20071823 Ver 1_EEP Letter_20100726

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http://www.ncdot.org/planning/development/TIP/TIP/Trans/maps/R2301.jpg 10/3/2007
R-2301A
Subject: R-2 301A
From: Colin Mellor <[e-mail]>
Date: Tue, 02 Oct 2007 10:16:17 -0400
To: David Wainwright <David.Wainwright @ncmail.net>
CC: John Hennessy <[e-mail]>
David,
have you seen the ICE report for R-2301A (Dec., 2004), US 17 New
Bern Bypass? I've been going over some upcoming (2008/2009) Let
dates and this was a project that came up. The report lists the
Trent River as 303(d), which apparently it was in 2002 but was
removed in the 04 and 06 listing (after the report was written).
The facility is controlled access which should limit development
to the interchanges at US 17 and US 70. There is some National
Heritage Area and State Significant Aquatic Habitiat along the
Trent that was not addressed in the report.
Let me know if you have even seen the report or if you have it in
your files. I can provide it if necessary. Sorry that my
searches seem to be limited to your jurisdictions lately.
Colin Mellor
PDEA - Natural Environment Unit
N.C. Department of Transportation
919-715-1426
1 of 1 10/3/2007 10:47 AM
o stem
-a = e
PROGRAM
October 5, 2007
Mr. Richard Spencer
U. S. Army Corps of Engineers
Wilmington Regulatory Field Office
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Dear Mr. Spencer:
Subject: EEP Mitigation Acceptance Letter:
? ems,
,f r
f t%F.
R-2502B, Widening US 1 from SR 1528 to Existing Facility in
Richmond County, Richmond and Moore Counties; Lumber River Basin
(Cataloging Unit 03040203); Southern Piedmont (SP) Eco-Region
The purpose of this letter is to notify you that the Ecosystem Enhancement Program
(EEP) will provide the compensatory riparian and nonriparian mitigation for the unavoidable
impact associated with the above referenced project. As indicated in the NCDOT's mitigation
request dated October 1, 2007, compensatory riparian and nonriparian mitigation from EEP is
required for approximately 2.95 and 2.23 acres of impacts, respectively-
This mitigation acceptance letter replaces the mitigation acceptance letter issued
August 21, 2007. Compensatory wetland mitigation associated with this project will be provided
in accordance with Section X of the Amendment No. 2 to the Memorandum of Agreement
between the N. C. Department of Environment and Natural Resources, the N. C. Department of
Transportation, and the U. S. Army Corps of Engineers fully executed on March 8, 2007 (Tri-
Party MOA). EEP commits to implement sufficient compensatory riparian and nonriparian
wetland mitigation up to 5.90 riparian and 4.46 nonriparian wetland credits to offset the impacts
associated with this project by the end of the MOA year in which this project is permitted. If the
above referenced impact amounts are revised, then this mitigation acceptance letter will no longer
be valid and a new mitigation acceptance letter will be required from EEP.
If you have any questions or need additional information, please contact Ms. Beth
Harmon at 919-715-1929.
Sin erely,
Willia Gilmore, P.E.
EEP Director
cc: Mr. Gregory J. Thorpe, Ph.D., NCDOT-PDEA
Mr. John Hennessy, Division of Water Quality, Wetlands/401 Unit
File: R-2502B Revised
sty ? ... ?, ... rot 0 Ita)-C8 NR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
October 5, 2007
Mr. Gregory J. Thorpe, Ph.D.
Environmental Management Director
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Dr. Thorpe:
Subject: EEP Mitigation Acceptance Letter:
R-2502B, Widening of US 1 from SR 1528 to Existing Facility in
Richmond County, Moore and Richmond Counties
The purpose of this letter is to notify you that the Ecosystem Enhancement
Program (EEP) will provide the compensatory riparian and nonriparian wetland
mitigation for the subject project. Based on the information supplied by you on October
1, 2007, the impacts are located in CU 03040203 of the Lumber River Basin in the
Southern Piedmont (SP) Eco-Region, and are as follows:
Riparian Wetlands: 2.95 acres
Nonriparian Wetlands: 2.23 acre
This mitigation acceptance letter replaces the mitigation acceptance letter
issued August 21, 2007. EEP commits to implementing sufficient compensatory
wetland mitigation to offset the impacts associated with this project by the end of the
MOA Year in which this project is permitted, in accordance with Section X of the
Amendment No. 2 to the Memorandum of Agreement between the North Carolina
Department of Environment and Natural Resources, the North Carolina Department of
Transportation, and the U. S. Army Corps of Engineers, fully executed on March 8, 2007.
If the above referenced impact amounts are revised, then this mitigation acceptance letter
will no longer be valid and a new mitigation acceptance letter will be required from EEP.
?tor? ... E?,.,? ... Proms Otlw .?? e, eENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
If you have any questions or need additional information, please contact Ms. Beth
Harmon at 919-715-1929.
Sincerely,
Wil ' D. Gilmore, P.E.
EEP Director
cc: Mr. Richard Spencer, USACE - Wilmington
Mr. John Hennessy, Division of Water Quality, Wetlands/401 Unit
File: R-2502B Revised
0? wAT FRpG
r
? Y
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
October 15, 2007
Mr. Brian Dustin
Mulkey Engineers & Consultants
6750 Tryon Rd
Cary, NC 27511
Subject: NCDOT TIP # R-3430, Caldwell County
Gunpowder Creek [Catawba Basin, 03-08-31, 11-43-(1), WS-IV]
Stafford Creek [Catawba Basin, 03-08-32, 11-55-(0.5), C]
On-Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H .0506(h)
Dear Mr. Dustin:
On October 12, 2007, at your request and in your attendance and with Monte Matthews of the Army Corps of Engineers,
Sue Homewood, Division of Water Quality (DWQ) staff, conducted an on-site determination to review drainage features
located in the project corridor for the above referenced project for applicability to the mitigation rules (15A NCAC 2H
.0506(h)). The drainage features are approximated on the attached map initialed and dated October 15, 2007.
During the site visit Streams Sl, S2A and S3B were visually inspected. Streams S1 and S3B were determined to be
intermittent streams and therefore not subject to 15A NCAC 2H.0506(h). Stream S2A was determined to be a perennial
stream and is subject to mitigation as per 15A NCAC 2H .0506(h).
Please note that other sites identified in the jurisdiction vertification request package but not reviewed on site by DWQ
will be considered accurate as presented.
This letter only addresses the applicability to the mitigation rules and the buffer rules and does not approve any activity
within Waters of the United States, or Waters of the State. Any impacts to wetlands, streams and buffers must comply
with the 404/401 regulations, water supply regulations (15A NCAC 2B .0216), and any other required federal, state and
local regulations.
The owner (or future owners) or permittee should notify the DWQ (and other relevant agencies) of this decision in any
future correspondences concerning this property and/or project. This on-site determination shall expire five (5) years
from the date of this letter.
Ne Carolina
Atura!!y
North Carolina Division of Water Quality 585 Waughtown Street Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us Winston-Salem, NC 27107 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Mr. Brian Dustin
October 15, 2007
Page 2
Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority that a
surface water exists and that it is subject to the mitigation rules may request a determination by the Director. A request
for a determination by the Director shall be referred to the Director in writing c/o John Hennessy, DWQ Wetlands/401
Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650. Individuals that dispute a determination by the DWQ or
Delegated Local Authority that "exempts" a surface water from the mitigation rules may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day
statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of
this decision. DWQ recommends that the applicant conduct this notification in order to be certain that third party appeals
are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the
North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C.
27699-6714. This determination is final and binding unless you ask for a hearing within 60 days.
If you have any additional questions or require additional information please call Sue Homewood at 336-771-4964 or at
[e-mail].
Sincerely,
Steve Tedder
Attachments:
cc: Monte Matthews, US Army Corps of Engineers - Raleigh Regulatory Field Office
DWQ Winston-Salem Regional Office
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M U L K E Y Figure No.
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ENGINEERS & C O N S U L T A N T S Caldwell Countv, North Carolina
Prepared For:
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pF W AT F9 Michael F. Easley, Governor
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?- William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

p -? Coleen H. Sullins, Director
Division of Water Quality
October 8, 2007
Ashley Cox
NCDOT - Natural Environment Unit
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
Subject: NCDOT TIP # U-2612A & B, New interchanges on US 421 at SR 3389 and SR 3418
Guilford County
Big Alamance Creek [03-06-03, 16-19-(1), WS-IV, NSW]
On-Site Determination for Applicability to the Mitigation Rules (15A NCAC 211 .0506(h)
Dear Mr. Cox:
On May 8, 2007, at your request and in your attendance, Sue Homewood Division of Water Quality (DWQ)
staff, conducted an on-site determination to review drainage features located adjacent to the proposed new
interchanges for the above referenced project for applicability to the mitigation rules (15A NCAC 2H
.0506(h)). The drainage features are approximated on the attached map initialed and dated October 8, 2007.
The Division of Water Quality (DWQ) has determined that the stream and wetland features identified in the
attached summary letter provided by NCDOT accurately describes the field verification conducted.
This letter only addresses the applicability to the mitigation rules and does not approve any activity within
Waters of the United States, or Waters of the State. Any impacts to wetlands, streams must comply with the
404/401 regulations, water supply regulations (15A NCAC 2B .0216), and any other required federal, state and
local regulations.
The owner (or future owners) or permittee should notify the DWQ (and other relevant agencies) of this
decision in any future correspondences concerning this property and/or project. This on-site determination
shall expire five (5) years from the date of this letter.
Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority
that a surface water exists and that it is subject to the mitigation rules may request a determination by the
Director. A request for a determination by the. Director shall be referred to the Director in writing c/o John
Hennessy, DWQ Wetlands/401 Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650. Individuals that
dispute a determination by the DWQ or Delegated Local Authority that "exempts" a surface water from the
.One
Carolina
Naturally
North Carolina Division of Water Quality 585 Waughtown Street Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us Winston-Salem, NC 27107 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycledl10% Post Consumer Paper
Ashley Cox
October 8, 2007
Page 2
mitigation rules may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start until the affected
party (including downstream and adjacent landowners) is notified of this decision. DWQ recommends that the
applicant conduct this notification in order to be certain that third party appeals are made in a timely manner.
To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
determination is final and binding unless you ask for a hearing within 60 days.
If you have any additional questions or require additional information please call Sue Homewood at 336-771-
4964 or at [e-mail].
Sincerely,
Steve Tedder
Attachments:
cc: Andy Williams, US Army Corps of Engineers - Raleigh Regulatory Field Office
DWQ WSRO File Copy
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® North Carolina Wildlife Resources Commission
MEMORANDUM
TO: Jennifer Harris
North Carolina Turnpike Authority
FROM: David Cox, Technical Guidance Superv' or
Habitat Conservation Program f /
DATE: October 15, 2007
SUBJECT: Mid-Currituck Bridge Study, Alternatives for Detailed Study. Currituck and Dare
counties, North Carolina. TIP No. R-2576.
