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HomeMy WebLinkAbout19970098 Ver 1_Complete File_19970207 (2)..?0-_ M ??C o I G .. STATE OF NORTH CAROLINA DEPARTMENT OF T,,ANSPORTATION JAMES B. HUNT JR. DIVISION OF HIGHWAYS GOVERNOR RO. BOX 25201, RALEIGH, N.C. 27611-5201 April 21, 1995 Planning and Environmen al BR. SAMUEL HUNT I I I MEMORANDUM TO: Mrs. Chrys Baggett State Clearinghouse FROM: H. Franklin Vick, P.E. SECRETARY REFERENCE: US 17, Windsor to Chowan River, TIP No. R-2404A/B/C, State Project No.6.019001T, Bertie County As discussed with Whit Webb, the US 17 project in Bertie County was divided into separate projects based on the comments received on the State Draft Environmental Impact Statement (DEIS) and from the Public Hearing. The State DEIS studied alternatives from US 17/13 south of Windsor to just west of the Chowan River. The alternatives included several new location alternatives and widening existing US 17. A majority of the comments received on the State DEIS were concerned with the impacts caused by the new location alternatives from US 13/17 to SR 1503. The U.S. Army Corps of Engineer (USACOE) and the Town of Windsor requested studies for two additional new location alternatives: The comments received regarding the project from SR 1503 to just west of the Chowan River were in favor of the Upgrade Existing Alternative, therefore, at the Post Hearing Meeting the project was divided at SR 1503 to expedite the widening and safety improvements to US 17 from SR 1503 to just west of the Chowan River. Based on the DEIS comments, public input and further coordination with the USACOE, it was determined that there were no significant impacts related to the segment of US 17 from SR 1503 to just west of the Chowan River (TIP Project R-2404B/C); therefore, a FONSI was prepared for this section. A Supplemental DEIS is being prepared for US 17 from US 13/17, south of Windsor, to SR 1503 (TIP Project R-2404A). This Supplemental DEIS will evaluate the two additional corridors requested by the USACOE and Town of Windsor. The Supplemental DEIS will be followed by a Final EIS. RECEIVED APR 2 i; 1995 N.C. STATE CLEARINGHOU? April 21, 1995 Page 2 As discussed with Mr. Webb, we wobld appreciate you circulating the previously mailed copies of the FONSI prepared for US 17 from SR 1503 to just west of the Chowan River (TIP Project R-2404B/C) for review. If you have any questions concerning this information, please do not hesitate to call me at (919) 733-3141. Thank you for your assistance with these projects. MWF/plr cc: Mr. Whit Webb, P.E. Mr R. B. Davis, P.E. s US 17 FROM SR 1503 TO WEST OF THE CHOWAN RIVER BERTIE COUNTY NORTH CAROLINA T.I.P. No. R-2404B/C State Project No. 6.019001T ADMINISTRATIVE ACTION FINDING OF NO SIGNIFICANT IMPACT Submitted Pursuant to the North Carolina Environmental Policy Act, G.S. 113A-1 through 113A-10 By the NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS 2 Date of Approval H. Franklin Vick, P.E., Manager Planning & Environmental Branch, NCDOT For Further Information Contact: Mr. H. Franklin Vick, P.E., Manager Planning and Environmental Branch North Carolina Department of Transportation P.O. Box 25201 Raleigh, NC 27611 (919) 733-3141 i 0 FINDING OF NO SIGNIFICANT IMPACT US 17 FROM SR 1503 TO WEST OF THE CHOWAN RIVER BERTIE COUNTY NORTH CAROLINA STATE PROJECT NO. 6.019001T T.I.P. NO. R-2404B/C December 1994 Prepared by: WOOLPERT Charlotte, North Carolina Michael A. InYrnf o, Project Manager Ronald A. Geiger, E.,vAssociate `%,,,, 11 u,,,,'1 0 CA,70 % ': '?i3SPp'• ?1 SEAL 14613 0 A. GEC "1+niiii110%% Prepared for: NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Raleigh, North Carolina L. Gail Imes, P.E, nit Head Consultant EngineeriVg? Unit E. Michelle Wagone ishburne, P.E. Project Engineer 0 US 17 i TABLE OF CONTENTS Section Ems 1 Type of Action ....................................... 1 2 Description of Action ................................... 1 3 Actions Required By Others ............................... 2 4 Recommended Alternative ................................ 2 5 Summary of Impacts .................................... 3 6 Basis For Finding of No Significant Impact ...................... 4 7 Circulation of the State Draft Environmental Impact Statement (SDEIS) .... 4 8 Revisions to the State Draft Environmental Impact Statement (SDEIS) ..... 5 9 Wetland Finding ....................................... 6 10 Floodplain Finding ..................................... 8 11 Coordination and Continents .............................. 9 12 Public Hearing ....................................... 19 13 List of Environmental Commitments ......................... 19 Appendix A - Proposed Improvements Appendix B - Comments Received on the September 1993 DEIS Appendix C - Revised DEIS Exhibits 6 \?n6\µTProj\n. J.x\uxI T6ro 04.48 NCDOT FONSI December 1994 i u Prepared By PLANNING AND ENVIRONMENTAL BRANCH NORTH CAROLINA DEPARTMENT OF TRANSPORTATION US 17 FINDING OF NO SIGNIFICANT EVIPACT 1. TYPE OF ACTION This is a North Carolina Department of Transportation (NCDOT) Finding of No Significant Impact (FONSI) for the proposed improvement of US 17 from SR 1503 to just west of the Chowan River. This FONSI is based on the State Draft Environmental Impact Statement (SDEIS) prepared for US 17, from Windsor to the Chowan River, in Bertie County, North Carolina (TIP No. R-2404). The SDEIS included the portion of US 17 covered by this FONSI, and was approved on September 21, 1993. The SDEIS was determined to adequately and accurately discuss the environmental issues and impacts for the project. It was concluded in the SDEIS that only one reasonable and feasible alternative exists for the improvements to US 17 between SR 1503 and the eastern project terminus. In addition to addressing the environmental issues and impacts for the project, the SDEIS also provides sufficient evidence and analyses for determining that the preparation of a State Final Environmental Impact Statement (SFEIS) is not required for this portion of US 17. US 17 is identified in Governor Hunt's Transportation 2001 plan as a "key economic development highway." This project will improve the safety and level of service on this section of US 17 by constructing additional travel lanes and improving the existing roadway alignment. This FONSI was prepared to expedite improvements to US 17 from SR 1503 to just west of the Chowan River. US 17 from north of Roquist Creek southwest of Windsor, to SR 1503 east of Windsor, is being addressed in the SFEIS. 2. DESCRIPTION OF ACTION The North Carolina Department of Transportation proposes to improve the existing two-lane section of US 17 east of Windsor in Bertie County, from SR 1503 to just west of the Chowan River. This improvement is included in the 1995-2001 North Carolina Transportation Improvement Program as a section of TIP Project No. R-2404 (Exhibit 1). This project will involve widening approximately 6.8 miles of US 17; 4.3 miles to a four-lane divided facility and 2.5 miles, through Midway, to a five-lane undivided roadway. The project terminates approximately 3,000 feet west of the Chowan River. The improved US 17 facility will provide no control of access. 0 NCDOT FONS1 December 1994 U z Z O U ZOO : O U U W W F- 3 O W 0:? m n E-- U W 3 O Of m 0 Z W :Z ?Qi .o N Cl O = ca cuI 1 w o - V c C = I 1 y O •? O 1 ? ? c N Y 4 . . 3 3 a, o l° Q.. -IC y - 3 0 f0 V o0 ? W 7? - I ?? ? A C p O V ? L N LL } 3 ?' C??j A O ca I A ca 7 ti l v W U 1 1 I I = 9 ri 4- v I. 5 '?¢ Z Y p© w? 1 0- N m p' 1 . r v O 14- N U W 3 O or_ 0- Z 0 W m a Q d' O d- N w v S I 0 e `? i 1 ` rr C d' N LO N ry m O ?t- N Cl? ..W. V e US 17 2 Right of way acquisition is scheduled to begin in Federal Fiscal Year (FFY) 1995, with construction scheduled to begin in FFY 1996. The estimated cost of the project is $17,578,000. 3. ACTIONS REQUIRED BY OTHERS The placement of till material and structures in waters and wetlands of the United States will require a federal permit(s) pursuant to Section 404 of the Clean Water Act. A Section 401 State Water Quality Certification from the North Carolina Department of Environment, Health and Natural Resources (NCDEHNR) will also be required. The proposed improvements to US 17 require the placement of a new bridge over Salmon Creek. Activities involving this "navigable" water will require a permit from the U.S. Army Corp of Engineers pursuant to Section 10 of the Rivers and Harbors Act of 1899 and may require a bridge permit from the U.S. Coast Guard. A Coastal Area Management Act (CAMA) permit may be necessary to cover activities involving the state-designated Area of Environmental Concern at Salmon Creek. Storm water point source discharges associated with construction activities will be authorized pursuant to General Permit No. NCG010000 under the authority of NCDEHNR's Division of Environmental Management. Applications for these permits will be made, as needed, prior to construction. 4. RECOTNEVIENDED ALTERNATIVE Improving the existing US 17 facility, including widening US 17 through Midway, was selected as the recommended alternative. The improve existing alternative at Midway was evaluated verses a northern bypass of Midway, and recommended based upon 1) less impact to the environment, 2) fewer relocations, and 3) generally favorable comments from citizens during the public hearing process. The design criteria established by NCDOT for the proposed improvements to the US 17 corridor, recommended the addition of two lanes and a 46-foot median. Based upon the socioeconomic and environmental impacts a four-lane divided roadway would cause in Midway and at the Salmon Creek crossing, a five-lane curb and gutter section is proposed at these locations. Beginning at SR 1503 and heading east, the recommended alternative will widen US 17 from the existing two-lane roadway to a four-lane divided roadway with a 46-foot median, including four-foot paved shoulders outside and two-foot paved shoulders inside. A minimum 225 feet of right of way is proposed (Appendix A). Approximately one mile west of Midway, the improvements transition from the four-lane divided facility to a five-lane curb and gutter section with five 12-foot lanes, two lanes in each direction and a center turn lane. East of NC 45, the five-lane section will include a four-trot bike lane on each side. The five-lane curb and gutter section will be located within the existing 100 feet of right of way. The five-lane undivided section will extend east across Salmon Creek, where the existing bridge will be replaced. The five-lane undivided section will transition back to a four-lane divided roadway approximately 1.5 miles east of Midway and continue to the eastern terminus of the project, approximately 3,000 feet west of the Chowan River. Total length of the US 17 widening NCDOT FONS! December 1994 0 a US 17 3 improvements is 6.3 miles; 4.3 miles of four-lane divided roadway and 2.5 miles of five-lane undivided roadway. 5. SUMNTARY OF IMPACTS A summary of the potential impacts associated with the recommended alternative is presented in Table 1. The proposed widening of US 17 will require filling approximately 3.4 acres of the 100-year floodplain, including approximately 2.0 acres of floodplain at Salmon Creek. The remaining floodplain impacts will occur as a result of the extension of existing drainage structures along two unnamed tributaries of Salmon Creek. Structures provided for these crossings will be of adequate size to accommodate the 100-year flood without a significant increase (less than one foot) in flood height. Potential impacts to floodplain areas are further described in Section 10. The proposed improvements will involve four "unavoidable" wetland sites. Site Nos. 1, 2, and 4 involve the extension of existing drainage structures; Site No. 3 involves the replacement of the existing bridge over Salmon Creek. All totalled, the recommended alternative will impact an estimated 1.1 acres of wetlands. Approximately one acre of this wetland impact will occur at the Salmon Creek bridge crossing. To reduce the wetland impact at Salmon Creek and to minimize the width of disturbance at the creek, the five-lane curb and nutter section proposed for Midway will be extended eastward across Salmon Creek. Potential impacts to wetlands are further described in Section 9. The recommended alternative will not impact any properties listed in the National Register of Historic Places, public parks, or recreational areas. The recommended alternative will result in the relocation of an estimated 11 families and five small businesses. No minority communities will be divided by the recommended alternative. No other social group, such as low income families or the elderly, will be disproportionately affected by the recommended alternative. Noise will impact a total of seven receptors as a result of the recommended alternative. Six of these receptors are located in Midway. Improvements to US 17 will result in the loss or displacement of common plants and animals. The potential impact to wildlife is primarily related to habitat loss. The removal of hardwood forests along Salmon Creek and associated tributaries will impact habitat which functions as wildlife nesting and foraging habitat and corridors. However, the recommended improvements will occur along existing US 17 right of way where the wildlife habitat is already fragmented and degraded from previous development in the area. Correspondence with the U.S. Fish and Wildlife Service indicates that the only federally-listed protected species potentially occurring in the project area is the red- cockaded woodpecker (Picoides borealis). Based upon a review of historical records and field surveys of the existing US 17 corridor, it has been determined that this species will not be impacted by the widening of this section of US 17. NCDOT FONS! December 1994 0 US 17 7 TABLE 1 SUMMARY OF POTENTIAL IMPACTS RECOMMENDED ALTERNATIVE Recommended Alternative Afftvted Resource Total Impacts • Relocations -Families 11 -Businesses 5 -Churches 0 • Parks/Recreational Areas None • National Register Properties None • Major Hydrologic Crossings 5 • Floodplains (Acres) 3.4 • Floodway (Acres) 0 • Potential UST Sites Requiring Relocation 3 • Locations Exceeding Noise Abatement Criteria Levels -Residences 7 -Churches 0 • Stream Crossings 3 • Wetlands (Acres) 1.1 • Prime Farmlands 33.7 (Acres) • Right of Way and Utility Relocation Costs S2,278,000 • Construction Costs 515,300,000 • Total Cost S17,578,000 9 NCDOT F0AS! December 1994 US 17 4 Recommended improvements to US 17 will involve three sites containing underground storage tanks (USTs). These sites include two service stations (one is operational and one is abandoned) as well as an auto center. The auto center may also represent a possible hazardous waste site. The extent of any UST and/or hazardous waste site impacts will be determined during the final design phase of the project. Any underground storage tank encountered during construction will be reported to the North Carolina Department of Environment, Health and Natural Resources' (DEHNR) Division of Environmental Management. The project will not result in a violation of National Ambient Air Quality Standards. The recommended alternative will impact approximately 33.7 acres of prime farmland soils. Much of this affected area, however, is located within or immediately adjacent to existing right of way, and has been converted into sites for residences and businesses. Construction activities will result in several short-term environmental impacts. Potential short-term impacts to the water quality of Salmon Creek and associated tributaries in the project area will be minimized through the implementation of NCDOT's Best Management Practices for Protection of Surface Waters (June 1991). Long-term reduction of water quality is not anticipated. The construction phase will result in temporal and localized impacts to ambient noise and air quality. Temporary impacts will be minimized through strict adherence to NCDOT's "Standard Specifications for Roads and Structures." 