19970116 Ver 1_Complete File_19970217

State of North Carolina
Department of Environment,
Health and Natural Resources • •
Division of Water Quality
James Hunt, Governor [D E
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
June 27, 1997
Mr. Franklin Vick
N.C. Department of Transportation
Planning and Environmental Branch
P.O. Box 25201
Raleigh, NC 27611-5201
Dear Mr. Vick,
Re: Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed US 17 Widening from 0.369 miles Southwest of SR 1563 to 0.16 miles
Northeast of SR 1561
WQC Project #970116, COE #199704475, TIP #R-2405C
Pender County
Attached hereto is a copy of Certification No. 3145 issued to N. C. Department of
Transportation dated June 26, 1997.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Howard, Jr. P.E.
Attachments
970116.wgc
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Mr. John Dorney
Mr. John Parker, Division of Coastal Management
Central Files
Division of Water Quality • Environmental Sciences Branch
Enviro. Sciences Branch. 4401 Reedv Creek Rd.. Raleigh. NC 27607 Teleohone 919-733-1786 FAX # [phone]
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401
Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Water Quality (DWQ) Regulations in 15 NCAC 2H, Section.0500 to N.C. Department of
Transportation resulting in 7.32 acres of wetland impact in Pender County pursuant to an
application filed on the 12th day of February, 1997 to widen US 17 from 0.369 miles Southwest
of SR 1563 to 0.16 miles Northeast of SR 1561.
The application provides adequate assurance that the discharge of fill material into the waters
of Virginia Creek in conjunction with the proposed development will not result in a violation of
applicable Water Quality Standards and discharge guidelines. Therefore, the State of North
Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302,
303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and
conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application,
as described in the Public Notice or as modified below. If you change your project, you must
notify us and you may be required to submit a revised application. If total wetland fills for this
project (now or in the future) exceed one acre, compensatory mitigation may be required as
described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to be valid, you must follow
the conditions listed below. In addition, you should get any other federal, state or local permits
before you go ahead with your project including (but not limited to) Sediment and Erosion
control, Coastal Stormwater, Non-discharge and Water Supply watershed regulations.
Condition(s) of Certification:
1. That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion Control
Planning and Design Manual" or the "North Carolina Surface Mining Manual" (available
from the Division of Land Resources in the DEHNR Regional or Central Offices) are
utilized to prevent exceedances of the appropriate turbidity water quality standard (50
NTUs) in all saltwater classes, and all lakes and reservoirs; and 10 NTUs in trout
waters);
2. All sediment and erosion control measures placed in wetlands or waters shall be removed
and the natural grade restored after the Division of Land Resources has released the
project;
3. If an environmental document is required, this Certification is not valid until a FONSI or
ROD is issued by the State Clearinghouse;
4. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
5. Should waste or borrow sites be located in wetlands, compensatory mitigation will be
required since it is a direct impact from road construction activities;
6. Compensatory mitigation shall be done in accordance with the Corps of Engineers
requirements. DWQ shall be copied on the approved ratio, location, size and method of
mitigation (restoration, enhancement, creation and preservation) within 30 days after the
404 is issued and annual reports for the entire length of the monitoring period. A
minimum of 1:1 restoration or recreation is required in accordance with 15A NCAC 2H
.0506(h)(6).

7. A total of 14.64 acres of wet pine savannah mitigation credits shall be debited from the
Haws Run mitigation bank in Onslow and Pender Counties as outlined in your 17 June
1997 letter.
8. The 1.83 acres of temporary wetland fill must be restored to the original elevation,
hydrologic regime, and vegetation following construction.
Violations of any condition herein set forth shall result in revocation of this Certification and
may result in criminal and/or civil penalties. This Certification shall become null and void unless
the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act
Permit. This Certification shall expire upon expiration of the 404 or CAMA permit.
If this Certification is unacceptable to you you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this Certification. This request must be
in the form of a written petition conforming to Chapter 150B of the North Carolina General
Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C.
27611-7447. If modifications are made to an original Certification, you have the right to an
adjudicatory hearing on the modifications upon written request within sixty (60) days following
receipt of the Certification. Unless such demands are made, this Certification shall be final and
binding.
This the 27th day of June, 1997
aP OF WA TER QUALITY
t n Howard, Jr. P.E.
WQC #3145
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
Colonel Terry R. Youngbluth
District Engineer
U.S. Army Corps of Engineers
Wilmington District
P.O. Box 1890
Wilmington, NC 28402-1890
,
June 24, 1997 IDEHNR
REFERENCE: ACTID-97-4475 NC Department of Transportation Tip No. R-2405-C
Widen Highway US 17 From SR 1563 to SR 1561, Pender County
Dear Colonel Youngbluth:
The State of North Carolina has reviewed the Public Notice dated March 13, 1997 for Corps
Project Number Action ID 199704475, application by the North Carolina Department of
Transportation to fill approximately 7 acres of wetlands for the widening of US 17 from SR 1563
to SR 1561, north of Hampstead in Pender County, NC. Based upon our review we have determined
that the proposed project is consistent with the North Carolina Coastal Management Program,
provided all state and local permits and authorizations are obtained and the conditions therein are
met. Such authorizations may include but are not limited to the following:
1. A 401 Water Quality Certification from the NC Division of Water Quality.
2. Approval of a Stormwater Management Plan by the NC Division of Water Quality.
3. Approval of a Sedimentation and Erosion Control Plan by the NC Division of Land
Resources.
Should either you or the Department of Transportation have any questions, please contact
Mr. Stephen B. Benton or Ms. Caroline J. Bellis, Division of Coastal Management, at (919)733-
2293. Thank you for your consideration of the North Carolina Coastal Management Program.
Sincerely,
0
Roger N. Schecter
P.O. Box 27687, FAX [phone] a
Raleigh, North Carolina 27611-7687 NvAWf C An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 TJ 50% recycled/ 10% post-consumer paper
RECEIVED
JUL 0 3 1997
ENVIRONWNr4L SCICN f;E9
cc: Scott McLendon, US Army Corps of Engineers Wilmington District
John Dorney, Division of Water Quality
Dan Sams, Division of Land Resources
Bob Stroud, Division of Coastal Management, Wilmington
f I- A-
;. 3
STATE OF NORTH CAROLINA
DEPARTMENT OF T ANSPORTATION
JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR.
GovERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 SECRETARY
February 12, 1997
U. S. Army Corps of Engineers
Regulatory Field Office
P. O. Box 1890
Wilmington, North Carolina 28402-1890
FEB 1 7 1)9/
ATTN.: Mr. Cliff Winefordner
Chief, South Section
Dear Sir:
RECENLO 1
Et?ti'l?OtJt?'?ENTAL SC;cNCES , ?? v ?
vi e
Subject: Pender County, US 17 from 0.369 miles Southwest of SR 1563 to
0.16 miles Northeast of SR 1561, State Project No. 6.27900 IT,
T.I.P. R-2405C.
The North Carolina Department of Transportation (NCDOT) proposes to widen and
improve US 17 from 0.369 miles southwest of SR 1563 to 0.16 miles northeast of
SR 1561 for a distance of 2.4 miles. The road will be widened to a four-lane divided rural
facility with 46-foot medians. The widening of US 17 has been underway since 1992. Each
section of the project has independent utility and permits have been obtained according to
the schedule for the letting of the construction contracts. This application is for Section C
of R-2405. In accordance with the request of the Corps of Engineers, this document also
provides background information about sections BA, BB, BC, D, and E.
DESIGN SCHEDULE
The schedule for the design and construction of the widening of US 17 has proceeded in
segments based on the letting of the construction contracts (Let Dates). The following
table describes the widening project work including a summary of impact on Waters of the
United States.