On September 19th the NC Turnpike Authority (NCTA) proposed to carry two alternatives
forward for detailed study in the Draft Environmental Impact Statement (DEIS). NCTA proposed
to drop all non bridge alternatives therefore selecting to study only two bridge corridor
alternatives. NCWRC cannot agree with the elimination of all non-bridge alternatives at this time,
and therefore requests alternative ER2 be carried forward for detailed study based upon the
following:
1. Total wetland impacts are less with the non-bridge alternative.
2. Human impacts are preliminary and are based on a standard corridor width. Forty-seven
potential displacements compared to a low of eleven for the least human impacts for a
bridge alternative is not substantial enough to drop an alternative before it is studied in
detail.
3. All the alternatives meet the purpose and need of the project, therefore it is not prudent to
drop an alternative prior to the DEIS based on which alternative best meets purpose and
need. The intent of the DEIS is to study in detail the potential impacts and gather public
comment on a full range of alternatives.
4. Most notably WRC requests a non-bridge alternative be studied to have a full range of
alternatives as a comparison for the secondary and cumulative impacts on the fish and
wildlife resources with in the project area. These include:
• Increased development on mainland Currituck leading to a shift from residential to
commercial and a potential increase in the pace of development.
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
NCTA Mid-Currituck Page 2 October 15, 2007
• Impacts to essential fish habitat
• Impacts to submerged aquatic vegetation (SAV) due to storm water runoff and
shading. Bridging alternatives will impact SAV beds in Currituck Sound. SAV's
are an important habitat for migratory waterfowl and aquatic species. Mitigation
for SAV's is difficult, usually unsuccessful, and can result in a net loss of this
habitat type.
• Impacts to migratory waterfowl utilizing the Currituck sound. Currituck sound is a
focus area described in the North American Waterfowl Management Plan, bridge
alternatives have the highest potential to effect waterfowl usage and effect shoreline
development patterns along Currituck sound.
• Bridging alternatives will bisect Maple Swamp, a Significant Natural Area (SNA)
identified by the NC Natural Heritage Program as being of state significance.
Therefore directly impacting an SNA and further fragmenting habitat
In conclusion, NCWRC feels it is necessary to study a non-bridge alternative in the DEIS
in order to fully assess the direct and indirect impacts of this project upon the natural environment
and to have a full range of feasible and comparable alternatives for the resource agencies and
public to review. If you have questions or need further information regarding our comments,
please contact Travis Wilson, Eastern NCDOT Coordinator, at [phone].
Cc:
George Hoops, FHWA
Bill Biddlecome, USACE
Chris Militscher, USEPA
Gary Jordan, USFWS
Cathy Brittingham, DCM
David Wainwright, DWQ
Ron Sechler, NMFS
?amCT 10
STATE OF NORTH CAROLINA 6??r?^rQS ?R, w ``? Zp
qa'D ggrrq 0>
DEPART OF TRANSPORTATION
MICHAEL F. EASLEY LY IDO - ,VETT
GOVERNOR SECRETARY
October 17, 2007
MEMO TO: File
FROM: Brad Smythe, PE, Project Planning Engineer
Project Development and Environmental Ana is Branch
SUBJECT: Concurrence Point 2A Meeting Minutes for TIP Project U-3419
The NEPA/404 Concurrence Point 2A Bridging Decisions and Alignment Review meeting for
U-3419 was held on September 20, 2007. Those in attendance were:
Chris Militscher EPA
Kathy Mathews EPA
Ron Lucas Federal Highway Administration
Bill Biddlecome US Army Corps of Engineers
Gary Jordan US Fish and Wildlife Service
David Wainwright NC Division of Water Quality
Travis Wilson NC Wildlife Resources Commission
Sara Winslow NC Division of Marine Fisheries
Jim Hoadley NC Division of Coastal Management
Cathy Brittingham NC Division of Coastal Management
Anne-Marie Knighton Edenton Town Manager
Stephen Yeung NCDOT - Congestion Management
Jerry Jennings NCDOT - Division I
Mohammed Mulla NCDOT - Geotechnical Unit
Jerry Snead NCDOT - Hydraulics
Tony Houser NCDOT - Roadway Design
Jason Talley NCDOT - Roadway Design
Quang Nguyen NCDOT - Structure Design
Tom Stoddard NCDOT - TIP Unit
Kerry Vallant NCDOT - Transportation Planning Branch
Jamelle Robbins NCDOT - Human Environment Unit
Elizabeth Lusk NCDOT - Natural Environment Unit
Chris Rivenbark NCDOT - Natural Environment Unit
Brad Smythe NCDOT - Project Development and Environmental Analysis
Rob Hanson NCDOT - Project Development and Environmental Analysis
Charles Cox NCDOT - Project Development and Environmental Analysis
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone] TRANSPORTATION BUILDING
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET
1548 MAIL SERVICE CENTER WEBSITE. WWW.DOH.DOT.STATE.NC.US RALEIGH NC
RALEIGH NC 27699-1548
Pre-CP2A Field Meeting
Merger team members and NCDOT representatives met in the field on September 13 to
view the wetland and stream locations to be discussed at the Concurrence Point 2A meeting. The
group visited five sites, corresponding to the major hydraulic locations and one additional
wetland impact area with high impacts.
For all the sites considered major drainage systems, NCDOT hydraulic recommendations
called for culverts. The fifth site was not a major drainage system but the Soundside alternative
has a large impact area in this wetland. After reviewing the sites in the field, the agencies
represented asked NCDOT to investigate minimum length bridges at two locations, Site 1 and
Site 3. Site 1 is an unnamed tributary of Queen Anne's Creek and Site 3 is a crossing of Queen
Anne's Creek itself.
NEPA/404 Concurrence Point 2A Meeting
Table 3 from the merger packet was revised to show details that were discussed in the
field and provide a comparison of costs/ wetland acres impacted for sites where bridging is being
considered. 'Copies of this table were distributed at the meeting. A copy of this table is attached
to this memo.
Mr. Biddlecome started the meeting by introducing the project. After introductions and
the distribution of the revised Table 3, Mr. Smythe reviewed the project history and provided a
brief description of each of the three current alternatives. The discussion then moved into the
discussion of bridging decisions. The group went through the five sites reviewed in the field and
came to an agreement on each one before proceeding on.
Some of the wetland sites listed in Table 2 of the concurrence packet were not visited in
the field because they had small impacts and were not considered major hydraulic locations. All
wetland sites along the creek were rated the same.
The sites that were visited are noted below:
Site 1: Most of the discussion was at Site 1. The wetland at this site is high quality with a
well-defined channel. This tributary enters Queen Anne's Creek downstream of the riser-
board structure located in the creek. The hydraulic recommendation for this crossing was
dual 8' x 5' reinforced concrete box culverts (RCBC). Discussion in the field indicated that
the addition of equalizer pipes would make this recommendation acceptable. At the end of
the field meeting Mr. Biddlecome asked if NCDOT would look at a minimum length bridge
(approximately 140') at this location. After completing cost estimates for a minimum length
bridge, PDEA recommended a minimum length bridge at this site. This was based on cost
estimates that included construction costs and mitigation costs associated with wetland and
stream impacts. The estimates show that the cost of the bridge is slightly less than the cost of
the culvert at this location, though future maintenance was not taken into account. The
merger team concurred with- this recommendation.
2
Site 2: Site 2 is a wetland area associated with Queen Anne's Creek. There is no well-
defined channel in this area. The hydraulic recommendation was a 10' x 6' RCBC with the
addition of equalizer pipes. The merger team concurred with this recommendation.
Site 3: TIP Project B-4463, replacement of the existing bridge on NC 32 over Queen Anne's
Creek, is scheduled to go to Let in January of 2011. The site 3 crossing of Queen Anne's
Creek is upstream of the bridge replacement and is also upstream of the riser-board structure
in place under a farm road in the area. There was a question of the legality of the riser, but
Mr. Wainwright found a copy of the permit, and it is indeed legal. A large portion of the
wetland along the creek has been recently clear-cut. This appears to have a negative effect on
the quality of the overall wetland system, though the portion of the corridor along the creek
remains intact and of high quality. Initial hydraulic recommendation for this site was a dual
8' x 6' RCBC, but after comment from the agencies, NCDOT proposed a minimum length
bridge at this site. A bridge of approximately 120' meets this purpose and may, in fact,
bridge all of the effective high quality wetland in this location. The merger team concurred
with this recommendation.
Site 4: Site 4 was also a crossing of Queen Anne's Creek but is located farther upstream. At
the field meeting, the group agreed with the NCDOT recommendation of a 9' x 6' RCBC at
this location. Ms. Brittingham (who wasn't present at the field meeting) was initially
concerned with the agreement of a culvert at this location since DOT had previously
indicated a commitment to look at bridging all high quality wetland systems. This site is near
the upper reaches of Queen Anne's Creek, and has the smallest drainage area of the major
sites at 0.8 square miles. It should be noted that all of the wetlands around Queen Anne's
Creek were given the same DWQ score of 82. There is some decrease in the actual quality of
the wetland as you go upstream which is not indicated in the wetland score. The merger team
then concurred with this recommendation.
Site 5: Unlike the previous four sites, site 5 was part of Wetland 2, a lower quality system in
the northeast part of the study area, not connected to the Queen Anne Creek system. This
system is not a major hydraulic conveyance, so NCDOT recommends no culvert or bridge.
Once hydraulic designs are done, pipes may be constructed along this alternative in order to
maintain existing drainage patterns. This can be addressed at the 4B meeting, per Mr. Snead.
There were no other comments for this location. The merger team concurred with this
recommendation.
Alternatives Discussion
At the end of the Concurrence Point 2 meeting in 2003, there were six alternatives
remaining. These included Paradise Road, Peanut Lane, and Soundside Western. These were to
be considered as fully controlled access, both with and without service roads. The purpose of the
service roads was to provide access for large property parcels whose access was being cut off by
the new road. NCDOT decided that the service road alternatives were not necessary because
access to most parcels could be-provided off of adjacent, existing roads. NCDOT recommends
3
that the three alternatives (Paradise, Peanut, and Soundside) be carried forward in the
Environmental Assessment and to the Public Hearing. There were no comments against this.
Summary
Results from this meeting, with regards to bridging options, are compiled in a short table,
which is shown on the signature sheet. In addition, the alternatives to be carried forward are also
shown on the signature sheet. An Environmental Assessment document for this project is
scheduled for completion in the Fall of 2007, and a public hearing will be held in the Spring of
2008.
