US 13/US 158 (8)

US 13-158
From US 158/NC 45 Near Winton to US 158 at Tarheel
Hertford and Gates Counties
State Project 35488.1.1
TIP Project R-2507A
ADMINISTRATIVE ACTION
STATE FINDING OF NO SIGNIFICANT IMPACT
N. C. Department of Transportation
Division of Highways
In Compliance with the North Carolina Environmental Policy Act
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The following person may be contacted for additional information concerning this
proposal and statement:
Mr. Gregory J. Thorpe, Ph. D., Manager
Project Development and Environmental Analysis Branch
NC Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
[phone]APPROVED:
Date Fv
?C'iregory J: Thorpe, Ph.D.,
Manager,
Project Development and Environmental Analysis Branch
US 13-158
From US 158/NC 45 Near Winton to US 158 at Tarheel
Hertford and Gates Counties
State Project 35488.1.1
TIP Project R-2507A
ADMINISTRATIVE ACTION
STATE FINDING OF NO SIGNIFICANT IMPACT
N. C. Department of Transportation
Division of Highways
In Compliance with the North Carolina Environmental Policy Act
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Documentation prepared in the Project Development and Environmental Analysis Branch
by:
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Olivia J. Fa}f '
Project Planning Engineer,
Project Development and Environmental Analysis Branch
Ja es A. McInnis, Jr., E
Project Engineer,
Project Development and Environmental Analysis Branch
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TABLE OF CONTENTS
PROJECT COMMITMENTS .............................................................................................. i
1. TYPE OF ACTION ..........................................................................................................1
IL DESCRIPTION OF ACTION .........................................................................................1
IL SUMMARY OF ENVIRONMENTAL EFFECTS .........................................................2
IV. COMMENTS AND COORDINATION ........................................................................3
A. DISTRIBUTION OF THE ENVIRONMENTAL ASSESSMENT ...............................................3
B. COMMENTS ON THE ENVIRONMENTAL ASSESSMENT ...................................................3
C. PUBLIC INVOLVEMENT ................................................................................................7
D. OTHER AGENCY INVOLVEMENT ..................................................................................R
V. REVISIONS TO THE ENVIRONMENTAL ASSESSMENT ......................................8
A. RECOMMENDEDALTERNATIVE ...................................................................................R
B. AVOIDANCEANDMINIMIZATION ................................................................................g
C. CORRECTIONS TO THE ENVIRONMENTAL ASSESSMENT ...............................................9
VL BASIS FOR FINDING OF NO SIGNIFICANT IMPACT ..........................................10
LIST OF FIGURES
Figure 1- Project Vicinity Map
Figure 2- Correction to Aerial Photograph of Project
APPENDIX A- Agency Comments on the Environmental Assessment
APPENDIX B- NEPA/404 Merger Team Concurrence Forms
LIST OF TABLES
Table 1- Summary of Environmental Impacts .....................................................................2
Table 2- Revision to Summary of Environmental Impacts ..................................................9
PROJECT COMMITMENTS
US 13-158
From US 158,INC 45 Near Winton to US 158 at Tarheel
Hertford and Gates Counties
State Project 35488.1.1
TIP Project R-2507A
Hvdraulics Unit
The Hydraulics Unit will coordinate with the NC Floodplain IVlapping Prograrn
(FIVIP), to determine whether the Memorandum of Agreement between NCDOT and the
FMP is applicable or if approval of a Conditional Letter of Map Revision (CLOMR) and
subsequent final Letter of Map Revision (LOMR) will be required for this project.
Division One Construction
No in-water work will be perfornled in the Chowan River between February 15t'
and June 30th, due to the presence of anadroinous fish.
NCDOT's Stream Crossing Guidelines for Anadromous Fish Passage will apply
to the Chowan River crossing.
This project involves construction activities on or adjacent to FEMA-regulated
stream(s). Therefore, the Division shall submit sealed as-built construction plans to the
Hydraulics Unit upon completion of p7•oject construction, certifying that the drainage
structure(s) and roadway embankment that are located within the 100-year floodplain
were built as shown in the construction plans, both horizontally and vertically.
Temporary baiTier and erosion control fencing, signage and any other pertinent
means will be used within the boundaries of the Story's Crossroads Historic District in
order to protect histoY•ic district Y•esources during construction.
Raadway Design Unit/Strueture Design Unit(Transportation Prograim Management
Unit
Fifty-four inch rails will be provided on the outside of proposed bridges in order
to accornrnodate bicycles. The rails on the east side of the existing bridge over the
Chowan River will be reti•ofitted to accommodate bicycles. An eight-foot outside
shoulder will be provided on the proposed new bridges in order to accoinmodate bicycles.
A six-foot paved outside shoulder is proposed for the portion of US 13-158 signed as
NC Bike Routes 3A and 4(US 158 near Winton to NC 137).
State Finding of No Significant Impact - R-2507A Page 1 of 3
April 2011
Roadway Design UnitlTranspartatian Program Mauiagement Unit
The width of the proposed right-of-way will be reduced from 200` to 150` and
expressway gutters will be used on both sides of the roadway in the vicinity of the Stoiy's
Crossroads Historic District.
All construction easements within the Story's Crossroads Historic District will be
temporary.
Within the Stoiy's Crossroads Historic District, the Transportation Program
Management Unit will consult with NCD(JT Historic Architecture, SHPO, and the
property owners to determine the location and appearance of above-ground features like
fire hydrants and utilities, as well as the relocation and realignrnent, where necessary, of
driveways.
Steeper side slopes (3:1) will be used in jurisdictional areas.
The median width in Section 1 will be reduced fi•oin 46` to 30` at the Chowan
River structure.
Utilities Unit/Division One Construction
Fire hydrants will be added on the opposite side of US 13-158 from existing fire
hydrants as part of this proj ect. These hydrants are being added in order to prevent the
fire department from having to cross the median to fill water trucks.
Huinan Environment Unit
Prior to the initiation of construction, NCDOT shall record the Story's Crossroads
Historic District and its surroundings in accordance with the "Historic Structures and
Landscape Recordation Plan" prepared for the included with the Memorandum of
Agreement (MOA) prepared regarding the historic district.
Copies of the docurnentation will be deposited with the SHPO, NCDOT Historic
Architecture Group and the property owner prior to the letting of the contract for the
project or no later than one year of the execution of the M(JA.
NCDOT Historic Architecture shall provide fencing design assistance. NCDOT
Historic 4rchitecture and SHPO shall review and comment on the resultant plan.
State Finding of No Significant Impact - R-2507A Page 2 of 3
April 2011
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Roadside Enviroiunental Unit
A landscape plan for those parts of the Story's Crossroads Historic District
directly impacted by the project will be developed and irnplemented, in consultation with
the SHPO and the property owners in the historic district. The plan will utilize inaterials
from native plant cornmunities and Y•eplace existing fencing as necessary to reestablish a
natural appearance and composition, as well as help screen properties from the widened
roadway.
Existing features within the historic district will be inventoried and the propei-ty
owners will be coordinated with during development of the plan. NCDtJT Historic
Architecture and SHPO will review and comment on the landscape plan. The landscape
mitigation plan will be incorporated into the final design plan.
State Finding of No Significant Impact - R-2507A Page 3 of 3
April 2011
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STATE FINDING OF NO SIGNIFICANT IMPACT
PREPARED BY THE
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS BRANCH
DIVISION OF HIGHWAYS
NORTH CAROLINA DEDPARTMENT OF TRANSPORTATION
L TYPE OF ACTION
This is a State Finding of No Significant Impact prepared in compliance with the
North Carolina Environmental Policy Act.
IL DESCRIPTION OF ACTION
The purpose of the proposed project is to reduce traffic congestion and improve
travel time and safety along US 13-158 in the project area.
The proposed project involves widening a section of US 13-158 between
US 158/NC 45 near Winton in Hertford County to US 158 at Tarheel in Gates County
from two to four lanes. An expressway type facility is recommended far this project.
The proposed project is approximately 7.1 miles long (Figure 1).
It is anticipated approximately 200 feet of right of way will be required for the
project. Partial control of access (one access per parcel for properties with no other
access) will be obtained. All intersecting roadways will cross US 13-158 at-grade, no
grade separations or interchanges are proposed, with one exception. The exception is
construction of an interchange at the intersection of US 13 and US 158/NC 45 north of
W inton.
The proposed project will address the following needs:
• By the year 2030, portions of US 13-158 within the project area will operate at
capacity.
• US 13-158 in the project area is a regionally important route, carrying a large
number of trucks.
• The fatal accident rate along US 13-158 in the project area exceeds the statewide
average for similar facilities.
The project is included in the approved 2009-2015 North Carolina State
Transportation Improvement Program (STIP) with right of way and construction in state
fiscal years 2011 and 2014, respectively. The schedule in the draft 2012-2018 STIP is for
right of way acquisition and construction to begin in state fiscal year 2011. The draft
2012-2018 STIP includes an estimated right of way acquisition cost of $3,100,000 and
construction cost of $49,400,000. Total project cost included in the draft 2012-2018
STIP is $54,810,000.
The latest estimated costs for project R-2507A are shown below:
Right of Way Acquisition $ 3,478,400
Wetland/Stream Mitigation $ 2,172,400
Construction $50,400,000
Total Cost $55,650,400
II. SUMMARY OF ENVIRONMENTAL EFFECTS
Anticipated effects of the proposed project are shown in Table 1 below.
