20120673 Ver 1_Emails_20120823

FW Comments on USACE Notice #SAW 2009 01449
FW Comments on USACE Notice #SAW- 2009 -01449
Chapman, Amy
Sent Thursday August 23 2012 9 00 AM
To Carrillo Sonia
Page 1 of 2
Morning Sonia
Can you please add this email to the project file for R 2707 US 74 Shelby Bypass in Cleveland County?
Thanks)
Amy
Amy Chapman
Wetlands Buffers Stormwater Compliance and Permitting Unit (WeBSCaPe)
NCDENR /Division of Water Quality Wetlands and Stormwater Branch
1650 Mail Service Center
Raleigh NC 27699 1650
Office [phone]
Fax [phone]
Website http //portal ncdenr org/ web /wq /swp /ws /401 /riparianbuffers
E mail amy Chapman ncdenr gov
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E mail correspondence to and from this address may be subject to the North Carolina Public Records Law and
may be disclosed to third parties
From Chris Militscher [mailto Militscher Chris @epamail epa gov]
Sent Thursday, August 23, 2012 8 25 AM
To Hair Sarah E SAW
Cc Midkiff, Eric, match batuzich @fhwa dot gov Chapman Amy
Subject Comments on USACE Notice #SAW 2009 01449
Liz EPA has reviewed the subject Public Notice for R 2707 US 74 Shelby Bypass Cleveland County and offers
the following comments
1 It is noted that the 19 mile proposed project was a pipeline Merger project
2 The USACE Public Notice does not reference the dates of the FHWA/NCDOT EA or EIS that was prepared
3 EPA notes that the project has 21 224 linear feet of stream impacts and 6 04 acres of wetland impacts
4 EPA notes that Buffalo Creek and the First Broad River are listed on the 2010 303(d) list of impaired waters
The estimated direct impacts to these impaired waters is not identified in the Public Notice
5 USACE comments on Page 3 regarding the NCDWQ 401 WQC issuance are noted
6 EPA has mistakenly included R 2707 (A & B sections) in the Merger tracking database as being completed
EPA will correct this error in the next quarterly update as there are future sections (C D & E) that may go thru the
CP 4B/4C hydraulic review process
7 EPA notes the comments concerning Section 7 of the Endangered Species Act and that additional consultation
between the applicant and the USFWS is required
8 EPA records indicate that the DEIS was prepared in October of 1998 and the FEIS in March of 2008 We
https //ma11 nc gov /owa/ ?ae= Item &t =IPM Note &id= RgAAAADMSzLcd9W2TJHI4 %2bm 8/23/2012

FW Comments on USACE Notice #SAW 2009 01449 Page 2 of 2
request that the applicant provide a copy of the ROD to EPA for this project
9 It is noted that compensatory mitigation is being sought by the applicant thru the NCEEP for Sections A & B
impacts only Compensatory mitigation is not proposed at this time for Sections C D & E because they are not
due to be let for construction within the next 5 years If the applicant has provided the USACE a conceptual
mitigation plan for the entire project including any opportunities for on site mitigation EPA requests a copy for
review
Thank you for the opportunity to comment
Christopher A Militscher REM CHMM
USEPA Region 4 NEPA Program Office
AFC 13th floor
61 Forsyth Street SW
Atlanta GA 30303 8960
404 562 9512
https //mail nc gov /owa/9ae= Item &t =IPM Note &id= RgAAAADMSzLcd9W2TJHI4 %2bm 8/23/2012