, multilane arterial highways designed to connect the major population centers inside and outside the state and to provide safe, convenient, through-travel for motorists. The Intrastate System was established to support statewide growth and development objectives and to connect to major highways in adjoining states. US 17 is the only principal north-south highway east of I-95. It provides connectivity between the major population centers of the coastal counties including Elizabeth City, Edenton, Windsor, New Bern, Jacksonville and Wilmington. US 17 also provides an important link to major east-west highways such as US 64, US 70, US 74 and I-40. During the summer months, US 17 serves large volumes of seasonal tourist traffic and is one of the two primary hurricane evacuations routes for the Outer Banks north of Cape Hatteras. Within recent years, the coastal region of the state has experienced significant development for both year-round residents and seasonal visitors. With the increasing population, there is a growing need to improve evacuation routes for major storm events, such as Hurricane Bonnie. Thoroughfare plan gpdates for New Bern-River Bend-Trent Woods-Bridgeton and for Craven County ineHzde portions of the US 17 New Bern Bypass. The Bypass was identified as a prerequisite to the implementation of the plan. The US 17 New Bern Bypass is designated as a "key economic development highway" in Governor Hunt's North Carolina Transportation 2001 plan. Existing US 17 is a four-lane, non-controlled access highway from the Jones-Craven County line through the Town of Bridgeton except at the two-lane Neuse River bascule bridge. North of Bridgeton, US 17 is a two-lane rural highway. US 17 is concurrent with NC 55 and US 70 Business for approximately 2.7 and 1.7 miles, respectively, as it passes in an east-west direction through New Bern. In 1987, US 17 traffic congestion in downtown led to the signing of a designated "bypass route" along NC 43. This designation increased the traffic use of NC 43 resulting in congestion on the urban section of Neuse Boulevard and Glenburnie Road. The annual average daily traffic (AADT) volumes on US 17 through the project area ranged from 6,700 to 19,800 vehicles per day in 1989; the AADT on NC 43 ranged from 4,400 to 18,500 vehicles per day. By the year 2010, these volumes are projected to increase to between 9,900 and 29,200 vehicles per day on US 17 and 6,500 to 27,300 vehicles per day on NC 43. By the year 2016 it is anticipated between 17,200 and 30,200 vehicles per day will travel the New Bern Bypass. It is estimated 23 accidents will occur along the bypass in the design year. If these vehicles traveled on existing US 17 and NC 43, it is estimated an additional 124 accidents would occur on these facilities as a result of the increased traffic volumes and the lower design standards on these roadways. Thus, it is anticipated the construction of the New Bern Bypass will reduce the accident rate along US 17 and NC 43 by approximately 81 percent. This will result in cost savings of $1.23 million per year. In September 1991, a Draft Environmental Impact Statement was published evaluating nine proposed build alternatives and a "no build" alternative. On November 7, 1991, a corridor public hearing was held. Each of the nine build alternatives impacted the Pleasant Hill community, a minority community located along NC 55 between Washington Forks and Beamon Forks. Due in part to opposition received from the Pleasant Hill community at the corridor public hearing, a tenth alternative was proposed that avoided the community yet met the transportation objectives established for the original nine build alternatives. During the study of Alternative 10, potentially important mineral deposits in the vicinity of US 70 were identified. Alternative 11 was developed to avoid the Pleasant Hill community and minimize impacts to the unmined mineral deposits. Alternative 12 was subsequently identified as a means of accomplishing the above objectives while minimizing impacts to wetlands. The permits issued by the North Carolina Department of Environment and Natural Resources, Division of Water Quality and Division of Coastal Management; the United States Army Corps of Engineers; and the United States Coast Guard for the construction of the Neuse River Bridge Replacement (TIP Project No. B-2531) required certain actions be taken prior to the construction of the New Bern Bypass. These permits required the NCDOT to develop a detailed plan to compensate for the wetland impacts associated with both projects prior to the expiration dates of the permits issued for the Neuse River Bridge Replacement. The permits further required the NCDOT to complete the construction of the required compensatory mitigation site prior to beginning construction on the New Bern ti Bypass or within one year of the expiration of the Neuse River Bridge Replacement (12/31/99), whichever comes first. In July 1995, a Memorandum of Agreement was signed between the NCDOT and the Division of Coastal Management to cooperatively develop a plan for the compensatory mitigation of wetland impacts associated with the Neuse River Bridge Replacement and the New Bern Bypass projects. Currently, the NCDOT proposes to bridge the high-quality, bottomland hardwood wetland systems associated with the Neuse River, Swift Creek and Bachelor Creek. Other unavoidable wetland losses would be mitigated by the preservation, restoration and enhancement (as applicable) from the Croatan Wetland Mitigation Bank. The NCDOT hereby submits a permit application form for TIP Project No. R-2301 so public review of this project for regulatory purposes can commence. This submittal is in accordance with step four of the guidelines for integrating project review under the National Environmental Policy Act and Section 404 of the Clean Water Act. Following the public review period and the public announcement of the selection of preferred alternative, wetland delineations and preliminary design within the preferred corridor will begin. Additional actions, as set forth in the above-mentioned guidelines, will be required to fulfill the project implementation process. It is expected final issuance of the permits required for this project will occur near the end of this process. Enclosed you will find a completed ENG form 4345. This letter, along with the previously distributed EA, should provide sufficient information for the issuance of a Public Notice for the project. A set of functional design plans and a copy of the corridor pubic hearing transcript are being sent under separate cover. If you have any questions, or need additional information, please contact Ms. Gail Grimes at (919) 733-7844 extension 265 or Ms. Alice Gordon at (919) 733-7844 extension 307. Sincerely, William D. Gilmore, P.E., Manager Project Development and Environmental Analysis Branch CVB/lgg cc: w/encl. Mr. David Franklin, USACE, Wilmington Field Office Mr. John Dorney, DWQ, DENR Mr. John Parker, DCM, DENR Mr. John Hefner, USFWS Mr. David Cox, NCWRC Mr. Ron Sechler, NMFS Mr. N. L. Graf, P.E., FHWA w/out encl. Mr. A. L. Hankins, P.E., Hydraulics Mr. Len Hill, P.E., Highway Design Branch Mr. Whit Webb, P.E., Program Development Branch Mr. Tom Shearin, P.E., Roadway Design Unit Mr. C. E. Lassiter, P.E., Division 2 Engineer Ms. Gail Grimes, P.E., PD&EA . . .,+ APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT I OMB APPROVAL NO. 0710-003 (33 CFR 325) Expires October 1996 Public reporting burden for this collection of information is estimated to average 5 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20503. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authority: 33 USC 401, Section 10: 1413, Section 404. Principal Purpose: These laws require authorizing activities in, or affecting, navigable waters of the United States, the discharge or fill material into waters of the United States, and the transportation of dredged material for the purpose of dumping it Into ocean waters. Routine Uses: Information provided on this form will be used in evaluating the application for a permit Disclosure: Disclosure of requested Infonmation is voluntary. If information is not provided, however, the permit application cannot be processed nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and Instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED (ITEMS BELOW TO BE FILLED BY APPLICANT) 5. APPLICANTS NAME 8. AUTHORIZED AGENTS NAME AND TITLE (an agent is not required) North Carolina Department of Transportation Planning and Environmental Branch 6. APPLICANTS ADDRESS 9. AGENTS ADDRESS P.O. Box 25201 Raleigh, NC 27611 7. APPLICANTS PHONE NOS. W/AREA CODE 10. AGENTS PHONE NOS. W/AREA CODE a. Residence a. Residence b. Business 919-733-3141 b. Business 11. STATEMENT OF AUTHORIZATION I hereby authorize, to act in my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this permit application. APPLICANTS SIGNATURE DATE NAME, LOCATION, AND DESCRIPTION OR PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (see instructions) R-2301) Craven County, US 17 New Bern Bypass, State Project No. 6.179001T. 13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS (if applicable) Neuse River 15. LOCATION OF PROJECT Craven NC COUNTY STATE 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) Section, Township, Range, Lat/Lon, andlor Accessors's Parcel Number, for example. See Functional Design Plans (sent under separate cover). 