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STATE OF NORTH CAROLINA
TURNPIKE AUTHORITY
MICHAEL F. EASLEY 1578 MAIL SERVICE CENTER, RALEIGH, N.C. 27699-1578
GOVERNOR
May 4, 2007
Mr. Heinz J. Mueller
Chief, NEPA Program Office
US Environmental Protection Agency - Region 4
Atlanta Federal Center
61 Forsyth Street
Atlanta, GA 30303-896o
RE: Gaston East-West Connector - TIP Project U-3321
Dear Mr. Mueller,
DAVID W. 7OYNER
EXECUTIVE DIRECTOR
Thank you for your letter dated March 1, 2007 regarding the Gaston East-West
Connector project. We have reviewed your comments and offer the following
attached table in response.
Please note that at this time, the North Carolina Turnpike Authority has not decided
to remove the Gaston East-West Connector project from the Section 404/NEPA
Merger o1 process.
If you have additional questions, please contact me at 919-571-3004.
Sincerely,
imifer Harris, P.E.
NC Turnpike Authority
cc: Clarence Coleman - FHWA
Scott McLendon - USACE t
John Hennessy - NCDENR-DWQ 4 0iwl ?,
Brian Cole - USFWS y4 qy
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NORTH CAROLINA TURNPIKE AUTHORITY
TELEPHONE: 919-571-3000 FAX: 919-571-3015
Gaston East-West Connector (U-3321) Page 2 of 10
Response to March 1, 2007 Letter From H. Mueller - US EPA
May 4, 2007
Responses to Letter from H. Mueller - US EPA - Dated March 1, 2007
Page - COMMENT ACTION/RESPONSE
Paragraph
SECTION 1 OF LETTER (NO HEADING)
EPA understands that the proposed facility is The ultimate basic number of lanes included in the
expected to be a 4-lane, divided highway that preliminary roadway designs of the new location
1 - 1 would be connected to Interstate 85 west of alternatives will be determined based on the design
Gastonia to theI-485 Charlotte Outer Loop. year 2030 traffic forecasts. The target LOS for the
designs is LOS D or better.
As you are aware, several resource agencies The primary purposes of the project are to improve
were concerned that the new locations mobility, access and connectivity in southern
alternatives by themselves did not meet the Gaston County and between southern Gaston
primary purpose and need, including the relief County and Mecklenburg County. The second
1-2 of congestion and poor Level of Service (LOS) purpose is to reduce congestion and improve traffic
along major portions of I-85 and US 29/US 74. flow on sections of 1-85, US 291US 74 and US 321
in the project study area. Concurrence Point 1
(Purpose and Need) was signed on July 24, 2002.
The new location alternatives best meet the project
purposes and needs.
EPA recognizes that the NCTA has developed The NCTA has not developed a new (revised)
a new (revised) purpose and need statement but purpose and need statement. However, NCTA may
has retained the 16 new location alternatives update some supporting information in the purpose
that had been developed while NCDOT was the and need prior to publication in the Draft EIS.
1-3 lead State transportation agency. However, it is not expected that the primary
element regarding the need to improve mobility,
access and connectivity in southern Gaston County
and between southern Gaston County and
Mecklenburg County would change.
EPA acknowledges that the estimated cost has The current estimate of project costs are between
increased dramatically from earlier NCDOT's $745 M to $1,595 M (April 2007 dollars). Project
2-1 estimates (i.e. between $600-$700 million) to costs are higher than previous NCDOT
NCTA's estimated cost: $715 million to estimates due to the inclusion of design costs, toll
$1.525 billion (January 2007 dollars). facilities, updated ROW estimates, construction cost
increases and construction administration costs.
2-1 EPA acknowledges that NCTA recommends Phasing relates to construction of the project. The
phasing (3 phases) of the currently proposed ultimate project from I-85 west of Gastonia to I485
project and that toll/no toll options will be in Mecklenburg County will be evaluated in the
considered and addressed in the Draft DEIS. Toll options will be considered and
Environmental Impact Statement (DEIS). addressed in the DEIS.
2-2 EPA has several primary environmental ---
concerns.... including:
potential direct impacts to waters of the U.S. Direct impacts to waters of the US will be reported
in the DEIS. They will be based on the preliminary
engineering designs and field-delineated waters of
the US.
potential air quality impacts including Air quality impacts will be addressed in accordance
Mobile Source Air Toxics (MSATs) with FHWA guidance.
indirect and cumulative impacts to air and An indirect and cumulative effects assessment will
water quality be performed for the project and reported in the
DEIS.