BDS/bds
Cc: Meeting attendees
Ron Sechler, NMFS
Adrian Cox, Albemarle RPO
4
Section 404/NEPA Interagency Merger Agreement
Extension of NC 94 (Soundside Road) from NC 32 to US 17 Bypass,
Chowan County, TIP Project U-3419, State Project 8.2030301, Federal Aid
Project STP-1114(2)
Concurrence Point No. 2A Bridging Decisions & Alignment Review
Bridging Decisions:
Site Description Alts. Bridging Solution
1 Unnamed Tributary to QAC #1 All minimum length bridge
(140')
2 Unnamed Tributary to QAC #1 A All 1 @ 10' x 6' RCBC w/ 48"
equalizer pipes
3 Queen Anne's Creek Paradise minimum length bridge
(120')
-4- 1 Queen Anne's Creek Peanut 1 9' x 6' RCBC
Alignment Reivew:
The project team has concurred with the bridging alternatives as described above.
In addition, the team concurs that the three alternatives, Paradise, Peanut, and Soundside,
will be carried forward to the public hearing.
NAME

AGENCY DATE
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" TO:I M+. John Hennessy BLDG. ,
?# 1650
FROM: BLDG..

ACTION
? NOTE AND FILE - ? PER OUR CONVERSATION
?. NOTE AND RETURN -TO ME ? PER YOUR REQUEST
--
E3 RETURN WITN MORE DETAILS ? F o YOUR APPROVAL
- E3 NOTE AND SEE ME ABOUT THIS B12 FOR YOUR INFORMATION
?. PLEASE ANSWER. ? FOR YOUR COMMENTS
? PREPARE REPLY FOR MY SIGNATURE "..? SIGNATURE
? TAKE APPROPRIATE -ACTION - ? INVESTIGATE AND'`REPORT i
COMMENTS: ..
N. C. DEPARTMENT OF TRANSPORTATION
T

?d??Aao
STATE OF NORTH CAROLINA
4?T0Rk??? .,
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDo TIPPETT
GOVERNOR SECRETARY
October 10, 2007
MEMORANDUM
TO: Secretary Lyndo Tippett
l
FROM: Kimberly D. Hinton
Senior Public Hearing Officer
Human Environment Unit
RE: Notice of a Public Hearing on Howell Mill Road (SR 1184) from
Russ Avenue (US 276) to Asheville Avenue (US 23 Business)
Haywood County.
The following Notice is furnished for your information:
U-4412 This project proposes to improve Howell Mill Road from Russ Avenue
to Asheville Avenue.
KDH/cdh
Attachment
cc: Mr. Conrad Burrell, Board of Transportation Member- Div. 14
Mr. Steve Varnedoe, P.E.
Mr. A. D. Allison, 11.
Ms. Deborah M. Barbour, P.E.
Mr. C. W. Leggett, P.E.
Mr. Majed Al-Ghandour, P.E.
Mr. Bill Rosser
Mr. Greg Thorpe
Mr. Rob Hanson, P.E.
Ms. Teresa Hart, P.E.
Mr. Art McMillan, P.E.
Mr. Jay Bennett, P.E.
Mr. J.' Victor Barbour, P.E.
Mr. Kevin Lacy, P.E.
Ms. Sharon Lipscomb
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone] PARKER LINCOLN BLDG
HUMAN ENVIRONMENT UNIT 2728 CAPITAL BLVD
1583 MAIL SERVICE CENTER WEBSITE: WWW.N000T.ORG RALEIGH NC
RALEIGH NC 27699-1583

Ms. Tammy Denning
Mr. Everett Ward
Mr. Mike Bruff, P.E.
Mr. John Hennessy
Mr. Charles Brown, P.E., PLS
Mr. Teddy Greene, Right of Way Agent - Division 14
FHWA
NOTICE OF A PUBLIC HEARING ON HOWELL MILL ROAD (SR 1184)
FROM RUSS AVENUE (US 276) TO ASHEVILLE ROAD (US 23 BUSINESS)
TIP Project No. U-4412
Haywood County
The North Carolina Department of Transportation (NCDOT) will hold a
Design Public Hearing on November 15, 2007 between the hours of 4:00 p.m.
and 7:00 p.m. at the Waynesville Recreational Center, 550 Vance Street,
Waynesville, 28786.
NCDOT representatives will be available in an informal setting to answer
questions and receive comments relative to the proposed project. The
opportunity to submit written comments or questions will also be provided.
Interested citizens may attend at any time during the above mentioned hours.
Please note there will be no formal presentation.
NCDOT proposes to make improvements to Howell Mill Road (SR 1184)
from Russ Avenue (US 276) to Asheville Road (US 23 Business). The proposed
project would correct the existing two-lane roadway deficiencies and upgrade the
roadway to current design standards. The NCDOT also proposes to construct a
railroad grade separation with an improved alignment over the Norfolk Southern
Railway to eliminate train-car conflicts.
A map setting forth the design of the project and a copy of the
environmental document - Environmental Assessment (EA) - are available for
public review at the Waynesville Recreational Center, 550 Vance Street,
Waynesville, 28786; the Town of Waynesville Administration Department, 16
South Main Street, Waynesville, 28786; and the NCDOT's Division Office located
at 253 Webster Road, Sylva, 28779.
Anyone desiring additional information may contact Ms. Kimberly Hinton,
Human Environment Unit at 1583 Mail Service Center, Raleigh, NC 27699-1583,
phone [phone], fax [phone], or email khinton(@-dot. state. nc.us.
Additional comments may be submitted until November 30, 2007.
NCDOT will provide auxiliary aids and services under the Americans with
Disabilities Act for disabled persons who wish to participate in this hearing.
Anyone requiring special services should contact Ms. Hinton as early as possible
so that arrangements can be made.
STATE OF NORTH CAROLINA ?"" "At:rRhtU;???g9P?CH
DEPARTMENT OF TRANSPORTATION ??
MICHAEL F. EASLEY LYNDo TIPPETT
GOVERNOR SECRETARY
Mr. Brian Wrenn
NCDWQ
1650 Mail Service Center
Raleigh, NC 27699-1650
October 11, 2007
SUBJECT: EEP Mitigation Acceptance Letter for TIP R-2408A.
Dear Sir:
Please find the attached EEP mitigation acceptance letter for TIP Project R-2408A. EEP
has agreed to provide compensatory stream mitigation for 167 ft. of permanent impacts
attributed to this project.
If you have any questions, or need additional information, please contact me at 919-715-
5535.
Sincer y,
1
I >
Jas L. Dilday
N OT Environmental Specialist
MAILING ADDRESS:
NC DEPARTMENT OF TRANSPORTATION
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS
1598 MAIL SERVICE CENTER
RALEIGH NC 27699-1598
TELEPHONE: [phone]
FAX: [phone]
WEBSITE: WWW.DOH.DOT.STATE.NC.US
LOCATION:
2728 CAPITOL BOULEVARD
PARKER LINCOLN BUILDING, SUITE 168
RALEIGH NC 27699
RECEIVED
C CT 9 2001
&os stem
PROGRAM
October 5, 2007
Mr. Gregory J. Thorpe, Ph.D.
Environmental Management Director
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Dr. Thorpe:
Subject: EEP Mitigation Acceptance Letter:
`MWOF HOMYS
OMME1M O W
R-2408A, Improve SR 1323 (Riverview St) from US 441 Bus. To
NC 28
The purpose of this letter is to notify you that the Ecosystem Enhancement
Program (EEP) will provide the compensatory stream mitigation for the subject project.
Based on the information supplied by you on September 28, 2007, the impacts are located
in CU 06010202 of the Little Tennessee River Basin in the Southern Mountains (SM)
Eco-Region, and are as follows:
Cool Stream: 167 ft.
EEP commits to implementing sufficient compensatory wetland mitigation to
offset the impacts associated with this project by the end of the MOA Year in which this
project is permitted, in accordance with Section X of the Amendment No. 2 to the
Memorandum of Agreement between the North Carolina Department of Environment and
Natural Resources, the North Carolina Department of Transportation, and the U. S. Army
Corps of Engineers, fully executed on March 8, 2007. If the above referenced impact
amounts are revised, then this mitigation acceptance letter will no longer be valid and a
new mitigation acceptance letter will be required from EEP.
If you have any questions or need additional information, please contact Ms. Beth
Harmon at 919-715-1929.
Sincerely,

William D. Gilmore, P.E.
EEP Director
cc: Mr. David Baker, USACE-Asheville Field Office
Mr. John Hennessy, Division of Water Quality, Wetlands/401 Unit
File: R-2408

MEMORANDUM
October 1, 2007
TO: Secretary Lyndo Tippett
FROM: Eileen A. Fuchs Z
Public Hearing Officer
Human Environment Unit
LYNDo TIPPETT
SECRETARY
RE: Notice of a Citizens Informational Workshop for the Improvements to
Smith Level Road (SR 1919) from south of Rock Haven Road to Bridge No. 88
over Morgan Creek
TIP Project No. U-2803 Orange County
The following Notice is furnished for your information:
U-2803 This project proposes to improve Smith Level Road from south of Rock Haven
Road to Bridge No. 88 over Morgan Creek.
EAF/cdh
Attachment
cc: Mr. J. Douglas Galyon, Board of Transportation Member - Division 7
Mr. Steve Varnedoe, P.E.
Mr. A. D. Allison, II
Ms. Deborah M. Barbour, P.E.
Mr. C. W. Leggett, P.E.
Mr. Majed Al-Ghandour, P.E.
Mr. Bill Rosser
Mr. Greg Thorpe, Ph.D.
Mr. Rob Hanson, P.E.
Ms. Teresa Hart, P.E.
Mr. Eric Midkiff, P.E.
Mr. Art McMillan, P.E.
Mr. Jay Bennett, P. E.
Mr. J. Victor Barbour, P.E.
LTyv M STATE o
N ?
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
MAILING ADDRESS:
NC DEPARTMENT OF TRANSPORTATION
HUMAN ENVIRONMENT UNIT
1583 MAIL SERVICE CENTER
RALEIGH NC 27699-1583
TELEPHONE: [phone]
FAX: [phone]
WEBSITE: WWW.NCDOT.ORG
/0 4 /
o ?`?pb
CT
.2 0>
LOCATION:
PARKER LINCOLN BLDG
2728 CAPITAL BLVD
RALEIGH NC
Mr. Kevin Lacy, P.E.
Ms. Sharon Lipscomb
Ms. Tammy Denning
Mr. Everett Ward
Mr. Mike Bruff, P.E.
Mr. John Hennessy
Mr. Charles Brown, P.E., PLS
Mr. Ritchie Tuttle, Right of Way Agent - Division 7
FHWA

NOTICE OF A CITIZENS INFORMATIONAL WORKSHOP
FOR THE PROPOSED TRANSPORTATION IMPROVEMENTS TO
SMITH LEVEL ROAD (SR 1919) FROM SOUTH OF ROCK HAVEN ROAD TO
BRIDGE NO. 88 OVER MORGAN CREEK
TIP Project No. U-2803
Orange County
The North Carolina Department of Transportation (NCDOT) together with
the Town of Carrboro will hold the above Citizens Informational Workshop on
November 5, 2007, between the hours of 4:30 p.m. and 7:30 p.m. in the Carrboro
High School Cafe Commons, 201 Rock Haven Road, Carrboro, 27510.
