20081716 Ver 1_Complete File_20020202

United States Department of the Interior

FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726

January 24, 2005

Bevcrly Robinson
Project Devclopmcnt and Environmcntal Analysis
North Carolina Department of Transportation
1548 Mail Scrvice Centcr
Ralcigh, North Carolina 27699-1548

DcaI' Ms. Robinson:

This Icttcr is in rcsponse to your January 10, 2005 lettcr which requcsted comments from thc
U.S. Fish and Wildlife Servicc (Service) on the Environmental Assessment (EA) and Executive
Summary document for the widening of SR 1363 (Elk Road) from SR 1132 (Lcgion Road) to 1-
95 Business/US 301, Cumbcrland County, North Carolina (TIP No. U-3849). These comments
are provided in accordance with provisions of the Fish and Wildlife Coordination Act (16 U.S.c.
66l-667d) and section 7 ofthc Endangered Species Act (ESA) of 1973, as amended (16 U.S.C.
1531-1543).

Due to the urban nature of the project area and the minimal impacts to streams, wetlands and
natural areas, the Service believes that the project will not have any significant impacts to fish
and wildlife resources. The Executive Summary document concludes that the project may affect,
but is not likcly to advcrsely affcct thc St. Francis satyr (Neonympha mitchelliifrancisci). The
document also concludes that the project will have no effect on the rcd-cockaded woodpecker
(Picoide,\' borealis), small whorled pogonia (/sotria medeoloides), pondberry (Lindera
meliss(f'olia), rough-leaved loosestrife (Lysimachia a,\perulaefolia), Michaux's sumac (Rhus
michauxii) and American chaffseed (Schwa/bea americana). Based on the information providcd
and other information available, the Service concurs with the aforementioned conclusions.
Please note, however, that small whorled pogonia is no longer listed for Cumberland County.
We believe that the requirements of section 7(a)(2) of the ESA have been satisfied. We remind
you that obligations under section 7 consultation must be reconsidered if: (1) new infomlation
reveals impacts of this identified action that may affect listed species or critical habitat in a
manner not previously considered in this review; (2) this action is subsequently modified in a
manner that was not considered in this review; or (3) a new species is listed or critical habitat
determined that may be affected by this identified action.

I
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The Service believes that this EA adequately addresses the existing fish and wildlife resources,
the waters and wetlands of the United States, and the potential impacts of this proposed project
on these resources. The Service apprcciates the opportunity to review this project. If you have
any questions regarding our response, plcase contact Mr. Gary Jordan at [phone], ext. 32.

S~
{;~

Pete Be~
Ecological Services Supervisor

cc: Chris Militscher, USEPA, Raleigh, NC
Travis Wilson, NCWRC, Creedmoor, NC
Beth Barnes, NCDWQ, Raleigh, NC
Richard Spcncer, USACOE, Wilmington, NC

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

Alan W. Klimek, P.E. Director
Division of Water Quality

April 22, 2005

MEMORANDUM

To:

Melba McGee, Environmental Coordinator, Office of Legislative and Intergovernmental
Affairs

Brian L. Wrenn, NCDWQ, Transportation Planning Unit v.w

From:

Subject:

Finding of No Significant Impact (FONSI) for SR 1363 (Elk Road) in Hope Mills in
Cumberland County, Federal Aid Project STP-1363(3), State Project No. 8.2443601, WBS
Element 34994.1.1, TIP Project No. U-3849, State Clearinghouse No. 05-0283.

This office has reviewed the referenced document. The Division of Water Quality (DWQ) is responsible
for the issuance of the Section 401 Water Quality Certification for activities that impact Waters of the
U.S., including wetlands. It is our understanding that the preferred alternative, as presented in the FONSI,
will result in impacts to jurisdictional wetlands and streams. The project will have impacts to wetlands,
streams, and other surface waters associated with:

Stream Name
Little Rockfish Creek

Stream Clas.sification
C

Stream Index Number
18-31-24-(7)

DWQ offers the following comments on the referenced documents:

General Comments.'

