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HomeMy WebLinkAbout20091149 Ver 1_Complete File_20100727 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 October 20, 2005 Gregory J. Thorpe, Ph.D. North Carolina Department of Transportation Project Development and Environmental Analysis 1548 Mail Service Center Raleigh, North Carolina 27699-1548 Dear Dr. Thorpe: o 4@4017 /VOV 0 N.- I ?H0SraRMwq? ?Y Rg,?RCH This letter is in response to your request for comments from the U.S. Fish and Wildlife Service (Service) on the potential environmental effects of the proposed interchange at US 74 and NC 242 in Columbus County, North Carolina (TIP No. R-4900). These comments provide scoping information in accordance with provisions of the Fish and Wildlife Coordination Act (16 U.S.C. 661-667d) and section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543). The Service recommends the following general conservation measures to avoid or minimize environmental impacts to fish and wildlife resources: 1. Wetland and forest impacts should be avoided and minimized to the maximal extent practical. Areas exhibiting high biodiversity or ecological value important to the watershed or region should be avoided; 2. If unavoidable wetland or stream impacts are proposed, a plan for compensatory mitigation to offset unavoidable impacts should be provided early in the planning process. Opportunities to protect mitigation areas in perpetuity via conservation easements, land trusts or by other means should be explored at the outset; Section 7(a)(2) of the Endangered Species Act requires that all federal action agencies (or their designated non-federal representatives), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally-listed threatened or endangered species. A biological assessment/evaluation may be prepared to fulfill the section 7(a)(2) requirement and will expedite the consultation process. To assist you, a county-by-county list of federally protected species known to occur in North Carolina and information on their life histories and habitats can be found on our web page at littp://nc-es.fws.gov/es/countyf-.html . The North Carolina Natural Heritage Program (NCNHP) database indicates historical occurrences of the federally endangered red-cockaded woodpecker (Picoides borealis) near the l project vicinity. If suitable habitat still occurs at or near the project area, surveys should be conducted for this species. For other federally listed species in the county, the use of the NCNHP data should not be substituted for actual field surveys if suitable habitat occurs near the project site. The NCNHP database only indicates the presence of known occurrences of listed species and does not necessarily mean that such species are not present. It may simply mean that the area has not been surveyed. If suitable habitat occurs within the project vicinity for any listed species, surveys should be conducted to determine presence or absence of the species. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a listed species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on listed species, then you are not required to contact our office for concurrence. We reserve the right to review any federal permits that may be required for this project, at the public notice stage. Therefore, it is important that resource agency coordination occur early in. the planning process in order to resolve any conflicts that may arise and minimize delays in project implementation. In addition to the above guidance, we recommend that the environmental documentation for this project include the following in sufficient detail to facilitate a thorough review of the action: 1. A clearly defined and detailed purpose and need for the proposed project, supported by tabular data, if available, and including a discussion of the project's independent utility, 2. A description of the proposed action with an analysis of all alternatives being considered, including the upgrading of existing roads and a "no action" alternative; 3. A description of the fish and wildlife resources, and their habitats, within the project impact area that may be directly or indirectly affected; 4. The extent and acreage of waters of the U.S., including wetlands, that are to be impacted by filling, dredging, clearing, ditching, or draining. Acres of wetland impact should be differentiated by habitat type based on the wetland classification scheme of the National Wetlands Inventory (NWI). Wetland boundaries should be determined by using the 1987 Corps of Engineers Wetlands Delineation Manual and verified by the U.S. Army Corps of Engineers; 5. The anticipated environmental impacts, both temporary and permanent, that would be likely to occur as a direct result of the proposed project. The assessment should also include the extent to which the proposed project would result in secondary impacts to natural resources, and how this and similar projects contribute to cumulative adverse effects; i 6. Design features and construction techniques which would be employed to avoid or minimize impacts to fish and wildlife resources, both direct and indirect, and including fragmentation and direct loss of habitat; 7. Design features, construction techniques, or any other mitigation measures which would be employed at wetland crossings and stream channel relocations to avoid or minimize impacts to waters of the US; and, 8. If unavoidable wetland or stream impacts are proposed, project planning should include a compensatory mitigation plan for offsetting the unavoidable impacts. The Service appreciates the opportunity to comment on this project. Please continue to advise us during the progression of the planning process, including your official determination of the impacts of this project. If you have any questions regarding our response, please contact Mr. Gary Jordan at (919) 856-4520, ext. 32. Sincerely, Al.? /1YL- Pete Benjamin Ecological Services Supervisor cc: Richard Spencer, USACE, Wilmington, NC Brian Wrenn, NCDWQ, Raleigh, NC Travis Wilson, NCWRC, Creedmoor, NC Chris Militscher, USEPA, Raleigh, NC ! 