Interested individuals may attend this informal workshop at their convenience
during the above stated hours. Please note there will be no formal presentation.
The purpose of this workshop is for NCDOT representatives to provide
information, answer questions, and accept written comments regarding this project.
NCDOT proposes the following improvements to Smith Level Road:
? widen the northern section (between Morgan Creek and Bpw's Club Road)
to a four-lane divided roadway
? widen the central section (between Bpw's Club Road and Culbreth Road)
to where four lanes would transition to three lanes
? widen the southern section (between Culbreth Road and Rock Haven
Road) to a three-lane roadway with a central turning lane
? install a roundabout at the intersection of Rock Haven Road
? install sidewalks and bicycle accommodations throughout the length of the
project
The purpose of the project is to increase capacity, improve bicycle and
pedestrian access and to improve vehicle and pedestrian safety.
Anyone desiring additional information may contact Mr. Steve L. Brown,
Project Development and Environmental Analysis Branch at 1548 Mail Service
Center, Raleigh, NC 27699-1548, phone [phone], fax [phone] or
email: slbrown(aD_dot.state. nc.us.
NCDOT will provide auxiliary aids and services under the Americans with
Disabilities Act for disabled persons who wish to participate in this workshop.
Anyone requiring special services should contact Mr. Brown as early as possible
so that arrangements can be made.
J Z
STATE OF NORTH CAROLINA
CT ©8 ?O
r'4NOc V1' ZO
?Hn wq?F,... 0/>
DEPARTMENT OF TRANSPORTATION `ro ?Rry
MICHAEL F. EASLEY LYNDO TIPPETTo
GOVERNOR SECRETARY
October 1, 2007
MEMORANDUM
TO: Secretary Lyndo Tippett
FROM: Ed Lewis
Public Hearing Officer
Human Environment Unit
RE: Notice of a Combined Public Hearing for Improvements to SR 1406
(Piney Green Road) from NC 24 To US 17
TIP Project No. U-3810, Onslow County
The following Notice is furnished for your information:
U-3810 This project proposes to improve Piney Green Road from NC 24 To US 17.
EL/cdh
Attachment
cc: Mr. Lanny T. Wilson, Board of Transportation Member - Division 3
Mr. Louis W. Sewell, Jr., At-Large Member - Division 3
Mr. Steve Varnedoe, P.E.
Mr. A. D. Allison, II
Ms. Deborah M. Barbour, P.E.
Mr. C.W. Leggett, P.E.
Mr. Majed Al-Ghandour, P.E.
Mr. Bill Rosser
Mr. Greg Thorpe
Mr. Rob Hanson, P.E.
Ms. Teresa Hart, P. E.
Mr. Art McMillan, P.E.
Mr. Jay Bennett, P.E.
Mr. J.Victor Barbour, P.E.
Mr. Kevin Lacy, P.E.
Ms. Sharon Lipscomb
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone] PARKER LINCOLN BLDG
HUMAN ENVIRONMENT UNIT 2728 CAPITAL BLVD
1583 MAIL SERVICE CENTER WEBSITE. WWW.NCDOT.ORG RALEIGH NC
RALEIGH NC 27699-1583
Ms. Tammy Denning
Mr. Everett Ward
Mr. Mike Bruff, P.E.
Mr. John Hennessy
Mr. Charles Brown, P.E., PLS
Mr. Hugh Thompson, Jr., Right of Way Agent - Division 3
FHWA
NOTICE OF A PRE-HEARING OPEN HOUSE AND FORMAL COMBINED PUBLIC
HEARING FOR PROPOSED TRANSPORTATION IMPROVEMENTS TO
SR 1406 (PINEY GREEN ROAD) FROM NC 24 TO US 17
TIP Project No. U-3810
Onslow County
The North Carolina Department of Transportation (NCDOT) will hold a Pre-
Hearing Open House and Formal Combined Public Hearing on Thursday, November
8, 2007 in the Cultural Arts Building Auditorium at White Oak High School, 1001 Piney
Green Road, Jacksonville, 28546.
NCDOT representatives will be available at the Pre-Hearing Open House
between the hours of 4:30 p.m. and 6:30 p.m. to answer questions and receive
comments relative to the location and design of the proposed project. Interested
citizens may attend at any time during the above mentioned hours.
The formal Public Hearing will begin at 7:00 p.m. The hearing will consist of an
explanation of the proposed location, design, the State-Federal relationship, right of way,
and relocation requirements and procedures. The hearing will be open to those present
for statements, questions and comments. The presentation and comments will be
recorded and a transcript will be prepared.
NCDOT proposes to widen and partially realign SR 1406 (Piney Green Road)
to a four lane median divided curb & gutter roadway with wide outside lanes to
accommodate bicycles. The purpose of the project is to improve safety and traffic
flow along Piney Green Road. There are two alternatives considered. Widening will
occur on the west side or symmetrically. Preliminary designs for these options will be
presented at the hearing for public comments. Additional right of way and the
relocation of homes and businesses will be required for this project.
A map displaying the location and design of the project and a copy of the
environmental document - Environmental Assessment (EA) - are available for public
review at the Jacksonville City Hall in the Planning Department located at 815 New
Bridge Street, Jacksonville, 28540 and at the NCDOT District Office located at 295-A
Wilmington Highway, Jacksonville, 28540. The map is also available on the City of
Jacksonville's website: www.ci.iacksonville.nc.us
Additional copies of the Environmental Assessment (EA) are available for
viewing at the Onslow County Public Library Main Branch, 58 Doris Avenue East,
Jacksonville, 28540.
Anyone desiring additional information may contact Mr. Ed Lewis, 1583 Mail
Service Center, Raleigh, 27699-1583, by phone at [phone], fax at (919) 715-
1501, or E-mail at elewisCaD-dot.state. nc.us. Additional comments may be submitted
until December 7, 2007.
NCDOT will provide auxiliary aids and services under the Americans with
Disabilities Act for disabled persons who wish to participate in this hearing. Anyone
requiring special services should contact Mr. Lewis as early as possible so that
arrangements can be made.
01
Ecosvstem rA?;J
PROGRAM
October 9, 2007
Mr. Gregory J. Thorpe, Ph.D.
Environmental Management. Director
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Dr. Thorpe:
Subject: EEP Mitigation Acceptance Letter:
0
o
R-250213, Widening of US 1 from SR 1528 to Existing Facility in
Richmond County, Moore and Richmond Counties
The purpose of this letter is to notify you that the Ecosystem Enhancement
Program (EEP) will provide the compensatory riparian and nonriparian wetland
mitigation for the subject project. Based on the information supplied by you on October
1, 2007, the impacts are located in CU 03040203 of the Lumber River Basin in the
Southern Piedmont (SP) Eco-Region, and are as follows:
Riparian Wetlands: 5.18 acres
This mitigation acceptance letter replaces the mitigation acceptance letter
issued August 21, 2007. EEP commits to implementing sufficient compensatory
wetland mitigation to offset the impacts associated with this project by the end of the
MOA Year in which this project is permitted, in accordance with Section X of the
Amendment No. 2 to the Memorandum of Agreement between the North Carolina
Department of Environment and Natural Resources, the North Carolina Department of
Transportation, and the U. S. Army Corps of Engineers, fully executed on March 8, 2007.
If the above referenced impact amounts are revised, then this mitigation acceptance letter
will no longer be valid and a new mitigation acceptance letter will be required from EEP.
Ji
Ecpsystem
PROGRAM
October 9, 2007
Mr. Gregory J. Thorpe, Ph.D.
Environmental Management Director
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Dr. Thorpe:
Subject: EEP Mitigation Acceptance Letter:
R-250213, Widening of US 1 from SR 1528 to Existing Facility in
Richmond County, Moore and Richmond Counties
The purpose of this letter is to notify you that the Ecosystem Enhancement
Program (EEP) will provide the compensatory riparian and nonriparian wetland
mitigation for the subject project. Based on the information supplied by you on October
1, 2007, the impacts are located in CU 03040203 of the Lumber River Basin in the
Southern Piedmont (SP) Eco-Region, and are as follows:
Riparian Wetlands: 5.18 acres
This mitigation acceptance letter replaces the mitigation acceptance letter
issued August 21, 2007. EEP commits to implementing sufficient compensatory
wetland mitigation to offset the impacts associated with this project by the end of the
MOA Year in which this project is permitted, in accordance with Section X of the
Amendment No. 2 to the Memorandum of Agreement between the North Carolina
Department of Environment and Natural Resources, the North Carolina Department of
Transportation, and the U. S. Army Corps of Engineers, fully executed on March 8, 2007.
If the above referenced impact amounts are revised, then this mitigation acceptance letter
will no longer be valid and a new mitigation acceptance letter will be required from EEP.
-Eco stem
PROGRAM
October 9, 2007
Mr. Richard Spencer
U. S. Army Corps of Engineers
Wilmington Regulatory Field Office
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Dear Mr. Spencer:
Subject: EEP Mitigation Acceptance Letter (revised):
R-250213, Widening US 1 from SR 1528 to Existing Facility in
Richmond County, Richmond and Moore Counties; Lumber River Basin
(Cataloging Unit 03040203); Southern Piedmont (SP) Eco-Region
The purpose of this letter is to notify you that the Ecosystem Enhancement Program
(EEP) will provide the compensatory riparian and nonriparian mitigation for the unavoidable
impact associated with the above referenced project. As indicated in the NCDOT's mitigation
request dated October 1, 2007, compensatory riparian mitigation from EEP is required for
approximately 5.18 acres of impacts.
This mitigation acceptance letter replaces the mitigation acceptance letter issued
October 5, 2007. Compensatory wetland mitigation associated with this project will be provided
in accordance with Section X of the Amendment No. 2 to the Memorandum of Agreement
between the N. C. Department of Environment and Natural Resources, the N. C. Department of
Transportation, and the U. S. Army Corps of Engineers fully executed on March 8, 2007 (Tri-
Party MOA). EEP commits to implement sufficient compensatory riparian and nonriparian
wetland mitigation up to 5.90 riparian and 4.46 nonriparian wetland credits to offset the impacts
associated with this project by the end of the MOA year in which this project is permitted. If the
above referenced impact amounts are revised, then this mitigation acceptance letter will no longer
be valid and a new mitigation acceptance letter will be required from EEP.
If you have any questions or need additional information, please contact Ms. Beth
Harmon at 919-715-1929.
JEE ce rely,
lliam . Gi mor , P.E.
