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HomeMy WebLinkAbout20141169 All Versions_Meeting Minutes 08182011_20110915~e~~~~ ~•>~.> DEPARTMENT OF TRANSPORTATION BEVERLY EAVES PERDUE GOVERNOR MEMORANDUM TO: Meeting Attendees COPY TO: Ms. Jessi Baker (NCDENR- Division of Marine Fisheries) Ms. Renee Gledhill-Earley (NCDCR -Historic Preservation Office) Mr. Glenn Mumford (NCDOT -Roadway Design Unit) Mr. Ron Sechler (NOAA -Fisheries) Mr. Roger Thomas (NCDOT -Roadway Design Unit) FROM: Mark Pierce, P.E., Project Planning Engineer Eastern Project Development Unit SUBJECT: Minutes from August l8, 201 I CP4A Meeting for R-2514C (Widen US 17 from north of Maysville to south of Pollocksville, Alt. 3) R-25146CD: US 17 -Belgrade to New Bern - Onslow & Jones Counties The Merger Process Team conducted a Concurrence Meeting from 10:05 to l 1:50 a.m. on Thursday, August 18, 2011 to discuss Avoidance & Minimization for Section C of the US 17 Project. The following individuals recorded their attendance or were observed at the meeting. STATE OF NORTH CAROLINA September 15, 201 I (Thursday) EUGENE A. CONTI, JR. S[CRE'fARV' 1. Dean Argenbright (NCDOT - Geotechnical Engineering Unit) via web conference 2. Omar Azizi (NCDOT -Structure Design Unit) 3. Anne Burroughs (NCDOT-Natural Environment Unit) 4. Tim Goggins (NCDOT -Structure Design Unit) 5. Karen Compton (U.S. Department of Agriculture -Forest Service) 6. Ed Eatmon (Division 2) 7. Lance Fontaine (NCDOT-Natural Environment Unit) 8. Uanny Gardner (NCDOT -Roadway Design Unit) MAILING ADDRESS: NC DEPARTMENT QF TPoINSPORTATION PROJECT DEVELOPMENT 8 ENVIRONMENTAL ANALYSIS BRACCH 1546 MAIL SERVICE DENTER RF~EIGH NC 27699-1646 TELEPHONE: 919-707-6000 FAX: 919-2504224 WEBSITE' www, r: cdo t. org/d oh/precanstr. ~ct/pe/ LOCATION: CENTURY CENTER BU ~G A X000 BIRCH RIDGE D±IVE RALEIGH NC 27610 Minutes jrom August /H. 2011 CP4A Concurrence Meeting R-1.5/4C: Widen US 17from north of Mnysvi/le to south ojPo//ockcvi/le (Alternate 3J September /S, 2011 Page 1 9. Rob Hanson (NCDOT-Eastem Project Development Unit) 10. Phil Harris (NCDOT-Natural Environment Unit) 1 I. Gary Jordan (U.S. Fish and Wildlife Service) 12. Neil Lassiter (NCDOT -Division 2) 13. Elizabeth Lusk (NCDOT-Natural Environment Unit) 14. Chris Militscher (U.S. Environmental Protection Agency) I5. Paul Mohler(NCDOT-Archaeology Section) 16. Mark Pierce (NCDOT -Eastem Project Development Unit) 17. Travis Potts (NCDOT-Roadway Design Unit) 18. Chris Rivenbark(NCDOT-Natural Environment Unit) 19. Amy Simes (N.C. Department of Environment and Natural Resources) via web conference 20. Steve Sollod (N.C. Division of Coastal Management) 21. James Speer (NCDOT -Roadway Design Unit) 22. Wes Stafford (Wilbur Smith Associates) via web conference 23. Mark Staley (NCDOT -Roadside Environmental Unit) 24. Tom Steffens (U.S. Army Corps of Engineers) 25. Greg Thorpe (NCDOT -Project Development & Environmental Analysis Branch) 26. Jay Twisdale (NCDOT -Hydraulics Unit) 27. David Wainwright (N.C. Division of Water Quality) 28. Robert Will (Down East Rural Planning Organization) 29. Travis Wilson (N.C. Wildlife Resources Commission) 30. Brian Yamamoto (NCDOT -Eastern Project Development Uni[) (*) Merger Process Team Members Purpose of this Meeting We conducted this meeting to: • discuss the avoidance and minimization measures related to Section C (Alternate 3), widen US 17 from north of Maysville to south of Pollocksville (a copy of the corridor map is attached for reference); • present the current merger status and recap the meetings and decisions leading up to this point; and • present the responses to action items from previous merger meetings. Action Items from Previous Meetings Wildlife Underpass: The Nature Conservancy, the U.S. Fish and Wildlife Service (USFWS), the U.S. Forest Service (USES), the N.C. Department of Environment and Natural Resources (NCDENR), the N.C. Wildlife Resources Commission (NCWRC), and the U.S. Marine Corps (USMC) requested that Minutes from Augus! I N, 2011 CP4A Concurrence Meeting R-25l4C: Widen US U from north of Mayrvil/e to south of Pol/ackaville (A/lernale 3) September 15, 20/1 Page 3 NCDOT construct a wildlife underpass between Maysville and the Community of Chadwick. NCDOT has agreed to construct a wildlife underpass as part of the R-2514C highway improvements project. CP4A Conditional Concurrence on Section B (Maysville Bypass): The Team reached concurrence on the avoidance and minimization measures presented during the April 12, 201 I CP4A Meeting for Section B (Maysville Bypass) subject to the following conditions. NCDOT will study realignment of the southern terminus of the bypass to determine whether additional minimization can be achieved for Wetlands 2, 27, 30, 31, and 32. NCDOT will study shifting the turnaround bulbs to further minimize impacts to Wetlands 27 and 49. This work is still in progress under the direction of the U.S. Army Corps of Engineers, and will be presented after resolution of the updated wetland file and associated update of the Jurisdictional Determination. Uadatine the Wetland File: Environmental Services, Inc., NCDOT, and USACE have been updating the Wetland File for the following reasons: • Realignment of the southern tie-in of the Maysville Bypass to further minimize wetland