6. BASIS FOR FINDING OF NO SIGNIFICANT LVIPACT Based on the SDEIS and comments received from the public hearing and federal, state, and local agencies (see Appendix B), it is the finding of NCDOT that the widening of US 17 from SR 1503 to west of the Chowan River will not have a significant impact upon the human or natural environment. This project is consistent with NCDOT's overall transportation plan of improving US 17 to a multi-lane facility for its entire length through North Carolina. The improvement of US 17 from SR 1503 to west of the Chowan River will not require a Final Environmental Impact Statement or any additional environmental analysis. 7. CIRCULATION OF THE STATE DRAFT ENVIRONMENTAL IMPACT STATEMENT (SDEIS) The approved SDEIS was circulated to the following federal, state, and local agencies. Those agencies that provided written comments on the SDEIS are denoted by an asterisk (*). Copies of the agency comment letters are presented in Appendix B. Federal Agencies U.S. Environmental Protection Agency U.S. Army Corps of Engineers* 0 NCDOT FONS! December 1994 US 17 U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service* U.S. Department of the Interior, Office of Environmental Compliance* U.S. Fish and Wildlife Service U.S. Coast Guard* Federal Emergency Management Agency Federal Energy Regulatory Commission* State Agencies North Carolina Department of Cultural Resources* North Carolina Department of Environment, Health and Natural Resources* Division of Coastal Management* Division of Environmental Management* D Division of Parks and Recreation* Division of Land Resources* Division of Marine Fisheries* Office of Policy Development* North Carolina Wildlife Resources Commission* Local Governments Chairman, Board of County Commissioners of Bertie County County Manager, Bertie County Mayor of Windsor Windsor Town Commissioners Local Libraries Town of Windsor, Public Library 5 S. REVISIONS TO THE STATE DRAFT ENVIRONiVIENTAL INIPACT STATEMENT (SDEIS) Summary, Section S.9, page S-8 & S-9; Environmental Commitment Nos. 2, 4, 7, and 10 are no longer applicable and have been deleted. Section 2.0, Subsection 2.4.4, page 2-19, last paragraph ........ ........................................ ...These improvements would include five 12-foot lanes and two four-foot'fiike 1 Ines measuring 72 feet from face of curb to face of curb (see Figure). These ........ _ .: improvements would require 20 feet of additional right of way in Windsor and no additional right of way through Midway. Section 4.0, Subsection 4.7.3, page 4-35, last paragraph Prior to construction near the river and creeks, consultation will be initiated with the National \Jarine Fisheries Service anil the N.C. Division of Marine Fisheries as 9 NCDOT FONSI December 1994 C N E -f- ? p U w N 0 p O mot' O F- W p Q N Op O > ~- '= ° L 0 .?' + cy- p a cn O Z Q) •- O a V) 0 LJ J - p • ZO L t- a: 0 > > •Q U Z O 1- - LL. LL. I m % W N W ? N ? o LL o ? ? o Q N l? W 0 ? ?a a 'IN V 3 ?? 13 VJ N m f? m ] Q C C = E 1 US 17 6 agencies to be consulted regarding g the seasonal use of streams in the project area as spawning and nursery habitat for anadramous fish. Section 4.0, Subsection 4.9.4, page 4-42, first paragraph Construction of Alternative A or B will result in short-term impacts to biotic communities. Construction may require additional disturbance of vegetation and soil along the right of way to allow for construction vehicle access and operation. This disturbance will be kept to a minimum by clearing only within the u)nstrt C,do tunas.. .............. ............... ............... All other revisions to the SDEIS will be included in the SFEIS. 9. WETLAND FINDING Wetlands are an important natural resource serving a variety of functions, such as fish and wildlife habitat, floodwater storage, groundwater protection, and erosion/sedimentation control. Initial wetland assessments of the study area were performed using the U.S. Department of the Interior, Fish and Wildlife Service National Wetland Inventory (NWI) Maps and mapped hydric soil series from Bertie County Soil Survey data sheets. Wetlands were field checked in June 1990 using the "three parameter" method described in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands (January 1989). The manual was designed to assist in making jurisdictional determinations using a multi-parameter approach. This approach requires the positive evidence of hydrophytic vegetation, hydric soils, and wetland hydrology to determine that an area is a wetland. The soils' hydric status was field verified using Soil Conservation Services' (SCS) list of hydric soils, and the Munsell Color Chart. The hydrophytic vegetation status was determined using the National List of Plaiu Species That Occur in Wetlands, Southeast Region (2), (Porter B. Reed, Jr., 1988). Hydrology was determined through field investigation and observations. In accordance with Executive Order 11990, "Protection of Wetlands," impacts to wetlands are to be avoided where practicable. If avoidance is not possible, then impacts should be minimized and, lastly, mitigated. US 17 in the project area crosses four identified wetland sites. Consequently, the proposed widening of existing US 17 will necessitate unavoidable involvement in four wetland areas. Descriptions of the wetland sites and the approximate acreage of wetland impacts at each site are summarized in Table 2. u As indicated in Table 2, the proposed widening of US 17 will impact two categories of wetland, namely Palustrine and Riverine. The categories Riverine and Palustrine are derived by the U.S. Fish and Wildlife Service's Classification of Wetland and Deep Water Habitats of the United States (Lewis M. Cowardin, 1979). Cowardin describes the Riverine system as "all wetlands and deep water habitats contained within a channel...... These Riverine systems are "bounded on the landward side by upland, by the channel bank (including natural and man-made levees), or by wetlands." The NCDOT FONS1 December 1994 Wp N W p ZU F Q?Q? ZA W F? W E N d N y ?+ , N • N J NU ?+ ri Ir V) 7 w e a '? U Q U Q ° -I U ? ? v ?U 13u L a v oo o ?? aQ v Q . _ 04 8 ?Q yQ v E v w v N ? ..3 o ?? 0 So ? a, 3 E T 3 , w A3 ` 'e o v `'h e y Co a. .0 .4 *0 V) ?7 45 N •v ? •v E •v "a 2:, d w ' w(u w C x yq va cl r- :2 r- C E o Eo 0 Ei Z u.9 ava° Zen O `d ?+ a O O ? O a E? o o o cl l. 3 o ya ,, 3 ? ? ,a ya ?-, x O C yl a U U ? U ?U 0 .1 0 0 .5 0 F 0 0 ^, 0 v' y 'C 3 - . VA E v? 0 ri v? H 4k N 4k ri ! s a y e s y el It a U V A U It US 17 Palustrine system "includes all non-tidal wetlands dominated by trees, shrubs, persistent emergents...... Potential impacts to forested palustrine wetlands will occur at each of the four identified wetland sites. Impacts at Salmon Creek may also involve the creek channel, which constitutes a riverine system. The improvements at Salmon Creek described in the SDEIS involved the replacement of the existing two-lane bridge with dual structures to accommodate the proposed four-lane divided facility. Wetlands involvement at Salmon Creek was estimated at 3.9 acres; with total wetland impacts estimated at 5.0 acres. The five-lane section proposed through Midway was extended eastward across Salmon Creek to minimize the wetland impacts at the creek. Fill areas on the north side of US 17 will be contained within the existing right of way and are not anticipated to impact the wetland. The right of way, however, will be extended on the south side of US 17 to accommodate the construction of the bridge. The wetland impacts at Salmon Creek, originally estimated at 3.9 acres, were minimized to an estimated 1.0 acre. The proposed five-lane section also encompasses wetland site Nos. 1 and 2, thereby minimizing disturbances associated with the extension of drainaae structures at these locations. Overall, estimated wetland impacts for this project were reduced from 5.0 acres to approximately 1.1 acres by the INA extension of the five lane section. The Department of the Army and the U.S. Environmental Protection Agency entered into a Memorandum of Agreement (MOA) establishing procedures to determine the level and type of wetland mitigation necessary to comply with the Clean Water Act Section 404(b)(1) Guidelines. Effective on February 7, 1990, the MOA provides for first, avoiding impacts to waters and wetlands through the selection of the least damaging practical alternatives; second, taking appropriate steps to minimize impacts; and third, compensating for any remaining unavoidable impacts to the extent appropriate and practical. The wetland impacts associated with site Nos. 1, 2, and 4 will occur in the headwater a areas of three unnamed Salmon Creek tributaries. These impacts, totalling approximately 0.1 acre will qualify for Nationwide Permit #26. The wetland impacts associated with site No. 3, approximately 1.0 acre, will occur below the headwaters of Salmon Creek. It's expected that the wetland impacts at Salmon Creek will require an individual permit. Compensatory mitigation may be required for all unavoidable wetland losses. Wetland mitigation efforts may include lowering the grade of upland areas bordering Salmon Creek to expand the influence of semi-permanently flooded, wetland hydrology. Wetland mitigation could also be accomplished in areas used to obtain borrow material for project construction. The high groundwater table in the project area (generally within one to seven feet of the surface in upland areas) would greatly facilitate any mitigation efforts in these "borrow pits." Excavations could easily be made to the water table, thereby providing a suitable hydrologic regime for the establishment of wetland 0 vegetation. Other suitable mitigation sites in the project area include areas of confirmed hydric soil which are currently being managed as pine plantations. A final wetland mitigation plan will be developed in coordination with the appropriate regulatory and resource agencies during the permit application phase of the project. 0 NCDOT FONSI December 1994 US 17 8 Based on the above-described considerations, it is determined that there is no practicable alternative to the proposed construction in wetlands and that the recommended alternative includes all practical measures to minimize harm which may result from such use. The actual acres of wetland impacts will be delineated during final design and submitted with the permit application. 10. FLOODPLAIN FINDING A tloodplain evaluation was conducted in accordance with Executive Order 11988 "Fooodplain Management," to determine if encroachment would occur with implementation of the recommended alternative. This evaluation is based on the result of the Federal Emergency Management Agency's (FEMA) 1985 detailed flood insurance study of the unincorporated areas of Bertie County, North Carolina, as well as FEMA's Flood Boundary and Floodway Map (F.B.F.M.) for the project study area. The F.B.F.M. indicates that the proposed widening of US 17 will encroach upon floodplain areas associated with Salmon Creek and two of it's unnamed tributaries. As noted in FEMA's detailed flood study, encroachment on tloodplains by structures and till can reduce flood-carrying capacity, increase flood height and velocities, and increase flood hazards beyond the encroachment itself. As part of the National Flood Insurance Program, FEMA has determined floodway boundaries as a tool for floodplain management. Based on the FEMA definition, the 100-year floodplain is divided into a tloodway and a tloodway fringe. The tloodway is the channel of a stream plus any adjacent tloodplain areas that need to be kept free of encroachment so the 100-year tloodplain can be carried without substantial increases in flood heights. Minimum standards limit such increases to one foot, provided that hazardous velocities are not produced. The area between the tloodway and the 100-year floodplain boundaries is termed the tloodway fringe. The tloodway fringe encompasses the portion of the floodplain that could be completely obstructed without increasing the water surface elevation above FEMA's published tloodway elevation. Tile recommended alternative will cross the 100-year tloodplain of Salmon Creek and two unnamed tributaries which cross US 17 west of Midway. Salmon Creek's 100-year tloodplain is approximately 600 feet wide where it flows beneath US 17. The regulated tloodway narrows to approximately 150 feet wide at US 17, but broadens to approximately 800 feet to the north and 700 feet to the south. The 100-year flood elevation for Salmon Creek at US 17 is 9.4 feet (National Geodetic Vertical Datum). Q The 100-year floodplain associated with the westernmost Salmon Creek tributary (unnamed tributary #1, one mile west of Midway) is approximately 600 feet wide where it crosses US 17. The 100-year tloodplain bordering Salmon Creek's unnamed tributary #2, located one-half mile west of Midway, is approximately 500 feet wide where it crosses US 17. a The recommended alternative provides a horizontal roadway alignment which is nearly perpendicular to Salmon Creek. At Salmon Creek, a new bridge will replace the existing structure. The proposed length of the bridge is approximately 165 feet, the fn same as the existing bridge. The regulated tloodway of Salmon Creek will not be impacted by the new structure, however, approximately 2.0 acres of till will occur in NCDOT FONSI December 1994 US 17 9 the floodPlain for the bridge approaches and abutments. Little or no increased flood risk would be associated with the proposed project due to encroachment in the floodplain, and the potential for loss of property or human life would remain unchanged. The Proposed US 17 improvements will be designed to minimize encroachment in floodplain areas. The three encroachment areas identified are located along the proposed five-lane curb and gutter section of the proposed project. The existing drainage structures, which convey the two unnamed Salmon Creek tributaries beneath US 17, will be left in place and extended to accommodate the proposed improvements. These extensions will serve to maintain the existing drainage patterns of the tributaries. Drainage structure modifications and roadway widening at these two locations will result in approximately 1.4 acres of till placement in the 100- year tloodplain. Based on the presence of forested wetland areas bordering Salmon Creek, and existing development proximal to the unnamed tributaries, no additional pressures for incompatible floodplain development are anticipated in conjunction with the project. Construction of the recommended alternative will increase the amount of impervious surface areas within the study area, thereby increasing storm water runoff. The area impacted by this increased runoff would be minor in comparison to the remaining pervious surface areas. The increased amount of road surface draining into the area would be very small in relation to overall drainage areas. p No increases in backwater elevations or velocities at tloodplain encroachments are anticipated. Limits within which construction activity could take place would be restricted to those necessary for the conduct of work and would be defined during the design. Under the conditions described herein, any impacts to natural and beneficial floodplain values associated with the project would be negligible. a In summary, while the proposed US 17 widening will result in unavoidable. impacts to floodplain areas, the preliminary design of the recommended alternative has included elements to minimize encroachment, negate increases in flooding risk, and mitigate long-term environmental impacts. Potential impacts to the tloodplain as a result of erosion will be mitigated by strict adherence to NCDOT's Best Management Practices for Protection of Surface Waters (June 1991). 