1. In accordance with the Environmental Management Commission's Rules {15A NCAC
2H.0506(b)(6)}, mitigation will be required for impacts of greater than 150 linear feet to any
single perennial stream. In the event that mitigation is required, the mitigation plan should be
designed to replace appropriate lost functions and values. In accordance with the Environmental
Management Commission's Rules {15A NCAC 2H.0506 (h)(3)}, the NC Ecosystem
Enhancement Program may be available for use as stream mitigation. A discussion of potential
mitigations strategies should be included in the EA.

2. The 401 Water Quality Certification application will need to specifically address the proposed
methods for storm water management. More specifically, it is suggested that storm water not be
permitted to discharge directly into streams or surface waters.

3. Where streams must be crossed, the DWQ prefers bridges be used in lieu of culverts. However,
we realize that economic considerations often require the use of culverts. Please be advised that
culverts should be countersunk to allow unimpeded passage by fish and other aquatic organisms.
Moreover, in areas where high quality wetlands or streams are impacted, a bridge may prove
preferable. When applicable, bridge bents should not be installed in the creek, to the maximum
extent practicable.

4. Sediment and erosion control measures should not be placed in wetlands.

N~{thCarolina
Ivall/rollll

Transportation Permitting Unit
1650 Mall Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone]/lnternet: htto://h2o.enr.state.nc.us/ncwetlands

An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

5. Borrow/waste areas should avoid wetlands to the maximum extent practicable. Impacts to
wetlands in borrow/waste areas could precipitate compensatory mitigation.

6. If applicable, NCDOT should not install the bridge bents in the creek, to the maximum extent
practicable.

7. For all bridges on the project, bridge deck drains should not discharge directly into the stream.
Storm water should be directed across the bridge and pre-treated through site-appropriate means
(grassed swales, pre-formed scour holes, vegetated buffers, etc.) before entering the stream.
Please refer to NCDOT Best Management Practices for the Protection of Surface Waters.

8. If foundation test borings are necessary; it should be noted in the document. Geotechnical work
is approved under General 401 Certification Number 3027/Nationwide Penuit No.6 for Survey
Activities.

9. An analysis of cumulative and secondary impacts anticipated as a result of this project is required.
This analysis should at a minimum include a discussion of potential development trends and
densities, population shifts, and cumulative and secondary environmental impacts as a result of
this project.

DWQ appreciates the opportunity to provide comments on your project. Should you have any questions
or require any additional information, please contact Brian Wrenn at 919-733-5715.

cc: Richard Spencer, US Army Corps of Engineers, Asheville Field Office
Travis Wilson, NC WRC
Gary Jordan, USFWS
Chris Militscher, USEP A
File Copy

Department of Environment and Natural Resources
Office of Legislative and Intergovernmental Affairs
Project Review Form

Project Number: 05-0283
Date Received: 03/29/2005
Date Response Due: 04/25/2005
Counties: Cumberland

'roject Description: Proposed Improvements to SR 1363 (Elk Road) in Cumberland Co.; TIP# U-3849

This Project is being reviewed as indicated below:

Regional Office Regional Office Area In-House Review /
Asheville Air - Soil & Water t M'''"' n,h,,,,,
- , -
_ Fayetteville Water _ Coastal Management
- Water Resources
Mooresville Wildlife
- Groundwater -
- Environmental Health
, _ Raleigh -
_ Land Quality Engineer L Wildlife - DOT _ Solid Waste Mgmt
_ Washington Forest Resources Radiation Protection
_ Wilmington - -
- Land Resources Other
Winston-Salem -
- Parks & Recreation
-
_ Water Quality
L Water Quality - DOT
_ Air Quality
Manager Sign-Off/Region: Date: In-House Reviewer/Agency:

Response (check all applicable)

_ No objection to project as proposed. No Comment
_ Insufficient information to complete review _ Other (specify or attach comments)

Regional Office Only:
Please log into the IBEAM system and update your comments in the DSS (Decision Support System) application,
SEP A module. If you have any questions, please contact:
Melba McGee, Environmental Coordinator at [e-mail]

