20141169 All Versions_EPA Review of Final EIS_20110816

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August 16, 2011
Dr. Gregory J. Thorpe, Ph.D., Manager
Project Development and Environmental Analysis Branch
North Cazolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
SUBJECT: State Final Environmental Impact Statement for the Proposed US 17,
Belgrade to New Bem Bypass, Onslow and Jones Counties, North Cazolina; TIP Project
No.: R-2514BCD
Dear Dr. Thorpe:
The U.S. Envirorunental Protection Agency Region 4 (EPA) has reviewed the
subject document and is commenting consistent with Section 309 of the Clean Air Act
and Section 102(2)(C) of the National Environmental Policy Act (NEPA. 'The North
Carolina Department of Transportation (NCDOT) is proposing to construct and improve
US 17 between Belgrade and the New Bern Bypass to a 4-lane, median-divided facility
on mostly new location in Onlsow and Jones Counties. The proposed improvements to
the US 17 facility aze approximately 21 miles in length.
The R-2514A project of US 17 widening between Jacksonville and south of
Belgrade was completed several yeazs ago under an Environmental Assessment (EA)
issued in 1999 and a Finding of No Significant Impact (EONS)) in 2000. This
expressway project represents the southern terminus of the R-2514BCD project. The
northern ternunus of the R-2514BCD project connects to R-2301, the New Bem Bypass.
The proposed project has been in the NEPA/Section 404 Merger process since
August of 2001. Concurrence Point 2, Detailed Study Alternatives to be Carried Forward
for the B/C/D sections was signed on August 22, 2001. Concurrence Point 2A Bridging
and Alignment Review was signed on February 22, 2007. Concurrence Point 3, the Least
Environmentally Damaging Practicable Altemative (LEDPA) for the C/D sections was
signed on June 19, 2008. The B section azound Maysille was elevated to the Merger
Management Team by several Merger agencies. EPA essentially abstained from
concurrence on the CP 3 LEDPA of the Revised Altemative 2A on May 25, 2010.
Concurrence Point 4A Avoidance and Minimization measures were signed on April 16,
Internet Address (URL) • htip:nwww.epa.gov
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2009, September 17, 2009, and April 12, 2011. EPA provided detailed comments on the
State DEIS in February of 2005. EPA's detailed review comments on the State FEIS aze
provided in Attachment A.
Mr. Christopher Militscher will continue to work with you and other agencies on
the continued environmental coordination activities for this project, including the
hydraulic and permit review concurrence points. Please provide a copy of the Record of
Decision (ROD) when it becomes available and feel free to contact Mr. Militscher of my
staff at [phone] should you have speciffc questions concenung EPA's comments.
Sinc~e~r~ely',^
V V~,I~~~
Heinz J. Mueller, Chief
NEPA Program Office
Cc: W. Biddlecome, USACE
D. Wainwright, NCDENR
G. Jordan, USFWS
T. Wilson; NCWRC
S. Sollod, NCDCM
w/Attachment A

Attachment A
State FEIS Detailed Review Comments
US 17 Belgrade to New Bem Bypass
Onslow and Jones Counties
R-2514BCD
Stream and Wetland Imvacts
The total jurisdictional wetland and stream impacts for the B/C/D sections
comprising preferred alternatives 2A, 3 and 4D are 70.5 acres and 3,403 lineaz feet. The
proposed new location bypass alternative around Maysville will require a new crossing of
the White Oak River. The White Oak River is listed in the Nationwide Rivers Inventory
as potentially eligible as a Wild and Scenic River. The proposed new location bypass
alternative around Pollocksville will require a new crossing of the Trent River. Specific
wetland systems and other key environmental features are identified in Figures 3-14,
pages I and 2.
According to Section 3.5.3 of the FEIS, There are no Outstanding Resource
Waters (ORW), High Quality Waters (HQW), or 303(d) listed streams in the project
study azea. The FEIS states on page xviii that 5.7 acres of the 70.5 acres of impacted
jurisdictional wetlands are high quality wetlands. Pages 3-60 and 3-61 of the FEIS
- identify that two methods of rating wetlands were performed by the NCDOT. However,
the multi-agency supported North Carolina Wetlands Assessment Methodology
(NCWAM) was not used to provide these wetlands ratings as described on the
aforementioned pages or in Table 4-14. Table 4-14 provides the generally less
comprehensive Division of Water Quality (DWQ) ratings. The FEIS stresses the efforts
to minimize impacts to high quality wetlands (e.g., Page 4-48).
EPA notes that the impact per mile for this proposed project is approximately 3.3
acres of wetlands per mile or an estimated three times the average facility typically
designed for an `Eastern' Merger project. Considering that approximately 1/3 of the
project length (C Section) is widening along an existing corridor and that there are
. several long bridges spanning rivers and associated floodplains and wetlands for new
location sections, the higher than average jurisdictional impacts from the proposed
project continue to be an envirorunental concern. EPA is also concerned that the impacts
to all jurisdictional wetlands in the project study area, regardless of assigned or estimated
.... , . quality, are important for flood storage values and maintaining long-term water quality.
The low-lying coastal azeas of North Cazolina have previously seen historic losses to
..wetlands through agricultural, silvicultural and development activities.
A new location bridge for Alternative 2A over the White Oak River is 1,160 feet
in length with another 100-foot bridge for a tributary to the White Oak River. Table 4-12
of the FEIS identifies that the NCDOT hydraulic requirement at the White Oak River
crossing for Alternative 2A is 135 feet. Anew location bridge for Alternative 4D over
the Trent River is 1,180 feet in length.. Table 4-12 of the FEIS identifies that the