impacts as requested by USACE at the April 12, 201 1 CP4A Meeting for R-2514B. • Improvements to the USFS access road north of Maysville; • Realignment of the Pollocksville Bypass to minimize impacts to the Pelletier Farm; and • Realignment of the service road near Ten Mile Fork Road. • Reverification of the above-referenced areas will be performed so that the Jurisdictional Determination can be updated. Archaeological Resource MOA: One National-Register-Eligible Archaeological site that is located at the match line between Section C and Section D will be impacted by this project. A Memorandum of Agreement between the U.S. Army Corps of Engineers and the State Historic Preservation Office has been prepared and signed to describe and implement data recovery for the site. A copy of the MOA is attached for reference. Solidaeo verna (spring-flowering goldenrod): Spring-flowering goldenrod is a State Endangered Species, a Federal Species of Concern, and is included by USFS in a listing of Proposed. Endangered, Threatened, or Sensitive (PETS) Species. Habitat for this species (spring Flowering goldenrod) in the Croatan National Forest will be impacted by this project. Seeds will be harvested, preserved, and planted on designated locations in the Croatan National Forest. A project commitment will be included in the State Record of Decision to provide coordination between NCDOT and USFS. Comments & Questions Prior to this Meeting Prior to this meeting, Mr. Gary ~ordan (USFWS) and Mr. Travis Filson (NCWRC) contacted Mr. Mark Pierce (NCDOT) Co question tha geometry of the Wildlife Underpass as presented on the sketch in the Minutesjrom August /ft, 1011 CP4A Concurrence Meeting R-15/4C: Wlden US /7jrom north of Maysville (o south ojPollocksvil/e (Alternate 3) September /5, 10// Page 4 CP4A Meeting Packet and as described in the State Final Environmental Impact Statement (June 23, 201 I ). Mr. Jordan and Mr. Wilson asserted that the span length should have been shown as two, 60-toot spans (I 20-foot total span length for the structure). Mr. Pierce discussed the structure geometry with Mr. Omar Azizi (NCDOT Structure Design) and confirmed that Mr. Jordan and Mr. Wilson were correct. The span length should have been shown as two, 60-foot spans (120-foot total span length) and the bottom width will depend upon the pending geotechnical recommendations for the abutment slope, but will be a minimum of 60 feet. NCDOT will revise the wording of the project commitment for the Wildlife Underpass in the State Record of Decision. Also prior to this meeting, Mr. Chris Militscher (USEPA) contacted Mr. Pierce to request that the reference to a 46-foot median as an avoidance and minimization measure be removed from the concurrence agreement. NCDO"f removed the reference from the concurrence agreement. Additional Avoidance and Minimization Measures Requested during the Meeting Mr. Tom Steffens (USAGE) requested that NCDOT shift the location of the turnaround in the vicinity of Wetland 93 to minimize impacts to the wetland. NCDOT reviewed the design at this location after the meeting, and made the decision to shift the turnaround to further minimize impacts to Wetland 93. The original impact was 0.87 acre. The revised impact is now 0.79 acre, a decrease of an additional 0.08 acre in this location. An excerpt from the revised design plan is attached for reference. Avoidance & Minimization Measures NCDOT has included various measures throughout the project development process to avoid or minimize impacts to the human and natural environment. Refinement of Vertical Ali ng_ment: The impacts presented during this meeting were based upon final surveys, which generated a refinement in the vertical alignment and the construction footprint. The impact footprint includes the slope stake lines plus 25 feet. Community Impacts: Years ago, the Merger Process Team recommended widening on the east side of US 17 in order to minimize impacts to the Community of Chadwick. Although widening on the east side generated additional impacts to the Croatan National Forest and the J. Nathan Foscue Farm, it generated approximately 80°/o fewer relocations than widening on the west side. A copy of the '`Concurrence Form for Assessment of Effects" for the J. Nathan Foscue Farm is attached. Wildlife Impacts: NCDOT will construct a Wildlife Underpass on US 17 between Maysville and Chadwick, which will provide a physical connection and accommodate the natural movements of black bear and other large and medium-sized mammals between the Hofmann Forest and the Croatan National Forest. Biologists and wildlife experts believe that this location is critical to the long-term health of the black bear population in the central Coastal Plain. The underpass should decrease vehicle-animal collisions and improve traffic safety fa the public. NCftOT and the stakeholders met and determined that dual bridges would be constructed with a total length of 120 feet (two, 60-foot spans), a minimum Minutes from August /g, 10// CP4A Cancurrence Meeting R-15/4C: Widen US l7from north ojMnysvi!le to south of Po!lneksville (Alternnte 3) September /5, 1011 Page S bottom width of 60 feet, and a minimum vertical clearance of 10 feet. Copies of recent correspondence and a revised section view of the