~&@&llW& @
APR 1 1 2005
~NR - WATER 9UAL
8MIJ STORAfWA~R/~

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Hope Mills
SR 1363 (Elk Road)
Widening to Multi-lane Facility
From Legion Road (SR 1132) to 1-95 BusinesslUS 301
CwnberIand County
Federal-Aid Project STP-1363(3)
State Project 8.2443601
WBS Element 34994.1.1
TIP Project U-3849

o

ADMINISTRATIVE ACTION

FINDING OF NO SIGNIFICANT IMPACT

U.S. Department of Transportation

Federal Highway Administration

and

N.C. Department of Transportation

Division of Highways

2/~S-

Date

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""dIL-
l'" ' -Gregory J. Thorpe, Ph.D.
Environmental Management Director, PDEA

z/zglos: (!}pu",=- J~ (l~/~

Date ~hn F. Sullivan III, P.E.
Division Administrator, FHW A

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Hope Mills
SR 1363 (Elk Road)
Widening to Multi-lane Facility
From Legion Road (SR 1132) to 1-95 BusinesslUS 301
Cumberland County
Federal-Aid Project STP-1363(3)
State Project 8.2443601
WBS Element 34994.1.1
TIP Project U-3849

FINDING OF NO SIGNIFICANT IMPACT

Document Prepared in the Project Development and Environmental Analysis Branch by:

~QnJ)iliQ: ~, {~h Q-s1JrV

Beverly G. Rob son
Project Development Engineer

(l,. It ?rJt~ h

Jartes A. McInnis, Jr., ~. E.
Project Development Unit Head

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TABLE OF CONTENTS

P. C . .
rOJ ect omnutInents .... ... ........................... .... ...... ... ..... .... ... ........ ....... ....... ... ...... ........ .... .... 1

I. TYPE OF ACTION..................... .................... .............. ........ ...... ........... ...................... 1

II. DESCRIPTION OF THE PROPOSED ACTION ....................................................... 1

III. SUMMARY OF ENVIRONMENTAL EFFECTS .................................................. 1

IV. COMMENTS AND COORDINATION................................................................... 2

A. Distribution of Environmental Assessment .............................................................. 2
B. Comments on Environmental Assessment................................................................ 2

C. Public Hearing ........... ................. ...... ....... ............. .... ................. .......... .......... ........... 4

V. REVISIONS TO THE ENVIRONMENTAL ASSESSMENT.................................... 4

A. Archaeo 10 gical Resources......................................................................................... 4

B. Traffic Noise Analysis ................ ...... ....................... ........ ....... ............ ................. ..... 4

C. Natural Resources ...................... ..... ................ ........... ...................... ........... .............. 5

V. BASIS FOR FINDING OF NO SIGNIFICANT IMPACT ......................................... 7

Figure 1
Figure 2

Vicinity Map
Aerial Mosaic

Figures

Table 1
Table 2
Table 3

List of Tables
Criteria for Substantial Noise Increase
Project Effects on Wetlands
Project Effects on Streams

Appendix

"

Project Commitments

Hope Mills
SR 1363 (Elk Road)
Widening to Multi-lane Facility
From Legion Road (SR 1132) to 1-95 BusinessiUS 301
Cwnberland County
Federal-Aid Project STP-1363(3)
State Project 8.2443601
WBS Element 34994.1.1
TIP Project U-3849

Division GIProgram Development BranchlRoadway Design Unit

Sidewalks are proposed on the south side of Elk Road from Legion Road to
Cameron Road/Gillespie Road. The City of Fayetteville has committed to participate in
the cost of sidewalks in accordance with NCDOT's Pedestrian Policy. A municipal
agreement will be prepared prior to construction of the project.

Roadway Design Unit

4.2 meter (14-foot) outside lanes are proposed to provide additional width to
accommodate bicycles.

Finding of No Significant Impact U-3849
February 2005

Page 1 of 1

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"

Hope Mills
SR 1363 (Elk Road)
Widening to Multi-lane Facility
From Legion Road (SR 1132) to 1-95 BusinesslUS 301
Cumberland County
Federal-Aid Project STP-1363(3)
State Project 8.2443601
WBS Element 34994.1.1
TIP Project U-3849

I. TYPE OF ACTION

This is a Federal Highway Administration (FHW A) administrative action, Finding
of No Significant Impact (FONSI).

The Federal Highway Administration has determined this project will have no
significant impact on the human environment. This Finding of No Significant Impact is
based on the March 4, 2004 Environmental Assessment (EA) which has been
independently evaluated by the FHW A and determined to adequately and accurately
discuss the need, environmental issues and impacts of the proposed project. The EA
provides sufficient evidence and analysis for determining that an Environmental Impact
Statement (EIS) is not required. The FHW A takes full responsibility for the accuracy,
scope and content of the Environmental Assessment.

