20100362 Ver 1_Application_20100511

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
BEVERLY EAVES PERDUE
GOVERNOR
Mr. Brad Shaver
U. S. Army Corps of Engineers ® ®
Regulatory Field Office S' 6 2
69 Darlington Ave.
Wilmington, NC 28403
Subject: Application for a Section 404 Individual Permit and Section 401 Water Quality
Certification, for the proposed US 17 Improvements from the Jacksonville Bypass
to Drummer Kellum Road Jacksonville, Onslow County, TIP U-4007, Debit $570
from WBS 35008.1.1
Dear Sir:
The North Carolina Department of Transportation (NCDOT) proposes to improve the existing US
17 from the Jacksonville Bypass to Drummer Kellum Road in Onslow County. This application
package consists of the cover letter, ENG Form 4345, half size plan sheets, permit drawings, mailing
labels, and the Hydraulic Design Concurrence meeting (4B, 4C) minutes for U-4007.
Purpose and Need
The purpose and need of the project is to increase safety, provide route continuity and reduce
congestion.
Summary of Impacts
Construction of the proposed project will necessitate impacts to Jurisdictional Waters of the U.S.
There will be a total of 8.25 acres of permanent wetland impacts. Proposed construction will also
permanently impact 3,039 feet of jurisdictional streams. ,
Summary of Mitigation
May 7, 2010
EUGENE A. CONTI, JR. "wy
SECRETARY
The proposed construction of U4007 will impact 4.01 acres of riparian, 4.24 acres of non-riparian
wetlands and 3,039 linear feet of stream that will require compensatory mitigation. NCDOT will
utilize the NC Ecosystem Enhancement Program (EEP) for satisfying the federal Clean Water Act
compensatory mitigation requirements for the unavoidable impacts to 8.25 acres of wetlands and
3,039 feet of jurisdictional stream.
MAILING ADDRESS:
NC DEPARTMENT OF TRANSPORTATION
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS
1598 MAIL SERVICE CENTER
RALEIGH NC 27699-1598
TELEPHONE: [phone]
FAX: [phone]
WEBSITE: WWW.NCDOT.ORG
LOCATION:
4701 ATLANTIC AVENUE
SUITE 116
RALEIGH NC 27604

Project Schedule
t` U-4007 has been divided into two sections, A and B. The limits and let dates are in Table 1. The
let dates, however, may advance as additional funds become available. Both sections have final
design and final impacts.
Table 1. Proiect Sections and Scheduling
Section Project Limits Review Date Scheduled
Let Date
U-4007A Begins on the east side of Bell Fork Rd. and 8410 MM4)71Y-$
ends at Huff Dr. C• o ),-W ; ) -?-V ti%
U-4007B. Begins from, the Jacksonville Bypass north of $
US l17ti and-.ends at the intersection with 10014\e 1AA 1'
Western Blvd. Extension at Gateway North
Drive.
NEPA Document Status
Fd
IL
v
An Environmental Assessment (EA) and a Finding of No Significant Impact (FONSI) for U-4007
were approved by the Federal Highway Administration (FHWA) on October 30, 2006 and February
12, 2008 respectively and circulated to the appropriate agencies.
Independent Utility
The subject project complies with 23 CFR Part 771.111 (f), which lists the FHWA characteristics of
independent utility of a project:
1) The project connects logical termini and is of sufficient length to address environmental
matters on a broad scope;
2) The project is usable and a reasonable expenditure, even if no additional transportation
improvements are made in the area;
3) The project does not restrict consideration of alternatives for other reasonably
foreseeable transportation improvements.
Resource Status
Wetlands and surface.waters within the U-4007 Preferred Alternative corridor were originally
delineated in 2002 and re-evaluated in July 2005 and August 2007 using the field delineation
method outlined in the 1987 Corps of Engineers Wetland Delineation Manual. The North Carolina,
Division of Water Quality's (DWQ) Identification Methods for the Origins of Intermittent and
Perennial Streams was used to make stream determinations. All streams are in the White Oak River
Basin, Hydrologic Unit 03030001. Jurisdictional features were verified by Dave Timpy and
Jennifer Frye of the US Army Corps of Engineers (USACE) on May 9, 2006 and August 8, 2007,
respectively.