'.1 r-26
P"05A
SECTION LET DATE
Gap -5-4 " t
STATUS
WATERS* PERMIT
I L,&/6,
BA 12/97 In Design 0.84 ac total NW 26, 401
3.4 miles
BB 1/97 Availability <0.33 acres NW 26, 401
3.55 miles Date 3/3/97
BC 6/95 Complete waters, and NW 14, NW26,
1.99 miles 10/96 450 sq. ft. 401
U? /4o wetland
-4-ru f -t- i L.
C 7/97 Final Design 7.32 ac perm. Individual, 401
2.396 miles 1/83 ac temp.
D 1/97 Availability 1.9 ac total NW 26, DWQ
6.62 miles Date 3/3/97., 401 notify
E 9/92 Complete <0.33 ac total NW 26, 401
1.866 miles
TOTAL 10.71 ac perm.
1.83 ac temp.
* Jurisdictional Waters of the United States
NEPA DOCUMENT STATUS
A North Carolina State Environmental Assessment was submitted by the NCDOT in
compliance with the North Carolina Environmental Policy Act. The subject of the SEA
consisted of the widening of US 17 from Holly Ridge to Porters Neck Road and the
proposed connector between US 17 and I-40. The SEA was approved on June 14, 1994.
A State Finding of No Significant Impact (FONSI) for the section from Porters Neck
Road (SR 1402) to NC 50 at Holly Ridge was approved October 12, 1994. The section
from I-40 to Porters Neck Road will be addressed in a separate State Administrative
Action and is not the subject of this application. The SEA and FONSI described the need
for transportation improvements in the US 17 corridor which is the state's major north-
south transportation route east of 1-95. Copies of the SEA and FONSI have been provided
to regulatory review agencies involved in the approval process. Additional copies will be
provided upon request.
r r I ..
3
NATURAL RESOURCES
Wetlands: wetland delineations were conducted using the criteria specified in the 1987
Corps of Engineers Wetland Delineation Manual. The delineations for Section C were
verified in the field by Mr. Scott McLendon of the DOA Wilmington Regulatory Field
Office. The attached permit application package consists of drawings depicting permanent
and temporary wetland impacts in Section C. The temporary impacts result from
mechanized clearing and grubbing actions. The construction of Section C will result in
7.32 acres of permanent and 1.83 acres of temporary fill in jurisdictional wetlands, 8792
cubic yards of undercut in wetlands, and 395 cubic yards of fill below Ordinary High
Water (OHW). The fill below OHW is associated with the extension of the reinforced
concrete box culverts at Stations 975 + 48.62 and 878 + 43.73. There will be no fill in
surface waters. Sheet 49 of 52 provides site specific quantity breakdowns for the impacts.
Tile wetlands are located primarily between the abandoned railroad bed and the existing
road. Tile wetlands exhibit disturbed wet pine flatwoods vegetation (Schafale and
Weakley, 1990) dominated by pond pine (Phins serothta), loblolly pine (1'. laeckr) with an
understory ofhollies (11ex sp.), fetterbush (L-voltia hicicla), oaks (Quercus sp.), and wax
myrtle (Nlyrica cerif i-a).
Endangered Species: NCDOT biologists conducted surveys for rough-leaved loosestrife
(1.tSimuchici ci.s-1)e1-u1nefo1ia), American chaffseed (Sclnccilhea americana), and Cooley's
meadowrue (fhalicli-wn collcyi) on September 23, 1994 and no individuals were
observed. The SEA and FONSI both identified the need for a study of the red-cockaded
woodpecker (Picoides horecilis) for R-2405A, the I-40 - US 17 Connector. In the 1994
FONSI, the widening portion of the project, which includes R-2405C, was not identified
as specifically needing a RCW survey. However, since RCW colonies are now known to
exist on the Holly Shelter property adjacent to US 17, it was determined by NCDOT
biologists that a survey was needed to determine the status of the colonies. The survey
was performed on January 17, 1997. No colonies were found within the project right-of-
way. However, a known colony consisting of eight standing cavity trees, one fallen cavity
tree and one start tree was identified on Holly Shelter property within 0.5 miles of the
southern edge of the project. The NCDOT has contracted with Dr. J. H. Carter III and
Associates, Inc. of Southern Pines, NC to perform a Foraging Habitat Analysis of this
colony. Results of the analysis will be provided to the resource agencies when they are
available.
MITIGATION OPTIONS
Tile Corps of Engineers had adopted, through the Council on Environmental Quality
(CEQ), a wetland mitigation policy that embraces the concept of "no net loss of wetlands"
and sequencing. Tile purpose of this policy is to restore and maintain the chemical,
biological, and physical integrity of the Waters of the United States. Mitigation of wetland
and surface water impacts has been defined by the CEQ to include: avoiding impacts,
I I I
4
minimizing impacts, rectifying impacts, reducing impacts over time and compensating for
impacts (40 CFR 1503.20).: Executive Order 11990 (Protection of Wetlands) and
Department of Transportation Order 5660. IA (Preservation of the Nations Wetlands),
emphasize protection of the functions and values provided by wetlands. These directives
require that new construction in wetlands be avoided as much as possible, and that all
practicable measures are taken to minimize or mitigate impacts to wetlands.
The NCDOT is committed to incorporating all reasonable and practicable design features
to avoid and minimize wetland impacts, and to provide full compensatory mitigation of all
remaining wetland impacts. Avoidance measures were taken during the planning and
SEA/FONSI phases; minimization measures were incorporated as part of the project
design.
AVOIDANCE: Since the project is the widening of an existing highway the options for
avoiding impacts to wetlands are restricted. The NCDOT will use the existing abandoned
railroad corridor thus avoiding impacts to wetlands on the east side of the road. All
wetland areas not affected by the project will be protected from unnecessary
encroachment. No staging of construction equipment, or storage of construction supplies
will be allowed in wetlands or in surface waters.
MINIMIZATION: Minimization includes the examination of appropriate and practicable
steps to reduce the adverse impacts. Minimization techniques were implemented as
follows:
Medians: median widths were reduced to 46 feet which is the minimum
width recommended by the design standards.
2. Slopes: The Department of Transportation is committed to reducing
impacts to all wetlands to the greatest extent possible and to mitigating
unavoidable losses. Whenever possible we will use fill slopes of 2:1 in
wetlands. However, there are circumstances that will preclude the use of
2:1 slopes. The NCDOT Geotechnical studies indicate that due to the soils
stability in the project area, 3:1 slopes are the maximum that can be used.
The original design had slopes of 4:1 and 6:1 resulting in a 9.1 acre
wetland impact. The slopes were steepened to 3:1 as much as possible.
This action reduced the impacts by 20 percent. Current total wetland
impacts for R-2405C are 7.32 acres.
Strict enforcement of sedimentation and erosion control Best Management
Practices (BMP) for the protection of surface waters and wetlands.
4. Lateral ditching in wetlands has been eliminated to the extent possible.
Therefore, the hydrology of the wetland and contiguous land will be
disturbed as little as possible.
t ? J •
5
COMPENSATION: The primary emphasis of the mitigation is to reestablish a condition
similar to that which existed if the project were not built. As previously stated, mitigation
is limited to reasonable expenditures and practicable considerations related to highway
operation. Mitigation is generally accomplished through a combination of methods
designed to replace wetland functions and values lost as a result of construction of the
project. These methods consist of creation of new wetlands from uplands, borrow pits,
and other non-wetland areas; restoration of existing degraded wetlands, and enhancement
of existing wetlands.
All Compensatory Mitigation must be in compliance with 23 CFR Part 777.9, "Mitigation
of Impacts" that describes the actions that should be followed to qualify for Federal-aid
highway funding. This process is known as the FHWA "Step Down" procedures:
Consideration must be given to mitigation within the right-of-way and
should include the enhancement of existing wetlands and the creation of
new wetlands in the highway median, borrow pit areas, interchange areas
and along the roadside.
2. Where mitigation within the right-of--way does not fully offset wetland
losses, compensatory mitigation may be conducted outside the right-of-way
including enhancement, creation, and preservation.
Tile NCDOT has purchased a tract known as Haws Run for use as a wetland mitigation
site. Tile site is located within the same river basin as the proposed project, contains the
same vegetation type and supports a hydrological regime that, with manipulation, should
result in an extensive wet pine flatwoods community. The NCDOT proposes to use a
portion of the pine flatwood area as mitigation for the proposed project.
Haw's Run is a 600 acre site historically dominated by extensive swamp forest and pine
flatwood vegetation. It is located in the Cape Fear River Basin approximately 28 miles
northeast of the City of Wilmington and straddles the Pender-Onslow County border. Tile
site is approximately rectangular in shape, and straddles the divide between Sandy Run
Swamp Creek to the north and Shelter Swamp Creek to the south. The north and south
portions of the site are swamp forests associated with the two creeks. The interior portion
of the site (approximately 500 acres) was cleared and apparently grubbed between 1979
and 1983 for potential use as agricultural land and/or tree plantations. Prior to
disturbance, the interior of the site apparently consisted of a mosaic of pine flatwoods and
savanna. Aerial photographs of the site taken in 1949 indicate little disturbance; however,
photographs taken in 1966 show evidence of logging in the savannas, although the pine
flatwoods appear to be intact. At present, the area supports a diverse herbaceous
community dominated by grasses, sedges, and rushes. Scattered patches of woody shrubs
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and small trees occur throughout, with most concentrated in the northern half of this area.
The most common species are sweet gum, black gum (Nyssa.tiyh alica var. hiflc?ra), wax
myrtle (Alyrica cerifera), sweetbay (iVtagnolia virghficwa), and ti-ti (('yrilla racer iflora).
A Final Mitigation Plan for Haws Run is being completed and will be distributed to the
resource agencies as soon as possible.
REGULATORY APPROVALS
Application is hereby made for a Department of the y Individ al"404 Permit as
required for the above described activities. In addition, e lereby requesting a 401
,terQu lity Certification from the Division of Water Quality. We anticipate that an
individua action 401 Certification will apply to this project, and are providing seven
copies-of this application to the North Carolina Department of Environment, Health and
Natural Resources, Division of Water Quality, for their review.
Tile project is in a county that falls under the jurisdiction of the Division of Coastal
Management (DCNI). The DCM has reviewed the project and stated that the project
wetlands are not within their jurisdiction. Therefore, no CAMA permit is required.
If you have any questions or need additional information please call tils. Alice N. Gordon
at [phone] Ext. 307.
Sincere y,
H. Franklin Vick, P.E., Manager
Planning and Environmental Branch
HFV/plr
cc: w/attachment
Mr. Ernest Jahnke, Corps of Engineers, Asheville Field Office
Mr. John Hefner, USFWS, Raleigh
Mr. N. L. Graf, P.E., FHWA
Mr. John Dorney, NCDEHNR, Division of Water Quality
Mr. Kelly Barger, P.E. Program Development Branch
Mr. Don Morton, P.E., Highway Design Branch
Mr. A. L. Hankins, P.E., Hydraulics Unit
Mr. William J. Rogers, P.E., Structure Design Unit
Mr. Tom Shearin, P.E., Roadway Design Unit
Mr. D. A. Allsbrook, P.E., Division 5 Engineer
> APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT
(33 CFR 3251
OMB APPROVAL NO. 0710.003
Expires October 1996
Pubiic reporting burden for this collection of information is estimated to average 5 hours per response, including the time for reviewing instructions,
se^rching existing data sourcas, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send
- Ilncmts regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to
Dcoartment of Defense, Washington Headquarters Service Directorate of InformationOporations and Reports, 1215 Jefferson Davis Highway, Suite
1204, , .rlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC
20502. P19asa DO NO RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having
jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authority: 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, or affecting,
navigzbla waters of the United States, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged
material for the purpose of dumping it into ocean waters. Routine Uses: Information provided on this form will be used in evaluating the application
for a p^rmit. Disclosure: Disclosure of requested information is voluntary. If information is not provided, however, the permit application cannot be
processed nor can a permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that is not completed in full will be returned.
(ITEMS I THRU 4 TO BE FILLED BY THE CORPS)
1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED
(ITEMS BELOW TO BE FILLED BY APPLICAN71
5. APPLICANT'S NAME B. AUTHORIZED AGENT'S NAME AND TITLE /an agent is not required)
N. C. Dept. of Transportation
Pla nir and Envirawental Branch H. Franklin Vick, P.E., Manager
6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS
P. 0. Box 25201
Raleigh, NC 27611
7. APPLICANT'S PHONE NOS: W/AREA CODE 10. AGENT'S PHONE NOS. %V/AREA COOF
a. Residence a. Residence
b. Business [phone] b. Business
11. STATEMENT OF AUTHORIZATION
I hereby authorize, to act in my behalf as my agent in the processing of this, application and to
furnish, upon request, supplemental information in support of this permit application.
APPLICANT'S SIGNATURE DATE
NAME. LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (see instructions)
R-2405C, Widening of US 17 from 0.369 mile southwest of SR 1563 to 0.16 mile northeast of SR 1561
13. NAME OF WATERSODY, IF KNOWN (if app/iuG(er
various
15. LOCATION OF PROJECT
Pender
COUNTY
STATE
14. PROJECT STREET ADDRESS at epplicawe1
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, (seeinsrructionsr
See sheet 1 of 52.
17. DIRECTIONS TO THE SITE
NC
Fa= r( •:".1 1 i,h `'t Fi)i T!Q.N (1F S=P 111 1, OytiOLFTF. wrcconenC C7:77
i 3. f ztu.t of Activity (Lescriplion of pmiech include all leatures)
Widen US 17 to four-lane divided rural highway with 46 foot median.
19. Proj act Purpose rDescribe the reason or purpose or the project, see instructions)
Public Transportation
13SE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
Construction of highway
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
See attached drawings.
22. Surface Area in Acres of Wetlands or Other Waters Filled /see instructions)
7.32 acres permanent; 1.83 ages temporary
23. Is Any Portion of the Work Already Complete? Yes No X IF YES, DESCRIBE THE COMPLETED WORK
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here,
please attach a supplemental list).
See attached sheets 50-52 of 52.
25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER • DATE APPLIED DATE APPROVED DATE DENIED
'Would include but is not restricted to zoning, building and flood plain permits
26. Application jisreby made f r ormit o per s to authorize the work described in this application. 1 certify that the information in this
applica ' ate an rat I rth r ertify that I possess the authority to undertake the work described herein or am acting as the
duly uth nt of plic t
SIGNATURE OF APPLICANT D E SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or
fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both.
U.S.GPO:1994•520•478/82018
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SUMMARY OF WETLAND SITES
site # Station Permit
Type Fill In
Wetlands
(Acre) Undercut In
Wetlands
(Cu. yds.) Fill Below
OIIW '-
(cu. yds.) Temp.
Impact::
In
Wetlands
Acrc
1 867+90 IND. 404 3.15 3953.0 247.0 0.93
909+30