II. DESCRIPTION OF THE PROPOSED ACTION

The North Carolina Department of Transportation, Division of Highways
proposes to widen SR 1363 (Elk Road) to a four-lane median divided facility with curb
and gutter, from SR 1132 (Legion Road) to SR 1242/SR 1131 (Gillespie Road/Cameron
Road) and extend Elk Road on new location between Gillespie Road/Cameron Road and
1-95 BusinesslUS 301. The project is approximately 1.5 miles long.

The proposed project is included in the 2004-2010 North Carolina Transportation
Improvement Program (TIP). Right of way acquisition is scheduled for Fiscal Year (FY)
2005 and construction is scheduled for FY 2006.

The current estimated cost for the proposed project is $11,200,000 which includes
$4,000,000 for right of way acquisition and $7,200,000 for construction. The cost
included in the 2004-2010 TIP is $12,265,000 which includes $4,615,000 for right of
way acquisition and $7,650,000 for construction.

III. SUMMARY OF ENVIRONMENTAL EFFECTS

The widening and extension of Elk Road will result in the relocation of nine
residences.

.

Approximately 0.2 acre of wetlands and 530 feet of streams will be impacted by
the project.

Approximately 40 receptors will experience noise level increases with
construction of this project. If the project were not built, 46 homes would experience
traffic noise impacts.

IV. COMMENTS AND COORDINATION

A. Distribution of Environmental Assessment

The approved Environmental Assessment was circulated to the following federal,
state and local agencies for review and comments. Copies of the comments received are
included in the appendix of this document (Note: An asterisk indicates those agencies
that provided comments on the EA).

U.S. Army Corps of Engineers - Wilmington
Environmental Protection Agency
.U.S. Fish and Wildlife Service
N.C. Department of Administration-State Clearinghouse
N.C. Department of Cultural Resources
*N.C. Wildlife Resources Commission
*N.C. Division of Water Quality
Mayor of Fayetteville
Mayor of Hope Mills

B. Comments on Environmental Assessment

Substantive comments on the Environmental Assessment are discussed below:

North Carolina Division of Water Quality

Comment: "The documen~ does not present any mapping that shows the location of
wetlands and streams. In addition, the document does not give any specified amount of
anticipated impacts to wetlands and streams. Until the DWQ has 1) a map that clearly
displays all the wetlands, streams and other surface waters located in the project, with the
proposed project superimposed onto those resources, and 2) a table of anticipated impacts
that are a resultant from the proposed design, we cannot agree that appropriate avoidance
and minimization has occurred for this project. As such, issuance of the 40 1 Water
Quality Certification for this project could be delayed until the information is provided to
the DWQ for review, and we are convinced that all appropriate avoidance and
minimization has occurred for the project."

2

"

Response: Figure 2 of this report displays the location of wetlands and streams in the
project area. Impacts associated with wetlands and streams are shown on Tables 2 and 3
of this report.

Comment: "After the selection of the preferred alternative and prior to an issuance of
the 401 Water Quality Certification, the NCDOT is respectfully reminded that they will
need to demonstrate the avoidance and minimization of impacts to wetlands (and
streams) to the maximum extent practical. Based on the impacts described in the
document, wetland mitigation will be required for this project in accordance with
Environmental Management Commission's Wetland Rules {15A NCAC
2H.0506(h)(2)}. "

Response: As discussed in Section V-F-8-e of the environmental assessment, total
avoidance of wetlands and streams is impractical, shifting the project alignment to avoid
the wetland area would possibly relocate as many as ten homes.

Comment: "Future documentation should include an itemized listing of the proposed
wetland and stream impacts with corresponding mapping."

Response:

See Tables 2 and 3 and Figure 2 of this report.

Comment: "An analysis of cumulative and secondary impacts anticipated as a result
of this project is required. The type and detail of analysis should conform to NC Division
of Water Quality Policy on the assessment of secondary and cumulative impacts dated
April 1 0, 2004."

Response: An indirect and cumulative effect analysis will be conducted for this
project and submitted with the permit application. A general discussion of secondary and
cumulative impacts is included in Section VII-E of the environmental assessment.

