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HomeMy WebLinkAbout20161268_Alternatives Report_20111215LEAST ENVIRONMENTALLY DAMAGING PRACTICABLE ALTERNATIVE PROPOSED SR 1 409 (MILITARY CUTOFF ROAD) EXTENSION AND PROPOSED US 1 7 HAMPSTEAD BYPASS NEW HANOVER AND PENDER COUNTIES STATE PROJECT 401 91 1 2 NCDOT TIP PROJECTS U 4751 AND R 3300 CORPS ACTION ID 2007 1 386 4�X DECEMBER 15, 201 1 AT 1 0 00 A M NORTH CAROLINA DEPARTMENT OF TRANSPORTATION STRUCTURES CONFERENCE ROOM, NCDOT CENTURY CENTER BUILDING A 1 000 BIRCH RIDGE DRIVE, RALEIGH, NC 2761 0 Prepared By Mulkey Engineers and Consultants 6750 Tryon Road Cary NC 27518 919 851 1912 TABLE OF CONTENTS Meeting Agenda 10 Introduction and Project Description 1 1 Purpose of Toda3 s Meeting 12 Project Description 13 Purpose of the Proposed Action 14 Project Status 20 Detailed Study Alternatives 21 Hampstead 135 pass Altelnati-, es 21 1 Alternate-, e E H 2 1 2 Alternati-, e 0 2 1 3 Alterniti-, e R 2 1 4 AlteinatiN e U 22 Mihtar3 Cutoff Road Extension Alteinau-, es 2 2 1 AlteinatiN e M1 222 Alternati-, e M2 30 Hydraulic Recommendations 40 Corridor Public Hearings & Agency Comments on the DEIS 41 Public Hearings 42 Agenc3 Comments on the DEIS 50 Environmental Evaluation 51 Streams Ponds and Wetlands 52 Historic Architectural Resources 53 Gamelands and Preservation Areas 54 Federa113 Protected Species Appendix A — Figures Appendix B — Reference Tables from the DEIS Appendix C — Agenc) Comments on the Draft Environmental Impact Statement 1 u 1 1 1 1 1 2 2 2 2 3 3 4 4 5 41 �0 6 6 7 7 7 8 8 10 INTRODUCTION AND PROJECT DESCRIPTION 11 Purpose of Today's Meeting The purpose of todly s meeting is to reN iew the project status and discuss items related to the selection of the Least Lnvironmenvill) Damaging Piacticable Alteinate e (LEDPA) (Concuiience Point 3) 12 Project Description State 1 ransportation Impro-N ement Program (S 1 IP) projects U 4751 and R 3300 111N oh e the construction of Militar) Cutoff Road Extension4n New Hanoi er Count) and the US 17 Hampstead B) pass in New Hano-, er and Pender Counties iespecti,% ely i hese projects are included in the 2012 2018 STtP For pioject U 4751 the North Caiohna Depaitinent of 1 ransportation (NCDO 1) proposes to extend Mihtai) Cutoff Road as a six lane di-, ided roadwa) on new location fiom its current terminus at US 17 (Market Street) in Wilmington north to an interchange with the US 17 Wilmington Bypass Qohn ]a) Burnes Jr Freewa)) Limited and full control of access is proposed For project R 3300 NCDO 1 proposes to construct the US 17 Hampstead Bypass as a freewa) on new location The US 17 Hampstead Bypass may connect to the proposed Military Cutoff Road Extension at the existing US 17 Wilmington Bypass and extend to existing US 17 north of Hampstead Full control of access is proposed for the US 17 Hampstead Bypass The project area is shown in Figure 1 in Appendix A Project U 4751 is programmed for iight of way acquisition in State Fiscal Year (hY) 2014 with construction in FY 2017 Project R 3300 is programmed for right of way acquisition in 2017 Construction of R 3300 is not currently funded Current anticipated costs -, ary by alternative and range from $356 2 million to $404 8 million 13 Purpose of the Proposed Action The purpose of the US 17 Corridor Study project is to impro-, e the traffic carrying capacity and ' safety of the US 17 and Market Street corridor in the project area 14 Project Status ' 1 he Section 404 /NEPA Merger Team for the US 17 Corridor Stud) agieed on the purpose of and need for the project at their September 21 2006 meeting ' The NEPA /Section 404 Merger 1 earn reviewed project alternate es at three meetings between February 2007 and August 2007 During these meetings the merger team dropped alternatives ' from further consideration added alternate es for eN aluation and combined some alternatives 1 he merger team concurred on alternati-, es to be studied iii detail at their August 23 2007 meeting The current detailed study alternate es are reviewed in Section 2 0 �1 Count} /Penden County line The alternate-, e continues north through predominantly undo eloped ' land to a proposed interchange 1t NC 210 From its interchange at NC 210 Alternative O extends northeast across seN eral minor roads that ' include hghtl� dex eloped residential areas and through unde-, eloped forested areas It continues through farmland crosses Hoo-, er Road north of South I opsail Elementary School and continues northeast through undo-, eloped pioperty to a proposed interchange with realigned US 17 approximately 0 7 mile west of GlandN iew Dre e Alteranatn e O continues north behind the Topsail School complex and then twins east to tie into existing US 17 near Leeward Lane Alternate e O continues north on existing US 17 to Sloop Point Loop Road 2 1 3 ALTERNATIVE R Alternate-, e R begins in New Hanoi er County at an interchange with the US 17 Wilmington B) pass approximately midway between I 40 and Market Street Alternati-, e R extends northeast from the bypass across undeN eloped land and crosses Sidbury Road at the New Hanover Countl /Pender Count} line The alternate-, e continues north through predominantly under eloped land to an interchange at NC 210 From its interchange at NC 210 Alternati-, e R crosses Hoo-\ er Road north of South Topsail Elementary School and continues northeast through undeveloped propert} to a proposed interchange with realigned US 17 approxinatel) 0 7 mile west of Grandview Drive Alternati-\ e R continues north belund the Topsail School complex and then turns east to tie into existing US 17 near Leeward Lane Alternates e R continues north on existing US 17 to Sloop Point Loop Road Typical Sections Alternatives E H, O and R From the proposed inteic ban ge at the US 77 Vilmal�gton Bypals to the propo ed intercbange at NC 210 Six 12 foot lanes (three in each direction) with 14 foot outside shoulders (12 foot paved) A 46 foot median is proposed From thepropoled ailtei change atNC 270 to etiastzng US 17 Your 12 foot lanes (two in each direction) with 14 foot outside shoulders (12 foot paved) A 46 foot median is proposed Access and Right of Way Alternatives E H, O and R Full control of access is proposed for Hampstead Bypass For Alternati-, es E H O and R access is proposed at interchanges with the US 17 Wilmington Bypass NC 210 and existing US 17 approximately 0 7 mule west of Grand-, new Drive Interchange locations are shown on Figure 9 A total right of way ivedth of 200 feet to 350 feet is proposed for Hampstead Bypass Alternate-, es E H O and R 2 1 4 ALTERNATIVE U Alternate e U begins in New Hanoi er County at a proposed interchange with the US 17 Wilmington Bypass The interchange location will vary depending on the selected preferred Military Cutoff Road Extension alternate e (M1 or M2) Alternative U follows the Wilmington Bypass through the existing interchange at Market Street 1 he alternate e runs along existing US 17 to a proposed interchange with realigned Sidbury Road Alternate e U continues north on 2 2 2 ALTERNATIVE M2 Alteinati-, e 1\42 begins at a proposed mteichange at Military Cutoff Ro-id and Market Street Alteinati-, e M2 follows the Alternati-, e 1\41 ahgnment foi approximately two miles AlteinatiN e M2 then turns northeast and extends through mostly unde-, eloped pioperty to a proposed interchange with the US 17 Wilmington Byp iss appioximatel} one mile west of Market Street Typical Sections Alternatives M1 and M2 From thepiopofed znteicban,ge at 117aiket Street to appiommately 0 9 mile nwb of Tonblvood Bonkmid Six lanes (three in each direction) Nx ith a 30 foot median and curb and gutter rwo 12 foot inside lanes and one 14 foot outside lane (to accommodate bicycles) with two foot curb and gutter and a ten foot berm are proposed in each direction Flom appio -,zmately 0 9 mile noitb o/ fonbnvood Bonlewrd to the plopo +ed intenbange at the US 17 Illilmngton Byparr Six 12 foot lanes (three iii each direction) with 14 foot outside shoulders (12 foot pa-, ed) A 46 foot median is proposed The Wilmington Metiopohtan Planning Orgam7ation (MPO) has requested a multi use path be constructed along proposed Miht iry Cutoff Road Extension The multi use path would tie into an existing multi use path along Mihtan Cutoff Road 1 he construction of a multi use path as part of the proposed project will be dependent upon a cost sharing and maintenance agreement between the NCDOT and the Wilmington MPO The NCDOT will continue to coordinate with the Wilmiington MPO on the inclusion of the multi use path along Military Cutoff Road Extension Access and Right of Way Alternatives M1 and M2 Military Cutoff Road Extension is proposed as a full/united control of access facihty Access to Military Cutoff Road Extension is proposed at interchanges at Market Street and Military Cutoff Road and the US 17 Wilmington Bypass Additional access along Mihtar} Cutoff Road Extension is proposed at directional crosso-, ers with Putnam DriN e Lendire Road and Torchwood Boule-, and Only right turns will be permitted onto Military Cutoff Road Extension from these roads U turn lanes will be provided to accommodate left turns A -, ariable right of way width of 150 feet to 350 feet is proposed for Military Cutoff Road Extension 30 HYDRAULIC RECOMMENDATIONS Table 2 5 from the DEIS in Appendix B lists the proposed major hydraulic structures for the ' current detailed study alternatiN es The NEPA /Section 404 merger team concuired on the size and location of the structures on Mai 26 and 27 2010 1 he locations of the structures aie shown on DEIS Figure 10A in Appendix A 50 ENVIRONMENTAL EVALUATION DIMS Figuies 10A through 1 OK in Appendix A show en-, uonmental features in the project arc i A sumtnarj of potential en-, ironmental impacts is pro-, ided in 1 able 5 on page 10 Details of impacts to jurisdictional resources historic architectural resources gameland 'Ind preset-\ 'ttion ,ireas and federallj protected species ate described below 51 Streams, Ponds and Wetlands Water resources ti the stud) area ire piit of the Cape Fear RiN et basin (U S Geological Sur\ e) JUSGS] H) drologic Units 03030007 Ind 03020302) A total of 59 jurisdictional streams 17 ponds and 108 jurisdictional wetlands are located within the current detailed stud) alternate-\ es stud) corridors Impacts to Waters of the U S would occur at -\ arious locations throughout the length of the project at stream crossings wetland are is and ponds Anticipated mnpacts by type of stream are piesented for the detailed stud) alternatiN es in 1 able 1 Total stream wetland and pond impacts for each alternati-\ e are shown m "I able 5 on page 10 Anticipated impacts for each stream pond and wetland are presented for the detailed study alternatives in DEIS 1 ables 4 11 4 13 and 4 15 located in Appendix B Table 1 Total Stream Impacts Delineated Stream Impacts (linear feet) Alternative M1 +EH M2 +0 M1 +R M1 +U M2 +U Perennial 17 987 11 486 18 634 11 755 7 687 Intermittent 3 487 1 346 2 553 997 486 Other 1 3 057 1 010 3 384 2 698 613 Total 1 24,531 13,842 24,571 15,450 8,786 Tnbutar) waters determined to be )unsdictional b-ised on the presence of an ordinary lugh x -, ater marl. (Ol- WNl These waters are classified as Waters of the US (impacts calculated in sq ft) and will not require compensator} mitigation 52 Historic Architectural Resources There is one property xxithin the Area of Potential Effect listed on the National Register of Historic Places and four properties eligible for listing The potential effect of the proposed project on historic architectural resouices is summarized by alternate-, e in 1 able 2 The State Hsstoiic Presern ation Office concurred with these effect determinations at a meeting held on March 8 2011 AN oidance measures have been incorporated into the design at Poplar GroN e Mount Ararat AME Church Wesleyan Chapel United Methodist Church and Scotts Hill Rosenwald School A re-, new of the effects deternunation will be requested from the State Historic Piesen ation Office fable 4 Federall} Protected Species Effects Scientific Name Common Name Federal Status County Biological Conclusion Alternatives �Ilagalor MIJUMPPienus American alh atot 1(S /A) New HanoN et Pendel Not Requited Chelonra >rtyda, Green sea turtle T New I I1no-, et Pender No Effect Caretla ca�etta Loggerhead sea turtle T New I- Ianovet Pender No Effect Cha)adnur melodu, Piping ploy et I New Hano -, er Pender No Effect Puoido boieabi Red cockaded wood eckei E New Hano-, et Pender Ma} Affect Like1} to Ad-, ersel Affect E 1-I O R U Aupen,er broworlrum Shortnose sturgeon E Ne,,x HanoN er Pendel No Effect Tiubedwi manalus West Indian manatee E New Hano-\ er Pender No Effect Schwalbea ameranana American chaffseed* E Pender No Effect Tbahamm cooleyz Cooley s meadowrue E New HanoN et Pender Ma} Affect Likely to AdN ersel Affect O R Ca�el lutea Golden sedge E New Hanover ** Pender Ma} Affect Likel} to Ad -, ersel Affect O R Lyfimachia a, erulaefoha Rough lea-\ ed loosestrife E New HanoN et Pender Ma} Affect Likel} to Advetsel Affect E H O R U M1 M2 Amaranthin Seabeach T New Hano-, er No Effect 11 pumdu.r amaranth Pender E — Endangered T — Threatened T(S/ -1) Threatened due to Similant} of Appearance ' Historic record (the species was last obser-, ed in the county more than 50 ) ears ago) '" Listed as Probable /Potential ' Protected species sun eys will be updated in the spring of 2012 The USFWS has indicated the biological conclusion for golden sedge remains to be determined If additional and appropriately tuned sun e} s do not re-, eal any specimens of golden sedge the USFWS has noted they would ' concur with a "no effect" conclusion for this species NCDOT will continue to coordinate with the US Fish and Wildlife Sen ice on red cockaded woodpecker Coole} s meadowrue golden sedge and rough lea-, ed loosestrife A handout of the location of known occurrences of Cooley s ' meadowrue and rough lea-, ed loosestrife will be made a-, ailable at the meeting Appendix A Figures Qc 9,6.",g 13361 IN Figure 1 PROJECT VICINITY US 17 Corridor Study NCDOT TIP Nos. U-4751 and R-3300 New Hanover and Pender Counties i 7 0 North Carolina Department of Transportation Holly Shelter Gamelan& olly Shelter C—elands \40 _0 STUDY CORRIDORS Srdbury ac O ac 0 0.5 1 2 3 4 Miles k witr,a 15 Maps -?"P E N'° E R no 3 + C-- Alk- 53 11 s 64 Helena 1 '.G K,11y Rck, N.1 —f .)d 4 u rne 11 i 210 3 210 4 k, i 50 e'4 4 10 4 *5 PROJECT VICINITY ,C ISLAND 87 Lasnlirtu B—A + Carchn a Beach ft,�AlUkk Puy ?SLIND Qc 9,6.",g 13361 IN Figure 1 PROJECT VICINITY US 17 Corridor Study NCDOT TIP Nos. 