2 911+65 IND. 404 1.69 319.0 13.0 0.45
937+75

3 938+15 IND. 404 0.48 0 0 0.05
945+80

4 961+95 IND. 404 0.37 1425.0 21.0 0.06
964+70

5 967+80 IND.404 0.58 585.0 0 0.10
971+00

6 973+20 IND. 404 0.86 2510.0 114.0 0.22
980+20

7 988+05 IND. 404 0.19 0 0 0.02
989+10

TOTAL 7.32 8792.0 395.0 1.83
Revised 01/27/97
N.C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
PENDER COUNTY
PROJECT: 6.279001T, R-2405C
US 17 FROM 0.369 MILES
SOUTHWEST OF SR1563
TO 0.16 MALES NORTHEAST
OF SRI 561
SHEET 49 of 52.
PROPERTY OWNER
NAME AND ADDRESS
PARCLL NO. OWNER'S NAME ADDRESS
1 N. C. wildlife Resources Archdale Building
Commission 512 North Salisbury St.
Raleigh, NC 27604-1148
2 Sue A. Northrop Avery 302 Se,rues Dr.
Wilmington, NC 28403
3 Mary Catherine Northrop 302 Semmes Dr.
Wilmington, NC 28403
4 J. J. Smith P. O. Box 7
Hampstead, 1,1C 28443
5 P. H. Lanco P. O. Box 665
Hampstead, NC 28443
6 Sloop Point V.F.D., Inc. Rt. 1, Box 115A
Hampstead, NC 28443
7 Champion HomeOorrrulities, im- 5573 E. North St.
Dryden, MI 48428
8 James Godino c/o Tq- ail Plantaticn
1650 Weld_rness Rd.
W. Palm Beach FL 33409
9 Joseph Edward Gay 555 Hwy. 17 N.
Hampstead, NC 28443
10 R. W. Roberts, Jr. 480 Andrews Rd.
Hampstead, NC' 28443
11 Jack Kennedy 228 Lewis Ital.
Hampstead, NC 28443
12 Cardinal Acres, Inc. 562 Hwy. 17 N.
Hampstead, NC 28443
N. C'. DL:P'l'.OP TRANSPORTATION
DIVISION OF HIGHWAYS
PENDER COhN'1'1'
13IZ0JECT:0.27900rr (8-24050
US 17 FROM 0.3(0 MILES SW
OIL SR 1503 TO 0.16 MILL'S NE
OF SR1561.
SHEE'T' ?? O1-. icl?
.` 1
PROPERTY OWNER
NAME AND ADDRESS
PARCEL NO. OWNER'S NAME ADDRESS
13 J. J. Smith, Sr. Atlantic Seafood
Hampstead, NC 28443
14 Vera L. Shephard 277 I(wy. 17 N.
Hampstead, NC 28443
15 Thermon Spicer P. O. Dox 632
Hampstead, NC 28443
16 Theresa J. Jones c/o Joey Lrodize & A=, P
106 W. Gordon Street
Kinst-n, 11C
17 Alice M. Elliott 113 E. Ninth St.
Alton, IL 62202
lg Parmalee MC Clammy 190 Greemo;! Ave.
Hillside, tki 07112
19 Empie H. Sidbury 765 Hwy. 17 N.
Hampstead, NC 28443
20 James H. Faison, Sr. c/o James Faison, Jr.
P. O. Box 55
Rocky Point, NC 28457
21 Cora Mae Sidbury 825 11T-jy. 17 N.
Hampstead, NC 28443
22 Charles W. E. Stanley 27 Elisha Dr.
Wilmington, NC 28405
23 Anon Dixon Day, Sr. Rt. 6, Box 608
Dickson, TN 37055
24 Juel Stanley Hammett 27 Elisha Dr.
Wilmington, NC 28405
N. (3. DEP'C.OF 'TRANSPORTATION
DIVISION OF HIGHWAYS
i,ENDLR COUN'I'1'
PROJI'sC'I':6.27')OO1T (R-2405C)
US 17 I-RODI 0.5(i9 MILL'S SW
Ui- SIt 1565) '1'0 0.10 MILES NIi
OI1 SRIiG1.
SHEET 5'I OF 5'2
?,, ; At,
r NCDOT/PRE BRANCH Fax:[phone] Jun 17 '97 12:53 P.01
State of North Carolina
Department of Transportation
Divisiatl of IIigh-ways
P. O, Box 25201, Raleigh, N. C, 27611-S201
Planning and Environmental. Branch
Fax Cover Sheet
Date: 6117197
Number You .ire Calling: 733-9959.
Please deliver thefollowing S page(s) to:
Na,77e: _Cyndi Bell
Departm¢nt annUor Firm: 1NIC'DJVQ
Address or Room Number: _
This Telecopy is being sent hy:
Name: iAlice Gordon.- _
Phone Number: (9i LL-Z,3-44 Ex?,_307
Remarks: R-2405C 1-laws Run Mitigation arca. Mctes and Buunds. Thanks.
IF YOU DO NOT RECEIVE ALL PAGES CLEARLY, PLEASE CALL TIIL FA.
OPERATOR AT (919) 733-31.41 AS SOON AS POSSIBLE. ;
PLANNING AND ENVIRONMENTAL 13RANC1.1 FAY NUMBSR [phone]
r
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
)AmEs B. HuNT JR. DIVISION OF HIGHWAYS
GovERNOR P.O. BOX 2520L RALEIGH. N.C. 27611-5201
U. S. Army Corps of Engineers
Regulatory Field Officc
P. O. Box 1890
Wilmington, North Carolina 28402-1890
ATTN., Mr. Cliff Winefordner
Chief, South Section
Dear Sir:
June 17, 1997
GARLAND B. GARRM JR-
SECRETARY
Subject: gender County, US 17 from 0.369 miles Southwest of SR 1563 to 0.16 miles Northeast of
SR 1561, Statc Projcct No. 6.27900 tT, T.I.P. R-2f105C.
The North Carolina Department of Transportation proposes to widen and improve US 17 from 0.369 miles
southwest of SR 1563 to 0.16 miles northeast of SR 1561 for a distance of 2.4 miles. On Febrnary 7, 1997 an
Individual Permit Application was submitted to the Corps of Engineers under Section 404 and to the North
Carolina Division of Water Quality under Section 401 of the Federal Clean Water Act. This letter responds to a
request for additional information from Scott McLendon at a May 15, 1997 meeting.
The information consists of a map and table of coordinates, including metes and bounds, that depict a 14.64 acre
area of wct pine savannah restoration at the Haws Run Mitigation Site. This area is proposed to compensate for
unavoidable impacts to 7.32 acres of similar habitat from coir5tructiQu of the subject project.
We tnist this description of the restoration area is satisfactory. If you have any auestiono or need additional
information, please contact Mr. David Schiller at (919),733-7844, Extension 280.
Xlra?in Vick, P.E., Manager
Plmming and Environmental Branch
IITV/pl,r
cc: w/attacluncnt
Mr. Ernest Jahnlce, Corp,; of Engineers, Asheville Field Office
Mr. John Hefner, USFWS, Raleigh
Mr. N. L. Graf, P.E., FHWA
Mr. John Dorney, NCDFHNR, Division of Water Quality
Mr. Kelly Barger, P.E. Program Development Branch
Mr. Don Morton, P.E., Highway Design Branch
Mr. A. L. Hankins, P.E., Hydraulics Unit
Mr. William L.Rogers, P.E., Structure Des] M, Unit
Mr. Tout Shcarin, P.E., Roadway Design Unit
Mr. D. J. Bowers, P.E., Division 3 Engineer
0
f . I NCDOT/P&E BRANCH Fax:[phone]

Jun 17 '97 12:54
P. 03
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860 1720 3440
Scale: 1" = 1720'
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NC Grid
NAD 83
Restoration Area 2
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Mitigation Parcel for R-2+405C
a1
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Northern Portion of Haws Run Mitigation Site
Pender-Onslow Counties