2
Impacts to Jurisdictional Resources
Impacts to jurisdictional streams for U-4007A are summarized below in Table 2 and U-40078 in
Table 3.
Table 2. Jurisdictional Streams (U-4007A)
Stream Name

Permit Site Stream
assification
Cl
permanent (ft.)
Temporary (ft.)
Scales Creek (SA 30) 2 Perennial 680 80
6
40
UT Scales Creek (SA 6
12 perennial 420 0
UT Scales Creek (SA 10
08) Intermittent 0 35
Total: 1,740 115
Table 3. Jurisdictional Streams -40076
Stream Name
Permit Site Stream
Classification permanent (ft.) Temporary (ft.)
Sand Run Branch* 1 Perennial 290 0
Dee Gull SA 17 4 Perennial 301 0
UT Mill Creek (SA 6
15) perennial 260 0
Mill Creek SA 01 7 Perennial 326 0
UT Deep Gully (SA 9

18) Intermittent 122 0
Total: 1,299 0
I he inlet extension is proposed to be on a 0.0% grade and will be at bed level.
Impacts to jurisdictional wetlands for U-4007A are summarized below in Table 4 and U-4007B in
Table 5.
Table 4. Wetland Impacts (U-4007A)
Wetland
Name
Permit Site
Permanent (ac.)
Temporary (ac.) Riparian/
Non-Riparian
WTL-V 1 <0.01 0 Riparian
WTL-T 2 0.52 0 Riparian
WA 42 3 2.72 0 Non-Riparian
WA 15 4 0.10 0 Non-Riparian
WA 30 5 0.39 0 Riparian
WA 40 6 0.16 0 Riparian
WA 14 7 1.52 0 Riparian
WA 12 8 0.12 0 Non-Riparian
WA 12 9 0.01 6 -Riparian
Total: 5.55 0 2.59/2.95
Table 5. Wetland Impacts (U-4007B)
Wetland
Name
Permit Site
Permanent (ac.)
Temporary (ac.) Riparian/
Non-Riparian
WA 09 2 0.35 0 Non-Ri arian
WA 17 3 0.78 0 Non-Riparian
WA 19 4 0.65 0 Riparian
WA 19 5 <0.01 0 Riparian
WA 22 6 0.29 0 Riparian
WA 03 7 0.37 0 Riparian
WA 16 8 0.16 0 -
Non-Riparian
WA 20 9 0.11 0 Riparian
Total: 2.70* 0 1.42/1.29
* Site 5 impacts are less than 0.005 acre. Therefore, due to rounding, total impacts are 2.70.
Impacts to Waters of the U.S.
Permanent Impacts: Proposed permanent impacts include which 4.02 acres to riparian wetlands and
4.24 acres to non-riparian wetlands resulting from fill, excavation, and mechanized clearing.
Proposed permanent impacts for streams is 3,039 feet resulting from culvert installation, extension
and roadway fill.
Utility Impacts: There will be no impacts to jurisdictional resources due to utilities for U-4007.
Protected Species
The USFWS list fourteen federally protected species for Onslow County as of the January 31, 2008
listing (Table 6).