TABLE 1
SUMMARY OF ENVIRONNTENTAL EFFECTS
Residential Relocatees 7 Effect on Historic Properties?* Yes
Business Relocatees 5 Receptors Iinpacted By Traffic 14
Noise
Wetlands Affected (Ac.) 30.57 Forested Areas Affected (Ac.) 170.23
(Delineated)
Prime Farmland Affected
Stream Im pacts (Ft.) 598 * * 114
(Ac.)
Protected Species Habitat? Yes Total Length {Miles} 7.1
Effect on Protected Species? No Effect Total Cost (NIillions) $55,650,000
* Two properties eligible for the National Register will have an adverse effect.
** Prime farmland as determined by the Natural Resource Conservation Service.
It will be necessary to obtain an Individual Section 404 Permit from the US Army
Corps of Engineers for this project. This project will also require a Section 441 Water
Quality Certification from the NC Division of Water Quality. A state stormwater permit
may also be required.
This project will require a CAMA (Coastal Area Management Act) permit from
the NC Division of Coastal Management. A CAMA Major Development permit will be
required.
A bridge permit will be required from the Coast Guard and a Section 14 permit will
be required from the US Army Corps of Engineers for the proposed new structure over the
Chowan River. The Coast Guard permit cannot be issued until the Section 441 Water
Quality Certification and the Certification of Consistency with the Coastal Zone
Management Act is received.
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IV. COMMENTS AND COORDINATION
A. Distribution of Environmental Assessment
Copies of the state environmental assessment were made available to the public
and to the following federal, state and local agencies:
*US Department of the Army - Corps of Engineers (Wilmington District)
US Coast Guard (Fifth District)
*US Environmental Protection Agency
*US Fish and Wildlife Service - Raleigh
NC Department of Administration - State Clearinghouse
*NC Department of Cultural Resources
*NC Department of Environment, Health and Natural Resources
Gates County
Hertford County
Peanut Belt Rural Planning Organization
Town of Winton
Asterisks (*) indicate agencies from which comments on the environmental
assessment were received. Copies of letters received are included in Appendix A of this
document.
B. Comments on the Environmental Assessment
below:
Substantive comments on the state environmental assessment (SEA) are discussed
US Army Corps of Engineers
COMMENT: "The only flood plains that are addressed in the assessment are those that
are being regulated by the Federal Emergency Management Agency (FEMA). The flood
hazard evaluations discussed in paragraph H should also apply to non-FEMA regulated
streams to ensure that the construction does not cause additional flooding on these
steams."
NCDOT RESPONSE: The coordination between NCDOT and the Floodplain Mapping
Program described in Section V-H ofthe SEA is required for FEMA regulated
floodplains. For all stream crossings, NCDOT will conduct hydraulic studies as part of
project design to insure proposed hydraulic structures are adequately sized.
US Fish and Wildlife Service
COMMENT: "The Service is concerned with the large wetland impacts, of which much
occurs within the Chowan Swamp Game Land. NCDOT should minimize impacts to the
maximal extent possible. For unavoidable impacts, compensatory mitigation options
adjacentto the Chowan Swamp Game Land should be explored. Strong consideration
should be given to obtaining mitigation sites that could be transferred to the Game Land
for protection and management."
NCDOT RESPONSE: Section V-B of this document discusses avoidance and
minimization measures proposed for the project. The NEPA/404 merger team concurred
on these measures on October 19, 2010 (see concurrence form in Appendix B of this
document). As discussed in Section V-A-2-d of the SEA, on-site mitigation will be
considered far the project. The Ecosystem Enhancement Program (EEP) will provide
required mitigation beyond what can be provided on-site.
COMMENT: "Widening US 13-158 to four lanes may lead to increased black bear
mortality via road kill, with increasing danger to the traveling publia ln addition to the
direct effects of mortality, bear behavior and home ranges may be affected by avoidance
of the road, and/or the bear population could be fragmented and genetically isolated. This
SEA does not address black bears in any meaningful way."
NCDOT RESPONSE: This is a widening of an existing facility project, therefore a
certain amount of habitat fragmentation already exists prior to this project. Widening US
13-158 to four lanes will not necessarily lead to increased black bear mortality or increase
the danger to the traveling public. Although the project will result in wildlife having to
cross four lanes rather than two, the four lanes will reduce the density of traffic,
increasing the gaps between vehicles and reducing the likelihood of an animal being
struck.
COMMENT: "There is one federally endangered species listed for Gates and Hertford
Counties, the red-cockaded woodpecker (Picoides borealis). NCDOT has determined
that the project will have no effect on this species. The Service concurs with this
determination at this time. However, since some potentially suitable habitat still occurs
within the project study area, and given the fact that active clusters were observed as
recent as 2000, and given the fact that the last surveys were conducted in 2007, an
additional survey should be conducted prior to project let."
NCDOT RESPONSE: NCDOT will continue to coordinate with the US Fish and
Wildlife Service regarding federally-protected species as project development continues.
The project was surveyed by NCDOT in January 2011 for federally-protected species.
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Division of Coastal Management
COMMENTS: "Priar to the issuance of a CAMA permit, DCM will need specific plans
for on-site mitigation. In order to avoid delays during the permit process, it is
recommended that this information be provided to the NEPA/404 project team as soon as
possible."
NCDOT RESPONSE: On-site mitigation plans and confirmation from the Ecosystem
Enhancement Program regarding off-site mitigation will be provided to the Division of
Coastal Management along with the project permit application.
COMMENTS: "Additional measures to discuss include, but are not limited to, the
following: reduced widths of the median, road shoulders and bike lanes, steeper fill
slopes; applicability of the fisheries moratorium to wetlands; and additional measures to
accommodate wildlife, particularly due to the high local population of black bears:"
NCDOT RESPONSE: Section V-B of this document discusses avoidance and
minimization measures proposed for the project. The NEPA/404 merger team, including
the NC Division of Coastal Management, concurred on these measures on October 19,
2010 (see concurrence form in Appendix B ofthis document).
NC Natural Heritage Program
COMMENT: "On the north side ofthe Chowan River, much ofthe land on both sides
of existing US 13 is owned by the N.C. Wildlife Resources Commission and operated as
the Chowan Swamp Game L,and. Of greater importance is that the land on the east side
of US 13, from the river northeastward for about 1.05 mile, is part of a Dedicated State
Nature Preserve -the Chowan Swamp Game Land DNP. Legal action would be required
to impact forested land within this dedicated area. Thus, it is highly recommended that
widening of US 13 in this section be done to the northwestern side of the existing road (as
is indicated in the EA on Table 4- Section 1{[West Side Widening]). Consideration
should be given to mitigation for this loss of state-owned wildlife game land, much or
most of which was acquired by several state funds directed toward conservation
purposes."
NCDOT RESPONSE: Proposed widening across the Chowan Swamp Game Land will
occur on the west side of existing US 13-158. NCDOT has and will continue to
coordinate with the NC Wildlife Resources Commission as project development
continues regardingthe project's effects on the Chowan Swamp Game Land.
COMMENT: `Both our database records, and the EA, indicate that the former cluster of
the Federally Endangered red-cockaded woodpecker (Picoides borealis) present on the
eastern quadrant of the US 13/NC 137 intersection is now historical; no birds were seen
or heard in the survey conducted by NCDOT far the study. Even so, the U.S. Fish and
Wildlife Service should be consulted regarding this project, as not only were birds present
at the locale formerly, but birds might still be present within 1/2-mile of the corridor to
the northwest of this intersection."
NCDOT RESPONSE: NCDOT has coordinated with the US Fish and Wildlife Service
regarding federally-protected species during project development studies and will
continue to do so as this project progresses.
NC Division of Marine Fisheries
COMMENT: "The NCDMF has reviewed the document and requests more information
on how the Folly Branch and Jady Branch unnamed tributaries will be crossed. The
NCDMF requests the use of bridges when building over all water bodies."
NCDOT RESPONSE: Bridges are proposed for the Chowan River and Buckhorn Creek
crossings, all other crossings will provide hydraulic conveyance equal to or less than a 72
inch pipe. The NEPA/404 merger team, including the NC Division of Marine Fisheries,
concurred on bridging decisions on August 20, 2009 (see concurrence form in Appendix
C ofthe SEA).
COMMENT: "The proposed site is an Anadromous Fish Spawning Area; therefore the
NCDMF also recommends an in-water work moratorium from February 15Ih through
September 30lh , not the February 15Ih through June 15"' window stated on page i of the
project commitments. This additional time will ensure thatthe environmental integrity of
the area is protected during critical times of usage by the various species of anadromous
fishes."
NCDOT RESPONSE: The February 15'h through June 15th construction moratorium
discussed in Section V. A. 1. b of the SEA was based on coordination with the NC
Wildlife Resources Commission, which shares jurisdiction over this portion ofthe
Chowan River with the Division of Marine Fisheries. Following receipt of this comment,
NCDOT staff coordinated with the Division of Marine Fisheries regarding the appropriate
construction moratorium and the Division of Marine Fisheries agreed that a February 15th
to June 30th moratorium is appropriate.
NC Division of Water Quality
COMMENT: "The NCDWQ recommends that highly protective sediment and erosion
control BMP's be implemented to reduce the risk of nutrient runoff to these waterbodies.