11. COORDINATION AND CONME, NTS Comments received from the circulation of the SDEIS for US 17 from Windsor to the Chowan River are included in Appendix B. Comments received on the SDEIS which pertain to the project are denoted in Appendix B and addressed in this section. Those comments pertaining to the remaining portion of US 17 will be addressed in the SFEIS. 0 L NCDOT FONSI December 1994 US 17 10 A. U.S. DEPARTMENT OF TRANSPORTATION-United States Coast Guard (Pages B-1 through B-2) Comment: "The DEIS has been reviewed by my Bridge Staff. The Cashie River, Salmon Creek, Chowan River, and their tributaries are navigable waters of the United States and fall under Coast Guard jurisdiction for permitting purposes. Before we can make a determination as to whether you will be required to apply for Coast Guard bridge permits for this project, you must provide the following information: a. Identify all waterways that will be crossed by the proposed project. b. Extent of lunar tidal influence at bridge sites. c. Depth and width of the waterways that will be crossed by the proposed project. d. Identify the sizes and types of vessels that navigate these waterways. (Commercial, military, recreational, etc.) e. Identify adjacent property owners (private/commercial) in the area of the proposed bridge projects." Response: Requested information concerning Salmon Creek will be provided with the permit application. B. UNITED STATES DEPARTMENT OF COM MERCE-National Oceanic and Atmospheric Administration, National Marine Fisheries Service (Pages B-3 through B-4) 1. Comment: "Fishery and related project impacts are adequately described, however, mitigation for unavoidable wetland losses associated with the project are not addressed. In a letter dated May 19, 1990, the NMFS recommended that a wetland mitigation plan be developed and incorporated into this DEIS. This was not done, so we continue to recommend the development and inclusion of such a plan in the Final Environmental Impact Statement." Response: See Wetland Finding for the measures to avoid and minimize the wetland impact. A conceptual wetland mitigation plan for unavoidable wetland impacts is also included. The final mitigation plan will be developed based on the actual construction limits and wetland areas required by the project. This plan will be submitted with the permit applications. NCDOT FONS! December 1994 p` US 17 2. Comment: 11 "Page S-8, paragraph 2 and page 4-35, paragraph 5. These paragraphs should be revised to include the NMFS and the N.C. Division of Marine Fisheries as agencies to be consulted regarding the seasonal use of streams in the project area as spawning and nursery habitat for anadromous fish." Response: See Revisions to the SDEIS (Section 8). 3. Comment: "Page 3-13, paragraph 3. This section should be revised to include a map that identifies the location of existing bridges and culverts in relation to project area streams. Locating these structures on a map would facilitate following the text, supplement the information provided in Table 4.5 (Major Hydrologic Crossings), and be useful in evaluating project impacts on anadromous fish." Response: Please refer to Figure 4.2, entitled Hydrologic Crossings, following page 4-26 of the SDEIS. C. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY-Region IV (Pages B-5 through B-10) 1. Comment: "This document does not present a need for the proposed US 17 improvements at Midway." Response: In 1989 the North Carolina General Assembly enacted the Highway Trust Fund which mandated the entire length of US 17 be upgraded to a multi-lane facility. US 17 is identified in the Trust Fund as an Intrastate Corridor and is the state's major north- south route east of I-95. 2. Comment: "Funding sources for the proposed project are not identified. Would the Federal Highway Administration be involved?" NCDOT FONS1 December 1994 EI US 17 12 0 Response: The proposed project is funded by the North Carolina Highway Trust Fund. The FHWA is not involved with the funding of this project. 3. Comment: "Where we believe the alternative's analysis is deficient is by not considering a three- lane option with right turn lane provisions as necessary at high use and dangerous intersections. This would reduce the amount of impact to man-made structures and uses within developed corridors, and disturbance to the natural environment in undeveloped zones. Potentially it may also reduce the inevitable need for traffic lights common to four-lane highways. A five-lane (no median) option was considered at some points, but the three-lane option would produce less impacts." Response: See Response to Comment C.1. A three-lane option was not evaluated during the planning process since it does not provide a facility consistent with the Intrastate system. 4. Comment: "An evaluation of options for traversing the water/wetland areas should have been done in the DEIS, not necessarily in this section, but certainly in the impacts assessment section. We would expect there to be a thorough consideration of mitigation options both for construction activities and long-term operational impacts." Response: See Response to Comment B.1. and the Wetland Finding. 5. Comment: "It is not clear if or how the remediation of potential hazardous waste sites is factored into the alternatives cost estimates." Response: A preliminary compilation and review of potential hazardous waste sites and underground storage tanks (USTs) were completed during preparation of the SDEIS. Efforts were made in the development of alternative routes to avoid these identified sites. In the event remediation of a site proves necessary, the procedures and costs associated with the remediation process will be determined and reviewed with the North Carolina Department of Environment, Health and Natural Resources' (DEHNR) Division of Environmental Management during right of way acquisition. NCDOT FONSI December 1994 US 17 13 6. Comment: "Page 3-3. There is no socioeconomic data specifically for Midway. Is Midway a town? Please explain in the FEIS what is the level of commercial activity and congestion." Response: Midway is a small rural community located at the intersection of NC 45 and US 17. The community is primarily residential in character and includes a few commercial businesses concentrated at the crossroads. Socioeconomic data is unavailable for Midway. The Midway area is currently experiencing minimal traffic congestion. 7. Comment: "Figure 3.8. The Albermarle-Pamlico Estuarine Study funded development of a LANDSAT based comprehensive land use/cover inventory which is electronically available to state and local entitities via the NC Center for Geographic Information and Analysis. We understand the NCDOT has contributed resources to this system. It is not clear whether this figure was derived from the GIS. Additionally, it is important for the figure to display the unique natural areas (three Coastal Plain Levee Forest sites and the one Nonriverine Wet Hardwood Forest site) identified during biological surveys." Response: Figure 3.8 was not derived from the referenced inventory, but rather from aerial photographs and field reviews. Appendix C includes SDEIS Figure 3.8 which is revised to include the approximate locations of the unique natural areas. 8. Comment: "Page 4-21. It is not possible to evaluate the total impacts of the alternatives without a better definition of the proposed best management practices (BMPs). We would expect to see the BMPs for controlling nonpoint source pollution identified through the Coastal Zone Management Act reauthorization fully considered, since this area is covered by CAMA." Response: As stated in the SDEIS, the implementation of NCDOT's Best Management Practices for Protection of Surface Waters (June 1991) will help insure that the usage protected under the Class C water quality designation will not be compromised by the project. This BMP document is appended by reference. Some examples of NCDOT BMPs designed to control runoff and nonpoint pollution include: o Promote infiltration and filtration of pavement runoff by directing sheet flow over grassed shoulder slopes and shallow flat slope ditches. NCDOT FONSI December 1994 US 17 14 o Promote infiltration by utilizing stone lined ditches in lieu of rigid concrete pavement. v Discharge flow from highway drainage systems at the edge of wetlands or floodplains to promote filtration of discharge prior to its entering the stream. 9. Comment: "Page 4-22. How are dewatering activities associated with bridge construction to be controlled?" Response: Dewatering activities are not anticipated for bridge construction at Salmon Creek. However, in the unlikely event dewatering is required, procedures will be in accordance with NCDOT's Best Management Practices for Protection of Surfaces Waters: If excavated bridge footing areas are pumped out, the resulting effluent shall not be discharged directly into the waterway without first utilizing an approved filtering technique. D. DEPARTIME, NT OF THE ARIVIY-Wilmington District, Corps of Engineers (Pages B-11 through B-13) 1. Comment: "Reference pages 4-31, 4.7.2, Wetlands, of the DEiS. If the 1989 Federal Manual for Identifying and Delineatini* Wetlands was utilized to generate wetlands data contained in this report, it is possible that a delineation utilizing the 1987 Corps of Engineers Wetlands Delineation Manual may be different." Response: Wetlands data contained in the SDEiS was collected in 1990 in accordance with the 1989 Federal Manual. Delineations of potentially impacted wetlands will be completed during final design in accordance with the 1987 Corps of Engineers Wetlands Delineation Manual. However, because of the type of wetlands occurring in the project area, major difference in acreage determined using the two manuals is not anticipated. The exact acres of wetlands impacted by the project will be identified based on final design and submitted with the permit application. 2. Comment: "Please provide a description of wetland acreage impacts and wetland types to be impacted for all alternatives (Re: Table 4.6)." NCDOT FONSI December 1994 0 I US 17 Response: See Wetland Finding (Section 9). 3. Comment: IS "There is concern that the alternatives presented at the aforementioned meeting are not comparable because of differing median widths, distances off centerline, five-lane versus four-lane divided highway, etc. Please address this issue by describing exactly what each alternative entails and what is being compared (Re: Tables 2.1 and 4.8A)." Response: The estimated impacts associated with the Midway options and presented in Table 2.1 of the SDEIS were based on a four-lane divided typical section. The Midway northern bypass option included a 60-foot median, while the improve existing option at Midway included a 46-foot median. To further reduce wetland impacts, the improve existing option was revised to a five-lane curb and gutter section. This five-lane option was selected as the recommended alternative. Table 1 of this FONSI (Section 5) summarizes potential impacts associated with a five-lane curb and gutter section through Midway and a four-lane roadway with a 46 foot median on the remainder of the project. 4. Comment: "It is recommended that median widths be constricted and/or eliminated through all crossings of wetlands and waters of the United States." Response: See Wetland Finding (Section 9). 5. Comment: "Impacts to wetlands and waters of the United States associated with borrow and waste activities should be identified." Response: The contractor will adhere to Section 802 of the NCDOT Standard Specifications for Roads and Structures, 1990, which states "Disposal of waste and debris will not be allowed in any area under the Corps of Engineers' regulatory jurisdiction until the contractor has obtained a permit for such disposal from the Corps' District Engineer having jurisdiction, and has furnished a copy of this permit to the resident engineer." 6. Comment: "To avoid future delays, NCDOT should immediately begin to identify areas available to satisfy the compensatory mitigation requirement pursuant to the February 6, 1990, 0 NCDOT FONSI December 1994 US 17 16 COE/EPA Memorandum of Agreement that established procedures to determine the type and level of mitigation necessary to comply with the Clean Water Act Section 404(b) (1) Guidelines." Response: See Wetland Finding (Section 9). E. NORTH CAROLINA DEPARTMENT OF CULTURAL RESOURCES-Division of Archives and History (Pages B-14 through B-15) Comment: "Although the draft EIS states there are no National Register-listed archaeological sites within the area of potential effect, North Carolina Department of Transportation (NCDOT) agreed in a letter dated April 24, 1990, to perform an archaeological survey. Given the apparent involvement of federal permits and in accord with Section 106 of the National Historic Preservation Act, we reiterate our June 15, 1993 recommendation for an archaeological survey of, at least, the preferred corridor. We are also a bit confused about the inclusion of the approach area of the Chowan River bridge in this project. This area was included in NCDOT project R-2512, a federally funded action. Is this federally funded project a part of R-2404?" Response: An archaeological survey will be performed along the recommended corridor prior to construction. This Environmental Commitment is included in this FONSI (Section 13). As indicated on Exhibit 1, the approach area of the Chowan River bridge is included in TIP Project No. R-2512. F. DEHNR-Division of Coastal Management (Page B-17) Comment: "It appears that construction related activities associated with the proposed road widening could constitute development within designated Areas of Environmental Concern. The potential is for land disturbing activity within the 75' estuarine shoreline where the highway approaches the Chowan River bridge and work within the Public Trust AEC of Salmon Creek, the Cashie River and other public trust water bodies. Proposed "Development" within these AECs would require a major CAMA permit. This office does not object to the widening of Highway 17, but I am unable to determine from the information provided in this document whether or not a CAMA permit will be required." NCDOT FONS! December 1994 US 17 17 Response: Detailed information on the widening of US 17 east of SR 1503, particularly in the vicinity of Salmon Creek, will be provided to the Division of Coastal Management during the permit application process. G. DEHNR (Pages B-19 through B-20) Comment: "Notification of the proper regional office is requested if "orphan" underground storage tanks (USTs) are discovered during any excavation operation." Response: The NCDOT Standard Specifications under Section 107-26 Hazardous. Contaminated, and/or Toxic Material requires the contractor to discontinue operations in the vicinity of any abnormal conditions which may indicate the presence of a hazardous, contaminated, and/or toxic material and notify the engineer immediately. Disposition of the above material will be made in accordance with the requirements and regulations of the DHR and the DNRCD (DEHNR). H. DEHNR-Parks and Recreation (Page B-21) Comment: "We strongly recommend that consultation be made with the U.S. Fish and Wildlife Service concerning ways to minimize the project's impacts to this species" (red- cockaded woodpecker). Response: Field surveys revealed no evidence of RCW activity east of SR 1503. 