Table 6. Federally protected snecies of Onslow f'nnnto
Scientific Name Common Name Habitat
Present Status Biological
Conclusion
Puma concolor cou uor Eastern cougar No E No Effect
Trichechus manatus West Indian manatee No E No Effect
Lindera melissi olia Pond berry Yes E No Effect
Charadrius melodus Piping lover No T No Effect
Picoides borealis Red-cockaded 'Woodpecker No E No Effect
Alligator mississi iensis American alligator No T(S/A N/A
Caratta carretta Loggerhead sea turtle No T No Effect
Chelonia m das Green sea turtle No T No Effect
Dermochel s coriacea Leatherback sea turtle No E No Effect
Carex lutea Golden sedge No E No Effect
Aci enser brevirostrum Shortnose sturgeon No E No Effect
Thalictrum coo/e i Coole 's meadowrue Yes E No Effect
Amaranthus umilus Seabeach amaranth No T No Effect
L simachia as erulae olio Rough leaved loosestrife Yes E No Effect
nme: n - cnaangerea, i - mreatenea, I (N/A) - threatened due to similarity of appearance
Plant re-surveys will be conducted prior to let for the plant species that have habitat in the study
area.
4
Cultural Resources
Archaeology and Historic Architecture
There are no known historic resources in the project's area of potential affect. The State Historic
Preservation Office (HPO) and NCDOT concurred that the project will have no effect on any known
historic architectural or archaeological resources and do not recommend further architectural or
archaeological surveys.
FEMA Compliance
The project has been coordinated with appropriate state and local officials and the Federal
Emergency Management Agency (FEMA) to assure compliance with FEMA, state, and local
floodway regulations.
Mitigation Options
The NCDOT is committed to incorporating all reasonable and practicable design features to avoid
and minimize jurisdictional impacts, and to provide full compensatory mitigation of all remaining,
unavoidable jurisdictional impacts. Avoidance measures were taken during the planning and NEPA
compliance stages; minimization measures were incorporated as part of the project design.
Avoidance and Minimization
All jurisdictional features were delineated, field verified and surveyed within the corridor for U-
4007. Using these surveyed features, preliminary designs were adjusted to avoid and/or minimize
impacts to jurisdictional areas. NCDOT employs many strategies to avoid and minimize impacts to
jurisdictional areas in all of its designs. Many of these strategies have been incorporated into BMP
documents that have been reviewed and approved by the resource agencies and which will be
followed throughout construction. All wetland areas not affected by the project will be protected
from unnecessary encroachment. Individual avoidance and minimization items are as follows:
• The project was designed to avoid or minimize disturbance to aquatic life movements.
• Crossings of jurisdictional areas were angled to cross as perpendicular as possible to minimize
impacts.
• The use of 3:1 fill slopes in jurisdictional areas.
• The Western Parkway alignment will be shifted to avoid the relocation of the stormwater pond.
The revised alignment will require the relocation of approximately 0.5 acre of an existing
stormwater pond. The pond would be expanded at the existing site to compensate for the area
taken. This revised alignment increases stream impacts by approximately 130 feet.
• Access along Western Parkway would be fully controlled with designated access points along
the roadway.
• Design Standards in Sensitive Watersheds for portions of the project area that drain to Scales
Creek.
• Use of pre-formed scour holes.
Compensation
The NCDOT has avoided and minimized impacts to jurisdictional resources to the greatest extent
possible as described above. The unavoidable impacts to jurisdictional wetlands will be offset by
compensatory mitigation provided by the NC Ecosystem Enhancement Program (EEP). A copy of
the EEP acceptance letter will be forwarded upon receipt.
Indirect and Cumulative Effects
Per the U-4007, Indirect and Cumulative Effects Assessment Update, a re-examination of the data
and conclusions from the 2006 document, as well as the updated analysis, both support the final
determination that U-4007 has a low potential for inducing change in land use that would notably
contribute to cumulative effects. No additional ICE study is recommended.
Regulatory Approvals
Section 404: Application is hereby made for a USACE Individual 404 Permit as required for the
above-described activities.
Section 401: Application is hereby made for a Section 401 Water Quality Certification from the
N.C. Division of Water Quality.
A copy of this permit application will be posted on the DOT website at:
http://www.iicdot.orWdoh/preconstruct/pe/neu/permit.htmi.
LAMA: A Consistency Certification will be submitted to the NC Division of Coastal Management
under a separate cover.
If you have any questions or need additional information, please contact John Merritt at
[e-mail] or [phone].
