20110984 Ver 1_Information Letter_20100308

Action ID. SAW-2002-00645
Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF:
March 5, 2010
Dr. Gregory J. Thorpe, PhD, Manager
North Carolina Department of Transportation (NCDOT)
Project Development and Environmental Analysis Branch
1598 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dear Dr. Thorpe:
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Reference is made to your letter dated January 29, 2010, requesting comments regarding
the Environmental Assessment (EA) prepared by North Carolina Department of Transportation
(NCDOT) on behalf of the Federal Highway Administration (FHWA) for project B-4028, the
replacement of bridge numbers 12, 18 and 42 on NC I 1 over the Cape Fear River and overflow,
Bladen County, North Carolina. This project has been assigned Department of the Army (DA)
number SAW-2002-00645; please use this number in all future correspondence.
In compliance with the Memorandum of Understanding signed in May/June 2005 for the
Merger Process and in an effort to be able to adopt (40 CFR 1506.3) the EA for our permitting
process, please address the following:
1. The Cape Fear River at the project location is regulated by the U.S. Army Corps of
Engineers (Corps) under both Section 404 of the Clean Water Act and Section 10 of the Rivers
and Harbors Act of 1899 as a Federal Navigation Project.
a. The Corps is responsible for ensuring continued navigation along its Federal
Projects. In addition to coordinating with the U.S. Coast Guard for the bridge permit, please
coordinate directly with Mr. Justin Amette, Corps Wilmington District Navigation Section, at
[phone], in regards to bridge height.
b. Please amend Section V. Permits to include Section 10 of the Rivers and
Harbors Act of 1899 in addition to the Corps authority under Section 404 of the Clean Water
Act.
2. In your alternatives analysis (Section III), you do not discuss how the new alignment
was chosen. If the western alignment was chosen to minimize impacts to the human and/or
natural environment, please provide details to that effect.
3. The information you provide in Section V concerning impacts to the natural
environment are not detailed enough to determine that the project does not have a significant
impact.
a. You neither provide any information about the extent of waters of the United
States (WOUS) in the project area nor make an estimate of proposed impacts.
b. Avoidance, minimization and compensatory mitigation for unavoidable
impacts are requirements of the Corps regulatory program. You failed to discuss these in
relation to your impacts to WOUS and being able to determine not only the Least
Environmentally. Damaging Alternative but whether or not there will be a significant impact
under the National Environmental Policy Act (NEPA).
c. It appears that on-site compensatory mitigation is available. Please discuss
further in your EA.
4. As a Cooperating Agency under NEPA and as the Federal Agency that has authority
over construction, excavation, or deposition of materials in, over, or under Navigable Waters, or any
work which would affect the course, location, condition, or capacity of those waters. This office is
requesting to be included in the discussions and negotiations between NCDOT, FH WA and the NC
Department of Cultural Resources, State Historic Preservation Office concerning the potential
adverse impact to Bridge number 12, which is eligible for listing in the National Register.
5. Due to the potential impacts to navigation, WOUS and Threatened and Endangered
Species, as well as the potential effects to properties eligible for the National Register, the Corps
recommends that this project be pulled into the Merger Process at Concurrence Point 2.
6. The Jurisdictional Determination for this project is expired. The Corps recommends
that you re-evaluate the site for any possible changes to the extent of WOUS and request a re-
verification prior to finalizing your FONSI.
Thank you for the opportunity to comment, the Corps looks forward to further evaluation
of this project within the Merger Process. As a participating team member, the Corps will
continue to work with the team as it proceeds through the merger process. Additionally, the
Corps would like to attend any upcoming community meetings you have scheduled for this
project. Please notify us as early as possible as to the date, time, and location of these meetings.
Please contact me at [phone] or kimberly.l.garveygusace.army.miI with any questions.
2
Mr. Travis Wilson
Habitat Conservation Program
NC Wildlife Resources Commission
11421-85 Service Rd.
Creedmoor, NC 27522
Mr. James Rerko
North Carolina Department of Transportation (NCDOT)
Division 6 Office
PO Box 1150
Fayetteville, NC 28302