20161268_Information Letter_20100604

REPLY TO
ATTENTION OF:
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
June 2, 2010
Regulatory Division
Action ID No. 2007 1386
Mr. Jay McInnis
NCDOT,PDEA
1598 Mail Service Center
Raleigh, NC 27699-1598
Dear Mr. McInnis:
A?
Reference is made to Transportation Improvement Project U-4751 and R-3300, also
referred to as the Hampstead Bypass, which originates near the current terminus of Military
Cutoff Road at US Highway 17, extending to the north of Hampstead as a bypass, north
and west of the of the existing Highway 17 corridor, New Hanover and Pender Counties,
North Carolina.
Based on coordination within the Merger process and jurisdictional efforts to date it
is clear that any proposed improvements along the study corridor will likely impact
multiple stream systems, most notably Harrisons Creek, Godfrey Creek, and Island Creek,
and their numerous tributaries. These resource areas provide a number of benefits to
receiving water including the attenuation and de-synchronization of flood events,
improvements to water quality in downstream receiving waters, and the uptake and
transformation of many biologically active compounds. These areas also provide valuable
wildlife habitat for a variety of birds, mammals, amphibians, and reptiles. In addition, a
number of the aforementioned Creeks may provide suitable spawning and foraging habitat
for threatened and endangered species. You should be aware that we consider these
wetlands and tributaries to be of high quality and therefore believe that all efforts should be
undertaken to avoid and minimize impacts. These efforts should include when practicable,
bridging to avoid wetland, stream and/or flood plain impacts, utilizing off-site detours,
employing temporary work bridges during project construction, and the removal of any
approach fills not necessary for this project.
As there is no Federal Highway Administration (FHWA) funding for this project and it will
require a permit from the Wilmington District, U.S. Army Corps of Engineers (Corps) under
authority of Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act,
the Corps will be the lead federal agency for ensuring compliance with National Environmental
Policy Act (NEPA). Although FHWA will not be involved, we believe that this project should
continue to be carried forward through the Merger Process in accordance with the 2005 Merger

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agreement. In addition, we suggest that you review Appendix B of the Corps of Engineers
regulations (found at 33 C.F.R. § 325, Appendix B) regarding NEPA compliance and Section 404
of the Clean Water Act to assist in your NEPA planning efforts.
Based on our initial evaluation of the project, we believe that this project will require an
Environmental Impact Statement (EIS). Although we will not require that a third party contract be
executed for the preparation of this document, we want to stress that it is our intent that this
document will become the Corps of Engineers' NEPA document for this project. To this end, we
will need to ensure that the contractor preparing the EIS does not have any financial interest in the
outcome of the NEPA or 404 permit process. I have enclosed a disclosure statement that must be
signed by the lead contractor developing the document and returned to us for our files. In
addition, we will need to be invited to any public scoping meetings and/or public hearings you
may hold concerning this project, and may need to hold hearings or scoping meetings of our own.
In accordance with the Council on Environmental Quality (CEQ) requirements, we have
published a Notice of Intent (NOI) to prepare an EIS in the Federal Register and will be
responsible for distribution of the draft and final EIS to EPA and the public for review and
comment. Finally, it is our intention to prepare our own Record of Decision (ROD) for the
project once the EIS has been finalized. As the Corps will be the lead federal agency on the
project, and holds ultimate responsibility for the content of the EIS, it will be incumbent upon
NCDOT to provide advance copies of the EIS to the Corps for review and approval prior to NC
DOT's circulation of the document to any other agency or to the public.
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 excavated or fill material in
waters of the United States including streams and wetlands in conjunction with this project,
including disposal of construction debris. Under our mitigation policy, impacts to wetlands should
first be avoided and 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 branch would appreciate the opportunity to review these plans for
project-specific determinations of DA permit requirements.
During the alternatives analysis phase, the Corps, as lead Federal agency, would recommend
that all investigations for Historic Properties, Essential Fish Habitat and Threatened and
Endangered species be conducted in accordance with survey level investigations as conducted
now on any Federal aid project. In order to ensure that our requirements pursuant to Section 106
of the Historic Preservation Act, the Magnuson-Stevens Fishery Management and Conservation
Act, and Section 7 of the Endangered Species Act are met, we must be invited to any coordination
and/or consultation meetings with the State Historic Preservation Office (SHPO), National
Marine Fisheries Service (NMFS), and/or the US Fish and Wildlife Service. Once the Corps
effect(s) determinations have been made, we expect that NC DOT will prepare appropriate
documentation (eg, Biological Assessments, Surveys for historic/archeological features, EFH
documentation) and forward to the Corps for review prior to transmittal to the appropriate agency.
i
Environmental Justice (EJ) issues (if any) will need to be clearly identified and adequately
addressed in the NEPA document. Depending on the level and severity of impacts, additional
public involvement and outreach may be necessary in order to fully satisfy our requirements
under the EJ Executive Order.
If you have any question as the project moves forward, please do not hesitate to
contact Brad Shaver, Div 3-DOT Project Manager in the Wilmington Regulatory Field
Office at 910-251-4611.
Sincerely,
W
Scott ndon
Acting Chief, Regulatory Division
Enclosure
Copies furnished (without enclosure):
NCDOT, Division Three
Attn: Mason Hemdon
124 Division Drive
Wilmington, NC 28401
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Chris Militscher
United States Environmental Protection Agency
Office of Environment Assessment
310 New Bern Avenue, Room 206
Raleigh, North Carolina 27601
Mr. Travis Wilson
North Carolina Wildlife Resources Commission
1142 I-85 Service Road
Creedmoor, North Carolina 27522

Mr. Steve Sollod
North Carolina Division of Coastal Management
2728 Capital Blvd.
Raleigh, North Carolina 27604
Mr. Ron Sechler,
NOAA National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
David Wainwright, North Carolina Division of Water Quality
North Carolina Department of Environment and Natural Resources
1650 Mail Service Center z
Raleigh, North Carolina 27699-1650