The NCDWQ request that road design plans provide treatment of the storm water runoff
through best management practices as detailed in the most recent version of the
NCDWQ's Stormwater Best management Pracrices. "
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NCDOT RESPONSE: NCDOT's Best Management Practices for Protection ofSurface
Waters (March 1997) will be followed pursuant to state statute 15A NCAC 0213.0104
(m).
COMMENT: "The DWQ prefers on-site mitigation when practical and feasible. The
DWQ encourages the NCDOT to fully investigate all potential on-site mitigation
possibilities."
NCDOT RESPONSE: As discussed in Section V-A-2-d of the SEA, on-site mitigation
will be provided, where possible. The Ecosystem Enhancement Program (EEP) will
provide required mitigation beyond what can be provided on-site.
COMMENT: "The document does not discuss Indirect and Cumulative Effects in much
detaiL The DWQ would like to review the ICE screening tool results for this project."
NCDOT RESPONSE: Section V-G of the SEA discusses the cumulative impacts of this
project and other adjacent projects, but did not discuss the potential for land use changes
as a result of the project. A qualitative indirect and cumulative impacts analysis
conducted for the project found that there is a low potential for land use change as a result
of the project. A copy of the ICE screening tool has been provided to the NC Division of
Water Quality.
C. Public Involvement
A public hearing was held far the project on August 19, 2010 in Winton. An
informal open house was held prior to the formal hearing. Approximately 140 people
attended the hearing. Seventeen people spoke during the formal hearing and 34 written
comments were submitted.
The majority of verbal and written comments (35%) expressed opposition to the
project. Several of those commenting questioned the need for the project. Most of the
remaining comments related to the proposed median and the proposed superstreet
intersection treatments and/or the effect of the project on access to property.
NCDOT staff met with a group of citizens and local officials, including the Eure
Volunteer Fire Department, on September 23, 2010. Most of those commenting at the
meeting were opposed to the proposed superstreet intersection configuration for the
project. They asked for traditional full-movement median openings and for a traffic
signal at the NC 137 intersection. Representatives of the fire department expressed
concerns that the proposed median will result in longer response times and might lower
the fire departmenYs rating, which would result in higher insurance premiums for area
residents. The fire department representatives explained that they have to haul water to
fires in the area. As the fire hydrants are only on one side of US 13-158, the median will
increase the travel time for their water trucks.
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NCDOT staff explained that the proposed median and superstreet intersections are
proposed to increase the safety of the roadway. NCDOT staff explained that there have
been accident problems in other rural areas which had full-movement median crossovers.
The introduction of a traffic signal at NC 137 might present a safety concern, because this
would be the only signal for several miles in either direction. NCDOT staff discussed
with fire department representatives the possibility of adding fire hydrants on the opposite
side of US 13-158 from current hydrant locations.
D. Other Agency Involvement
The Gates County Board of Commissioners passed a resolution on October 6,
2010 asking NCDOT to "Yeview the superstreet concept in regards to the Proposed
Project of Widening US 13-158 in Hertford and Gates Counties and propose other means
of directing traffic at intersections and side roads." The resolution also stated, "The
Board of Commissioners are [sic] specifically concerned with the superstreet concept as it
relates to fire department vehicles, EMS vehicles and heavy industrial traffic."
NCDOT is continuing to coordinate with Gates County regarding their concerns.
V. REVISIONS TO THE ENVIRONMENTAL ASSESSMENT
A. Recommended Alternative
As discussed in Section III-B ofthe state environmental assessment, one
alternative was selected for detailed study. This alternative involved widening existing
US 13-158 as follows:
US 158/NC 45 to Powell Lane (Section 1) - West side widening
Powell Lane to just north of SR 1128 (Barfield Road) (Section 2) - East side widening
Just north of SR 1128 to NC 137/SR 1200 (Sections 3 and 4) - West side widening
NC 137/SR 1200 to US 158 at Tarheel (Sections 5 through 8) - East side widening
This one alternative was shown to the public at the hearing held on August 19,
2010. The NEPA/404 merger team concurred on the alternative as the least
environmentally damaging practicable alternative on October 19, 2010 (copy of
concurrence form included in Appendix B of this document).
B. Avoidance and Minimization
The following minimization measures are recommended for the project.
• In order to minimize impacts to the Story Historic District the right of way will be
narrowed from 200` to 150` in the area ofthe buildings.
• Steeper side slopes (3:1) will be used in jurisdictional areas.
+ The median width in Section 1 was reduced from 46` to 34` at the Chowan River
structure. The impact to the wetlands was reduced by 4.4 acre on the north side by
narrowing the median width.
The NEPA/444 mei•ger team concurred on avoidance and minimization measures on
October 19, 2010 (concurrence form included in Appendix B of this document).
C. Corrections to Environmental Assessment
Tables S1 Summary of Environmental Effects and
Table 5 Detailed Study Alternatives
Tables S 1 and 5 of the SEA present the same infornlation and both contain a
typographical error. Both tables state the proposed project will affect 30.97 acres of
wetlands. This figure is incorrect; the project Nvill actually affect 34.57 acres of wetlands.
Table 2 below is a cor7-ected version of these tlbles.
Tables S 1 and 5 of the SEA also presented acres of farmed property that would be
affected, not prime farmland as determined by the Natural Resources Conservation
Service. Table 2 below presents the amount of pi•ime farmland affected by the project.
TABLE 2
CORRECTED TABLES FROM SEA
TABLE Sl SUMMARY OF ENVIRONMENTAL EFFECTS
AND TABLE 5 DETAILED ST[1DY ALTERNATIVE
Residential Relocatees 7 Effect on Historic Properties?* Yes
Business Relocatees 5 Receptors Impacted By Traffic
Noise 14
Wetlands Affected (Ac.)
(Delineated) 30.57 Forested Areas Affected (Ac.) 170.23
Stream Impacts (Ft.) 598 Farmland Affected (Ac.) 114
Protected Species Habitat? Yes Total Length (Miles) 7.1
Effect on Protected Species? No Effect Total Cost (Millions) $55,650,000
* Two properties eligible for the National Register will have an adverse effect.
** Prime farmland as determined by the Natural Resource Conservation Service.
Section III. A. 4. Widen Existing US 13-155
In Section 6 SR 1228 (Barf?ield Road) should read SR 1128 (Barfield Road).
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Section V. B. 2. Archaeological Resources
In Section V. B. 2 of the state environmental assessment, it was incorrectly stated
that an intensive archaeological survey would be conducted prior to completion of the
final environmental document for this project. All required archaeological work had
actually been completed prior to approval of the state environmental assessment. In a
letter dated November 17, 2006 (included in Appendix A of the state environmental
assessment), the State Historic Preservation Office concurred that no additional
archaeological work is required far this project.
Figure 2 of Environmental Assessment
Aerial Photograph of Project, Figure 2, of the environmental assessment presents
the jurisdictional wetlands in the project area. Sheet 4 of 6 did not include stream S2.
VL BASIS FOR FINDING OF NO SIGNIFICANT IMPACT
Based upon environmental studies and coordination with appropriate federal,
state, and local agencies, it is the finding of the North Carolina Department of
Transportation that the proposed action will have no significant impact upon the quality
of the human environment. Therefore, a state environmental impact statement will not be
required. This finding of no significant impact completes the environmental review
record, which is available for inspection at the State Clearinghouse.
The following person may be contacted for additional information concerning this
proposal and statement:
Mr. Gregory J. Thorpe, Ph.D., Manager,
Project Development and Environmental Analysis Branch
NC Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
[phone]
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NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
?i qVISIONOFHIGHWAYS
s? PROIECT DEVELOPMENT AND ENVIRONMENTAL
ANALYSIS BRANCH
US 13
US 13-158 WIDENING
GATES AND HERTFORD COUNTIES
TIP PROJECT R-2507A
FIGURE 1
APPENDIX A
AGENCY COMMENTS ON
THE ENVIRONMENTAL ASSESSMENT
DEPARTMENT OF THE ARMY
. ???° , WILMINGTON DISTRICT, CORPS OF ENGINEERS
.' ? '69 DARLINGTON AVENUE
? WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF:
March 4, 2010
Plan Formulation and Economics Section
Gregory J. Thorpe, Ph.D., Manager
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
i548 Maii Service CE?-iter
Raleigh, North Carolina 27699-1548
Dear Dr. Thorpe:
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?1'1,1'111' .) "?, 11111.
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This is in response to your February 8, 2010, letter requesting comments on the
State Environmental Assessment for US 13-158, From US 158/NC 45 near Winton to
US 158 at Tarheel Hertford and Gates Counties, State Project 35488.1.1, TIP Project
R-2507A.
The only flood plains that are addressed in the assessment are those that are
being regulated by the Federal Emergency Management Agency (FEMA). The flood
hazard evaluations discussed in paragraph H should also apply to non-FEMA regulated
streams to ensure that the construction does not cause additional flooding on these
streams. Environmental comments will be provided by the U.S. Army Corps of
Engineers, Regulatory Branch, Washington Field OfFice, under separate cover.
If you have any questions concerning this matter, please contact Mr. Ray Batchelor
at [phone].