Gaston East-West Connector (U-3321)
Response to March 1, 2007 Letter From H. Mueller - US EPA
May 4, 2007
Responses to Letter from H. Mueller - US EPA - Dated March 1, 2007
Page 3 of 10
Page - COMMENT ACTION/RESPONSE
Paragraph
potential inability to find compensatory NCTA is coordinating with the Ecosystem
mitigation for jurisdictions impacts Enhancement Program regarding mitigation needs.
NCTA will obtain all required permits prior to
construction.
potential impacts to terrestrial forests Direct impacts to biotic communities present
within the preliminary design right of way within
the Detailed Study Alternatives will be calculated
and reported in the DEIS. The indirect and
cumulative effects study will address indirect and
cumulative impacts to natural resources.
prime farmlands The evaluation of impacts to prime farmlands will
be conducted in accordance with the Farmland
Protection Policy Act (FPPA) and reported in the
DEIS.
inability of the new facility to reduce A new location facility, designed for LOS D or
congestion (and thereby improving air better in 2030, will provide a less congested
quality) along the 1-85 and US 29/US 74 alternate route for the I-85 and US 291US 74
corridors. corridors. Improving air quality specifically along
the I-85/US 29/US 74 corridor is not a purpose of
the proposed project.
The region's air quality conformity determination
includes the Gaston East-West Connector. The air
quality conformity document is titled: Conformity
Analysis and Determination Report for the
Cabarrus-Rowan MPO, the Gaston Urban Area
MPO, and the Mecklenburg-Union MPO 2030 Long
Range Transportation Plans and the FY 2004-2010
Transportation Improvement Programs and for
Non-MPO Areas of Lincoln County, Iredell County,
Gaston County, and Union County areas (8-Hour
Ozone, and CO (Mecklenburg County Only) (June
2005).
SECTION TITLED - PURPOSE AND NEED/DETAILED STUDY ALTERNATIVES
2-3 EPA is concerned that the needs for some of A new location facility, designed for LOS D or
these purposes have not been clearly better in 2030, will provide a less congested
established, including the need for improving a alternate route for the I-85 and US 29/US 74
high-speed, safe regional travel service along corridors.
the US 291US 74 intra-state corridors...
.Without some improvements to I-85 and Concurrence Point 1 on purpose and need was
nearby local connectors, EPA is concerned that signed in July 2002. Several different alternatives
the proposed new location Gaston East-West that improved existing I-85 and US 29/US 74 were
connector will not fully address the congestion evaluated (Scenarios 4+, 4a, and 8), but were
and poor LOS along the primary east-west, eliminated from detailed study. These included
high-speed route within Gaston County. widening 1-85 to 8 to 10 lanes. Scenario 8 also
included improvements to north-south feeder roads
connecting to I-85. These alternatives were
eliminated because they could not meet the primary
need of providing connective in southern Gaston
Gaston East-West Connector (U-3321)
Response to March 1, 2007 Letter From H. Mueller - US EPA
May 4, 2007
Responses to Letter from H. Mueller - US EPA - Dated March 1, 2007
Page 4 of 10
Page - COMMENT ACTION/RESPONSE
Paragraph
County and between southern Gaston County and
Mecklenburg County. They were also eliminated
because they would have environmental and
engineering issues that would make them not
reasonable for this project and they would not be
consistent with local transportation plans.
2-4 and 3-2 EPA primarily abstained [from concurrence A full range of alternatives was considered. Three
point 2] because NCDOT and FHWA would Improve Existing Roadway Alternative scenarios
not consider a combination of alternatives, were evaluated, including Scenario 8, which
including new location alternatives with `some' involved improvements to I-85, US 29/US 74 and
(limited) improve existing options along I-85 north/south feeder roads. The demand for travel
and US 29/US 74. EPA is requesting that across the Catawba River between Gaston and
FHWA in close coordination with NCTA and Mecklenburg Counties is high. According to the
NCDOT reconsider some improvements to the travel demand model used during development of
existing regional facilities as a part of this the purpose and need and alternatives, year 2025
overall regional project. average daily traffic (ADT) volumes on I-85 under
the No-Build scenario were up to 164,000 ADT at
EPA believes that the report failed to address a the Catawba River crossing. This required
combination of alternatives to address regional widening to at least 10 lanes to achieve LOS D. A
travel needs, including a new location review of the potential impacts to this widening
connector component with additional concluded it would not be a reasonable alternative
improvements to 1-85, US 291US 74, and north- for the proposed project.