Comment: "Based on the information presented in the document, the magnitude of
impacts to wetlands and streams will require an Individual Permit application to the
Corps of Engineers and corresponding 401 Water Quality Certification requires
satisfactory protection of water quality to ensure that water quality standards are met and
no wetland or stream uses are lost. Final permit authorization will require the submittal
ofa formal application by the NCDOT and written concurrence from the NCDWQ."

Response: The proposed project will affect approximately 0.2 acre of wetlands and a
total of 530 feet of streams (100 feet of one stream and 430 feet of a second stream).
Based on these stream impacts, it is expected an Individual permit will be required for
this project. However, the final decision regarding permit requirements will be made by
the Corps of Engineers.

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C. Public Hearin!!

The public hearing for the project was held on November 18, 2004 at the Southview
Middle School Cafeteria in Fayetteville. Approximately 40 citizens attended this
meeting.

Many of the comments and questions concerned safety, noise impacts, quality of
life and home values.

Substantive public comments regarding the project not addressed elsewhere in
this document are discussed below.

Comment: One comment received during the public hearing expressed concern for
the safety of students walking to and from the schools in the project area. In addition,
infonnation was requested on plans to widen Legion Road.

Response: Sidewalks will be provided on the south side of Elk Road from Legion
Road to Cameron Road/Gillespie Road to accommodate pedestrians.

Legion Road is proposed for widening from SR 1007 (Owen Drive) to SR 1131
(Cameron Road). Right of way acquisition is scheduled for FY 2007 and construction for
FY 2008.

v. REVISIONS TO THE ENVIRONMENTAL ASSESSMENT

A. Archaeololrlcal Resources

In the Environmental Assessment, NCDOT committed to submit design plans to
the State Historic Preservation Office (HPO) for further review if any of the wideninR
project was proposed to be constructed on new location. The project will realign .
Cameron Road/Gillespie Road on new location approximately 337 feet west of the
existing alignment. Elk Road will also be extended on new location from Cameron
Road/Gillespie Road to 1-95 BusinesslUS 301. Design plans were forwarded to the HPO
for review. The HPO determined no archaeological survey is required for this project.

B. Traffic Noise Analvsis

The NCDOT Traffic Noise Abatement Policy has been revised since completion
of the environmental assessment. The 2004 Noise Abatement Policy has changed the
criteria for detennining a "substantial increase" in noise levels. Under the new noise
abatement policy, noise abatement must be considered when a land use is exposed to
noise levels approaching or exceeding the FHW A noise abatement criteria and/or the
predicted design year noise levels substantially exceed existing noise levels as defined
below:

4

Existim! Leq(h)

50 or less dBA
51 dBA
52 dBA
53 dBA
54 dBA
55 or more dBA

TABLE 1 CRITERIA FOR SUBSTANTIAL NOISE INCREASE
Substantial Increase if Receptor
Experiences Increase of:
15 or more dBA
14 or more dBA
13 or more dBA
12 or more dBA
11 or more dBA
10 or more dBA

Under the 2004 noise policy, traffic noise will impact 40 homes with construction
of the proposed project. If the proposed project were not built, 46 homes would
experience traffic noise impacts.

C. Natural Resources

1. Effects on Wetlands/Streams

Tables 2 and 3 below present itemized listings of wetlands and streams within the
project area. Impacts are based on 110 feet of right of way plus easements.

TABLE 2 PPf.'JECT EFFECTS ON WETLANDS

Wetland Impacts in Acres
Wetland 1 0.1
Wetland 2 0.1
Total 0.2

TABLE 3 PROJECT EFFECTS ON STREAMS

Stream No. Stream Name Linear Feet of Stream
UTI UT to Little Rockfish Creek 430
UTI UT to Little Rockfish Creek 100
Total 530

2. Federallv-Protected SDecies

One change has occurred in the list of federally-protected species for Cumberland
County since completion of the environmental assessment. Small-whorled pogonia is no
longer listed for Cumberland County. Table 4 presents the current list of
federally-protected species for Cumberland County.