5incereiy,
C-J-C:
Noei Clay
Chief, Plan Formulation
and Economics Section
Copy Furnished:
CESAW-RG-W/Bill Biddlecome
0`..S1v 7F
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North Carolina
Department of Administration
Beverly l:aves Perdue, Governor
Secretary
March 29, 2010
Mr. Gregory 1'horp
NCDOT
"I'ransportation Iiuilding
1548 Mail Servicc Ccntcr
Raleigh, NC;
Moscs C'arcy, .Ir.,
Re: SCH File # 10-F.-4220-0294; EA; Widcning of US 13 froin US 158 ncar Winton to US 15$ in
Tarheel; TIl' No. R-2507A
Dear Mr. Thorp:
The abovc rcferenced environmental information has been revicwed through thc State Clearinghousc
under the provisions of the North t:arolina Environmental Policy Act.
Attached to this letter are cornments made by thc I)epartment of Environment and Natural Resourccs
(DENR) in the coursc of this review. It has bccn suggested by DI;NR that its cancerns be adequately
addressed in the F?inding af No Signiticant Impact (FONSI) ciocument.
Rcst regards.
Sincerely.
d4"V e-4e7 "
Ms. Chrys I3aggctt
State Environmental Review Clearinghousc
Attachmcnts
cc: Region R
Rcgion Q
rtilailingAddrpss: Telephvne: [phone] LocntionAddriss:
1301 Mail Service ('enter Pax [phone] I I G West .foncs Strcrl
Raleigli. NC 27699-1301 St;itc Couricr l?i I -UI -OU Ralcigh. \orth Carolina
e-iuurt siure. cleari,rgAorrsc ('iiid orr. uc.,4 ov
in (.t11i01 Op??ornutill"iIfJD•mtNire.7c7inn l:niploter
North Carolina Department of Cultural Resources
State Histoxic Preservarion Officc
Peter B. Sandbeck, Administrntor
Beverly Laves Perdue, Govemor Office of Archives and Hisrory
I.inda A. CarGslc, 5ccrr.tary Division of Historical Rcsourecs
Jeffrey]. Croxv, llepun' Secretary David Brook, llirecror
March 12, 2010
? A
MEMORANDUM ? ?? ' ??v-'??
TO: Gregory Thorpe, Ph.D., Director . '? ? 9 ?
Project Developznent and Environmental Analysis Branch ? ? ?4
NCDOT Division o£ Highways
FROM: Peter Sandbeck Pg? I!4` k" ?t"A'-'°`"L s
q
SUBJE C1': SI ;PA EA for widening o£ US 13 from tJS 158 near Winton to US 15$ in Tarheel,
R-2507t1, Hertford and Gates Counties, ER06-0004
We have received the above document from the State Clearinghouse. It correcd}r summarizes our concerns fox
archaeological resources and historic structures/distsicts. As noted, a Memorandunn of Agreeznent between the
US Army Corps of Engineers, Department o£ Transportation, and State IIistoric Preservation Officer is
needed to address the adverse e££ect the undertaking will have on the Narional Register-eligible Story's
Crossroads Historic Disa:ict. We will look forward to continued consultarion on this matter.
1'he above comments axe made pursuant ta Section 106 of the National Historic Pxeseivation Act and the
Advisory Council on Histoxic Preservauon's Regularions foz Compliance with Section 106 cndified at 36 CFR
Part 800.
'I'hank you far your cooperarion and considerauon. If you have questions concexning the above comment,
contact Renee Gledhill-Earley, envuonmental review coordinator, at 919-807-6579. In all future
communicauon concexning this pYOject, please cite the above referenced tracking numbcr.
cc: Ivfary Pope F'urr, NCDUT
Matt Wilkerson, NCDOT
SCH
Locatiou: 109 I:ast Jones Succt, Ralcioi NC 27601 Mailiug Address: 4617 Mail Servicc Center, Ralcigh NC 27699-4617 Tclephone/Fax: (979) 807-G570/eU i-GS7`/
North Carolina Deparrment of Environment and Natural Resourccs
licvcrly Eavcs 1'crduc
Govcrnor
.??,?- ?
MEMORANDUM ?:? ? 2010
?s044
TO: Valerie McMillan ar
State Cl.earinghouse J.
I)ee Freeman
Secretarv
FROM: Melba McGee k-11
Project Reva.ew Coordinator
RE: 10-0294 EA for the Widening of US 13 from US 158 near Winton
to US 158 in Tarheel
DATE: March 24, 2010
The Department of Environment and Natural Resources has reviewed the
proposed project.
There continue to be a number of concerns that need to be addressed.
The department asks that the Department of Transportation work directly
with ouz commenting agencies during the NEPA Merger Process and take all
practicable measures to minimize environmental impacts. This will help
avoid delays at the permit phase.
Thank you for the opportunity to comment on this project.
Attachments
1601 Mail Service Center, Raleigh, North Carolina 27699-1601 One
NorthCarolina
Phone: [phone] FAX: [phone] Intemet: www.enr.state.nc.us Naturally
An Eytsal Oppxortuniry 1 Affrmative Action Employer - 50 % Recycled 1 10% Posl Consumer Paper
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Narth Carolina Department of Environment and Natural Resources
Division of Coastal Managernent
Beverly Eaves Perdt!e James N. Gregson
Governar Director .
March S, 2010
Ms. iVlelba McCee;, I:riviruninental Coorclinator
N.C. Department of Fnvironment anci Natural Resources
1601 Mail Scrvicc Ccntcr
Raleigh, NC 27699-1601
A ?f??Sl
r
RF.: SCII No. 10-0294. Wiclening of US 13 from US 158 near Winton to i1S 158 in Tarheei,
TIP No. R-2507A, IIertford and Gates Couniies. Environmental Assessment dated 1/22/10.
Uear Ms. McGee:
Dee Freeman
Secretary
The N.C. DivisiUn of Coastal Managemeni (llCM) appreciates the opportunity to comment on the
Environmental Assessment (FA) for the above refereneed project. DCM received a copy of the EA for review
throu?h the State Clearin?housc on 2/15/10.
"I'his project is being carried through the NEPA/404 Merber Process, and DCM is a member of the NEPAJ404
projcct team. A Least Environmentally Damaging Practicable Alternative (LEDPA) has not yet been selected
by the NEPA/404 prqject team. It appears as though the information contained within the EA is consistent with
the infnrmation that has becn provided to DCM, and upon which we have commented, through the NEPA/404
Merger Process.
A formal DCM review of the project to determine consistency with the state's Coastal Management Probram
will not ac;cur until a Coastal Are1 Management Act (CAMA) major permit application is received. At that
tirne, the CAM11 major permit application will be circulated to the network of statc agencies that comprisc
North Carolina's Coastal Manaaement Program. The statutcs, rules and policies of each of these agencies must
be satisficd in order for the project ta be determincd to be consistcnt with thc state's Cozistal Management
I'robram and for a CAMA pcrmit to be iSsued. The consideration and incorporation by the N.C. Department of
Transportation (NCDO'I') of the comments received during the NEPAl404 Mertyler I'rocess inlo the final project
design should help to expedite the CAMA major pernnit application z•eview process.
During the CAMA major permit application review process, DCM may have additional comments after
examining the morc detailed cnvironmental information that will be provided with the permit application.
DCM may also place conctitions on any CAMA pcrmit that is issucd to avoid, minimizc ancUor mitigatc
r ti'. .(`0 i n. Fi
PV ..... O1 C ,.. ! 1 ? ti.1( , t C -1.1 49. 1?:0;..nt. Fi:1."..^CC02Sii'.! !'1P.f!a jE1T1C!'L!?,M

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environmental impacts. The comments providecl in this letter shall not preclude DCM from requestin.u
additianal information throughout the CAMA major permit applicatian review process, and followin; normal
permittin-, procedures. Furthei7nore, nothing in this letter shall be interpreted as providing an opinion on thc
ultimate outcome of any CAMA permit decision.
l. The proposed project will impact thc Public Trust Area and Public Tnist Shol•eline CAME1 Areas of
Environmental Conccrn (AEC's) at the Chowan River and Bucl:horn Creek. 'I'herefore, a CAMA majoc•
permit will be requircd for the project.
2. Please see the enclosed comments provided by the DCM District Planner regarding the project's
consistency with CAMA land use plans.
The EA stales [hat on-sitepriligatian will be used as much as possible. 'I'he EA also states that the
F.cosystem Enhancc?ienc"Fronrarn ?}iE:;P) will be used for remaining mitiaation requirementti be;yond
what can be satisfied by on-site mitigation. Thc total wetland impacts are cstimated to be 30.97 acres
(9,53 acres non-riverine and 21.44 acres riverine). The total slream impacts are estimated to he 5I8
linear feet. Prior`to fhe i.ssuance of a CAMA pennit, DC'M will need specific plans for on-site
mitigation, as well as confirmation that the EEP has accepted responsibility to pravide appropriate off-
site mitigation. In orcier to avoid delays during the permit process, it is recommended that this
information be provided to the NEPA/404 pr(?jeet team as socm as passible.
4. DCM looks forward to future discussions with the NEPA/404 project team regarding aclditional
measures to avoid and rninianire impacts to the natural environment. Aciditional measures ta discuss
include, but are not limited to, the followinb: reduced widths af the median, road shoulders and bike
lanes, steeper fill slapes; applicability of the fisheries moratorium to wetlands; and additional measures
to accommodatc wildlifc, particularly duc to the high ]ocal populatian of black bears.
Please contact Jim Hoadley or Cathy Brittingham if you have any questions or concerns. Jim can be reached at
[phone] or via e-mail at Jim.Hoadlev@ncdenr,Uav. Cathy can be reached at [phone] x238 or
via e-mail at [e-mail]. Thank you for your consideration of the North Carolina Coastal
Management Program.