17. DIRECTIONS TO THE SITE ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-OR) R Nature of Activity (Description of project, include all features) Construction of a four-lane, full control of access, median-divided roadway west of the city of New Bern. See the Draft Environmental Impact Statement. 19. Project Purpose (Describe the reason or purpose of the project, see instructions) Public transportation USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge Construction of Highway 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards Information to be developed when alternative is chosen (see cover letter for description of process) 22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions) Information to be developed when alternative is chosen (see cover letter for description of process) 23. Is Any Portion of the Work Already Complete? Yes _ No x IF YES, DESCRIBE THE COMPLETED WORK 24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here, please attach a supplemental list). 25. List of Other Certifications or Approvals/Denials Received from other Federal, State, or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED Would include but is not restricted to zoning, building, and flood plain permits 26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant. G." -0 wt.-t- ,tom :LS '"`J SIGNATURE F APPLICANT ATE SIGNATURE OF AGENT DATE The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-OR) 1 0 ?o ?q a.r va?? 2 5 ND$ GROUP waTF nuAU1Y SECTIOfJ STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 E. NORRIS TOLSON GOVERNOR February 12, 1999 Mr. Michael F. Bell Washington Regulatory Field Office U. S. Army Corps of Engineers Post Office Box 1000 Washington, North Carolina 27889-1000 Dear Mr. Bell: SECRETARY SUBJECT: Craven County, US 17 New Bern Bypass, State Project No. 6.179001 T, TIP Project No. R-2301, USACOE Action ID No. 199300910 As you are aware, the North Carolina Department of Transportation (NCDOT) is proposing to improve the US 17 corridor in Craven County by constructing a four-lane, full control of access, median-divided roadway west of the city of New Bern. The proposed freeway would bypass the adjacent municipalities of River Bend, Trent Woods and Bridgeton. The proposed US 17 New Bern Bypass was first included in the NCDOT Transportation Improvement Program (TIP) in 1988. At that time the US 17 corridor was designated a "Strategic Corridor", giving the route priority status for improvement to a minimum four- lane divided facility. In 1989, US 17 from South Carolina to Virginia was designated an "Intrastate System" route in the Highway Trust Fund Act. The Intrastate System is a network of major, multilane arterial highways designed to connect the major population centers inside and outside the state and to provide safe, convenient, through-travel for motorists. The Intrastate System was established to support statewide growth and development objectives and to connect to major highways in adjoining states. US 17 is the only principal north-south highway east of I-95. It provides connectivity between the major population centers of the coastal counties including Elizabeth City, Edenton, Windsor, New Bern, Jacksonville and Wilmington. US 17 also provides an important link to major east-west highways such as US 64, US 70, US 74 and I-40. During the summer months, US 17 serves large volumes of seasonal tourist traffic and is one of the two primary hurricane evacuations routes for the Outer Banks north of Cape Hatteras. Within recent years, the coastal region of the state has experienced significant development for both year-round residents and seasonal visitors. With the increasing population, there 4 1 is a growing need to improve evacuation routes for major storm events, such as Hurricane Bonnie. IN 03H Thoroughfare plan updates for New Bern-River Bend-Trent Woods-Bridgeton and for Craven County.itlcWe• portions of the US 17 New Bern Bypass. The Bypass was identified as a prerequisite to the implementation of the plan. The US 17 New Bern Bypass is designated as a "key economic development highway" in Governor Hunt's North Carolina Transportation 2001 plan. Existing US 17 is a four-lane, non-controlled access highway from the Jones-Craven County line through the Town of Bridgeton except at the two-lane Neuse River bascule bridge. North of Bridgeton, US 17 is a two-lane rural highway. US 17 is concurrent with NC 55 and US 70 Business for approximately 2.7 and 1.7 miles, respectively, as it passes in an east-west direction through New Bern. In 1987, US 17 traffic congestion in downtown led to the signing of a designated "bypass route" along NC 43. This designation increased the traffic use of NC 43 resulting in congestion on the urban section of Neuse Boulevard and Glenburnie Road. The annual average daily traffic (AADT) volumes on US 17 through the project area ranged from 6,700 to 19,800 vehicles per day in 1989; the AADT on NC 43 ranged from 4,400 to 18,500 vehicles per day. By the year 2010, these volumes are projected to increase to between 9,900 and 29,200 vehicles per day on US 17 and 6,500 to 27,300 vehicles per day on NC 43. By the year 2016 it is anticipated between 17,200 and 30,200 vehicles per day will travel the New Bern Bypass. It is estimated 23 accidents will occur along the bypass in the design year. If these vehicles traveled on existing US 17 and NC 43, it is estimated an additional 124 accidents would occur on these facilities as a result of the increased traffic volumes and the lower design standards on these roadways. Thus, it is anticipated the construction of the New Bern Bypass will reduce the accident rate along US 17 and NC 43 by approximately 81 percent. This will result in cost savings of $1.23 million per year. In September 1991, a Draft Environmental Impact Statement was published evaluating nine proposed build alternatives and a "no build" alternative. On November 7, 1991, a corridor public hearing was held. Each of the nine build alternatives impacted the Pleasant Hill community, a minority community located along NC 55 between Washington Forks and Beamon Forks. Due in part to opposition received from the Pleasant Hill community at the corridor public hearing, a tenth alternative was proposed that avoided the community yet met the transportation objectives established for the original nine build alternatives. During the study of Alternative 10, potentially important mineral deposits in the vicinity of US 70 were identified. Alternative 11 was developed to avoid the Pleasant Hill community and minimize impacts to the unmined mineral deposits. Alternative 12 was subsequently identified as a means of accomplishing the above objectives while minimizing impacts to wetlands. The permits issued by the North Carolina Department of Environment and Natural Resources, Division of Water Quality and Division of Coastal Management; the United States Army Corps of Engineers; and the United States Coast Guard for the construction of the Neuse River Bridge Replacement (TIP Project No. B-2531) required certain actions be taken prior to the construction of the New Bern Bypass. These permits required the NCDOT to develop a detailed plan to compensate for the wetland impacts associated with both projects prior to the expiration dates of the permits issued for the Neuse River Bridge Replacement. The permits further required the NCDOT to complete the construction of the required compensatory mitigation site prior to beginning construction on the New Bern Bypass or within one year of the expiration of the Neuse River Bridge Replacement (12/31/99), whichever comes first. In July 1995, a Memorandum of Agreement was signed between the NCDOT and the Division of Coastal Management to cooperatively develop a plan for the compensatory mitigation of wetland impacts associated with the Neuse River Bridge Replacement and the New