1. DEIM-Division of Environmental Management (Page B-22) 1. Comment: "Written concurrence of 401 Water Quality Certification will be required for this project." Response: Coordination with DEM will be initiated during the Section 404 permitting process. NCDOT FONSI December 1994 0 e US 17 18 2. Comment: "Development of the wetland mitigation plan should be coordinated with DEM and the COE to allow DEM to factor this information into our certification decisions." Response: The wetland mitigation plan will be developed in cooperation with DEM and the COE. 3. Comment: " DEM's preferred alternative ...[is]...improving the existing road through Midway." Response: Improving the existing road through Midway was selected as the recommended alternative. J. DEHNR-Division of Marine Fisheries (Page B-26) Comment: "This agency has documented blueback herring and alewife spawning in the following proposed stream crossings: Cashie River, Wading Place Creek, Roquist Creek, and Salmon Creek. These areas also are utilized as nursery areas by these species. Other commercially and recreationally important species utilize these creeks.... The Division requests a moratorium be imposed from 15 February through 30 May for any construction or excavation in the wetlands associated with the previous mentioned stream crossings." Response: The widening of US 17 between SR 1503 and a point west of the Chowan River will include a bridge crossing at Salmon Creek. The moratorium on any construction or excavation activities between February 15 and May 30 is included as an Environmental Commitment of this FONSI (see Section 13). K. NORTH CAROLINA WILDLIFE RESOURCES COMMISSION (Pages B-28 through B-29) 1. Comment: "We encourage the NCDOT to further minimize wetland impacts by considering design modifications such as shitting alignments within the right of way, narrowing median widths and increasing bridge span lengths in high quality wetland areas." Li NCDOT FONS! December 1994 0 US 17 a Response: See Wetland Finding (Section 9). 2. Comment: "We also request that work in the Cashie River, Wading Place Creek, Salmon Creek, and the unnamed creek near Edenhouse be confined primarily to months that are not critical spawning and nursery periods for the fish in these areas." Response: See Response to Comment J. 3. Comment: 19 "The NCWRC requests that there be a preliminary mitigation plan in the final Environmental Impact Statement (EIS). This plan should include the planned mitigation for each wetland area impacted and any further possibilities for avoidance or minimization." Response: See Wetland Finding (Section 9). 12. PUBLIC HEARING A corridor public hearing was held in the Bertie County Courthouse in Windsor on February 22, 1994. At the public hearing the reasonable and feasible alternative corridors were presented. The study corridors included existing US 17 and a new location north of Midway. Citizens' comments at the hearing, as well as in post-hearing letters, primarily focused on the comparison of alternatives west of SR 1503. No strong objections were raised concerning the widening of existing US 17 east of SR 1503. Public comments received concerning the study corridors at Midway generally favored the option of improving existing US 17 through Midway. 13. LIST OF ENVIRONIVIENTAL CONIMETNIENTS Standard NCDOT policies and procedures will be implemented during construction to minimize potential adverse environmental impacts. The following is a list of environmental commitments pertaining to the improvements of US 17 covered by this FONSI. J NCDOT FONSI December 1994 0 0 US 17 20 Geotechnical studies to determine hazardous waste site contamination, exact location, and possible mitigation will be completed during final design. 0 2. An archaeological survey will be performed on the recommended alternative corridor prior to construction. 3. NCDOT will give consideration to bottomless culverts or putting the floor of the culvert below stream bottom to prevent disruption of the spawning runs and return migration of anadromous fish. 4. A moratorium will be imposed from 15 February through 30 May for any construction or excavation in the wetlands associated with the crossing of Salmon Creek in an effort to avoid critical fish spawning periods. (This moratorium does not prohibit the installation of silt fences and barriers around the wetland areas, which would enable some work to be accomplished inside the moratorium period.) 5. Coordination with the Federal Emergency Management Agency (FEMA) will occur, as necessary, during the design phase of the project. Appropriate measures will be made to ensure compliance with FEMA floodway regulations. 6. Coordination with Bertie County will be conducted during final design for compliance with their respective floodplain ordinances. 7. 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Kms tar -l-en r9oll 9a stn u 20 .o ra -»- nanl rR aar rr tom- 1"'_?--? ?Eco wl E IN 8/9 KAl9 nor tar -»- r.var ae star Ia .» • -»- wrt tt.ar M A wr f v f-r r• a 'A PROPOSED R/W I OSED PROF R/W D cn m m x m m n a 0 r a F- w w N w w N 03SO 03S0 Q F- w w in w w U) M/a dOHd C= o o C= C= o o G? O D G 3 d O 0 T t Q M/a a3sodoad I- a„ •• wi 7n is ca SNYId 3171dMg3M i :YOUYUM NU E. JO 00: ? I 1 Lam- i . YW.f 1 niDD ::;1:u.1::?V? i SNYId l.WNVYU21d i •• -? ------------ --- - - - -- - ------------- - ,.... .? sn r+ou7raas"w 3aruru L L sn u. •• •? _? k - -- - ------ ,- -------- --- ai , rL ;; - Y \11 133road oo510 '9 103roae Sans of yV?: atloa? Y $ K T. - ? ? hl ?•" a? Q F.. w w 2 N w w in 0 US 17 APPENDIX B Comments Received on the September 1993 SDEIS NCDOT FONSI December 1994 ' U.S. Department of Transportation ' United States Coast Guard Commander Fifth Coast Guard District Mr. H. Franklin Vick, P.E., Manager Federal Building 431 Crawford Street Portsmouth, VA 2an,?004 Staff Sym l Phone: M:04) 398-6227 1690 2 5; 93 Planning and Environmental Branch _U 'JAN 2 8 1994 North Carolina Division of Highways P. 0. Box 25201 DIVISIpN Oc Q?U Raleigh, North Carolina 27611 2 C? HIGHWAYS ?Q Dear Mr. Vick: ON This is in response to your letter dated November 16, 1993, requesting our review of the Draft Environmental Impact Statement for US 17, Windsor to the Chowan River, Bertie County, North Carolina. The Coast Guard's main concern with any project crossing a navigable waterway of the United States is the impact the crossing may have on navigation at that location. All projects are reviewed to ensure adequate clearances for navigation are provided by such structures. The DEIS has been reviewed by my Bridge Staff. The Cashie River, Salmon Creek, Chowan River and their tributaries are navigable waters of the United States and fall under Coast Guard jurisdiction for permitting purposes. Before we can make a determination as to whether you will be required to apply for Coast Guard bridge permits for this project, you must provide the following information: a. Identify all waterways that will be crossed by the proposed project. b. Extent of lunar tidal influence at bridge sites. C. Depth and width of the waterways that will be crossed by the proposed project. d. Identify the sizes and types of vessels that navigate these waterways. (Commercial, military, recreational, etc.) e. Identify adjacent property owners (private/commercial) in the area of the proposed bridge projects. PAO I B-1 16590 25 Jan 94 Please contact Ms. Linda Gilliam, Bridge Specialist at (804) 398-6227 should you have any questions regarding this matter. Sincerely, ANN B. DEATON Chief, Bridge Section By direction of the Commander Fifth Coast Guard District 2 B-2 ' '4r?Nt or ?ohy' a? 'Arts 01 UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE Southeast Regional Office `51) 9450 Koger Boulevard St. Petersburg, Florida 33702 January 6, 1994 G E IV ? ,i Mr. H. Franklin Vick, P.E., Manager J?'r , '?? Planning and Environmental Branch N.C. Division of Highways P. O. Box 25201 DIV!S!C'i OF Raleigh, North Carolina 27611 HIGHWAYS Dear Mr. Franklin: 1 The N-t? onal -Mari *?e F_J.sher. ?s Service (NMFS) has reviewed the State Draft Environmental Impact Statement (DEIS) for US 17 improvements from Windsor to the Chowan River. The study area is about 15- miles-long and is located in southeast Bertie County, North Carolina. The Town of Windsor and the community of Midway are located within the study area. General Comments The feasible alternatives described in the DEIS consist of widening ' US 17 along its present alignment (Alternative A) and constructing a southern bypass around Windsor (Alternative B). Each alternative depicts two acceptable alignment options for Midway. Fishery and ' related project 'impacts are adequately described, however, mitigation for unavoidable wetland losses associated with the project are not addressed. In a letter dated May 19, 1990, the P.11 ' NMFS recommended that a wetland mitigation plan be developed and incorporated into this DEIS. This was not done, so we continue to recommend the development and inclusion of such a plan in the Final Environmental Impact Statement. Specific Comments Pacr,.? S-81_r+araaranh 2 and. Paae .1-35, paragraph 5_ These paragraphs should be revised to include the NMFS and the N.C.'Division of Marine Fisheries as agencies to be consulted regarding the seasonal P.12 ' use of streams in the project area as spawning and nursery habitat for anadromous fish. Page 3-13, paragraph 3. This section should be revised to include ' a map that identifies the location of existing bridges and culverts in relation to project area streams. Locating these structures on a map would facilitate following the text, supplement the P.11 information provided in Table 4.5 (Major Hydrologic Crossings), and be useful in evaluating project impacts on anadromous fish. 1 e_3 9 i Y We appreciate the opportunity to provide these comments. sincerely, Andreas Mager, Jr. Assistant Regional Director Habitat Conservation Division 1 B-4 1 I I ? s = 2 $ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY z ogoAE(IR E G I O N I V 345 COURTLANO STREET. N.E. ATLANTA. GEORGIA 30365 t rj r 1 v Y ?O "JAN . 2 1 1994 JAN 6 2 DIVISICN Mr. L. T. Ward, Manager OF Planning and Environmental Branch <?HIGHWAYS North Carolina Department of Transportation- ONI P. O. Box 25201 Raleigh, NC 27611 Dear Mr. Ward: This is in reference to your request for comments on the Draft Environmental Impact Statement on proposed improvements to US Highway 17 at the Town of Windsor to the Chowan River in Bertie County, North Carolina. This document has been reviewed pursuant to Section 309 of the Clean Air Act. The following comments are offered. Purpose of and Need for Action The proposed project involves improvements to portions of US Highway 17, currently a two-lane road, in order to improve traffic flow, capacity, safety and encourage economic growth. Being a major north-south coastal route and a factor in hurricane evacuation, the improvements are part of the Transportation Improvement Program (TIP) for the State. Numerous other TIP projects along US 17 through rural areas, like this project area, are identified in the TIP. Specific Comments on this section are: o It is apparent from the background information that the ultimate goal is to provide a four-lane thoroughfare along the entire length of US 17 in the State. We believe this to be unwarranted for many segments when considering area-wide planning. Because the completed bypass at Edenton, for example, is not a four-lane, we question why a four-lane-segment is proposed for the Windsor vicinity. o US 17 is only an option in the evacuation route for the northern portion of the outer Banks once off the island. The other option is US 158/258 that potentially would carry as much or more traffic to points inland than US 17 would down towards Windsor. o This-document does not present a need for the proposed US 17 phi imProvements at Midway . This opinion is supported by EPA staff knowledge of the Midway area. B-5 -2- 11 o Funding sources for the proposed project are not identified. Would the Federal Highway Administration be involved? Alternatives The no-build alternatives considered include improved transportation management system means, multi-modal options as well as highway construction alternatives. Selection of potential construction options employed a land suitability mapping procedure. Key features where integrated to identify more suitable corridors for alternative routes and "obstacles" along the present alignment. The present roadbed and two new corridor options in the Windsor area where considered, and the present roadbed and two new options where considered in the Midway area. These alternatives where pared down to improvements to the present roadbeds and construction of one new corridor bypass for each of developed areas considered by the project. No preferred alternative is identified. Specific comments on this section are: o The options carried forth to detailed evaluation are reasonable. o Where we believe the alternatives analysis is deficient is by not considering a three-lane option with right turn lane provisions as necessary at high use and dangerous intersections. This would reduce the amount of impact to man-made structures and uses A2 within developed corridors, and disturbance to the natural environment in undeveloped zones. Potentially it may also reduce the inevitable.need for traffic lights common to four-lane highways. A five-lane (no median) option was considered at some points, but the three-lane option would produce less impacts. o An evaluation of options for traversing the water/wetland areas should have been done in the DEIS, not necessarily in this .12 section, but certainly in the impacts assessment section. We would expect there to be a thorough consideration of mitigation options both for construction activities and long-term operational impacts. o It is not clear if or how the remediation of potential hazardous 12 C waste sites is factored into the alternatives cost estimates. Affected*Environment A general domment relevant to this section and the Environmental Consequences Section is that greater understanding could be gained by displaying a comprehensive land use/land cover inventory. Obviously such a tool was used when the Land Suitability Mapping procedure was done for the corridors analysis. Bertie County could make use of this tool in its comprehensive land use planning, pursuant to the B-6 -3- Coastal Area Management