south feeder roads. By itself, the new location
connector was not forecasted to substantially Since that time, a new regional travel demand
improve congestion along 1-85 and model, the Metrolina Model, was developed. This
US 29/US 74 in the design year and that a model was used to project year 2030 traffic. Using
number of critical locations along these this updated and expanded model, year 2030 traffic
existing highways would continue to operate at volumes on 1-85 in the No-Build scenario are
a LOS F+, projected to be up to 220,000 ADT. A freeway 12
lanes wide would carry this volume of traffic at
LOS D/E.
3-2 The fact that the new connector is proposed as A new location facility designed to operate at
a potential toll facility only reduces the LOS D or better under 2030 non-toll traffic
likelihood that regional east-west travel forecasts will substantially improve east-west travel
between Gaston and Mecklenburg Counties between Gaston and Mecklenburg Counties
will substantially improve in the future. regardless of whether it is built as a toll or non-toll
facili .
3-3 The statement that the Catawba River forms a The Review Board Summary addressed specific
natural barrier between southeastern Gaston issues that the Review Board requested additional
County and western Mecklenburg county is information on. Improve Existing Roadway
true. However, the report [Review Board Alternative Scenarios 4a and 8 included widening
Summary of the Evaluation of Improve of I-85 to 10 lanes from Exit 19 (Ozark Avenue) in
Existing Roadways Alternatives, dated June 10, Gaston County to Exit 29 (1-485) in Mecklenburg
2005] does not address any consideration for County. The I-85 bridges over the Catawba River
improvements to the multi-lane bridges over currently accommodate 8 lanes, so widening of
the Catawba River for 1-85 or US 29/US 74. these bridges was included in Scenarios 4a and 8.
Gaston East-West Connector (U-3321)
Response to March 1, 2007 Letter From H. Mueller - US EPA
May 4, 2007
Responses to Letter from H. Mueller - US EPA - Dated March 1, 2007
Page 5 of 10
Page -
3-3
3-3
3-3
3-3
3-3
COMMENT
EPA's primary concern is that the new
connector facility (toll or otherwise) is going to
induce uncontrolled growth and development
south, southwest, and west of Gastonia, induce
travel demand, and continue to place
unreasonable burdens on local north-south
feeder routes.
A new east-west connector will not address the
poor LOS on a number of these routes,
including NC 279, NC 274, and US 321.
EPA believes that there is a potential
misconception that all of the future travel
demand in the region will be between
southeastern Gaston County and western
Mecklenburg County ....the new east-west
connector facility only addresses `typical
commuting travel', and not the numerous local
trips to schools, shopping, religious facilities,
etc., that will be in the Gastonia area.
Local 2-lane roadways such as NC 279 and NC
274 are not designed to handle the future travel
demands spurred by the proposed new
connector.
With a new east-west connector and potential.
induced development.....the capacity of other
vital services such as wastewater treatment,
water supply, electricity, etc., may also be
ACTION/RESPONSE
An indirect and cumulative impact assessment will
be prepared for the project. The assessment will be
summarized in the DEIS.
The construction of the Gaston East-West
Connector will not, nor is it meant to, solve all the
transportation needs, issues and problems present or
anticipated in Gaston County. The Gaston Urban
Area MPO's Long Range Transportation Plan is the
document that identifies and prioritizes
transportation projects in the MPO area over a
See previous response directly above.
The cross streets at interchanges will be widened
through the interchange area to accommodate
projected 2030 peak hour traffic. Beyond this area,
any additional improvements to the cross street
would be performed as separate projects.
An indirect and cumulative impact assessment will
be prepared for the project and summarized in the
DEIS.
SECTION TITLED - CLEAN WATER ACT SECTIONS 401, 402, AND 404 1
4-1 EPA requests that FHWA and NCTA fully
consider and address in the NEPA document
the detailed study alternatives that avoid and
minimize water quality impacts, including
direct and indirect and cumulative impacts to
the streams, wetland and riparian areas within
the project study area.
In accordance with the NEPA and FHWA guidance,
the FHWA and NCTA will consider all alternatives
that meet the project's purpose and need and are
reasonable and practicable to implement. Direct
impacts to water resources from these detailed study
alternatives will be minimized, as much as
practicable, during preliminary design, and the
impacts will be reported in the DEIS. Indirect and
cumulative impacts to streams, wetlands, and
riparian areas will be evaluated in the indirect and
cumulative effects assessment, and will be reported
in the DEIS. Any studies required to obtain a
Section 401 Water Quality Certification will be
conducted at the appropriate time to obtain the
certification.