Bern Bypass projects. Currently, the NCDOT proposes to bridge the high-quality, bottomland hardwood wetland systems associated with the Neuse River, Swift Creek and Bachelor Creek. Other unavoidable wetland losses would be mitigated by the preservation, restoration and enhancement (as applicable) from the Croatan Wetland Mitigation Bank. The NCDOT hereby submits a permit application form for TIP Project No. R-2301 so public review of this project for regulatory purposes can commence. This submittal is in accordance with step four of the guidelines for integrating project review under the National Environmental Policy Act and Section 404 of the Clean Water Act. Following the public review period and the public announcement of the selection of preferred alternative, wetland delineations and preliminary design within the preferred corridor will begin. Additional actions, as set forth in the above-mentioned guidelines, will be required to fulfill the project implementation process. It is expected final issuance of the permits required for this project will occur near the end of this process. Enclosed you will find a completed ENG form 4345. This letter, along with the previously distributed EA, should provide sufficient information for the issuance of a Public Notice for the project. A set of functional design plans and a copy of the corridor pubic hearing transcript are being sent under separate cover. If you have any questions, or need additional information, please contact Ms. Gail Grimes at (919) 733-7844 extension 265 or Ms. Alice Gordon at (919) 733-7844 extension 307. Sincerely, William D. Gilmore, P.E., Manager Project Development and Environmental Analysis Branch CVB/lgg cc: w/encl. Mr. David Franklin, USACE, Wilmington Field Office Mr. John Dorney, DWQ, DENR Mr. John Parker, DCM, DENR Mr. John Hefner, USFWS Mr. David Cox, NCWRC Mr. Ron Sechler, NMFS Mr. N. L. Graf, P.E., FHWA w/out encl. Mr. A. L. Hankins, P.E., Hydraulics Mr. Len Hill, P.E., Highway Design Branch Mr. Whit Webb, P.E., Program Development Branch Mr. Tom Shearin, P.E., Roadway Design Unit Mr. C. E. Lassiter, P.E., Division 2 Engineer Ms. Gail Grimes, P.E., PD&EA APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT I OMB APPROVAL NO. 0710-003 (33 CFR 325) Expires October 1996 Public reporting burden for this collection of Information is estimated to average 5 hours per response, including the time for reviewing Instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of Information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20503. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authority: 33 USC 401, Section 10: 1413, Section 404. Principal Purpose: These laws require authorizing activities in, or affecting, navigable waters of the United States, the discharge or fill material into waters of the United States, and the transportation of dredged material for the purpose of dumping it into ocean waters. Routine Uses: Information provided on this form will be used in evaluating the application for a permit. Disclosure: Disclosure of requested information is voluntary. If Information is not provided, however, the permit application cannot be processed nor can a permit be Issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and Instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED (ITEMS BELOW TO BE FILLED BY APPLICANT) 5. APPLICANTS NAME 8. AUTHORIZED AGENTS NAME AND TITLE (an agent is not required) North Carolina Department of Transportation Planning and Environmental Branch 6. APPLICANTS ADDRESS 9. AGENTS ADDRESS P.O. Box 25201 Raleigh, NC 27611 7. APPLICANTS PHONE NOS. W/AREA CODE 10. AGENTS PHONE NOS. W/AREA CODE a. Residence a. Residence b. Business 919-733-3141 b. Business 11. STATEMENT OF AUTHORIZATION I hereby authorize, to act in my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this permit application. APPLICANTS SIGNATURE DATE NAME, LOCATION, AND DESCRIPTION OR PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (see instructions) R-2301) Craven County, US 17 New Bern Bypass, State Project No. 6.179001T. 13. NAME OF WATERBODY, IF KNOWN (a applicable) 14. PROJECT STREET ADDRESS (if applicable) Neuse River 15. LOCATION OF PROJECT Craven NC COUNTY STATE 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) Section, Township, Range, Lat/Lon, and/or Accessors's Parcel Number, for example. See Functional Design Plans (sent under separate cover). 17. DIRECTIONS TO THE SITE ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-OR) 18. Nature of Activity (Description of project, include all features) Construction of a four-lane, full control of access, median-divided roadway west of the city of New Bern. See the Draft Environmental Impact Statement. 19. Project Purpose (Describe the reason or purpose of the project, see instructions) Public transportation USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge Construction of Highway 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards Information to be developed when alternative is chosen (see cover letter for description of process) 22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions) Information to be developed when alternative is chosen (see cover letter for description of process) 23. Is Any Portion of the Work Already Complete? Yes _ No x IF YES, DESCRIBE THE COMPLETED WORK 24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more then can be entered here, please attach a supplemental list). 25. List of Other Certifications or Approvals/Denials Received from other Federal, State, or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED Would include but is not restricted to zoning, building, and flood plain permits 26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant. C. &L & SIGNATURE 43F APPLICANT ATE SIGNATURE OF AGENT DATE The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-OR) FIB -WMNDS GROUN WATER QUALITY SEC IIC; STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 E. NORRIS TOLSON GOVERNOR February 12, 1999 Mr. Michael F. Bell Washington Regulatory Field Office U. S. Army Corps of Engineers Post Office Box 1000 Washington, North Carolina 27889-1000 Dear Mr. Bell: SECRETARY U SUBJECT: Craven County, US 17 New Bern Bypass, State Project No. 6.179001 T, TIP Project No. R-2301, USACOE Action ID No. 199300910 As you are aware, the North Carolina Department of Transportation (NCDOT) is proposing to improve the US 17 corridor in Craven County by constructing a four-lane, full control of access, median-divided roadway west of the city of New Bern. The proposed freeway would bypass the adjacent municipalities of River Bend, Trent Woods and Bridgeton. The proposed US 17 New Bern Bypass was first included in the NCDOT Transportation Improvement Program (TIP) in 1988. At that time the US 17 corridor was designated a "Strategic Corridor", giving the route priority status for improvement to a minimum four- lane divided facility. In 1989, US 17 from South Carolina to Virginia was designated an "Intrastate System" route in the Highway Trust Fund Act. The Intrastate System is a network of major, multilane arterial highways designed to connect the major population centers inside and outside the state and to provide safe, convenient, through-travel for motorists. The Intrastate System was established to support statewide growth and development objectives and to connect to major highways in adjoining states. US 17 is the only principal north-south highway east of I-95. It provides connectivity between the major population centers of the coastal counties including Elizabeth City, Edenton, Windsor, New Bern, Jacksonville and Wilmington. US 17 also provides an important link to major east-west highways such as US 64, US 70, US 74 and I-40. During the summer months, US 17 serves large volumes of seasonal tourist traffic and is one of the two primary hurricane evacuations routes for the Outer Banks north of Cape Hatteras. Within recent years, the coastal region of the state has experienced significant development for both year-round residents and seasonal visitors. With the increasing population, there is a growing need to improve evacuation routes for major storm events, such as Hurricane Bonnie. Thoroughfare plaYupdates for New Bern-River Bend-Trent Woods-Bridgeton and for Craven County include portions of the US 17 New Bern Bypass. The Bypass was identified as a prerequisite to the implementation of the plan. The US 17 New Bern Bypass is designated as a "key economic development highway" in Governor Hunt's North Carolina Transportation 2001 plan. Existing US 17 is a four-lane, non-controlled access highway from the Jones-Craven County line through the Town of Bridgeton