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X_ O ` o (D W Ln s `< O O X A a a m W OZ 0 v Q X 3 O o 0 O �a_ C T N O CL D O � N CD v Q O .� C N v (Q O v n O S d d � cn O_ (a O O` C� CD v Q N T O CCD V CD CD r-« O O L<. 3 a� CD `G O CD Z O O 44 O n O O O_ co O C CD Q C d 0 D (Jt O N (J7 O -o O O N m v X G� 2 O D c 0 a O Appendix B Reference Tables from the DEIS I -ible 2 5 Proposed H) diauhc Structures Site Stream ID Wetland Corridor Existing Recommended No i ID Alternative Structure Stricture • at 1\71 1 @12 x8 Retain and Extend 1 ZSB Ewr • -it M2 RCBC Existing Culp ert U at M1 2 KWD 1 @9 x8 RCBC U at M2 3 BSP BWI M1 M2 2 @7 x12 RCBC 4 DWC M2 1 @9 x8 RCBC 5 GWA O R 3 @12 x7 RCBC Dual 100 Long 6 ISA ISB IWN O R Bridges 7 ISD IWF O R 3@11 x8 RCBC LSC LSCC 8 LA/D E H O R 3 @48 CMP 2 @6 x5 RCBC4 LSCF 10 CSA FSA E H O R U 1 @72 RCP5 Retain existing and at M1 add two 1@ 72 RCPT 11 I SI E H R 1 @12 x9 RCBC HBSF Dual 230 Long 15 HBSH HBWK E H Bridges Dual 200 Long 16 HBSD(2) HBWD E H Bridges 17 HSX HWB E H 3 @10 0 RCBC 21 FSA FAT E H R 2 @11 x9 RCBC 22 FSE FWC E H R 2 @12 x7 RCBC 23 LSD LWI E H O R 2(a-)9 x7 RCBC 25 HBSC HBWF E H 1 @9 x8 RCBC Site numbers correspond to the project s Prehminar} Hi drauhc Stud) s site numbers Some prehrmnar5 h} drauhc sites were 1, oided during design and are therefore not included in the table 2 Reinforced concrete box cul-, ert 3 Corruglted metal pipe 4 Preliminan design also includes dual 135 foot long bridges to maint'iin neighborhood access Reinforced concrete pipe G Retain existing 72 RCP pipe under Wilmington B� pass and add 72 RCP at two interchange ramps Supplementation of existing 72 pipe or enlarging of proposed ramp pipes will be inN estigated during final design NEW Table 4 11 Indi-, idunl Stream Impacts continued Stream Figure Corridor Stream Compensatory Stream ID Stream Name No Alternative Impact Mitigation Determination (feet)* Required CSK U f to Island Creek 10D L H R U1 39956 Yes Perennial M1 035929 DSA UT to Island Creek 10 C O U2 M2 M2 U2 Yes Perennial 44432 ESA U I to Mill Creek 10 G U1 U2 84871 Yes Perennial ESB UT to Mill Creek 10 G U1 U2 13043 Yes Perennial E H R 213171 1 SA U1 to Island Creek 10D r I-I OR 01603 Yes Perennial U1 1\71 M1 U1 52014 05286 FSC UT to Island Creek 10 D O U1 U2 U1 U2 Yes Intermittent M1 M2 M1 M2 3742 FSE UT to Island Creek 10D E H R 331 14 Yes Perennial FSh UT to Island Creek 10 F R 28951 OH \ \TN41 No No OH \ \Wl No FSH UT to Island Creek 10D E H 49465 Yes Intermttent Yes Perennial EH FSI UT to Island Creek 10D E H R 273 54 R I es Perennial 26668 FS UT to Island Creek 10D E H R 85861 Yes Intermittent FSK U 1 to Island Creek 10 F R 8102 Yes Intermittent GFSE UT to Island Creek 10 L O 30199 Yes Perennial GSA UT to Island Creek 10 F O R 41782 Yes Perennial GSG UT to Island Creek O 19025 Yes Intermittent 10 F Yes Intermittent HBSAA U1 to Island Creek 10 F E H 14144 Yes Peienmal Yes Intermittent HBSC U1 to Island Creek 10 F E H 36856 Yes Perennial Yes Intermittent HBSD(1) UT to Island Creek 10 F E H 26934 Yes Perennial HBSH UT to Island Creek 10 F E H 31990 Yes Intermittent Table 4 11 Indio idual Stream Impacts continued Stream Figure Corridor Stream Compensatory Stream ID Stream Name No Alternative Impact Mitigation Determination (feet)* Required 7SI UT to Prince 10 D E H R 4023 Yes Peiemuwil Geoi e Cieek Impacts are for all altern -itiN es unless otherwise noted Inch-, idual impacts calculated for Nhhvii� Cutoff Road Extension Alternati,, es \I1 and \I2 utilize the corresponding Hampstead B)Tpass 1lteinatn e U interch inge configuration Resource determined b) US \CE to be i jurisdictional tributar) based on the presence of an oidmar} high water mark (OHWN\ during field,, erificltion 2 Tribuvir} feature exists within the boundaries of an adjacent wetland and theiefore does not require mitigation independent of the wetland 31 ributar- featuie does not requite stream iiitigation but ma} require mitigation b) the USACE is a Water of the US dependent upon the tN pe of impact proposed -it the time of permit application I \tlannc Intracoastal Waterwl� 5 U1 is Hampstead Bj pass llternatn e U starting at an interchange with US 17 Wilmington B3 pass at \hhvir} Cutoff Road Extension Alternate, e \I1 U2 is Hampstead B� pass -klternatt\ e U starting at an interchange,,a ith ' US 17 Wilinington Bj pass at '\hhtar} Cutoff Road Extension 3lternati-, e 1\I2 � : J pit I= Table 2 5 Proposed H) diaulic Stiuctutes Site Stream ID Wetland Corridor Existing Recommended No i ID Alternative Structure Stricture 1 ZSB I1 \ \Jl U at M1 1 @12 x8 Retain and Lxtend U it M2 RCBC Existing Cul-, ert U at M1 2 K \VD 1 @9 a8 RCBC U at MZ 3 BSP BWI M1 M2 2 @7 x12 RCBC 4 DWC M2 1 @918 RCBC 5 GWA O R 3 @12 x7 RCBC 6 ISA ISB IWN O R Dual 100 Long Biid es 7 ISD IWl~ O R 3 @1118 RCBC LSC LSCC 8 LWD E H O R 3 @48 CMP 2 @6 x5 RCBC4 L scl 10 CSA FSA E H O R U 1 @72 RCP5 Retain existing and at M1 add two 1@ 72 RCPT 11 FSI E H R 1 @1219 RCBC 15 HBSF HB \ \�Ii E H Dual 230 Lon g HBSH Bridges 16 HBSD(2) HB \UD E H Dual 200 Long Brtd es 17 HSX H \wB E H 3 @10 x9 RCBC 21 FSA F\VB E H R 2 @11 x9 RCBC 22 FSE FWC E H R 2 @12 x7 RCBC 23 LSD LWI EH O R 2 @9 x7 RCBC 25 HBSC HB \VF E H 1 @9 x8 RCB�C�—J ' Site numbers correspond to the project s Prehminais H) drauhc Studs s site numbers Some prehmtnar) h5 drauhc sites were a,, oided during design and are therefore not included in the table 2 Reinforced concrete box culvert 3 Corrugated metal pipe + Prehmmar} design also includes dual 135 foot long bridges to maintain neighborhood access Reinforced concrete pipe Retain existmg 72 RCP pipe under Wilmington B) pass and add 72 RCP at two interchange ramps Supplementation of existing 72 pipe or enlarging of proposed ramp pipes will be investigated during final design PON Table 4 11 IndiN idual Stream Impacts Im Stream Compensatory Stream Stream Name Figure Corridor Impact Mitigation Stream ID No Alternative (feet)* Required Determination BSA UT to Smith Creek 10 C 1\11 M2 29471 1 es Perennial BSJ UT to Smith Creek 10 C 1\41 M2 153 12 Yes Perennial BSK U T to Smith Creek 10 C M1 M2 60943 Yes Perennial BSL U T to Smith Creek 10 C M1 M2 28765 1 es Perennial BSM UT to Smith Creek 10 C M1 M2 73216 1 es Perennial BSN U T to Smith Creek 10 C M1 M2 97020 Yes Perennial M1 BSO UT to Smith Creek 10 C 1\11 M2 2 3�2I9 25 Yes Perennial 2 321 95 BSP U r to Smmth Creek 10C 1\11 M2 1\41 398 21 1 es Perennial M2 328 11 BSQ UT to Smith Creek 10 C M1 M2 M1 83 23 Yes Perennial M2 82 13 No' BDITCHI UT to Howe Creek 10 C M1 M2 61325 OH\VM1 No EH R 1 949 14 CSA UT to Island Creek 10 D EH R U1 Yes Perennial 2 079 61 M1 2 079 15 EHR CSB U1 to Island Creek 10C E H R U1 25770 Yes Perennial 10D M1 M1 U1 27064 CSC U T to Srrrith Creek 10 D M1 94308 Noe OH \UI`7' 10 C Yes Inter mittent CSD UT to Smith Creek 10 D M1 90239 Yes Perennial U1 to Smith Creek 10C M1 23916 No OHWM' UT to Srnith Creek 10C M1 28066 Yes Intermittent UT to Smith Creek 10 C M1 23000 Yes Intermittent rSH UT to Smith Cree k 10 C M1 231 87 Yes Perennial EH R UT to Island Creek 10 D E H R U1 1 289 61 Yes Perennial M1 U1 M1 93220 Im I able 4 11 Indi-, idu11 Stream Impacts conliniied Stream Figure Corridor Stream Compensatory Stream ID Stream Name No Alternatives Impact Mitigation Determination (feet)* Required E HER U1 CSK UT to Island Creek 10D 39956 Yes Perennial O 35929 DSA UT to Island Creek 10 C O U2 M2 M2 U2 Yes Perennial 44432 ESA U f to Mill Creek 10G U1 U2 84871 Yes Perennial LSB UT to Mill Creek 10 G U1 U2 13043 Yes Perennial EH R 213171 FSA U l to Island Creek 10D EH OR 01603 Yes Perennial U1 1\41 M1 U1 52014 05286 FSC UT to Island Creek 10 D O U1 U2 U1 U2 Yes Intermittent M1 M2 M1 M2 3742 FSE UT to Island Creek 10 D E H R 331 14 Yes Perennial No 2 FSF UT to Island Creek 10 F R 28951 OH \VM1 No No OHWMI No FSH UT to Island Creek 10D E H 49465 Yes Intermittent Yes Perennial EH FSI UT to Island Creek 10 D E H R 273 54 R Yes Perennial 26668 FS UT to Island Creek 10 D E H R 85861 Yes Intermittent FSK U 1 to Island Creek 10 F R 8102 1 es Intermittent GFSE UT to Island Creek 10E O 30199 Yes Perennial GSA U 1 to Island Creek 10 F O R 41782 Yes Perennial GSG UT to Island Creek F O 19025 Yes Intetinittent 10 Yes Intermittent HBSAA U 1 to Island Creek 10 F E H 14144 I es Perennial Yes Intermittent HBSC U1 to Island Creek 10 F E H 36856 I es Perennial Yes Interrruttent HBSD(1) UT to Island Creek 10 F E H 26934 Yes Perennial HBSH U1 to Island Creek 10 F E H 31990 Yes Intermittent Table 4 11 Indn idual Stream Impacts 6onli fired rem Stream Compensatory Stream Stream Name Figure Corridor Impact Stream ID No Alternatives Determination (feet)* Requi uired ed Req uired HSB U1 to Haitisons 1011 L H 26208 es Intermittent Creek HSC U1 to Harrrsons 10 F L H 40372 I es Perennial Creek 1011 HSX UT to Harrrsons 10 H E H 30D 58 Yes Perennial Creek Yes Intermittent ISA UT to Island Creek 101 O R 72575 Yes Perennial U 1 to Harrrsons 10 H O R Yes Intermittent ISC 27696 Creek Yes Perennial ISD U1 to Harrrsons 1011 O R 4249 Yes Perennial Creek IDI1 CH1 U1 to Harrrsons 10 F O R 39701 No OH \ \m4' Creek LSB UT to Harrrsons 10 H E H O R 1 397 92 Yes Perennial Creek LSC Harrrsons Creek 10 H E H O R 65551 Yes Perennial U1 to Harrrsons 10 H E H O R Yes Intermittent LSCA Creek 441 54 Yes Perennial LSCAA UT to Harrrsons 10 H E H O R 20886 '1 es Perennial Creek LSCB UT to Harrrsons 10 H I- H O R 30707 Yes Perennial Creek LSCC UT to Harrrsons 10 E H O R 13065 Yes Perennial Creek LSCF UT to Harrrsons 10 H E H O R 11960 Yes Intermittent Creek LSD Godfre} Creek �oH E H O R 28451 Yes Perennial LSDA UT to Godfre) 101 E H O R 19473 Yes Intermittent Creek Yes Intermittent E H O R Yes Perennial NSA UT to AI \X/\\J4 10 K U1 U2 44160 E H O R Yes Intermittent NSF UT to AIM \J4 101 104 83 U1 U2 Yes Perennial ZSB UT to Futch Creek 10 E U1 U2 38587 Yes Perennial ZSK UT to Prince 10D E H R 84912 Yes Perennial George Creek rem Table 4 11 Inds-, idual Stream Impacts conlinited Stream Figure Corridor Stream Compensatory Stream ID Stream Name No A1ternatwe3 Impact Mitigation Determination (feet)* Required ZSL U 1 to Prince 10 D E H R 40 23 Yes -T Perennial Geor e Creel 1 1 Impacts Ire for all alternan -, es unless otherwise noted Indi -, ndual impacts calculated for Ahhtary Cutoff Road t Extension rllternatn es All and '\12 utilize the cortespondmg Hampstead B) pass Alternati -, e U interchange configuration Resource determined b1 US ACE to be i jurisdictional tnbutan based on the presence of in ordinary high ' water mail, (OHRAI) during field , enfication 2 Tnbutar� feature exists w ithin the boundaries of an adjacent wetland and therefore does not require mitigation independent of the wetland 3 Tnbut iij feature does not require stream mitigation but maj require nutngauon b) the US ACE is a Water of ' the US dependent upon the type of impact proposed at the tune of pernnit ipphcation d - Wantic Intracoastal Waterw rj U1 is Hampstead B} pass -llternatn e U starting at an interchange with US 17 Wilmington Bypass at '\hhtarS ' Cutoff Road Extension rllternattt e All U2 is Hampstead B) pass MternatiN e U starting at an interchange with US 17 Wilmington B) pass at '\hhtai) Cutoff Road Extension AlternatiA e 1\12 IL I able 4 13 Indi-, idual Pond Impacts Pond Figure Corridor Connected Pond Impacts ID No Alternative(s)i Appearance Feature Map ID (acres)* PE 10 C M1 M2 Stormwater Pond BSL 0 75 PI' F 10 C M1 M2 Stormwatet Pond BSO 0 41 PJ 10 C M1 M2 Storm-,i ater Pond No Connection 0 11 K 10B M1 M2 Stormwatet Pond No Connection 001 GPA 10 F O Stormwater Pond GWA 009 GPB 10 F O R Stormwater Pond GWA 007 O Oil R GPC 10 h O R Stormwatet Pond GWA 006 GPD 10 F O R Stormwatet Pond No Connection 001 IPA2 10 F O R Storm« atet Pond IW'I 014 IPE 10H E H O R Stormwater Pond No Connection 027 E H O R- JPD 10 I E H O R U1 C) picss /Gum No Connection 1 68 U1 U2 U2 Depression 1 65 E H O R KPB 101 E H O R U1 Cypiess /Gum KWA /KWG 0 31 U1 U2 U2 Depression 055 KPC 10I U1 U2 Manmade /Maintained KWF 018 LPD 10H E H O R Manmade /Maintained LWA 002 LPE 10H E H O R