%;1
• NCDOT/P&E BRANCH Fax : [phone] Jun 17 '97 12:55 P.05
8C pt on o Wetlan Mitigation Area or R-24
(US 17 from SR 1663 to SR 1661)
This ares is south of Restoration Area 2 of Haws Run Miti ation Site
Point Northing _ Ea_stin Bearin Distance
1 323487.37 2409291.88
- - 682.50
1 21 372866.03 2409574.26
065-33-36W 844.04
3 322516.81 2408805.86
N24-26-25W 824.69
4 3 3267.60 08464.65
4
.
_ N87-67-14 103.69
6 3 1.30 4 8668.27
N3t3-bi-25? 111.06
1
01 323380.'17 2408834.80
N7 -67-20E 168.28
7 323408.88 2408796.61
N64-17-54E 166.401
8 2408952.24
946-30-OBE 110.00
8 323346.26 2109030.83
N81-26-09F 297.23
1 323487.37 _
2409291.86
Note:
All dlstanoes In feet. Coorainwes based on With America ati Datum of 1903 (NAD$3).
STATE u
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR.
GovERNOR P.O. BOX 25201, RALEIGI I, N.C. 27611-5201 SECRETARY
May 15, 1997
Division of Water Quality
NC Dept. of Environment,
Health & Natural Resources+ 199
4401 Reedy Creek Road l
Raleigh, North Carolina 27607
ATTN: Mr. John Dorney
Dear Sir:
Subject: Pender County, US 17 from 0.369 miles Southwest of SR 1563 to
0.16 miles Northeast of SR 1561, State Project No. 6.279001T,
T.I.P. R-2405C. USCOE Action I.D. 199704475, WQC Project #970116.
The North Carolina Department of Transportation (NCDOT) proposes to widen US 17
from 0.369 miles southwest of SR 1563 to 0.16 miles northeast of SR 1561. On
February 12, 1997 we submitted an application for a Section 404 Permit to the Corps of
Engineers and a Section 401 to the Division of Water Quality. This letter responds to
comments in your letter dated April 15, 1997 and to comments received by e-mail on May
13, 1997.
1. We understand that the Haw's Run Final Mitigation Plan was received and that
the permit processing hold was removed on March 28, 1997.
2. Station 878: The existing channel is 360 feet in length including 30 feet in a
concrete pipe under the abandoned railroad bed. The new channel will be 320 feet in
length. The closest existing sinuosity is located approximately 60 feet upstream of the old
railroad bed culvert and outside the project limits. On-site the stream has one slight curve
and the relocated channel will mimic this configuration to the extent possible. The existing
stream has a 4 foot base (edge of water to edge of water), a base slope of 0.001-feet/foot
of stream, and side slopes ranging from 1:1 to approximately 5:1. The new channel will
have a 6 foot base, a base slope of 0.002-feet/foot of stream, and side slopes of 3:1 and
4:1. The new channel is sized to handle the expected run-off from the road and the stream
flows. The new channel will not be lined with rip-rap.
M.in
n
LJ
2
3. Blue Line Stream Status: The project is located on the Topsail 7.5 minute
USGS quadrangle. No blue line streams were observed to intersect with the project.
4. Virginia Creek: Based on our evaluation of the Topsail 7.5 minute USGS
quadrangle and the N.C. Department of Water and Air Resources Map of the Cape Fear
River Basin -2 (File No. 02-2), the headwaters of Virginia Creek are located north of the
proposed project.
If you have any questions or need additional information please call Ms. Alice N. Gordon
at [phone] Ext. 307.
Sincerely,
H. Franklin Vick, P.E., Manager
Planning and Environmental Branch
HFV/plr
cc: w/attachment
Mr. Ernest Jahnke, Corps of Engineers, Asheville Field Office
Mr. John Hefner, USFWS, Raleigh
Mr. N. L. Graf, P.E., FHWA
Mr. John Dorney, NCDEHNR, Division of Water Quality
Mr. D. A. Allsbrook, P.E., Division 5 Engineer
e 4 r
f
n ?` sty^tt o
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR.
GOVERNOR P.O. BOX 25201. RALEIGH. N.C. 27611-5201 SECRETARY
rtc?;vr-o
May 21, 1997
t;;lY G 1997
r i.CJ
United States Fish and Wildlife Service
Raleigh Field Office
P.O. Box 33726
Raleigh, North Carolina 27636-3726
ATTN.: Mr. John M. Hefner
Field Supervisor
Dear Sir:
Subject: Pender County, US 17 from 0.369 miles Southwest of SR 1563 to
0.16 miles Northeast of SR 1561, State Project No. 6.279001T,
T.I.P. R-2405C.
Tile North Carolina Department of Transportation (NCDOT) proposes to widen US 17
from 0.369 miles southwest of SR 1563 to 0.16 miles northeast of SR 1561. On
February 12, 1997 we submitted an application for a Section 404 Permit to the Corps of
Engineers and a Section 401 to the Division of Water Quality. The application identified
that we had contracted with Dr. J. H. Carter III and Associates, Inc. of Southern Pines,
NC to perform a Foraging Habitat Analysis for the red-cockaded woodpecker (Picoicles
borealis) and that the results of the analysis would be provided to the resource agencies.
In the enclosed report, it is stated that based on the results of the survey the proposed
widening of US 17 will have No Effect on the red-cockaded woodpecker. This letter is
being submitted by the NCDOT to request concurrence from the FWS in these findings
as they relate to Section 7 of the Endangered Species Act. Please provide a copy of your
conclusions to the U.S. Army Corps of Engineers (Wilmington District Regulatory Field
Office) so that the 404 permit process can be expedited.

2
If you have any questions or need additional information please call Ms. Alice N. Gordon
at [phone] Ext. 307.
Sincerely,
H. Franklin Vick, P.E., Manager
Planning and Environmental Branch
HFV/plr
cc: w/attachment
Mr. Ernest Jahnke, Corps of Engineers, Wilmington Field Office
Mr. Frank McBride, NCWRC, Raleigh
Mr. N. L. Graf, P.E., FHWA
Mr. John Dorney, NCDEHNR, Division of Water Quality
Mr. Jay A. Bissett, Jr., P.E., Planning and Environmental
RED-COCICADED `VOODPECICER ASSESSMENT
FOR US HIGHWAY 17 (R-2405C),
PENDER COUNTY, NORTH CAROLINA
Prepared By:
Ms. Janice Goodson and Dr. J.H. Carter III
Dr. J.H. Carter III and Associates, Inc.
Environmental Consultants
PO Box 891
Southern Pines, NC 28388
Submitted
1 May 1997
To
N.C. Department of Transportation
Planning and Environmental Branch
PO Box 25201
Raleigh, N.C. 27611-5201

RED-COCKADED WOODPECKER ASSESSMENT
FOR US HIGHWAY 17 (R-2405C),
PENDER COUNTY, NORTH CAROLINA
INTRODUCTION
The North Carolina Department of Transportation (NCDOT) proposes to widen and
improve US Highway 17 from NC Highway 50 at Holly Ridge to Porters Neck Road [State Road
(SR)1402]. The entire project is 20 miles long, and will be completed in segments. Segment R-
2405C is located north of the community of Annandale, Pender County, and involves the
widening of the existing highway from approximately 0.4 miles south of SR 1563 to
approximately 0.2 miles north of SR 1561, a distance of 2.4 miles.
Two red-cockaded woodpecker (Picoides borealjs) (RCW) clusters occur on the Holly
Shelter Gameland within 0.5 miles of the proposed project corridor. This assessment was
conducted to determine if a RCW foraging habitat analysis was necessary, pursuant to Section 7
of the Endangered Species Act, as amended.
PROJECT AREA
The project area is located in the Outer Coastal Plain of southeastern North Carolina
(Figure 1). The area has a nearly level topography, ranging in elevation from 50 to 75 feet above
mean sea level. Carolina Bays are prominent landscape features. Soils are generally sands,
sandy loams, loamy sands, and organic mucks, with the Nlurville-Croatan-Torhunta and Alpin-
Pactolus-Kureb series being most common.
Historically, the uplands were vegetated with longleaf pine (Pinus palustris) dominated
communities including Coastal Plain Xeric Sandhill Scrub and Mesic Pine Flatwoods. Both
were characterized by frequent fires, sparse to open understories, and a diverse herbaceous flora
dominated by Carolina wiregrass (Aristida stricta).
Wetland communities included Wet Pine Flatwoods, Pond Pine Woodlands, Pocosins
(Low and High), and Coastal Plain Small Stream Swamps. Wet Pine Flatwoods generally had
longleaf pine (Pinus palustris) canopies and sparse to dense shrub understories. Pond Pine
Woodlands and Pocosins occurred on poorly drained peat deposits or mineral soils, and had pond
pine (Pinus serotina) canopies and dense shrub understories. Coastal Plain Small Stream
HOLLY SHELTER
GAMELANDS ?? - • '
•? j~ 4 1771 L':a •?W.
End Project
WA yy?
710 171 / ••
J 2...?7s yfd? ? V?1 • t30
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.. Begin Project . _ " 1 '` Wmd?d. e •? `'"`"' rO7T
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ilia J JL `' _ (J ..
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s-
ject Area
Figure 1. Project area for the proposed widening of US Highway 17 from 0.4 miles southwest of State
Road 1563 to 0.2 miles northeast of State Road 1561, Pender County, North Carolina.
Swamps occurred along medium to small streams and were predominantly forested with swamp
black gum (Nyssa b j2ora), baldcypress (Taxodium distichum), and red maple (Acer rubrun:).
Frequent fires oil the uplands penetrated the edges of these communities creating distinct, diverse
ecotones.
With the exception of the Holly Shelter Gameland, much of the project area has been
converted from its natural state. Industrial forestry, agriculture, drainage, fire exclusion, and
commercial and residential developments have altered the natural landscape in much of the
county. Holly Shelter Gameland is a wildlife management area and supports large areas of
relatively undisturbed pine forests that are burned regularly.
PROJECT DESCRIPTION
Segment C of R-2405 involves the widening of US Highway 17 in Pender County from
approximately 0.4 miles south of SR 1563 to approximately 0.2 miles north of SR 1561, for a
distance of 2.4 miles (Figure 1). The existing 3-lane road will be widened to a 4-lane, divided,
rural facility with a 46 foot wide median.
METHODS
The activity status of all cavity trees in RCW Clusters #17, #17A, and 942 on the Holly
Shelter Gameland were determined by visual inspection 15 and 16 April 1997. Cavity trees were
mapped on black and white aerial photography (1 inch = 1000 feet).
Only suitable habitats adjacent to, and associated with, Clusters #17, #17A, and #42 were
examined while updating cavity tree activity. No formal RCW cavity tree surveys were
conducted. Suitable RCW habitat was defined as pine or pine-hardwood stands > 30 years of age
(Guidelines for preparation of biological assessments and evaluations for the red-cockaded
woodpecker, USFWS 1989). Active RCW cavity trees at Clusters #17 and #17A were watched
at roost time on the evening of 16 April 1997 to determine the number of RCWs present.
Cluster # 17 was determined to be within one-half mile of the proposed project by
measuring the distance between the center of the cavity tree distribution to the US Highway 17
project corridor. To determine if Cluster #17A would be affected by the proposed construction, a
one-half mile radius circle was drawn around the centers of Clusters #17 and #17A. The
Territorial Partitioning Method (Carter 1995) was used to determine individual cluster
boundaries. This method establishes an axis between the centers of adjacent clusters, and
extends a perpendicular line from the mid-point of that axis, out to the perimeter of the one-half
mile radius circle or another partition boundary.
Reconnaissance of the highway corridor for potential impacts of highway construction
was conducted on 17 April 1997. Project designs and aerial photography, together with on-the-
ground inspection, were used to determine the potential impacts of the proposed construction. At
the intersection of US Highway 17 and Lodge Road (Figure 2), the right-of-way (ROW) stakes
on the east and west sides of US Highway 17 were found and followed to determine the ROW
limits. The boundary of the one-half mile foraging habitat circle was determined on the ground
from aerial photography interpretation (Figure 2). The intersection of the ROW and the circle
boundary was determined and flagged on the ground.
RESULTS AND DISCUSSION
RCW Cluster # 17 is located on the Holly Shelter Gameland, approximately 0.25 miles
west of US Highway 17 and 0.10 miles south of Lodge Road (Figures 3 and 4). Ten previously
known cavity trees and 2 new cavity trees were found, including 4 inactive start trees, 1 active
start tree, 1 possibly active cavity tree, 2 inactive cavity trees, and 4 active cavity trees. An
evening check on 16 April 1997 revealed 3 to 4 RCWs at Cluster #17.
The center of RCW Cluster #17A is located approximately 800 feet west of the center of
Cluster #17 (Figure 3 and 4). Two trees with recently installed "insert" cavities and 1 dead
cavity tree (snapped at cavity) were found. The 2 insert cavities were active and 2 RCWs were
seen working resin wells on the trees. Two RCWs were seen again during an evening check on
16 April 1997.
Cluster #42 is approximately 0.75 miles from US Highway 17 and is beyond the area
potentially impacted by the proposed project (Figure 3). Four previously tagged cavity trees
were found, including 1 inactive start tree, 1 inactive cavity tree, and 2 active cavity trees. No
RCWs were seen or heard.
Territorial Partitioning was used to divide habitat between Clusters 417 and 917A. This
procedure resulted in the determination that only a minimal amount of the foraging area