Gaston East-West Connector (U-3321)
Response to March 1, 2007 Letter From H. Mueller - US EPA
May 4, 2007
Responses to Letter from H. Mueller - US EPA - Dated March 1, 2007
Page 6 of 10
Page - COMMENT ACTION/RESPONSE
Paragraph
4-1 A quantitative ICI analysis would be The indirect and cumulative impact assessment that
appropriate for this project as it is expected to will be prepared for the project and summarized in
induce substantial vehicle travel as well as the DEIS will follow NCDOT and FHWA
increase development in rural portions of guidelines for these types of studies. If a
Gaston County. quantitative analysis is warranted based on the
guidelines, it will be conducted at the appropriate
time.
4-1 The NEPA document should also identify the Traffic volumes at each interchange location will be
specific traffic need for each of the 11 to 12 reported in the DEIS. The currently proposed
interchanges as these.... typically cause the interchange locations were identified by the Gaston
greatest impacts to streams (and associated Urban Area MPO in their Long Range
wetlands). Transportation Plan. After a Preferred Alternative
is selected, these interchanges will be reviewed to
determine which, if any, could be eliminated. The
FEIS will document this evaluation.
4-1 Alternative design considerations, including During the development of the preliminary
Single-point Urban Interchanges (SPUI) and engineering designs for each Detailed Study
`compressed clover-leafs' should be identified Alternative, a preliminary interchange configuration
and discussed in the EIS in order to reduce the will be selected to be included in the preliminary
right of way and construction footprint impacts. designs that takes into account traffic projections
and traffic operations as well as presence of human
and natural resources.
4-1 All reasonable avoidance and minimization Avoidance and minimization will be addressed.
measures planned by the transportation
agencies need to be identified and evaluated in
the EIS, including where applicable the
reduction of fill slopes and median widths at
stream and wetland crossings.
4-2 NCTA should consider bridging all major The NCTA will provide bridges at all stream
stream systems as part of its efforts to avoid crossings that require a bridge for hydraulic
and minimize potential impacts to waters of the purposes. Additional bridges will be considered on
U.S. a case by case basis, with input from the resource
agencies during the Turnpike Environmental
Agency Coordination Meetings.
4-2 Proposed bridge locations should be identified Proposed bridge locations will be identified in the
in the DEIS. DEIS.
4-2 From past meeting conversations, EPA Previous stream impact calculations were based on
understands that the total linear feet of stream available GIS databases. Wetland and stream field
impacts for some of the 16 alternatives may delineations for all Detailed Study Alternatives
exceed 30,000 linear feet. This potential total were completed in early March. Those
impact far exceeds a baseline average per mile delineations, together with preliminary designs, will
of stream impact for this area of the state. be used to calculate wetland and stream impacts.
These impact estimates will be reported in the
DEIS.
Gaston East-West Connector (U-3321)
Response to March 1, 2007 Letter From H. Mueller - US EPA
May 4, 2007
Responses to Letter from H. Mueller - US EPA - Dated March 1, 2007
Page 7 of 10
Page - COMMENT ACTION/RESPONSE
Paragraph
4-2 NCTA should also consider the elimination of Interchanges (and their potential elimination) and
interchanges and separate toll collecting plazas the locations of toll collection facilities will be
(2) as part of its overall avoidance and reviewed in detail for the Preferred Alternative.
minimization strategy. Based on this review, the preliminary designs will
be revised, if necessary, and the revised designs
(and revised impacts) will be reported in the Final
EIS.
4-2 The proposed interchange/ramp toll plaza The Dixie River Road interchange is the only
proposed at Dixie River Road.....is an example service interchange in Mecklenburg County and
of an interchange that might be considered for likely will not be eliminated. During preliminary
modification or elimination due to its close design for the DEIS, the interchange configuration
proximity to a nearby stream. will be evaluated and impacts minimized where
feasible.
4-2 ...the two interchanges/ramp toll plazas Interchanges (and their potential elimination) and
proposed between the ones proposed at US 321 the locations of toll collection facilities will be
and NC 274.... are also close to one another reviewed in detail for the Preferred Alternative.
and may need to be considered for elimination. Based on this review, the preliminary designs will
be revised, if necessary, and the revised designs
(and revised impacts) will be reported in the Final
EIS.