Sincerely,
E, j k
(CI Gregory J. Thorpe, Ph.D., Manager
Environmental Management Director, PDEA Branch
Cc:
w/attachment Mr. Victor Barbour, P.E., Project Services Unit
Mr. Brian Wrenn, NCDWQ (5 copies) Mr. H. Allen Pope, P.E., Division 3
Ms. Jennifer Derby, USEPA Mr. Mason Herndon, Division 3
Ms. Beth Harmon, EEP
W/o attachment (see website for attachments)
Dr. David Chang, P.E., Hydraulics
Mr. Jay Bennett, P.E., Roadway Design
Mr. Majed Alghandour, P. E., Programming and TIP
Mr. Art McMillan, P.E., Highway Design
Mr. Scott McLendon, USACE, Wilmington
Mr. Steve Sollod, NCDCM
Mr. Travis Wilson, NCWRC
Mr. Gary Jordan, USFWS
Mr. Phillip Ayscue, NCDOT External Audit Branch
Mr. Drew Joyner, P.E., Human Environment Unit
Mr. Clarence W. Coleman, P.E., FHWA
Mr. Ron Sechler, NMFS
Ms. Anne Deaton, NCDMF
Mr. Brian Yamamoto, P.E., Planning Engineer
Mr. Mark Staley, Roadside Environmental
Mr. Greg Perfetti, P.E., Structure Design
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT I OMB APPROVAL NO. 0710-003
(33 CFR 325) Expires December 31, 2004
Public 'reporting burden for this collection of information is estimated to average 10 hours per response, although the majority of applications should
require?5 hours or less. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed,
and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information
Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 222024302; and to the Office of Management and Budget,
Paperwork Reduction Project (0710-0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law, no
person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number.
Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction
over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authority: Rivers and Harbors Act, Section 10, 33 USC 403: Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research and Sanctuaries
Act, 33 USC 1413, Section 103. Principal Purpose: Information provided on this form will be used in evaluating the application for a permit Routine
Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies. Submission of
requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that is not completed in full will be returned.
4 TO BE BILLED BY THE C
1. APPLICATION NO. I 2. FIELD OFFICE CODE 13. DATE RECEIVED 4. DATE APPLICATION COMPLETED
5. APPLICANTS NAME
North Carolina Department of Transportation
Project Development & Environmental Analysis
BE
6. APPLICANTS ADDRESS
4701 Atlantic Avenue
Suite 116
Raleigh, NC 27604
7. APPLICANTS' PHONE NOS.
a. Residence
b. Business 919-431-6749
8. AUTHORIZED AGENTS NAME AND TITLE Ian agent is not required) ,
H. AUtN 1'S AUUKtSS
10. AGENTS PHONE NOS. W/AREA CODE
a. Residence
b. Business
11. STATEMENT OF AUTHORIZATION
I hereby authorize, to act in my behalf as my agent in the processing
request, supplemental information in support of this permit application.
APPLICANTS SIGNATURE DATE
application and to furnish, upon
NAME, LOCATION, AND DESCRIPTION OR PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (sea instructions)
U-4007 I
13. NAME OF WATERBODY, IF KNOWN If applicable)
Creek, one UT to Scales Creek, Deep Gully Creek, one UT to Deep Gully
Mill Creek and one UT to Mill Creek. and Sandv Run Branch
15. LOCATION OF PROJECT
COUNTY
STATE
14. VKUJtU1 51 KEE I AUUKt35 if applicable)
Ili. U 1 KtK LUCA I IUN DESCRIPTIONS, IF KNOWN (see instructions) Section, Township, Range, Lat/Lon, andlor Accessores Parcel Number, for example
1 t. UIKtC I IUNS 10 THE SITE
Please see attached vicinity map and cover letter.
94 15 OBSOLETE (P„? 1 01 417,
I& Nature of Activity (Description of project, mWe all features)
Proposed US 17 Improvements from the Jacksonville Bypass to Drummer Kellum Road.