Manmade /Mamtanied No Connection 023 EHORUI NPC 10 I U2 Stormwater Pond No Connection 006 E H O R U1 Water Treatment NPE 10 I U2 Pond No Connection 005 1Impacts are for all ilternatn es unless otherwise noted Individual impacts calculated for Military Cutoff Ro-id Extension -1lternati,, es \I1 and N12 utilize the corresponding Hampstead Bypass Mternattt e U interchange configuration U1 is Hampstead By pass A- hernatn e U starting at an mterchange -,i ith US 17 Wilmington By pass at Nhhtary Cutoff Road Extension Mternative N11 U2 is I Iampstead Btipass Uterniti -, e U starting at an interchange with US 17 Wilmington By pass at Military Cutoff Road Extension -�lternatiN e T\12 IM 1 able 4 15 Indi-, idual Wetland Impacts Wetland Figure Corridor Cowardin Hydrologic DWQ Wetland ID No Alternative(s)* Classification' Classification Wetland Impacts Rating (acres) BWB 10 C 1\11 1\42 PFO4B Non a arian 27 023 BWC 10 C M1 M2 PFO Non a arian 25 018 BWD 10 C M1 M2 PFO Non a arian 34 1 90 BWI 10C M1 M2 PF01 /3/4B Non riparian 34 M1 1 66 M2 1 89 CWA 10 C 1\11 M2 PFO3 /4A Non riparian 34 1\11 6 37 M2 4 80 M1 R EH R111 CWB PSS3 /4B Non riparian 36 1\41 12 52 10D U1� U1 106 CWD 10D E H R U1 PSS3 /4Bd Non riparian 36 EH R 7 51 U1 9 82 CWE 10D E H R U1 PFO3 /4Bg Non riparian 36 E H 36 83 R 36 83 Riparian U1 23 89 EH R 10C EH O R U1 2152 O CWF PFO3 /4B Non riparian 36 211 10D U2 U1 7 23 U2 105 EH R013 10 C EH M2 O 09265 DWC 10D PSS3 /4B Non riparian 36 U1 0 12 R U1 U2 10E M2 92 50 U2 77 36 EWF 10E U1 U2 PFO Riparian 14 037 EWH 10 G U1 U2 PFO Non riparian 20 118 EWH1 10 G U1 U2 PFO Riparian 20 123 EW1 10 G U1 U2 PFO Riparian 37 053 EWK 10 G U1 U2 PSS1C Non ri aiian 25 006 EWM 10 G U1 U2 PF01C Riparian 19 526 10 C 0067 FWA O U1 U2 PFO Non riparian 30 U1 0 45 10 D U2 048 B7 Table 4 15 Indi -, idual Wetland Impacts continued Wetland ID Figure No Corridor Alternative(s) Cowardin Classification' Hydrologic Classification DWQ Wetland Rating Wetland Impact s (acres) FWB 10D 1: H R PFO Riparian 20 501 FWC 10D E H R PTO Non rt aitan 48 E H 146 R 824 Riparian FWD 10 F R PSS3B Non riparian 28 736 FWF 10 F E H Pro Non riparian 37 689 Riparian FWHB 10 F E H PFO Non a arian 24 004 FWI 10 F E H PFO Non a arian 17 038 FWL 10 F E H Pro Non riparian 19 003 FWY 10D E H R PFO Non a arian 20 018 GWA 10 F O R PEM /PSS Riparian 61 0605 R 794 GWC 10C 10D 10E O U1 U2 Pro Non riparian 32 07581 U1 0 68 U2 27 17 GWD 10 E 10 r 0 PTO Non riparian 32 453 Riparian HBAA3 10 F E H PSS /PFO Riparian 32 006 HBAB 101, E H PSS /PFO Non riparian 27 109 HBWD 10 F E H PSS /PFO Riparian 83 114 HBWF 10 F E H PEM /PSS Riparian 32 076 HBWK4 10 T E H PFO /PSS Riparian 83 147 HBWT 10 h E H PSS Non riparian 14 039 HWB 10H E H P170 Riparian 50 236 HWD 10H E H PFO Non riparian 21 035 HWGS 10H E H PFO /PSS Riparian 15 088 Non riparian HWH 10H E H PFO Non riparian 26 015 HWH1 10H E H PFO Non riparian 26 009 HWH2 10H E H PFO Non riparian 26 003 HWH3 10H E H Pro Non riparian 26 007 HWH4 10 H E H PFO Non riparian 26 002 HWH5 10H E H PFO Non riparian 26 023 HWY 10H E H PFO Non riparian 26 023 HWAA` 10 F E H PFO Non riparian 40 1540 Riparian HWEE I 10 F EH I Pro I Riparian 25 015 LOOM I able 4 1D India idual Wethnd Iinpncts 6oWinued Wetland ID Figure No Corridor Alternative(s) Cowardin Classification' Hydrologic Classification DWQ Wetland Rating Wetland Impacts (acres) HWHH 10 r L H PFO Non it aiian 34 024 HWMZ 10H E H PFO Non ri anin 40 005 IWA 10H E H O R PFO Rt auan 80 003 IWA_MM 10H O R PFO Non riparian 39 481 IWB 10H E H O R PFO Riparian 25 009 IWC 10H E H O R PFO Riparian 20 013 IWD 10H E H O R PFO Non riparian 31 OR 1743 E H 1864 Riparian IWE 10H E H O R PFO Non ii aiian 13 016 IWF' 10H O R PFO Riparian 69 761 Non riparian IWH' 10H O R PFO Non iiparian 53 767 Riparian IWK 10 F O R PFO Riparian 77 730 Non riparian IWN 10 F O R PFO Riparian 79 489 IWQ 10 F O R PFO Non riparian 7 048 IWT' 10 F O R PFO Non it arian 41 1457 Riparian IWU 10 F O R PFO Non riparian 13 029 IWV 10 F O R PFO Non riparian 42 481 1WW 10 F O R PFO Non riparian 45 1038 KWA 101 U1 U2 PF03 /4B Non ri atian 30 227 KWC 101 U1 U2 PF01 /2C Non riparian 17 447 KWD 1 0 I U1 U2 PI-04A Non riparian 26 473 KWF 101 U1 U2 PFO /PSS Non riparian 45 601 KWG 101 EH O R U1 U2 PF01 /2G Non riparian 43 EHOR 0 57 U1 U2 288 KWH'° 101 U1 U2 PF 01/2C Non riparian 42 570 KWI 10G U1 U2 PFO1 /3/4B Non riparian 49 3218 KWN 10G U1 U2 PF04B Non riparian 46 2401 KWO 10G U1 U2 PF04B Non riparian 37 1802 KWS 101 U1 U2 PFO1 /4B Non riparian 33 U1 U2 0 52 LWA 10H E H O R PFO Riparian 70 013 LWB 10H E H O R PFO Riparian 72 781 LWD 10H E H O R PFO Riparian 83 586 LWD1 10H EH O R PFO Riparian 48 008 LWE 10H EH 0 R PFO Non riparian 29 822 IM table 4 15 Indi -, idual Weiland Impacts colilnwed B 10 DWQ Wetland Wetland Figure Corridor Cowardin Hydrologic Wetland Impacts ID No Alternative(s) Classification' Classification Rating (acres) LWG 10H E H O R Pro Non riparian 46 017 LWH 10H E H O R Pro Non riparian 23 020 LWI 100II E H O R Pro Riparian 80 250 LWI 101 E H O R Pro Non riparian 40 526 MWM(2) 10H E H O R Pro Riparian 68 270 Non riparian WB 10K E H O R U1 PEM /PFO Non riparian 13 002 10K E H O R U1 PEM /PFO Non riparian 12 003 FNW WF 10 K E H O R U1 PEM /PSS Non riparian 12 004 EHOR NWJ 10K EH O R U1 PSS /PFO Non riparian 12 0 02 U1 U2 U2 002 NWK 10K U1 U2 PSS Non riparian 12 002 EHOR NWM 10K EH O R U1 PFO Non riparian 22 0 68 U1 U2 U2 068 NWO 101 EHOR PFO4 Non riparian 17 311 EHOR NWP 101 EHORUI PSS Non riparian 17 2913 U2 U1 U2 1138 ZWJ 10E U1 U2 PFO Non riparian 26 137 ZWK 10 E U1 U2 PEM Non ri Irian 16 008 ZWL 10 G U1 U2 PFO Non riparian 20 024 ZWM 10 G U1 U2 PFO Non riparian 20 004 ZWy 10 C M1 M2 PFO Non riparian 10 004 ZWCC 10K E H O R U1 Pro Riparian 28 003 ZWDD 10D E H R PFO Non riparian 26 116 Riparian PD 01" 10 C M1 M2 PFO /PSS Non riparian N/A 007 PD 03 10 C M1 M2 PFO /PSS Non riparian N/A 721 PD 04 10C M1 M2 PFO /PSS Non riparian N/A 642 PD 15 101 E H O R U1 PFO /PSS Non riparian N/A 048 PD 16 101 E H O R U1 PFO /PSS Non riparian N/A 058 B 10 Table 4 15 Indtxidull Wetlind Impacts contanited B11 I Cowaidin clissifications -ite based on chatactenstics of each wetland at the specific time and locltion of obsen anon Wetlands having No ID were not characterized due to impacted appearance at the time of DWQ Wetland Wetland Figure Corridor Cowardin Hydrologic Wetland Impact s ID No Alternative(s) Classification' Classification Rating (acres) Cutoff Roid Extension Allternatn e All U2 is Hampstead B) pass -kltern -iti\ e U starting at an interchange with US 17 Wilmington B) pass -it Ahhtar� Cutoff Road Extension -Uternati-, e M2 Impacts are for all alternati -, es unless otherwise noted Individual impacts calculated for ithhtan Cutoff Road EHOR PD 29 101 EH O R U1 PFO /PSS Non up irtan N/A 8 58 U1 U2 U2 856 PD 31 101 E H O R U1 PTO /PSS Non riparian N/A 291 PD 33 101 E H O R U1 PFO /PSS Non rip-man N/A 082 Riparian PD 34 101 E H O R U1 PFO /PSS Non riparian N/A 108 PD 35 101 E H O R U1 PFO /PSS Non npauan N/A 308 B11 I Cowaidin clissifications -ite based on chatactenstics of each wetland at the specific time and locltion of obsen anon Wetlands having No ID were not characterized due to impacted appearance at the time of obsen ation 2 Includes « etland FEW Includes wetland IWG 3 Includes wetland HB AC 8 Includes wetland IWI 4 Includes Nxedand HBWP ) Includes wetlands IWR Includes w elands HWM I-IWN HNK /O 0 Includes wetlands KAJ KWK Ind KAIL G Includes netlands HWBB I-M711 HW ,I Delineation data previousl) -, enfied no DWQ «eland rating forms completed for these wetlands U1 is Hampstead B� pass Alternatn e U stirtmg at an mterchange -,with US 17 Wilmington Bti pass at Nhhtan Cutoff Roid Extension Allternatn e All U2 is Hampstead B) pass -kltern -iti\ e U starting at an interchange with US 17 Wilmington B) pass -it Ahhtar� Cutoff Road Extension -Uternati-, e M2 Impacts are for all alternati -, es unless otherwise noted Individual impacts calculated for ithhtan Cutoff Road Extension Alternatives All and Al2 utilize the corresponding Hampstead B) pass alternative U interchange configuration B11 n C! Ii 1 Appendix C 1 Agency Comments on the Draft EIS Ja�1Q0 ST�l� s a w o P vaoj�o102 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 4 ATLANTA FEDERAL CENTER 61 FORSYTH STREET ATLANTA GEORGIA 30303 8960 November 15 2011 Dr Gregory J Thorpe, PhD Manager Project Development and Environmental Analysis Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh North Carolina 27699 1548 SUBJECT Federal Draft Environmental Impact Statement for the US 17 Hampstead Bypass and Military Cutoff Road Extension, New Hanover and Pender Counties North Carolina, CEQ No 20110322, TIP Project Nos R 3300 and U 4751 Dear Dr Thorpe The U S Environmental Protection Agency (EPA) Region 4 has reviewed the subject document and is commenting in accordance with Section 309 of the Clean Air Act (CAA) and Section 102(2)(C) of the National Environmental Policy Act (NEPA) ' The U S Army Corps of Engineers (USACE) and the North Carolina Department of Transportation ( NCDOT) are proposing to extend Military Cutoff Road on new location for several miles (approximately 3 5 miles) as a 6 lane median divided facility and connect to a 12 to 15 mile new location, multi -lane, median divided bypass facility of US 17 Highway in New Hanover and Pender Counties North Carolina Both multi -lane facilities are expected to tie in with 1 140 Wilmington Bypass (Also known as US 17 ' John Jay Burney Jr Freeway) I -140 currently connects to US 17 (Market Street) with an interchange at Futch Creek Road EPA has been participating in the proposed project under the NEPA/Section 404 Merger process since 2005 and before the NCDOT proposed to combine the two facilities into one proposed project According to EPA s records the Purpose and Need ' (Concurrence Point CP 1) for the combined roadway facilities was concurred on September 21 2006 On August 23, 2007, EPA concurred on the Detailed Study Alternatives to be carried forward (Concurrence Point 2) Another CP 2 meeting was held on April 20 2010, that further narrowed down the Detailed Study Alternatives EPA concurred on CP 2A, Bridging and Alignment Review on May 27, 2010 EPA s technical review comments on the DEIS are attached to this letter (See Attachment A) 1 ' Internet Address (URL) o http 11www epa gov Recycled/Racyciabte Printed with Vegetable on Based Inks on Recycled Paper (Minimum 30°/ Postconsumer) It should be noted that EPA and the U S Fish and Wildlife Service are listed on the DEIS cover as Cooperating Agencies Section 15016 of the Council on Environmental Quality (CEQ) regulations should be further explored by the USACE and NCDOT for specific requirements of Cooperating Agencies EPA has rated the DEIS alternatives E H +MI O +M2 R +M1 U +M1 and U +M2 as Environmental Objections (EO 2) EPA has rated detailed study alternative (DSA) U as Environmental Concerns (EC 2) Those DSAs rated as EO 2 are those alternatives where there is a potential for significant environmental impacts to water supply wells and high quality waters of the U S that cannot be addressed without significant project modification or the development of other feasible alternatives The DEIS fails to address the requirements of the Safe Drinking Water Act and the Clean Water Act with respect to current and future water supplies and the Military Cutoff Road extension impacts (i e DSA Ml and M2) The DEIS fails to identify avoidance and minimization measures and compensatory mitigation under Section 404 of the Clean Water Act for significant impacts to high quality waters of the U S The rating of 2 indicates that DEIS information and environmental analysis is not sufficient and that additional information is required EPA has substantial environmental concerns with respect to wetland and stream impacts and appropriate avoidance and minimization measures and compensatory mitigation In addition EPA also has environmental concerns for potential impacts to wetland mitigation and preservation sites prime farmland impacts, impacts to threatened and endangered species wildlife habitat fragmentation and human environment impacts EPA recommends that all of the technical comments in the attachment be addressed prior to the issuance of a Final EIS (FEIS) Furthermore all relevant environment impacts that have not been disclosed in this document should be addressed in additional documentation prior to the next Merger decision point EPA has rated DSA U as having environmental concerns (EC -2) because it has significant environmental impacts to human and natural resources that have not been fully or accurately addressed in the DEIS and additional information is required EPA believes that strictly combined with other transportation alternatives such a Transportation System Management (TSM) and Travel Demand Management (TDM) DSA U can possibly help meet the purpose and need However, additional avoidance and minimization measures would be needed for DSA U to prevent degradation to protected and jurisdictional resources EPA is requesting a conceptual mitigation plan prior to the selection of the Least Environmentally Damaging Practicable Alternative (LEDPA) EPA will not be able to concur on the Least Environmentally Damaging Practicable Alternative (LEDPA) until the significant environmental issues