Wildlife Underpass are attached. Fire Suppression Road 204: USFS Fire Suppression Road 204 will be closed at US 17 to allow for construction of the Wildlife Underpass and fencing in that location. The proposed grade of the fill material and wildlife fencing for the structure will prevent vehicular access from FSR 204 to US 17. Therefore, in order to provide alternate access for USFS, NCDOT will purchase and maintain the graveled drive located just northeast of Maysville that extends from existing US 17 to the abandoned railroad on USFS Property. USFS will make a recommendation on the extent of the closure of FSR 204. Jurisdictional Impacts: Thejurisdictional impacts for Section C have been avoided and minimized to the maximum extent practicable based upon the preliminary design plans dated July 6, 201 I presented during this meeting, and as revised after this meeting based upon USACE's request to shift the turnaround at Wetland 93. Measures to avoid and minimize impacts to jurisdictional features include vertical adjustments, 3-to-1 slopes in wetlands, and locating service roads and turnarounds in non- jurisdictional areas. As presented on the following impact tables, wetland impacts have been avoided or minimized from 23.34 to 18.69 acres (20% net decrease). Stream impacts have been minimized from 537 to 351 feet (35% net decrease). 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N v D1 O n M O O - ~D M 7 ~D Vl Vt ~D M ~ M - 0 0 - M O O - O O M O O N „ ~ N 0 0 0 0 O O O O O O - O O O C_ `~' c G N V ^ C ~ ~ ~ O 'O L O ~p O ~~ Q ~ ~ ~ O N 7 , M M vl - ~n N O O~ - N ~/'t 00 O f~ - N - M f~ M ~ W aL o o o o o? - o o o ~ ~o ry - o oo a N M ~n o o ~n o - o o 3~~ 0 0 0 ' [~ O O O O O N - O O O O O O O O O N O 0 0 0 U. o ti ~~ NV ~ 00 N M 'N V vl O O M 00 - N M - M 7 ~D 1~ 00 n 00 N v . ~> G O N - O - N D\ D` O O W 7 N 7 ~O O O o0 O - - M ~~~ O ~ O O O O O N O O O O O O O O O O M O 0 0 0 G. a ~° C 3 7 ~D M N M N N 1~ r n ~ - Vl 00 D\ O, ~ ~ M - - O 7 7 1~ N ~ N N M N M N N - - M N N N N N M M M M M M N N N - c ~ O M v~ 1~ 00 ~ O - N 7 ~n ~D t~ c0 Q\ O N M 7 vl ~D oo D\ O - N ~ vl ~O ~O ~D ~O ~O f~ r r h n ~ n n (~ 00 W W 00 00 00 00 00 T Q\ D\ Q i v Y Y a° z o Y _ 3 ~~ Y y t ~ s ~~ V V j o £ rv ~~ '~; i ~ O e~N 03^ yCJ a y a ~ Z N ~C 4 ~~ ~n4 a d 3 z Q Vi F "' z N O O L L ~ _ O O N ~ ~ V V U V U > > O 4. '.w- ~J O O G C U V C C ~ ~ ~ ~ ~ ~ M ~ C t6 y ~ ~ ~. L ~-- i ~ U 0 .~v? ~ ~ ~ . ~ .., U ~ +~'' ~ N 'rV. O ~ Q ~ N _ h U - h o ~ ~ o ~ •~ a ~ ~ ~ y~" 4. M - Vl a` ~1~ U ~ ~ c ~' ~ N ~ ~ a ~ ~ ~ m 3 N - 0 ~ r- Q ,°'L, U O ~ a N ~E N r 0 m vi z L G O U y C ~ V U ~ j O 4. U o v E c 4. U 00 vii M C i 0 ~ ~ [) U c 0 N N E cc `' G V U ~ y M ~ O '~ L .O ~ O `i Q v ~ v n ~ o ~ ~ ~ U - h O '~ G L O ` ~ ~ O a - o a. n. Minutesjrom August /g, 10// CP4A Concurrence Meeting R-2514C: Widen US /7from north of Maysville (o south ojPollocksville (Alternate 3) September /S, 10/1 Page 8 Summar,, o~pacts The following project impacts were calculated for a footprint using the slope stake lines plus 25 feet on each side. Section C Length Bridges Croatan National Forest Forested Historic Resources Noise Impacts Red-cockaded Woodpecker Residential Relocations Streams Wetlands Construction Cost Right of Way Cost Utilities Cost Mitigation Cost Wildlife Underpass Cost Total Cost 3.4 miles Wildlife Underpass (dual bridges, 120-ft length) 24 acres 32 acres J. Nathan Foscue Farm (No Adverse Effect) 52 Not Likely to Adversely Affect 8 (Community of Chadwick) 351 feet 18.69 acres $ 20.0 M $ 4.6 M $ I.5 M $ I.0 M = $0.9M (wetlands) + $0. I M (streams) $ 5.0 M = $4.OM (construction) + $l .OM (right of way) $ 32. I M Concurrence The Team reached concurrence on the avoidance and minimization measures presented and requested during this meeting. Ms. Jessi Baker (NCDMF) and Ms. Renee Gledhill-Earley (NCDCR-HPO) were not in attendance, but subsequently concurred with the Merger Process Team. A copy of the CP4A Concurrence Agreement and related correspondence is attached for reference. Action Items CP4A Conditional Concurrence on Section B (Maysville Bypass): NCDOT will study realignment of the southern terminus of the bypass to determine whether additional minimization can be achieved for Wetlands 2, 27, 30, 31, and 32. NCDOT will study shifting the turnaround bulbs to further minimize impacts to Wetlands 27 and 49. This work is still in progress under the direction of the U.S. Army Corps of Engineers, and will be presented after resolution of the updated wetland file and associated update of the Jurisdictional Determination. 2. Updating the Wetland File &. Jurisdictional Dctermination: Environmental Services, Inc., NCDOT, and USACi? hay e been updating the Wetland File at four locations throughout the protect. These areas are being reveritied and the Jurisdictional Determination will be updated. Minutes from August 18. 