except at the two-lane Neuse River bascule bridge. North of Bridgeton, US 17 is a two-lane rural highway. US 17 is concurrent with NC 55 and US 70 Business for approximately 2.7 and 1.7 miles, respectively, as it passes in an east-west direction through New Bern. In 1987, US 17 traffic congestion in downtown led to the signing of a designated "bypass route" along NC 43. This designation increased the traffic use of NC 43 resulting in congestion on the urban section of Neuse Boulevard and Glenburnie Road. The annual average daily traffic (AADT) volumes on US 17 through the project area ranged from 6,700 to 19,800 vehicles per day in 1989; the AADT on NC 43 ranged from 4,400 to 18,500 vehicles per day. By the year 2010, these volumes are projected to increase to between 9,900 and 29,200 vehicles per day on US 17 and 6,500 to 27,300 vehicles per day on NC 43. By the year 2016 it is anticipated between 17,200 and 30,200 vehicles per day will travel the New Bern Bypass. It is estimated 23 accidents will occur along the bypass in the design year. If these vehicles traveled on existing US 17 and NC 43, it is estimated an additional 124 accidents would occur on these facilities as a result of the increased traffic volumes and the lower design standards on these roadways. Thus, it is anticipated the construction of the New Bern Bypass will reduce the accident rate along US 17 and NC 43 by approximately 81 percent. This will result in cost savings of $1.23 million per year. In September 1991, a Draft Environmental Impact Statement was published evaluating nine proposed build alternatives and a "no build" alternative. On November 7, 1991, a corridor public hearing was held. Each of the nine build alternatives impacted the Pleasant Hill community, a minority community located along NC 55 between Washington Forks and Beamon Forks. Due in part to opposition received from the Pleasant Hill community at the corridor public hearing, a tenth alternative was proposed that avoided the community yet met the transportation objectives established for the original nine build alternatives. During the study of Alternative 10, potentially important mineral deposits in the vicinity of US 70 were identified. Alternative 11 was developed to avoid the Pleasant Hill community and minimize impacts to the unmined mineral deposits. Alternative 12 was subsequently identified as a means of accomplishing the above objectives while minimizing impacts to wetlands. The permits issued by the North Carolina Department of Environment and Natural Resources, Division of Water Quality and Division of Coastal Management; the United States Army Corps of Engineers; and the United States Coast Guard for the construction of the Neuse River Bridge Replacement (TIP Project No. B-2531) required certain actions be taken prior to the construction of the New Bern Bypass. These permits required the NCDOT to develop a detailed plan to compensate for the wetland impacts associated with both projects prior to the expiration dates of the permits issued for the Neuse River Bridge Replacement. The permits further required the NCDOT to complete the construction of the required compensatory mitigation site prior to beginning construction on the New Bern Bypass or within one year of the expiration of the Neuse River Bridge Replacement (12/31/99), whichever comes first. In July 1995, a Memorandum of Agreement was signed between the NCDOT and the Division of Coastal Management to cooperatively develop a plan for the compensatory mitigation of wetland impacts associated with the Neuse River Bridge Replacement and the New Bern Bypass projects. Currently, the NCDOT proposes to bridge the high-quality, bottomland hardwood wetland systems associated with the Neuse River, Swift Creek and Bachelor Creek. Other unavoidable wetland losses would be mitigated by the preservation, restoration and enhancement (as applicable) from the Croatan Wetland Mitigation Bank. The NCDOT hereby submits a permit application form for TIP Project No. R-2301 so public review of this project for regulatory purposes can commence. This submittal is in accordance with step four of the guidelines for integrating project review under the National Environmental Policy Act and Section 404 of the Clean Water Act. Following the public review period and the public announcement of the selection of preferred alternative, wetland delineations and preliminary design within the preferred corridor will begin. Additional actions, as set forth in the above-mentioned guidelines, will be required to fulfill the project implementation process. It is expected final issuance of the permits required for this project will occur near the end of this process. Enclosed you will find a completed ENG form 4345. This letter, along with the previously distributed EA, should provide sufficient information for the issuance of a Public Notice for the project. A set of functional design plans and a copy of the corridor pubic hearing transcript are being sent under separate cover. If you have any questions, or need additional information, please contact Ms. Gail Grimes at (919) 733-7844 extension 265 or Ms. Alice Gordon at (919) 733-7844 extension 307. Sincerely, ? VP / William D. Gilmore, P.E., Manager Project Development and Environmental Analysis Branch CVB/lgg cc: w/encl. Mr. David Franklin, USACE, Wilmington Field Office Mr. John Dorney, DWQ, DENR Mr. John Parker, DCM, DENR Mr. John Hefner, USFWS Mr. David Cox, NCWRC Mr. Ron Sechler, NMFS Mr. N. L. Graf, P.E., FHWA w/out encl. Mr. A. L. Hankins, P.E., Hydraulics Mr. Len Hill, P.E., Highway Design Branch Mr. Whit Webb, P.E., Program Development Branch Mr. Tom Shearin, P.E., Roadway Design Unit Mr. C. E. Lassiter, P.E., Division 2 Engineer Ms. Gail Grimes, P.E., PD&EA APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT I OMB APPROVAL NO.0710-003 (33 CFR 325) Expires October 1996 Public reporting burden for this collection of Information is estimated to average 5 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20503. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authority: 33 USC 401, Section 10: 1413, Section 404. Principal Purpose: These laws require authorizing activities in, or affecting, navigable waters of the United States, the discharge or fill material Into waters of the United States, and the transportation of dredged material for the purpose of dumping it Into ocean waters. Routine Uses: Information provided on this form will be used in evaluating the application for a permit. Disclosure: Disclosure of requested information Is voluntary. If information is not provided, however, the permit application cannot be processed nor can a permit be Issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and Instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED (ITEMS BELOW TO BE FILLED BY APPLICANT) 5. APPLICANTS NAME 8. AUTHORIZED AGENTS NAME AND TITLE (an agent is not required) North Carolina Department of Transportation Planning and Environmental Branch 6. APPLICANTS ADDRESS 9. AGENTS ADDRESS P.O. Box 25201 Raleigh, NC 27611 7. APPLICANTS PHONE NOS. W/AREA CODE 10. AGENTS PHONE NOS. W/AREA CODE a. Residence a. Residence b. Business 919-733-3141 b. Business 11. STATEMENT OF AUTHORIZATION I hereby authorize, to act in my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this permit application. APPLICANTS SIGNATURE DATE NAME, LOCATION, AND DESCRIPTION OR PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (see instructions) R-2301) Craven County, US 17 New Bern Bypass, State Project No. 6.179001T. 13. NAME OF WATERBODY, IF KNOWN (if applicable) Neuse River 14. PROJECT STREET ADDRESS (it applicable) 15. LOCATION OF PROJECT Craven NC COUNTY STATE 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) Section, Township, Range, Lat/Lon, and/or Accessors's Parcel Number, for example. See Functional Design Plans (sent under separate cover). 17. DIRECTIONS TO THE SITE ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-OR) 18. Nature of Activity (Description of project, include all features) Construction of a four-lane, full control of access, median-divided roadway west of the city of New Bern. See the Draft Environmental Impact Statement. 19. Project Purpose (Describe the reason or purpose of the project, see instructions) Public transportation USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge Construction of Highway 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards Information to be developed when alternative is chosen (see cover letter for description of process) 22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions) Information to be developed when alternative is chosen (see cover letter for description of process) 23. Is Any Portion of the Work Already Complete? Yes _ No x IF YES, DESCRIBE THE COMPLETED WORK 24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here, please attach a supplemental list). 