?
?
SincerelyqBriggharn
v'Cath'I'ransportation Project C.oordinator
cc: Bill Biddlecomc, USACL (with enclosure)
Brian Wrenn, DWQ
Travis Wilson, WItC
Frank Jcnnings, llCM
David Moye, DCM
Jim I-7oadley, DCM
Cliarlan Owens, UC;M
1633Yai SerOCC D-:. R2,wgF,, hiC 27699.1636
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NCDENR
na Dep rtment of invironment and Naturai Resources
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%%WK ,?oastal Alanagement
6 '
Beveriy Eaves Perdue, rp o**GregsB$ Director Dee Freeman, Secretary
A%
MEMORANDUM ?f+l Os
TO: Cathy Brittingham, DCM Tra portation Project Coordinator
FROM: Charian Owen/tAICP, NE DCM District Planner
SUBJECT: Review of the State Environmentai Assessment (EA) for the widening of a 7.1 mile
section US 13-158 from two (2) to four (4) lanes between US 158/NC 45 near
Winton in Hertford County and US 158 in Tarheel in Gates County.
Reference: State Project No. 35488.1.1; TIP Project No. R-2507A
Date: February 23, 2010
Consistency Determination: The proposal is consistent with/not in conflict with the Hertford
County 1997 LUP certified by the Coastal Resources
Commission (CRC) on July 25, 1997 and the Gates County
2004 LUP certified by the CRC on November 18, 2005.
Uverview: The project area is a 7.1 mile section of US 13-158 highway right-of-way from the
intersection of US 13 and 158/NC 45 north of Winton in Herford County, across the Chowan
River, to US 158 in Tarheel in Gates County. Approximately 1 mile of the project area is in
Hertford County, with the remaining 6.1 miles in Gates County. Besides the Chowan River,
three (3) jurisdictional streams occur in the project area - Buckhorn Creek, an unnamed
tributary to Folly Branch, and an unnamed tributary to Jady Branch. Approximately 30.97 acres
of Section 404 wetlands are located within the project area. A portion af the right-of-way is
located within floodprone areas. Existing right-of-way widths vary from 320 feet in Hertford
County to 60 feet in Gates County. Existing improvements within the right-of-way include a two
(2)-lane roadway with 12 foot wide travel lanes and 6 foot to 8 foot shoulder widths. The project
area also includes two (2) bridges. Bridge. No. 32 is 40 foot wide by 1,121 foot long crossing
the Chowan River and Bridge No. 9 is a 28 foot wide by 84 foot long bridge crossing Buckhorn
CreeWRuns Swamp. Bike routes are signed along the roadway. Utility lines are located on
both sides of the roadway.
Widening of the 7.1 mile section of US 13-158 fram two (2) lanes to four (4) lanes is proposed.
An additional 200 feet of right-of-way will be acquired to accommodate the widening. The road
cross-section will include a paved area of four (4) 12 foot lanes and two (2) 6 foot wide outside
shoulders and grassed areas consisting of a 46 foot wide center median and two (2) 10 foot
wide shoulders. All intersecting roadways will cross US 13-158 at grade with the exception of
an interchange to be construcied at the intersection of US 13 and US 158/NC 45 north of
Winton. Interchange ramps will be provided in the northwest and southwest quadrants of the
interchange and a loop and ramp is proposed at the southeast quadrant. US 158 will be carried
over US 13 on a bridge. SR 1218 (Industrial Park Road) and entrance roads to subdivisions in
the northeast and northwest quadrants of the interchange will be relocated and tied into either
1367 US 17 South, Elizabeth City. NC 27909 Otte
Phone: 252•264-3901 1 FAX: [phone] ; Intemet: www.nccoastalrnanagement.r.ei NorthCarolina
?t?r,r?llr/
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An Equal apportuniiy 1 Aftirmative Action Employer `
!
,artment of Environment and Natural Resources ,- MEMORANDUM
.al Management '• Page 2 of 7
, .,, .
US 158 or NC 45 to provide access to these properties. All intersertions?Viill be" stop sign
controlled, with no traffic signals provided. Directionai crossovers with th6dian u=turns will be
provided at intersections. A new 36 foot wide by 1,12.1 foqtJong;two (2) lane bridge,span will be
constructed directly north of the existing, Chowan: River':bridgo a?nd the. existing bridge across
Buckhorn Creek/Run Swamp will be replaeed with a 36,,fo.,ot wide'by 110 fooCI long structure. On
the bridges, outside 54-inch rails and 8 foot wide shoulders will be provided to accommodate
bicycles. Utilities will be relocated prior to con"stwuction. .
<
Two (2) previously recorded archaeological sites exist in the vicinity of the project area.
Additional, the Story Crossroads Historic District and the Story Family Farm and Cemetery in
Gates County have been identified as historic properties eligible for the National Register. An
existing public boat access is located on the Chowan River shoreline, south of the US 13-158
right-of-way and is accessed from the highway off Shoups Landing Road.
Anticipated imqacts:
Approximately 30.97 acres of Section 404 Wetlands and 598 feet of stream impacts are
anticipated. Wetland and stream mitigation will be required for the project. On-site mitigation
will be used as much as possible. The Ecosystem Enhancement Program (EEP) will be used
for remaining mitigation requirements beyond what can be satisfied by on-site mitigation.
The project will have an adverse affect on the Story Crossroads Historic District, impacting the
historic setting and contributing structures. A memorandum of agreement ta document the
resolution of adverse effects will be completed prior to completion of the final environmental
document for this project.
Prior to completion of the final environmental document far this project, an intensive
archaeological survey will be conducted to identify and evaluate all archaeological sites within
the project limits. NCDOT will consult with the Office of State Archaeology to develop
appropriate archaeological survey methodology prior to conducting this survey.
Increasing the number of lanes will have a positive impact on vehicular safety and imprave
emergency response times.
The project area is within the jurisdictions af Gates County and Hertford County. A review of the
applicable land use plan policies for both jurisdictions is provided below.
Hertford County is in the pracess of updating their Land Use Plan (LUP). A Major Permit
Application for project construction would be reviewed based on the LUP in effect at the time of
permit authorization.
See ATTACHMENT for policies currently relevant to this request.
1367 US 17 Scuth, Elizaoeth City, NC 27909
Phone: 252•264-39011 FAX: [phone] ; Int2met: www.nccoaslalmanagement.net
NorthCarolina
Natlfrz???lJ
An Equal Oppcrunity 1 Atfirmative Action Employer
,,artment of Environment and Natural Resources MEMORANDUM
,al Management Page 3 of 7
ATTACHMENT
Policy Review:
7he Gates County 2004 Land Use Plan designates the project area as "Community Areas" at
the Tarheel and Storys crossroads, "Limited Growth and Transition Areas" along US 13/158
south of Tarheel to the NCSR 2233 crossroad, "Rural Areas" south of Storys along US 13/158
and "Conservation, Open Space and Recreation Areas" within wetland areas and/or public
lands south of NCSR 1230 to the Chowan River.
"Community Areas" are crossroads communities with generally low density development that
normally feature a commercial, public, or semi-public land use or building as a focal point. Low
density residential and commercial development is likely to occur in these areas. "Limited
Growth and Transition Areas" are can be found on the fringes of community areas where low
density residential and/or commercial development is likely to occur. "Rural Areas" are where
lands used for agriculture, pasture, or woodlands are prevalent. Very low density development
is likely to occur in these areas. "Conservation, Open Space and Recreation Areas" are areas
where there are significant environmental constraints and/or areas that have been set aside or
targeted for consenration, open space maintenance, or public recreation. Very limited or no
development is anticipated in these areas.
As of February 23, 2010, the following policies from the Gates County 2004 LUP certified by
the CRC on November 18, 2005 may be applicable to this request:
Issue Area #3 Chowan River Shoreline:
Policy #3a, page IX-8.
"Gates County will...support applicable State and Federal laws and
regulations regarding building, land uses, and development in areas of
environmental concern to help preserve, protect, and enhance the
Chowan River. Gates County supports continued management of the
Chowan River shoreline and its attendant wetlands and shores to protect
and preserve the natural resources of the water and shoreline, relying
primarily on the CAMA permit program and the Areas of Environmental
Concern (AEC) designated under the CAMA program. ...."
Policy #3b, page IX-9.
"Gates County will evaluate (during the development review process) the
potential impacts of existing and planned development on existing and
planned evacuation infrastructure."
N?rthCarolina
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1367 US 17 Souih, Elizabefh Ciry, NC 27909
F'hone: 252•264-3901 \ FAX: [phone] ; Iniernet: war.v.nccoasialmanagsment.net
An Equal Opportunity 1 Affinnative Action Employer
,partment of Environment and Naturai Resources
,tal Management
Issue Area #9 Land Use Compatibilitv:
Policy #9b, page IX-13.
"Gates County supports appiicable State and Federai laws and
regulations regarding land uses and development in areas of
environmental concern."
Issue Area 4t10 Natural Hazard Areas:
Policy #10a, page IX-14.
"Gates County...supports applicable State and Federal laws and
regulations regarding land uses and development in natural hazard areas
and areas of environmental concern."
Policy #10h, page IX-15.
"...As included in the Gates County Multi-jurisdictional Hazard Mitigation
Plan (April 2005), Gates County will work to: ...4.) Multi-laning (road
widening) of at least one primary road (Highway 13) for greater
evacuation capacity...."