2077 CP4A Concurrence Meeting R-2514C: Widen US 17jrom north njMa/~sville to south ojPn!lncksville (Alternate 3J September 15.201/ Pnge 9 3. Solidago verna (wring-flowering goldenrod): Seeds will be harvested, preserved, and planted on designated locations in the Croatan National Forest. A project commitment will be included in the State Record of Decision to provide coordination between NCDOT and USFS. 4. Wetland 93: Mr. Tom Steffens (USAGE) requested that NCDOT shift the location of the turnaround in the vicinity of Wetland 93 to further minimize impacts to the wetland. NCDOT reviewed the design at this location after the meeting, and made the decision to shift the turnaround to further minimize impacts to Wetland 93. The original impact was 0.87 acre. The revised impact is now 0.79 acre, a decrease of an additional 0.08 acre in this location. Wildlife Underpass Fencing: Mr. Gary Jordan (USFWS) requested that the fencing associated with the Wildlife Underpass include a wire mesh at the bottom of the fence to prevent smaller species from passing through the chain link fencing. Discussions on this issue will continue during the CP4B Flydraulic Design Review Meeting. Weyerhaeuser Access: NCDOT will discuss right of way access with Weyerhaeuser for their tract adjacent to the Wildlife Underpass. 7. Fire Suppression Road 204: USFS will make a recommendation on the extent of the closure of FSR 204. Acknowledgements Please review these minutes and provide me with your corrections, additions, or approval. Should-you have comments or questions during your review or want to further discuss any of these issues, please contact me at (919) 707-6035 or mspierce ncdot.gov. I appreciate your time and look forward to your response. " ' ^ NORTH CAROLINA R 2514 US 17 in Onslow & Jones Counties k DEPARTMENT Preferred Alternative Map ~•~•~~ TRANSPORTATION ,~ DEPARTMENT OF THE'ARM1' ~~jr~Q~Fr:~~j~j~~ • WILMINGTON DISTRICT; CORPS OF CNGINCERS ~ ° =~" ~ P~O. BOX 1890• ?Y Msn~,'T;~uTU 13:9 Z~':t C' 1 WILMINGTON NORTH CAROLINA 28402-.1890 /e-25~4 REPLY TO ATfEMION OF: Jnly' 14, 201'1 Regulatory Division Action ID No.: SAW 2008-00528 John T. Eddins, Ph.D. Advisory Council on Historic Preservation Office of Federal Agency Programs 1100 Pennsylvania Avenue, NW Suite 803 Washington, D.C:, 20004 Re: Memorandum of Agreement (MOA) for the proposed.improvements to US Highway 17 from Jacksonville to New Bern, Jones and`gnslow Courities,~Nor[h Carolina. The project will have an adverse effect upon archaeological site 31JN128**. Dear Mr. Eddins: Enclosed please find a copy of the MOA between the:US Army Corps of Engineers,ahe State Historic Preservation Office (SHPO) and 4he North Carolina Department of Transportation (NC DOT), that was developed to address the adverse effeotofltlie,proposed improvements to US Highway 17, (TIP. R-2514 B, C and D), in Jones and Onslow Counties, on an archaeological resource in the project vicinity: Inasmuch as the Federal Highway Administration did noGfund this project, but it was necessary to secure a Corps permit~under the authorify,of the.Clean Water Act; the Wilmington District Corps ofEngineers served as fhedead Federal agency with respect to ensuring compliance with Section 106 of the Historic Preservation Act. A permit for the referenced project, if issued, will contain a condition that obligates the NC DOT to comply with the provisions contained therein. The Corps of Engineers defined the undertaking, the boundaries of4he permit area; and evaluated the effects of the undertaking on historicgroperties _for this project pursuant to 33 CFR, Part 325, Appendix C. The result of this analysis was the decision that the entire project area should be federalized: As the scope ofthe permit area defined by this analysis i§ identical to the scope that would be identified by the regulations at 36 CFR Part 800, we are willing to sign the attached MOA, which defines the •project area with reference to the regulations at 36 CFR Part 800. In accordance with 36 CFR §800:6(b)(1)(iv), we are forwarding a copy of the executed MOA for your records. JtRON .2~~ MFti Q G ~7UL 1 9 2011 z ,, ^~' { t -z- If you have any questions or need additional information, please contact Tom Steffens at the Washington Regulatory Field Office, telephone (910) 251-4615. Sincerely, ~' ~~ S. Kenneth Jolly, Chief Regulatory Division Enclosure Copies fiirnished: Ms. Renee Gledhill-Earley North Carolina Department of Cultural Resources State Historic Preservation Office 4617 Mail Service Center . Raleigh, NC 27699-4617 Mr. Matt Wilkerson Archaeology Group L ader NCDOT Century Center Building B 1001 Birch Ridge Drive Raleigh, North Carolina 27610 Ynge ! of 4 MEMORANDUM-hTF AGREEMENT BETWEEN THE UNITED STATES ARMY CORPS OF ENGINEERS AND THE NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICE FOR PROPOSED US 17 IMPROVEMENTS FROM JACKSONVILLE TO NEW BERN JONES AND ONSLOW COUNTIES, NORTH CAROLINA TIP PROJECT NO. R-2514B, C, D STATE PROJECT N0.34442.1.1 WHEREAS, the United Smtes Army Corps of Engineers (USAGE) has delenuined that the construction of the US 17 Improvements from Jacksonville to New Bern (lhc Undertaking) will have an adverse effect upon archaeological site 31JN128**, a property determined eligible for listing nn the National Register of Historic Places (NRHP); and W HERF.AS, the USAGE has consulted with the North Carolina State Historic Preservation Officer (SHPO) pursuant to 36 CFR fart 800, regulations implementing Section 106 of the National Historic Preservation Act (16 U.S.C. 470f); and WHEREAS, the North Carolina Department of Tronsportation (NCDOT) has participated in the consultation and heen invited by USAGE and the SHPO to concur with this Memorandum of