1 DEPARTMENT OF TRANSPORTATION "'' "` Wn, MICIIAE'L F. EASLEY LYNDO TIPPE'1 r GOWRNOR SECRF?I'ARY October 7, 2005 MEMORANDUM TO: Mr. Brian Wrenn Division of Water Quality/Wetlands p FROM: Gregory J. Thorpe, Ph.D., Director(/ L Project Development and Environmental Analysis Branch SUBJECT: Columbus County, Proposed Interchange at US 74 and NC 242, Federal-Aid Project No. NHF-74(78), WBS No. 40224.1.1, TIP Project No. R-4900. The Project Development and Environmental Analysis Branch is starting the project development, environmental and engineering studies for the proposed interchange at US 74 and NC 242. The project is included in the 2006-2012 North Carolina Transportation Improvement Program and is scheduled for right of way in fiscal year 2009 and construction in fiscal year 2011. Attached for your review and comments are the scoping information sheets for the proposed project. We would appreciate any information you might have that would be helpful in evaluating potential environmental impacts of the project. If applicable, please identify any permits or approvals that may be required by your agency. A scoping meeting will be scheduled with NCDOT staff to discuss the proposed project in more detail. In order to include your comments in our materials for this meeting, we would appreciate your response by November 18, 2005. If you would like to attend the scoping meeting, please notify the project engineer. e... srac v? STATE OF NORTH CAROLINA S'I'D S'r+i?: ??h It is anticipated that a federally funded Environmental Assessment will be prepared for this project. This document will be prepared in accordance with the National Environmental Policy Act. If you have any questions concerning the project, please contact Charles R. Cox, PE, Project Development Engineer, of this Branch at (919) 733-7844, Ext. 301. Please include the TIP Project Number in all correspondence and comments. GJT/plr Attachment MAILING ADDRESS: NC DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1548 MAIL SERVICE CENTER RALEIGH NC 27699-1548 TELEPHONE: 919-733-3141 FAX: 919-733-9794 WEBSITE: WWWNCDOT.ORG LOCATION: TRANSPORTATION BUILDING 1 SOUTH WILMINGTON STREET RALEIGH NC M - ?? 514 -- ? Evergreen .. 1s74 \ ..j .... Z ER-1 574 IS!t 242 rn ,2`t/ \ ry0ti ry0, 24', SR 1512 LE /I 15'G FEET 0 1000 2000 3000 0 200 400 600 800 METERS NORTH CAROLINA DEPARTMENT OF TRANSPORTATION C DIVISION OF HIGHWAYS PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS BRANCH CONSTRUCT INTERCHANGE AT US 74 & NC 242 ?j ?:-,IS COUNTY I R-4900 ECIL-1 " 1) UU5 FIGURE I AND STpRMWATER BRANCH o?OF \ NA T11 P9 r >_ y D `C MEMORANDUM Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality November 4, 2005 To: Melba McGee, Environmental Coordinator, Office of Legislative and Intergovernmental Affairs From: Brian L. Wrenn, NCDWQ, Transportation Permitting Unit Subject: Request for Comments for the Proposed Interchange at US 74 and NC 242 in Columbus County, Federal Aid No. NHF-74(78), WBS No. 40224.1.1, TIP Project No. R-4900, State Clearinghouse Project No. 06-0119 This office has reviewed the referenced document. The Division of Water Quality (DWQ) is responsible for the issuance of the Section 401 Water Quality Certification for activities that impact Waters of the U.S., including wetlands. After a preliminary review, DWQ has identified the following named streams located within the project study area: Stream Name River Basin Stream Classification Stream Index Number Cow Branch Lumber C; Sw 14-27-6 This project may have impacts to wetlands, streams, and other surface waters associated with Cow Branch. DWQ has the following comments: Project Specific Comments: 1. Cow Branch are Class C; Sw waters of the State. It appears that Cow Branch has large riverine wetland systems that parallel the stream through the project area. DOT should design interchange alternatives that avoid and minimize impacts to these riverine wetlands as much as possible. General Comments: 1. DOT is respectfully reminded that they will need to demonstrate the avoidance and minimization of impacts to wetlands (and streams) to the maximum extent practical. 2. The 401 Water Quality Certification application will need to specifically address the proposed methods for storm water management. More specifically, storm water should not be permitted to discharge directly into streams or surface waters. 3. In accordance with the Environmental Management Commission's Rules { 15A NCAC 2H.0506(b)(6)1, mitigation will be required for impacts of greater than 150 linear feet to any single perennial stream and for impacts of greater than one acre to wetlands. In the event that mitigation is required, the mitigation plan should be designed to replace appropriate lost functions and values. In accordance with the Environmental Management Commission's Rules { 15A NCAC 211.0506 (h)(3)}, the NC Ecosystem Enhancement Program may be available for use as stream mitigation. No Carol'na Transportation Permitting Unit NQtunal, y 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733.1786 /FAX 919.733.6893/ Internet: http://h2o.enr.state.nc.us/ncvvetlands An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper November 4, 2005 Page 2 4. Sedimentation and erosion control measures sufficient to protect water resources must be implemented prior to any ground disturbing activities. Structures should be maintained regularly, especially following rainfall events. 