20120935_Email_20110805

Wainwright, David
From: O'Connor Kristine A
Sent: Friday, August 05, 2011 10:39 AM
To: [e-mail]; [e-mail]; Wainwright, David;
Herndon, Mason
Cc: Moore, Brenda L; Cox, Charles R; Rivenbark, Chris; Duncan, Thad F; Stanton, Tyler P
Subject: RE: R-3432 Impact Update
Good morning everyone,
After last week's email exchange on this project and the change in the wetland/stream impacts, I hope everyone has had
sufficient time to review the information provided. If possible, I'd like to get some clarity on what you, as the decision
agencies, are thinking about with regards to the direction we should proceed in this case, particularly since we are
scheduled to begin R/W acquisition in 3 months. Your assistance with this matter is greatly appreciated and if any
additional information is needed, I'll be happy to provide it.
Please let me know if you have any questions.
Thanks!
Kristine
From: Chris Militscher [mailto:[e-mail]]
Sent: Friday, July 29, 2011 12:44 PM
To: O'Connor Kristine A
Cc: Moore, Brenda L; [e-mail]; Cox, Charles R; Rivenbark, Chris; Wainwright, David; Herndon,
Mason; Duncan, Thad F; Stanton, Tyler P
Subject: RE: R-3432 Impact ! update
Kristine: I would, at a minimum, recommend 3:1 side slopes at jurisdictional crossings for an avoidance
and minimization measure.
O'Connor Kristine A <[e-mail]> wrote: -----
To: Chris Militscher/R4/USEPA/US@EPA
From: O'Connor Kristine A <kaoconnorC~ncdot.gov>
Date : 07/29/ 2011 10: 03AM
Cc: "Moore, Brenda L" <blmooreCa~ncdot.oov>, Brad.E.Shaver
<Brad.E.ShaverCalusace.armv.milBrad.E.Shaver>, "Cox, Charles R" <ccoxCalncdot.oov>, "Rivenbark,
Chris" <crivenbarkCa~ncdot.gov>, "Wainwright, David" <david.wainwrightCalncdenr.gov>, "Herndon,
Mason" <mason.herndonCa~ncdenr.oov>, "Duncan, Thad F" <tfduncanCalncdot.gov>, "Stanton, Tyler P"
<[e-mail]>
Subject: RE: R-3432 Impact Update
Good morning Chris,
Here are the avoidance & minimization measures as listed in the EA & FONSI:
~1

EA: "NCDOT will attempt to avoid and minimize impacts to streams and wetlands to the greatest extent practicable
during project design. NCDOT will also investigate potential on-site stream and wetland mitigation opportunities for
this project. If on-site mitigation is not feasible, mitigation will be provided by the North Carolina Department of
Environment and Natural Resources Ecosystem Enhancement Program (EEP). In accordance with the "Memorandum of
Agreement among the North Carolina Department of Transportation, and the U.S. Army Corps of Engineers,
Wilmington District" (MOA), July 22, 2003, the EEP will be requested to provide off-site mitigation to satisfy the federal
Clean Water Act compensatory mitigation requirements for this project."
FONSI: "NCDOT was unable to totally avoid wetlands because of the extent of wetlands in the project study area. It was
determined that there was no practicable alternative to the proposed construction in wetlands and that the proposed
action includes all practicable measures to minimize harm to wetlands which may result from such use. Minimization
efforts include:
Alternatives 2A and 26 were developed specifically to minimize wetland impacts. Although Alternative 2A had
only 0.18 acre of wetland impacts and was NCDOT's original preferred alternative, the alignment of this
alternative was shifted slightly to avoid a potential Environmental Justice issue, thus creating Alternative 2B.
Alternative 2B was selected as the new preferred alternative and has 0.47 acre of wetland impacts.
Reducing the double left turn lanes on SR 1184 (Ocean Isle Beach Road) and the proposed extension of SR
1163 (Old Georgetown Road) to single left turn lanes due to the presence of wetlands at that intersection."
As I noted in my email to David earlier today, no additional avoidance and minimization has been done
since the new verification. Shifting the alignment would most likely result in additional wetland impacts
to WC, although adjacent portions of this wetland system south of the study area have not been formally
delineated. Additionally, shifting the alignment to avoid these features would lead to impacts to and
possible relocations of homes in the nearby Environmental Justice community off of Hale Swamp Road.
Please tet me know if I can be of any further assistance or if you have any additional questions/concerns.
Thanks,
Kristine

