19930520 Ver 1_Complete File_19930920

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i WETLANDS GR01'
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State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
September 10, 1993
James B. Hunt, Jr., Governor
Dr. G. Wayne Wright
Corps of Engineers
P. O. Box 1890
Wilmington, NC 28402
Dear Dr. Wright:
Jonathan B. Howes, Secretary
In keeping with your request, this office has circulated to interested state review agencies
U. S. Army Corps of Engineers Public Notice Action ID. 199302682 dated June 3, 1993, which
describes a project proposed by the N. C. Dept. of Transportation, Division of Highways, of
Raleigh. The project proposal which involves wetland fill to widen road shoulders on a
previously permitted highway improvements project, is located on a U. S. Highway 117
connector between Mount Olive and Faison, in Duplin County.
During the course of the review, no state agency objected to the shoulder widening
project. The Widlife Resources Commission expressed concern over the continued loss of
wetland for this project. According to the record, some 22 acres of prime wetland was
authorized to be impacted under the initial permit. The Wildlife Commission recommends full
mitigation (see attached). This viewpoint supports that position.
At this writing, action has not concluded on the 401 Certification. Reportedly, DOT has
not responded to a request from DEM for more information.
Only if the required 401 is approved should this viewpoint position be considered
favorable.
Should you require additional input from the state on this matter, do not hesitate to
contact this office or the commenting agencies.
Very sincerely,
Joh R. Parker, Jr.
Inland '404 Coordinator
cc: Wildlife Resources Commission
Division of Environmental Management ?
P.O. Box 27687, Raleigh, North Carolina 27611-7687 lclephonc 919-733-4984 Fax N 919 7331)513
An Equal Opportunity Affirmative Action Employer

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AUG-06-1993 10 : 15 FROM EHNR W I Lh1 REG OFFICE
?3j. 13.e
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
July 21, 1993
Mr. Barney 01 Quinn
Planning and Environmental Branch
NC Dept. of Transportation
P.O. Box 25201
Raleigh, N.C. 27611
Dear Mr. O'Quinn:
Re: US 117 connector from Mt.Olive to I---40
Duplin County
DOT Project # 8.1240601, TIP# R-606A
DEM #93520, COE # 199302682
!9! JUL 2 8 1993 LUJ
.......................
The Division of Environmental Management has reviewed your
submittal for a 404 permit for the US 117 Connector from Mount Olive
bypass to 1-40 near Faison, Duplin County. The application states
that DOT prefers a 3:1 fill slope to reduce guard rail requirments in
"areas of marginal wetlands". In order to decide whether this request
is reasonable, please provide information regarding the location of
these "marginal" wetlands, their botanical composition, and the area
involved. This information is needed by DEM in order for us to decide
whether this modification is practicable.
I can be reached at 733-1786 if you have any questions. Until
this information is received, I will request (by copy of this letter)
that the Corps of Engineers place this project on hold.
Sincerely,
C,6?? "L
Jo R. Dorney
onhold.ltr
cc: MWOMM
ln7ilmington District of COE
Wimington Field Office COE
Central Files
David Foster, EHNR
Post-It- brand fax transmittal memo 76711 # Of P69•8 ? (

P.O. Box 29535. Raleigh. North Carolina 27626-0535 lelophone 919-733-/015 FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
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IMPORTANT
Date Time
WHILE YOU WERE Ol
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AREA CODE NUMBER
TELEPHONED PLEASE C
CALLED TO SEE YOU WILL CAI
WANTS TO SEE YOU URGENT
RETURNED YOUR CALL
Message _
Signed
N.C. Dept. of Environment, Health, and N
14,
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
June 11, 1993
MEMORANDUM
TO: Mr. A. Preston Howard, P.E., Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland `404' Coordinator
SUBJECT: `404' Project Review
AT4; ty-een
NOW
E:) FE F1
The attached U. S. Army Corps of Engineers Public Notice for Action No. 199302682 dated
June 3, 1993 describing a proposed project by NC DOT, Duplin Co., is being circulated to
interested state agencies for comments on applicable Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by July 10, 1993. If you have any questions regarding the proposed project, please
contact me at 733-2293. When appropriate, in-depth comments with supporting data is
requested.
REPLY This office supports the project proposal.
No comment.
k-` Comments on this project are attached.
This office objects to the project as proposed.
Signed Date t 3
,
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
• -State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B, Howes, Secretary
June 11, 1993
MEMORANDUM
TO: Mr. A. Preston Howard, P.E., Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland `404' Coordinator
SUBJECT: `404' Project Review
A LT."? F
14
ID EHNR
The attached U. S. Army Corps of Engineers Public Notice for Action No. 199302682 dated
June 3, 1993 describing a proposed project by NC DOT, Duplin Co., is being circulated to
interested state agencies for comments on applicable Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by July 10, 1993. If you have any questions regarding the proposed project, please
contact me at 733-2293. When appropriate, in-depth comments with supporting data is
requested.
REPLY This office supports the project proposal.
No comment.
Comments on this project are attached,
This office objects to the project as proposed.
Signed Date
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An f qud Opportunity Affirmative Action Employer 50% recycled/ 109/. post-consumer papor

