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Home My WebLink About20011102 Ver 1_SELC Comments on Draft EIS_20111014 i-/// � . DEPARTMENT OF THE ARMY �� \�� WILMINGTON DISTRICT CORPS OF ENGINEERS Gr�.., `�` ,,� � � � WasMngton Regulatory Field Office N � e � Post Office Box 1000 ��s�`��',P �, IN REPLY REFER TO Washmgton North Carolina 27889 1000 �s�.��JFF�� >> December 2 2011 ��T�e '�,�, Regulatory Division Sub�ect Action ID 1993-02466 Dr Gregory J Thorpe,Ph D Env�ronmental Management Director,PDEA North Carolma Department of Transportatron 1548 Mail Service Center Raleigh North Carolma 27699-1548 Dear Dr Thorpe Please reference your September 26, 2011, correspondence requestmg our review and comments concemuig the Federal Draft Envu�onmental Impact Statement (DEIS)for the Havelock Bypass TIP No R-1015 Craven County North Carolma In response to your request we have the followulg comments 1 Junsdictional wetlands withm the three alternahves under review for tlus pro�ect were � venfied by the US Army Corps of Engmeers (Corps) The most recent�unsdictional determmation(JD)was venfied May 10, 2006 and has since exp�red on May 10, 2011 The Corps acknowledges NCDOTs request of March 29 2011 for re venfication of the�urisdictional wetlands wrthtn the three alternatives Followuig the May 10 2006 date, regulatory guidance has changed and the level of requu�ed documentation for deternuning�urisdichonal areas has mcreased sigiuficantly To assist NCDOT in avoidmg unnecessary expenditures associated wrth provid�ng the � documentation to re-venfy all three alternatives the Corps will provide a preliminary JD based ' on the May 10 2006 venfication After the selection of the Least Environmentally Damagmg Alternative (LEDPA) the Corps will request a complete JD package for the alternative selected and provide a final JD venfication 2 Section 4 4 1 of the DEIS addresses NCDOT usmg the Croatan Wetland Mrtigation Bank (CWMB)as riutigation for unavoidable unpacts to wetlands As of September 30, 2009,the CWMB has been successfully added to the NCDOT Statewide Umbrella Wetland and Stream 1Vl�ngation Bank The descnption of ava.ilable credits for nveruie and non-nveruie wetland �npacts outlmed on pages 4 99 to 4 10 refer to the Apn12002 CWMB Mrtigation Plan The Final Env�ronmental Impact Statement(FEIS) should reflect updated mingation credit availabihty from this srte if NCDOT proposes to use rt 3 The DEIS provides no proposal for rrutigation of potential stream nnpacts associated wrth the pro�ect A complete wetland and stream rrutigation proposal should be mcluded m the FEIS 4 Section 4 1 8 2 3 1 "Streams'narrative and Table 4 6 discuss the proposed structures to be used m dramage crossings Proposed bndge lengths noted m Table 4 6 Alternative 3 over the Southwest Prong and East Prongs of Slocum Creek are m d�rect conflict wrth the lengths agreed upon in the Concurrence Pomt 4B meeting held June 20, 2002 (Appendix B) The DEIS states that the bndge lengths are `prelunmary and are sigruficantly different(25' longer and 150' shorter respechvely)from the CP 4B meetmg The DEIS suggests that new information is available that affects bndge lengths and hydraulic decisions and may require a field visrt pnor to the CP 3 meetmg Should Alternative 3 be re- affirmed as the LEDPA, then a return to CP 4A and 4B would be necessary Tlus conflict needs to be resolved and the Corps recommends that NCDOT clanfy its expectations to the Merger Team pnor to and following the re affirmation of the LEDPA 5 The DEIS states that all three alternatives would impact large portions of the Croatan Nanonal Forest and potentially the foragmg and habrtat areas of the Red-cockaded Woodpecker (RCV� Section 3 5 4 3 and Section 4 1 9 3 "Protected Species"discusses Federally Protected and Listed Species associated wrth the Endangered Species Act and m Table 4 8lists fourteen protected species that occur m Craven and Carteret Counties Biological Conclusions for .- potential effects on the listed species are provided with 13 of 14 bemg erther Not Required,No Effect, or Not lilcely to Adversely Affect Unresolved issues remain ui determimng the level of impact the pro�ect alternatives will have on the forag�ng and habitat areas of the RCW and the necessary achons to rrutigate for those impacts The Corps defers to the expertise of the USFWS, USFS and NCWRC on these matters and recommends that NCDOT and FHWA address the unresolved issues pnor to pubhcation of the FEIS The Corps appreciates the opportuiuty to provide comment on tlus DEIS If you have any questions regardmg our comments please contact me at the Waslungton Regulatory Field Office, telephone (910) 251-4615 ' Smcerely, � � ; $ Tom e s Re atory Pro�ect Manager 2 Cc Mr Chris Nlilitscher USEPA-Region 4 U S Environmental Protection Agency C/O FHWA,Raleigh Office 310 New Bern Avenue, Room 206 Raleigh,North Carolma 27601 John Sulhvan FHWA 310 New Bern Avenue Suite 410 Raleigh North Carolina 27601 Clarence Coleman FHWA 310 New Bern Avenue, Surte 410 Raleigh North Carolma 27601 Ron Sechler National Maruie Fishenes Service 101 Pivers Island Beaufort North Carolma 28516 Gary Jordan U S Fish and Wildhfe Service Fish and Wildhfe Enhancement Post Office Box 33726 Raleigh,North Carolma 27636-3726 David Wainwnght NCDWQ, DWQ 2321 Crabtree Boulevard Surte 250 Raleigh,North Carolma 27604 Travis Wilson Eastern Region Highway Pro�ect Coord�nator Habitat Conservation Program 1142 I 85 Service Road Creedmoor North Carolma 27522 3 Renee Gledlull-Earley North Carolula Sta.te Historic Preservahon Office 4716 Mail Service Center Raleigh North Carolma 27699-4617 Steve Sollod Division of Coastal Management North Carolma Departinent of Env�ronment And Natural Resources 400 Commerce Avenue Morehead Crty,North Carolma 28557 , " r � 4