P Dir for
cc: Mr. Gregory J. Thorpe, Ph.D., NCDOT-PDEA
Mr. John Hennessy, Division of Water Quality, Wetlands/401 Unit
File: R-2502B Revised
c® stemy:
PROGRAM
Mr. Bill Biddlecome
U. S. Army Corps of Engineers
Washington Regulatory Field Office
Post Office Box 1000
Washington, North Carolina 27889-1000
Dear Mr. Biddlecome:
September 20, 2007
Subject: EEP Mitigation Acceptance Letter:
T??osr?? I s t% ^?.
B-4226, Replace Bridge Number 62 on SR 1110 over Bear Swamp
Canal, Perquimans County; Pasquotank River Basin (Cataloging Unit
03010205); Northern Outer Coastal Plain (NOCP) Eco-Region
The purpose of this letter is to notify you that the Ecosystem Enhancement Program
(EEP) will provide the riparian wetlan; rn. itigation for the unavoidable impact associated with the
above referenced project. As indicated in the NCDOT's mitigation request dated September 10,
2007, the riparian wetland mitigation from EEP !? required for approximately 0.19 acre of
riparian wetland impact.
Riparian wetland mitigation; associated with this project will be provided in accordance
with Section X of the Amendment No. 2 to the Memorandum of Agreement between the N. C.
Department of Environment and Natural Resources, the N. C. Department of Transportation, and
the U. S. Army Corps of Engineers fully executed on March 8, 2007 (Tri-Party MOA). EEP
commits to implement sufficient 0.38 riparian wetland credits to offset the impacts associated
with this project by the end of the MOA year in which this project is permitted. If the above
referenced impact amounts are revised, then this mitigation acceptance letter will no longer be
valid and a new mitigation acceptance letter will he required from EEP.
If you have any questions or need additional information, please contact Ms. Beth
Harmon at 919-715-1929.
Sincerely,
Willi D. Gilmore, P.E.
EEP Director
cc: Mr. Gregory J. Thorpe, Ph.D., NCDOT-PDEA
Mr. John Hennessy, Division of Water Quality, Wetlands/401 Unit
File: B-4226
AMA
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
_.qos stem J.
?
PROGRAM
September 21, 2007
Mr. Gregory J. Thorpe, Ph.D.
Environmental Management Director
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
'Dear Dr. Thorpe:
Subject: EEP Mitigation Acceptance Letter:
B-4226, Replace Bridge Number 62 on SR 1100 over Bear Swamp
Canal, Perquimans County
The purpose of this letter is to notify you that the Ecosystem Enhancement
Program (EEP) will provide the compensatory riparian wetland mitigation for the subject
project. Based on the information supplied by you on September 10, 2007, the impacts
are located in CU 03010205 of the Pasquotank River Basin in the Northern Outer Coastal
Plain (NOCP) Eco-Region, and are as follows:
Riparian Wetland: 0.19 acre
EEP commits to implementing sufficient compensatory riparian wetland
mitigation to offset the impacts associated with this project by the end of the MOA Year
in which this project is permitted, in accordance with Section X of the Amendment No. 2
to the Memorandum of Agreement between the North Carolina Department of
Environment and Natural Resources, the North Carolina Department of Transportation,
and the U. S. Army Corps of Engineers, fully executed on March 8, 2007. If the above
referenced impact amounts are revised, then this mitigation acceptance letter will no
longer be valid and a new mitigation acceptance letter will be required from EEP.
..???'^:.?? w3,\CDLN
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.n(eep.net
If you have any questions or need additional information, please contact Ms. Beth
Harmon at 919-715-1929.
Sincerely,
Will D. Gilmore, P.E.
EEP Director
cc: Mr. Bill Biddlecome, USACE - Washington
Mr. John Hennessy, Division of Water Quality, Wetlands/401 Unit
File: B-4226
PROGRAM
August 21, 2007
Mr. Steve Lund
U. S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Dear Mr. Lund:
Subject: EEP Mitigation Acceptance Letter:
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R-2320G, US 52 Extension from the Intersection of US 52/NC 73/
NC24/27 and NC 138 to the Intersection of US 52 and SR 1785 (Johns
Road), Stanly County; Yadkin River Basin (Cataloging Unit 03040105);
Southern Piedmont (SP) Eco-Region
The purpose of this letter is to notify you that the Ecosystem Enhancement Program
(EEP) will provide the compensatory stream mitigation for the unavoidable impact associated
with the above referenced project. As indicated in the NCDOT's mitigation request dated August
7, 2007, compensatory stream mitigation from EEP is required for approximately 948 feet of
warm stream impact.
Compensatory stream mitigation associated with this project will be provided in
accordance with Section X of the Amendment No. 2 to the Memorandum of Agreement between
the N. C. Department of Environment and Natural Resources, the N. C. Department of
Transportation, and the U. S. Army Corps of Engineers fully executed on March 8, 2007 (Tri-
Party MOA). EEP commits to implement sufficient compensatory stream mitigation up to 1,896
warm stream credits to offset the impacts associated with this project by the end of the MOA year
in which this project is permitted. If the above referenced impact amounts are revised, then this
mitigation acceptance letter will no longer be valid and a new mitigation acceptance letter will be
required from EEP.
If you have any questions or need additional information, please contact Ms. Beth
Harmon at 919-715-1929.
Sincerely,
?.
William . Gilmore P.E.
EEP Director
cc: Mr. Gregory J. Thorpe, Ph.D., NCDOT-PDEA
Mr. John Hennessy, Division of Water Quality, Wetlands/401 Unit
File: R-2320G
As A
NCDENR
North Carolina Ecosystem Enhancement Program, 16S2 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
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PROGRAM
August 21, 2007
Mr. Gregory J. Thorpe, Ph.D.
Environmental Management Director
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Dr. Thorpe:
Subject: EEP Mitigation Acceptance Letter:
R-2320G, Albemarle - US 52 Extension from the Intersection of
US 52/ NC73/NC 24/27 and NC 138 to the Intersection of US 52
and SR 1785 (Johns Road), Stanly County
The purpose of this letter is to notify you that the Ecosystem Enhancement
Program (EEP) will provide the compensatory stream mitigation for the subject project.
Based on the information supplied by you on August 7, 2007, the impacts are located in
CU 03040105 of the Yadkin River Basin in the Southern Piedmont (SP) Eco-Region, and
are as follows:
Warm Stream: . 948 feet
EEP commits to implementing sufficient compensatory stream mitigation to
offset the impacts associated with this project by the end of the MOA Year in which this
project is permitted, in accordance with Section X of the Amendment No. 2 to the
Memorandum of Agreement between the North Carolina Department of Environment and
Natural Resources, the North Carolina Department of Transportation, and the U. S. Army
Corps of Engineers, fully executed on March 8, 2007. If the above referenced impact
amounts are revised, then this mitigation acceptance letter will no longer be valid and a
new mitigation acceptance letter will be required from EEP.
©A
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-047
6 / www.nceep.net
If you have any questions or need additional information, please contact Ms. Beth
Harmon at 919-715-1929.
Sincerely,
Willis . Gilmore, P.E.
EEP Director
cc: Mr. Steve Lund, USACE - Asheville
Mr. John Hennessy, Division of Water Quality, Wetlands/401 Unit
File: R-2320G
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PROGRAM
August 21, 2007
Mr. William Wescott
U. S. Army Corps of Engineers
Washington Regulatory Field Office
Post Office Box 1000
Washington, North Carolina 27889-1000
Bear Mr. Wescott:
Subject: EEP Mitigation Acceptance Letter:
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B-3625, Replace Bridge Number 20 on SR 1124 over East Prong of
Broad Creek, Carteret County; White Oak River Basin (Cataloging Unit
03020106); Southern Outer Coastal Plain (SOCP) Eco-Region
The purpose of this letter is to notify you that the Ecosystem Enhancement Program
(EEP) will provide the compensatory riparian wetland mitigation for the unavoidable impact
associated with the above referenced project. As indicated in the NCDOT's mitigation request
dated July 27, 2007, compensatory riparian wetland mitigation from EEP is required for
approximately 0.13 acre of riparian wetland impacts.
Compensatory riparian wetland mitigation associated with this project will be provided in
accordance with Section X of the Amendment No. 2 to the Memorandum of Agreement between
the N. C. Department of Environment and Natural Resources, the N. C. Department of
Transportation, and the U. S. Army Corps of Engineers fully executed on March 8, 2007 (Tri-
Party MOA).- EEP commits to implement sufficient compensatory stream mitigation up to 0.26
riparian wetland credits to offset the impacts associated with this project by the end of the MOA
year in which this project is permitted. If the above referenced impact amounts are revised, then
this mitigation acceptance letter will no longer be valid and a new mitigation acceptance letter
will be required from EEP.
If you have any questions or need additional information, please contact Ms. Beth
Harmon at 919-715-1929.
Sincerely, 1D .
William ilmore, P.E.
EEP Director

cc: Mr. Gregory J. Thorpe, Ph.D., NCDOT-PDEA
Mr. John Hennessy, Division of Water Quality, Wetlands/401 Unit
File: B-3625
eN
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
stem
Eco!
PROGRAM
August 21, 2007
Mr. Gregory J. Thorpe, Ph.D.
Environmental Management Director
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Dr. Thorpe:
Subject: EEP Mitigation Acceptance Letter:
B-3625, Replace Bridge Number 20 on SR 1124 over East Prong
of Broad Creek, Carteret County
The purpose of this letter is to notify you that the Ecosystem Enhancement
Program (EEP) will provide the compensatory riparian wetland mitigation for the subject
project. Based on the information supplied by you on July 27, 2007, the impacts are
located in CU 03020106 of the White Oak River Basin in the Southern Outer Coastal
Plain (SOCP) Eco-Region, and are as follows:
Riparian Wetlands: 0.13 acre
During the review of this request, it was noted that this project did not include any
wetland or stream impacts in the 2007 Impact Projection Database; however, EEP will
provide the requested riparian wetland mitigation. Depending on the availability and
projected need of stream mitigation in this cataloging unit, additional stream mitigation
may be required that was not included in the biennial budget submitted to NCDOT on
April 2, 2007 (revised April 16, 2007).
EEP commits to implementing sufficient compensatory riparian wetland
mitigation to offset the impacts associated with this project by the end of the MOA Year
in which this project is permitted, in accordance with Section X of the Amendment No. 2
to the Memorandum of Agreement between the North Carolina Department of
Environment and Natural Resources, the North Carolina Department of Transportation,
and the U. S. Army Corps of Engineers, fully executed on March 8, 2007. If the above
wa%_i y. 7???z,N ,,, ;.?,?m'3 r; if .:> ..J 1.9
NCDENR
North (arolina Ecosystem Enhancement Program, 1652 Mail Service (enter, Raleigh, NC 27699-1652 / 919-715-0476 / www.n(eep.net
referenced impact amounts are revised, then this mitigation acceptance letter will no
longer be valid and a new mitigation acceptance letter will be required from EEP.