Act. Generally we found that all the right criteria were addressed in this section. We have the following specific comments on this section: o Page 3-3. There is no socioeconomic data specifically for Midway. Is Midway a town? Pleasg explain in the FEIS what is P.13 the level of commercial activity and congestion. ' o Fig.3.8. The Albemarle-Pamlico Estuarine Study funded development of a LANDSAT based comprehensive land use/cover inventory which is electronically available to state and local entities via the NC Center for Geographic Information and Analysis. We understand the NCDOT has contributed resources to this system. It is not clear whether this figure was derived P.13 ' from the GIS. Additionally, It is important for the figure to display the unique natural areas (three Coastal Plain Levee Forest sites and the one Nonriverine Wet Hardwood Forest site) identified during biological surveys. o Page 3-24. We have referred to the NC Natural Heritage Program's work entitled: Regional Inventory of Critical Natural Areas .... of ' the Albemarle-Pamlico Estuarine Region: Phase I, authored by Frost, LeGrand and Schneider and published by the Albemarle-Pamlico Estuarine Study in January 1990. Sites within ' the Cashie, Wading and Salmon floodplains where identified, which probably included those mentioned here. Frost, et. al. define larger areas within the same floodplains. Page 3-4. For the impacts analysis, the data on population characteristics should contain mapped locations of minority neighborhoods and minority commercial districts, if such ' distinctions can be made. Also, per capita income data would be helpful in defining the economic status of Bertie County. I Environmental Consequences The potential project elements addressed in detail are: a four or five-lane along the present route of US 17 through the Town of Windsor (Alternative A), a four-lane southern bypass (Alternative B); expansion to four lanes to the highway through Midway and a four-lane Midway northern bypass; and four-lane expansion of all other segments along the route from Windsor to the Chowan River. These where all compared to the no-build alternative. Our specific comments are: o Page 4-2. The statement here that State's transportation improvement alternatives evaluation process. functional goals of the project in Alt. A would not achieve the plan undermines the This was not identified in the Section 1. 1 B-7 -4- "'i I o Page 4-2. Since selection of Alternative B (Windsor bypass) is not consistent with the Bertie County land use plan, that ' alternative could be in conflict with the State's Coastal Area Management Act. d th i b li sor eve e W n e o Page 4-4. Regarding community cohesion, we bypass would greatly impact community cohesion by diverting economic activity away from the traditional downtown area to an outside commercial zone. Such resulting spin-off impacts where , poorly assessed in this section. We believe Alternative A would do more for Windsor in terms of economic growth than Alternative B. o Page 4-4. Harden Town mentioned here should be defined socioeconomically, since it would be impacted by either build alternative. o Page 4-7. The residential relocation impact of a Windsor bypass seems to be underestimated because the secondary impact of land use changes would likely cause residences to be converted or abandoned for commercial redevelopment. Business relocation addressed on the next page probably should include agriculture. , o Page 4-13. Long term, Alternative B would diminish other recreational opportunities for the Cashie River corridor besides hunting, such as boating/canoeing and hiking. Noise, air quality and visual impacts in addition to the physical resource displacement by a four-lane highway all contribute to loss of potential recreational opportunities. o Page 4-14. Explain the statement that making improvements to the present corridor through downtown Windsor introduces "out-of-character" elements from a historic perspective. This would not involve a change in land. use as would Alt. B. Although archaeological resources are not documented, this discussion should indicate the discovery procedures and coordination with the SHPO, pursuant to Federal.and State laws. o Page 4-19. Concluding that a decrease of 1dB levels is misleading because this would not b average person. It would be clearer and more that noise receptors along the existing route reduced frequency of occurences of irritating result of the bypass. would improve noise perceptable to an reasonable to say would experience noise levels as a B-8 -5- o Page 4-21. The fact overlooked in comparisons of water quality, floodplain and wetland impacts between the alternatives is that the hydrologic crossings to widen the existing route would present far less changes in the resources present. The immediate area of the existing crossings are already impacted biologically. The incremental additions of the operational highway is far less than.it would?be at the relatively undisturbed proposed bypass crossing locations. The bypass route crossings would cause larger physical "footprints" and ancillary degradation based on the size of the roadway corridor proposed with the large amount of filling possible. o Page 4-21. It is not possible to evaluate the total impacts of the alternatives without a better definition of.the proposed best management practices (BMPs). We would expect to see the BMPs for controlling nonpoint source pollution identified through the P.13 Coastal Zone Management Act reauthorization fully considered, since this area is covered by CAMA. o Page 4-22. How are dewatering activities associated with bridge construction to be controlled? P•14 o Page 4-23. Traversing floodplain and wetland areas for either expansion of!the existing roadway or for new corridors presents the greatest 'concern to EPA. Although the design particulars of structures are not available, the suggestion that only 150 feet of the 900 feet wide Cashie floodplain is not acceptable. We have the same concern about the other hydrologic crossings. Use of bridging would considerably lessen the amount of wetlands and biotic impacts discussed in section 4.7. We wish not to see repeated the errors made earlier at Williamston, where the new US 17 roadway parallel to the old structure across the Roanoke River involved extensive fill and loss of wetland/floodplain area. The old two-lane roadway there is environmentally preferable since it bridges much more of the floodplain. Page 4-23. Does the impact of Alt. A include the re-establishment of the barge turning basin? Has bridging over its present location been considered? o Page 4-33. Essentially all of the wetlands potentially impacted by Alternative B are palustrine hardwoods. The limits of clearing for a 250, wide divided highway should be presented and the total acreages of disturbance for all hydrologic crossings. This also would be a considerable loss of hardwood timber that should be stated. B-9 -6- o Page 4-33. Potential losses of wildlife associated with the bypass alternatives are understated because the increases in animal roadkill incidents annually would far surpass that of expanding present roadways. This is certain with the bisecting of relatively undisturbed habitat. o Page 4-35. We are pleased to see the attention to be given to avoiding or minimizing obstructions to anadromous fish spawning migration. The Albemarle-Pamlico Estuarine Study is coordinating State DEHNR interests and is working with DOT to develop standard procedures for such mitigation. o Page 4-38. Despite the clarification at the end of this page about the greater impact to prime agricultural land by Alt.A, it is still misleading. Consider the potential conversion of farmland to commercial and other uses as a result of the bypass alternatives. o Table 4AA. Do the cost figures for Alt. B include the installation of utilities, as are the utility relocation costs included in the costs of Alt. A? Conclusion On the basis of our evaluation of the document, a rating of EC-2 has been assigned to this project. That is we have a concern about the possible selection of Alternative B for a new bypass corridor at the Town of Windsor7 and the extensive impacts to relatively high quality natural areas such a project would create both short-term and long-term. Accordingly, we prefer the alternatives of making improvements to the present roadway since it is indicated that this would meet the purposes of the transportation project. We also have requested additional information be included in the final EIS. It is particularly important to EPA that the final EIS present fully the proposed mitigation for water quality and wetland impacts due to construction, and identify mitigation that is to be "built into" the operation and management of the improved roadway. Thank you for the opportunity to review this document. If we can be of assistance in clarifying our comments please contact me or Mr. Ted Bisterfeld on my staff at 404/347-3776. Sincerely, U_ a?WWAI? Heinz J. Mueller, Chief Environmental Policy Section cc: Mike Gantt, USFWS, Raleigh Office Coleman Long, COE, Wilmington District B-10 ,C! t , DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 1 IN REPLY REFER TO January 27, 1994 Planning Division 1 1 s Mr. H. Franklin Vick, P.E., Manager Planning and Environmental Branch Division of Highways North Carolina Department of Transportation Post Office Box 25201 Raleigh, North Carolina 27611-5201 Dear Mr. Vick: Its* 0 JAN 2 8 1994 z Z OIVISIC!V OF IGHwAYS N?RCNVME? P?' This is in response to your November 16, 1993, letter requesting comments on the "State Draft Environmental Impact Statement for US 17, Windsor to the Chowan River, Bertie County, State Project No. 6.019001T, R-2404" (Regulatory Branch Action I.D. No. 199400838). 1 Our comments are from the U.S. Army Corps of Engineers (COE) perspective and involve impacts to COE projects, flood plains, and other environmental aspects, primarily waters and wetlands. The proposed road improvements, both Alternatives A and B,,would cross a COE-constructed navigation project in the ' Cashie River. This Federal project includes the removal of logs, snags, and other obstructions between Windsor and the mouth of the Thoroughfare in Roanoke River, a distance of 20.5 miles; the construction of three cutoff ' channels, 80 feet wide through sharp bends at points 1, 4, and 5 miles below Windsor; and a turning basin about 1.1 acres in area at Windsor, all at a depth of 10 feet. According to statements on pages 4-23 of the Draft Environmental Impact Statement (DEIS), Alternative A would involve filling in an area containing the existing turning basin, which would be relocated to the opposite side of the river and approximately 250 feet south of its current location. Specific details regarding the relocation of this basin ' should be provided and coordinated with the COE and other appropriate agencies if this alternative is selected. Alternative B would involve a new crossing of the Cashie River below Windsor, as referred to on pages 4-24 of the DEIS. The COE responded by letter of March 4, 1991, to an inquiry by your consultant as to minimum bridge clearance requirements. The response indicated that a minimum clearance of 40 feet above mean high water was recommended in order to allow passage of the COE's snagboat should future maintenance of the project be needed. We continue to recommend this minimum clearance for this purpose. ' The roadway is located in Bertie County and the town of Windsor, both of which participate in the National Flood Insurance Program. The proposed ' B-11 -2- improvements cross or impact flood insurance streams in both jurisdictions. These streams include Salmon Creek and tributaries 1 and 2, Chowan River and tributary, Cashie River and tributary, and Wading Place Creek. We suggest that you coordinate with Bertie County and the town of Windsor for compliance with their flood plain ordinances and any changes to their maps and reports. Our Regulatory Branch has reviewed the proposed alternatives for this project to improve US 17 and has the following comments. Review of the DEIS for this project confirmed several issues identified at the October 21, 1993, North Carolina Department of Transportation (NCDOT) and COE meeting in Raleigh. These issues were also discussed with Ms. Michelle Wagoner- Fishburne, of your staff, and 'fir. Michael iagnocco, Woolpert Consultants, at the aforementioned meeting. a. Reference pages 4-31, 4.7.2, Wetlands, of the DEIS. If the 1989 Federal Manual for Identifying and Delineating Wetlands was utilized to 14 generate wetlands data contained in this report, it is possible that a delineation utilizing the 1987 Corps of Engineers Wetlands Delineation Manual may be different. b. There was a' question regarding hydric soils that may greatly impact the alternative alignments. Please provide a mosaic of the county soil survey sheets with the alternative alignments demarcated on the maps to allow for further review. c. Please provide the National Wetlands Inventory maps for the project area with the alternative alignments demarcated. d. Please provide a description of wetland acreage impacts and wetland 14 C types to be impacted for all alternatives (Re: Table 4.6). e. There is concern that the alternatives presented at the aforementioned meeting are not comparable because of differing median widths, distances off .15 centerline, 5-lane versus 4-lane divided highway, etc. Please address this issue by describing exactly what each alternative entails and what is being compared (Re: Tables 2.1 and 4.8A). f. Please provide a copy of the natural systems field reconnaissance map. g. Please provide a 1-inch equals 800-foot scale mosaic showing the proposed reasonable and feasible alternatives. This map may be combined with the map requested in f. above. 