20001045_Complete File_20000929

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JAMES B. HUNT JRyyx
GOVERNOR s,D
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WAYNE: MCDEVITT
SECRETARY
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DONNA D. MOFFITT
DIRECTOR .
NORTH CAROLINA DE ARTM N OF
ENVIRONMENT AND NATURAL RESOURCES
DIYISION OF COASTAL MANAGEMENT
Mr. David Timpy, Project Manager
Regulatory Division
US Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
January 7, 2000
SUBJECT: Public Notice, Action ID No. 199603836, Department of the Army
permit application from the NC Department of Transportation to place
dredged or fill material into waters of the United States to construct a
portion of the Smith Creek Parkway from 23rd street to 3rd street,
Wilmington, New Hanover County, NC, TIP No. U-92AB, State
Project No. 8.2250101.
Dear Mr. Timpy:
The Division of Coastal Management (DCM) has reviewed the above referenced
Public Notice dated October 7, 1999 pursuant to 15 CFR 930 Subpart D, Consistency
for Activities requiring a Federal License and NC Executive Order 15, Consistency
for State Activities.
The NC Department of Transportation (NCDOT) proposes to construct a 4-lane
divided highway on new location that will extend from 23rd street to 3rd street in
Wilmington, New Hanover County, NC. The proposed access-controlled facility
will be constructed in two sections U-92A and U-92B. The purpose of the proposed
project is to provide a controlled access facility that will eventually extend from US
Highway 17 (Market Street) and Eastwood Road to downtown Wilmington.
The proposed project will impact 11 individual wetland sites that are located
primarily on small stream or channelized creek crossings. These areas are dominated
by both hardwood and softwood species including red maple (Acer rubrum),
sweetgum (Liquidambar styraciJlua), black gum (Nyssa sylvatica), tulip poplar
(Liriodendron tulipfera), and loblolly pine (Pinus taeda). The total project wetland
impacts are 6.4 acres and 360 feet of perennial stream. Section U-92A will impact
1.6 acres of jurisdictional wetlands and 360 feet of perennial stream. Section U-9213
will impact 4.9 acres of wetlands and will not impact any streams. In order to
compensate for the unavoidable 6.4 acres of wetland impacts associated with this
project, NCDOT submitted a mitigation proposal that consists of four mitigation
sites. These include the Smith Creek, McRae Street, Third Street and North Kerr
Avenue mitigation sites. NCDOT has not completed the final design plans at this
time.
1638 MAIL SERVICE CENTER, RALEIGH, NC 27699-1638
2728 CAPITAL BLVD., RALEIGH, NC 27604
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER
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A determination of consistency with the North Carolina Coastal Management Program will not
be made until a Coastal Area Management Act (CAMA) permit application for the full project is
received and reviewed by this office. When final action is taken on the CAMA permit
application, the CAMA action will serve as the state's consistency determination. However, in
order to identify any concerns as early in the planning process as possible, DCM sent the Army
Corps of Engineers' public notice to the appropriate state agency reviewers for comment on the
proposal's consistency with the North Carolina Coastal Management Program. A list of the
agency responses that were received is provided below, along with a brief synopsis of their
comments. Please contact me if you would like copies of any of the agency responses.
Reviewing agency comments will be taken into consideration before final action is taken on any
CAMA permit application for this project. Therefore, any concerns identified by reviewing
agencies will need to be resolved by NCDOT before the proposed project can be determined to
be consistent with the North Carolina Coastal Management Program.
Comments received from state reviewing agencies:
1. Division of Coastal Management
• A CAMA permit will be required prior to the letting of the construction contract.
• DCM has not received a copy of the mitigation plan for this project to review. A
mitigation plan will need to be approved by DCM and the NC Division of Water Quality
in consultation with the NC Wildlife Resources Commission before final action is taken
on any future CAMA permit applications received for this project.
• At this time the proposed project is consistent with the Wilmington-New Hanover 1997-
2010 Comprehensive Plan if it meets all local, state and federal regulations. The
Wilmington Urban Area Transportation Plan Update was recently completed and should
be consulted for consistency. In addition, discussion with the local government in
regards to this project is strongly encouraged. The Comprehensive Plan and
Transportation Plan were both recently adopted, so many of the implementation actions
are scheduled for action in the upcoming few years. Changes in local regulations may
affect determination of consistency with the local land use plan.