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associated with Cluster #17 would be potentially affected by the proposed improvements to US
Highway 17 (Figure 4). Further review of project design plans, aerial photography, and on-the-
ground inspection determined that no suitable RCW habitat will be impacted by the project
(Figure 2). The area between the western ROW line and the existing road is mostly cleared, and
no pine trees > 30 years old, or larger than 10 inches diameter at breast height, will be cut for the
project. The ROW on the east side of the proposed project will be unchanged and no trees will
be impacted.
The use of Territorial Partitioning determined that Cluster #17A would have no foraging
habitat affected by the proposed construction, although the cluster is located within one-half mile
of the project corridor (Figure 3).
Because no RCW nesting or foraging habitat will be impacted by Project R-2405C, no
further analyses are required. This project as designed will have "no effect " on the RCW.
Biological Conclusion - No effect
CONCLUSIONS
Dr. J. H. Carter III and Associates, Inc. was contracted by NCDOT to determined if a
foraging habitat analyses were necessary for RCW clusters on the Holly Shelter Gameland in
Pender County from impacts of the proposed widening of US Highway 17 (R-2405C). After
review of design plans, aerial photography, and on-the-ground inspection, it was determined that
there would be no impacts to suitable RCW habitat, and no need to conduct further analyses.
n ?
a a STATt
t
STATE OF NORTH CAROLINA
DEPARTMENT OF T ANSPORTATION
JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETi' JR.
GOVERNOR P.O. BOX 25201. RALEIGH. N.C. 27611-5201 SECRETARY
May 21, 1997
United States Fish and Wildlife Service
Raleigh Field Office
P.O. Box 33726
Raleigh, North Carolina 27636-3726
ATTN.: Mr. John M. Hefner
Field Supervisor
Dear Sir:
Subject: Pender County, US 17 from 0.369 miles Southwest of SR 1563 to
0.16 miles Northeast of SR 1561, State Project No. 6.279001T,
T.I.P. R-2405C.
The North Carolina Department of Transportation (NCDOT) proposes to widen US 17
from 0.369 miles southwest of SR 1563 to 0.16 miles northeast of SR 1561. On
February 12, 1997 we submitted an application for a Section 404 Permit to the Corps of
Engineers and a Section 401 to the Division of Water Quality. The application identified
that we had contracted with Dr. J. H. Carter III and Associates, Inc. of Southern Pines,
NC to perform a Foraging Habitat Analysis for the red-cockaded woodpecker (Picoides
borealis) and that the results of the analysis would be provided to the resource agencies.
In the enclosed report, it is stated that based on the results of the survey the proposed
widening of US 17 will have No Effect on the red-cockaded woodpecker. This letter is
being submitted by the NCDOT to request concurrence from the FWS in these findings
as they relate to Section 7 of the Endangered Species Act. Please provide a copy of your
conclusions to the U.S. Army Corps of Engineers (Wilmington District Regulatory Field
Office) so that the 404 permit process can be expedited.

I t T
2
If you have any questions or need additional information please call Ms. Alice N. Gordon
at [phone] Ext. 307.
Sincerely,
H. Franklin Vick, P.E., Manager
Planning and Environmental Branch
HFV/plr
cc: w/attachment
Mr. Ernest Jahnke, Corps of Engineers, Wilmington Field Office
Mr. Frank McBride, NCWRC, Raleigh
Mr. N. L. Graf, P.E., FHWA
Mr. John Domey, NCDEHNR, Division of Water Quality
Mr. Jay A. Bissett, Jr., P.E., Planning and Environmental
RED-COCKADED WOODPECKER ASSESSMENT
FOR US HIGHWAY 17 (R-2405C),
PENDER COUNTY, NORTH CAROLINA
Prepared By:
Ms. Janice Goodson and Dr. J.H. Carter III
Dr. J.H. Carter III and Associates, Inc.
Environmental Consultants
PO Box 891
Southern Pines, NC 28388
Submitted
1 May 1997
To
N.C. Department of Transportation
Planning and Environmental Branch
PO Box 25201
Raleigh, N.C. 27611-5201

RED-COCKADED WOODPECKER ASSESSMENT
FOR US HIGHWAY 17 (R-2405C),
PENDER COUNTY, NORTH CAROLINA
INTRODUCTION
The North Carolina Department of Transportation (NCDOT) proposes to widen and
improve US Highway 17 from NC Highway 50 at Holly Ridge to Porters Neck Road (State Road
(SR)1402]. The entire project is 20 miles long, and will be completed in segments. Segment R-
2405C is located north of the community of Annandale, Pender County, and involves the
widening of the existing highway from approximately 0.4 miles south of SR 1563 to
approximately 0.2 miles north of SR 1561, a distance of 2.4 miles.
Two red-cockaded woodpecker (Picoides borealjs) (RCW) clusters occur on the Holly
Shelter Gameland within 0.5 miles of the proposed project corridor. This assessment was
conducted to determine if a RCW foraging habitat analysis was necessary, pursuant to Section 7
of the Endangered Species Act, as amended.
PROJECT AREA
The project area is located in the Outer Coastal Plain of southeastern North Carolina
(Figure 1). The area has a nearly level topography, ranging in elevation from 50 to 75 feet above
mean sea level. Carolina Bays are prominent landscape features. Soils are generally sands,
sandy loams, loamy sands, and ofganic mucks, with the Nlurville-Croatan-Torhunta and Alpin-
Pactolus-Kureb series being most common.
Historically, the uplands were vegetated with longleaf pine (Pinus palustris) dominated
communities including Coastal Plain Xeric Sandhill Scrub and Mesic Pine Flatwoods. Both
were characterized by frequent fires, sparse to open understories, and a diverse herbaceous flora
dominated by Carolina wiregrass (Aristida stricta).
Wetland communities included Wet Pine Flatwoods, Pond Pine Woodlands, Pocosins
(Low and High), and Coastal Plain Small Stream Swamps. Wet Pine Flatwoods generally had
longleaf pine (Pinus palustris) canopies and sparse to dense shrub understories. Pond Pine
Woodlands and Pocosins occurred on poorly drained peat deposits or mineral soils, and had pond
pine (Pinits serotina) canopies and dense shrub understories. Coastal Plain Small Stream
J {? A
HOLLY SHELTER
GAMELANDS ?,.? ?,
End Project .?LU
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tic
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Begin Project w•rrer r,
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eject Area
Figure 1. Project area for the proposed widening of US Highway 17 from 0.4 miles southwest of State
Road 1563 to 0.2 miles northeast of State Road 1561, Pender County, North Carolina.
Swamps occurred along medium to small streams and were predominantly forested with swamp
black gum (Nyssa biflora), baldcypress (Taxodium distichum), and red maple (Acer rubrum).
Frequent fires on the uplands penetrated the edges of these communities creating distinct, diverse
ecotones.
With the exception of the Holly Shelter Gameland, much of the project area has been
converted from its natural state. Industrial forestry, agriculture, drainage, fire exclusion, and
commercial and residential developments have altered the natural landscape in much of the
county. Holly Shelter Gameland is a wildlife management area and supports large areas of
relatively undisturbed pine forests that are burned regularly.
PROJECT DESCRIPTION
Segment C of R-2405 involves the widening of US Highway 17 in Pender County from
approximately 0.4 miles south of SR 1563 to approximately 0.2 miles north of SR 1561, for a
distance of 2.4 miles (Figure 1). The existing 3-lane road will be widened to a 4-lane, divided,
rural facility with a 46 foot wide median.
METHODS
The activity status of all cavity trees in RCW Clusters #17, #17A, and 1142 on the Holly
Shelter Gameland were determined by visual inspection 15 and 16 April 1997. Cavity trees were
mapped on black and white aerial photography (1 inch = 1000 feet).
Only suitable habitats adjacent to, and associated with, Clusters #17, #17A, and 442 were
examined while updating cavity tree activity. No formal RCW cavity tree surveys were
conducted. Suitable RCW habitat was defined as pine or pine-hardwood stands > 30 years of age
(Guidelines for preparation of biological assessments and evaluations for the red-cockaded
woodpecker, USFWS 1939). Active RCW cavity trees at Clusters #17 and #17A were watched
at roost time on the evening of 16 April 1997 to determine the number of RCWs present.
Cluster # 17 was determined to be within one-half mile of the proposed project by
measuring the distance between the center of the cavity tree distribution to the US Highway 17
project corridor. To determine if Cluster #17A would be affected by the proposed construction, a
one-half mile radius circle was drawn around the centers of Clusters #17 and #I 7A. The
Territorial Partitioning Method (Carter 1995) was used to determine individual cluster
boundaries. This method establishes an axis between the centers of adjacent clusters, and
extends a perpendicular line from the mid-point of that axis, out to the perimeter of the one-half
mile radius circle or another partition boundary.
Reconnaissance of the highway corridor for potential impacts of highway construction
was conducted on 17 April 1997. Project designs and aerial photography, together with on-the-
ground inspection, were used to determine the potential impacts of the proposed construction. At
the intersection of US Highway 17 and Lodge Road (Figure 2), the right-of-way (ROW) stakes
on the east and west sides of US Highway 17 were found and followed to determine the ROW
limits. The boundary of the one-half mile foraging habitat circle was determined on the ground
from aerial photography interpretation (Figure 2). The intersection of the ROW and the circle
boundary was determined and flagged on the ground.
RESULTS AND DISCUSSION
RCW Cluster #17 is located on the Holly Shelter Gameland, approximately 0.25 miles
west of US Highway 17 and 0.10 miles south of Lodge Road (Figures 3 and 4). Ten previously
known cavity trees and 2 new cavity trees were found, including 4 inactive start trees, 1 active
start tree, 1 possibly active cavity tree, 2 inactive cavity trees, and 4 active cavity trees. An
evening check on 16 April 1997 revealed 3 to 4 RCWs at Cluster #17.
The center of RCW Cluster ##17A is located approximately 800 feet west of the center of
Cluster #17 (Figure 3 and 4). Two trees with recently installed "insert" cavities and 1 dead
cavity tree (snapped at cavity) were found. The 2 insert cavities were active and 2 RCWs were
seen working resin wells on the trees. Two RCWs were seen again during an evening check on
16 April 1997.
. Cluster 442 is approximately 0.75 miles from US Highway 17 and is beyond the area
potentially impacted by the proposed project (Figure 3). Four previously tagged cavity trees
were found, including 1 inactive start tree, 1 inactive cavity tree, and 2 active cavity trees. No
RCWs were seen or heard.
Territorial Partitioning was used to divide habitat between Clusters #17 and 917A. This
procedure resulted in the determination that only a minimal amount of the foraging area
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associated with Cluster #17 would be potentially affected by the proposed improvements to US
Highway 17 (Figure 4). Further review of project design plans, aerial photography, and on-the-
ground inspection determined that no suitable RCW habitat will be impacted by the project
(Figure 2). The area between the western ROW line and the existing road is mostly cleared, and
no pine trees > 30 years old, or larger than 10 inches diameter at breast height, will be cut for the
project. The ROW on the east side of the proposed project will be unchanged and no trees will
be impacted.
The use of Territorial Partitioning determined that Cluster #17A would have no foraging
habitat affected by the proposed construction, although the cluster is located within one-half mile
of the project corridor (Figure 3).
Because no RCW nesting or foraging habitat will be impacted by Project R-2405C, no
further analyses are required. This project as designed will have "no effect " on the RCW.
Biological Conclusion - No effect
CONCLUSIONS
Dr. J. H. Carter III and Associates, Inc. was contracted by NCDOT to determined if a
foraging habitat analyses were necessary for RCW clusters on the Holly Shelter Gameland in
Pender County from impacts of the proposed widening of US Highway 17 (R-2405C). After
review of design plans, aerial photography, and on-the-ground inspection, it was determined that
there would be no impacts to suitable RCW habitat, and no need to conduct further analyses.
Alice Gordon,5/14/97 8:26 PM,R-2405C US 17, Pender County 1
Date Wed, 14 May 1997 16:26:05 -0400
From: Alice Gordon <[e-mail]>
To: [e-mail]
Cc: [e-mail]
Subject: R-2405C US 17, Ponder County
Mime-Version: 1.0
Attached is my response to your questions from your E-Mail and an
acknowledgment of the April 15 letter from DWQ. Letter is being final
typed (Ihad some misspellings) and will be signed by David or Frank.
Anyway wanted you to have it before tomorrows meeting. Let me know
if there are any other questions.
For the Ponder County Manager and Virginia Creek headwaters - the
impacts on these headwaters will occur on R-2405D. Construction has
not started. They plan to finish the work in wetlands and Waters of the
US before December 1998 so the existing 11426 and 401 will still apply. I
really don't think that the road will fill any of the stream associated with
Virginia Creek -- maybe culvert extensions but not filling.
I wish I were still in Bermuda!
Attachment converted: Hard Disk:DWQ_RESP.DOC (WDBN/MSWD) (000038F3)
Printed for [e-mail] (Cyndi Bell) 1
srnrZ n
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMEs B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR.
GOVERNOR P.O. BOX 25201. RALEIGH. N.C. 27611-5201 SECRETARY
May 15, 1997
Division of Water Quality
NC Dept. of Environment,
Health & Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
ATTN: Mr. John Dorney ;
Dear Sir:
Subject: Pender County, US 17 from 0.369 miles Southwest of SR 1563 to
'0.16 miles Northeast of SR 1561, State Project No. 6.279001T,
T.I.P. R-2405C. USCOE Action I.D. 199704475; WQC Project 9970116.
Tile North Carolina Department of Transportation (NCDOT) proposes to widen US 17
from 0.369 miles southwest of SR 1563 to 0.16 miles northeast of SR 1561. On
February 12, 1997 we submitted an application for a Section 404 Permit to the Corps of
Engineers and a Section 401 to the Division of Water Quality. This letter responds to
comments in your letter dated April 15, 1997 and to comments received by e-mail on May
13, 1997.
1. We understand that the Haw's Run Final Mitigation Plan was received and that
the permit processing hold was removed on March 28, 1997.
2. Station 878: The existing channel is 360 feet in length including 30 feet in a
concrete pipe under the abandoned railroad bed. The new channel will be 320 feet in
length. Tile closest existing sinuosity is located approximately 60 feet upstream of the old
railroad bed culvert and outside the project limits. On-site the stream has one slight curve
and the relocated channel will mimic this configuration to the extent possible. The existing
stream has a 4 foot base (edge of water to edge of water), a base slope of 0.001-feet/foot
of stream, and side slopes ranging from 1:1 to approximately 5:1. Tile new channel will
have a 6 foot base, a base slope of 0.002-feet/foot of stream, and side slopes of 3:1 and
4:1. The new channel is sized to handle the expected run-off from the road and the stream
flows. The new channel will not be lined with rip-rap.