25. List of Other Certifications or Approvals/Denials Received from other Federal, State, or Local Agencies for.Work Described in This Application. AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED Would include but is not restricted to zoning, building, and flood plain permits 26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant. SIGNATURE F APPLICANT ATE SIGNATURE OF AGENT DATE The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-OR) r0 1 . y'°M I r.-..-.... yiy FEB 1 , a WETLA?lOS Gt101.?+' STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. P.O. Box 25201, RALEIGH, N.C. 27611-5201 E. NORRIS TOLSON GOVERNOR February 12, 1999 Mr. Michael F. Bell Washington Regulatory Field Office U. S. Army Corps of Engineers Post Office Box 1000 Washington, North Carolina 27889-1000 Dear Mr. Bell: SECRETARY SUBJECT: Craven County, US 17 New Bern Bypass, State Project No. 6.179001 T, TIP Project No. R-2301, USACOE Action ID No. 199300910 As you are aware, the North Carolina Department of Transportation (NCDOT) is proposing to improve the US 17 corridor in Craven County by constructing a four-lane, full control of access, median-divided roadway west of the city of New Bern. The proposed freeway would bypass the adjacent municipalities of River Bend, Trent Woods and Bridgeton. The proposed US 17 New Bern Bypass was first included in the NCDOT Transportation Improvement Program (TIP) in 1988. At that time the US 17 corridor was designated a "Strategic Corridor", giving the route priority status for improvement to a minimum four- lane divided facility. In 1989, US 17 from South Carolina to Virginia was designated an "Intrastate System" route in the Highway Trust Fund Act. The Intrastate System is a network of major, multilane arterial highways designed to connect the major population centers inside and outside the state and to provide safe, convenient, through-travel for motorists. The Intrastate System was established to support statewide growth and development objectives and to connect to major highways in adjoining states. US 17 is the only principal north-south highway east of I-95. It provides connectivity between the major population centers of the coastal counties including Elizabeth City, Edenton, Windsor, New Bern, Jacksonville and Wilmington. US 17 also provides an important link to major east-west highways such as US 64, US 70, US 74 and I-40. During the summer months, US 17 serves large volumes of seasonal tourist traffic and is one of the two primary hurricane evacuations routes for the Outer Banks north of Cape Hatteras. Within recent years, the coastal region of the state has experienced significant development for both year-round residents and seasonal visitors. With the increasing population, there 1 wy is a growing need to improve evacuation routes for major storm events, such as Hurricane Bonnie. Thoroughfare plan updates for New Bern-River Bend-Trent Woods-Bridgeton and for Craven County include portions of the US 17 New Bern Bypass. The Bypass was identified as a prerequisite to the implementation of the plan. The US 17 New Bern Bypass is designated as a "key economic development highway" in Governor Hunt's North Carolina Transportation 2001 plan. Existing US 17 is a four-lane, non-controlled access highway from the Jones-Craven County line through the Town of Bridgeton except at the two-lane Neuse River bascule bridge. North of Bridgeton, US 17 is a two-lane rural highway. US 17 is concurrent with NC 55 and US 70 Business for approximately 2.7 and 1.7 miles, respectively, as it passes in an east-west direction through New Bern. In 1987, US 17 traffic congestion in downtown led to the signing of a designated "bypass route" along NC 43. This designation increased the traffic use of NC 43 resulting in congestion on the urban section of Neuse Boulevard and Glenbumie Road. The annual average daily traffic (AADT) volumes on US 17 through the project area ranged from 6,700 to 19,800 vehicles per day in 1989; the AADT on NC 43 ranged from 4,400 to 18,500 vehicles per day. By the year 2010, these volumes are projected to increase to between 9,900 and 29,200 vehicles per day on US 17 and 6,500 to 27,300 vehicles per day on NC 43. By the year 2016 it is anticipated between 17,200 and 30,200 vehicles per day will travel the New Bern Bypass. It is estimated 23 accidents will occur along the bypass in the design year. If these vehicles traveled on existing US 17 and NC 43, it is estimated an additional 124 accidents would occur on these facilities as a result of the increased traffic volumes and the lower design standards on these roadways. Thus, it is anticipated the construction of the New Bern Bypass will reduce the accident rate along US 17 and NC 43 by approximately 81 percent. This will result in cost savings of $1.23 million per year. In September 1991, a Draft Environmental Impact Statement was published evaluating nine proposed build alternatives and a "no build" alternative. On November 7, 1991, a corridor public hearing was held. Each of the nine build alternatives impacted the Pleasant Hill community, a minority community located along NC 55 between Washington Forks and Beamon Forks. Due in part to opposition received from the Pleasant Hill community at the corridor public hearing, a tenth alternative was proposed that avoided the community yet met the transportation objectives established for the original nine build alternatives. During the study of Alternative 10, potentially important mineral deposits in the vicinity of US 70 were identified. Alternative 11 was developed to avoid the Pleasant Hill community and minimize impacts to the unmined mineral deposits. Alternative 12 was subsequently identified as a means of accomplishing the above objectives while minimizing impacts to wetlands. The permits issued by the North Carolina Department of Environment and Natural Resources, Division of Water Quality and Division of Coastal Management; the United States Army Corps of Engineers; and the United States Coast Guard for the construction of the Neuse River Bridge Replacement (TIP Project No. B-2531) required certain actions be taken prior to the construction of the New Bern Bypass. These permits required the NCDOT to develop a detailed plan to compensate for the wetland impacts associated with both projects prior to the expiration dates of the permits issued for the Neuse River Bridge Replacement. The permits further required the NCDOT to complete the construction of the required compensatory mitigation site prior to beginning construction on the New Bern Bypass or within one year of the expiration of the Neuse River Bridge Replacement (12/31/99), whichever comes first. In July 1995, a Memorandum of Agreement was signed between the NCDOT and the Division of Coastal Management to cooperatively develop a plan for the compensatory mitigation of wetland impacts associated with the Neuse River Bridge Replacement and the New Bern Bypass projects. Currently, the NCDOT proposes to bridge the high-quality, bottomland hardwood wetland systems associated with the Neuse River, Swift Creek and Bachelor Creek. Other unavoidable wetland losses would be mitigated by the preservation, restoration and enhancement (as applicable) from the Croatan Wetland Mitigation Bank. The NCDOT hereby submits a permit application form for TIP Project No. R-2301 so public review of this project for regulatory purposes can commence. This submittal is in accordance with step four of the guidelines for integrating project review under the National Environmental Policy Act and Section 404 of the Clean Water Act. Following the public review period and the public announcement of the selection of preferred alternative, wetland delineations and preliminary design within the preferred corridor will begin. Additional actions, as set forth in the above-mentioned guidelines, will be required to fulfill the project implementation process. It is expected final issuance of the permits required for this project will occur near the end of this process. Enclosed you will find a completed ENG form 4345. This letter, along with the previously distributed EA, should provide sufficient information for the issuance of a Public Notice for the project. A set of functional design plans and a copy of the corridor pubic hearing transcript are being sent under separate cover. If you have any questions, or need additional information, please contact Ms. Gail Grimes at (919) 733-7844 extension 265 or Ms. Alice Gordon at (919) 733-7844 extension 307. Sincerely, ?djv P /? William D. Gilmore, P.E., Manager Project Development and Environmental Analysis Branch CVB/lgg cc: w/encl. Mr. David Franklin, USACE, Wilmington Field Office Mr. John Dorney, DWQ, DENR Mr. John Parker, DCM, DENR Mr. John Hefner, USFWS Mr. David Cox, NCWRC Mr. Ron Sechler, NMFS Mr. N. L. Graf, P.E., FHWA w/out encl. Mr. A. L. Hankins, P.E., Hydraulics Mr. Len Hill, P.E., Highway Design Branch Mr. Whit Webb, P.E., Program Development Branch Mr. Tom Shearin, P.E., Roadway Design Unit Mr. C. E. Lassiter, P.E., Division 2 Engineer Ms. Gail Grimes, P.E., PD&EA APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT I OMB APPROVAL NO. 0711'0-0d: (33 CFR 325) Expires October 1996 Public reporting burden for this collection of information is estimated to average 5 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of Information. Send comments regarding this burden estimate or any other aspect of this collection of Information, Including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20503. