20191300 Ver 1_U-5710A Permit Application Letter_20190930

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER
GOVERNOR
Brad Shaver, NCDOT Coordinator
Wilmington Regulatory Field Office
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
JAMES H. TROGDON, III
SECRETARY
September 26, 2019
Joanne Steenhuis, NCDOT Coordinator
NC Department of Environmental Quality
Division of Water Resources
127 Cardinal Drive Ext.
Wilmington, NC 28405
Subject: Application for Section 404 Nationwide Permit 23 and Section 401 General Certifications 4140
for Northwest Quadrant Connection between US 74 (Eastwood Road) and SR 1409 (Military Cutoff
Road). WBS No. 50115.1.2, TIP No. W-5710A.
Dear Mr. Shaver:
The North Carolina Department of Transportation (NCDOT) is proposing a Northwest quadrant
connection between US 74 (Eastwood Road) and SR 1409 (Military Cutoff Road). The south end of this
proposed connection will create a new signalized intersection along Eastwood Road located
approximately 800 feet west of Military Cutoff Road, whereas the north end ties into the existing
intersection of Military Cutoff Road at Drysdale Drive (and is thus tentatively named Drysdale Drive
Extension). Removing left turns from the main intersection improves the efficiency of the intersection.
Impacts to Jurisdictional Resources
A preliminary jurisdiction determination (PJD) was acquired on May 17, 2018 and assigned Action ID
SAW-2015-00703. Impacts to jurisdictional wetlands and surface waters for U-5710A are summarized
below in Tables 1 & 2.
Table 1. U-5710A Wetland Impacts
Permit Drawing
Map Label in
Permanent
Temporary
Mitigation
Site
PJD
Type
Impacts
Impacts (ac.)
Required
Number
ac.
1
WB
Non -Riparian
0.045
0
No
Total:
0.045
0
Table 5. R-2303E Surface Water Impacts
Permit
Permanent
Temporary
Permanent
Temporary
Mitigation
Drawing Site
Waterbody
(ft)
(ft)
(ac.)
(ac.)
Required a
Number
2
Intermittent
525
34
0.119
0.006
Yes
stream SA
Total:
525 a
34
0.119
0.006
Includes 91 linear feet of channel improvements and 62 linear feet of channel relocation at Site 2.
Mailing Address: Telephone: [phone] Location:
NC DEPARTMENT OF TRANSPORTATION Fax: [phone] BARBADOS BOULEVARD
DIVISION OF HIGHWAYS Customer Service: 1-877-368-4968 CASTLE HAYNE, NC 28429-5647
5501 BARBADOS BOULEVARD
CASTLE HAYNE, NC 28429-5647 Website: www.ncdot.gov

Permanent Impacts: Proposed permanent impacts for U-5710A include fill and mechanized clearing in
wetlands. This includes impacts to 0.045 acres of non -riparian wetlands. Proposed permanent impacts to
streams are 525 linear feet.
Temporary Impacts: There is no temporary impacts to wetlands for U-5710A. Proposed temporary
impacts to surface waters is 34 linear feet.
Utility Impacts: Within U-5710A there will be power, communication, and gas relocations. All utility
relocation will be within the proposed roadway fill section therefore there are no impacts associated with
the utility relocations.
Table 8. Summary of Wetland and Stream Impacts for U-5710A
Permanent Wetland
Temporary Wetland
Permanent Stream
Temporary Stream
ac.)
(ac.
Riparian
Non-
Riparian
Non -
riparian
riparian
0
0.045
0
0
525a
34
a Only 372 linear feet of stream is actually considered as a loss of Waters of the US.
Summary of Mitigation
The proposed construction of U-5710A will impact 0.045 acres of non -riparian that will not
require mitigation.
Permanent stream impacts for the U-5710A total to 525 linear feet, however only 372 linear
feet are considered loss of Waters of the US. The proposed permanent impact includes 91
linear feet of channel improvements to correct vertical stream banks and to remove sediment
prohibiting positive flow. The project also includes 62 linear feet of stream relocation which is
required to accommodate a planned development (CenterPoint) that is planned adjacent to the
project. The existing channel has been modified by excavation and the new proposed channel
will maintain the same stream width but with flatter and more stable banks that will be less
susceptible to scour and erosion given the flashiness of this urban system. This new stream
reach will tie into the existing stream where a culvert is currently shown in the planned
development. The 372 linear feet of permanent stream impacts (loss) will be offset by
compensatory mitigation provided by the DMS.
Protected Species
The United States Fish and Wildlife Service (USFWS) and National Marine Fisheries (NMFS) list 17
federally protected species for New Hanover County as of the June 27, 2018 listing. A Natural Resources
Technical Report NRTR) was prepared for this project in May 2016. A determination of "No Effect" was
made for all listed species, except for the Northern long-eared bat (NLEB) which was May Affect, Likely
to Adversely Affect (MALAA).
The US Fish and Wildlife Service has developed a programmatic biological opinion (PBO) in conjunction
with the Federal Highway Administration (FHWA), the US Army Corps of Engineers (USACE), and
NCDOT for the northern long-eared bat (NLEB) (Myotis septentrionalis) in eastern North Carolina. The
PBO covers the entire NCDOT program in Divisions 1-8, including all NCDOT projects and activities.
The programmatic determination for NLEB for the NCDOT program is May Affect, Likely to Adversely
Affect. The PBO provides incidental take coverage for NLEB and will ensure compliance with Section 7
of the Endangered Species Act for five years for all NCDOT projects with a federal nexus in Divisions 1-
8, which includes New Hanover County where U-5710A is located. This level of incidental take is
authorized from the effective date of a final listing determination through April 30, 2020.

Cultural Resources
This project is subject to compliance with Sections 106 and 110 of the National Historic Preservation Act
(NHPA) of 1966, as amended (36 CFR 800), which requires federal agencies to take into account the
effects of their undertaking on properties listed on or eligible for listing on the NRHP (including
archaeological sites) and afford the Advisory Council on Historic Preservation an opportunity to comment
on the effects of the undertaking.
Based on an April 16, 2015 review by the NCDOT archaeologist it was determined that no
archaeological survey is required. The review found no unidentified archaeological sites in the
study area.
In a February 20, 2015 letter, the NCDOT Architectural Historian concluded that there are not any
architectural resources which may be eligible for inclusion in the National Register of Historic Places
or that will be affected by the project construction.
Regulatory Approvals
Section 404 Permit: This is a federally funded Categorical Exclusion project and NCDOT is requesting
that the project be authorized by the USACE under Nationwide Permit 23.
Section 401 Permit: We anticipate 401 General Certification 4140 will apply to this project. Written
concurrence from the Division of Water Resources (DWR) will be required for this project. A method of
debiting $240 to process the WQC request has been provided as noted in the subject line of this
application.
If you have any questions or need additional information, please feel free to contact me.
Sincerely,
Digitally signed by Mason
Herndon
Date: 2019.09.2612:32:05
-04'00'
Mason Herndon
NCDOT Division 3
Environmental Program Supervisor
ec: Joanne Steenhuis, Division of Water Quality
Enclosures