• A 401 Water Quality Certification will be required from the NC Division of Water
Quality prior to the onset of construction.
2. NC Wildlife Resources Commission. "At this time we find the project as proposed consistent
with our Policies and Guidelines for conservation of wetlands and aquatic habitats officially
adopted by the Wildlife Resources Commission".
3. Division of Land Resources. "The NCDOT project must be conducted in compliance with all
provisions of the NC Sedimentation Pollution Control Act and the Memorandum of
Agreement between the NCDOT and the Division of Land Resources".
4. Division of Marine Fisheries. "This office supports the project proposal".
5. Division of Hi hg ways. "This office supports the project proposal".

6. Shellfish Sanitation Unit. "The applicant should contact Ken Sholar with mosquito control in
New Hanover County".
7. Division of Community Assistance. "This office supports the project proposal".
If you have any questions or concerns, please contact me at [phone] x 238 or via e-mail at
[e-mail]. Thank you for your consideration of the North Carolina Coastal
Management Program.
Sincerely, Q
Cathy Br' ngham
Transportation Project Coordinator
cc: William Gilmore, Department of Transportation
Donna Moffitt, Division of Coastal Management
Charles Jones, Division of Coastal Management
$ob Stroud, Division of Coastal Management
Caron Whitaker, Division of Coastal Management
David Cox, NC Wildlife Resources Commission
Dan Sams, Division of Land Resources
Patti Fowler, Shellfish Sanitation Unit
John Hennessy, Division of Water Quality 1?
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May 18, 2000
MEMORANDUM TO: Attendees
FROM: Sue Brady
Project Development and Environmental Analysis
SUBJECT: New Hanover County, Smith Creek Parkway (Sections A and
B), TIP No. U-92AB, State Project No. 8.2250102, COE
Action ID No. 199603836
An agency meeting was held on May 12, 2000 in Wilmington to discuss the mitigation
plan and designs for the subject project. Comments and issues raised during the meeting
are listed below, and a list of attendees is attached.
1. After a brief introduction by Dave Schiller (NCDOT-PDEA), Marc Clifford
(NCDOT-Roadway) gave an overview of the sites and how they are to be incorporated
into the road design. Each mitigation site was then addressed individually.
Third Street Site:
Ron Sechler (NMFS) asked about the current and planned vegetation on this site. Dave
Schiller, Sue Brady (NCDOT-PDEA) and Marc Clifford described the site and the
proposed work. Later in the meeting, John Hennessy (DWQ) brought up using a
reference site to monitor the hydrology, but it was decided that due to the small site size
this was not necessary.
McRae Street Site:
Marc Clifford described the site and proposed work. Wanda James (NCDOT-
Construction) asked about the "soil rehabilitation" work. David Cox (NCWRC)
suggested that we err on the "deep side" when excavating the existing roadway fill, and
backfill with suitable soil if necessary.
Smith Creek Site:
Marc Clifford discussed that this site will be constructed similarly to the Bridge
Maintenance Site (grading to the toe of the roadway fill slope), and how some of the solid
waste disposal for this site may be done prior to letting Section A of the Parkway. Dave
Timpy (USACE) asked about the scheduling of the work on the site, and Marc Clifford
and Joe Blair (NCDOT-Div. 3) explained that the site will be built with Section A of the
Parkway, with construction beginning early in the contract.
Access to the site was discussed, as we are unable to enter through the south end of the
Corbett property. Using matting or a haul road across the wetland area within the site in
order to carry excavated materials off-site to the east was discussed. The possibility of
also using this haul road during bridge construction was brought up, but concerns about
impacts to the wetland were raised. Dave Timpy requested that we look at this area
during the field visits this afternoon.
Wanda James brought up the design of the swales in the large section of the site. She
suggested taking the swale all the way across the site and tying it to the creek on both
sides. An elevation of the existing mudflats at the ends and a maximum of 2.5' in the
center were suggested, with finger swales extending out into the site. Ron Sechler
suggested meandering the swale. Wanda, Pat Kerr (NCDOT-Construction), and Randy
Turner (NCDOT-Div. 3 Environmental Officer) emphasized the importance of flexibility
during construction of these sites, in order to adapt to on-site situations. Dave Timpy and
John Hennessy (DWQ) agreed, in this case, because of Wanda and Pat's experience in
mitigation construction.