4-3 The EIS should also consider detailed NCTA is coordinating with the Ecosystem
compensatory mitigation for direct impacts to Enhancement Program regarding mitigation needs.
jurisdictional streams and wetlands and provide
a `conceptual plan' that includes opportunities
for on-site mitigation.
4-3 Indirect and cumulative impacts to water The indirect and cumulative impact assessment that
quality resulting from a new location facility will be prepared for the project and summarized in
need to be quantitatively assessed in the DEIS, the DEIS will follow NCDOT and FHWA
including specific provisions and conditions for guidelines for these types of studies. If a
stormwater control. quantitative analysis is warranted based on the
guidelines, it will be conducted at the appropriate
time.
5-1 FHWA regulations and policy allow for full The indirect and cumulative impact assessment that
mitigation of all project impacts, including will be prepared for the project will follow NCDOT
indirect and cumulative impacts. EPA requests and FHWA guidelines for these types of studies.
that NCTA and FHWA fully explore all NCTA is following NCDOT's practice on not
possible methods of directly addressing mitigating for indirect and cumulative impacts.
mitigation for indirect and cumulative effects
of the proposed project, including long-term
im acts to water quality.
5-1 It should be noted that opportunities for on-site Comment noted. The NCTA is coordinating with
mitigation or even off-site compensatory the EEP on mitigation needs.
mitigation within this hydrologic cataloguing
unit (HUC) for stream impacts may be very
difficult to find.
Gaston East-West Connector (U-3321)
Response to March 1, 2007 Letter From H. Mueller - US EPA
May 4, 2007
Responses to Letter from H. Mueller - US EPA - Dated March 1, 2007
Page 8 of 10
Page - I COMMENT
5-2 ....the NCTA and FHWA should consider the
new crossing alternatives that are perpendicular
to these major rivers [Catawba and South Fork
Catawba] in order to minimize impacts...
5-2 NCTA will be required to obtain a CWA
Section 402 NPDES (National Pollutant
Discharge Elimination System) stormwater
permit as well as the CWA Section 401 water
aualitv certification from NCDWO.
ACTION/RESPONSE
The locations of the major river crossings were a
factor in the development of the study corridors.
With consideration of other factors such as the
presence of tributaries, subdivisions, and other
resources, the major river crossings were located to
cross as close to perpendicular as possible and in
more narrow locations where Dossible.
NCTA will obtain all required permits at the
appropriate times in the project development and
construction process.
SECTION TITLED - CLEAN AIR ACT
5-3 EPA requests that a detailed analysis and
disclosure be conducted regarding air
conformity requirements for the combined
Gaston East-West Connector project. As part
of this analysis, the NCTA may also need to
consider the potential cumulative effects to air
quality from the Monroe Bypass and Connector
projects... as well as other NCDOT TIP
projects proposed in Mecklenburg, Union, and
Gaston Counties.
The latest air quality conformity determination for
the region (dated June 2005) includes the entire
Metrolina nonattainment area (Conformity Analysis
and Determination Report for the Cabarrus-Rowan
MPO, the Gaston Urban Area MPO, and the
Mecklenburg-Union MPO 2030 Long Range
Transportation Plans and the FY 2004-2010
Transportation Improvement Programs and for
Non-MPO Areas of Lincoln County, Iredell
County, Gaston County, and Union County areas
(8-Hour Ozone, and CO (Mecklenburg County
Only))).
The conformity determination "demonstrates that
the financially constrained Long Range
Transportation Plan and the Transportation
Improvement Program (TIP) eliminates or reduces
violations of the national ambient air quality
standards (NAAQS) in the nonattainment area that
includes:
• The Cabarrus-Rowan Metropolitan Planning
Organization (CRMPO);
• The Gaston Urban Area Metropolitan Planning
Organization (GUAMPO);
• The Mecklenburg-Union Metropolitan Planning
Organization (MUMPO);
• The portion of the Lake Norman Rural Planning
Organization in Western Gaston County, Lincoln
County, and Southern Iredell County; and
• The portion of the Rocky River Rural Planning
Organization in Eastern and Southern Union
County.