Agreement (MOA); and WHEREAS, the USAGE has notified the Advisory Council on Historic Preservation (Cowtciq o(the adverse effect and the Council has declined ro comment or participate in the consultation; and WHEREAS, the consulting parties concur, to the best of their knowledge and belief, that no Native American Tribes or Native Hawaiian organizations attach religious or culniral importance to the affected property, and that no objections from such groups have been raised to the work proposed; and WHEREAS. to the best of our knowledge and belief, no human remains, associated or unassociated funerary objects or sacred objects, or ohiects of cultural patrimony as defined in the Native American Graves Protection and Repatriation Act (25 U.S.C. J001), are expected to be encountered in the archaeological work; NOW, THEREFORE, USAGE and the SFiPO agree that the Undertaking shall be implemented in accordance with the following stipulations in order to take into account the effects of the Undertaking on the archaeological site. R-?5I4B,C, D, .lonza Dort 0nslow Counties Memorandum oJ':Igreemem Al,n~ ?, ?O! I Page I oJ4 STIPULATIONS The USACE shall ensure that the following measures are carried out: I. Archaeological Data Recovery Plan for Site 31JN128"* • NCDOT, in consultation with the SHPO, shall develop and implement an Archaeological Data Recovery Plan (DRP) for Site 31 JN 128'", which will be directly impacted by the Undertaking. NCDOT shall ensure that the DRP is implemented alter Right•of--Way is acquired or once Right-of-Entry is secured from the property owners and prior to construction activities within the site location as shown in the DRP. II, Unanticipated Discovery • In accordance with 36 CFR 800.1 I(a), if NCDOI' identifies any additional cultural resource(s) during construction and determines it (them) to be eligible for the NRHP, all work will be halted within the limits of the NRIiP-eligible resources(s) and the USACE and SHPO contacted. if after consultation with the Signatory and Concurring Party(ies) additional mitigation is determined necessary, the NCDOT, itt consultation with the Signatory and Concurring Party(ies), will develop and implement appropriate protection/mitigabon measures for the resource(s). Inadvertent or accidental discovery of human remains will be handled accordance with North Carolina General Statutes 65 and 70. IIT. Dispute Resolution • Should any of the Signatory or Concurring Party(ies) object within thirty (30) days to any plans or documentation provided far review pursuant to this MOA, the USACE shall consult with the objecting parry(ies) to resolve the objection. If the USACE or objecting party(ies) determines that the objection cannot be resolved, the USACE will forward all documentation relevant to the dispute to the Council. Within thirty (30) days after receipt of all pertinent documentation, the Council will either: I) Provide the USACE with recommendations which the USACE will lake into account in reaching a final decision regarding the dispute, or 2) Notify the USACE that it will comment pursuant to 36 CFR 800.7(c) and proceed to comment. Any Council comment provided in response to such a request will be taken into account by the USACE, in accordance with 36 CFR 800.7(c)(4) with reference to the subject of the dispute. • Any recommendations or comments provided by the Council will be understood to pertain only to the subject of the dispute; USACE's responsibility to carry out all of the actions under this agreement that are not the subject of the dispute will remain unchanged. IV. Amendments . • If any Signatory to this MOA believe that its terms catmot be carried out or that an amendment to the terms must be made, that (those) party(ies) shall immediately consult with the other party(ies) to develop amendments in accordance with 36 CFR SOO.ti(e)(7). If an amendment cannot be agreed upon, the dispute resolution process set forth in Stipulation 111 will be followed. V. Termination • Any Signatory to this MOA may terminate the agreement by providing notice to the other parties, provided that the Signatories attd Concurring Party(ies) will consult during the period R-25(48,C,D, Jones andOnslou-Cmmries Memnrandurn oJdgreemem May 1. ?0/ l Poge 3 0%4 prior to termination to seek agreement on amendments or other actions that would avoid tenninatirnt. 'fonnination of this MOA will require compliance with 36 CPR 800. "this MOA may be terminated by the execution of a subsequent MOA that explicitly terminates or supersedes its temrs. VI. Duration • iJnless terminated pursuant to Stipulation V above, this MOA will be in effect until USACE, in consultation with the other Signatory and Concurring Party(ies), determines that all of its teens have s+ttisfacWrily been fulfilled or if NCUO'1' is unable or decides not to construct the Undertaking. Execution of this Memormidum of Agreement by USACE and the Nonh Carolina SHPO; its subsequent filing with the Council, and implementation of its terms evidence that USACE has afforded the Council an opportunity to comment on the Undertaking and that USACE has taken into account the effects of the lJndertaking on the archaeological site. AGREE: United States Army Corps of Engineers Ken Jolly, Chief Regulatory Division Wilmington District Office