identified in the attachment are satisfactorily resolved Mr Christopher Militscher of my staff will continue to work with you as part of the NEPA/Section 404 Merger Team process EPA will continue to work with your staff and other Merger Team agencies on modifications to the DSAs and developing I' alternatives that can potentially meet the stated purpose and need for the project study area Should you have any questions concerning these comments please feel free to contact him at Militscher chnsPel2a gov or (919) 856 4206 or (404) 562 9512 Thank you Sincerely 1 IV Heinz J Mueller Chief, NEPA Program Office Cc S McClendon, USACE B Shaver, USACE P Benjamin, USFWS B Wrenn NCDWQ D Wainwright, NCDWQ M Herndon NCDWQ D Cox, NCWRC S Sollod NCDCM ATTACHMENT A Draft Environmental Impact Statement US 17 Hampstead Bypass and Military Cutoff Road Extension New Hanover and Pender Counties TIP Project Nos R -3300 and U4751 Detailed Technical Comments Purpose and Need for the Proposed Project The NEPA/Section 404 Merger Concurrence Point (CP) 1 Purpose and Need statement is included in Appendix B of the DEIS The stated purpose and need that Merger team representatives agreed to is as follows `The purpose of the project is to improve the traffic carrying capacity and safety of the US 17 and Market Street corridor in the project study area The DEIS includes an elaboration on the purpose and need on Pages 1 3 and 1 4 The discussion concerning safety is not fully examined EPA believes that the severity of accidents and potential fatalities within the project study area may increase with a new location highway speed freeway While overall minor traffic accidents may be expected to decrease along US 17 /Market Street with a new multi -lane bypass facility FHWA and National Safety Council studies have shown that new location, high speed freeways in rural areas can potentially increase the severity of accidents NCDOT safety studies also indicate that the total crash rate for US 17 between US 17 Wilmington Bypass (I 140) and Sloop Point Loop Road is below the 2005 2007 statewide crash rate for rural U S routes Most of the proposed Hampstead Bypass is located substantially north of where the traffic and accident problems are located along existing US 17 /Market Street This section of the DEIS includes an additional need concerning transportation demand U S Census Bureau population data for New Hanover County and Pender County is provided The DEIS states that with the population increase there is a corresponding growth in tourism and supporting services that resulted in a mixed purpose traffic on US 17 This section of the DEIS does not specifically identify the correlation between population growth and the growth in tourism and supporting services The population growth trends presented in Table 1 4 by decade for the periods of 2010 2020 and 2020 2030 are not reflective of more recent socio economic trends The large number of annual visitors for tourism does not specifically translate into increased population growth for the project study area Considering the extensive wetland systems present in the project study area and that most upland areas have already been developed for retirement and seasonal second homes future trends in permanent population growth are believed to be over estimated to justify new location facilities Figure 2 of the DEIS includes the 2008 Levels of Service (LOS) along some of the major routes in the project study area, including 1 140 /Wilmington Bypass, US 17/Market Street and US 17 to Sloop Point Loop Road at the northern project terminus This figure is confusing as it only provides LOS from A to C and then breaks out LOS D E and F Twenty -four (24) intersections are also provided with a LOS EPA notes that a majority of existing Military Cutoff Road within the project study area shown is LOS A C Additionally EPA estimates that based upon peak hour NCDOT traffic estimates approximately 66,500 feet of 123 375 total feet of existing roadways operate at a satisfactory LOS of A -C Mayor sections of the existing multi lane US 17 highway in Pender County and I 140/Wilmington Bypass show no current traffic capacity issues Eight (8) of the 24 intersections also operate at LOS A C EPA also notes the issue of local traffic versus regional through traffic From Figure 2, it can be seen that while the 1 140 /Wilmington Bypass operates at an acceptable LOS, US 17 from College Road to Futch Creek Road (approximately 7 miles) operates at LOS F Apparently 1 140 /Wilmington Bypass is not drawing sufficient through traffic from downtown Wilmington roadways The interchange of I- 140 /Wilmington Bypass and US 17 north of Porters Neck Road is rated with a LOS A -C Similarly the traffic ® problems (LOS F) south of the proposed extension of Military Cutoff Road would not ® expect to be improved with a new location 6 -lane freeway connecting to I 140 with a new interchange EPA is uncertain how the new location US 17/Hampstead Bypass of approximately 12 to 15 miles will improve traffic carrying capacity south of the proposed connections and new interchange with I 140 /Wilmington Bypass Except for one small area south of Scotts Hill Loop Road and a similarly small area by Topsail High School US 17 between the I 140 interchange to the northern terminus operates at LOS D or better Figure 5 includes the projected 2035 LOS `No -build Nearly all multi lane roadways and intersections operate at LOS F based upon projected growth The DEIS does not include the 2035 LOS in the project study area with the proposed new facilities (Build Scenario) This information is necessary to determine if after the 16 to 18 miles of new facilities are constructed that there will be any observable improvements to the existing facilities in the future The project need appears to be based solely upon past population growth numbers in the two counties from 1990 to 2000 and 2000 to 2010 Section 3, Table 3 -1 of the DEIS provides Population Characteristics for North Carolina, New Hanover County Pender County Wilmington and Demographic Area The DEIS defines the demographic area as the area in and around the study area The DEIS does not separate seasonal peak traffic numbers from the Average Annual Daily Traffic (AADT) The DEIS does not provide a break down by year of population growth rates within the demographic area EPA would not anticipate that population growth rates from 2008 to present are at the same substantial percentage levels as was seen earlier in the decade These 2035 population projections do not appear to take into account the project setting and the availability of other necessary infrastructure Overall, the information contained in the DEIS does not adequately support the purpose and need for multi lane (6 lanes for Military Cutoff Road Extension and 4 lanes for the Hampstead Bypass) new location roadways including a 12 to 15 mile freeway and a 3 5 mile, 6 lane boulevard Other transportation initiatives such as widening existing roadways providing interchanges and improved intersection movements adding turn lanes, providing traffic calming measures and other Transportation Systems Management and Travel Demand Management measures could meet current and possible future traffic problems Regional traffic plans do not fully address the existing traffic conditions of the I- 140 /Wilmington Bypass and why the northern terminus was selected at its current location if it was not expected to draw regional and seasonal traffic from more congested local routes Based upon NCDOT studies I 140 /Wilmington Bypass and its interchanges operate successfully at LOS A C Recent purpose and need guidance by the Federal Highway Administration (FHWA) indicates that safety issues on existing facilities cannot always be addressed by the construction of new location facilities Safety improvements along existing US 17 could be accomplished through a multiple of enhancements including the addition of auxiliary turn lanes restricting driveway access improved signal timing reducing the posted speed limit increased signage, etc Considering the rural and suburban nature of a majority of the project study area, new location and multi lane facilities combined with existing safety concerns along US 17 will potentially increase the number and severity of accidents Preliminary and Detailed Study Alternatives The DEIS includes discussions in Section 2 2 regarding Transportation Systems Management (TSM) Alternative, Travel Demand Management (TDM) Alternative and Mass Transit Alternatives These transportation alternatives were not given full consideration and were eliminated from detailed study because they did not meet the purpose and need for the proposed new location projects These alternatives were given only cursory consideration as individual alternatives and were never considered in combination along with other select improvements to existing roadways and intersections Under the Mass Transit Alternative, EPA notes that NCDOT has concluded that there is a potential lack of demand EPA requests a copy of the public survey and other traffic studies that support this conclusion The DEIS also cites a diversity of trip origins and destinations EPA requests a copy of the origin/destination (O/D) study that was prepared to support this position The DEIS discusses the N C Strategic Highway Corridor (SHC) vision plan adopted by the N C Board of Transportation in 2004 as part of the purpose and need for the project The SHC was not included in the purpose and need that Merger team representatives concurred on in September of 2006 The extension of Military Cutoff Road is designated as a boulevard in the SHC plan The Hampstead Bypass is depicted in the 2004 SHC vision plan as a new location freeway that follows the most westerly routes of some of the Detailed Study Alternatives (DSAs) Without fully examining other transportation alternatives or knowing the full extent of traffic problems on US 17/Market Street it was determined in 2004 that new multi lane routes would be the vision for the corridor The DEIS does not explain the correlation between the traffic problems on existing US 17 /Market Street and the need for additional traffic carrying capacity, new multi lane routes of travel that are at a substantial distance from the poor LOS areas and intersections, and areas with higher accident rates shown on Page 2 -2 EPA does not believe that other non new location transportation alternatives either singly or in combination were given full consideration in the DEIS The DEIS includes a comparison of 23 preliminary corridor alternatives (Alternatives A through W and Z) for the Hampstead Bypass and 2 preliminary corridor alternatives (Alternatives MI and M2) for the Military Cutoff Road Extension Many of these preliminary study corridors were apparently identified by NCDOT to strictly avoid residential relocations within the proposed 300 foot corridor without any context sensitive regard to natural system impacts (e g Alternative W 501 5 acres of wetland impacts and 63 residential relocations) The original list of preliminary study alternatives were narrowed down to 13 DSAs on August 23, 2007, at a Concurrence Point (CP) 2 Merger meeting The list of 13 DSAs was further narrowed down on April 20 2010 to 6 ' DSAs at a second CP 2 meeting The current list of DSAs includes Alternatives E -H O R U and M1 and M2 Alternatives E H O R and U all share the same northern terminus by Sloop Point Loop Road and US 17 Alternatives M1 and M2 share a common southern terminus at the intersection of Military Cutoff Road and US 17 Combining the freeway alternatives and Military Cutoff Road extension alternatives represents 5 DSAs ' Alternatives E H O and R are located more than a mile to the west of the existing multi lane US 17 facility for a majority of their length Alternative E -H appears at its most westerly point to be located more than 3 miles from the existing US 17 corridor ' Alternative U is considered to be a shallow bypass and utilizes the existing corridor for approximately half of its length Alternative U does not require a new location interchange along I 140 /Wilmington Bypass The DEIS design for DSA U indicates a ' 250 to 350 right of way required for this DSA The DEIS does not provide a specific justification for this proposed width compared to the other alternatives under consideration This right of way width is also contradictory to the environmental ' commitment included on page 1 of 2 of the Green Sheets Alternatives M1 and M2 follow the same alignment for more than half of its length and then tie in two future I- 140 /Wilmington Bypass interchanges that are approximately one mile apart The current DSAs combinations are included in the summary comparison in Table S -1 The 5 DSAs under consideration in the DEIS do not ' necessarily meet the requirements under 40 CFR Part 1502 14 Traffic carrying capacity and accident issues are located south of the I 140 /Wilmington Bypass interchange along US 17 These issues were discussed during previous Merger team meetings and agencies ' were informed that the NCDOT would evaluate a full range of alternatives that would singly or in combination meet the purpose and need The initially proposed project study area was expanded at the request of the USACE and other