5

Common Name Scientific Name Status Habitat? Biological
Conclusion
Michaux's sumac Rhus michauxii E Yes No Effect
St. Francis satyr Neonympha E Yes May Affect-
mitche//ii francisci Not Likely to
Adversely
Affect
Red-Cockaded Picoides borealis E No No Effect
Woodpecker
Pondberry Lindera melissaifolia E Yes No Effect
Rough leaved Lysimachia asperu/aefolia E No No Effect
loosetrife
American Schwa/bea americana E No No Effect
chaffseed
American Alligator A//iJ!ator mississiooiensis T (S/A) N/A N/A

TABLE 4 FEDERALLY-PROTECTED SPECIES FOR
CUMBERLAND COUNTY

E (Endangered) = a taxon in danger of extinction throughout all of a significant portion of its range.
T (Threatened) = a taxon likely to become endangered within the foreseeable future throughout all or a
significant portion of its range.
T (SIA)= Threatened due to similarity of appearance = a taxon that is threatened due to similarity of
appearance with other rare species and is listed for protection. These species are not biologically
endangered or threatened and are not subject to Section 7 consultation.
N/A = Not applicable, biological conclusion not required for this species.

The biological conclusion for the pondberry and Michaux's sumac has been
changed from "May Affect-Not Likely to Adversely Affect" to "No Effect" since the
completion of the EA. A biological conclusion of "May Affect- Not Likely to Adversely
Affect" is still rendered for the Saint Francis satyr. The US Fish and Wildlife Service
concurred with these findings in a letter dated January 24,2005 (see Appendix).

6

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V. BASIS FOR FINDING OF NO SIGNIFICANT IMPACT

Based upon environmental studies and coordination with appropriate federal,
state, and local agencies, it is the finding of the Federal Highway Administration and the
North Carolina Department of Transportation that the proposed action will have no
significant impact upon the quality of the hwnan environment. Therefore, an
environmental impact statement will not be required.

Additional information concerning this proposal can be obtained by contacting the
following persons:

John F. Sullivan III, P.E.
Division Administrator
Federal Highway Administration
310 New Bern Avenue, Suite 401
Raleigh, North Carolina 27601-1442
[phone]

Gregory J. Thorpe, Ph.D.
Environmental Management Director
Project Development and Environmental Assessment Branch
N.C. Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
[phone]

7

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"~.;J PROJECT OEVELOPWeHT AND EN\r1RONMEN'TAl ANAlYSlS BRANCH
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SR 1363 (ELK ROAD)
LEGION ROAD TO 1-9SBUS/US 301
CUMBERLAND COUNTY
TIP PROJECT U-3849

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APPENDIX

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United States Department of the Interior

FISH AND WILDLIFE SERVICE
Raleigh Field Otlice
Post Office Box 33726
Ral~igh. North Carolina 27636-37~6

January 24. 2005

Beverly Robinson
Project Development and Environmental Analysis
North Carolina Department of Trallsportation
1548 Mail Service Center
Raleigh. North Carolina 27699-1548

Dear Ms. Robinson:

This letter is in response to your January 10.2005 letter which requested comments from the
U.S. Fish and Wildlife Service (Service) on the Environmental Assessment (EA) and Executive
Summary document for the widening ofSR 1363 (Elk Road) from SR 1132 (Legion Road) to 1-
95 Business/US 301, Cumberland County, North Carolina (TIP No. U-3849). These comments
are provided in accordance with provisions of the Fish and Wildlife Coordination Act (16 U.S.c.
661-667d) and section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.c.
1531-1543).

Due to the urban nature of the project area and the minimal impacts to streams, wetlands and
natural areas, the Service believes that the project will not have any significant impacts to fish
and wildlife resources. The Executive Summary document concludes that the project may affect,
but is not likely to adversely affect the St. Francis satyr (Neonymplza mitchelliiji-allcisci). The
.document also concludes that the project will have no effect on the red-cockaded woodpecker
(Picoides borealis), small whorled pogonia (Isotria mede%ides), pondberry (Lilldem
l1lelissifolia), rough-Ieavo:-d loosestrife (Lysimachia asperu/aefolia), Michaux's sumac (Rhus
II/ichal/xii) and American chaffseed (Schwa/bea americana). Based on the information provided
and other information available, the Service concurs with the aforementioned conclusions.
Please note, however, that small whorled pogonia is no longer listed for Cumberlaml Cuunty.
We believe that the requirements of section 7(a)(2) of the ESA have been' satisfied. We remind
you that obligations under section 7 consultation must be reconsidered if: (I) new information
reveals impacts of this identified action that may affect listed species or critical habitat in a
manner not previously considered in this review; (2) this action is subsequently modified in a
manner that was not considered in this review; or (3) a new species is listed or critical habitat
determined that may be affected by this identified action.