Marc Clifford asked about putting swales in the smaller area of this site. Pat Kerr said a
swale would be placed starting at the elevation of the existing mudflat, and tied to the
existing pond or proposed roadside ditch. David Cox suggested not taking the swale all
the way to the proposed ditch, since extensive erosion may occur.
Wanda James suggested that 5-6 feet of filter fabric and riprap be used on all slopes
adjacent to wetland areas to protect them from erosion.
Bridge Maintenance Site:
Marc Clifford gave a description of the work planned for Phase Il of this site. Phase I is
already constructed.
Waste Treatment Site and County Property Site:
Marc Clifford gave a description of the work planned for these sites, and mentioned that
Section B of the Parkway is still in the preliminary design phase.
2. John Hennessy said that there may be problems with the acres of impact vs. the
acres of mitigation for the project, and he will get together with Sue Brady, Dave
Schiller, and Dave Timpy to discuss.
3. Dave Timpy said that it is hard to reference the permit drawings to the plans. He
would like half-size plans showing the areas of impact and the mitigation sites so that it is
easier to follow. He also mentioned that a Microstation file might be useful. Ron Sechler
agreed and requested that this type of plans be sent to the other agencies as well.
4. Sue Brady gave a description of the stream impact sites. Marc Clifford said that
the area where relocation was proposed is probably not feasible, as there is rock present.
Sue will re-evaluate the stream mitigation plan and revise.
5. The proposed addition to U-92A (deck rehabilitation on the west end of the NE
Cape Fear River Bridge) was described by Lonnie Brooks (NCDOT-Structure Design).
All work will be on the bridge deck, and no in-water work will be involved. Ron Sechler
stated this wouldn't affect anadromous fish. Based on comments made, no permit or
permit modification is needed for this work.
6. Potential use of jetting piles was discussed. Scott McLendon (USACE) said that
if we don't know beforehand that this will be used, a permit mod would be necessary.
Scott and Dave Timpy said that if we do need to use jetting, we should explain why in the
permit application, and provide the locations, quantity of spoil, and how the spoil will be
removed.
7. John Hennessy asked about the mitigation site dispensation, and Dave Schiller
responded that NCDOT will retain the sites or deed them to an appropriate agency, as
appropriate. NCDOT has established a procedure to ensure that mitigation properties
retained by NCDOT are identified by a special number, so that they are not mistakenly
impacted in the future. Dave will provide John with information on this issue.
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List of Attendees:
David Schiller NCDOT-PDEA [phone]
Tom McCartney USFWS [phone] x. 32
John Hennessy NCDWQ [phone]
Sue Brady NCDOT-PDEA [phone]
Dave Timpy USACE [phone]
Randy Turner NCDOT Div. 3 Environmental Officer [phone]
David Cox NCWRC [phone]
Jimmy Norris NCDOT-Roadway [phone]
Marc Clifford NCDOT-Roadway [phone]
Hugh Thompson NCDOT Div.3 Right of Way [phone]
Pat Kerr NCDOT Div.3 Construction [phone]
Katie McKeithan NCDOT- Roadside Environmental [phone]
Randy Wise NCDOT- Roadside Environmental [phone]
Joe Blair NCDOT Div.3 [phone]
Byron Moore NCDOT- Roadside Environmental [phone]
Ron Sechler NMFS, HCD [phone]
Andrew Nottingham NCDOT- Hydraulics [phone]
K.T. Cross NCDOT Div.3 Construction [phone]
Greg Smith NCDOT- Geotechnical [phone]
Wanda James NCDOT Div.3 Construction [phone]
John Anderson NCDOT-Right of Way [phone]
Scott McLendon USACE [phone]
Chuck McDonald NCDOT-Locations and Surveys [phone]
Kathy Matthews USEPA [phone]
Lonnie Brooks NCDOT-Structure Design [phone]
Seth Denney NCDOT-Structure Design [phone]
aPP??e-NTOp Ty?/ United States Department of the Interior
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FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
'9CH `Ib Raleigh, North Carolina 27636-3726
November 18, 1999
Mr. David Timpy
U.S. Army Corps of Engineers
Wilmington District Office
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Dear Mr. Timpy:

of,1° .

