20161268 Ver 1_Complete File_20051201

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P. O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Division
November 29, 2005
SUBJECT: Action ID 199900796; TIP Project No. R-3300, Military Cutoff Road Extension
Gregory J. Thorpe, Ph.D.
Environmental Management Director, PDEA
N.C. Department of Transportation
1548 Mail Service Center
Raleigh, NC 27699-1548
Dear Dr. Thorpe:
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Reference your September 7, 2005 letter requesting our scoping comments on the
proposed Military Cutoff Road Extension, TIP Project No. R-3300, New Hanover County, North
Carolina. Your letter also requested comments on the proposed Hampstead Bypass, TIP Project
No. U-4751 located in New Hanover and Pender Counties.
Based on a recent field inspection by this office, information provided in the referenced
letter and a review of the soil survey for New Hanover County by the Natural Resources
Conservation Service, the proposed Military Cutoff Road Extension project may impact
jurisdictional waters and wetlands of the United States. More information is needed on the
extent, location, and community type of all the impacted wetlands and streams before an
environmental assessment can be made. In addition, this information is needed to decide
whether or not coordination pursuant to the integrated Section 404/NEPA Merger Process is
warranted. Our comments on the proposed Hampstead Bypass, TIP Project U-4751, will be
provided in separate correspondence.
Department of the Army (DA) permit authorization, pursuant to Section 404 of the Clean
Water Act of 1977, as amended, will be required for the discharge of dredged or fill material in
waters of the United States or any adjacent wetlands in conjunction with this project, including
disposal of construction debris. Pursuant to our mitigation policy, impacts to wetlands should
first be avoided or minimized. We will then consider compensatory mitigation for unavoidable
impacts. When final plans are completed, including the extent and location of any work in
wetlands, our regulatory division would appreciate the opportunity to review these plans for
project-specific determinations of DA permit requirements.
Pursuant to the Council on Environmental Quality, (40 CFR 1501.6 Cooperating
Agencies), we would like to participate in the development of the necessary environmental
document as a Cooperating Agency and would appreciate this request to participate as a
cooperating agency in writing from the lead Federal agency, in this case the Federal Highway
Administration (FHWA). It is our intention to formally adopt the FHWA NEPA document, in
whole or in part, provided it meets our requirements relative to Section 404 of the Clean Water
Act and NEPA when the Record of Decision (or Finding of No Significant Impact, as
appropriate) is completed. Please note that other program commitments will preclude us from
funding or writing any portion of the subject document. However, it is our intention to fully
participate in the development of the necessary document throughout the integrated NEPAJ404
Merger process.
Should you have any questions please contact the undersigned in the Wilmington Field
Office at [phone].
Sincerely,
David L. Timpy
NCDOT Project Manager
Copies Furnished:
Mr. John Domey
NCDENR-DWQ
Wetlands Section
1650 Mail Service Center
Raleigh, NC 27699-1650
Mr. Pete Benjamin
United States Fish & Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Christopher Militcher
USEPA Raleigh Office
Office of Environmental Assessment
310 New Bern Avenue, Room 206
Raleigh, NC 27601
M
Mr. Travis Wilson
Highway Coordinator
North Carolina Wildlife Resources Commission
1142 I-85 Service Road
Creedmoor, North Carolina 27522
Mr. Mr. Doug Huggett
NC Division of Coastal Management
Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557-3421
Mr. Allen Pope, PE
Division Engineer
North Carolina Department of Transportation
Division 3
124 Division Drive
Wilmington, North Carolina 28401