Policy #10j, page IX-16.
"Take steps locally and in conjunction with NCDOT and adjacent
jurisdictions to improve traffic safety and drainage to mitigate the impact
of localized flooding and seek alternative methods of hazard avoidance."
Issue Area #11 Public Access:
Policy #11 a, page IX-17.
"The development of additional public access points is not deemed a
pressing issue at this time and existing access points (public and private)
will be relied upon until a shoreline access study is undertaken and
additional needs are identified and potential sites designated..."
1367 US 17 South, Elizabefh C+ty, NC 27909
Phone: 252•264-39011 FAX: [phone] ; Internet: www.nccoastalmanagement.net
An Equal Opportunity i Attirmative Action Employer
MEMORANDUM
Page 4 of 7
Onc
NorthCarolina
;Vll??urZ711lf
,partment of Environment and Natural Resources
.stal Management
issue Area #14 Residentiai Development:
Policy #14b, page IX-20.
"Gates County will work to: promote the development of traditional,
platted subdivisions served by interior roads and adequate infrastructure
(as opposed to State road frontage lot development); ..."
Issue Area #18 Transportation:
Policy #18a, page IX-23.
"Gates County supports efforts and programs to provide a safe, efficient,
and well planned transportation system in the County and in the region."
Policy #18b, page IX-23.
"Gates County encourages intergovernmental cooperation with other
jurisdictions to study the transportation needs of the region and supports
the provision of safe, efficient transportation system given State and local
finances, topography, geography, and natural systems and surrounding
land uses and development."
MEMORANDUM
Page 5 of 7
The Hertford County 1997 Land Use Plan designates the project area as "Rural with Services"
wiih "Conservation" along the shoreline. As indicated on Page 76, the "Conservation" class
includes Areas of Environmental Concern (AECs) and other sensitive areas such as 404
Wetlands, wildlife habitats, undeveloped forestlands, or scenic/cultural/recreational/natural
resources.
As of February 23, 2010, the following policies from the Hertford County 1997 LUP certified by
the CRC on July 25, 1997 may be applicable to this request:
1. RESOURCE PROTECTION
Constraints to Development:
Page 51
"The approach shall be conservation. The policy shall be to support and
enforce Federal, State, and County regulations governing the placement
of development in flood zones...."
1367 US 17 South, Elizabeth City, NC 27909 nne
Phone: 252•264-3901 1 FAX: [phone]: Internet: www.nccoastalmanagement.net NorthCarolina
a?tlrr?!!J
N
An EqualOpportunity 1 Affirmative Action Employer
apartment of Environment and Natural Resources
.stai Management
Local Resource Development Issues Relative to AEC's•
Page 52.
"The approach shali be qualified exploitation. The policy shall be to
support protective measures in AECs but to encourage resource
development activities which can meet State and Federal and local
standards."
Hazardous and Fraqile Areas:
Page 53.
"The approach shall be conservation. The Caunty policy shall be to
strictly enforce the CAMA regulations and support and uphold the
permitting process of State and Federal agencies for fragile areas,
including 404 Wetlands. No current policy is in place at this time to
protect historic areas county-wide. The County would designate historic
areas at the request of interested citizens."
2. RESOURCE PRODUCTION AND MANAGEMENT
Water Qualitv Problems & Manaoement Measures Designed to Reduce or Eliminate loca!
Sources of Surface Water Quafity Problems•
Page 58.
"Hertford County recognizes the Chowan River as an important natural
resource and sincerely desired to see water quality maintained at levels
which will support fishing, hunting, and other recreational activities for
local citizens and tourists."
Commercial and Recreational Fisheries•
Page 59.
"The on-going vitality of the Chowan River is important to Hertford
County. The policy shall be to encourage exploitation of this resource
within the regulations of the Wildlife Resources Commission and the
Marine Fisheries Commission while protecting habitat areas through
continuing water quality protection efforts."
1367 US 17 Soulh, Elizabeth City, NC 27909
Phone: 252-264•3901 1 FAX: 252•264-3723 ; Internet: www.nccoastalmanagement.net
An Equal Oppcrlunity t Atfirmaiive Aclion Employer
MEMORANDUM
Page 6 of 7
None hCarol.ina
Q'tur711f
,epartment of Environment and Natural Resources
sstai Management
Commitment to State and Federal Proqrams•
Page 64.
"While supporting and taking advantage of many States and Federal
programs, the County has no additional policies related to these issues."
1367 US 17 Soulh, Elizabeih City, NC 27909
Phone: 252-264•3901 1 FAX: [phone] ; Internet: %"vw.nccoastalmanayement.net
An Equal Opportunity i Affirmative Action Employer
MEMORANDUM
Page 7 of 7
One
NarthCarolina
N"lll'lt1lY
DEPARTMENT OF E
NATURAL
DIVISION OF ENVIR4
I nter-Agency
URf*53tO 11
VEAL-0
?
sa
Project Name NC-DOT/Division of
Highwavs
Project Number
10-0294
County
Hertford, Gates
EA - Widenine of US 13
from US 158 near Winton
to US 158 in Tarheel; T1P
No. R-2507A.
? The applicant should be advised that plans and specifications for all water system
improvements must be approved by the Division of Environmental Health prior to the
award of a contract or the initiation of construction (as required by 15A NCAC 18C
.0300et. seq.). For information, contact the Public Water Supply Section, (919)
733-2321.
? This project will be classified as a non-community public water supply and must comply
with state and federal drinking water monitoring requirements. For more information the
applicant should contact the Public Water Supply Section, [phone].
? If this project is constructed as proposed, we will recommend closure of feet of
adjacent waters to the harvest of shellfish. For information regarding the shellfish
sanitation program, the applicant should contact the Shellfish Sanitation Section at (252)
726-6827.
? The soil disposal area(s) proposed for this project may produce a mosquito breeding
problem. For information concerning appropriate mosquito control measures, the
applicant should contact the Public Health Pest Management Section at [phone].
? The applicant should be advised that prior to the removal or demolition of dilapidated
structures, a extensive rodent control program may be necessary in order to prevent the
migration of the rodents to adjacent areas. For information concerning rodent control,
contact the tocal health department or the Public Health Pest Management Section at
[phone].
? The applicant should be advised to contact the local health department regarding their
requirements for septic tank installations (as required under 15A NCAC 18A. 1900 et.
sep.). For information concerning septic tank and other on-site waste disposal methods,
contact the On-Site Wastewater Section at [phone].
? The applicant should be advised to contact the local health department regarding the
sanitary facilities required for this project.
? If existing water lines will be relocated during the construction, plans for the water line
relocation must be submitted to the Division of Environmental Health, Public Water
Supply Section, Technical Services Branch, 1634 Mail Service Center, Raleigh, North
Carolina 27699-1634, [phone].
? For Regional and Central Office comments, see the reverse side of this form.
Jim McRight PWSS 02/15/201 Q
Reviewer
Section/Branch
Date
North Carolina Department of Environment and Na sources
Division of Marine Fisheries 1?
Beverly Eaves Perdue Dr. Louis B. Daniel III y'1,d Dee Freeman
Govemor Director ?MqR,??O Secretary
.? !
? ? • V
'TO: Melba MeGee ? G'?i
THROUGI?: Anne Deaton ,? `t •` ?j? D16
FROM: Kevin HartKN
DA`I'L: March 2, 2010
SUBJECT: Comments on EA widening of US 13 from US 158 near Winton to US 158 in Tarheel Tip No. R-
2507A
The following comments by the North Carolina Division of Marine Fisheries (N(:DMF) on the subject project are
offered pursuant to G.S. 113-131. `1'he applicant proposes to widen a section of US 13-158 between US 158/NC 45
near Wintnn and US 158 in Tarheel. This project will change 7.1 miles of two lane highway to four lanes crossing
over the Chowan River and Buckhorn Creek/Run Swamp, both of which areas are Anadramous Fish Spawning
Areas (AFSA).1'he existing bridge over the Chowan River will be retained, and a new 1,121 foot long bridge will
be constructed parallel to it. The bridge over Buckhorn Creek will be replaced with dual 110 foot long with a 36
foot roadway width. The proposed project will also impact 2 unnamed tributaries.
T'he NCllMF has reviewed the document and requests more information on how the Folly Branch and Jady Branch
unnamed tributaries will be crossed. 'I'he NCDMF requests the use of bridges when building over all water bodies.
The proposed site is an Anadromous Fish Spawning Area; therefore the NCDMI' also recommends an in-water
work moratorium from February 15 through September 30, not the February 15 through June 15 window stated on
page i of the project commitments. This additional time will ensure that the environmental integrity of the area is
protected during critical times of usage by the various species of anadromous fishes.
The NCDMF appreciates the opportunity to provide input of this project. If you have any comments or questions,
.
please call me at [phone] or email at l:cvin.hart%cimcdenr._go v
I
?
N ?E?VR
North Carolina Department of Enviranment and Natural Resources
Beverly Eaves Perdue
Govemor
March 22, 2010
MEMORANDUM
TO: Melba McGee, DENR Environmental Coordinator
FROM: Harry LeGrand, Natural Heritage Program
Dee Freeman
Secretary
SUBJECT: EA - Widening of US 13 from US 158 near Winton to US 158 in Tarheel, Gates and
Hertford counties; TIP No. R-2507A
REFERENCE: Project No. 10-0294
The Natural Heritage Program has a number of records of rare species, significant natural heritage areas,
and conservation/managed areas within the project area. The comments below are arranged from
southwest (Winton) to northeast (Tarheel). Several maps are enclosed that show such features.