This is the report of the U.S. Fish and Wildlife Service (Service) on Public Notice (PN) ID
#199603836, dated October 7, 1999. The North Carolina Department of Transportation
(NCDOT) has applied for a Department of the Army (DOA) permit to place dredged or fill
material into waters of the United States to construct a portion of the Smith Creek Parkway from
23rd Street to Third Street in the City of Wilmington, New Hanover County, North Carolina (TIP
No. U-92AB). This report is submitted in accordance with the Fish and Wildlife Coordination
Act (48 stat. 401, as amended; 16 U.S.C. 661-667d), and Section 7 of the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531-1543). It is to be used in your determination of
compliance with the Environmental Protection Agency's 404(b)(1) Guidelines (40 CFR 230) and
in your public interest review (33 CFR 320.4) as they relate to protection of fish and wildlife
resources.
The NCDOT proposes to construct a 4-lane highway on new location that will extend from 23rd
Street to Third Street in Wilmington. The proposed access-controlled facility will be constructed
in two sections, U-92A and U-92B. Section U-92A will connect with the recently completed
section U-92C that extends from NC 132 to 23rd Street and will terminate at McRae Street.
Section U-92B will connect with section U-92A at McRae Street and will terminate at Third
Street in downtown Wilmington. The NCDOT has completed a mitigation proposal for the
proposed project but has not completed the final design plans at this time.
The proposed project will impact 11 individual wetland sites that are located primarily on small
stream or channelized creek crossings. The total project-related wetland impacts are 6.4 acres
and 360 feet of perennial stream, with U-92A impacting 1.6 acres of jurisdictional wetlands and
360 feet of perennial stream and U-92B impacting 4.9 acres of wetlands and no streams.
In order to compensate for the unavoidable loss of 6.4 acres of wetland associated with this
project, the NCDOT submitted a mitigation proposal that consists of four mitigation sites. These
are the Smith Creek, McRae Street, Third Street, and North Kerr Avenue sites. The Smith Creek
site was originally proposed for mitigation for U-92C, with the mitigation site to be completed
no later than the construction of U-92C. Due to delays caused by a problem with obtaining
access to the site, and concerns about potential hazardous wastes at the site that caused the
contractor to withdraw from the contract, the site was not constructed for the intended project
section. Subsequently U-92C was completed and the NCDOT was granted a permit modification
to allow the construction of the Bridge Maintenance site as mitigation for U-92C in lieu of the
Smith Creek site.
At this time the access and contaminant problems have been addressed and completion of the
Smith Creek site is now being proposed to take place concurrently with the construction of U-
92A & B.
Construction of the McRae Street site will take place concurrently with the construction of
sections U-92A and U-92B. Completion of the Third Avenue site will take place after
completion of all road and bridge construction at this site, under Section U-92A. The Kerr
Avenue site is privately owned at this time.
Because there have been significant delays in constructing the Smith Creek mitigation site, and
one segment (U-92C) of the project has been completed without mitigation in place, the Service
prefers that (1) a Smith Creek Site mitigation plan be completed and approved prior to
commencing construction of project segments U-92A and B, and (2) mitigation sites are to be
completed before project construction is completed.
In summary, based on information contained in our files, the Public Notice, and previous
correspondence on this project, the Service recommends that a Department of the Army (DOA)
permit not be issued for this project unless this application is accompanied by a completed and
approved mitigation constuction plan for the Smith Creek site, and that all mitigation sites will
be completed prior to completion of construction of the project.
The Service appreciates the opportunity to comment on this public notice. Please advise us of
any action taken by the Corps of Engineers on this permit application. If you have any questions
regarding our recommendations, you may contact Tom McCartney at 919-856-4520, ext. 32.
Sincerely,
114U
Thomas P. A s ur e
p g
Acting Ecological Services Supervisor
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cc:
COE, District Engineer, Wilmington, NC
WRC, Creedmore, NC (David Cox)
DWQ, Raleigh, NC (John Hennessy)
FHWA, Raleigh, NC (Nicholas Grao
EPA, Atlanta, GA (Ted Bisterfield)
FWS/R4:TMcCartney:TM:11/16/99:919/856-4520 extension 32:\id199603.836
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