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authority: 33 USC 401, Section 10: 1413, Section 404. Principal Purpose: These laws require authorizing activities in, or affecting, navigable waters of the United States, the discharge or fill material into waters of the United States, and the transportation of dredged material for the purpose of dumping it into ocean waters. Routine Uses: Information provided on this form will be used in evaluating the application for a permit Disclosure: Disclosure of requested Information is voluntary. If information is not provided, however, the permit application cannot be processed nor can a permit be Issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and Instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED (ITEMS BELOW TO BE FILLED BY APPLICANT) 5. APPLICANTS NAME 8. AUTHORIZED AGENTS NAME AND TITLE (an agent is not required) North Carolina Department of Transportation Planning and Environmental Branch 6. APPLICANTS ADDRESS 9. AGENTS ADDRESS P.O. Box 25201 Raleigh, NC 27611 7. APPLICANTS PHONE NOS. W/AREA CODE 10. AGENTS PHONE NOS. W/AREA CODE a. Residence a. Residence b. Business 919-733-3141 b. Business 11. STATEMENT OF AUTHORIZATION I hereby authorize, to act in my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this permit application. APPLICANTS SIGNATURE DATE NAME, LOCATION, AND DESCRIPTION OR PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (see instructions) R-2301) Craven County, US 17 New Bern Bypass, Stat( Project No. 6.179001T. 13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS (if applicable) Neuse River 15. LOCATION OF PROJECT Craven NC COUNTY STATE 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) Section, Township, Range, Lat/Lon, and/or Accessors's Parcel Number, for example. See Functional Design Plans (sent under separate cover). 17. DIRECTIONS TO THE SITE ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-OF 18. Nature of Activity (Description of project, include all features) Construction of a four-lane, full control of access, median-divided roadway west of the city of New Bern. See the Draft Environmental Impact Statement. 19. Project Purpose (Describe the reason or purpose of the project, see instructions) Public transportation USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge Construction of Highway 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards Information to be developed when alternative is chosen (see cover letter for description of process) 22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions) Information to be developed when alternative is chosen (see cover letter for description of process) 23. Is Any Portion of the Work Already Complete? Yes _ No x IF YES, DESCRIBE THE COMPLETED WORK 24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here, please attach a supplemental list). 25. List of Other Certifications or Approvals/Denials Received from other Federal, State, or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED Would include but is not restricted to zoning, building, and flood plain permits 26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant. C.. t 4-0 o-I. SIGNATURE F APPLICANT ATE SIGNATURE OF AGENT DATE The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-OR) F-i , , 11 to FEB 2 51999 .4; ?WE ANDS GROUP -? I E ER UALITY S.Frr STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. P.O. Box 25201, RALEIGH, N.C. 27611-5201 E. NORRIS TOLSON GOVERNOR February 12, 1999 Mr. Michael F. Bell Washington Regulatory Field Office U. S. Army Corps of Engineers Post Office Box 1000 Washington, North Carolina 27889-1000 Dear Mr. Bell: SECRETARY SUBJECT: Craven County, US 17 New Bern Bypass, State Project No. 6.179001T, TIP Project No. R-2301, USACOE Action ID No. 199300910 As you are aware, the North Carolina Department of Transportation (NCDOT) is proposing to improve the US 17 corridor in Craven County by constructing a four-lane, full control of access, median-divided roadway west of the city of New Bern. The proposed freeway would bypass the adjacent municipalities of River Bend, Trent Woods and Bridgeton. The proposed US 17 New Bern Bypass was first included in the NCDOT Transportation Improvement Program (TIP) in 1988. At that time the US 17 corridor was designated a "Strategic Corridor", giving the route priority status for improvement to a minimum four- lane divided facility. In 1989, US 17 from South Carolina to Virginia was designated an "Intrastate System" route in the Highway Trust Fund Act. The Intrastate System is a network of major, multilane arterial highways designed to connect the major population centers inside and outside the state and to provide safe, convenient, through-travel for motorists. The Intrastate System was established to support statewide growth and development objectives and to connect to major highways in adjoining states. US 17 is the only principal north-south highway east of I-95. It provides connectivity between the major population centers of the coastal counties including Elizabeth City, Edenton, Windsor, New Bern, Jacksonville and Wilmington. US 17 also provides an important link to major east-west highways such as US 64, US 70, US 74 and I-40. During the summer months, US 17 serves large volumes of seasonal tourist traffic and is one of the two primary hurricane evacuations routes for the Outer Banks north of Cape Hatteras. Within recent years, the coastal region of the state has experienced significant development for both year-round residents and seasonal visitors. With the increasing population, there is a growing need to improve evacuation routes for major storm events, such as Hurricane Bonnie. Tho4tkhfare plan updates for New Bern-River Bend-Trent Woods-Bridgeton and for Craven County include portions of the US 17 New Bern Bypass. The Bypass was identified as a prerequisite to the implementation of the plan. The US 17 New Bern Bypass is designated as a "key economic development highway" in Governor Hunt's North Carolina Transportation 2001 plan. Existing US 17 is a four-lane, non-controlled access highway from the Jones-Craven County line through the Town of Bridgeton except at the two-lane Neuse River bascule bridge. North of Bridgeton, US 17 is a two-lane rural highway. US 17 is concurrent with NC 55 and US 70 Business for approximately 2.7 and 1.7 miles, respectively, as it passes in an east-west direction through New Bern. In 1987, US 17 traffic congestion in downtown led to the signing of a designated "bypass route" along NC 43. This designation increased the traffic use of NC 43 resulting in congestion on the urban section of Neuse Boulevard and Glenburnie Road. The annual average daily traffic (AADT) volumes on US 17 through the project area ranged from 6,700 to 19,800 vehicles per day in 1989; the AADT on NC 43 ranged from 4,400 to 18,500 vehicles per day. By the year 2010, these volumes are projected to increase to between 9,900 and 29,200 vehicles per day on US 17 and 6,500 to 27,300 vehicles per day on NC 43. By the year 2016 it is anticipated between 17,200 and 30,200 vehicles per day will travel the New Bern Bypass. It is estimated 23 accidents will occur along the bypass in the design year. If these vehicles traveled on existing US 17 and NC 43, it is estimated an additional 124 accidents would occur on these facilities as a result of the increased traffic volumes and the lower design standards on these roadways. Thus, it is anticipated the construction of the New Bern Bypass will reduce the accident rate along US 17 and NC 43 