15 h. It is recommended that median widths be constricted and/or eliminated through all crossings of wetlands and waters of the United States. i. Impacts to wetlands and waters of the United States associated with .15 C borrow and waste activities should be identified. J J t B-12 j. To avoid future delays, NCDOT should immediately begin to identify areas available to satisfy the compensatory mitigation requirement pursuant p,15 to the February 6, 1990, COE/EPA Memorandum of Agreement that established procedures to determine the type and level of mitigation necessary to comply with the Clean Water Act Section 404(b)(1) Guidelines. For additional information concerning permits, please contact Mr. Henry Wicker, Washington Field Office, Regulatory Branch, at (919) 975-5811. ' We appreciate the opportunity to comment on this project. If we can be of further assistance to you, please do not hesitate to contact us. ' Sincerel , Lawrenc W. Saunders ' Chief, lann'ng Division I B-13 Fl J CE5 North Carolina Department of Cultural Resource James B. Hunt, Jr., Governor DivisioBetty Ray McCain, Sectary Wi' February 8, 1994 MEMORANDUM TO: H. Franklin Vick, P.E., Manager Planning and Environmental Branch Division of Highways ' Department of Transportation FROM: David Brook Deputy State Historic Preservation Officer SUBJECT: Widening US 17 from Windsor to Chowan River, ' Bertie County, R-2404, 6.019001T, 94-E-4220-0425 We have received the draft Environmental Impact Statement (EIS) from the State Clearinghouse and would like to comment. As indicated in the draft EIS, the National Register-listed Bertie County ' Courthouse, Windsor Historic District, and Rosefield are located in the area of potential effect for the project. Please note that the following historic properties are also located in the area of potential effect: ' Freeman Hotel. East side of York Street at the junction with Granville Street, Windsor. This property was placed in the National Register of Historic Places on September 9, 1982. The hotel is located within the ' Windsor Historic District. St. Elmo Missionary Baptist Church. South side of Elmo Street just west of ' the junction with King Street. This property was included in the state study list on October 14, 1993. The church is located just outside the Windsor Historic District. As illustrated in the draft EIS, Alternative A would have an adverse effect upon these properties. We note that the adverse effect may be avoided if Alternative B is selected. ' Although the draft EIS states there are no National Register-listed archaeological sites within the area of potential effect, North Carolina Department of Transportation (NCDOT) agreed in a letter dated April 24, 1990, to perform an P.16 archaeological survey. Given the apparent involvement of federal permits and in accord with Section 106 of the National Historic Preservation Act, we reiterate our June 15, 1993 recommendation for an archaeological sruvey of, at least, the 1 preferred corridor. B-14 109 Fast Inns Stmt • RiSnish North C'2Y ling 27601-2807 I Page 2 We are 3.16 1: Chowa 2512, a also a bit confused about the inclusion of the approach area of the n River bridge in this project. This area was included in NCDOT project R- federally funded action. Is this federally funded project a part of R-2404? Pages 4-44 and 45 of the draft EIS indicate that permits for this project must be obtained from the Army Corps of Engineers (ACOE), the U.S. Coast Guard, and the North Carolina Division of Coastal Management and Division of Environmental Management. Given this need for federal permits and federal-state consistency, we consider this a federal undertaking. It appears the NCDOT has recognized this and provided a copy of the draft EIS to the Advisory Council on Historic Preservation for its review. Please note the 1992 Amendments to the National Historic Preservation Act expand the previous statutory definition of the term "undertaking" to include those projects requiring a federal permit, license, or approval. It also includes those projects subject to state or local regulation administered pursuant to a delegation or approval by a federal agency. The amendments also state that a federal agency's regulations regarding historic properties must be consistent with the regulations issued by the Advisory Council on Historic Preservation. Since the Advisory Council has not approved ACOE's Appendix C to 33 CFR Part 325 (Processing of DOA Permits: Procedures for the Protection of Historic Properties), we feel their use is inappropriate. The above comments are made pursuant to Section 106 of the National Historic Preservation Act of 1966 and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106, codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. DB:slw cc: State Clearinghouse Wayne Wright, Army Corps of Engineers, Wilmington Henry Wicker, Army Corps of Engineers, Washington U.S. Coast Guard, Washington, DC B. Church B-15 .IVIi?UNuII?N'l.', Pt-ojec:c Numixr . -1'AIZTNIL• N 1 U1- L AND NATURAL RESOURCES 1 DIVISION OF ENVIRONMENTAL HEALTH Lint Inter-Agency Project Review Response i Type of Project - Irojecl Name c` ?-----?-- , 11 -'r s stem t-J ' u 1 r? 1 ' LJ ?J Y The applicant should beadvised d Y chle Di vision of Environmental Heatch prior to the award improvements must be appr of a contract or the initiation of conscr i eon(,as required by(15 NC24 0 8C .0300 ec. sea.). For information, contact the Public P This will be classified as a non-coin public water supply and must comply with project state and federal drinking water moaicong eq ire(9 en 733-2321. re information c. e app !cant Section should contact the Public Water Supply If [his project is consc.ucced as proposed, we will. recommend n closure IlfisTanecr or' pjacent -on rogra viacers co the harvest of shellfish. For inform. m, tae applicant should concacc cne Shellfish Sanitation Branch ac (919) 726-632-1. d for this project may produce a mosauico breedi :g'problern. The spoil disposal area(s) propose. For information concerning appcoor!ace rnoCq cion concrot . cne alp n` shou.e. contact the Public Iieaich Pest Ivlaragemer!t Section (919) 726 orden ce. prevent he applicant 'should be advised chat prior to the .r v lor demolitio l a s ruttu es, an extensive rodent control program may be necessary in mi,ration of the rodcn[s to adjacent areas. The info rmac Health Pesoc raino, c SeG ion ac (919) . co rice contact the local health department or the Public H 753-6"07. The apvlicanc should be advised to contact the local health NCACent re-200 leg seo.)r , required under requirements for septic tank installations as For information concerning septic tank andother on-site waste disposal mechoconcacc cr- On-Site Wastewater Section ac (919) 733-S9 The ap licant should be advised to contract tae local health department regardir _ the sanita-; _P facilities required for this project. If existing Water lines will be relocated during the construction, plans forte vvacer line re on of Environmental Heth, Public Water Supply be submitted to the Divisi location must Section, Plan Review Branch, 1330 Sc. Mary's Screec, Raleigh, North Carolina, i,"19) 733-2660. Reviewer Seccion/Branch ?8 i C\1 VOW q N r ?6G l Nd [' `: ?S Da- State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr„ Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director 13 January 1994 MEMQRANDImt TO: Steve Benton FROM., Terry Moore 11-rp) 4•i ,rei?.wl¦??? I--::) F F I SUBJECT: Project SCH94-0425 - TIP R-2404 DEIS Improve US 17 from Windsor to the Chowan River, Bertie County, North Carolina It appears that construction related activities associated with the proposed road widening could constitute development within designated Areas of Environmental Concern. The potential is for land disturbing activity within the 75' estuarine shoreline where the highway approaches the p,16 Chowan River bridge and work within the Public Trust AEC of Salmon Creek, the Cashie River and other public tntst water bodies. Proposed "Development" within these AECs would require a Major CAMA permit. This office does not object to the widening of Highway 17, but I am unable to determine from the information provided in this document wh-,ther or not a CAMA permit will be required. TM/pp B-17 1424 Carolina Avenue, Washington, North Corolina 27889 Telephone 919-946-6481 FAX 919-975-3716 I An Equal Oppodunity Affirmcilive Actlon Employer . 50%re-rycled/ 10%post-consumer paper t I State of North Carolina Department of Environment, Health and Natural Resources Office of Policy Development James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary John G. Humphrey, Director MEMORANDUM TO: Chrys Baggett State Clearinghouse FROM: Melba McGee Project Review Coordinator RE: 94-0425 - DEIS US 17 from Windsor to the Chowan River, Bertie County DATE: January 18, 1994 The Department of Environment, Health, and Natural Resources has reviewed the pzoposed DEIS. In reviewing our comments, it.is evident that the majority of the alternatives discussed by the Department of Transportation would have major impacts to wetlands. The consensus among our commenting divisions is that less environmental impacts would occur with Alternative A. The attached comments identify a number of concerns which should be dealt with in order for DOT to produce an acceptable Final Environmental Impact Statement. Addressing these issues will help our regulatory divisions when subsequent permits are reviewed. DOT is encouraged to work directly with our divisions prior to submitting the FEIS to the State Clearinghouse for review, so unnecessary delays can be avoided. Thank you for the opportunity to respond. ,?? JAN 1994 ??. ^7 N ,i SURct? ?`C'FICE d <-: GOA attachments I I B-18 P.O. Box 27687, Raleigh. North Carolina 27611-7687 Telephone 919-715-4106 FAX 919-715-3060 ' An Equcl Opportunity Affirmative Action Employer 50% recycled/ 10% post-ccnmimer pcper Slate of North Carolina Reviewing Office: Department of Environment, Health, and Natural Resources Washin ton Regional Office INTERGOVERNMENTAL REVIEW - PROJECT COMMENTS Project L1 Ntum0ber: r: Due Date: I After review of this project It has been determined that the EHNR permit(s) and/or approvals indicated may need to be obtained in ' order for this project to comply with North Carolina Law. Questions regarding these permits should be addressed to the Regional Office indicated on the reverse of the form. All applications, information and guidelines relative to these plans and permits are available from the same Normal Process , Regional Office. Time SPECIAL APPLICATION PROCEDURES or REQUIREMENTS (statutory time lirnit PERMITS j Permit to construct S operate wastewater treatment Application 90 days before begin construction or award of 30 days ? sewer system extensions. b sewer facilities construction contracts On-site inspection. Post-application ' , systems not discharging into state surface waters. technical conference usual (90 days( NPOES - permit to discharge into surface water andlor Application 180 days before begin activity. On-site inspection. i ?0.120 days ? permit to operate and construct wastewater facilities aters f t to Pre-application conference usual. Additionally. obtain perm construct wastewater treatment facility-granted after NPOES Re-,(y 1r1'Ai ace w discharging into state sur time. 30 days after receipt of plans or issue of NPDES permit-whichever is later. da s 30 y Pre•appfication technical conference usually necessary I water Use Permit (N Ai 7 Ga s y Complete application must be received and permit issued 115 ea si ? well Construction Permit prior to the installation of a well. y Application Copy must be served on each adjacent riparian property 55 dais owner. On-site inspection. Pre-application conference usual Filling ' ? Dredge and Fill Permit may require Easement to Fill from N.C. Department of IC-3 days: Administration and Federal Dredge and Fill Permit. 60 ca s Permit to construct d operate Air Pottu:ron Abatement I r , 190 Days: G lacrl s ancror Emission Sources s per 15A NCAC 21H.06 NIA ny open burning associated with subject proposal must be in compliance with 15A NCAC 20.0520. ' Demolition or renovations of structures containing 60 cars asbestos material must be in compliance with 15A D NCAC 20.0525 which requires notification and removal NIA poor to demolition. Contact Asbestos Control Group , (Sc cars 919.733.0820 r II Complex Source Permit required under 15A NCAC 2D.0800. ion d sedrmentalro A The Sedimentation Pollution Control Act of 1973 must be pr n eros operty addressed for any land disturbing activity. ional Office (Land Oualrly Sect 1 at least 30 ro er Re ith f l d 20 Gays p g p w i e control plan will be required if one or more acres to be disturbed. Plan r the first acre and 52000 for each aeditional acre or part must accomoanv the .u^ f S30 f f 130 days o ee o davs before beamninq activity A (30 daysi The Sedimentation Pollution Control Act of 1973 must De addressed with respect to the relerrenced Local Ordinance: I On-site inspection usual. Surety bond liletl with EHNR. Bond amount varies with type mine and number of acres of affected land Any area 30 days C Mining Permit mined greater than one acre must be permiled The appropriate bond 160 days( must be received before the permit can be issued. t 1 oat On-site inspection by N.C. Division Forest Resources if permi I North Carolina Burning permit (N.AI exceeds 4 days " 1 day ecial Ground Clearance Burning Permit • 22 S if more On-site inspection by N.D. Division Forest Resources required ections I (14A) ? p C. with organic toils nties in CdiStal N nsp than five acres of ground cleanng activities are involved n d l ' . cou an e should be requested at feast ten days before actual bum is p 90.120 days ? NIA tN;A) Oil Refining Facilities If permit required, application 60 days before begin construction. 30 days Applicant must hire N.C. qualified engineer to: prepare plans. ? inspect construction. certify construction is according to EHNR aoprov ' 160 days) Darts Safety Permit ed plans May also require permit under mosquito control program And a 404 permit from Corps of Engineers. An inspection of site is neces- sary to verily Hasard Classification. A minimum fee of 5200 00 must ac• company the application. An additional processing fee based on a percents a or the total project cost will be required upon comotelion B-19 Continued on reverse its I Normal Process Time (statutory time PERMITS SPECIAL APPLICATION PROCEDURES Or REOUIREMENTS limit, Permit to drill exploratory oil or pas well File surety bond of $5.000 with EHNR running to State of N.C. conditional that any well opened by drill operator shall, upon abandonment, be plugged according to EHNR rules and regulations. 10 Gays (NrAr f 10 ? Geophysical Exploration Permit permit Application filed with EHNR at least 10 days prior to issue o Application by letter. No standard application form. days I (NiAI l M d i 15.20 tla ? Slate Lakes Construction Permit u nc e ust Ec1c, on lee based on structure size is charged ons L tlrawirigs of structure d proof of ownership yn (NA, ' an property. 60 nays ? 401 Water Ouality Cenification N/A (130 days. 55 Gays ? CAMA Permit for MAJOR development S250.00 fee must accompany apolication I 1150 o:vs• t 22 cars ? CAMA Permit for MINOR development 550.00 fee must accompany application (25 days: ' jec area If any monuments ned to be t ct Survey Box 27687, RaleigheN C. 2761°ved or eestroyee, please notify Several geodetic monuments are located in or near N C` the Pro Abandonment of any waII3if required. must be in accordance with Title 15A. Subchapter 2C.0100 . Notibcalion of the proper regional office is requested if "orphan" underground storage tanks (USTSI are Ciscoverea Curing any excavation ooeraticn U S: Cl1'3 Compliance witn 15A NCAC 2H.1000 (Coastal Stormwater Rulesl is required. IN A, ' • Otner comments lallach additional pzges as necessary. being certain to cite comment aulnority): 1 1 I I I REGIONAL OFFICES Questions regarding these permits should be addressed'to the Regional office marked below. ? Asheville Regional Office ? Fayetteville Regional Office 59 Woodlin Place' Suite 714 Wachovia Building Asheville. NC 28801 Fayetteville. NC 28301 (704) 251-6208 (911i 486.1541 El Mooresville Regional Office El Raleigh Regional Office 3800 Barrett Drive. Suite 101 919 North Main Street. P.O. Box 950 Raleigh. NC 27609 Mooresville. NC 28115 (919) 733.2314 (704) 663.1699 ? Wilmington Regional Office ? Washington Regional Office 127 Cardinal Drive Extension 1424 Carolina Avenue Wilmington. NC 28405 Washington. NC 27889 (919) 395.3900 (919) 446.6481 ? Winston-Salem Regional Office 8025 North Point Blvd. Suite 100 B-20 DIVISION OF PARKS AND-RECREATION January 7, 1994 Memorandum TO: Melba McGee FROM: Stephen Hall S(? SUBJECT: DEIS -- Improve US 17, Bertie County REFERENCE: 94-0425 As mentioned in the document, several historic records exist for the presence of the red-cockaded woodpecker (Picoides borealis), federally and state-listed as Endangered, within the project corridor. Although the survey conducted for this species did not obtain any actual sightings of this species, a fresh cavity "start" was observed at one of the known sites and a cavity tree was discovered near a second historic colony site (p. 3-30). These findings, along with the presence of suitable habitat (stands of pines'over 30 years old) within the vicinity, suggest that the woodpeckers could still occur within the study area. For this reason, we strongly recommend that consultation be made with the US Fish and Wildlife Service concerning ways to minimize .17 the project's impacts to this species. 