The plan accomplishes the intent of the North
Carolina State Implementation Plan (SIP). This
conformity determination is based on a regional
Gaston East-West Connector (U-3321)
Response to March 1, 2007 Letter From H. Mueller - US EPA
May 4, 2007
Responses to Letter from H. Mueller - US EPA - Dated March 1, 2007
Page 9 of 10
Page - COMMENT ACTION/RESPONSE
Paragraph
emissions analysis that uses the transportation
network approved by each of the above-named
Metropolitan Planning Organizations (MPOs) and
Rural Planning Organizations (RPOs) for the 2030
long-range transportation plan..."
5-4 This proposed NCTA project might also be a Comment noted. NCTA will follow FHWA
5-5 `pilot' for a full quantitative analysis for guidelines in determining whether the project
5-6 MSATs (mobile source air toxics) that are qualifies as one that requires a full quantitative
required to be analyzed under Section 202 of MSAT analysis.
the Clean Air Act.
There are several technical issues that EPA
may be in disagreement with FHWA, including
the threshold criteria for performing a
quantitative assessment and the available
methods (i.e., Modeling) for performing an
analysis.
Because of proposed expansion plans at
Charlotte-Douglas International Airport
(CDU), including substantial increased freight
capacity, EPA believes that a more `robust'
analysis needs to be conducted, including an
MSAT indirect and cumulative impact analysis.
It is clear the proposed east-west connector
would service the CDU's proposed expansion
plans.
6-1 Please feel free to contact Dr. Kenneth L. Contact information noted.
Mitchell or one of his staff within EPA Region
4's Air Toxics Assessment and Implementation
Section .... for further guidance on performing a
technically-sound, project specific analysis for
the 21 MSAT compounds that are found for
I highway projects.
SECTION TITLED - PRIME FARMLANDS
6-2 EPA recommends that NCTA perform a full An indirect and cumulative impact assessment will
analysis on how the different alternatives (with be prepared for the project and will assess land use.
emphasis on the new location alternatives) will
also affect land use changes and conversions of
rime agricultural land to non-agricultural uses.
6-2 The DEIS should also specifically address the The DEIS will include an estimate of direct impacts
direct impact to prime farmland. to prime farmlands in accordance with the Farmland
Protection Policy Act (FPPA), in coordination with
the Natural Resources Conservation Service
(MRCS).
Gaston East-West Connector (U--3321)
Response to March 1, 2007 Letter From H. Mueller - US EPA
May 4, 2007
Responses to Letter from H. Mueller - US EPA - Dated March 1, 2007
Page 10 of 10
Page -
6-2
6-2
COMMENT
FHWA and NCTA should clearly identify what
avoidance and minimization measures were
considered in the development of detailed study
alternatives.
In performing a prime farmland analysis, it is
also important to consider what prime farmland
soils are actually zoned for development uses
versus what is planned for development.
Generic land use plan designations that change
current prime farmlands to development uses
need to be considered as part of the prime
farmlands impacted by the proposed uroiect.
ACTION/RESPONSE
Avoidance and minimization measures used during
the alternatives development and evaluation process
is documented in the alternatives report and this
information will be summarized in the DEIS.
NCTA would like further clarification regarding
this comment in order to respond.
SECTION TITLED - HISTORIC AND ARCHEOLOGICAL PROPERTIES
7-1 The DEIS should fully address the eighteen
(18) potential historic properties identified
along the new location alternatives as well as
any archeological sites.
The NCTA and FHWA will coordinate with the
State Historic Preservation Office and will address
historic and archaeological resources in accordance
with Section 106 of the Historic Preservation Act
and Section 4(f).
SECTION TITLED - OTHER POTENTIAL NEPA `CROSS-CUTTERS'
7-2
7-2
7-2
The NCTA should consider... in the
DEIS... Executive Order 13112 on Invasive
Species and requirements under the Migratory
Bird Treaty Reform Act (MBTRA) of 2004.
The US Fish and Wildlife Service (FWS)
should be consulted regarding an analysis of
avian Federal Species of Concern (FSOC) and
potential requirements and considerations
under MBTRA.
NCTA and FHWA should consult with FWS
regarding Bald eagles.
The NCTA will coordinate with the USFWS
regarding the Migratory Bird Treaty Reform Act of
2004. Invasive species will be addressed in the
DEIS in compliance with Executive Order 13112
and FHWA Guidance (available at
www.fliwa.dot.gov/environmentlem inv.htm)
The NCTA will coordinate with the USFWS on this
issue.
The NCTA has conducted a survey for bald eagles.
No eagle nests were found within one mile of the
Detailed Study Alternatives. The NCTA will
provide the survey report to the USFWS.