.

The Service believes that this EA adequately addresses the existing tish and wildlife resources,
the waters and wetlands of the United States, and the potential impacts of this proposed project
on these resources. The Service appreciates the opportunity to review this project. If you have
any questions regarding our response, please contact Mr. Gary Jordan at [phone], ext. 32.

Sloceyv,~)
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Pete Benjamin
Ecological Services Supervisor

cc: Chris Militscher, USEPA, Raleigh, NC
Travis Wilson, NCWRC, Creedmoor, NC
Beth Barnes, NCDWQ, Raleigh, NC
Richard Spencer, USACOE, Wilmington, NC

.

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l\lullil ......dll."illliQ .....~~"'il;[lt::l,~ vI i:,;IVlf("Jllment ana l~atural N8S0urces

Alan W. Klimek, P,E. Director
Division of Water Quality

May 11. 2004

MEMOR-\.NDUM

To:

Melba McGee

John HennessVt:)

Comments on the Environmental Assessment to construct the Widening of SR 1363 (Elk Road)
from Legion Road (SR 1132) to 1-95 Business/US 301 in Cumberland County, Federal Aid Project
STP-1363(3), State Project No. 8.2443601, TIP U-3849, DENR Project Number 04-0305.

From:

Subject:

This office has re-n'eweLi the referenced docume..t. The Division of Water Quality (DWQ) is responsible for the
issuance of the Section 401 Water Quality Certification for activities that impact Waters of the U.S.. including
wetlands. It is our understanding that the preferred alternative. as presented in the EA, will result in impacts to
jurisdictional wetiands and streams. The project wiil have impacts to wetlands. streams. and other surface waters
associated with:

Stream Name
I
Rockfish Creek

River Basin

I Stream Classification(s)

I

Stream Index Number

Caoe Fear

C

03-06-15

The DWQ offers the following comments based on review of the aforementioned document:

A) The document does present any mapping that shows the location of wetlands and stre:tms. In addition. the
document does not give any specified amount of anticipated impacts to wetlands and streams. Until the
DWQ has: 1) a map that clearly displays all the wetlands, streams, and other surface waters located in the
project. with the proposed project superimposed onto those resources. and 2) a table of anticipated impacts
that are resultant from the proposed design. we cannot agree that appropriate avoidance and minimization
has occurred for this project. As such, issuance of the 401 Water Quality Certification for this project
could be delayed until the info~mation is provided to the DWQ for review, and we are convinced that all
appropriate avoidance and minimization has occurred for this project.

B) After the selection of the preferred alternative and prior to an issuance of the 40 I Water Quality
Certification. the NCDOT is respectfully reminded that they will need to demonstrate the ayoidance and
minimization of impacts to wetlands (and streams) to the maximum extent practical. Based on the impacts
described in the document, wetland mitigation will be required for this project in accordance with
Environmental Management Commission's Wetland Rules (15A NCAC 2H.0506 (h)(2)).

C) In accordance with the Environmental Management Commission's Rules (15A NCAC 2H.0506(b)(6)}.
mitigation will be required for impacts of greater than 150 linear feet to any single perennial stream. In the
event that mitigation is required. the mitigation plan should be designed to replace appropriate lost
functions and values. In accordance with the Environmental Management Commission's Rules {15A
NCAC 2H.0506 (h)(3)}, the NC Ecosystem Enhancement Program may be available for use as stream
mitigation.

N, C. Division of Water Quality 1650 Mall Service Canter
Customer Service: 1-800-623- n48

&;f
NCl""

RaleIgh. NC 27699-1650

[phone]

","l1am G. HOss Jr., ::oecretary
North Carolina Department of Environment and Natural Resources

Alan W. Klimek, P.E. Director

.

D) Sediment and erosion control measures should nO( be placed in wetlands.

E) Borrow/waste areas should avoid wetlands to the maximum extent practicable. Impacts to wetlands in
borrow/waste areas could precipitate compensatory mitigation.