Stale Historic Preservation Otlicer Jefli~ey J. Cldw V North Carolina SY Istoric Preservation Officer PILED: B v: Date lit Advisory Council on Historic Preservation R-?5I4Q.C, D, Jones and Onslow Cunnlies Memarnndum ojAgreemem Date Mm- 2, ?UI l Poge 4 0~4 MEMORANDUM OF AGREEMENT BETWEEN THE UNITED STATES ARMY CORPS OF ENGINEERS AND THE NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICE FOR PROPOSED US 17 IMPROVEMENTS FROM JACKSONVILLE TO NEW BERN JONES AND ONSLOW COUNTIES, NORTH CAROLINA TIP PROJECT NO. R-2514B, C, D STATE PROJECT N0.34441.1.1 Execution of this Memorandum of Agreement by USACE and the North Carolina SHPO, its subsequent tiling with the Council, and implementation of its terms evidence that USACE has afforded the Council an opportunity to comment on the Undertaking and that USACE has taken into account the effects of the Undertaking on the archaeological site. CONCUR: North Carolina Department of'!'ransportation Robert Andrew Jo er, P.E. Date Human Environment Unit Head R-ZS l4R,C,~, Jones and Onslom Counties hlemormrdum ofAgreemem Mav 2, 20!l ~I~QW~.~~~I!= o-..MS~ .raA~Q~/~z~Z~~~ e~zs~4 Prese September 9, 20l I S. Kenneth Jolly, Chief Regulatory Division Department of the Army Wilmington District, Corps of Engineers P.O. Box 1890 Wilmington, NC 28402-1890 Ref: Filing of Executed Memorandum of Agreement regarding US' 17 Improvements from Jacksonville to New Bern, Jones and Onsldw Counties, Niirth~Carolina Tip Project No. R-2514B, C, D State Project No. 34442.1.1 Dear Mr. Jolly: The'Advisory Council on Historic-Preservation (ACHP) h'as receipedthe Memorandum of Agreement (MOA) for the above referenced project. In accordance with Section 800:6(b)(1)(iv) of the ACHP's regulations, the ACHP acknowledges receipt of the MOA. The~filing:of the MOA, and execution of its terms, completes the requirements of Section 106 of the National Hi"s_torie Preservation Act and the ACHP's regulations. We appreciate your providing us with a copy of the MOA and will retain it for inclusion in our records regarding this project. Should.you•haveang questions or require additional assistance, please contact me at (202) 606-8509 or by a-mail at Ijohnson achp.gov. Sincerely, ~~ LaShavio Johnson Historic Preservation Technician Office df Federal Agency Programs ADVISORY COUNCIL ON HISTORIC PRESERVATION 1100 Pennsylvania Avenue NW,Suite 803 • Washington, DC 20004 Phone:202=606-8503,: Fax: 202-606-!1647 • ache®achp.gov:www.achp.gov ~ ( I, y ~~ i ~l 1 ~ r 1 ~ ~ (? • ~~ S ~ ~ mow 56+ ~ ~ ~ ~-e ` f SLO'. ~1~- n S ~~ 1 ry c¢''~ ~ iI!I IW~I Fry _ i I.§ 3w ~ O Iff I O$ gl ~ I sw' F .. I' _ ~ 1.. ,V Z ~ W I ~~n ~ JI =~o o i gA- ,0 111[~rs' 1~ ~3p sesn+e•e i~ p +I I 4-.. 9~. O _ _. 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' Irv IV OI'IQ I ~~ Ala ~e'V~ I-I _~4 d1J[ I Ly ~ \ W '' o~_TJ(~ .. ~ === 'V ~ o /~ X-max EX X A _'~1 ~x-X~ /' \ X~! ;, X r ~ al [ ~ I -`W~ i../ ~ ~ i W:_ oad~ ~ ~.P _ ~ ~, vv... ~~ ~ ~ ~, p _ ~jW ° ~ ~ ~ ~-;~ ~W~ ~ ~f , W ~ N O o V ' r (;} . > ~ •\ ~~_ I A f.IL4L f ~ w W .,. .~. ~ 0' Z+ V I ` `` zry • f0 Y ~ f f' f3 ~ ~ ~~ ~ O ~ f OY 1 ~ • V Y f ' V~ t x 6 d~ .- ~H ~'uz.~ , C Y ' ; I I`, ~ • _ a ~ ~ ~ 39Yw • R . i..' r \.f}/ . a r WOY 11YYey tt 9X _e` f nS k05 ~ f ~ .~ n 5 (' ~ `~~ ~! 3wYr ~~{ 699331` 5 eW r Nr 19YYa i, ~ ~Yn13 f S ~, I swrna ~ rr, ea X 1 V `0 a '' s,~{~ f f 33/ 2Z •- I ~ y30M y Bp ~,lyyJ ~ e I i - ,1- !I ~ ~J ~ ~OOOMjj t ~..._. f ~. ~ I ~ ~ 'O i i I Ly~f `. ~ y ~w~e3N S3wYr ` V - I. • `~3q~ ~3B~~ ` 1 9a199z \ f ` L> 3315,6 C ~ f ®[ f99 'Z9` ` `M1jY` C ILL VI 1 ` _ WBS #: 34442 T/P#: R-2514 B, C, D County: Onslow & Jones CONCURRENCE FORM FOR ASSESSMENT OF EFFECTS Project Description: Widen and Improve US 17 from Belgrade to New Bern On April 27, 2010, representatives of the ® North Carolina Department of Transportation (NCDOT) ® US Army Corps of Engineers (USAGE) ® North Carolina State Historic Preservation Office (HPO) ^ Other Reviewed the subject project and agreed on the effects findings listed within the table on the reverse of this signature page. Signed: !o[U Representative, HPO r Date Q ti 0 O O U Q CJ W a N ci M iE O ~--~ w m F ~ F p O ? ~ ~c! U H G N o w A L U O ,~ ~ W O A ~ ~ O ~ w G w ,~ ~ 'O_ p .O ~ pp A tUV A ~ N ~ Ao ~~ ~ •~ ~ ~ `'' o .~ t. 1. v 'C "G o ~, o ~ ~, _ ~ s o ~ v ~ ~ ~ ~ F~~ ~~ ~ p ' O .~ ~ ~ "p ~i,0 O'~ ~ C O G ~ ~~ U ~ y C °' M U ~ 5~ u `'~ po o v o saw o 3 a~ o ~ w .c 3 G ,p A w .F 'P ~ .p ~ ~ ~" 'b '~ U G~ ~ F F y S o U ~ ~ 'D ' O ~~ ' . . F m''1' ~ O.c N v O c tl J p A •F O'er CC T v T~ pa cp ~ O O ~ O b" ~ b' ~ ~ ~.6 ~ Fp" ;; ~ ~ a ~ o c o ~ a z z~ z z~ z ¢~b ¢0.o z y ~ U N , w q'~f N N N N N Q A y ~ a rt a a a a a a d rn e ' v LL ~ ~ U V U q ~ b 3 R V w v .. V ~ V v V b ~ '~ w o o`w'e o o~ o o~ o~ o z zw~ z zw z zw zw z ~ ~y `q S ^ U ~ N ~ x ~ ~ ~ e A °' ~ LA ~ ,~ ~ ~ A ° m ~ ~' > ~ ~ o ^ ~ W ~ x G o W 7 ~ ~ ~ o q a~ ?? _ S p ~' ~ W ° 5 td P7 ,`~ a v o ~ o • ~ ,., ~W ~ ~W ~ z ~ oW x~ N~ ~E ~ ca aE W d H z d .~ °o h 0 d O a U A U K h N a M 3k U N C F G C y C •~ O ~ Fj G 3 ~ o S. ~ ;~ ~ o o v o pp v ~ ~ m .~ ^ ~ v ~ ;o., y ~ = .5 0 ~ ~ ~ F N F N ~ '~ ~ N V. C F' F N ~ N F 7 ~p :p J7 qq " w O S ~~ z A o rn e a LL ~ V ~ ~ t.~. w d U W z° w z R N ' ~ ~ rn a ~ .° ~ 0 ~, ~ x o w ~ W ~~ a` ~ .. ~ ° 0 w F ~n U Q H z ti v .