If you have any questions or need additional information, please contact Ms. Beth
Harmon at 919-715-1929.
Sincerely,
-61 -3? . ?
Willi 7m
ore, P.E.
EEP Director
cc: Mr. William Wescott, USACE - Washington
Mr. John Hennessy, Division of Water Quality, Wetlands/401 Unit
File: B-3625
f; Ems X111
F
y PROGRAM
August 21, 2007
Mr. David Baker
U. S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Dear Mr. Baker:
Subject: EEP Mitigation Acceptance Letter:
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B-4197, Replace Bridge Number 73 on SR 1552 (Lake James Road) over
Dales Creek, McDowell County; Catawba River Basin (Cataloging Unit
03050101); Northern Mountains (NM) Eco-Region
The purpose of this letter is to notify you that the Ecosystem Enhancement Program
(EEP) will provide the compensatory stream mitigation for the unavoidable impact associated
with the above referenced project. As indicated in the NCDOT's mitigation request dated August
1, 2007, compensatory stream mitigation from EEP is required for approximately 167 feet of cool
stream impacts.
Compensatory stream mitigation associated with this project will be provided in
accordance with Section X of the Amendment No. 2 to the Memorandum of Agreement between
the N. C. Department of Environment and Natural Resources, the N. C. Department of
Transportation, and the U. S. Army Corps of Engineers fully executed on March 8, 2007 (Tri-
Party MOA). EEP commits to implement sufficient compensatory stream mitigation up to 334
stream credits to offset the impacts associated with this project by the end of the MOA year in
which this project is permitted. If the above referenced impact amounts are revised, then this
mitigation acceptance letter will no longer be valid and a new mitigation acceptance letter will be
required from EEP.
If you have any questions or need additional information, please contact Ms. Beth
Harmon at 919-715-1929.
Sincerely,
William . Gilmore, P.E.
EEP Director
cc: Mr. Gregory J. Thorpe, Ph.D., NCDOT-PDEA
Mr. John Hennessy, Division of Water Quality, Wetlands/401 Unit
File: B-4197
F , - tea
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
1^
Eeo stem.
PROGRAM
August 21, 2007
Mr. Gregory J. Thorpe, Ph.D.
Environmental Management Director
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Dr. Thorpe:
Subject: EEP Mitigation Acceptance Letter:
B-4197, Replace Bridge Number 73 on SR 1552 (Lake James
Road) over Dales Creek, McDowell County
The purpose of this letter is to notify you that the Ecosystem Enhancement
Program (EEP) will provide the compensatory stream mitigation for the subject project.
Based on the information supplied by you on August 1, 2007, the impacts are located in
CU 03050101 of the Catawba River Basin in the Northern Mountains (NM) Eco-Region,
and are as follows:
Cool Stream: 167 feet
During the review of this request, it was noted that this project did not include any
wetland or stream impacts in the 2007 Impact Projection Database; however, EEP will
provide the requested stream mitigation. Depending on the availability and projected
need of stream mitigation in this cataloging unit, additional stream mitigation may be
required that was not included in the biennial budget submitted to NCDOT on April 2,
2007 (revised April 16, 2007).
EEP commits to implementing sufficient compensatory stream mitigation to
offset the impacts associated with this project by the end of the MOA Year in which this
project is permitted, in accordance with Section X of the Amendment No. 2 to the
Memorandum of Agreement between the North Carolina Department of Environment and
Natural Resources, the North Carolina Department of Transportation, and the U. S. Army
Corps of Engineers, fully executed on March 8, 2007. If the above referenced impact
HCDEHR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, 'NC 27699-1652 / 919-715-0476 / www.nceep.net
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amounts are revised, then this mitigation acceptance letter will no longer be valid and a
new mitigation acceptance letter will be required from EEP.
If you have any questions or need additional information, please contact Ms. Beth
Harmon at 919-715-1929.
Sincerely,
U
Willi D. Gilmore, P.E.
EEP Director
cc: Mr. David Baker, USACE - Asheville
Mr. John Hennessy, Division of Water Quality, Wetlands/401 Unit
File: B-4197
r
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+{w y' ?. ?•."??. t..K.t?`,?w.. ikL??i..,??.KF,'3'?4*.b'? ?jf. ;'.3?Yiv
North Carolina Wildlife Resources Commission 0
MEMORANDUM
TO: Melba McGee
Office of Legislative and Intergovernmental Affairs, DENR
FROM: Travis Wilson, Highway Project Coordinator - ??
Habitat Conservation Program --?---
DATE: September 6, 2007
SUBJECT: North Carolina Department of Transportation (NCDOT) Environmental
Assessment (EA) for the proposed widening of SR 1406 in Jacksonville, Onslow
County, North Carolina. TIP No. U-3810, SCH Project No. 08-0051
Staff biologists 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 this review was to
assess project impacts to fish and wildlife resources. Our comments are provided in accordance
with certain provisions of the National Environmental Policy Act (42 U.S.C. 4332(2)(c)) and the
Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
NCDOT proposes to widen existing SR 1406 (Piney Green Rd) from NC 24 to US 17 in
Jacksonville. Two alternatives are presented in the EA. Widening to the west of existing will
impact 1,160 linear feet of stream and 2.6 acres of wetlands. Widening with a "best fit"
alignment will impact 1,195 linear feet of stream and 3.4 acres of wetlands, but will reduce
human impacts.
At this time we do not have any specific comments, we concur with the EA for this project.
We will continue to assess the impacts associated with the remaining alternatives in preparation
for the Merger 01 concurrence point 3 meeting, selection of the LEDPA and for further
avoidance and minimization measures. 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
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
Memo
David Wainwright, DWQ, Raleigh
Jennifer Frye, U.S. Army Corps of Engineers, Wilmington
Chris Militscher, EPA
September 6, 2007
®system
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PROGRAM
August 21, 2007
Mr. Richard Spencer
U. S. Army Corps of Engineers
Wilmington Regulatory Field Office
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Dear Mr. Spencer:
Subject: EEP Mitigation Acceptance Letter:
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R-2502B, Widening US 1 from SR 1528 to Existing Facility in
Richmond County, Richmond and Moore Counties; Lumber River Basin
(Cataloging Unit 03040203); Southern Piedmont (SP) Eco-Region
The purpose of this letter is to notify you that the Ecosystem Enhancement Program
(EEP) will provide the compensatory riparian and tionriparian mitigation for the unavoidable
impact associated with the above referenced project. As indicated in the NCDOT's mitigation
request dated July 11, 2007, compensatory riparian and nonriparian mitigation from EEP is
required for approximately 4.73 and 0.49 acres of impacts, respectively
Compensatory wetland mitigation associated with this project will be provided in
accordance with Section X of the Amendment No. 2 to the Memorandum of Agreement between
the N. C. Department of Environment and Natural Resources, the N. C. Department of
Transportation, and the U. S. Army Corps of Engineers fully executed on March 8, 2007 (Tri-
Party MOA). EEP commits to implement sufficient compensatory riparian and nonriparian
wetland mitigation up to 9.46 riparian and 0.98 nonriparian wetland credits to offset the impacts
associated with this project by the end of the MOA year in which this project is permitted. If the
above referenced impact amounts are revised, then this mitigation acceptance letter will no longer
be valid and a new mitigation acceptance letter will be required from EEP.
If you have any questions or need additional information, please contact Ms. Beth
Harmon at 919-715-1929.
Sincerely,
hl-
WilliD. Gilmore, P.E.
EEP Director
cc: Mr. Gregory J. Thorpe, Ph.D., NCDOT-PDEA
Mr. John Hennessy, Division of Water Quality, Wetlands/401 Unit
File: R-2502B
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-047
6 / www.nceep.net
P't NO-
-co S My.
PROGRAM
August 21, 2007
Mr. Gregory J. Thorpe, Ph.D.
Environmental Management Director
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Dr. Thorpe:
Subject: EEP Mitigation Acceptance Letter:
R-2502B, Widening of US 1 from SR 1528 to Existing Facility in
Richmond County, Moore and Richmond Counties
The purpose of this letter is to notify you that the Ecosystem Enhancement
Program (EEP) will provide the compensatory riparian and nonriparian wetland
mitigation for the subject project. Based on the information supplied by you on July 11,
2007, the impacts are located in CU 03040203 of the Lumber River Basin in the Southern
Piedmont (SP) Eco-Region, and are as follows:
Riparian Wetlands: 4.73 acres
Nonriparian Wetlands: 0.49 acre
EEP commits to implementing sufficient compensatory wetland mitigation to
offset the impacts associated with this project by the end of the MOA Year in which this
project is permitted, in accordance with Section X of the Amendment No. 2 to the
Memorandum of Agreement between the North Carolina Department of Environment and
Natural Resources, the North Carolina Department of Transportation, and the U. S. Army
Corps of Engineers, fully executed on March 8, 2007. If the above referenced impact
amounts are revised, then this mitigation acceptance letter will no longer be valid and a
new mitigation acceptance letter will be required from EEP.
l
A
NCDENR
North Carolina Ecosystem Enhancement Program, 1652-'Mail Service Center, Raleigh, NC 21699-1652 J 919-715-0476 / www.nceep.net
If you have any questions or need additional information, please contact Ms. Beth
Harmon at 919-715-1929.
Sincerely,
I Q. ,
V
William D. Gilmore, P.E.
EEP Director
cc: Mr. Richard Spencer, USACE - Wilmington
Mr. John Hennessy, Division of Water Quality, Wetlands/401 Unit
File: R-2502B
J?<tE0 ST?TFS o e?
2? yJ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4?
o Q ATLANTA FEDERAL CENTER
z or 61 FORSYTH STREET 4
3?irq< PROI9 ATLANTA, GEORGIA 30303-8960 ?r?fpps4b
August 3, 2007
Ms. Jennifer Harris, P.E.
North Carolina Turnpike Authority
1578 Mail Service Center
Raleigh, North Carolina 27699-1578
ps?A,s?rFA <'IZ
2911>
RE: USEPA Scoping Comments: -
Mid-Currituck Bridge Study; Currituck County
TIP Project Number: R-2576
Dear Ms. Harris:
The U.S. Environmental Protection Agency (EPA) Region 4 Office has reviewed
the June 20, 2007, Turnpike Environmental Agency Coordination (TEAL) information,
including the proposed purpose and need, conceptual alternatives report, and the Draft
Section 6002 Project Coordination Plan for the Mid-Currituck Bridge Study Toll project
in Currituck County. In addition, EPA has also included in this letter its comments
following the July 10, 2007, field review meeting for the proposed corridor alignments
C1 to C6.