The County-significant Winton Slopes natural area lies along the northwestern side of the corridor
between US 158 and the Chowan River. This is an unprotected site. However, recent aerial photos show
that much or most of this natural area has been timbered, with a number of roads in the site; thus, it likely
no longer functions as a viable natural area.
The Chowan River in the project area is a State-significant aquatic habitat. Three rare mussels occur
here:
eastern pondmussel (Ligumia nasuta), State Threatened
tidewater mucket (Leplodea ochracea), State Threatened
eastern lampmussel (Lampsilis rcrdiata), State Threatened
Thus, it is very important that proper sedimentation controls are in place to avoid impacting these and
othee aquatic resources in the Chowan River.
On the north side of the Chowan River, much of the land on both sides of existing US 13 is owned by the
N.C. Wildlife Resources Commission and operated as the Chowan Swamp Game Land. Of greater
importance is that the land on the east side of US 13, from the river northeastward for about 1.05 mile, is
part of a Dedicated State Nature Preserve - the Chowan Swamp Game Land DNP. Legal action would
be required to impact forested land within this dedicated area. Thus, it is highly recommended that
widening of US 13 in this section be done to the northwestern side of the existing road (as is indicated in
the EA on Table 4- Section 1[West Side Widening]}. Consideration should be given to mitigation for
this loss of state-owned wildlife game land, much or most of which was acquired by several state funds
directed toward conservation purposes.
Both our database records, and the EA, indicate that the former cluster of the Federally Endangered red-
-cockaded woodpecker (Picoides borealis) present on the eastem quadrant of the US 13/NC 137
intersection is now historical; no birds were seen or heard in the survey conducted by NCDOT for the
study. Even so, the U.S. Fish and Wildlife Service should be consulted regarding this project, as not only
1607 Mad Service Center, Raleigh, North Carolina 27699-1601 One
Phane: 919-733-49941 FAX: 919-71"60 Intemet: www•enr.state.nc.us No Carolina
M Equ21 OppatunitY S?T?^`e Act°^ Emptoyer - 54Y' Recyded 11056 Posl CWtsumer Paper N?ttrra!!rl
were birds present at that locale formerly, but birds might still be present within 1/2-mile of the corridor
to the northwest of this intersection.
In summary, there are potential impacts to the significant aquatic resources in the Chowan River, as well
as a loss of some state-owned game land. Impacts to the Federally listed red-cockaded woodpecker are
slight or negligible, though our program recommends consultation with the U.S. Fish and Wildlife
Service.
Please do not hesitate to contact me at 919-715-8697 if you have questions or need further information.
Enclosures
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RECIONAI. Oi'FICI?S
Ourstirrns rcoardinti thrsc rrrmits should hc addressed to the Regional Office maikCCI hl'I0w•
:1shcvillc Regional Office
2090 l;S flighH•t?y 70
ti%t.mnanu;i,NC ?R17R
( R-'18)29ti--# iUU
' Mooresvilte Regional Ofiire
610 k?ast Ccnter Avenue, Suite 301
Mooresvillc. NC 281 1 5
[phone]
; i Wilmingron Regional Officc
127 Cardinal [)rive F:xtcntiion
Wilmington. NC 28405
(910) 796-72 15
' Fayette,ille 12evinnml O(1'ice
22? Norlli iM•cn Stro,?t. Suite i 1•1
F.tvettci, ille. tiC'_8Zt)1 i(?-1;
(9 10) -113-3;Qll
i Ralcigh Regional qWice
3800 [3arrrtt Qrivc. Suite ! 01
Ralcic;h. NC 27609
[phone]
LJ,N'ashington Regional Ufficc
943 N'ashington 5yuarc Mall
Washin;:tc,n, N(' 27889
[phone]
Winrton-SaIcm Regional Ofticc
58.j Wauithtuwn Strrcl
Winstc,n-Salcm. NC'_71U7
(330) 771_5000
03/17/2010 14:55 9195289839 PAGE 03
E'El North Carolxna Wildlife Resouarces Cammxssian 0-
Gordfln Myers, Executzve birector
bp?
MEMORA?,'DUM ? OlO i0l,
• A ?
4 ? V
T0: Melba McGee ?
?
Office of LegxslativE and Iaterjovernmmtai ,A,ffairs, DENR t
FROM: Travxs Wilson, Hi.ghsvay Project Coordinator
Nabitat Consexvatzon Program
DATE: March 17, 2010
SiJBJBCT: North Caralina Department of Transportation (NCAOT) Environ.mental
Assessment (EA) for the proposed widening of US 13-158, Heztford and Gates
Counties, North Carolina, TU? No. R-2507, SCH Project No. 10-0294.
Staff biol.vgists witli the N. C. Wildlife Resources Co?t?.mission have r,eviewed the subject
LA and are f.amiliar with babitat values in the project area. The purpose of tt?is review was to
assess project impacts to f sh and wildlzfe resources. Our comments are provided ir accordance
with certain provzsi.ons of the Nati.onal Environmental Policy Act {42 U.S.C. 4332(2)(c)) ancl the
Fish and Wr1dl.ife Coordination Act (48 Stat. 401, as aznended; 16 U.S.C. 661-657d).
IvCDOT is currcnCly proposittg to wideuing portions vf ex[sting iJS I3-I58 from Winton in
Hertfozd County to Ta.rheel in Gates County. The project would w7den the existing facili.ty from
tm,o to four lanes.f.or approxitxtately 7.1 miles, traversing a portion of the Chowan Swamp Game
Land as well as the access poi.nt to Shoups Landing boating access area. NCDOT should
nninimize impacts to these public use azeas during desien and con.structiou of this facility.
Our priar comments have been ineorparated into the EA. This project is being teviewed
through the NEPA/404 Mergez bl process. We will contanue to assess the impacts associated
with the remaining alternatives in preparation for the seIcctian af the LEDPA and fax further
avoidanca and minimizatipn measures. Thank you for the opportutuity to comment. If we can be
of auy further assestance please call me at (91.9) 528-9$$6.
Mailing AddxQSS: Division of Znlan.d Fisheries a 1721, MaaI Service Center • Raleigh, NC 27699-I721
TelepLone: [phone] • Fax: [phone]
Kj r
NCDENR 32q?51a?
p,!c-}r Caro;iri;a Deuartme-i+ of Envir ,m-M nt and NA"."
C,;i? n?fVU3ri?? 4
r;
I ;(F^ fi+. ,. , ,
March 15, 2010
riE ' 040 w
,N1ENI UR A V t)C?M
'['o: Melha Mc(iee, Enviranmental Coordinator, Office of Legislative and Intergovcrnmcntal
Affairs
From: ll<ivid Wainwright. Division of Watcr Qiiality, Central Ofticc V0
Subjcct: ('omments on the F.nvironmental Asscssment rclated to the proposed widening of iIS
1311'US 158 from existing LJS 158/N(:' 45 near Winton to existing iJS 158 at'I'arhecl,
llertford and Gatc:s C'ounty, Statc Yrojcct No. 35488.1.1, TIP 2547A.
State ('learinghouse Project No. 1 Q-294.
"I'his oftice has reviewed thc referenced document datcd January, 2010. The NC llivision of Water Quality
(N('DWQ) is responsible for thc issuance of the Section 401 Water Quality (:'ertification far activities that
impact Watcrs of thc LI.S., including wctlands. It is our understanding that the project as presented will
result in impacts to jurisdictional wetlands, streams, and other surface watcrs. 'I'he NCL)WQ offers the
following comments hased on review of the aforementioned document:
Project Specitic Comments:
1. `This project is being planned as part of the 404/NEPA Merger Yrocess. As a participating team
member, the NCllWQ will continue to work with the team.
Buckhorn (`reek, the iJT to Folley Rranch, and the I7'1' to Jady Branch are class C; NSW; the Chowan
River is class B: NSW waters of'the State. The NCDWQ is very concerned with sediment and erosion
impacts that could result from this project. 'I'he NCUWQ recommends that highly protcctive scdiment
and crosion contro] BMPs be implemented to reduce the risk of nutrient runofl'to these waterbodies.
1'he NC'UWQ requests that road design plans provide trcatmcnt of the stonn water runoff throubh best
management praciices as detailed in the most rccent version of the NCDWQ's Stor•mwater 13est
Mu,tagemertt Practices.
3. 'I'he llWQ prcters on-sitc mitigation when practical and feasihle. 'I'he UWQ encourages the N(.'I)O'I'
to tiilly investigate all potential oti-site mitigation possibilities.
4. '1'he dc>cument does not discuss indireet and (:'umulative ).;Ifects in much dctail. The L)W(1 would like
to revicv, the I('E. scrccning tool rcsults for this project.
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General ('ommcnts:
5. Enviranmeniafasse;?sment alternatives shall consicier design criteria that reducc tkie impacts to streams
and wetlands from storm water runoff. "I'hcse altematives shall include road designs that allaw 1or
treatmeilt of thc`storm 4vater runoff thi•ough best managernent practices as detailed in the most recent
,..
version of N(:DWC'i"'s'.Storirzwater f3r:w Mcu7ugOmerlt Practicc:s, such as grassed swales, buffer areas,
pref'Nfted scour,Jq*s; K4tention basins, etc.