~ a'' JlIP~ J 91011 STAI(o ~~, Corp-e. t,YiS c'. i5y8 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION BEVERLY EAVES PERDUE GOVERNOR Ms. Marisue Hilliard Forest Supervisor National Forests in North Carolina US Forest Service 160 Zillicoa Street, Suite A Asheville, North Carolina 28801-1082 Dear Ms. Hilliard: January 14, 201 1 EUGENE A. CONTI, JR. SECRETARY This is a follow-up to my previous letter of November 30, 2010 and the December 15, 2010 meeting at the Croatan Ranger District Office regarding the provision of a large animal wildlife crossing on US 17 near Chadwick, project R-2514B. From my discussions with staff, [have learned that last month's meeting was beneficial and certain structure dimensions were tentatively agreed to by the meeting participants. I am providing further information concerning the Department's recommendation regarding the wildlife crossing. As mentioned in your previous letter, in order for the Department to secure the easement deed from the US Forest Service needed to widen US 17, the Department must provide some type of wildlife passage for bears and other wildlife. As you may know, in order to minimize impacts to several homes along' US l7, the widening for the US 17 project is proposed to extend onto US Forest Service property and requires an easement deed from your agency. In accordance with your requirement regarding the easement and the subsequent discussion at the December 15th meeting, the Department is agreeable to providing atwo-span bridge for the wildlife crossing with one condition. The condition is that the Department reserves the right to withdraw this commitment if prior to the start of bridge construction, there is a change or planned change in use on the private property near the bridge that will serve as a deterrent to wildlife movement in the area. The bridge that the Department will provide is [o have a minimum 60 foot wide opening at the base of the bridge and provide for ] 0 feet of vertical clearance. MAILING ADDRESS: NC DEPARTMENT OF TMNSPORTATION STATE HIOMWAY AOA4NISTRATOR 1536 MAIL $EflVICE CENTER RALEIGH NC 27699-1536 TE LEPI x)NE: 919-733-7364 rax: 919a33.942e WEBSITE: WWW.OOH.DOT.STATE.NC. US LOCATION: TRANSPORTATION BUILDING 1 SOUTH WILM:NOTON STREET RALEIGH NC Ms. Marisue Hilliard Page 2 January 14, 2011 We understand at the current time a conservation easement has not been obtained along the private property located at the proposed wildlife crossing that separates Hofmann Forest from US 17 and the Croatan Forest. The additional construction cost to add this bridge is currently estitnated at $ 4.0 million; therefore, I hope you can understand our need to add this condition to our commitment to help ensure the wisest use of our taxpayer dollars should changes be planned or occur in this area. I hope this commitment will be acceptable to your agency. We look forward to further coordination with your agency and other enviromnental agency team members as we seek to obtain concurrence on minimization of impacts along [his project segment and as we advance the design developtnent along this corridor. Please let me know if you have any questions regarding this response or if you would like to discuss further. Sincerely, --'_ ., Terry R. Gibson, P. E. State Highway Administrator TRG/db cc: Jim Trogdon, P. E., Chief Operating Officer Debbie Barbour, P. E., Director of Preconstruction Neil Lassiter, P. E., Division Engineer Art McMillan, P. E., State Highway Design Engineer Greg Thorpe, Ph.D., Manager, Project Development & Environmental Analysis Brian Yamamoto, P. E., Project Planning Engineer James Speer, P. E., Roadway Design Project Engineer ~i'1 y .~ (JjEj/~ United States ~- Department of Forest National Forests in North Carolina Service Supervisor's Oftice 160 ZILLICOA ST STE A ASHEVILLE NG 28801-1082 Mr. Terry R. Gibson, P.E. State Highway Administrator North Cazolina I)ep'arUnent of Transportation 1536 Mail Service Center Raleigh, NC 27699-1536 Deaz•Mr. Gibson: V I /'~ JO'C p~ File Code: 2730 ~R'z5i9- Date: F.ebmiary~rl!8;,2011 Thank you for your letter dated January 14, 201'0, I appreciate you and ; to meet with my staff and other agencies and work "together to reach an passage structure on US 17'near-Chadwick, T;I:P; No. R-2514B. The Fi your condition that the Department reserves the right to withdraw the co the wildlife crossing ifprioi• to he start of bridge construction, there is a change in use of4he privtite property neaz the!6ridge that will serve as a ~ movement in the area. :Received fEB 2 5 1011 State MfghWpy Ad--llnfsfrator's p/fiCe on a wildlife ce accepts 'to building wildlife In addition; we will continue to be supportive of and work with other agencies in the pursuit of a conservation easement along the private property where the wildlife passage is to be located. We look forward to working with your agency and the other-merger team members in reaching concurrence on minimization of impacts along this segment of the project; Sincerely, SUE HILLIARD Forest Supervisor cc: Lee Thornhill, Croatan District Ranger Gary Jordon, US Fish and Wildlife Service Travis Wilson, NC Wildlife Resources Commission Caring for the Land and:Serviog People ~' y9~ LgC1.~1€lid$~ MAf? 0 ?