agency representatives to ' insure that a full suite of reasonable alternatives would be explored during the NEPA process ' Human Environment Impacts Relocations Residential and business relocations for the DSA E H +M 1 O +M2 R +M l P U +M 1 and U +M2 are shown in Table S 1 and are as follows 61/84, 60/84, 59/84, 93/106 and 95/106 The business relocations include non - profit displacements (i a Relocations) There are no large business employers identified within the demographic area (Pages 3 2 and 3 3 of the DEIS) ' EPA compared residential and business relocations for the DSAs to similar multi lane facilities identified and analyzed under the 2010 Merger Performance Measures , Environmental Quality Indicators (Baseline and 2009 data) For residential relocations impacts per mile for the five DSAs were comparable in range to the Baseline and 2009 impact numbers (2 0 to 4 2 residential relocations per mile for Eastern new location projects respectively) Business relocations are higher for all 5 DSAs compared to the Baseline and 2009 impact numbers The DEIS included non profit organizations in the business relocation totals This is not a common NCDOT practice nor consistent with ' current NEPA/Section 404 Merger guidance In addition NCDOT also included a church cemetery graves and a 0 employee daycare in the Appendix C business ' relocations for U -4751 Alternatives M1 and M2 According to this report 63 business relocations will result from either DSA Ml or M2 Appendix C appears to double count certain business relocations For DSA U the report includes the relocation of 9 non profit ' organizations including 7 churches Another 32 displaced businesses are identified for DSA U Also included in the list of 32 business relocations for DSA U is a seasonal produce stand a small business with name unknown and a new business under t construction (no name) This report identified a cell tower will be `isolated by this alternative as well as water tanks for the Belvedere Plantation subdivision However, this relocation report does not identify at least two existing water supply wells operated by ' Cape Fear Public Utility Authority that will be impacted by both DSA M1 and M2 (Page 4 22 of the DEIS) EPA requests that a consistent and accurate analysis of residential and business relocations be provided to EPA and other Merger team agencies prior to the CP ' 3 LEDPA meeting and included in the FEIS Minority and Low Income Populations Environmental Justice Table 4 1 identifies minority owned residential and business relocations including the following DSA EH +M1 13 out of 61 residential and 11 out of 84 businesses, DSA O +M2 11 out of 60 residential and 11 out of 84 businesses DSA R +M1 13 out of 59 residential and 11 out of 84 businesses DSA U +M1 36 out of 93 residential and 22 out of 106 businesses DSA U +M2 36 out of 95 residential and 22 out of 106 businesses The Environmental Justice impacts based upon 2000 Census data are described on Pages 4 4 to 4 -6 of the DEIS The DEIS concludes that the proposed project is not expected to have disproportionately high and adverse human health and environmental effects on low income or minority populations Community Resources Access to Prospect Cemetery is expected to be eliminated by either DSA M 1 or M2 Page 4 2 of the DEIS states that access to Prospect Cemetery will be evaluated during final roadway design EPA believes that this is a known impact resulting from the Military Cutoff Road Extension and access road options and associated impacts should 1 have been identified in the DEIS including potential impacts to jurisdictional wetlands and streams The DEIS identifies an impact under DSA M1 and M2 to a driving range (golf) under community facilities and services This is a commercial business ( #57 under Business Relocations) and not a public or non profit community facility The DEIS does ' identify that Holly Shelter Game Land is located in the protect study area However unlike the driving range it is a public and community facility as well as a gameland and preservation area It is used extensively by the public EPA requests that inaccuracies contained in the DEIS be addressed in the FEIS Mount Ararat AME Church a historic property, is also expected to be impacted ' by DSA M1 or M2 In addition the DEIS also indicates that grave sites in this cemetery could also be impacted but does not quantify the potential number of grave sites In the Appendix C relocation report, it is provided that DSA U will reportedly impact 647 + / ' grave sites Wesley Chapel United Methodist Church (395 +/ graves) McClammy and King Family Cemetery (17 +/ graves) and Pollock s Cemetery (235 +/- graves) The number of grave sites in the relocation report for DSA M1 and M2 under TIP project ' number U 4751 is not provided Potential cemetery impacts for DSAs E -H O and R are not identified in the report ' Ogden Park is described on Page 4 -2 of the DEIS and discusses the park boundary that was designed to accommodate a future transportation corridor through the middle of the county park In addition Pedestrian access to existing multi use path facilities and Ogden Park would be improved if pedestrian facilities are constructed There is no identification of any proposed pedestrian facilities between the two sections of the park Additional details concerning non profit relocations are provided in Section 4 12 of the DEIS DSA E -H, O and R will impact 3 churches including St John the Apostle Catholic Church Angel Food Ministries, and Topsail Baptist Church Hampstead is an unincorporated community in Pender County and is an area characterized as a home to four golf courses that are centered in large residential developments The northern area of the project study area is characterized as being rural with natural areas preserved for recreation and education The N C Wildlife Resources Commission manages Holly Shelter Game Land and North Carolina State University manages its blueberry research station There are numerous other public and private mitigation sites and preserved lands in the project study area Notably, there are several NCDOT mitigation sites (associated with the I 140/US 17 /Wilmington Bypass project) including but not limited to the Plantation Road Site Corbett Strip Residual Site and the Corbett Tract Mitigation Site Farmland Impacts Impacts to prime farmlands are described in Section 4 3 on the impacts to the physical environment Farming and agricultural practices are a human activity and represent businesses In addition to N C Executive Order 96 on the Conservation of Prime Agricultural and Forest Lands the Lead Federal Agency (i e , USACE) is required to comply with the Farmland Protection Policy Act (FPPA) of 1981 for those NEPA actions impacting prime farmland as defined under 7 CFR Part 658 Please see http Hwww nres usda gov for more information Prime farmland impacts are quantified for each DSA in Table 4 5 Impacts are very specifically quantified as follows DSA E H +M1 67 48 acres DSA O +M2 58 10 acres DSA R +M1 58 12 acres DSA U +M1 49 88 acres and DSA U +M2 49 88 acres Section 4 3 3 does not reference the required AD -1006 forms EPA is unable to locate the forms in the DEIS appendices EPA requests how these very exact impact numbers were calculated and if the Natural Resource Conservation Service (NRCS) completed AD 1006 forms for the DSAs The DEIS does not provide any further information concerning potential N C Voluntary Agricultural Districts (VADs) or what measures to minimize farming impacts might be appropriate (e g , Equipment access across dissected fields) According to the N C Department of Agriculture and Consumer Services Pender County in 2008 was working towards establishing VADs Sections 3 3 3 and 4 3 3 of the DEIS fails to provide the relative importance of fanning and other forest products for the Pender County economy and its employment contribution Prior to the issuance of a FEIS EPA recommends that supplemental information and analysis be provided regarding prime farmland and other agricultural land impacts resulting from the proposed project Noise Receptor Impacts Impacts to noise receptors are described in Section 4 3 on the impacts to the physical environment Human environment impacts are described in Section 4 1 Noise impacts are based upon receptor criteria to the human environment Total noise receptor impacts are shown in Table 4 -4 However design year 2035 traffic noise levels that are expected to approach or exceed the NAC are different than from the table Table S 1 includes the actual noise receptor impacts for each DSA DSA E -H +M1 257 receptors DSA O +M2 236 receptors DSA R +M1 248 receptors, DSA U +M1 310 receptors and DSA U +M2 304 receptors Based upon the NCDOT Traffic Noise Abatement Policy potentially 9 noise wall bamers are expected to meet the NCDOT s current feasibility and reasonableness criteria as identified on Page 4 11 The decision on the construction of the cost effective noise barriers to provided needed noise abatement is being deferred by NCDOT until final design more `in depth' Traffic Noise Modeling (TNM) and additional public involvement Histonc Properties and Archaeological Sites DSA U has 4 historic property adverse effects, including Poplar Grove Scott s Hill Rosenwald School and Wesleyan Chapel united Methodist Church and Mount Ararat AME Church The Mount Ararat AME Church impact (adverse effect) is associated with DSA M1 or M2 Thus, all of the DSAs have at least one adverse effect on a historic 1 property There is no identified avoidance alternative The impacts to historic properties ' from DSA U are based upon using a freeway design along portions of existing US 17 and including parallel service roads Some of the impacts to historic properties may be avoided or minimized if other reasonable designs are pursued during final design ' Archaeological surveys have not been conducted for the DSAs and they are not proposed to be conducted until after the selection of the preferred alternative Hazardous Materials Section 3 3 5 on hazardous materials is not accurate and should be corrected in ' the FEIS Hazardous matenals are regulated by the U S Department of Transportation (USDOT) under 49 CFR Parts 100 185 This section of the DEIS does not conform to other NEPA documents prepared by the NCDOT and reviewed by the EPA Hazardous materials are identified in the Impacts to the Physical Environment section and not in the `Human Environment Impact section Hazardous wastes are regulated under the Resource Conservation Recovery Act (RCRA) of 1976 as amended Hazardous substances are regulated under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) of 1980 as amended The NEPA/Section 404 Merger Guidance provides additional details concerning these laws and requirements Some of the identified geoenvironmental sites described in this section may meet the cleanup requirements of more than one Federal statute Only 5 of the 28 sites referenced in Section 3 3 5 are described in Section 4 3 5 These 5 sites are associated with DSA M1 and M2 There is no qualifying description of the phrase low geoenvironniental impacts Details concerning the other 23 hazardous material sites is not provided in the DEIS Supplemental information and analysis should be provided to EPA prior to the issuance of the FEIS This future geotechnical investigation and evaluation should include the potential for existing hazardous material ' sites and underground storage tanks to contaminate shallow groundwater resources Natural Resources Impacts Groundwater Impacts and Water Supply Well ' Sections 3 5 3 and 4 5 3 of the DEIS discuss impacts to the project area water supply Groundwater aquifers are generally described in Section 3 5 3 1 The Cape Fear Public Utility Authority ( CFPUA) is reported to have several existing and proposed well ' sites associated with the Nano Water Treatment Plant (NWTP) Section 4 5 3 1 1 identifies that DSA M1 and M2 cross two existing well sites operated by the CFPUA Additionally DSA M2 would also impact two additional existing CFPUA well sites (to ' total 4) and a proposed well site DSA M2 is anticipated to impact a raw water line and concentrate discharge line that provides a connection to several anticipated well sites The DEIS states that estimates provided by CFPUA include the loss of up to 6 million ' gallons per day (mgd) of anticipated future water supplies for the protect study area The DEIS lacks any specificity as to what the loss of the existing water supplies might be what the potential to feasibly relocate the wells might be or what the costs might be should either DSA M1 or M2 be selected DSA U is also expected to impact 3 existing transient non - community water supply wells in the vicinity of the proposed US 17 interchange at Sidbury Road and Scott Hill Loop Road Transient non community wells are described as being ones that serve 25 or more people at least 60 days out of the year at facilities such as restaurants and churches The DEIS does not provide any additional information regarding these impacts including current withdrawal rates the availability of alternative drinking water supplies the costs to owners to relocate wells, etc The DEIS does not address what the potential for contamination to existing well fields will be The