by approximately 81 percent. This will result in cost savings of $1.23 million per year. In September 1991, a Draft Environmental Impact Statement was published evaluating nine proposed build alternatives and a "no build" alternative. On November 7, 1991, a corridor public hearing was held. Each of the nine build alternatives impacted the Pleasant Hill community, a minority community located along NC 55 between Washington Forks and Beamon Forks. Due in part to opposition received from the Pleasant Hill community at the corridor public hearing, a tenth alternative was proposed that avoided the community yet met the transportation objectives established for the original nine build alternatives. During the study of Alternative 10, potentially important mineral deposits in the vicinity of US 70 were identified. Alternative 11 was developed to avoid the Pleasant Hill community and minimize impacts to the unmined mineral deposits. Alternative 12 was subsequently identified as a means of accomplishing the above objectives while minimizing impacts to wetlands. The permits issued by the North Carolina Department of Environment and Natural Resources, Division of Water Quality and Division of Coastal Management; the United States Army Corps of Engineers; and the United States Coast Guard for the construction of the Neuse River Bridge Replacement (TIP Project No. B-2531) required certain actions be taken prior to the construction of the New Bern Bypass. These permits required the NCDOT to develop a detailed plan to compensate for the wetland impacts associated with both projects prior to the expiration dates of the permits issued for the Neuse River Bridge Replacement. The permits further required the NCDOT to complete the construction of the required compensatory mitigation site prior to beginning construction on the New Bern Bypass or within one year of the expiration of the Neuse River Bridge Replacement (12/31/99), whichever comes first. In July 1995, a Memorandum of Agreement was signed between the NCDOT and the Division of Coastal Management to cooperatively develop a plan for the compensatory mitigation of wetland impacts associated with the Neuse River Bridge Replacement and the New Bern Bypass projects. Currently, the NCDOT proposes to bridge the high-quality, bottomland hardwood wetland systems associated with the Neuse River, Swift Creek and Bachelor Creek. Other unavoidable wetland losses would be mitigated by the preservation, restoration and enhancement (as applicable) from the Croatan Wetland Mitigation Bank. The NCDOT hereby submits a permit application form for TIP Project No. R-2301 so public review of this project for regulatory purposes can commence. This submittal is in accordance with step four of the guidelines for integrating project review under the National Environmental Policy Act and Section 404 of the Clean Water Act. Following the public review period and the public announcement of the selection of preferred alternative, wetland delineations and preliminary design within the preferred corridor will begin. Additional actions, as set forth in the above-mentioned guidelines, will be required to fulfill the project implementation process. It is expected final issuance of the permits required for this project will occur near the end of this process. Enclosed you will find a completed ENG form 4345. This letter, along with the previously distributed EA, should provide sufficient information for the issuance of a Public Notice for the project. A set of functional design plans and a copy of the corridor pubic hearing transcript are being sent under separate cover. If you have any questions, or need additional information, please contact Ms. Gail Grimes at (919) 733-7844 extension 265 or Ms. Alice Gordon at (919) 733-7844 extension 307. Sincerely, ?c w 19 -t- / William D. Gilmore, P.E., Manager Project Development and Environmental Analysis Branch CVB/lgg cc: w/encl. Mr. David Franklin, USACE, Wilmington Field Office Mr. John Dorney, DWQ, DENR Mr. John Parker, DCM, DENR Mr. John Hefner, USFWS Mr. David Cox, NCWRC Mr. Ron Sechler, NMFS Mr. N. L. Graf, P.E., FHWA w/out encl. Mr. A. L. Hankins, P.E., Hydraulics Mr. Len Hill, P.E., Highway Design Branch Mr. Whit Webb, P.E., Program Development Branch Mr. Tom Shearin, P.E., Roadway Design Unit Mr. C. E. Lassiter, P.E., Division 2 Engineer Ms. Gail Grimes, P.E., PD&EA APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT I OMB APPROVAL NO. 0710-01 (33 CFR 325) Expires October 1996 Public reporting burden for this collection of Information is estimated to average 5 hours per response, Including the time for reviewin Instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection c Information. Send comments regarding this burden estimate or any other aspect of this collection of information, Including suggestions for reducin this burden, to Department of Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davi Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washingtor DC 20503. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engines: having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authority: 33 USC 401, Section 10: 1413, Section 404. Principal Purpose: These laws require authorizing activities in, or affecting, navigabl waters of the United States, the discharge or fill material Into waters of the United States, and the transportation of dredged material for the purpos of dumping it Into ocean waters. Routine Uses: Information provided on this form will be used in evaluating the application for a permit Disclosure Disclosure of requested Information is voluntary. If Information is not provided, however, the permit application cannot be processed nor can permit be Issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached t this application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of th proposed activity. An application that is not completed in full will be returned. (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED (ITEMS BELOW TO BE FILLED BY APPLICANT) 5. APPLICANTS NAME 8. AUTHORIZED AGENTS NAME AND TITLE (an agent is not required) North Carolina Department of Transportation Planning and Environmental Branch 6. APPLICANTS ADDRESS 9. AGENTS ADDRESS P.O. Box 25201 Raleigh, NC 27611 7. APPLICANTS PHONE NOS. W/AREA CODE 10. AGENTS PHONE NOS. W/AREA CODE a. Residence a. Residence b. Business 919-733-3141 b. Business 11. STATEMENT OF AUTHORIZATION I hereby authorize, to act in my behalf as my agent in the processing of this application and to furnish, upo request, supplemental information in support of this permit application. APPLICANTS SIGNATURE DATE NAME, LOCATION, AND DESCRIPTION OR PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (see instructions) R-2301) Craven County, US 17 New Bern Bypass, Stat Project No. 6.179001T. 13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS (if applicable) Neuse River 15. LOCATION OF PROJECT Craven NC COUNTY STATE 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) Section, Township, Range, Lat/Lon, and/or Accessory's Parcel Number, for example. See Functional Design Plans (sent under separate cover). 17. DIRECTIONS TO THE SITE ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-t 1 fry N iature of Activity (Description of project, Include all features) Construction of a four-lane, full control of access, median-divided roadway west of the city of New Bern. See the Draft Environmental Impact Statement. 19. Project Purpose (Describe the reason or purpose of the project, see instructions) Public transportation USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge Construction of Highway 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards Information to be developed when alternative is chosen (see cover letter for description of process) 22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions) Information to be developed when alternative is chosen (see cover letter for description of process) 23. Is Any Portion of the Work Already Complete? Yes _ No x IF YES, DESCRIBE THE COMPLETED WORK 24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here, please attach a supplemental list). 