6. After thc sele?}ii?in oY tlie prcfcrred alternative and ?.?rior to an issuance of thc 401 Watcr Quality
C'ertifi cation, the NC'nOTis respectfully reminded that they will need to demonstrate the avoidance
and minimization of;impacts to wetlands (and strearns) to the maximum extent practical. ln
accordancc wrihthc'Erivironmental Matiagemeni Commission's Rules (15A NCAC 2H.05061h)).
iYiitigatiori will he required for impacts of greater than 1 acre to wetlands. in the event tha1. niitigation
is required. the mitigation plan should be designcd to replace appropriate lost functicros and values.
The NC Ecosystem F.,nhancement 1'rogram may be available for use as wetland mitigation.
7. In accordance with the Environmental Management Commission's Rules (15A NCi1('2II.0506[h]),
mitigation wil) be required for impacts of greater than 150 linear feet to any single stream. fn the
event that mitigalion is requircd, the mitigation plan shall be desibmed to replace appropriate iost
functions and valucs. 1fie NC i;cosystem I;nhancement Yrogram may be available for use as stream
mitigation.
8. E-uture documentation, includinb the 401 Watc:r Qualiry Certification Application, should continue to
includc: an itemized listing of the proposed wetland and stream impacts with corresponding mapping.
9. T'he NCDWQ is very concerned with sediment and erosion impacts that could result from this project.
The NCI)O'1' should address thcse concerns by describing the Uotential impacts that may occur to thc;
aquatic environments and any mitigating factors that wauld reduce the impacts.
10. 'T'he NCUOT is respectfully reminded that all impacts, including but not limited to, bridging, till,
excavation and clearing, and rip rap to jurisdictional wetlands, streams, and riparian buffers need to be
included in the final impact calculations. These impacts, in addition to any construction irnpacts,
temporary or othc:rwise, also need to be included as part of the 401 Water Quality Certification
Application.
11. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the
bridge and pre-treated through site-appropriatc means (grassed swales, pre-formed scour holes,
vegetated buffc.?rs, etc.) before entering the stream. Please ref'er to the most current version of'
NGDWQ's Stormwuter Best Munagement Fractice.c.
12. Sediment and erosion control measures sha11 not be placed in wetlands or streams.
13. Bonow/waste areas shall avoid wetlands to the maximum extent practical. Impacts to wetlands in
borrow/waste areas will necd to be presented in the 401 Water (luality Certification and could
preciPitate compensatory mitigation.
14. The 401 Water Quality Certification application will need to specifically address the proposed
mcthods for stormwater management. More specifically, stormwater shall not be permitted to
discharge directly into streams or surface waters.
15. Rased on the inibrniatic>n presented in the document. the magnitude of impacts to wetlands and
streams may require an Individual Ycrmit (IY) application to the Corps of L:nginecrs and corresponding
401 Water Quality Certification. Please be advised that a 401 Water Quality C'ertification reyuires
satisfactory prutection of water quality to ensure that water quality standards arc met and no wetland
or strcam uscs arc lost. Final permit authorization will rcquirc thc submitta] of a formaJ application by
thc N('U07' and «-ritten concin-rence from the NC'DWQ. Ylease be aware that any approval will be
contingent on appropriatc avoidance and minimization of wetland and stream impacts to the maximum
extcnt practical. thc development of'an acceptahle stormwater management plan, and the inclusion of
appropriate mitigation plans where appropriatc.
16. If temporary access roads or drtuurs are constructed, the site shall hc gr-aded to its preconstruction
contours and cievations. I>isturbed arcas shall be seeded or rnulched to stabiliie the soil and
appropriate native woody species shall be planted. When using temporary structures the area shall be
cleared but not gruhhed. (:'learing the area with chain saws, mowcrs, bush-hogs, or other mechanized
eyuipment and leaving the stumps and root mat intact allows the area to re-vegetatc naturally and
minimiies soil disturbance.
17. Placement of culvcrts and other structures in waters, streams, and wellands shall be placed below the
elevation of thc strcamhed by one fiiot for all culverts with a diameter greater than 48 inchcs, and 20
percent of the culveii diameter for culverts having a diameter less than 48 inches, to allow low (low
passage of watcr and aquatic lile. llesign and placement oi'culverts and othcr sttvctures inciuding
temporary erosion control measures shall not be conducted in a manner that may result in dis-
equilibriurn ur wctlands or slrcambeds or banks, adjacent to or upstream and dc>wnstream of the abovc
structures. '1'he applicant is required to providc evidence that the equitibrium is being maintaincd if
requested in writing by thc N('DWQ. If this condition is unaUle to be met due to bedrock or o[her
limiting features encounlcred during canstruction, pleasc contact the N('UWQ tior guidanee on how to
proceed and to dctcrniinc whether or not a permit modification will be rcquired.
18. lf multiple pipcs or barrels are reyuired, they shall be desigtxcd to mimic natural stream cross section
as closely as possible including pipes or barrels at (lood plain elevation, floudplain benches, andlor
sills may hr required where appropriate. Widening thc strcam channel shall be avoided. Stream
channel widening at the inlet or outlet end of structures typically decreases water velocity causing
sediment deposition that requires increased maintenance and disrupts aquatic life passage.
19. If foundation test horings arc necessary; it shall be notcd in the document. Gcotcchnical work is
approved under C?cneral 401 Certification Numher 3687/Nationwide Permit No. G for Survcy
Activities.
20. Sediment and crosion control measures sufficient to protect water resources musl be implemented and
maintained in accordance with the most recent version of North Carolina Sediment and I;rosion
Control I'lanning and 1)csigm Manual and the most rcccnt vcrsion AfNCS000250.
21. All work in ar adjacent to stream waters shall be conducted in a dry work area. Approved BM)'
measures fram the most current version of the NCDO"T Construction and Maintenance Activities
manual such as sandbags, rock berms, cofferdams and nther diversion structures shall be used to
prcvcnt excavation in 17owing water.
22. Riparian vegetatian (native trees and shrubs) shall be preserved to the maximum extent possible.
Riparian vegctation must be reestablished within the constniction limits of the project by the end of the
growing season (iollowitig completion of construction.
'l'he NCDWQ appreciates the opportunity to provide comments on your project. Shall you have any
yucstions or require any additional inlonnation, please eontaet David Wainwright at [phone].
cc: F3ill 13iddlccomc, US Army ('o?-ps of Engineers, Washington Field Uffice
Chris Militscher, l:nvironmental Protection /\gency (electronic copy only)
l'ravis Wilson, N(' Wildhtc Kcsources (:'ommission (clectronic copy only)
C'athy 13ritiingham. Division of C'oastal Managerncnt
Garcy Ward, NC'1)W0 Vl ashington Regional C)1lice
File Copy,
APPENDIX B
NEPA/404 MERGER TEAM CONCURRENCE FORMS
sEc'rtoN 404A.PA?A_wNTERn.c.w!.Nc,v nc,Rr;_??_MENT:
CONCURlZEA(:E Y'OMlN'I' 3
!,[1;AS"1' li;N'VINtONMN?N'I'Al,I,V DAMA(.N10JG PRA(`1'ICAN3NA; AN.'I'N+:1ZNA"f9'VM?
(I_.Y+,D1'A)/AV(9IDANCI? & IV1fNCIVI,IZA'fIOIV
1'rojcct:l'itlc: US 13--158, From US 158 ucM' Winton to US l58 in"fancccl, Flcrtford X"
Gatcs Comitics,'1'IP Project R.-25U7n, W13S l:leulent 35488.1.1
1_,cast 1?uvirouinentally Damagin? ?'ractical?le Alte?•uativc (N_,l?I)PA)
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"Ihc Scctirn? 404/NL?Pn Mcrgcr I'rojcct'1'cam concurre;d on tl?c L9lh day ol?Uctol?cr ?010
wilh thc L,l_?])f'l\ anrl nvoiclance/Mirrimizati()nr,ti(;?isurcs litcd abovc (or'1'iP ?'rc?jcct
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SECTION 404/NEPA INTERAGENCY AGREEMENT
CONCURRENCE POINT 4A
LEAST ENVIRONMENTALLY DAMAGING PRACTICABLE ALTERNATIVE
(LEDPA)/AVOIDANCE & MINIMIZATION
Proiect Title: US 13-158, From US 158 near Winton to US 158 in Tarheel, Hertford &
Gates Counties, TIP Project R-2507A, WBS Element 35488.1.1
404 Avoidance and Minimization Measures
The preliminary design for the project will only affect 28 of the wetland sites and 4 of the
streams for the alternative.
In an effort to avoid and minimize impacts to jurisdictional wetlands and streams
associated with the LEDPA (Alternative 1), NCDOT has proposed to implement enecot
*aawaaf-the following measures:
• Steeper side slopes (3:1) will be used in jurisdictional areas.
• The median width in Section 1 was reduced from 46' to 30' at the Chowan River
structure. The impact to the wetlands was not reduced on the south side and was
reduced by 0.4 acre on the narth side by narrowing the median width.
Additional Avoidance and Minimization Measures
"I'lie Sccfirnl Zt04/N1,'I'A Mcr£,cr Nrojcct ,l,cam concurrccl o n lhe 19111 day of Octobcr 2010
witli tllc n_voidancc/Miniinizat'ion mcastii'es listc<I abovc foi-'1'll' I'roject IZ--2507n.
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