depth and distance of CFPUA well sites is not provided with respect to the alternatives under consideration The potential threat from hazardous material accidents to other existing wellheads is not evaluated in the DEIS Section 5 3 1 4 identifies 33 CFR 320 4(m) with respect to water supply impacts EPA has provided the following specific USACE citation Water is an essential resource basic to human survival economic growth and the natural environment Water conservation requires the efficient use of water resources in all actions which involve the significant use of water or that significantly affect the availability of water for alternative uses including opportunities to reduce demand and improve efficiency in order to minimize new supply requirements Actions affecting water quantities are subject to Congressional policy as stated in section 101(g) of the Clean Water Act which provides that the authority of states to allocate water quantities shall not be superseded abrogated or otherwise impaired The full impacts to water supplies are not detailed in the DEIS EPA believes that the construction of either DSA M1 or M2 will potentially violate this Clean Water Act requirement NCDOT should also refer to the Safe Drinking Water Act for additional requirements The DEIS fails to provide any potential avoidance or minimization measures or mitigation to address the loss of current and future water supplies in the project study area Jurisdictional Streams and Wetlands Surface water impacts are included in Sections 3 5 3 2 and 4 5 3 2 of the DEIS A total of 134 streams were identified in the project study area Four (4) streams within one mile downstream of the project study area have been designated as High Quality Waters (HQW) and one stream within one mile downstream has been designated Outstanding Resource Waters (ORW) These five streams are Futch Creek Old Topsail Creek, Pages Creek an unnamed tributary to the Atlantic Intercoastal Waterway (AIWW) and Howe Creek respectively There are no Section 303(d) listed impaired waters in the project study area The physical characteristics of all of the streams in the project study area are provided in Table 3 -7 Jurisdictional stream impacts for the DSAs are as follows DSA E H +M1 24 531 linear feet or 4 6 miles DSA O +M2 13 842 linear feet or 2 6 miles DSA R +M1 24 571 linear feet or 4 6 miles, DSA U +MI I5 450 linear feet or 2 9 miles and DSA U +M2 8 786 linear feet or 1 7 miles EPA compared stream impacts for the DSAs to similar multi lane facilities identified and analyzed under the 2011 Merger Performance Measures Environmental Quality Indicators (Baseline and 2010 data) Stream impacts per mile for four of the DSAs were a magnitude or more above the 2004 -2009 Baseline of 410 linear feet/mile and the 2010 Eastern new location value of 200 linear feet/mile Except for DSA U +M2 of 523 linear feet /mile the other 4 DSAs had impacts per mile as follows 1 402 linear feet/mile (Greater than 3 times the Baseline) 834 linear feet /mile (Greater than 2 times the Baseline) 1 437 linear feet/mile (Greater than 3 times the Baseline) and 858 linear feet /mile (Greater than 2 times the Baseline) EPA does not believe that impacts to jurisdictional streams will be substantially reduced from these DEIS values following the selection of a LEDPA due to constructability issues within the project study area ' A total of 85 ponds and 286 jurisdictional wetland systems were identified in the project study area The physical characteristics of these surface waters are detailed in Tables 3 8 and 3 9 of the DEIS By EPA s estimate as many as 43 of the 85 ponds are ' classified as stormwater ponds NCDOT provided the DWQ Wetland rating for each of the 286 wetland systems The DEIS did not provide wetlands ratings using the multi agency accepted North Carolina Wetlands Assessment Methodology (NCWAM) Juiisdictional wetland impacts for the DSAs are as follows DSA E H +MI 246 1 acres DSA O +M2 384 4 acres DSA R +M1 297 4 acres DSA U +MI 218 4 acres and DSA U +M2 283 8 acres Impact calculations were based on preliminary design slope stake limits plus an additional 25 feet EPA does not anticipate that final impact numbers to jurisdictional wetlands will be reduced from these specific impact estimates Conversely recent highway projects in the Coastal Plain of N C have shown an increase in wetland impacts following the selection of the LEDPA due to constructability issues brought forward by NCDOT (e g R 3620 Poorly drained soils requiring that the road bed be raised by 4 to 6 feet above natural ground elevation) EPA compared wetland impacts for the DSAs to similar multi lane facilities identified and analyzed under the 2011 Merger Performance Measures Environmental Quality Indicators (Baseline and 2010 data) Similar to the stream impact comparisons wetland impacts per mile for each DSA greatly exceeded the Baseline and 2010 Eastern new location project values of 2 1 acres /mile and 1 5 acres /mile, respectively EPA estimates the following DSA E H +M1 14 1 acres /mile DSA O +M2 23 2 acres /mile DSA R +M1 17 4 acres /mile DSA U +M1 12 1 acres /mile and DSA U +M2 16 9 acres /mile These wetland impacts per mile range from 6 to 10 times the 2004 2009 Baseline for an Eastern new location project EPA does not believe that impacts to jurisdictional wetlands will be substantially reduced from these DEIS values following the selection of a LEDPA due to possible constructability issues and potential NCDOT safety concerns regarding 3 1 side slopes and the use of guardrails along a future high speed facility Section 4 5 4 1 contains a discussion on avoidance and minimization of impacts to jurisdictional resources Minimum hydraulic bridges are recommended at Site #6 UT to Island Creek (Wetlands ISA and IS B) and Site #15 and Island Creek and UT to Island Creek (Wetlands HBSF and HBSH) Dual 200 -foot bridges are recommended at Site #16 UT to Island Creek (Wetland HBSD2) Seventeen (17) mayor hydraulic crossings were identified during the CP 2A field meeting Thirteen (13) structures are various sized reinforced concrete box culverts (RCBC) and one existing RCBC is proposed to be extended The DEIS does not identify any additional avoidance and minimization measures to reduce impacts to jurisdictional streams and wetlands such as reduced median widths, increased side slopes the use of single bridges and tapered medians, retaining walls reduced paved shoulders, etc Compensatory mitigation for unavoidable impacts to jurisdictional resources is very generally discussed in Section 4 5 4 12 of the DEIS NCDOT proposes to seek on site mitigation opportunities and utilize the N C Ecosystem Enhancement Program (EEP) for off site mitigation needs Considering the magnitude and seventy of the impacts to high quality streams and wetlands, EPA requests a conceptual mitigation plan prior to the selection of a LEDPA and the issuance of a FEIS There are no details as to what mitigation opportunities are available on site and what credits or mitigation assets are available through the EEP Considering the location of the proposed project and the presence of high quality waters of the U S , the conceptual mitigation plan should be sufficiently detailed and provide for full compensation for lost functions and values to high quality resources During the Merger process EPA also learned that several NCDOT mitigation sites associated with the I 140/Wilmington Bypass might be impacted from the proposed project including the Plantation Road Site' From Figure IOC of the DEIS it appears that the 34 acre Residual Site might also be impacted from several of the DSAs From Figure l OD it appears that the Corbett Strip Residual Site is probably going to be impacted from several of the DSAs Discussions in the DEIS regarding the potential impacts to these NCDOT mitigation sites is included in Section 3 3 8 3 Impacts to these sites are not specifically identified in the summary table S 1 but are addressed Table 4 3 8 3 Additional information including credit/debit ledgers restrictive covenants and easements and other property records is being requested by EPA prior to the selection of a LEDPA and the issuance of a FEIS NCDOT should avoid impacting approved mitigation sites that were required for compensation for previous highway project impacts (i a I- 1401US 17 Wilmington Bypass) Terrestrial Forest Impacts Terrestrial forest impacts include Table S 1 summary of impacts for the DSAs are as follows DSA E -H +M1 518 acres DSA O +M2 512 acres, DSA R +M1 472 acres, DSA U +M1 406 acres and DSA U +M2 455 acres These impact numbers do not match the terrestrial community impacts shown in Table 4 9 Eliminating the impact estimates to maintain and disturbed communities still does not provide for an accurate estimate of terrestrial forest impacts The FEIS should identify how the terrestrial forest impacts were calculated for each DSA and what natural communities were included in the estimates EPA notes the comment concerning Executive Order 13112 on Invasive species and NCDOT s Best Management Practices (BMPs) EPA acknowledges the NCDOT invasive plant species list in Section 3 5 2 1 2 of the DEIS The FEIS should identify specific BMPs to be followed to minimize the spread of invasive plant species following construction and provide detailed environmental commitments on how these BMPs are to be implemented It would be useful to the public and decision makers if NCDOT could provide previous project examples where these invasive species BMPs have cost effectively resulted in the long term elimination or reduction in invasive plant species following roadway construction activities There are numerous Significant Natural Heritage Areas that are present in the project study area and the proposed new location alternatives represent a significant long -term threat to these unique habitats resulting from the introduction of aggressive and persistent roadside invasive plant species Threatened and Endangered Species Sections 3 5 4 3 and 4 5 4 3 address protected species including Federally listed species under the Endangered Species Act (ESA) Considering the potential impacts to NCWRC s managed Holly Shelter Game Land the DEIS should have also identified any State listed species under their jurisdictional and within the project study area Twelve (12) Federally - listed threatened or endangered species are shown on Table 3 -10 According to a copy of the U S Fish and Wildlife Service (USFWS) letter dated October 5 2011, there are numerous unresolved issues concerning threatened and endangered species, including Red- cockaded woodpecker (RCW) and issues associated with the endangered plants and NCDOT mitigation sites that will be impacted from DSAs E H 0, and R EPA s defers to the NCWRC and USFWS concerning specific requirements involving Section 7 of the ESA and other wildlife issues Generally, EPA has significant environmentally concerns regarding wildlife habitat loss and fragmentation resulting from most of the DSAs including E -H O and R Potential animal /vehicle collisions involving new location multi -lane high speed facilities in rural areas in close proximity to game lands and other preservation areas need to be analyzed and studied prior to the issuance of a FEIS Other Environmental Issues EPA notes the other DEIS comments and issues concerning Air Quality including transportation conformity, Mobile Source Air Toxics (MSATs) FEMA floodplain impacts, socio economic issues land use plans, pedestrian and bike path issues gameland and preservation area direct impacts and indirect and cumulative effects (ICE) resulting from the proposed project Regarding socio economic issues, EPA acknowledges the following DEIS comment It is anticipated that the proposed project will enhance long -term access and connectivity opportunities in New Hanover and Pender County and will support local regional and statewide commitments to transportation improvement and economic viability Enhanced long term access and connectivity are not part of the purpose and need for the proposed project that EPA and other Merger Team agencies agreed with in 2006 Impacts to Holly Shelter Game Land, Corbett Tract Mitigation Site, Corbett Tract Residual Strip, Plantation Road Site, 34 Acre Residual Site 22 Acre Residual Site, and Blake Savannah are detailed for the different DSAs in Table 4 -7 Impacts to Holly Shelter Game Land and the 22 Acre Residual Site should be removed from the table as all of the impacts are zero to these two areas The total impacts for the DSAs are as follows DSA E H +M1 4 43 acres DSA O +M2 42 94 acres DSA R +M1 5 01 acres DSA U +M1 3 24 acres and DSA U +M2 34 40 acres Most of the impacts are associated with DSA M2 and are to the Plantation Road and 34 Acre Residual mitigation sites These significant impacts should be included in Table S 1 and future impact tables EPA does not agree with the assumptions and conclusions in the indirect and cumulative effects section of the DEIS The analysis cites travel time benefits without providing the specific travel time savings or other traffic analyses required to make such a claim The analysis ignores a critical component water supply within the project study area and the importance it may have on current and future development and land uses