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199302682 June 3, 1993
PUBLIC NOTICE
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS,
POST OFFICE BOX 25201, RALEIGH, NORTH CAROLINA 27611-5201, has applied for a
Department of the Army (DA) permit modification TO PLACE FILL MATERIAL IN
WETLANDS OF PANTHER BRANCH, HONEY BRANCH, GOSHEN CREEK AND BEAR POCOSIN
ASSOCIATED WITH THE PREVIOUSLY PERMITTED CONSTRUCTION OF A U.S. HIGHWAY 117
CONNECTOR FROM THE MOUNT OLIVE BYPASS TO I-40 NEAR Faison, Duplin County,
North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the U. S. Army Corps of Engineers (USACE). Plans submitted
with the application show that the original scope of the work will remain
unchanged. Basically, this involves the construction of a 5.8 mile segment of
four-lane divided road through four wetland areas; resulting in impacts to
approximately 22 acres of wetlands, including 2.5 acres of pocosin wetlands
and 19.5 acres of seasonally-flooded bottomland hardwood wetlands.
The applicant states that approximately 4,900 linear feet (as measured
along the centerline) of the project is located in wetlands. As a result,
fill slopes on a 2:1 slope are required, which in turn requires the use of
over three miles of guardrails. The fill height in these areas varies from
four to eight feet. Approximately 60 percent of this guardrail could be
eliminated by flattening the fill slopes to a 3:1 slope in areas of marginal
wetlands, which would result in extending the toe of the slopes between four
and eight feet, depending on the fill height. The actual amount of wetlands l
to be impacted by the modification is unknown at this time but will be
confined to areas which just meet the wetland criteria or are low quality.
The applicant has stated that high quality wetlands and those areas with a
significant fill height will not be impacted by this proposed work.
The purpose of the work is to flatten fill slopes in order to save the
initial cost of guardrail (approximately $190,000) and to save the maintenance
cost on the guardrail for the life of the road. The applicant has stated that
flattened slopes decrease potential slope stabilization problems. Plans
showing the work are included with this public notice.
The State of North Carolina will review this public notice to'determine
the need for the applicant to obtain any required State authorization. No
Department of the Army (DA) permit will be issued until the coordinated State
K `
-2-
viewpoint on the proposal has been received and reviewed by this agency, nor
will a DA permit be issued until the North Carolina Division of Environmental
Management (NCDEM) has determined the applicability of a Water Quality
Certificate as required by PL 92-500.
This application is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the
comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical,•or-historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
-3-
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
The USACE is soliciting comments from the public; Federal, State and local
agencies and officials; Indian Tribes and other interested parties in order to
consider and evaluate the impacts of this proposed activity. Any comments
received will be considered by the USACE to determine whether to issue,
modify, condition or deny a permit for this proposal. To make this decision,
comments are used to assess impacts on endangered species, historic
properties, water quality, general environmental effects and the other public
interest factors listed above. Comments are used in the preparation of an
Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS)
pursuant to the National Environmental Policy Act (NEPAj. Comments are also
used to determine the need for a public hearing and to determine the overall
public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA)
permit will not be made until the North Carolina Division of Environmental
Management (NCDEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The NCDEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army (DA) permit serves as application to the NCDEM for certification.
Additional information regarding the Clean Water Act certification may be,
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management (NCDEM), Salisbury Street,
Archdale Building, Raleigh, North Carolina. Copies of such materials will be
furnished to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management (NCDEM) plans to
take final action in the issuance of the Clean Water Act certification on or
after June 25, 1993.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management (NCDEM), Post Office Box 27687,
Raleigh, North Carolina 27611-7687, on or before June 21, 1993, Attention:
Mr. John Dorney. •
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Jeff Richter, until 4:15 p.m.,
July 5, 1993, or telephone [phone].
ENO PROJECT -
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• \?/! _ LOCATION MAP
SHOWING SITES FOR PERMIT
APPLICATION ALONG PROPOSED U.S. 117
J •` '` N.C. DEPT OF TRANSPORTATION
?•` DIVISION OF HIGHWAYS
SAMPSCN43UPLIN COUNTIES
PROJECT 8.1240601 - R-606A
0. 4000 8000 PROPOSED US 117 CONNECTOR
SCALE IN-FEET. SHEET i OF - 25 NOV,, 1990