F) Future documentation should include an itemized listing of the proposed wetland and stream impacts with
corresponding mapping.

G) An analysis of cumulative and secondary impacts anticipated as a result of this project is required. The
type and detail of analysis should conform to the NC Division of Water Quality Policy on the assessment of
secondary and cumulative impacts dated April 10,2004.

H) Based on the information presented in the document, the magnitude of impacts to wetlands and streams will
require an Individual Permit application to the Corps of Engineers and corresponding 401 Water Quality
Certification. Please be advised that a 401 Water Quality Certification requires satisfactory protection of
water quality to ensure that water quality standards are mer and no wetland or stream uses are lost. Final
pennit authorization will require the submittal of a formal application by the NCDOT and written
concurrence from [he NCDWQ. Please be aware that any approval will be contingent on appropriate
avoidance and minimization of wetland and streo.m impnc!s to the maXimum extent practical. the
development of an acceptable storm water management pian. and [he mclusion of appropriate mitigation
plans where appropriate.

The NCDWQ appreciates the opportunity to provide comments on your project. Should you have any questions or
require any additional information, please contact John Hennessy at [phone].

cc: Eric Alsmeyer. Corps of Engineers Washington Field Office
Gary Jordan, USFWS
Travis Wilson. NC\VRC
John Hennessy, NCDWQ
File Copy

C:\nCdOI\TIP U-3849\commCl1lS\U-3849 EA commcnts.doc

N. C. DiVision of Water Quality 1650 Mail Service Center
Customer Service: 1-800-623- n 48

Raleigh, NC 27699-1650

[phone]

.t':J/2112l::leJ4 13:12

9195289839

PAGE 03

~ North Carolina \Vildlife Resources Commission [?j
= -- ---. --.. ---=- -------= -- ~ -- --=-=- ---...:=.. ~ '--=0== ---=-= '--' '__'___

MEMORANDUM

Ch:irlcs R.. Fullwood, E.""Ce:C:".Jtivc Di rCCwr

TO: Melba McGee
Office of Legislative and lnte:'gove:-nme~cal Affairs, DENR

FROM:

Travi.:; Wilson, Highway Project Coordi..,aror \' -:---. ~.~
Habitat Conservation Program c...-- _ ~

DATE: May 21,2004

SUBJECT: Norrh Carolina Departrnem ofTra~;iporration (NCDOT) Environmental
Assessment (EA) for the extension and improvemc::nts to SR 1363 (Elk Road)
from SR 1132 (Legion Road) to J-95 BusinesslUS 301, in Hope Mills,
Cumberla."1d County, North C~rolim:.. TIP ~o. U-3849. SCH Project No. 04-
0305.

Staffbiologist3 with the N. C. Wildlife Resources Commission have reviewed the subject
EA and are familiar with habitat values in the project area. The purpose of chis review was to
assess project impacts to fish and wildlife resources. Our comments are provided in accordance
with certair. provisions of the National Environmentai Policy Act (.<.1.2 U.s.e. 4332(2)(c)j and the
Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.c. 661-667d).

NCDOT proposes to Widen SR 1363 to a tour-lane median divided facility with curb and
gutter, from Sr 1132 to SR I 242/SR 1131 and extend SR 1363 on new location between SR
1242/SR 1131 and 1-95 BusinesslUS 301. The project is appro~imately 1.5 miles in length.
impacting approximately 200 linear feet of stream a."!d I acre of wetlands.

We have reviewed the data in the EA. Due:o the urban nature of this project site the
environmental impacts are minimal. At this time, we concur with the EA for this project. Thank
you for the opportunity to comment on this EA. If we can be of any further assistance please call
me at [phone].

cc: Gary Jordan. U.S. Fish and Wildlife Service, Raleigh
John Hennessy, DWQ, Rakigh
Richard Spencer, U.S. Army C01]Js of Engineers, Wilmington

Mailing Addrc.u: Dtvi~i(J11 of r "I~nd Fishcm:~ . 1 72!\ohii Sc:rti,;" Cence~ . Raleigh..:.Ie 27699-172 I
Tc:lephone: (919) ij.i-J6.i.l '::~:. 2R I . F:!:c: ~919) 715.7r,.1)

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