_ 2011 _,IiENiVETT ~ STEPhiEN50N . t;UAlFORD - SYICES rrE~ir ; _inyffliNG ... . - 'iI",Ut'n'9 .. .: y i ~ .u.. .. VVT.I,L:) tx;,:;:';r-re:~~i~nm;t Prinlea m Req[1e0 Paper m~ STATE OP fiCR'Pt-t Cl':t;C~iV\:=. _ ~I~4 E UntOC~~)•>;-. •: /E'~':~.%'I'~":' F.u9J EC: ~~_"~ YRGJ °_C'i Dc.?ARTi/i icheT v TRP.NE.F'QI@T.4.=. t~k`~e (' . ..'h.c. .'Y7p/~/ lic E:' ~7"C tVE`d COUP!TY Divlslor, o;= HIG:-rat:: (s HIGHWAY 3U!LDING ~,~ •„ (-~iGs:f; ~;~ /2 J,~j --•.3(~a ~Or7 .,. ~.;' f'REt'AR__ ,: r - JATc a':.'.TlON r'. O. L90X 28201 R(i'/1.9' •.DDY ,:~•'~•'~'-'~ DATE8~3 2PtI5TR NO_ SKEET ~ Os ~ RALEIGH. NORTH CAROLINA 7769! ' ~ ~ j i j 'J. __'9 :' , - I ...J __ I ti r ~~ II F I` ~-~ 4 _._ .;,..~. ~! ~:''t: ~ n~.. ;,., I,~ ~:..; ~~~ ' !~ `~~Y rlp -- ~ -~=.~ ~! ,. i SLof~T4 f~' SD.O ~ US 17 SECTION 404 / NEPA MERGER PROCESS CONCURRENCE AGREEMF,NT CONCURRENCE POINT 4A : AVOIDANCE & MINIMIZATION NORTII OF MAYSVILLE TO SOUTH OF POLLOCKSVILLE (SECTION C ) US 17, NCDOT Divisions 2 & 3, Onslow & Jones Counties TIP Project No. R-2514BCD TIP Description : The North Carolina Department of Transportation proposes a combination of widening, bypasses of Belgrade, Maysville, and Pollocksville on new location, and other improvements to the existing US 17 roadway from mul[ilanes north of Jacksonville (R-2514A) [o mul[ilanes south of New Bern (R-2401, the New Bem Bypass) to create afour-lane divided facility. Avoidance & Minimization : Thejurisdictional impacts for Section C have been avoided and minimized to the maximum extent practicable based on preliminary design plans dated July 6, 2011 that were presented during the August 18, 201 I CP4A Concurrence Meeting by utilizing vertical adjustments, 3-to-I slopes in wetlands, and locating service roads and turnarounds in non jurisdictional areas. We will review the location of the turnaround in the vicinity of Wetland 93 and will continue discussions at the CP4B Hydraulic Design Review Meeting. The impacts presented during this meeting were based upon final surveys, which generated a refinement in the vertical alignment and the construction footprint. The impact footprint includes the slope stake lines plus 25 feet. The relocations and impacts to the Community of Chadwick have been minimized by widening on the east side of US 17. Although widening on the east side generated additional impacts to the Croatan National Forest and the J. Nathan Foscue Farm, it generated approximately 80% fewer relocations than widening on the west side. NCDOT will construct a Wildlife Underpass on US 17 between Maysville and Chadwick, which will provide a physical connection and accommodate [he natural movements of black bear and other large and medium-sized mammals between the Hofmann Forest and [he Croatan National Forest. Biologists and wildlife experts believe that this location is critical to the long-term health of the black bear population in the central Coastal Plain. The underpass should decrease vehicle-animal collisions and improve traffic safety for the public. NCDOT and the stakeholders met and determined that dual bridges with a span length of l20 feet would be constructed with a 60-foot minimum bottom width and a minimum vertical clearance of l0 feet. The Merger Process Team met on August 18, 2011 anil concurs with the avoidance;aiid minimization measures for the proposed improvements'to~Section'C~.of4liis project. / / USACE y" fl 11 `6 ( US_FWS ~' ~ Zo+~ T Ste(kns Date ~ ~ Gnry 1 ~ rdan Date Christopher Militscher Dnie NOAA Ron Sechler ~ ~.rD-te -~ NCWRC~--~---~~'4/ tS-/~-2att Travis Wilson Dalc NCDMF ~8Y E-MA~G I 8/$1 f2oU Jessi Beker ---/// Date Mork Pierce, P.E. Date ~NCpWQ D~~nliic d/ NC;DCNI SCUD=Z~~`` ~" ~/~ t//i Sieve Sollod 1 ,~ I' CC,, /IDatc NCDCR ,~1_~C.K~. 9"6" ~ I Renee Gledhill-Enrley D lc Pierce, Mark S From: Baker, Jessi E Sent: Wednesday, August 31, 2011 10:25 AM To: Pierce, Mark S Subject: RE: R-25140: 8!18/2011 CP4A Mtg Follow Up Flag: Follow up Flag Status: Flagged DMF concurs with the R-25140 CP4A agreement. Jessi Baker From: Pierce, Mark S Sent: Thursday, August 25, 2011 10:30 AM To: Baker, Jessi E; Gledhill-Barley, Renee; Sechler, Ron Cc: Compton, Karen; Jordan, Gary; Mllltscher.Chris@epamall.epa.gov; Sollod, Steve; Thomas A. Steffens (Thomas.A.Steffens@usace.army,mil); Wainwright, David; Rob Will <rwlll@ecmg.org>; Wilson, Travis W. Subject: R-25140:8/18/2011 CP4A Mtg Jessi, Renee, and Ron, The Merger Process Team conducted an Avoidance & Minimization Meeting for Section C (Alternate 3: Widen Existing US 17 from north of Maysville to south of Pollocksville) on 8/18/2011. The Team reached concurrence during the meeting. Karen Compton was in attendance and will be sending me a letter regarding the meeting. I have attached a copy of the Agreement for your reference. « File: R-25140-CP4A-Agreement-8-18-2011.pdf» Please let me know whether you want me to represent the meeting for your consideration, or whether you abstain, concur, or do not concur with the avoidance and minimization measures for Section C. I appreciate your time and look forward to your response. Thanks, Mark Mark Pierce, P.E. Project Planning Engineer N000T -Eastern Project Development Unit 1548 Mail Service Center Raleigh, NC 27699-1548 (919) 707-6035 liinail curtespmrl:eso to '+n+i from ihis sender is s+Nlerl to the N!::. f~d;llc. ftecenfs Law oria ii.ay ua CscLSeA 6; U;utl prn lira. C U. W VI ti T 3 q ~I i i