19. Project Purpose (Describe the reason or purpose M the project, see inseuclions)
The purpose and need of the project is to increase safety, provide route continuity and reduce congestion.
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
Construction of roadway.
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
Please see attached permit drawings
22. Surface Area in Acres of Wetlands or Other Waters Filled (see Instrugbns)
There will be a total of 4.01 acre of permanent riparian wetland impacts, 4.24 acre of permanent non-riparian impacts and
0.58 acres (3,039 linear feet) of permanent surface water impacts. There will also be 0.02 acre (115 ft) of temporary surface water
impacts.
23. Is Any Portion of the Work Already Complete? Yes _ No X IF YES, DESCRIBE THE COMPLETED WORK
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (n more than con be entered here, please attach a supplememal list).
Please see sheet attached list in the permit drawing package.
25. List of Other Certifications or Approvals(Denials Received from other Federal, State, or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
Would include but is not restricted to zoning, buildinq, and flood plain permits
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is
complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent
of the ap
f,FtR.
E r - -7 la
SIG OF APPLICANT DATE SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized
agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly
and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fad or makes any false, fictitious or fraudulent statements or
representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall
be fined not more than $10,000 or imprisoned not more than five years or both.
END FORM 4345, Jul 97 EDITION OF FEB 94 IS OBSOLETE (Proponent: CECW-OR)
Project Schedule
U-4007 has been divided into two sections, A and 13. The limits and let dates are in Table 1.
The let dates, however, may advance as additional funds become available. Both sections have
final design and final impacts.
Table I. Project Sections and Scheduling
Section Project Limits Review Date Scheduled
Let Date
U-4007A Begins on the east side of Bell Pork Rd. and 8/30/2011 10/18/2011
ends at Huff Dr.
U-400713 Begins from the Jacksonville Bypass north of 8/31/2010 10/19/2010
US 17 and ends at the intersection with
Western Blvd. Extension at Gateway North
Drive.
rY
YiNi llt
PROGRAM
May 25, 2010
Mr. Gregory J. Thorpe, Ph.D.
Manager, Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Dr. Thorpe:
Subject: EEP Mitigation Acceptance Letter:
U-4007, US 17 Improvements from Jacksonville Bypass to Drummer Kellum Road,
Onslow County
The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will provide the
compensatory stream and non-riparian wetland mitigation for the subject project: Based on the information supplied
by you on April 30, 2010, the impacts are located in CU 03030001 of the White Oak River Basin in the Souther
Outer Coastal Plain (SOCP) Eco-Region, and are as follows:
White Oak Stream Weilands ' Buffer (Sq. F[.): '
03030001 Non- Coastal
SOCP Cold Cool Warm Riparian Ri arian Marsh one I Zone 2
Impacts - 0 0 3
039 0 4.24 0 0 0
(feet/acres) , +
Mitigation Units 0 0 6,078 0 8.48 0 0 0;°
'

(Credits-up to 2:1) .
.
EEP commits to implementing sufficient compensatory stream and non-riparian wetland mitigation credits
to offset the impacts associated with this project by the end of the MOA Year in which this project is permitted, in
accordance with Section X of the Amendment No. 2 to the Memorandum of Agreement between the North Carolina
Department of Environment and Natural Resources, the North Carolina Department of Transportation, and the.U. S.
Army Corps of Engineers, fully executed on March 8, 2007. If the above referenced impact amounts are revised,.
then this mitigation acceptance letter will no longer be valid and a new mitigation acceptance letter will be required
from EEP.
1929.
If you have any questions or need additional information, please contact Ms. Beth Harmon at 919-715-
Sincerely,
Willia D Gilmore, P.E.