NCDOT hydraulic requirement at the Trent River crossing for Alternative 4D is 290 feet.
The location of the new crossing at the White Oak River continues to be an
environmental concern to EPA and requests that Best Management Practices (BMPs) be
applied to the greatest extent practicable, including the stringent requirements for native
vegetation replanting, invasive plant species controls, soil erosion and sedimentation
controls, and long-term stormwater management measures.
Section 404 avoidance and minimization measures for the preferred alternatives
(Sections B and D only) aze included on pages 4-53 to 4-56, Table 4-12, and in Appendix
A.1 concurrence forms. EPA concurred on these avoidance and minimization efforts for
these two sections of the proposed project with a `minor' exception noted herein. EPA
believes that a `reduction' of the median width to 46 feet for the new location bypasses
does not fully represent a minimization measure to jurisdictional resource impacts. The
US 17 Strategic Highway Corridor is both an expressway or freeway designed facility
and a transportation justification for an expanded median beyond the standard or typical
46-foot median width was not provided in the DEIS or FEIS. EPA notes that at the time
of this FEIS review, avoidance and minimization measures for Section C of the project
has not been completed by the NEPA/Section 404 Merger Team. The Concurrence Point
4A meeting has been scheduled by NCDOT for August 18, 2011. EPA requests that the
Record of Decision (ROD) reflect the avoidance and minimization commitments
following this Merger Team meeting.
. An Individual Permit from the U.S. Army Corps of Engineers is required due to
the unavoidable impacts to jurisdictional resources. Compensatory mitigation for
jurisdictional impacts is discussed on pages 4-56 and 4-57 of the FEIS. NCDOT has not
• identified any potential on-site mitigation opportunities at this time. NCDOT proposes to
... utilize the Croatan Wetland Mitigation Bank (CWMB) under an existing Memorandum
of Understanding (MOU) between the USACE, NCDOT and the U.S. Forest Service
.. (USFS). Compensatory mitigation not satisfied through the CWMB instrument is
. proposed through the NCDENR's Ecosystem Enhancement Program (EEP). EPA
' ,requests that all on-site mitigation opportunities identified by NCDOT be also
. coordinated with the EPA's Merger Team representative.
EPA has water quality concerns regazding the potential `hydraulic trespass' issues
~. associated with roadside ditches and keeping development stormwater separated from
roadway stormwater and allowing for proper retention and treatment prior to dischazge to
the receiving waters (including E. co/i bacteria). Due to the groundwater elevations in
much of the project study azea,.the coral nature of much of the project study area, the
.. .. predominant sandy soils and their reliance on shallow groundwater for drinking water
sources, EPA requests that NCDOT also consider these important issues in the final
environmental commitments for the proposed project. EPA also notes the potential
impacts to floodplains identified in Table S-2. Approximatelytwenty-one (21) miles of
potentially new impervious surface with miles of roadside ditches, not including new 2-
lane service roads,:represents apotentially significant long-term impact to surface and
shallow groundwater sources in the project study azea. EPA does not fully concur with
the statement regazding private wells not immediately involved in the project right of way