t
From: Chris Militscher [mailto:[e-mail]]
Sent: Friday, July 29, 2011 8:25 AM
To: O'Connor Kristine A
Cc: Moore, Brenda L; Brad.E.Shaver; Cox, Charles R; Rivenbark, Chris; Wainwright, David; Herndon, Mason; Duncan,
Thad F; Stanton, Tyler P
Subject: RE: R-3432 Impact Update
Kristine: Please identify what avoidance and minimization measures have been proposed by NCDOT for
this new location project and how these measures have reduced potential impacts to jurisdictional
resources. Thank you.
Christopher A. Militscher, REM, CHMM
USEPA Region 4 Raleigh Office
919-856-4206
Finai~ correspondence to and from this sender is subject to the N C.:. Public Records Law and may he disclosed to third parties.
3

- -
Wainwright, David
From: Wainwright, David
Sent: Friday, August 05, 2011 10:54 AM
To: O'Connor Kristine A; [e-mail]; [e-mail];
Herndon, Mason; Sollod, Steve
Cc: Moore, Brenda L; Cox, Charles R; Rivenbark, Chris; Duncan, Thad F; Stanton, Tyler P
Subject: RE: R-3432 Impact Update
Kristine,
Thank you for answering my questions as well as the other information you have provided. I have reviewed it,
as well as what is in the DWQ files. I also spoke briefly to Brad Shaver and Mason Herndon about the recent
updates to the JD calls and what direction we should take this project with respect to merger. At this time, I do
not believe the project needs to go back into the merger process.
In response to Chris' email, the DWQ will, as with all applicants, require that proper avoidance and
minimization efforts be demonstrated to the greatest extent practicable. Since there was no CP4A (or 46 or
4C) meeting for this project, I strongly suggest that it be addressed sufficiently in the application.
I think Brad is out of town next week -not sure if he is checking email or not.
David Wainwright
NCDENR, Division of Water Quality ,
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Phone: [phone] Fax: [phone]
David. Wainwriehtrd ncdenceov
Email correspondence to and From this address is subject to the North Carolina Puhlic Records Law and may be disclosed
to third parties unless the content is exempt by statute or other regulation.
`~ Please consider the environment before printing this email.
From: O'Connor Kristine A
Sent: Friday, August OS, 2011 10:39 AM
To: [e-mail]; [e-mail]; Wainwright, David; Herndon, Mason
Cc: Moore, Brenda L; Cox, Charles R; Rivenbark, Chris; Duncan, Thad F; Stanton, Tyler P
Subject: RE: R-3432 Impact Update
Good morning everyone,
After last week's email exchange on this project and the change in the wetland/stream impacts, I hope everyone has had
sufficient time to review the information provided. If possible, I'd like to get some clarity on what you, as the decision
agencies, are thinking about with regards to the direction we should proceed in this case, particularly since we are
scheduled to begin R/W acquisition in 3 months. Your assistance with this matter is greatly appreciated and if any
additional information is needed, I'll be happy to provide it.
Please let me know if you have any questions.
Thanks!
`1