EEP Director
cc: Mr. Brad Shaver, USACE - Wilmington Regulatory Field Office
Mr. Brian Wrenn, Division of Water Quality, Wetlands/401 Unit
File: U-4007
R"t-ov..• F .. Psrotect? ' Our State ©?A
?=????^??• RUM
'North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
AG k
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
1 v
June 10, 2010
JUN 9
D. R. Henderson, P.E. ?
NCDOT Hydraulics Unit D
1590 Mail Service Center
Raleigh, NC 27699-1590
Subject: NCDOT Exclusion from Stormwater Management Permit Regulations
TIP No. U-4007B US 17 Western Parkway
Stormwater Project No. SW8 100216
Onslow County
Dear Mr. Henderson:
The Wilmington Regional Office received a completed NCDOT Linear Roadway Project
application for the subject NCDOT Linear Road / Bridge project. Staff of the Wilmington.
Regional Office has reviewed the plans and calculations for compliance with DOT's
NPDES Stormwater permit and have determined that the proposed project has'mef•
those permit requirements. Additionally, the proposed.BMP's have been reviewed andI1' i'• '-
determined to be in compliance with the NCDOT Tool Box Design Manual. Based'on
the submitted information, the proposed project is excluded from the stormwater•
management permit requirements as provided for in Section 2.(d)(1) of Session Law ~ ;t
2008-21.1. ; i
Thdetermination applies only to the Coastal Stormwater Management Permit for-the `i!-"? ' , tli
currently proposed linear road/ bridge activity. If at anytime, construction activities
differ in any manner from what is shown on the plans on file with the Division, 'including
r
changes to the approved BMP's, then you must resubmit the project for review of the
applicability of the stormwater management rules prior to said construction. If yob-have' `•
any questions concerning this matter, please do not hesitate to call Linda Lewis or- me
at(910)796-7215..
Sincerely,
Georgette D. Scott
Stormwater Supervisor
Division of Water Quality
GDS/arl: S:\WQS\Stormwater\Exempt\NCDOT\100216.jun10
cc: Marshall Clawson, P.E.
Wilmington Regional Office Stormwater File
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 North {Carob na
Internet: vvvrx.nc terquahty.org '? v/ atur,7//l1
,-
A
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
January 29, 2010
Marshall Clawson, PE
NCDOT Hydraulics Unit
1590 Mail Service Center
Raleigh, NC 27699
Subject: Stormwater Permit Exclusion - NC DOT Activity
TIP No: U-4007A
Stormwater Project No. SW8 090904
Onslow County
Dear Mr. Clawson:
FEB 0 2 20iD -
13iVISiR ee MAYS
HV{ ULtC6 UNIT
On December 23, 2009, the Wilmington Regional Office of the Division of Water Quality
received a completed Coastal Stormwater Permit Application for the subject proje6t*4he
extension of White Street from Bell Fork Road to Western Blvd. In Jacksonville.'-Staff'
review of the plans and supporting documents has determined that the project proposes' I '.
activities that are excluded from State Stormwater permitting requirements as set forth
in Section 2.(d)(1) of Session Law 2008-211, effective October 1,2008, and the
stormwater rules under Title 15A NCAC 2H .1000, as amended.
Therefore, the Director of the Division of Water Quality is hereby providing confirmation):: =
that the subject project is excluded from State Stormwater permitting requirements,'
being an activity of the NC DOT that is regulated in accordance with the provisions%of
the NC DOT's National Pollutant Discharge Elimination System (NPDES) Stormwater
Permit.
Under Section 15A NCAC 2H .1003, any future development or changes to the .
proposed development, including but not limited to, the locations of the built-upon-area
and construction of additional built-upon area, may require approval or a Stormwater
Management permit application and permit issuance from the Division of Water Quality
prior to any construction. Any construction on the site prior to receipt of the required
approval or permit will constitute a violation of Title 15A NCAC 2H.1000 and Session
Law 2008-211, and may result in the initiation of appropriate enforcement action. :C;
Please keep in mind that this determination does not affect your legal obligation to
obtain other permits and approvals, which may be required by Federal, State, or local
government agencies, rule or law.