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JUN - 7 lyy3
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199302682
June 3, 1993
PUBLIC NOTICE
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS,
611-5201, has applied
for a
POST OFFICE BOX 25201, RALEIGH, NO =modiiicat
Department of the Army (DA) perm' PLACE FILL MATERIAL IN
WETLANDS OF PANTHER BRANCH, HONEY REEK AND BEAR POCOSIN
ASSOCIATED WITH THE PREVIOUSLY PERMITTED CONSTRUCTION OF A U.S. HIGHWAY 117
CONNECTOR FROM THE MOUNT OLIVE BYPASS TO I-40 NEAR Faison, Duplin County,
North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the U. S. Army Corps of Engineers (USACE). Plans submitted
with the application show that the original scope of the work will remain
unchanged. Basically, this involves the construction of a 5.8 mile segment of
four-lane divided road through four wetland areas, resulting in impacts to
approximatel "22 res of wetlands, including 2.5 acres of pocosin wetlands
and 19.5 acres of seasonally-flooded bottomland hardwood wetlands.
The applicant states that approximately 4,900 linear feet (as measured -?
along the centerline) of the project is located in wetlands. As a result,
fill slopes on a 2:1 slope are required, which in turn requires the use of
over three miles of guardrails. The fill height in these areas varies from
ft?
four to eight feet. Approximately 60 percent of this guardrail Coll1or''be
l
eliminated by flattening the fill slopes to a 3:1 slope in areas of C arginal-
wetlands, which would result in extending the toe of the slopes between four
and eight feet, depending on the fill height. The actual amount of wetlands
to be impacted by the modification is unknown at this time but will be
confined to areas which just meet the wetland criteria or are low quality.
The applicant has stated that high quality wetlands and those areas with a
significant fill height will not be impacted by this proposed work.
The purpose of the work is to flatten fill slopes in order to save the
initial cost of guardrail (approximately $190,000) and to save the maintenance
cost on the guardrail for the life of the road. The applicant has stated that
flattened slopes decrease potential slope stabilization problems. Plans
showing the work are included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army (DA) permit will be issued until the coordinated State

-2-
viewpoint on the proposal has been received and reviewed by this agency, nor
will a DA permit be issued until the North Carolina Division of Environmental
Management (NCDEM) has determined the applicability of a Water Quality
Certificate as required by PL 92-500.
This application is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the
comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
.'e I
-3-
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
The USAGE is soliciting comments from the public; Federal, State and local
agencies and officials; Indian Tribes and other interested parties in order to
consider and evaluate the impacts of this proposed activity. Any comments
received will be considered by the USAGE to determine whether to issue,
modify, condition or deny a permit for this proposal. To make this decision,
comments are used to assess impacts on endangered species, historic
properties, water quality, general environmental effects and the other public
interest factors listed above. Comments are used in the preparation of an
Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS)
pursuant to the National Environmental Policy Act (NEPA). Comments are also
used to determine the need for a public hearing and to determine the overall
public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA)
permit will not be made until the North Carolina Division of Environmental
Management (NCDEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The NCDEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army (DA) permit serves as application to the NCDEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management (NCDEM), Salisbury Street,
Archdale Building, Raleigh, North Carolina. Copies of such materials will be
furnished to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management (NCDEM) plans to
take final action in the issuance of the Clean Water Act certification on or
after June 25, 1993.
All persons desiring to make comments regarding the application for clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management (NCDEM), Post Office Box 27687,
Raleigh, North Carolina 27611-7687, on or before June 21, 1993, Attention:
Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Jeff Richter, until 4:15 p.m.,
July 5, 1993, or telephone [phone].

END PROJECT - -

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40

LOCATION MAP
SHOWING SITES FOR PERMIT
APPLICATION ALONG PROPOSED U.S, 117

?-, , ';?/] f'`'v' •?. N.C. DEPT OF TRANSPORTATION
DIVISION OF HIGHWAYS
-
SAMPSCN-0UPLIN COUNTIES

PROJECT 8.1240601 - R-606A
0 0080od PROPOSED US 117 CONNECTOR
SCA IN-FEET SHEET I OF 25 NOV., 1990

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