Furthermore the qualitative ranking in Tables 4 -18 and 4 19 are not supported by actual data or facts These ranking appear to be very subjective and based upon past trends and not upon more recent socio economic factors The relationship of the information contained in Table 4 -20 compared to the proposed project is not made clear in Section 4 6 Considering the significant impact predicted for the project study area watersheds, EPA is requesting a review copy of the indirect and cumulative quantitative water quality impacts analysis that was requested by the NCDWQ and prior to the issuance of a FEIS ' Gregory J Thorpe, PhD Project Development and Environmental Analysis North Carolina Department of Transportation ' 1548 Mail Service Center Raleigh, North Carolina 27699 1548 Dear Dr Thorpe This letter is in response to your August 29, 2011 letter which requested comments from the U S Fish and Wildlife Service (Service) on the Draft Environmental Impact Statement (DEIS) for the proposed SR 1409 (Military Cutoff Road) Extension and proposed US 17 Hampstead Bypass, New Hanover and Pender Counties North Carolina (TIP No U 4751 and R -3300) These comments are provided in accordance with provisions of the National Environmental Policy Act (42 U S C 4332(2)(c)) and Section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U S C 1531 1543) For U 4751 the North Carolina Department of Transportation ( NCDOT) proposes to extend Military Cutoff Road as a six lane divided roadway on new location from its current terminus at US 17 (Market Street) in Wilmington north to an interchange with the US 17 Wihnington Bypass For R 3300 NCDOT proposes to construct the US 17 Hampstead Bypass as a freeway on new location The US 17 Hampstead Bypass may connect to the proposed Military Cutoff Road Extension at the existing US 17 Wilmington Bypass and extend to existing US 17 north of Hampstead These are currently five remaining alternatives under consideration The Service has been actively involved for several years in early coordination on this project uu-ough the combined NEPA/40,+ Meiger Piouesb, and many of our previous comments and recommendations are reflected in the DEIS The Service has helped narrow the range of reasonable alternatives and assisted in refining remaining alternatives The cover page of the DEIS incorrectly states that the Service is a Cooperating Agency Although the Service has participated in early coordination through the Merger Process for years, the Service was not formally requested to be a Cooperating Agency (as per 40 CFR Section 1501 6) nor has the Service participated in the preparation of the DEIS Page 2 29 states that a total right of way width of 250 to 350 feet is proposed for Hampstead Bypass Alternatives E H, O and R, and that a total right of way width of 250 to 520 feet is ptoposed for Alternative U This statement appears inconsistent with the Green Sheet project commitment Roadway widening improvements associated with Hampstead Bypass along existing US 17 in this area [in the vicinity of Holly Shelter Game Land] will not exceed a width RECEIVED Division of Highways United States Department of the Interior OCT 0 1 2011 Preconstruction FISH AND WILDLIFE SERVICE Project DevelopnIer a Raleigh Field Office Environmental Analysis aranch Post Office Box 33726 Raleigh North Carolina 27636 3726 October 5, 2011 ' Gregory J Thorpe, PhD Project Development and Environmental Analysis North Carolina Department of Transportation ' 1548 Mail Service Center Raleigh, North Carolina 27699 1548 Dear Dr Thorpe This letter is in response to your August 29, 2011 letter which requested comments from the U S Fish and Wildlife Service (Service) on the Draft Environmental Impact Statement (DEIS) for the proposed SR 1409 (Military Cutoff Road) Extension and proposed US 17 Hampstead Bypass, New Hanover and Pender Counties North Carolina (TIP No U 4751 and R -3300) These comments are provided in accordance with provisions of the National Environmental Policy Act (42 U S C 4332(2)(c)) and Section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U S C 1531 1543) For U 4751 the North Carolina Department of Transportation ( NCDOT) proposes to extend Military Cutoff Road as a six lane divided roadway on new location from its current terminus at US 17 (Market Street) in Wilmington north to an interchange with the US 17 Wihnington Bypass For R 3300 NCDOT proposes to construct the US 17 Hampstead Bypass as a freeway on new location The US 17 Hampstead Bypass may connect to the proposed Military Cutoff Road Extension at the existing US 17 Wilmington Bypass and extend to existing US 17 north of Hampstead These are currently five remaining alternatives under consideration The Service has been actively involved for several years in early coordination on this project uu-ough the combined NEPA/40,+ Meiger Piouesb, and many of our previous comments and recommendations are reflected in the DEIS The Service has helped narrow the range of reasonable alternatives and assisted in refining remaining alternatives The cover page of the DEIS incorrectly states that the Service is a Cooperating Agency Although the Service has participated in early coordination through the Merger Process for years, the Service was not formally requested to be a Cooperating Agency (as per 40 CFR Section 1501 6) nor has the Service participated in the preparation of the DEIS Page 2 29 states that a total right of way width of 250 to 350 feet is proposed for Hampstead Bypass Alternatives E H, O and R, and that a total right of way width of 250 to 520 feet is ptoposed for Alternative U This statement appears inconsistent with the Green Sheet project commitment Roadway widening improvements associated with Hampstead Bypass along existing US 17 in this area [in the vicinity of Holly Shelter Game Land] will not exceed a width of 200 feet in order to maintain connectivity between red - cockaded woodpecker foraging habitat partitions This commitment also appears on page 4 37 For red - cockaded woodpecker (RCW, Picocdes borealis) habitat east of US 17 to be counted towards the total habitat acreage within foraging partitions EC and 17, it is imperative that the total cleared area not exceed 200 feet Page 3 49 incorrectly states that green sea turtles (Chelonia mydas) do not nest in North Carolina Green sea turtles do sporadically nest in North Carolina in small numbers Page 3 49 also states Loggerheads occasionally nest on North Carolina beaches Actually, loggerhead sea turtles ( Caretta caretta) consistently nest in North Carolina Table 4 -7 on page 4 17 displays the impacts to certain preservation areas Especially problematic are the impacts to the Plantation Road Site This site contains several stems of the federally endangered rough leaved loosestnfe (Lysimachia asperulaefolia) Page 3 16 correctly states that the Plantation Road Site was, as per the conservation measures in the January 2002 NCDOT Biological Assessment (BA) and May 22, 2002 Service Biological Opinion (BO) for the 140 Connector (R 2405A), to be maintained as a preservation area for rough - leaved loosestrfe Alternatives M2 +0 and M2 +U would impact a large portion of the preservation site as well as a significant number of rough leaved loosestnfe stems The Service opposes these two alternatives Although the other alternatives would have much smaller impacts to this preservation area and may not directly impact rough leaved loosestrfe stems, the designs should be modified to further avoid or minimize impacts The Corbett Tract Mitigation Site, as per the aforementioned BA and BO, was, in addition to providing wetland mitigation, to also serve as a preservation site for rough- leaved loosestnfe At the time of the 2002 Section 7 consultation for the 140 Connector, this site had over 100 stems of rough leaved loosestrfe Although the M1 alternatives would only have small impacts to this site (0 08 — 0 58 acre) the Service strongly recommends refining the designs to further avoid or minimize these impacts Four of the five remaining alternatives would impact the Corbett Tract Residual Strip to some degree (0 27 — 3 55 acres) As per the conservation measures in the aforementioned BA and BO this area was to be utilized "as a buffer between the 140 Connector and adjacent rough - leaved loosestrfe clusters Although rough leaved loosestnfe is not known to occur within this area, impacts should be avoided or minimized in accordance with the intent of the conservation measures within the BA and BO Table 4 17 on page 4 -35 lists federally protected species by county Golden sedge (Carex lutea) is now listed in New Hanover County with a record status of probable /potential American chaffseed (Schwalbea amerccana) is incorrectly listed in New Hanover County It is actually only listed in Pender County as a historic occurrence Page 4 37 states ` It is anticipated that the USACE will request of the USFWS that formal consultation for red cockaded woodpecker be initiated after the least environmentally friendly damaging practicable alternative for the proposed project has been identified The Service believes it would be prudent to delay formal Section 7 consultation until at least after Concurrence Point 4A (CP4A) in the Merger Process when more refined design information is available If consultation were to begin prior to CP4A, it is likely that the RCW foraging habitat removal locations and extent would need to be repeatedly revised, thus necessitating re- initiation of Section 7 consultation Due to encroaching private development, the habitat for RCWs in the project area and the status of the RCW groups have changed significantly in the last few years and will likely continue to change As such, the Service strongly recommends that the timing of formal Section 7 consultation be carefully planned so as to avoid multiple re- mitiations It is very possible that biological conclusions may change within the next few years Page 4 -39 and Table 4 17 state that the biological conclusion for golden sedge (Carex lutea) is May Affect, Likely to Adversely Affect" The Service believes that this remains to be determined As stated in the DEIS, no specimens of golden sedge have been observed within the project area Although habitat is present, and the closely associated Cooley's meadowrue (Thalictrum cooleyi) is present the Service believes that more surveys are warranted If additional and appropriately timed surveys do not reveal any specimens of golden sedge, the Service would concur with a ` no effect conclusion for this species Pages 4 38 through 4 41 address the effects to Cooley s meadowrue (Thahctrum cooleyi) and rough leaved loosestrife (Lysimachca asperulaefolia) Given the disparate degree of effects to these species depending upon the alternative selected, graphics depicting the location of the known locations of these species in relation to the different alternatives would be helpful The Service would like to emphasize the serious and complex issues regarding the effects of this project to RCWs As the DEIS points out, the RCWs located in the adjacent Holly Shelter Game Land are part of the Coastal North Carolina Primary Core Recovery Population within the Mid - Atlantic Coastal Plain Recovery Unit The Service has diligently worked with NCDOT to refine the alternative designs to minimize the level of take on RCWs We acknowledge the efforts put forth by NCDOT to reduce the level of take on this species Based on current information it appears that the project will still result in a take of at least one active RCW group Given the fact that the Coastal Nor th Carolina Primary Core Population is still far from achieving its minimum size required for delistnig (350 potential breeding groups), the loss of even one potential breeding group is significant Additional coordination is needed to resolve this issue The Service appreciates the opportunity to review this project If you have any questions regarding our response please contact Mr Gary Jordan at (919) 856 4520 ext 32 Sincerely, Pete Benjamin Field Supervisor Electronic copy Chris Militscher, USEPA, Raleigh, NC Travis Wilson NCWRC, Creedmoor, NC iy United States Department of the Interior TAKE PRIDE 4RCH 3 18 OFFICE OF THE SECRETARY �NAMERIGA Office of Environmental Policy and Compliance Richard B Russell Federal Building 75 Spring Street S W Atlanta Georgia 30303 ER 11/881 9043 1 November 22 2011 Mr Brad Shaver U S Anny Corps of Engineers Wilmington Regulatory Office 69 Darlington Avenue Wilmington NC 28403 1343 Re Comments and Recommendations for the Draft Environmental Impact Statement (DEIS) for Improvements to U S 17 Hampstead Bypass New Hanover and Pender Counties NC Dear Mr Shaver The U S Department of Interior (Department) has reviewed the Draft Environmental Impact Statement (DEIS) for the proposed SR 1409 (Military Cutoff Road) Extension and proposed US 17 Hampstead Bypass located in New Hanover and Pender Counties North Carolina (TIP No U 4751 and R 3300) These comments are provided in accordance with provisions of the National Environmental Policy Act (42 U S C 4332(2)(c)) and Section 7 of the Endangered Species Act (ESA) of 1973 as amended (16 U S C 1531 1543) For U 4751 the North Carolina Department of Transportation ( NCDOT) proposes to extend Military Cutoff