Wilmington Regional office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: [phone] FAX [phone] Customer Service: 177.6238748
Internet:v .no ateiquality.org
An Equal Opporuinity 1 Aflirmalive Action Employer
NorthCarolina
Naturally
If you have any questions, or need additional information concerning this matter, please
contact either Aisha Lau or me at [phone].
Sinc ely,
eorgette Scott
Stormwater Supervisor
Division of Water Quality
GDS/AHL: S:\WQS\STORMWATER\PERMIl1090904.jan10
cc: Mr. Matthew Lauffer, PE, NCDOT Hydraulics Unit
Inspector, Onslow County Inspections
Division of Coastal Management
Wilmington Regional Office
Central Files

Page 2 of 2
ARA.
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
June 21, 2010,
Gregory J. Thorpe, Ph.D.
Environmental Manager Director
Project Development and Environmental Analysis Branch
NC Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
SUBJECT: Status of Consistency Certification Submission Proposed US 17
Improvements from the Jacksonville Bypass to Drummer Kellum
Road in Jacksonville, Onslow County, U-4007 (DCM#20100076)
Dear Dr. Thorpe:

The Division of Coastal Management (DCM) received complete documentation supporting, :.;_: r;
the consistency certification for the subject proposed project from the NC Department.gf
Transportation (NCDOT) on June 17, 2010. Pursuant to the requirements of 15 CFR.930:60; : "
the purpose of this letter is to inform NCDOT and the U.S. Army Corps of Engineers ,.. _ .
(USACE) that the State of North Carolina has initiated its Federal Consistency review:' Please ti . .
be aware that additional questions about the proposed project maybe identified during then.:
consistency review process that would require the submission of additional information from
NCDOT.

On June 24, 2010 the public review period for this consistency review will be initiated with.;.
the public notice to be printed on June 24, 2010 in the "Jacksonville Daily News". r
Furthermore, the project consistency documentation is being distributed to State agencies that would:.:
have a regulatory interest in the proposed activity for review and comment. The public review periods
will close on July 25, 2010. We intend to make a decision regarding whether the proposed activitycr. ::.
would be consistent with the State's coastal management program soon thereafter.
Pursuant to 15 CFR 930.62, the State of North Carolina has six (6) months from the receipt of:
the consistency certification, or December 17, 2010, to either concur or object to the
consistency certification. However, if the State of North Carolina has not reached a decision
by that time, then pursuant to 15 CFR 930.62(3), DCM and NCDOT may mutually agree to
extend the consistency time clock. Pursuant to 15 CFR 930.53, no Federal license or permit
can be issued by a Federal agency until the requirements of Subpart "D' of 15 CFR 930 have.:.
been satisfied. In the event the State objects to the consistency certification, the procedures of
15 CFR 930.63 and 15 CFR 930.64 would then apply.
400 Commerce Avenue, Morehead City, North Carolina 28557-3421
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer- 50% Recycled \ 10% Post Consumer Paper
Status of Consistency Certification Submission Page 2
US 17 Improvements, Jacksonville, U-4007
Please note that the Division of Coastal Management does not typically issue a consistency
concurrence decision until the applicant has obtained all other required State permits and/or
authorizations. Other required State approvals may include, but arc not limited to, a Section
401 Water Quality Certification, a stormwater management permit, an approved wetland
and/or stream mitigation plan or acceptance of any proposed mitigation by the NC Ecosystem
Enhancement Program (EEP). Before DCM makes a final decision on this consistency
determination, all of these approvals, as required, must be obtained. Please forward copies of
the approvals to DCM as they are received.
Please contact me at 919-733-2293, extension 230 or via e-mail at [e-mail] if
you have any questions. Thank you for your consideration of the North Carolina Coastal
Management Program.

Sincerely,
i
I;
cc:. Doug Huggett, DCM
Stephen Jane, DCM
John Merritt, NCDOT
Chris Rivenbark, NCDOT
Stephen Rynas, DCM
Arad Shaver, USACE
David Wainwright, DWQ