EPA understands that scoping for the proposed Mid-Currituck Sound Bridge
began with the Federal Highway Administration (FHWA) and the North Carolina
Department of Transportation (NCDOT) in 1994. A Draft Environmental Impact
Statement (DEIS) was issued in January of 1998. The FHWA and NCTA basically
propose the same corridors (Cl to C6) that were proposed in the 1998 DEIS. Since the
issuance of the DEIS and prior to the project being turned over to the NCTA, the
proposed project was placed into the NEPA/Section 404 Merger process. According to
.EPA's tracking database, Concurrence Point 1, Purpose and Need was signed September
15, 2003.
In 2005, the North Carolina General Assembly issued Article 6H of Chapter 136
of the NC General Statutes that more specifically defined NCTA activities with respect to
toll projects. Under Section 136-89.183A, there is a requirement for an accelerated pilot
toll bridge project. The statute is very clear in requiring a contract with a single private
firm to design, obtain all necessary permits for, and construct the toll bridge described in
G.S. 136-89.183(a)(2). The bridge is to be of more than two miles in length going from
the mainland to a peninsula bordering the State of Virginia, in order to provide
accelerated, efficient, and cost-effective completion of the project. EPA and other
agencies interpreted this to mean the Mid-Currituck Bridge project, although the FHWA
and NCTA's project study area and proposed corridors are more than 10 miles from the
Virginia state border. FHWA and NCTA should confirm this interpretation.
Intemet Address (URL) • http://www.epa.gov
Recycled/Recyclable • Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer)
t
` EPA has attached to this letter specific comments on the proposed Purpose and
Need for the bridge project, the preliminary alternatives under consideration, data and
analytic needs for the NEPA review and other comments and observations from the field
review meeting (See Attachment).
J
EPA appreciates the opportunity for early comments and to highlight some of the
issues of environmental concern on this proposed toll facility under SAFETEA-LU
Section 6002. Should you have any questions or want to discuss, please feel free to
contact Chris Militscher at 919-856-4206 or me at 404-562-9611.
Sincerely,
Heinz J. Mueller, Chief.
NEPA Program Office
Cc: Clarence Coleman, FHWA
Scott McLendon, USAGE
John Hennessy, NCDWQ
Pete Benjamin, USFWS
Attachment
R-2576, Mid-Currituck Bridge Study
Currituck County, NC
Scoping Comments
Purpose and Need
The 1998 DEIS describes two general purposes for the Mid-Currituck Bridge,
including the reduction of road user costs and travel times between Currituck Countys
Outer Banks and its mainland and to provide-public services more efficiently to the Outer
Banks. In 2007, NCTA incorporated coastal hurricane evacuation of the Northern Outer
Banks into the proposed toll bridge's purpose and need statement. NCTA's consultant
provided a coastal hurricane evacuation model and report to develop evacuation
clearance times for the years 2004 and 2030 when the project was with the NCDOT.
Subsequently, modeling efforts have been updated (Referring to the April 24, 2007,
handout on important model development features) -and a hurricane evacuation analysis
has been developed (Referring to the May 16, 2007, handout time summary prepared by
D. Lewis, PBSJ).
The FHWA and FHWA have refined the original purpose and need to improving
traffic flow on the project area's thoroughfares, including US 158 and NC 12, to reducing
travel times for persons traveling between Currituck County mainland and the Currituck
County Outer Banks, and to reducing hurricane clearance time for residents and visitors
who use NC 168 and US 158 during coastal evacuation. Details of the primary purposes
for the project are included in the May 2007 Statement of Purpose and Need. EPA notes
that the statement concerning the NC General Statute Section 136-102.7 for statewide
hurricane evacuation clearance time"goal'on Page 1-4. Unfortunately, the General Statute
does not refer to the 18-hour hurricane evacuation standard as merely a goal. This
Section specifically states: Hurricane Evacuation Standard (a) Evacuation Standard =
The hurricane evacuation standard to be used for any bridge or highway construction
proiect pursuant to this Chapter shall be no more than 18.hours, as recommended by
State Emergency Management officials
EPA is concerned that this State standard, as it is currently written, is so
prescriptive that it will not allow for the FHWA and NCTA to explore a full range of
alternatives under NEPA if a proposed project does not meet the 18-hour clearance time
as it is applied to a Category 3 storm with a 75% tourist occupancy. Based upon the
current purpose and need and the alternatives under consideration by NCTA and FHWA,
none of the alternatives or a combination of alternatives strictly.meet the 18-hour
standard. There is no explanation as to how this legislated requirement might be
interpreted as a`goar or that all projects must cumulatively add to improved clearance
times for hurricane evacuation even if individually they do not meet the 18-hour standard.
Existing clearance times well exceed the 18-hour standard along portions of the Outer
Banks based upon current projections and multiple bridges, new roadways, and other
infrastructure might be required to meet the standard. EPA has requested that FHWA
obtain clarification from the N.C. General Assemblys Transportation Oversight
Committee and that this information be fully disclosed in the DEIS.
EPA has reviewed the traffic forecast data, including the Level of Service (LOS)
and Annual Average Daily Traffic (AADT) for non-summer weekday, summer weekday,
and summer weekend, for the years 2001 and 2025 (Figures 1-4 to 1-7). The project
study area is sectioned in to `links' along US 158 and NC 12. EPA notes that the LOS for
most of the US 158 links in 2001 is LOS A and B. Year 2025 projections for these same
links (#l, 2, 3, 4 and 5) from Barco to the Wright Memorial Bridge are LOS C or D.
NCTA projects that nearly all of the links will be either LOS E or F in the 2025 design
year.
Tables 1-3 and 1-4 of the Statement of Purpose and Need document provide base
(2001) and future (2025) daily traffic volumes. FHWA and NCTA are projecting a
doubling or near doubling of traffic volumes (in AADT provided by NCDOT) at most of
the links. Summer weekday and summer weekend traffic volumes are more than double
the AADT and non-summer weekday. From these traffic numbers there appears to be no
end to future traffic demand in the project study area, particularly at US 158 between the
bridge and NC 12 (Link #6), US 158 just west of the NC 12 intersection (Link #7), and
US 158 just south of NC 12 intersection (Link #8). Summer weekend traffic numbers
(>90,000 AADT) in 2025 would potentially exceed an expanded four-lane type facility at
peak hours. EPA is concerned that these projected traffic numbers from NCDOT are not
current and that there were assumptions made prior to 2001 that may not be realistic
regarding growth along the Outer Banks. Much of the growth has occurred or is
occurring now and much of the project study area along the Outer Banks, appears to be
approaching `build ouf, particularly for the upland areas. There are extensive coastal
wetlands located in the project study area that may be included in the development
estimates for future traffic projections. Permits from regulatory agencies may not allow
for as much development as was projected by NCDOT. Furthermore, EPA has concerns
that the traffic analyses appear to be based upon the`worst-cases summer weekday and
summer weekend projections. Projections were based upon the summer peak season
including the months of June, July and August (Page 1-31). Since hurricane evacuation
is such a vital component to the overall purpose and need for the proposed bridge and that
the peak hurricane season does not occur until.after the peak summer traffic months (i.e.,
After September 1"), EPA believes that the justification or need for a new bridge maybe
overestimated. This is also highlighted by the fact that the major failing links of the
overall traffic network along the Outer Banks will continue to be LOS E and F in the
2025 design year even with a new bridge (and no other improvements). EPA
recommends that traffic forecasts be updated for the base and design year in the DEIS
and that current traffic counts also be utilized.
EPA reviewed Table 1-14 regarding year 2004 and 2030 hurricane evacuation
clearance times, based upon the Category of hurricane (1-2 and 3-5) and percent
occupancy. The 2004 clearance time for a Category 3-5 storm at 75% occupancy is 25.8
hours. The projected year 2030 clearance time for a Category 3-5 storm at 75%
occupancy is 39.0 hours. EPA is uncertain as to the likelihood of a Category 3-5
hurricane prior to September I"* Most of the strongest and most damaging storms have
occurred later in the hurricane season (September and October). EPA requests that a`risk
analysis' be performed by NCTA and FHWA that documents the past recorded storm
events along the Outer Banks that met or exceeded the Category 3 status and the time
when these storms occurred. NCTA and FHWA should be able to provide a model that
includes the probability (risk) of a Category 3 storm event along the Outer Banks during
the peak summer traffic season. Table 1-14 also includes clearance times for 2030 with
the TIP projects shown in Figure 1-3. Even with all of these other 2007-2013 TIP
projects (R-4429, R-2574, R-4457, R-2404, and R-2545/2544), the year 2030 with 75%
occupancy clearance time for Category 3-5 is 35.9 hours. It is interesting to note that the
2007-2013 TIP.includes $137.5 million for the Mid-Currituck Bridge project. EPA was
informed that due to B-2500, Bonner Bridge/NC 12, even the short bridge replacement
alternative would use all of the TIP funds for the next several years for Division 1. EPA
raised questions during one of the scoping meetings regarding the funding assumptions
for a toll facility. It was explained by the NCTA consultants that are examining the
different funding scenarios that only the new bridge alternatives could be justified (i.e.,
Specifically, Alternative MCB3) for the proposed project. The DEIS needs to fully
disclose the assumptions and conditions for full funding and how the available toll
funding can fully meet the purpose and need for the project.
Alternatives Analysis
EPA has reviewed the Tune 20, 2007, information (Handout 6) concerning the
different alternatives under consideration by the FHWA and NCTA, including ER1, ER2,
MCB1; MCB2, and MCB3. Based upon EPA's review of this material, the following
comments are offered for FHWA and NCT Ns consideration:
1. An alternative of improving (i.e., Widening) Aydlett Road through Maple Swamp
needs to be analyzed in the DEIS. This alternative should investigate different
potential locations for toll plaza facilities on the mainland and bridge termini in
Aydlett rather than along US 158 as is currently proposed. NCTA has cited that
there will be significant impacts to the Aydlett community. These potential
impacts should be fully explored and examined in the DEIS
2. An investigation of alternatives for the interchanges with US 158 and NC 12 on
the Outer Banks should be examined in the DEIS. FHWA and NCTA should
perform a full analysis of alternative interchange designs in order to reduce
potential impacts to wetlands. EPA recognizes that there is a potential desire to
design a high-speed type interchange facility. However, the development
characteristics and traffic conditions along NC 12 in Currituck County do not
support this type of 'high-speed facility.
3. FHWA and NCTA need to perform a full wetlands assessment using the new
`NCWAM'functional assessment for all of the potential alternatives. Each wetland
type potentially impacted needs to be fully described and characterized in the
DEIS.
4. The DEIS should examine and analyze the operational impacts of a proposed
bridge facility on Currituck Sound. If the bridge is expected to be.ultimately a 4-
lane facility, this configuration should be assessed.
5. FHWA and NCTA should also address how stormwater will be collected and
treated from any bridge alternatives.