under Section 4.1.5.3.1 of the FEIS ("...are not likely to sustain serious impact.'. There
are no NCDOT supporting studies or evidence from other completed US 17 improvement
.projects presented in the FEIS along coastal North Carolina that help to confirm this
opinion. There are other published studies that indicate that development, historic over-
use by certain industries, other human activities such as agriculture and prolonged
droughts along the coast of North Cazolina have had some potential impact to shallow
drinking water sources. Please see some relevant references at the end of Attachment A.
Other Natural Resource Impacts
The impacts to terrestrial forest communities aze not specifically identified in
Table S-2, Impacts Summary Table in the FEIS. This table does reflect that there will be.
a total of 35.1 acres of direct impact to Croatan National Forest. This is the only national
forest in eastern N.C. and one of only two near the Atlantic coast (Francis Marion
National Forest in South Cazolina is the other one). Croatan National Forest represents a
unique and significant Federal resource to the State of North Carolina and impacts to the
forest should be minimized to the extent practicable. EPA notes the information
concerning Croatan National Forest on page 4-37 of the FEIS, as well as on Huffman
State Forest. From Table 4-11, the prefeaed alternatives for the three sections have a total
impact to 221 acres of terrestrial forests.
EPA notes the discussion conceming animal passage measures on page 4-46 of
- -the FEIS as well as the commitment to constmct a wildlife underpass between Croatan
National Forest and undeveloped areas adjacent to Huffrnan State Forest_to the west of
. ..... US 17. EPA strongly supports this transportation safety measure and the environmental
commitments with other resource and permitting agencies.
..:. EPA notes the.coordination and effect determinations summarized in Table 4-15
.for the 15 Federally-listed Threatened or Endangered Species potentially in the project
study area.
Human Resource Impacts
- - ,Residential relocations for Alternatives 2A, 3 and 4D total 46 from Table S-2.
.. - - : r There are no identified business relocations for any of the sections. Of the 46 residential
.relocations identified in this table, 34 residential dwellings aze inhabited by minority
. - -. _ : ~. families as discussed on page 4-7. An Environmental Justice (EJ) evaluation is presented
.. , .in the FEIS on pages 4-1 l and 4-12. The U.S. Army Corps of Engineers (USAGE) will
.. .. .. potentially need to consider this information and evaluation in its permit decision for this
'state-funded project under Executive Order 12898. The NCDOT has determined that the
-preferred alternative does not represent a disproportionate and adverse impact to minority
or low income populations. The FEIS identifies that two minority population centers in
Maysville and Pollocksville were avoided by the new location bypasses. Information
.. :concerning EJ community outreach activities is also presented in the FEIS.

Impacted noise receptors for the three sections of the proposed project tota1233.
EPA recommends full consideration of noise barriers and other abatement measures to
address these substantial impacts. Total farmland impacts of 1,378.4 acres are identified
in Table S-2. Most, if not all, of the farmlands were evaluated and rated as being under
the NRCS criteria for being classified as prime farmlands. The FEIS does not identify
any Voluntary Agricultural Districts being impacted from the proposed project. EPA
recommends that NCDOT continue working with local farmers on access and other
compensafion issues.
EPA notes the cultural resource effects in Table S-2 and in other sections of the
FEIS. There are 3 `no effect properties', 2 `no effect historic districts', 3 `no adverse
effect properties', and 1 identified azcheological site. EPA acknowledges that this is a
State-funded project and that Section 4(f) of the USDOT Act of 1966 does not apply.
There is one identified hazardous material site in Section 2A of the proposed project.
NCDOT indicates that Indirect and Cumulative effects are expected to be minimal
in the project study and planning azeas. EPA has environmental concerns regarding
direct and indirect water quality issues relating to this project and requests a copy of a
quantitative analysis for review and comment.
Web based references:
http://nc.water.us s. ov/projects/9SY11/
htto•//www ncwater orp,~Reports and Publications/GWMS Reports/Network Annual R
eports/fv2009-10 network ann report.pdf
http://www,ncwater.orgBducation and Technical Assistance/Ground Water/Publicatio
ns/
htto://nc.water.usas. ov/reports/fs24196/
'I
htto://ddr.nal.usda:gov/bitstream/10113/18023/1/IND21987472 pdf
http://www.aewt.ore/info/bacteria.htm
httn://h2o.enrstate.ncus/ewp/documents/SouthemCoastalReport pdf