5. Sediment and erosion control measures should not be placed in wetlands. 6. Bare soil should be stabilized through vegetation or other means as quickly as feasible to prevent sedimentation of water resources. 7. DWQ prefers spanning structures for road crossings of streams and wetlands. If applicable, DOT should not install the bridge bents in the creek, to the maximum extent practicable. 8. All work in or adjacent to stream waters should be conducted in a dry work area. Sandbags, rock berms, cofferdams, or other diversion structures should be used where possible to prevent excavation in flowing water. 9. Heavy equipment should be operated from the bank rather than in stream channels in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into streams. This equipment should be inspected daily and maintained to prevent contamination of surface waters from leaking fuels, lubricants, hydraulic fluids, or other toxic materials. Thank you for requesting our input at this time. DOT is reminded that issuance of a 401 Water Quality Certification requires that appropriate measures be instituted to ensure that water quality standards are met and designated uses are not degraded or lost. If you have any questions or require additional information, please contact Brian Wrenn 919-733-5715. cc: Dave Timpy, Army Corps of Engineers Wilmington Regulatory Field Office Gary Jordan, US FWS Travis Wilson, NC WRC Chris Militscher, US EPA Ken Averitte, DWQ Fayetteville Regional Office File Copy Department of Environment and Natural Resources t Office of Legislative and Intergovernmental Affairs Project Review Form rojed Number: Gcxmty. Due Reecivod: Date Respoose Due (firm deadline): nln - /f) I,? Colaahu--5 ais project is being reviewed as indicated below: \ Regional Office Regional Office Arta In-House Review ? Asheville UJA ? Soil & Water o Marine Fisheries ? Fayetteville ` )(Water ? Coastal Management ? Mooresville . k Groundwater Wildlife -11 ? Water Resources h i l A Land Quality Engineer ? Environmental Health g e ? Ra ? Washington ? Recreational Consultant ? Forest Resources ? Solid Waste Mgmt *Wilmington o Land Resources ? Radiation Protection ? Winston-Salem )Darks & Recreation ? Other Water Quality ? Groundwater . ? Air Quality Manager Sign-OfD'Region: Response (check all applicable) ? No objection to project as proposed. o No Comment ? Insufficient information to complete review ? other (specify or attach comments) Date: I In-House RevieM•er/Agency: ?D Q (T Y 9 2005 WFW6 R 'AT ER 4L T r BENCH RETURN TO: Melba McGee Environmental Coordinator Office of Legislative & Intergovernmental Affairs g lu 11; STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR October 7, 2005 OAT -4 " f 2005 G t>pq ?I ` LYNDO TIPPETT Sr.CRETARI' MEMORANDUM TO: Ms. Chrys Baggett, Director State Clearinghouse Department of Administration FROM: Gregory J. Thorpe, Ph.D., Director Project Development and Environmental Analysis Branch SUBJECT: Columbus County, Proposed Interchange at US 74 and NC 242, Federal-Aid Project No. VHF-74(78), WBS No. 40224.1.1, TIP Project No. R-4900. The Project Development and Environmental Analysis Branch is starting the project development, environmental and engineering studies for the proposed interchange at US 74 and NC 242. The project is included in the 2006-2012 North Carolina Transportation Improvement Program and is scheduled for right of way in fiscal year 2009 and construction in fiscal year 2011. Attached for your review and comments are the scoping information sheets for the proposed project. We would appreciate any information you might have that would be helpful in evaluating potential environmental impacts of the project. If applicable, please identify any permits or approvals that may be required by your agency. A scoping meeting will be scheduled with NCDOT staff to discuss the proposed project in more detail. In order to include your comments in our materials for this meeting, we would appreciate your response by November 18, 2005. If you Nvould like to attend the scoping meeting, please notify the project engineer. It is anticipated that a federally funded Environmental Assessment will be prepared for this project. This document will be prepared in accordance with the National Environmental Policy Act. If you have any questions concerning the project, please contact Charles R. Cox, PE, Project Development Engineer, of this Branch at (919) 733-7844. Ext. 301. Please include the TIP Project Number in all correspondence and comments. GJT/plr Attachment MAILING ADDRESS: NC DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1548 MAIL SERVICE CENTER RALEIGH NC 27699-1548 TELEPHONE: 919-733-3141 FAX: 919-733-9794 WEBSITE: WWW.N000T,0RG LOCATION: TRANSPORTATION BUILDING 1 SOUTH WILMINGTON STREET RALEIGH NC '514 / Evergreen <Z42` \ 15!S " \\' 242 1574 -SR 1512 ?` k242 '517 /I 15'2 FEET 0 1000 2000 3000 0 200 400 600 800 METERS NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS BRANCH CONSTRUCT INTERCHANGE AT US 74 & NC 242 COLUMBUS COUNTY TIP PROJECT R-4900 FIGURE I