2
3. Blue Line Stream Status: The project is located on the Topsail 7.5 minute
USGS quadrangle. No blue line streams were observed to intersect with the project.
4. Virginia Creek: Based on our evaluation of the Topsail 7.5 minute USGS
quadrangle and the N.C. Department of Water and Air Resources Map of the Cape Fear
River Basin -2 (File No. 02-2), the headwaters of Virginia Creek are located north of the
proposed project.
If you have any questions or need additional information please call Ms. Alice N. Gordon
at [phone] Est. 307.
Sincerely,
H. Franklin Vick, P.E., Manager
Planning"and Environmental Branch
HFV/plr
cc: w/attachment
ti 1r. Ernest Jahnke, Corps of Engineers, Asheville Field Office
Mr. John Hefner, USFWS, Raleigh
Mr. N. L. Graf, P.E., FHWA
Mr. John Dorney, NCDEHNR, Division of Water Quality
Mr. D. A. Allsbrook, P.E., Division 5 Engineer

.1
NCDOT/P&E BRANCH Fax : [phone] May 27 '97 14:38 P.02
,fit °^a
r
1
STATE OF NORTH CAROLINA
DEPAUN ENT OF TkANSPOR'ATION
JAMES B. HUNT )R DIVISION OF HIGHWAYS GARLAND B. GARRm Jn.
GOVErwOa P.O. BOX =01. RALEIGH. N.C. 27611-5201 SECRfiTAW
May 15,1997
Division of Water Quality
NC Dept. of Environment,
Health & Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
ATTN: Mr. John Dorncy
Dear Sir:
Subject: r, ?Pender County, US 17 from 0.369 miles Southwest of SR 1563 to
0.16 miles Northeast of SR 1561, State Project No. 6.279001T,
T.Z.P. R-2405C. USCOE Action I.D. 199704475; WQC Project #970116.
The North Carolina Department of Transportation (NCDOT) proposes to widen US 17
from 0.369 miles southwest of SR 1563 to 0.16 miles northeast of SR 1561. On
February 12, 1997 we submitted an applicatior! for a Section 404 Permit to the Corps of
Engineers and a Section 401 to the Division of Water Quality. This letter responds to
comments in your letter dated April 15, 1997 and to comments received by e-mail on May
13, 1997.
1. We understand that the Haw's Run Final Mitigation Plan was received and that
the permit processing hold was removed on M3rAd?28, 1997.
\ `I ea- A,0`1 _a'Ej 199-7 1 I 1
2. Station 878: The existing channel i5 360 feet in length including 30 feet in a
concrete pipe under the abandoned railroad bed. The new channel will be 320 feet in
length. The closest existing sinuosity is located approximately 60 feet upstream of the old
railroad bed culvert and outside the project limits. On-site the stream has one slight curve
and the relocated channel will mimic this configuration to the extent possible. The existing
stream has a 4 foot base (edge of water to edge of water), a base slope of 0,001-feet/foot
of stream, and side slopes ranging from 1:1 to approximately 5:1. The now channel will
have a 6 foot ba5c, a base slope of 0.002-fectlfoot of stream, and side slopes of 3:1 and
4:1. The new channel is sized to handle the expected run-off from the road and the stream
flows. The new channel will not be lined with np-rap.
e
NCDOT/P&E BRANCH Fax:[phone] May 27 '97 1438 P.03
2'
3. Blue Line Stream Status: The project is located on the Topsail 7.5 minute
USGS quadrangle. No blue line streams were observed to intersect with the project.
4. Virginia Creek: Based on our evaluation of the Topsail 7.5 minute USGS
quadrangle and the N.C. Department of Water and Air Resources Map of the Cape Fear
River Basin -2 (File No. 02-2), the headwaters Hof Virginia Creek are located north of the
proposed project.
If you have any questions or need additional information please call Ms. Alice N. Gordon
at [phone] Ext. 307.
Sincerely,
%
1
1-1. Franklin Vick, P.E., Managcr
Planning and Environmental Branch
HFV/pir
cc. w/attaPlu-uent
Mr. Ernest Jahnke, Corps of Engineers; Asheville Field Office
Mr. John Hefner, USTWS, Raleigh ,
Mx. N. L. Graf, P.E_, FHWA
Mr. John Dorney, NCDEHNR, Division of Water Quality
Mr. D_ A. Allsbrook, P.E., Division 5 Engineer