f -
Kristine
From: Chris Militscher [mailto:[e-mail]]
Sent: Friday, July 29, 2011 12:49 PM
To: O'Connor Kristine A
Cc: Moore, Brenda L; [e-mail]; Cox, Charles R; Rivenbark, Chris; Wainwright, David; Herndon,
Mason; Duncan, Thad F; Stanton, Tyler P
Subject: RE: R-3432 Impact Update
Kristine: I would, at a minimum, recommend 3:1 side slopes at jurisdictional crossings for an avoidance
and minimization measure.
-----O'Connor Kristine A <[e-mail]> wrote: -----
To: Chris Militscher/R4/USEPA/US@EPA
From: O'Connor Kristine A <kaoconnorClo ncdot.gov>
Date : 07/ 29/ 2011 10:0 3A M
Cc: "Moore, Brenda L" <blmooreCalncdot.gov>, Brad.E.Shaver
<Brad.E.ShaverCa)usace.army.milBrad.E.Shaver>, "Cox, Charles R" <ccoxCa~ncdot.gov>, "Rivenbark,
Chris" <crivenbarkCalncdot.gov>, "Wainwright, David" <david.wainwrightCalncdenr.gov>, "Herndon,
Mason" <mason.herndonCo~ncdenr.gov>, "Duncan, Thad F" <tfduncanColncdot.gov>, "Stanton, Tyler P"
<[e-mail]>
Subject: RE: R-3432 Impact Update
Good morning Chris,
Here are the avoidance & minimization measures as listed in the EA & FONSI:
EA: "NCDOT will attempt to avoid and minimize impacts to streams and wetlands to the greatest extent practicable
during project design. NCDOT will also investigate potential on-site stream and wetland mitigation opportunities for
this project. If on-site mitigation is not feasible, mitigation will be provided by the North Carolina Department of
Environment and Natural Resources Ecosystem Enhancement Program (EEP). In accordance with the "Memorandum of
Agreement among the North Carolina Department of Transportation, and the U.S. Army Corps of Engineers,
Wilmington District" (MOA), July 22, 2003, the EEP will be requested to provide off-site mitigation to satisfy the federal
Clean Water Act compensatory mitigation requirements for this project"
FONSI: "NCDOT was unable to totally avoid wetlands because of the extent of wetlands in the project study area. It was
determined that there was no practicable alternative to the proposed construction in wetlands and that the proposed
action includes all practicable measures to minimize harm to wetlands which may result from such use. Minimization
efforts include:
Alternatives 2A and 28 were developed specifically to minimize wetland impacts. Although Alternative 2A had
only 0.18 acre of wetland impacts and was NCDOT's original preferred alternative, the alignment of this

alternative was shifted slightly to avoid a potential Environmental Justice issue, thus creating Alternative 2B.
Alternative 28 was selected as the new preferred alternative and has 0.47 acre of wetland impacts.
- Reducing the double left turn lanes on SR 1184 (Ocean Isle Beach Road) and the proposed extension of SR
1163 (Old Georgetown Road) to single left turn lanes due to the presence of wetlands at that intersection."
As I noted in my email to David earlier today, no additional avoidance and minimization has been done
since the new verification. Shifting the alignment would most likely result in additional wetland impacts
to WC, although adjacent portions of this wetland system south of the study area have not been formally
delineated. Additionally, shifting the alignment to avoid these features would lead to impacts to and
possible relocations of homes in the nearby Environmental Justice community off of Hale Swamp Road.
Please let me know if I can be of any further assistance or if you have any additional questions/concerns.
Thanks,
Kristine
From: Chris Militscher [mailto:[e-mail]]
Sent: Friday, July 29, 2011 8:25 AM
To: O'Connor Kristine A
Cc: Moore, Brenda L; Brad.E.Shaver; Cox, Charles R; Rivenbark, Chris; Wainwright, David; Herndon, Mason; Duncan,
Thad F; Stanton, Tyler P
Subject: RE: R-3432 Impact Update
3

Kristine: Please identify what avoidance
this new location project and how these
resources. Thank you.
Christopher A. Militscher, REM, CHMM
USEPA Region 4 Raleigh Office
919-856-4206
r ~_ -
and minimization measures have been proposed by NCDOT for
measures have reduced potential impacts to jurisdictional
Email correspondence to and from this sender is suhject to the N.C. Public Records Law and maybe disclosed to third parties.

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r ~' OF TRANSPORTATION FROM SR 1184 Div 3 T~P# R-3432 Figure
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