117&1,9??/ I:l B-21 ' . State of North Carolina Department of Environment, ' Health and Natural Resources Division of'Environmental Management James B. Hunt, Jr., Governor ' Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director January 10, 1994 MEMORANDUM ' To: Melba McGee Planning & Assessment ' Through: John Dorney• - v Monica Swihartw ' From: Eric Galamb fAl Subject: Draft EIS for US 17 Windsor to the Chowan River ' Bertie County ' rR-2404 State Project DOT No. 6.019001T, TIP 7 ' The subject document has been reviewed by this office. The Division of Environmental Management is responsible for the issuance of the Section 401 Water Quality Certification for activities which may impact waters of the state including wetlands. The following comments are offered in response to,the document prepared for this project which will impact between ' 11.3 and 22.9 acres of wetlands depending upon the alternative chosen. 1. Written concurrence of 401 Water Quality Certification will be required for this project. L7 2. How many acres of wetlands will be impacted for the barge turning basin relocation? 8 _ 18 3. Development of the wetland mitigation plan should be coordinated with DEM and the COE to allow DEM to factor this information into our Certification decisions. 4. DEM's preferred alternatives are Alternative A and improving the existing road through ' Midway. Questions regarding the 401 Certification should be directed to Eric Galamb in DEM's Water ' Quality Planning Branch. ` usl7wibp.eis 1 1 P.O. Box 29535, Rdeigh, North Ccrorina 27626-0535 I An Equal Opportunity Affirmative Action Employer MAI T ?r--= HNF1 B-22 SAN oQ Telephone 919-733-7015 FAX 919-733-2496 50% recycled/ 10% past-consumer paper cP CCU ?? fl?E ,? n c`c'Ly 9 DEC 1993 `?, , n p'ct?'`liti ° ' cl:Oh???'Y?pr\ Clayton, N.C. December 20, 1993 , TO: Melba McGee - Policy Development FROM: Don H. Robbins, Staff Forester SUBJECT: DOT Draft EIS for US 17 Improvements from W indsor to the Chowan River in Bertie County , PROJECT: m94-0425 -6-94 DUE DATE: 1 We have reviewed the above subject document and have the I following comments: 1. Forestry concerns are addressed in the document, but had to , go through the complete document to find the inf ormation. 2. We favor Alternative. "All because of less impacts to forestry. Impacts from "A" are as follows - ' a. 11.3 acres of forested wetlands. , b. 6.1 acres of bottomland forests. 3. We would not be in favor of Alternative "B". ' la pc: Warren Boyette - CO ZZ3Z??'2 6 File ???\? / T c?c'? ???? 6 8 1 OI 1 ' B-23 t N C Department of Environment, Health and Natural Resources Division of Environmental Management Water Quality Section Washington Regional Office December 28, 1993 MEMORANDUM TO: Nancy Smith, Regional Manager THROUGH: Roger Thorpe, Water Quality,Su ervi 1 FROM: Lyn B. Hardison, Environmental Technician eIrl SUBJECT: A-95 Review ' Project: m94-0425 North Caroina DOT-US17-Windsor to Chowan River County: Bertie County The above subject document has been reviewed by this office. This document was reviewed for potential water quality concern. Please note that any stream and/or wetland crossings will require a Section 404 Permit from the Corp. of Engineers and a 401 Water ' Quality Certification from DEM. In the event of an oil/hazardous waste spill onto the land and/or ' into waters of the State, the incident must be reported to DEM within 24 hours, and the responsible party must take immediate action to contain and clean up the.-product. ' The project should not result in pollution of the waters of the State in excess of Standards by the Division. 1??ti2324 ZS???? 1 ? ?? QQe' N B-24 11 1 DIVISION OF ENVIRONMENTAL MANAGEMENT 1 GROUNDWATER SECTION December 30, 1993 ' MEMORANDUM To: Nancy Smith Regional Office Manager ' - Washington Regional Office From: Guy Pearc'Groundwater Section ' Washington Regional Office Subject: A-95 Review Project No. 94-0425 North Carolina DOT - U.S. Hwy 17 Improvements ' Windsor to Chowan River - Bertie County As a result of this project, any well for which it's 1 1 . use is no longer required must be properly abandoned in accordance with the N.C. Well Construction Standards outlined in NCAC 15A 2C .0113, and an abandonment report filed with the Department as specified in NCAC 15A 2C .0114. 2. The Groundwater Section recommends the removal of ariy abandoned underground storage tanks within the ' project area. 3. As a result of this project, any spills that occur of significant quantity must be reported to the Division ' of Environmental Management in the Washington Regional Office (919) 946-6481. 1 4. Any questions or concerns regarding groundwater should be directed to the Groundwater Section in the Washington Regional Office at (919) 946-6481. ' ^,??22 Z 3 2915?6? 1 J ?hicn i? B-25 1 State of North Carolina ' Depart ment of Environment, Health and Natural Resources Division of Marine Fisheries James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary ' William T. Hogarth, Ph.D., Director ' MEMORANDUM: Ag4j*?EHNR a TO: Melba McGee, Office of Policy Development X19 994 - THROUGH: Mike Street ?- "' FROM: Sara E. Winslow, Biologist I, ,/ ? 1 SUBJECT: Project Number 94-0425 - NC DOT US 17 Windsor to the Chowan River T.I.P. No. R-2404 - DEIS 1 DATE: December 22, 1993 ' The North Carolina Division of Marne Fisheries has reviewed the DEIS and provides ' the following comments. . This agency has documented blueback herring and alewife spawning in the following proposed stream crossings: Cashie River, Wading Place Creek, Roquist Creek, and Salmon t Creek. These areas also are utilized as nursery areas by these species. Other commercially and recreationally important species utilize these. creeks. ' The Division is concerned with the loss and or impacts to the wetlands associated with the project. Wetlands are of great importance to fisheries resources, serving as sources ' of biological productivity, providing food directly and indirectly and serving as spawning and nursery areas for many important species. Finally, wetlands perform important roles in modifying acute impacts of hydrologic events, moderating stormwater flows, trapping ' sediments, and providing nutrients for incorporation into resident plants. Of the two Alternatives proposed the Division recommends. Alternative A. The impacts to the wetlands (11.3 ac) would be considerably less. This agency is extremely interested in the proposed mitigation for these losses. The Division requests a moratorium be imposed from -15 February through 30 May for any construction or excavation in the wetlands associated with the previous mentioned stream crossings. This moratorium will ensure the environmental integrity of the area is ' P.18 protected during critical times of usage by the previously mentioned species. However, DMF does realize that silt fences and barriers may be installed around the wetland areas to enable some of the work to be accomplished inside the moratorium. ' P.O. Box 769. Morehead City. North Carolina 28557-0769 Telephone 919-726-7021 FAX 919-726-0254 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper B-26 DIVISION OF LAND RESOURCES LAND QUALITY SECTION December 16, 1993 MEMORANDUM TO: Nancy Smith Regional Manager Washington Regional Office FROM: Floyd Williams Regional Engineer Land Quality Section Washington Regional Office RE: Project 94-0425 Review of Draft N.C. Department US 17 Windsor to Bertie County Environmental Impact Statement of Transportation the Chowan River State Project Number 6.019001 T Whichever alternative is chosen the project must be consistent with the N.C. Sedimentation Pollution Control Act of 1973 as amended. Temporary and permanent erosion and sedimentation control measures and/or devices must be utilized throughout the project to prevent sediment from leaving the limits of construction and entering adjacent properties, wetlands and natural watercourses. Borrow and waste areas, along with other associated land- disturbing activities, must be addressed according to the Memorandum of Agreement between DOT and the N.C. Sedimentation Control Commission. Periodic inspections will be made by personnel of the Land Quality Section to ensure compliance. B-27 1Z 13 ...'K7? '1:1 711 ® North Carolina Wildlife Resources Co n 44 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 MEMORANDUM Charles R. Fullwood, Executive Director TO: Melba McGee, Policy Development Dept. of Environment, Health, & Natural Re ources FROM: Dennis Stewart, Manager Habitat Conservation Program ' DATE: January 6, 1994 ' SUBJECT: N. C. Department of Transportation (NCDOT) Draft Environmental Impact Statement (DEIS) for US 17 from Windsor to the Chowan River, Bertie County, North Carolina, TIP-No. R-2404, SCH Project No. 94-0425. t The N. C. Wildlife Resources Commission (NCWRC) has reviewed ' the DEIS and potential project impacts on fish and wildlife resources. Our comments are provided in accordance with certain provisions of the Fish and Wildlife Coordination Act (48 ' stat.401, as amended; 16 U.S.C. 661-667d) and the North Carolina Environmental Policy Act (G.S. 113A-1 et sec., as amended; 1 NCAC 25). ' The proposed project involves improvements to the US17 corridor from the town of Windsor to the Chowan River in Bertie County, North Carolina. Wildlife habitat in this corridor ' includes bottomland hardwood forests and freshwater swamps. Wildlife species found in these areas include deer, furbearers, small game, amphibians, reptiles, songbirds, raptors, and waterfowl. Acruatic environments include rivers and streams. ' These acruatic habitats support a variety of game and non-game fish species as well as being important spawning and nursery areas. r The DEIS adecruately addresses the impacts of the two build alternatives on the wildlife and fisheries within the project ' area. The A alternative encroaches upon 9 wetland areas as compared to 8 areas for the B alternative. The cumulative impacts to these areas are 11.3 and 22.9 respectively. Impacts to wetlands along the A alternative occurs along the periphery of ' the wetlands presently bordering US17. The impacts associated with the B alternative are to areas that have been mostly B-28 Memo Page 2 January 6, 994 undisturbed, thereby dividing and fragmenting wildlife habitats ' in these areas. The A alternative also impacts less hardwood acres than alternative B, 6.1 as opposed to 27.7. ' The NCWRC recommends the A alternative due to its lesser impacts to wetland and upland habitats. The A alternative uses a greater portion of existing US17, thereby reducing wildlife ` ' along existing US17 is habitat impacts. The wildlife habitat already fragmented and degraded from development in the area. We encourage the NCDOT to further minimize wetland impacts by ' 18 considering design modifications such as shifting alignments within the right of way, narrowing median widths and increasing bridge span lengths in high cruality wetland areas. We also , request that work in the Cashie River, Wading Place Creek, Salmon Creek, and the unnamed creek near Edenhouse be confined primarily to months that are not critical spawning and nursery periods for L the fish in these areas. ' The NCWRC reauests that there be a preliminary miticatior_ the final Environmental Impact Statement(EIS). This plan l i , n p an 19 should include the planned mitigation for each wetland area impacted and any further possibilities for avoidance or minimization. ' The NCWRC will concur with the findings of the EIS provided that our recommendations and concerns are addressed. ' Thank you for the opportunity to review and comment on this p If I can further assist your office, please contact me at DEIS . (919) 528-9886. ' DLS/DRC cc: David Rowe, District 1 Wildlife Biologist ' Pete Kornegay, District 1 Fisheries Biologist Tom Henson, Nongame/Endangered Species Costal Proj. Leader. , t B-29 I State of North Carolina Department of Environment, ' Health and Natural Resources Division of COasfal Management ' James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary I TO: Melba McGee, NO Division of Planning,f- Assessment MOM: Steve Benton, NC Division of Coastal Management DA7"E: i.41 SUBJECT- Review of SCH V- '/V Please Forward Agency Comments r eview er Comments Attached Review Comments: _ This docv,ner.t is being reviewed for consistency with the NC Coastal Management Program. Agency comments racoived by SCH are needed to devi:lope the State's consistency position. c/ A CAMA Permit _is or *ay be required for t)iis project. Applicant should contact in G phone for iniormstiun. `7-Gn- /T?•.?vG _._ A Con!yistpncy Determination _is or _may be required for this project. Applicant should contact Steve Benton or Csroli,ia Bellis in Raleigh, phone R (919) 733-2293, fur information. Proposal is in drat form, a consistency response is inappropriate. A Consistency Determination should be included in the final document. A C AivLk Permit or __ consistency response -has already been issued, or _ is currently being reviewed under separate circulation. Parmit/Consistency No. Date issued Proposal involves < 20 Acres or a structure < 60,000 Sq. Feet and no AEC's or Land Use Plan ' Problems. Proposal is not in the Coastal Area and rill have no significant impacts on Coastal Resources. ' Proposal is exempt from CA11yLA by statue _ Other (see attached) ' Consistoncy Position: _ The proposal is consistent with the NC Coastal ylanagement Program provided that all state authorization and/or permit requirements are met prior to implementation of the project. A Consistency position will be developed based on our review on or before ' - The proposal is inconsistent with the NC Coastal Management Program. Not Applicable Other (see attached) _JZ P.O. Sox 27687. Rclelgh. North Ccrolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 ' An Equol Opportunity AffirmJtiva Actlcn Employer &-I% recycled/ 10% post-conx-mar papor B-30 FEDERAL ENERGY REGULATORY COMMISSION ATLANTA REGIONAL OFFICE 3125 Presidential Parkway - Suite 300 Atlanta, Georgia 30340 DEC 17 1993 f, 1 1 DEC 2 0 1993 , G y D'VISICN OF ' HIGHWgyS N?RONIviE? P Mr. H. Franklin Vick, P.E. ' Manager, Planning and Environmental Branch Stat6 - cf N c r t 1 CaroI ina Department of Transportation , Division of Highways Post Office Box 25201 Raleigh, North Carolina 27611-5201 , Dear Mr. Vick: This acknowledges your letter dated November 16, 1993, ' soliciting comments on the proposed construction of the State Draft Environmental Impact Statement for U. S. Highway 17 in Bertie ' County, North Carolina. It appears that the improvements will not ' impact hydroelectric developments under the jurisdiction of the Federal Energy Regulatory Commission. Therefore, we have no ' comment. Very truly yours, , Robe Cris Director B-31 ' NDU E M O A. 1 2 Steve Benton) Co?AC. ?^a''?`'?""E117 -?`?