6. Although EPA and other agencies did not explore other termini on Bodie Island, it
is clear that each of the two sites investigated during the field meeting would have
- - -- significant impacts to wetlands and aquatic resources.- Other termini need to be
considered that have potentially less wetland impacts..
7. The potential widening of NC 12 needs to be fully examined in the DEIS. EPA
has reviewed the July 12, 2007, functional designs for the alternatives. EPA is
concerned that without improvements to NC 12, hurricane evacuation clearance
times will not be sufficiently reduced. Referring to the June 20, 2007 handout,
Table 6 revised, the MCB3 Alternative still exceeds the 18-hour clearance
standard by 8.2 hours. NCTA has stated that this is the only alternative that does
not have a`substantiar funding shortfall (i.e., $51.2 million). Alternatives ERl,.
ER2, MCB 1 and MCB2 are essentially being `eliminated due to the potential
funding shortfalls ($268.6 to $525.5 million). The MCB3 Alternative does not
include any improvements to US 158 in Dare County. Alternatives ER1, ER2,
MCB1 and MCB2 all include some improvements to US 158 in Dare. County.
The MCB3 Alternative includes the least amount of improvements to NC 12 from
these 5 alternatives ($77.3 million). FHWA and NCTA should consider Ynixingt
some of the improvement components of the alternatives to achieve a better
balance of traffic network conditions.
8. FHWA and NCTA have provided a characterization in Table 6 revised referred to
as`Rural/Beach Community Fragmentation: EPA is concerned that some of the
impacts from the alternatives may be mischaracterized, including Cl, C3, C4 and
C5 (?ass through middle of subdivisiori'oe?asses through Aydlett). FHWA and
NCTA should discuss the Federal and state requirements concerning community
impacts (e.g., E.O. 12898 on. Environmental Justice, the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, etc.).
9. EPA requests that the estimated wetland impacts from the ERI, ER2' MCB1,
MCB2 and MCB3 Alternatives be fully identified in the DEIS. EPA cannot
ascertain where the impacts to 10+ acres of wetlands would occur along NC 12
from ERl, ER2, MCB1 and MCB2. Similarly, EPA cannot locate the impacts to
23+ acres of wetlands from ERl and ER2 for the US 158 third northbound lane in
Currituck County.
10. EPA cannot concur with the estimates for the `high quality resources filledlbridgecr
presented on Page 6, table 6 revised form the June 20, 2007, handout. FHWA
2. Include and provide an analysis of the most recent submerged rooted aquatic
vegetation survey data from USGS and/or NOAA of Currituck Sound. Define all
benthic sediment and habitat present in the Sound. Consideration of the general
habitat and water quality is insufficient.
3. The DEIS should evaluate the proposed project in relationship to either conflict or
consistency with the management goals and objections set forth by the joint
State/Federal National Estuary Program for Currituck Sound. This discussion
should also include consultation with State officials concerning the requirements
and consistency with the Coastal Zone Management Acfs Federal consistency
regulations. The DEIS should include a full characterization of the traditional
uses for the Currituck Sound, including recreational fishing, commercial fishing,
hunting, etc. and what the short-term, long-term and cumulative effects of this
proposed project will have on these uses.
4. The DEIS should provide an analysis of the worst-case impact of construction
activity on the water quality and aquatic habitats within Currituck Sound. This
analysis should include dredging needed to move equipment and materials to and .
from the projecfs mainland areas and during construction. Alternative
construction methods to minimize impacts should be fully considered and
described in the DEIS.
5. EPA is aware that fecal coliform is an issue in shallow water estuaries and that
continued runoff from human activities such as parking lots, roadsides, etc., can
further degrade water quality and traditional uses of these water bodies. Harmful
bacteria in the coastal zone can be very problematic to water quality as there are
generally few upland areas available to treat contaminated runoff. The DEIS
should analyze this water quality parameter and any potential effect that direct
sources of runoff will have on shellfishing and benthic organisms within
Currituck Sound. The DEIS should further explore and discuss the issue of
`hydrologic trespass' to new or existing roadway ditches and conveyances.
6. Based upon the site visits recently conducted, it is essential that a detailed
functional assessment be accomplished for all of the wetlands potentially
impacted.
7. EPA and other agencies noted numerous specimen trees during the July 10, 2007
site visit. An arboreal survey should be conducted for all of the new location
corridors, including both uplands and wetlands in Maple Swamp, Great Swamp,
and at the proposed interchanges and an avoidance strategy developed. Size and
species should be documented and mature specimen trees mapped. Cavity and
rookery nesting of avian species is highly likely and should also be documented.
8. Alternative construction practices should be evaluated for accessing the work
areas within wetlands.
9. With the exception of small areas of Phragmites sp., and Chinese privet along
Aydlett Road, the presence of exotic invasive plant species was not evident during .
the site visit. Therefore, the potential introduction and spread of such species
should be considered in theNEPA review and compliance with Executive Order
13112 and FHWA guidance should be documented.
10. A cultural impacts assessment is needed and should include potential bisection
caused by the roadway and its approaches.
and NCTA need to provide a full disclosure of how these estimates were
developed for high quality resources and what criteria were utilized in
ascertaining their quality.
11. Relocations (displacements as presented in Table 6) have been estimated based
upon past right-of-way investigations by NCDOT (circa mid-1999s) and it
appears that they need to be updated. Furthermore, the DEIS needs to analyze
and disclose the methodology for determining an actual relocation. Noting the
comments from WRC and others at one of the past scoping meetings, EPA
requests that the minimum `lot sizes issue for Dare County (15,000 square feet) and
Currituck County (20,000 square feet) be examined by FHWA and NCTA and
discussed in the DEIS. This analysis should include a consistency determination
with other projects where structures and necessary services (e.g., Well, septic,
etc.) were not impacted and minimum zoning lot sizes were used as the `legal
criteria' for relocations.
12. FHWA and NCTA need to explore a ferry service alternative that is compared
both individually to other alternatives as well as combinations of the `highwaY
alternatives with a ferry alternative. Based discussions with NCTA and FHWA
indicate that the ferry service alternative does not meet purpose and need. This
alternative needs to be fully examined and explored in the DEIS. A combined
Yew bridge alternative with a. robust ferry service could help to improve estimated
hurricane evacuation clearance times, especially for critical link segments, on
Bodie Island.
13. EPA notes that improvements to NC 12, include a 17-foot median, 4-lane facility.
Considering the close proximity to pedestrian walkways/bicycle paths along NC
12, FHWA and NCTA should examine the safety aspects of providing a `higher- .
speecf 4-lane facility so close to these other users. FHWA and NCTA should fully
consider the current tourist conditions and community setting issues along NC 12
and develop plans that incorporate safe, mixed modal activities.
14. EPA might consider NCTNs proposal `to eliminates Alternatives C5 and C6 due to
the very high quality of the Maple Swamp south of Aydlett Road. However, EPA
has requested that FHWA and NCTA examine a new alternative closer to Aydlett
Road as well as widening the existing road.
Additional Data and Analytical Needs for NEPA Review
EPA has identified numerous data and analytical needs that should be explored
during the NEPA process and provided in the DEIS, including the following:
Currituck Sound
1. Depth and benthic profiles of potential roadway corridors and a general
description of the entire Currituck Sound ecosystem.
11. Because of the documented presence of ancient habitation and early European
colonization in this area of the State, there should be extensive survey work of all
potential corridors and this new information should be considered in the site
selection rather than waiting for a final alignment.
12. The project study area is in the coastal ecosystem and it is possible that potential
future sea level rise (SLR) could be an important construction and environmental
issue. North Carolina has a Climate Change Commission that includes such
coastal geology experts such as Dr. Stan Riggs. He and other experts should be
consulted during the planning process regarding the vulnerability of placing
additional infrastructure within the dynamic coastal beach setting. Future
initiatives by government agencies in response to SLR may influence design year
traffic volumes and patterns. The DEIS should examine SLR issues and the
potential affect on future traffic volumes and patterns.
Other NEPA `Cross-cutting' Issues
Currently, NCTA is not a signatory agency to the Ecosystem Enhancement
Program (EEP) Memorandum of Understanding (MOU) for compensatory mitigation
needs. The issue of compensatory mitigation should be fully coordinated with the EEP
and other agencies to insure that there are adequate mitigation credits available in the
hydrologic cataloguing units (HUCs) where the impacts are occurring. Please feel free to
consult with Ms. Kathy Matthews of EPA's Wetlands Section at
matthews.kathvnaLepa.gov. FHWA and NCTA need to provide detailed mitigation plans
for the new location alternatives.
The NCTA should consider some of other potential NEPA `Cross-cutters' in the
DEIS, including compliance with Executive Order 13112 on Invasive Species and the
requirements under the Migratory Bird Treaty Reform Act (MBTRA) of 2004. The U.S.
Fish and Wildlife Service should be consulted regarding an analysis of avian Federal
Species of Concern (FSOC) and potential requirements and considerations under
MBTRA. All of the alternatives involving new bridge structures need to fully investigate
the potential impacts to migratory birds along the Atlantic flyway.
0? W A T??QG
r
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins. Director
Division of Water Quality
August 27, 2007
Rachelle Beauregard
NCDOT PDEA
1598 Mail Service Center
Raleigh, NC 27699
Subject Property: "Stream 2" of R-2814A, UT channel to Neuse River, US 401 at Ventura Circle, Wake County.
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B
.0233)
Dear Ms. Beauregard:
On August 27, 2007, at your request I conducted a site visit to the subject channel to determine applicability to the
Neuse Buffer Rules (15A NCAC 2B.0233). The Division of Water Quality (DWQ) has determined that the surface
water labeled as "Stream 2" on the attached map is ephemeral and is not subject to the Neuse Buffer Rule. This
determination shall expire five (5) years from the date of this letter.
Landowners or affected parties that dispute a determination made by the DWQ that a surface water is or is not
subject to the buffer rule may request a determination by the Director. A request for a determination by the Director
shall be referred to the Director in writing c/o John Hennessy, DWQ, Transportation Permitting Unit, 2321 Crabtree
Blvd., Suite 250, Raleigh, NC 27604-2260. Individuals that dispute a determination by the DWQ that "exempts" a
surface water from the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start until the
affected party (including downstream and adjacent landowners) is notified of this decision. DWQ recommends that
the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To
ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to
the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This determination is
final and binding unless you ask for a hearing within 60 days.
This letter only addresses the applicability to the buffer rules and does not approve any activity within Waters of the
United States or Waters of the State. If you have any additional questions or require additional information please
call me at [phone].
Sincerely,
Rob Ridings,
Transportation Permitting Unit
Attachment
cc: File Copy (R-2814)
N°othCarolina
Transportation Permitting Unit ahlCa!!y
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http:/!h2o.enr.state.nc.us/ncwetlands .
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