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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199704475 March 13, 1997
PUBLIC NOTICE
The NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (NCDOT),
C/O MR. H. FRANKLIN VICK, Post Office Box 25201, Raleigh, North Carolina,
27611-5201, has applied for a Department of the Army (DA) Permit to PLACE FILL
MATERIAL IN APPROXIMATELY 7 ACRES OF WETLANDS ABOVE THE HEADWATERS OF VIRGINIA
CREEK TO WIDEN US HIGHWAY 17 FROM SR 1563 TO SR 1561, PENDER COUNTY, NORTH
CAROLINA.
The following description of the work is taken from data provided by the
applicant and from observations made during a site visit by a representative
of the Corps of Engineers.
HISTORY:
A North Carolina State Environmental Assessment (SEA) was submitted by
NCDOT in compliance with the North Carolina Environmental Policy Act. The
subject of the SEA consisted of the widening of US Highway 17 from Holly Ridge
to Porters Neck and the proposed connector between US 17 and I-40. The SEA
was approved on June 14, 1994. A State Finding of No Significant Impact
(FONSI) for the section from Porters Neck Road (SR 1402) to NC 50 at Holly
Ridge was approved on October 12, 1994. The section from I-40 to Porters Neck
Road will be addressed in a separate State Administrative Action and is not
the subject of this application. The SEA and FONSI described the need for
transportation improvements in the US 17 corridor which is North Carolina's
major north-south transportation route east of I-95. Copies of the SEA and
FONSI have been provided to the regulatory review agencies involved in the
approval process. The project described in this public notice is one segment,
(out of 6 segments) of the overall proposal described in the SEA to widen US
17 from Porters Neck to Holly Ridge.
PROPOSED PROJECT:
NCDOT proposes to widen US Highway 17 from 0.369 miles south of SR 1563
to 0.16 miles north SR 1561 from a two-lane to four-lane median divided
facility (TIP R-2405C). The proposed median width is 46 feet and the proposed
facility will have grassed shoulder sections. Side slopes have been reduced
as much as possible, however, NCDOT has stated that 3:1 slopes are the maximum
that can be constructed on this project due to soil limitations. NCDOT has
also stated that lateral ditching has been eliminated to the extent possible
to minimize impacts on adjacent wetlands.
Project area wetlands are confined mostly to an area between the existing
highway facility and an abandoned railroad right-of-way. As such, most
wetland areas have been altered by modifications to hydrology and/or
vegetation. Historically, these areas were most similar to wet pine flatwoods
as described in "The Classification of the Natural Communities of North
Carolina", by Michael P. Schafale and Alan S. Weakly, NC Natural Heritage
Program, Division of Parks and Recreation, NC Department of Environment,
Health, and Natural Resources, 1990. Vegetation consists primarily of pond
pine (Pinus serotina), loblolly pine (P. taeda), red maple (Acer rubrum), and
various species of evergreen shrubs including fetterbush (Leonia lucida), and
t
wax myrtle (Mvrica cerifera). Typical hydric soils in the project area include
Leon fine sand and Murville muck.
Although most impacts are to interstream flatwood areas lacking defined
perennial or intermittent stream flow, the project will cross two unnamed
tributaries that will require the extension of two existing concrete box
culverts. Approximately 250 feet of the tributary at ST 878 + 44 will be re-
routed into a trapezoidal channel as part of the project. However, it should
be noted that this tributary currently flows through a typical road-side ditch
before crossing under the highway through the existing box culvert.
NCDOT is proposing to utilize a portion of the Haws Run mitigation site
to compensate for the unavoidable wetland impacts associated with this project
(Attachment A). Haws Run is approximately 600 acres and is located between
Sandy Run Swamp and Shelter Creek Swamp and straddles the Pender/Onslow County
line. The site is located in the Cape Fear River Drainage Basin. A final
mitigation plan for this site has not been reviewed and approved by the
District Engineer.
The purpose of the work is to up-grade a portion of US Highway 17 from
two to four lanes. The work described in this public notice is part of an
overall goal to widen US Highway 17 to four lanes from South Carolina to
Virginia. Plans showing the work may be reviewed in the Wilmington Regulatory
Field Office, 69 Darlington Ave., Wilmington, North Carolina.
The applicant has determined that the proposed work is consistent with
the North Carolina Coastal Zone Management Plan and has submitted this
determination to the North Carolina Division of Coastal Management (NCDCM) for
their review and concurrence. This proposal shall be reviewed for the
applicability of other actions by North Carolina agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of
the Clean Water Act by the North Carolina Division of Water Quality (NCDWQ).
b. The issuance of a permit to dredge and/or fill under North Carolina
General Statute 113-229 by the North Carolina Division of Coastal Management
(NCDCM).
C. The issuance of a permit under the North Carolina Coastal Area
Management Act (LAMA) by the North Carolina Division of Coastal Management
(NCDCM) or their delegates.
d. The issuance of an easement to fill or otherwise occupy State-owned
submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11,
and 146-12 by the North Carolina Department of Administration (NCDA) and the
North Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the Land
Quality Section, North Carolina Division of Land Resources (NCDLR), pursuant
to the State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-
66).
The requested Department of the Army (DA) permit will be denied if any
required State or local authorization and/or certification is denied. No DA
permit will be issued until a State coordinated viewpoint is received and
reviewed by this agency. Recipients of this notice are encouraged to furnish
comments on factors of concern represented by the above agencies directly to
the respective agency, with a copy furnished to the Corps of Engineers.
2
t
This application is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the
comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this site is not registered property or property listed as being eligible for
inclusion in the Register. Consultation of the National Register constitutes
the extent of cultural resource investigations by the District Engineer, and
he is otherwise unaware of the presence of such resources. Presently, unknown
archeological, scientific, prehistorical, or historical data may be lost or
destroyed by work under the requested permit.
According to the application, an active red-cockaded woodpecker (Picoides
borealis) colony is located within 0.5 mile of the proposed project. NCDOT is
currently conducting a foraging habitat analysis to determine if the proposed
project will have an impact on this species.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment (EA) and/or an Environmental
3

Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and
to determine the overall public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA)
permit will not be made until the North Carolina Division of Water Quality
(NCDWQ) issues, denies, or waives State certification required by Section 401
of the Clean Water Act. The NCDWQ considers whether or not the proposed
activity will comply with Sections 301, 302, 306, and 307 of the Clean Water
Act. The application and this public notice for the Department of the Army
(DA) permit serves as application to the NCDWQ for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Water Quality (NCDWQ), Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
All persons desiring to make comments regarding the application for Clean
Water Act certification shouted do so in writing delivered to the North
Carolina Division of Water Quality (NCDWQ), 4401 Reedy Creek Road, Raleigh,
North Carolina 27611-7687, on or before Friday April 4, 1997, Attention:
Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Scott McLendon, until 4:15 p.m.,
Friday, April 11, 1997.
4
Attachment A
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PENDER COUNTY
NORTH CAROLINA
N. C. DGPT.OF TRANSPORTATION
DIVISION OF HIGHWAYS
PONDER COUNTY
PROJECT: 6.279001T, R-2406C
US 17 FROM 0.369 MILES
SOUTHWEST OF SR1563
TO 0.16 NfILES NORTHEAST
OF SR1561.
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
Ja mes B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
April 17, 1997
John Bauer
Pender County Manager
Office of County Commissioners
P.O. Box 5
Burgaw, North Carolina, 28425
1:3 EHNR
Re: NCDOT Permit Application for Widening of US 17 from SR 1563 to SR 1561
in Pender County; State Project No 6.279001T, T.I.P. No. R-2405C,
DOA Action ID 199704475, DWQ ID. 970116
Dear Mr. Bauer
The Division of Water Quality received NCDOT's joint 404/401 application for the
referenced project on February 17, 1997. This segment of US 17 is part of a
larger project involving widening and/or relocation of US 17 from SR 1402 to
NC 50. This application will be processed separately by the Division of Water
Quality, although wetland mitigation requirements for this portion of the
project and future segments will be met at the same (Haws Run) mitigation
site.
NCDOT submitted an Environmental Assessment and Finding of No Significant
Impact for the entire project on June 14, 1994 and October 12, 1994,
respectively. DWQ was involved in the alternative selection process
throughout the processing of these documents. In our August 10, 1994
response to the EA (attached), we did not object to NCDOT's selected alternative,
although we suggested numerous avoidance and minimization measures which
NCDOT should investigate through the detailed design process. This and all
future applications for R-2405 will be subject to our specific review for loss of
aquatic and wetland uses based on final project design.
Project segment R-2405C will involve permanent fill in 7.32 acres of
jurisdictional wetlands. Impacts at stream crossings were not quantified in the
application, although NCDOT will be required to provide this information to
complete their application. Mitigation for wetland and stream impacts is
required by DWQ in accordance with 15A NCAC 2H.0506 (h)(2) and (b)(6)
(attached). NCDOT has proposed mitigation of wetland impacts at the Haws Run
mitigation site in Pender and Onslow Counties (mitigation site map attached).
NCDOT consulted DWQ (and the other resource agencies) during early reviews
of this site. With proper planning, this property may provide acceptable
mitigation for this project. We anticipate submittal of a site specific mitigation
plan in the near future. Issuance of the 401 Water Quality Certification will be
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P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX # [phone]
An Equal opportunity Affirmative Action Employer 501/6 recycled/10% post consumer paper
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Mr. John Bauer letter
April 17, 1997
Page 2 of 2
contingent upon NCDOT's ability to demonstrate that the mitigation site can
replace wetland functions and values lost at the impact sites. In the event that
any new stream crossings exceed 150 feet linear distance of stream channel,
NCDOT will also be required to provide stream mitigation at a site to be
approved by DWQ.
The referenced project segment will also involve temporary fill in 1.83 acres
of jurisdictional wetlands. DWQ is currently preparing a policy which will
require mitigation of temporary wetland impacts incurred by NCDOT projects.
We anticipate review and implementation of this policy in early 1997. NCDOT
proposes to begin construction of the referenced project segment in July or
August, 1997. It is very likely that this policy will be in effect at that time.
In your March 25, 1997 correspondence, you specifically mentioned your
concerns regarding impacts to wetlands above the headwaters of Virginia
Creek. Thank you for your suggestion, and we will take it into consideration in
our review of the project. We will also forward your concerns to Mr. Scott
McLendon of the U.S. Army Corps of Engineers so he is aware of it. In
accordance with our new Wetland Rules 115A NCAC .0506 (b)}, DWQ is not
normally involved in discussions of avoidance and minimization when wetland
impacts exceed three acres. The Corps of Engineers is required to review
Individual Permit applications through the full sequencing process
(avoidance, minimization and mitigation) for projects exceeding three acres of
wetland impacts. DWQ will, however, be fully involved in the mitigation
discussions with NCDOT. It is our specific responsibility to ensure that the
mitigation plan demonstrates that water quality standards will be met and no
wetland or stream uses are lost.. We will keep your specific concerns
regarding Virginia Creek headwater wetlands in mind when reviewing the
Haws Run mitigation plan.
Thank you for your inquiry. Questions regarding the 401 Water Quality
Certification should be directed to John Dorney or Cyndi Bell. We can be
contacted at [phone].
Sincerely
/
.T 1 Dorney
cc: Eric Galamb, DWQ
Scott McLendon, COE
Ron Ferrell, Wetland Restoration Program
Howard Hall, U.S. Fish and Wildlife Service
.,
))0 OFFICE OF COUNTY COMMISSIONERS
POST OFFICE BOX 5
C, BURGAW, NORTH CAROLINA 28425
TELEPHONE [phone] FAX [phone]
March 25, 1997
Mr. John Dorney
NCDWQ
4401 Reedy Creek Road
Raleigh, NC 27611-7687
RE: Action ID # 199704475
Dear Mr. Dorney:

AQR
Pender County is concerned about the above-referenced matter, specifically the placement
of fill material in approximately seven (7) acres of wetlands above the headwaters of Virginia Creek
to widen US Highway 17 from SR 1563 to SR 1561, Pender County, NC.
Given our recent experience in the aftermath of debris removal following storms (Bertha,
Fran, & Josephine) we are sensitized to any activity taking place in wetlands. Please advise us on the
environmental impact because we want to compare your action (and that of the Corps) in this matter
to actions taken by the Corps on similar wetland fill placement instances.
Respectfully,
Y?
J Bauer
County Manager
JB/gp
xc: Scott McLendon
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. Franklin Vick
N.C. Dept. of Transportation
Planning and Environmental Branch
P.O. Box 25201
Raleigh, NC 27611-5201
Dear Mr. Vick:
Re: Proposed land clearing of wetlands
Pender County
WQC Project #970116
COE #199704475
LTI.R?FA -C; le
AdommdMoNdw
[D EHNR
April 15, 1997
On 17 March 1997 the Division of Water Quality (DWQ) was notified by receipt of a copy of
the Individual Permit from the U.S. Army Corps of Engineers regarding your plan to fill wetlands
for the purpose of widening US 17 from SR 1563 to SR 1561 in Pender County. Approval from
DWQ is required to disturb these wetlands.
According to our preliminary, in-house review since you propose to disturb greater than one
acre of wetlands, it is likely that compensatory mitigation will be required by DWQ for this project
as described in 15A NCAC 2H .0506(h). Our Regional Office staff can make this decision during
their site visit. If adequate mitigation is required but not provided, this project will likely have to be
denied. Also if a mitigation plan is required, we will place this project on hold until its receipt in )
our Central Office. Enclosed are materials describing compensatory mitigation requirements for
this program. Please call me at 919-733-1786 to discuss these matters if necessary. Until a
mitigation plan is provided, this application is considered to be incomplete and our processing time
will not start.
We recommend that you not impact any wetlands or waters on your project site until a 401
Water Quality Certification has been issued from Raleigh. The issuance of a Corps of Engineers
404 Permit does not mean that your project can proceed. According to the Clean Water Act, the
404 Permit is not valid until a 401 Certification is also issued. If DWQ staff observe impacts which
are not allowable, you will be required to remove the fill and restore the site to its original
condition.
Please call me at 919-733-1786 if you have any questions or would require copies of our rules
or procedural materials.
rel
R. Domey
ater Quality Certifi a n Program
cc: Wilmington DWQ Regional Office
Wilmington Corps of Engineers
Central Files
John Bauer, County Manager, Pender Co.
970116.app

Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
April 8, 1997
Colonel Terry R. Youngbluth
District Engineer, Wilmington District
U.S. Army Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 27636-1890
Attention: Scott McLendon
Dear Colonel Youngbluth:

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The U.S. Fish and Wildlife Service (Service) has reviewed Action I.D. No. 199704475. The
applicant, the North Carolina Department of Transportation, proposes to fill and degrade about
seven acres of Federal jurisdictional wetlands (pine flatwoods and headwater tributaries of
Virginia Creek) to widen US 17 between SR 1563 to 1561 in Pender County, North Carolina.
The applicant proposes to mitigate for these losses by debiting the Haws Run mitigation site.
This is the interim report of the Service submitted pursuant to, and in accordance with,
provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et
seq.) and the Endangered Species Act of 1973 (87 Stat. 884, as amended; 16 U.S.C. 1531 et
seq.). This report, and our findings, are subject to modification pending the outcome of the red-
cockaded woodpecker (Picoides borealis) foraging habitat analysis and, if necessary, any
subsequent changes in the proposed activities.
The Service has commented on other environmental reports associated with the larger US 17
widening project. Notwithstanding those comments, we believe that the subject application may
have unnecessary adverse impacts on fish and wildlife resources. These adverse impacts may be
greatly reduced with some minor changes in the proposed activities.
Current stream relocation/restoration techniques used by the applicant in mountain trout streams
in the western part of North Carolina do not include trapezoidal channels, etc. We believe that
the Rosgen technique of stream relocation/restoration, as used in other parts of the state, should
be used to relocate the small tributary at ST 878 + 44 (currently a roadside ditch). Similarly,
active and inactive channels should not be straightened or deepened at road crossings. Rather,
culverts should be installed at grade to accommodate channelized flow. The safe and effective
passage of fish, amphibians, reptiles, and invertebrates should be maintained, as should
hydrologic continuity, throughout the channel crossings and relict "wet pine flatwood" habitats
•
.ft in the project area. We recommend using the anadromous fish passage guidelines where
channels are evident, and installing numerous culverts at grade along elevated portions of the
roadway to accomplish this. Finally, the applicant should seek to restore altered or modified
hydrology where practicable.
We recommend the following Special Conditions be included in any permit issued for the
proposed activities;
To the extent practicable, hydrology and hydrologic conditions will be restored in the
right of way in the project area. Such restoration work will utilize hydrogeomorphologic
principles to create low or no maintenance facilities, and shall mimic the techniques used
in mountain trout streams in western North Carolina by the North Carolina Department of
Transportation.
To the extent practicable, ecological integrity shall be maintained, including, but not
limited to, ensuring that the safe and effective passage of aquatic and terrestrial organisms
associated with stream and wet pine flatwood habitats (excluding large mammals) is
ensured by the use of culverts and clear span bridges as appropriate.
To the extent practicable, hydrological integrity shall be maintained, including, but not
limited to, sheetflow, in channel flow, and overbank flow, by the frequent use of culverts
under the road in any area where the road may be considered an impediment to such
integrity.
We appreciate the opportunity to comment on the proposed activities. If you have any comments
or questions, please call Kevin Moody of my staff at [phone] extension 19.
Sincerely,
VJohn M. Hefner
Field Supervisor
cc: NCDCM, Raleigh, NC (John Parker)
NCDWQ, Raleigh, NC (John Dorney)
NCWRC, Raleigh, NC (Frank McBride)
NMFS, Beaufort, NC (Larry Hardy)
EPA, Wetlands Regulatory Branch, Atlanta, GA (Thomas Welborn)
FWS/R4:KMoody:KM/04/02/97:919/856-4520 ext. 19:13: 9704475

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMF.s B. HUNT JR. DIVISION OF HIGHWAYS
60VERNOR P.O. BOX25201. RALEIGH. N.C. 27611-5201
April 28, 1997
Mr. Cliff Winefordner
U. S. Army Corps of Engineers
Wilmington Regulatory Field Office
P. O. Box 1890
Wilmington, North Carolina 28402-1890
Dear Mr. Winefordner:
SUBJECT: Pender-Onslow County, Haws Run Mitigation Plan

GARLAND B. GARRETT JP-
SECRETARY
Attached are three copies of the Haws Run Mitigation Plan for your review and comment. A
preliminary draft of this plan has been reviewed by several regulatory and regulatory review
agencies and their comments were incorporated into it.
A portion of the Haws Run Mitigation Site is ilrcluded in the mitigation proposal for the Jacksonville
Bypass. As noted in my letter to you dated April 1, 1997, NCDOT proposes to offset impacts to
swamp forests adjacent to the New River by offering a portion of restored, similar habitat at the
north end of the Haws Run Mitigation Site (Figure 10). The plan also proposes additional mitigation
areas on other portions of the site. These areas will be used to offset other unavoidable impacts to
wetlands resulting from future highway construction in the region.
We look forward to receiving your comments on this plan. If you have any questions or need
additional information, please contact Mr. David Schiller at [phone], Extension 280.
Sincerel
H. Franklin Vick, P. E., Manager
Planning and Environmental Branch
HFV/dhs
cc: Mr. David Cox, NCWRC ?,
Mr. John Dorney, NCDWQ
Mr. John Hefner, USFWS
Mr. Scott McLendon, COE. Wilmington
Ms. Linda Pearsall. NCNHP
Mr. Lee Pelej, USEPA. Atlanta
Mr. Fritz Rohde, NCDMF, Wilmington
Mr. Ron Sechler. NN11-S
ac
rati "-V
9
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
April 28, 1997
IN REPLY REFER TO
Regulatory Branch
Action ID No. 199704475, TIP R-2405C, Widen US Highway 17, Pender County
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment, Health, and Natural Resources
4401 Reedy Creek Drive
Raleigh, North Carolina 27611
Dear Mr. Dorney:
? cF
It is our understanding that you have been provided a copy of the
application of the North Carolina Department of Transportation requesting
Department of the Army authorization and State Water Quality Certification to
fill approximately 7 acres of wetlands to widen US Highway 17 from SR 1563 to
SR 1561, Pender County, North Carolina.
Your receipt of this letter verifies your acceptance of a valid request
for certification in accordance with Section 325.2(b)(ii) of our
administrative regulations.
We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification is required under the provisions of Section 401 of the same law.
A Department of the Army permit will not be granted until the certification
has been obtained or waived.
In accordance with our administrative regulations, in most cases, 60 days
after receipt of a request for certification is a reasonable time for State
action. Therefore, if you have not acted on the request, or asked for an
extension of time, by June 27, 1997, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to me in the Wilmington Regulatory
Field office, telephone [phone].
Sincerely,
k4
Scott McLendon
Regulatory Project Manager
Copies Furnished:
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health, and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Alice Gordon,5/14/97 8:26 PM,R-2405C US 17, Pender County .. 1
................................................................................................................................................................................................ ..
Date: Wed, 14 May 1997 16:26:05 -0400
From: Alice Gordon <[e-mail]>
To: [e-mail]
Cc: GCashin@mail.(lot.state.nc.us
Subject: R-24050 US 17, Pender County
Mime-Version: 1.0
Attached is my re:;ponse to your questions from your E-Mail and an
acknowledgment of the April 15 letter from DWQ. Letter is being final
typed (Ihad some misspellings) and will be signed by David or Frank.
Anyway wanted you to have it before tomorrows meeting. Let me know
if there are any ether questions.
For the Pender Cot;nty Manager and Virginia Creek headwaters - the
impacts on these headwaters will occur on R-2405D. Construction has
not started. The), plan to finish the work in wetlands and Waters of the
US before December 1998 so the existing NW26 and 401 will still apply. I
really don't thin}: that the road will fill any of the stream associated with
Virginia Creek -- maybe culvert extensions but not filling.
I wish I were still in Bermuda!
Attachment converted: Hard Disk:DWQ_RESP.DOC (WDBN/MSWD) (000038F3)
Printed for [e-mail] (Cyndi Bell) 1