¢ -Cl 1 • N OM: John Crew ' v DATE: 12 January 1994 SUBJECT, SCH94-0425 Highway Improvements from Windsor to Chowan River, Berrie County, North Carolina Please note the date on your memo (1-5-94) is the same date that comments are due, clearly not providing intended reviewers adequate time to comment. Nonetheless, this proposal involves improvements of US Hwy 17 from the Town of Windsor, through parts of Berrie County to the Chowan River and falls tinder the auspices of both the November 1992 CRC Certified Windsor Land Use Plan Update and the March 1991 CRC Certified Berrie County Land Use Plan Update. AEC's may be involved and regulatory staff should be consulted on these matters. The Windsor Plan offers the following guidance on proposals of this type: • The Town's policy on 404 wetlands (Page IV-1) is to support the Corps use standards. • The Town's policy on AEC's (Page IV-8) is to support the use standards for public trust waters. • The Town's policy on commitment to State and Federal programs (Page IV-13) is to support DOT's road and bridges improvement program. The land classification map (Page III-6) for the Town of Windsor shows most of the proposal within some subclass of the Developed land classification. (The Town's Developed class includes three subclasses: Developed Residential, Developed Commercial and Developed Manufacturing) all of these subclasses acknowledge urban land uses with the complete provision of urban services necessary to support that urban type development. My opinion is that if either of the proposals considered can be accomplished in accordance with applicable AEC and Corps 404 standards, the proposal would not be inconsistent with the spirit nor letter of the November 1992 CRC Certified Windsor Land Use Plan Update. B-32 MEMORANDUM SCH 94-0425 ' 12 January 1994 Page 2 The March 1991 Berrie County Land Use Plan Upditte offers the following on proposals of this type: • The. Transportation Section of the Bertic Plan (Page 18-19) notes that Hwy 17 is a major highway in eastern N.C. and is very important to the County and that is scheduled to be I widened beginning in 1994 with ROW acquisition and construction funding in 1996. • Bertie County's policy on AEC's (Page 28-29) is to support State use and preference ' standards for AEC's. • County policy on 404 wetlands is to support Corps regulations (Page 30). ' • County policy on Commitment to Providing Services (Page 35) is to "work with NC DOT to encourage a timely completion of scheduled highway improvements. Making ' four lanes of US 17 and 13 will provide excellent connections to other areas and provide a selling point for new development." ' • County policy on Commitment to State and Federal Programs, (Page 36) includes "Highway improvements, as stated earlier, are considered a major factor in ensuring the continued economic growth in the area. Berrie County will continue efforts to secure ' DOT funds to improve-the County's major and minor thoroughfares." • The County's Land Classification Map (Page 62) shows the proposal transecting the , Urban Transition, Developed, Rural, .Community and Conservation land classes. Highway improvements per se are not specifically mentioned in any of these classes, but ' narrative County policy on highway improvements cannot be ignored. My opinion is if this proposal can be accomplished in accordance with applicable State and I Federal environmental standards, the proposal would not be inconsistent with County policy. 1 B-33 ' Wes. ??^ ti i o ti? 1 ER-93/1013 February 8, 1994 Nicholas L. Graf, Division Administrator Federal Highway Administration 310 New Bern Avenue - Suite 410 Raleigh, North Carolina 27601 Dear Mr. Graf: FEB 1 4 1994 z 2 Dll/ISICN `?r_ cp HIGHWAYS F: ?y The Department of the Interior has reviewed the draft Environmental Impact Statement for US 17, Windsor to the Chowan River, Bertie County, NC. We have no comments to offer. Sincerely, James H. Lee Regiona Environmental Officer . H. Franklin Vick, P.E., Manager)_ Planning and Environmental Branch NC Division of Highways P. O. Box 25201 Raleigh, NC 27611 United States Department of the Interior OFFICE OF THE SECRETARY OFFICE OF ENVIRONMENTAL POLICY AND COMPLIANCE, Richard B. Russell Federal Building E 11.1 75 Spring Street, S.W. O Atlanta, Georgia 30303 B-34 US 17 APPENDIX C Revised SDEIS Exhibits NCDOT FONSI December 1994 -?- ? V) w z W w = a U) ~ ? w o Z z g W >>i ?¢ W D 00 0 v F- v p p Q N o Q J F-¢ I- W v v N w o C) W z 2 H F- w v -,- I o a ? O Q o F- O 00 E x x w oza U V) Z° C6 WU o I i w , LL J I j Q o w • z O L z o = 0 O L ED O LLil I I ?` U t L. - 3N13HOiVIN . ••••••••.: :?- ••• •••••• • •i.•? • •,•••' ? 1. '• • • ,•,• • • •t?••••• ill ••, •• L? ? 1..__.??.-__---?"_? 31 ••• •• O• • O •?•• ,•?• ,•' O Wa ? •'• "fir • ?' to. cc? • • •K• • • • • • • • N • ?•.••; 10 ' ' O• • • •V!,• o *o 3N13HDldW I •. :• •.•.: ., •.. •? .. oo. (;J i.• •• ••• .: .;..i? .• •. . . . ••• !f .oo l / .. ... .. .?;• n • ••• . J. i •• ?•? •• •, ,. ••.•• . • •i7j••'• ., •.,. . . • • • • ••• . 1` W o'' • 6' cc S JS ?-??./ •'••'?•• 4 of J N J 3 Li J. O • i Department of Environment, Health, and Natural Resources ? Protect located in 7th floor library Office of Legislative and Intergovernmerltal.Airairs Project Review Form Project Number: County: Date: Date Response Due (firm deadline): Z' I? t 03 ''11 This project is being reviewed as indicated below: ixu-{?? 6?j '? o`•?? Regional Office/Phone Regional Office Area In-House Review ? Asheville El Fayetteville ? Mooresville ? All RIO Areas Air Water ?IGroundwater ? Soil and Water Marine Fisheries oastal Management Water Planning • Water Resources Environmental Health Wildlife Solid Waste Management ? Raleigh and Quality Engineer Forest Resources ? Radiation Protection ? Recreational Consultant . ' Land Resources ? David Foster Washington ? Coastal Management Consultant Parks and Recreation ? Other (specify) Wilmington ? Others nvironmental Management Rece VED ? Winston-Salem pyyS Monica Swihart 1,1AY Q a 1995 ELI RooN;Al SC/ENC 11 Manager Sign-Off/Region: Date: In-House Reviewer/Agency: Response (check all applicable) Regional Office response to be compiled and completed by Regional Manager ? No objection to project as proposed ? No Comment ? Insufficient information to complete review ? Approve ? Permit(s) needed (permit files have been checked) ? Recommended for further development with recommendations for strengthening (comments attached) - ? Recommended for further development if specific & substantive changes incorporated by funding agency (comments attached/authority(ies) cited) In-House Reviewer complete individual response. ? Not recommended for further development for reasons stated in attached comments (authority(ies) cited) ?Applicant has been contacted ? Applicant has not been contacted ? Project Controversial (comments attached) ? Consistency Statement needed (comments attached) ? Consistency Statement not needed ? Full EIS must be required under the provisions of NEPA and SEPA ? Other (specify and attach comments) RETURN TO: Melba McGee Pstw Office of Legislative and Intergovernmental Affairs US 17 ?0 1?? PROJECT INFORMATION US 17 FROM SR 1503 TO WEST OF THE CHOWAN RIVER BERTIE COUNTY STATE PROJECT No. 6.019001T TIP No. R-2404BC 1. PROJECT DESCRIPTION The North Carolina Department of Transportation proposes to improve the existing two-lane section of US 17 east of Windsor in Bertie County, from SR 1503 to just west of the Chowan River. This improvement is included in the 1995-2001 North Carolina Transportation Improvement Program as a section of TIP Project No. R-2404. This project (R-2404BC) will involve widening approximately 6.8 miles of US 17; 4.3 miles to a four-lane divided facility and 2.5 miles, through Midway, to a five-lane undivided roadway. The project terminates approximately 3,000 feet west of the Chowan River. A DEIS (September 1993) was prepared for project R-2404 and circulated in December 1993. As a result of comments received on the document and at the public hearing held in February 1994, the project was split into A, B, & C components. A Supplemental DEIS and FEIS is being prepared for R-2404A, which will cover the portion of US 17 from Windsor to SR 1503 (Exhibit 1). The Supplemental DEIS will evaluate several "new"alternative corridors, including a southern bypass of Windsor suggested by the Wilmington COE. A FONSI is being prepared for R-2404BC that will address the potential impacts and/or involvement of this widening project with cultural resources, floodplains, natural resources - including wetlands and protected species, prime farmlands, existing land use, et al. (Note: Improvements to the segment of US 17 between the eastern terminus of R-2404BC and the Chowan River are addressed in federally-funded TIP Project No. R-2512.) 2. PURPOSE OF PROJECT US 17 is identified in Governor Hunt's Transportation 2001 plan as a "key economic development highway." This project will improve the safety and level of service on this section of US 17 by constructing additional travel lanes and improving the existing roadway alignment. The improved US 17 facility will provide no access control. The FONSI is being prepared in order to maintain TIP schedules and to expedite improvements to US 17 from SR 1503 to just west of the Chowan River. NCDOT PROJECT INFORMANON November 1994 J US 17 2 3. RECOMMENDED ALTERNATIVE Improving the existing US 17 facility has been selected as the recommended alternative for project R-240413C. The recommended alternative includes improving existing US 17 through Midway. The improve existing alternative at Midway was evaluated verses a northern bypass of Midway, and recommended based upon 1) less impact to the environment, 2) fewer relocations, and 3) generally favorable feedback from citizens during the public hearing process. Table 1 presents a summary of the potential impacts for the recommended alternative. The design criteria initially established by NCDOT to govern proposed improvements to the US 17 corridor, recommended that improvements along the existing alignment consist of the addition of two lanes and a 46-foot median. Based upon the magnitude of impacts this typical section would cause in Midway, the design criteria was relaxed in order to allow the consideration of a five-lane curb and gutter section at this location. These proposed improvements, including a four-lane divided roadway and a five-lane curb and gutter section at Midway, were described in the September 1993 DEIS for R- 2404. Beginning at SR 1503 and heading east, these recommended improvements include widening US 17 from an existing two-lane roadway to a four-lane divided roadway with a 46-foot median, four-foot paved shoulders (outside), two-foot paved shoulders (inside), and a proposed 225 feet (minimum) of right of way. Approximately one mile west of Midway, the improvements transition from the four-lane divided facility to a five-lane curb and gutter section. This five-lane undivided section includes 12-foot lanes, with two lanes in each direction and a center turn lane. East of NC 45, the five- lane section will include a 4-foot bike lane on each side. The five-lane curb and gutter section is located within the existing 100 feet of right of way. The five-lane section will extend east across Salmon Creek, where the existing bridge will be replaced. The five- lane section will transition back to a four-lane divided roadway approximately 1.5 miles east of Midway. The four-lane divided section continues to the eastern terminus of the project, approximately 3,000 feet east of the Chowan River. Total length of the US 17 widening improvements is 6.8 miles; 4.3 of four-lane divided and 2.5 miles of five-lane undivided through Midway. Right of way acquisition is scheduled to begin in Federal Fiscal Year (FFY) 1995, i.e., September 1995, with construction scheduled to begin in FFY 1996. The estimated construction cost of the project is $15,300,000. 4. SUMMARY OF EFFORTS TO AVOID WETLAND IMPACTS The proposed R-2404 improvements along existing US 17 will involve four "unavoidable" wetland sites. The wetland sites and estimated impacts are summarized on Table 2. With the exception of the Salmon Creek location, three of these sites (#'s 1, 2, and 4) involve the extension of existing drainage structures, in order to accommodate the proposed widening. The improvements at Salmon Creek described in the DEIS involved the replacement of the existing structure with dual structures to accommodate the proposed four-lane NCDOT PROJECT INFORMATION November 1994 a US 17 3 divided facility. Wetlands involvement at Salmon Creek, as further described in the DEIS, was estimated at 3.9 acres; with total wetlands involvement for this segment of US 17 estimated at 5.0 acres. A number of modifications have been made during preliminary roadway design in order to reduce the magnitude of wetland impacts at the Salmon Creek crossing. The most important change involves extending the five-lane section, originally proposed for Midway, eastward across Salmon Creek. This change has minimized the width of disturbance at the creek. Fill areas north of US 17 in support of the new bridge, will be contained within the existing right of way and are not anticipated to impact the wetland. The right of way will, however, be extended along the south side of US 17 in order to accommodate the phased installation of the bridge, necessary to maintain traffic during construction. The remaining wetland impacts at this location are attributed to the fill required in support of the new structure. The proposed five-lane section also encompasses wetland sites #'s 1 and 2, thereby minimizing disturbances associated with the extension of drainage structures at these locations. As a result, the wetland impacts originally estimated at 3.9 acres have been minimized, and are now estimated at 1.0 acre. Overall, wetland impacts for this project have been reduced from 5.0 acres to approximately 1.1 acres. NCDOT PROJECT INFORAM77ON November 1994 I•• C O V rN -I?: C A ?1 1: Y C V < ^ 1 ' o v 1 u r u o ? Y O I n v . O ? a ^ ) m A a 0 U I ti Lli U a A < 1 4 Z Y o - ° 1 - Q U m U N Z O I F= ? Z U O :D Z O U U n- W W fA-?0 m IL U) F- U W O cy- a. Z U W m ? U W O O Z W m 2 0 w ?v N w U- < U) Z O Ll.. U m ?- O N cy- W 0 O N O v- N c x A Q a" a ?= m_ S Cy X W LO N US 17 TABLE 1 SUMMARY OF POTENTIAL IMPACTS RECOMMENDED ALTERNATIVE--R-2404BC Recommended Alternative Total Affected Resource Improve Existing (R-240413C) • Relocations -Families 11 -Businesses 5 -Churches 0 • Parks/Recreational Areas None • Impacts to National Register Properties None • Major Hydrologic Crossings 5 • Floodplains (Acres) 3.4 • Floodway (Acres) 0 • Potential UST Sites Requiring Relocation 3 • Locations Exceeding Noise Abatement Criteria Levels -Residences 7 -Churches 0 • Wetlands (Acres) 1.1 • Prime Farmlands (P1 & P2) 33.7 (Acres) • Right of Way and Utility Relocation Costs $3,225,000 • Construction Costs $15,300,000 F 1ena1..F{.q\ro?kilu 1 Nari Va.d.b NCDOT PROJECT INFORAL477ON November 1994 n N d F U q 0 ?r N a Iz ?o tr U O? ?W 3 . E ? ± G :: y? U ?jU?j U U •? h a ° a ° aW 4° ? ? U U [°o ? 5 w •s a w u g 00 ? 9 a D o ? = n i. 6 ? bow au IL) ?? v C) V ?? OQ v ??u''" O[ WQ yQ v ??U Q vC `? A v r C ) 0. l N 'n ? GD Q U C •G •C N 'C a s c U a 0 O ° U= Ut C eyna = y0 E Z .S .S C7 V .5 G. v? ci z to G C t3 ?+ a oEQ p c p o C " O o 0 3 0 C O E r U t.. t7 8 u O W O ? U 3 M U H U a C O:b C 3 C o A6 o ti6? o a _ N o v>>N ?a? h cn? F U \v