20161268 Ver 3_R-3300B, CD17-018 signed_20200625

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
NORTH CAROLINA
Environmental Quality
June 25, 2020
Mr. Mason Herndon, Environmental Program Supervisor
N.C. Department of Transportation, Division 3
5501 Barbados Blvd
Castle Hayne, NC 28429
SUBJECT: CD 17-018 - Supplemental Consistency Concurrence, SR 1409
(Military Cutoff Road) extension and US 17 Hampstead Bypass in
New Hanover and Pender Counties, TIP Nos. U-4751 and R-3300.
Dear Mr. Herndon:
The N.C. Division of Coastal Management (DCM) received a supplemental consistency
certification from the N.C. Department of Transportation (NCDOT) dated April 7, 2020 for TIP
No. R-330013, which is approximately 6.9 miles long, and which involves construction of a four -
lane divided roadway from South of NC 210 to a point North of SR 1563 (Sloop Point Road) in
Pender County. When DCM issued a conditional concurrence on June 16, 2017 for the complete
17.5-mile project which includes TIP No. U-4751 and TIP No. R-3300, final design was only
complete for TIP No. U-4751, which is 5.5 miles. TIP No. R-3300 includes an A -Section and a
B-Section, and at this time, final design is complete for TIP No. R-3300B. TIP No. R-3300A is
still in preliminary design.
The April 7, 2020 submittal included a cover letter, supporting information document, green
sheet project commitments, a Memorandum of Agreement (MOA) among the U.S. Army Corps
of Engineers, NCDOT, and the N.C. State Historic Preservation Officer, and a mitigation request
to the N.C. Division of Mitigation Services (DMS). After the April 7, 2020 submittal, DCM
received the following additional revised information: a revised mitigation proposal dated May
20, 2020, a credit reservation letter from the Northeast Cape Fear Umbrella Mitigation Bank
dated May 21, 2020, six revised permit drawings and updated wetland impact summary sheets
received on June 10, 2020, and a revised DMS Acceptance Letter dated June 17, 2020.
North Carolina's coastal zone management program consists of, but is not limited to, the Coastal
Area Management Act, the State's Dredge and Fill Law, Chapter 7 of Title 15A of North
Carolina's Administrative Code, and the land use plan(s) of the county and/or local
municipalities in which the proposed project is located. It is the objective of DCM to manage the
State's coastal resources to ensure that proposed Federal actions would be compatible with
safeguarding and perpetuating the biological, social, economic and aesthetic values of the State's
coastal resources.
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
252.808.2808

DCM circulated the supplemental consistency certification for TIP No. R-3300B to state
agencies that would have a regulatory or resource interest in the proposed development. No
comments were received asserting that the proposed project would be inconsistent with North
Carolina's coastal management program.
DCM reviewed the information submitted by NCDOT, and the comments received from state
agencies, pursuant to the management objectives and enforceable policies of Subchapters 7H and
7M of Chapter 7 in Title 15A of the North Carolina Administrative Code. DCM concurs that the
proposed project is consistent, to the maximum extent practicable, with North Carolina's
approved coastal management program, with the following conditions:
1. This Conditional Supplemental Consistency Concurrence certifies consistency of TIP R-
3300B for the purposes of construction. However, it does not certify consistency of TIP
R-3300A for the purposes of construction. In the future, when the final design and a
final compensatory mitigation plan for TIP R-3300A are complete, NCDOT shall
submit a Supplemental Consistency Determination to DCM in accordance with
provisions of Federal Consistency under 15 CFR 930.46, Supplemental Coordination for
Proposed Activities. NCDOT shall request that DCM respond with a determination if
the project with the proposed changes remains consistent with North Carolina's coastal
management program.
2. The project shall be implemented in accordance with the Modification of the 401 Water
Quality Certification No. WQ004116 which was issued by the N.C. Division of Water
Resources (DWR) on June 17, 2020 (NCDWR Project No. 20161268 v. 3).
3. In accordance with comments received from the N.C. Division of Water Resources
Public Water Supply Section on May 4, 2020, plans and specifications for the relocation
and/or replacement of water mains must be submitted to the N.C. Division of Water
Resources, Public Water Supply Plan Review Section, for approval prior to
construction. Final approval must be issued before water mains are placed into service.
Should the proposed action be modified, a revised consistency certification could be necessary.
This might take the form of either a supplemental consistency certification pursuant to
15 CFR 930.46, or a new consistency certification pursuant to 15 CFR 930.36. Likewise, if
further project assessments reveal environmental effects not previously considered by the
proposed development, a supplemental consistency certification may be required.
D-E I
NORTH GAROLM Q
OGpirtm6+rt0f Emtronmenbi QueYry�
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1400 Commerce Avenue I Morehead City, North Carolina 28557
252.8082808

If you have any questions or concerns, please contact Cathy Brittingham via e-mail at
cathy.brittinghamna ncderingov or Stephen Lane via e-mail at [e-mail]. Thank
you for your consideration of the North Carolina coastal management program.
cc: Brad Shaver, USACE
Joanne Steenhuis, DWR
Beth Harmon, DMS
Travis Wilson, WRC
Renee Gledhill -Earley, SHPO
Heidi Cox, DWR-PWSS
Tara MacPherson, DCM
Stephen Lane, DCM
Sincerely,
Daniel Govoni
Federal Consistency Coordinator
NORTH CAROUWl_EQj
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North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
252.808.2808