25. List of Other Certifications or Approvals/Denials Received from other Federal, State, or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED Would include but is not restricted to zoning, building, and flood plain permits 26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant. v C. a & o--t- SIGNATURE F APPLICANT ATE SIGNATURE OF AGENT DATE The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-OR) STATE OF NORTH CAROLINA FM 2 5 I9y'-j I. W uNDS GRO I WA R U,4ITY.w.T DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 E. NORRIS TOLSON GOVERNOR February 19, 1999 Mr. Ronald E. Ferrell, Program Manager North Carolina Wetland Restoration Program NCDENR-DWQ P.O. Box 29535 Raleigh, NC 27626-0535 Dear Sir: SECRETARY Subject: Caldwell County, SR 1001 (Connelly Springs Road) from SR 1933 to US 321A (Norwood Street), State Project No. 8.273170 1, T.I.P. No. U-2211A. The North Carolina Department of Transportation proposes to widen SR 1001 (Connelly Springs Road) in Lenoir between SR 1933 (Southwest Boulevard) and US 321 A. The 1.6- mile project calls for upgrading the existing two-lane roadway to a five-lane facility and also involves some new location. The project will involve impacts to Little Gunpowder Creek. The purpose of this letter is to request that the WRP provide confirmation that you are willing to accept payment for the compensatory mitigation requirements. The project is located in Caldwell County on Gunpowder Creek in the Catawba River basin in Cataloguing Unit 03050101 in the Piedmont Province. Little Gunpowder Creek is a headwater stream and considered to be a first order stream. Little Gunpowder Creek [CTB32 11-55-2-(1) D12SE3 C] from its source to U.S. Hwy. 321-A is a class C stream according to the DWQ and is not a trout stream. No jurisdictional wetlands will be impacted by the proposed project. We need stream mitigation from the WRP for impacts to approximately 1099 linear feet of jurisdictional streams. Therefore, using a 2:1 ratio for mitigation we will need 2199 feet of stream mitigation. Please send the letter of confirmation to Steve Lund at U. S. Army Corps of Engineers Ashe Regulatory Field Office, 151 Patton Avenue, Room 143, Asheville, NC 288019'106. Mr. Lund's FAX number is 828-271-4858. The Public Notice for the project will conclude on March 5, 1999. Therefore we would like to have the letter of confirmation to the USACE by March 5, 1999. If you have any questions or need additional information please call Ms. Alice N. Gordon at (919) 733-7844 Ext. 307.' Sincerely, William D. Gilmore, P.E., Manager Project Development & Environmental Analysis Branch cc: w/attachment Mr. Steve Lund, USACE, Asheville Field Office Mr. David Franklin, Corps of Engineers, Wilmington Field Office Mr. John Hefner, USFWS, Raleigh Mr. N. L. Graf, P.E., FHWA Mr. John Dorney, NCDENR, Division of Water Quality Mr. W. E. Hoke, P.E., Division 11 Engineer r 1101 Haynes Street Suite 101 Raleigh, KC 27604 Telephone: 919.528.3433 Fax: 919.828.3518 .?? EcoScience ?> Jil October 19, 2001 5 Mr. John Hennessy N.C. Division of Water Quality Wetland/401 Unit 1621 Mail Service Center Raleigh, NC 27699-1621 Re: Confirmation for Application of the Neuse River Buffer Rule 00-046.04 Concerning New Beni Bypass (TIP R-2301), Craven and Jones Counties. Dear Mr. Hennessy: I am writing to confirm the results of our October 9, 2001 on-site meeting concerning the proposed New Beni Bypass in Craven and Jones Counties. Please see the attached figure for reference to system locations. The study corridor is a 6-mile section of the proposed New Bern Bypass. The corridor has a width of 200 feet for the entire length. Eight systems were identified within the study corridor, all of which are depicted as streams on topographic mapping and/or soils mapping. These systems have been numbered sequentially 0A, 1B. 2-7). The purpose of our site visit was to obtain N.C. Division of Water Quality (DWQ) concurrence concerning the applicability of the Neuse River Buffer rule to streams located within the study corridor and depicted on either USGS 7.5-minute topographic snapping or the county soil survey. The results of our meeting are as follows. The buffer status of Systems 1A, 4, 5, and 7 was in question, and these systems were observed or discussed during the meeting. It was determined that Systems 4 and 7 are ephemeral drainages and will not require buffers. It was also determined that System IA is a perennial stream and System 5 is an intermittent stream, both of which require a buffer. t- ECOScience Corporation Mr. John Hennessy October 19, 2001 Page 2 The buffer status of Systems 113, 2, 3, and 6 was not in question; therefore, these systems were not visited during our meeting. These systems arc intermittent and/or perennial streams that are subject to the buffer rule. If you have any questions about this infonnation, please contact me by phone at 919-828-3433 or by email at garriock@ecosciencene.com. Yours truly, ECOSCIENCE CORPORATION 114 ?91 Shay Garriock Project Scientist Enclosure cc (with enclosure): Alice Gordon NC Department of Transportation Project Development and Environmental Analysis Branch 1548 Mail Service Center Raleigh, NC 27699-1548 -Clow CO,41 Z) REST AREA - - i ` C 70 I -- - ?` - - `'yam PROPOSED _, } y O CORRIDOR "1 b -' 0P x LEGEND O System Designation u` rb 5 4 •'ti ., ? ??r`?J -y,?- . i!?''t'!? _.?d LPL. GNn `•.1 ?ir "?•.t?• Y-.-? a '•`?,? ? ? qtr - Ic{ 9? ?,\ ) yG p 4 3 .10 wh 'y t EcoScience NEW BERN BYPASS Dmm. by: Ckdhy: MA1' CG FIGURE Corporation Site location and System Map Date: JUL `OOI 1 Raleigh, North Carolina Jones and Craven Counties+ North Carolina 00-0 00-046.04 • i 1101 Haynes Street Suite 101 Raleigh, NC 27604 Telephone: 919.828.3433 Fax: 919.828.3518 EcoSc''KAlccA August 10, 2001 Mr. Mike Bell U.S. Army Corps of Engineers Washington Regulatory Field Office P.O. Box 1890 Wiimingtun, NC 28402-1890 Re: Request for Approval of a Section 404 Jurisdictional Area Delineation Concerning New Bern Bypass (TIP R-2301), Craven and Jones Counties. Dear Mr. Bell: 00-046.04 I am writing to confirm our scheduled on-site meeting for fieldwork concerning the proposed New Bern Bypass in Craven and Jones Counties. A jurisdictional stream delineation has been completed within the proposed alignment corridor, and we are interested in obtaining U.S. Army Corps of Engineers (COE) verification of the delineation. We will be meeting at the rest area parking lot at the junction of Clarks Road (SR1225) and NC 70 at 10 A.M. on Thursday, August 23, 2001. The rest area is located immediately south of the NC70/SR1225 interchange, which is located approximately 7 miles west of New Bern, NC. Please find attached figures depicting location of the rest area, the proposed corridor, system crossings, and Department of Water Quality (DWQ) and COE stream data forms. Proiect Description NCDOT has proposed construction of the New Bern Bypass in Jones and Craven Counties, NC. The section of corridor under review by ESC is located west of New Bern, NC between NC 17 and NC 70. The southern end of the corridor intersects NC 17 at SR 1330 (Tuscarora Road) approximately 8 miles (12.9 kilometers) west of New Bern. The northern end terminates at Atlantic and East Coast Railroad approximately 6.2 miles (9.9 kilometers) west of New Bern. The proposed study corridor is approximately 6 miles (9.6 kilometers) in length. Corridor width varies from 200 feet (61.0 meters) along proposed new alignment to 400 feet (122.0 meters) along sections of existing roadway. Land use throughout the corridor consists of agricultural land, pine plantation, timbered land, and forested woodlands. EcoScieiice Corporation Mr. Mike Bell August 10, 2001 Page 2 The field survey resulted in the delineation of three streams (Systems 113, 2, and 6) and one open water area (System IA) resulting from a beaver-impacted drainage. If any of the attached information is unclear, or if additional information is needed, please contact me by phone at 919-828-3433, or by email at garriock@ecosciencenc.com. Yours truly, ECOSCIENCE CORPORATION l Shay Garriock Project Scientist Enclosure cc (with enclosure): Howard Hall Alice Gordon USFWS, Raleigh Field Office NC Department of Transportation P.O. Box 33726 Project Development and Enviromnental Raleigh, NC 27636-3726 Analysis Branch 1548 Mail Service Center John Hennessy Raleigh, NC 27699-1548 NC Division of Water Quality Wetland/401 Unit 1621 Mail Service Center Raleigh, NC 27699-1621 David Cox North Carolina Wildlife Resources Commission Highway Projects Coordinator Habitat Conservation Office 1142 I-85 Service Road Creedmoor, NC 27522 ,vp CIA C? -Z h N z ?' U x o? ?o z cl .= U N N 1 1T? O c3 U f cv ,/? r•ti U •;J O U r-I ? cS 7 701 REST AREA CpgrR Np 6 1 iY r.rrt r ?.+. i •r 6 A -L i (A? PROPOSED r QO CORRIDOR ?e' LEGEND' Acj? X System Designation .\ t u ! 1 g / ?0d??M 'til k? ' 2 ?,,,, •? -r-- . ! -?._ X1''1, ; • -?•-±5 .. ? - .r.? a? .? '' 3 1 l 14 ?•? it ?? dr' 'J'- 1. d ,?? ? 1 J l'r,'' ?,,• 11.j iscoScience NEW BERN BYPASS Corporation CkJ by Site location and System M^' Raleigh, North Caroline Jones and Craven Map CG Counties, North Carolina JUL 2U0I 1 Project 00-046.04