Road as a six lane divided roadway on new location from its current terminus at US 17 (Market Street) in Wilmington north to an interchange with the US 17 Wilmington Bypass For R 3300 NCDOT proposes to construct the US 17 Hampstead Bypass as a freeway on new location The US 17 Hampstead Bypass may connect to the proposed Military Cutoff Road Extension at the existing US 17 Wilmington Bypass and extend to existing US 17 north of Hampstead There are currently five remaining alternatives under consideration The Department has been actively involved for several years in early coordination on this project through the combined NEPA /404 Merger Process and many of our previous comments and recommendations are reflected in the DEIS The Department has helped narrow the range of reasonable alternatives and assisted in refining remaining alternatives The cover page of the DEIS incorrectly states that the Service is a Cooperating Agency Although the Service has participated in early coordination through the Merger Process for years US 17 Hampstead Bypass Project the Service was not fonnally requested to be a Cooperating Agency (as per 40 CFR Section 1501 6) nor has the Service participated in the preparation of the DEIS Page 2 29 states that a total right of way width of 250 to 350 feet is proposed for Hampstead Bypass Alternatives E H O and R and that a total right of way width of 250 to 520 feet is proposed for Alternative U This statement appears inconsistent with the Green Sheet project commitment Roadway widening improvements associated with Hampstead Bypass along existing US 17 in this area [in the vicinity of Holly Shelter Game Land] will not exceed a width of 200 feet in order to maintain connectivity between red cockaded woodpecker foraging habitat partitions This commitment also appears on page 4 37 For red cockaded woodpecker (RCW Picoides boi eahs) habitat east of US 17 to be counted towards the total habitat acreage within foraging partitions EC and 17 it is imperative that the total cleared area not exceed 200 feet Page 3 49 incorrectly states that green sea turtles (Chelonia mydas) do not nest in North Carolina Green sea turtles do sporadically nest in North Carolina in small numbers Page 3 49 also states Loggerheads occasionally nest on North Carolina beaches Actually loggerhead sea turtles (Caretta caretta) consistently nest in North Carolina Table 4 7 on page 4 17 displays the impacts to certain preservation areas Especially problematic are the impacts to the Plantation Road Site This site contains several stems of the federally endangered rough leaved loosestrife (Lysimachia asperulaefolia) Page 3 16 correctly ' states that the Plantation Road Site was, as per the conservation measures in the January 2002 NCDOT Biological Assessment (BA) and May 22 2002 Service Biological Opinion (BO) for the 140 Connector (R 2405A) to be maintained as a preservation area for rough leaved loosestrife Alternatives M2 +0 and M2 +U would impact a large portion of the preservation site as well as a significant number of rough leaved loosestrife stems The Department opposes these two alternatives Although the other alternatives would have much smaller impacts to this ' preservation area and may not directly impact rough leaved loosestrife stems the designs should be modified to further avoid or minimize impacts The Corbett Tract Mitigation Site, as per the aforementioned BA and BO was, in addition to providing wetland mitigation to also serve as a preservation site for rough leaved loosestrife At the time of the 2002 Section 7 consultation for the 140 Connector this site had over 100 stems ' of rough leaved loosestrife Although the M 1 alternatives would only have small impacts to this site (0 08 — 0 58 acre) the Department strongly recommends refining the designs to further avoid or minimize these impacts ' Four of the five remaining alternatives would impact the Corbett Tract Residual Strip to some degree (0 27 — 3 55 acres) As per the conservation measures in the aforementioned BA and BO ' this area was to be utilized as a buffer between the 140 Connector and adjacent rough leaved loosestrife clusters Although rough leaved loosestrife is not known to occur within this area, impacts should be avoided or minimized in accordance with the intent of the conservation ' measures within the BA and BO Table 4 17 on page 4 35 lists federally protected species by county Golden sedge (Cal ex lutea) ' is now listed in New Hanover County with a record status of probable /potential American 2 US 17 Hampstead Bypass Project chaffseed (Schwalbea amei icana) is incorrectly listed in New Hanover County It is actually only listed in Pender County as a historic occurrence ' Page 4 37 states It is anticipated that the USACE will request of the United States Fish and Wildlife Service (USFWS) that formal consultation for red cockaded woodpecker be initiated after the least environmentally friendly damaging practicable alternative for the proposed project has been identified The Department believes it would be prudent to delay forinal Section 7 consultation until at least after Concurrence Point 4A (CP4A) in the Merger ' Process when more refined design information is available If consultation were to begin prior to CP4A it is likely that the RCW foraging habitat removal locations and extent would need to be repeatedly revised thus necessitating re initiation of Section 7 consultation Due to encroaching ' private development the habitat for RCWs in the project area and the status of the RCW groups have changed significantly in the last few years and will likely continue to change As such the Service strongly recommends that the timing of forinal Section 7 consultation be carefully , planned so as to avoid multiple re initiations It is very possible that biological conclusions may change within the next few years Page 4 39 and Table 4 17 state that the biological conclusion for golden sedge (Carex lutea) is May Affect Likely to Adversely Affect The Department believes that this remains to be determined As stated in the DEIS no specimens of golden sedge have been observed within the , project area Although habitat is present, and the closely associated Cooley s meadowrue (Thalictrum cooleyi) is present the Department believes that more surveys are warranted If additional and appropriately timed surveys do not reveal any specimens of golden sedge the ' Department would concur with a no effect conclusion for this species Pages 4 38 through 4 41 address the effects to Cooley s meadowrue (Thalictrum cooleyi) and rough leaved loosestrife (Lysimachia asperulaefolia) Given the disparate degree of effects to these species depending upon the alternative selected graphics depicting the location of the known locations of these species in relation to the different alternatives would be helpful We would like to emphasize the serious and complex issues regarding the effects of this project to RCWs As the DEIS points out the RCWs located in the adjacent Holly Shelter Game Land are part of the Coastal North Carolina Primary Core Recovery Population within the Mid Atlantic Coastal Plain Recovery Unit The Department has diligently worked with NCDOT to refine the alternative designs to minimize the level of take on RCWs We acknowledge the efforts put forth by NCDOT to reduce the level of take on this species Based on current information it appears that the project will still result in a take of at least one active RCW group Given the fact that the Coastal North Carolina Primary Core Population is still far from achieving its minimum size required for delistmg (350 potential breeding groups) the loss of even one potential breeding group is significant Additional coordination is needed to resolve this issue We appreciate the opportunity to review this project If you have any questions regarding our response I can be reached on (404) 331 4524 or via email atloyice stanle(i,ios doi gov US 17 Hampstead Bypass Project cc J --rry Ziewrtz — FWS Gary Jordan FWS f renda Johnson USGS David Vela — NPS 7 ommy Broussard — BOEM OEPC — WASH Sincerely Joyce Stanley MPA Regional Environmental Protection Assistant for Gregory Hogue Regional Environmental Officer 0 North Carolina Department of Administration Beverly Eaves Perdue Governor November 15, 2011 Ms Olivia Farr N C Department of Transportation Transportation Building 1548 Mail Service Center Raleigh NC Dear Ms Farr Moses Carey Jr, Secretary Re SCH File # 12- E4220 -0061, DEIS, Military cutoff extension from US 17 (Market Street) to the proposed 1 -140 in New Hanover County & US 17 bypass of Hampstead in New Hanover & Pender counties The above referenced environmental impact information has been submitted to the State CIearinghouse under the provisions of the National Environmental Policy Act According to G S 113A -10 when a state agency is required to prepare an environmental document under the provisions of federal law the environmental document meets the provisions of the State Environmental Policy Act Attached to this letter for your consideration are additional comments made by agencies in the course of this review If any further environmental review documents are prepared for this project, they should be forwarded to this office for intergovernmental review Should you have any questions please do not hesitate to call Sincerely William E H Creech Attachments cc Region O Wading Address Telephone (919)807 2425 Location Address 1301 MaiI Service Center Fax (919)733 9571 116 West Jones Street Raleigh NC 27699 1301 State Courier #51 -01 00 Raleigh North Carolina e marl state clearinghouse @don nc gov An Equal Opportunity/Affirmative Action Employer NORTH CAROLINA STATE CLEARINGHOUSE DEPARTMENT OF ADMINISTRATION ' INTERGOVERNMENTAL REVIEW COUNTY NEW HANOVER F02 HIGHWAYS AND ROADS STATE NUMBER PENDER DAVE RECS IVED ' AGENCY RESPONSE REVIEW CLOSED ' MS SUSAN DECATSYE CLEARINGHOUSE COORDINATOR DEPT OF AGRICULTURE 1001 MSC - AGRICULTURE BLDG RALEIGH NC REVIEW DISTRIBUTION CAPE FEAR COG CC &PS - DIV OF EMERGENCY MANAGEMENT DENR - COASTAL MGT DENR LEGISLATIVE AFFAIRS DEPT OF AGRICULTURE DEPT OF CULTURAL RESOURCES DEPT OF TRANSPORTATION PROJECT INFORMATION APPLICANT N C Department of Transportation TYPE National Environmental Policy Act Draft Environmental Impact Statement 12 -E- 4220 -00( 09/07/2011 10/25/2011 10/30/2011 DESC Military cutoff extension from US 17 (Market Street) to the proposed I -140 in New Hanover County & US 17 bypass of Hampstead in New Hanover & Pender counties CROSS- REFERENCE NUMBER 06 -E- 4220 -0107 The attached project has been submitted to the N C State Clearinghouse for intergovernmental review Please review and submit your response by the above indicated date to 1301 Mail Service Center Raleigh NC 27699 -1301 If additional review time is needed please contact this office at (919)807 -2425 AS A RESULT OF T IS REVIEW THE FOLLOWING IS SUBMITTED F] NO COMMENT ' fSIGNED BY DAT ElCOMMENTS ATTACHED E trti f,�`r 2��1 ✓;� r � Steven W Troxler North Carolina Department of AgnculWre Vemon cox commbsloner and Consumer Services Enkironmental Programs Agricultural Services speaalrst Ms Sheila Green October 31 2011 State Cleannghouse N C Department of Administration 1301 Mad Service Center Raleigh North Carolina 27699 -1301 State # 12 -E- 4220-0061 RE Proposed extension from US 17 to the proposed 1 140 in New Hanover County and US 17 bypass of Hampstead in New Hanover and Pender Counties Dear Ms Green Thank you for the opportunity to comment on the proposed extension from US 17 to the proposed 1 140 in New Hanover County and US 17 bypass of Hampstead in New Hanover and Pander Counties The North Carolina Department of Agnculture and Consumer Services (NCDA&CS) is concemed about the conversion of North Carolina a farm and forest lands to other uses Due to the importance of agnculturaal activities in the area as well as the economy of the entire state NCDA&CS strongly encourages the project planners to avoid conversion of agncultunal land to other uses whenever possible When avoidance is not possible all reasonable efforts to minimize Impacts to farming operations and agricultural land should be implemented e lly Vemon Cox Environmental Programs Speclallst f / ♦. 1 �' t1Cd 211 � E -mall. Vemon cox®ncaw go„ 1001 Mail Serv= Cerrter Raleigh North ceroWa 27699.1001 (919) 707 3070 • Fax (919) 716 -o105 TTY 1-80x735 -2962 Voice 1- 877 7354200 An Equal Opportundy Affim'sWe Action Employer North Carolina Department of Administration Beverly Eaves Perdue, Governor Moses Carey, Jr , Secretary November 7, 2011 Ms Olivia Farr N C Department of Transportation Transportation Building 1548 Mail Service Center Raleigh, NC Dear Ms Farr Re SCH File # 12- E4220 -0061, DEIS, Nblitary cutoff extension from US 17 (Market Street) to the proposed 1 -140 in New Hanover County & US 17 bypass of Hampstead in New Hanover & Pender counties The above referenced environmental impact information has been submitted to the State Clearinghouse under the provisions of the National Environmental Policy Act According to G S 113A -10 when a state agency is required to prepare an environmental document under the provisions of federal law, the environmental document meets the provisions of the State Environmental Policy Act Attached to this letter for your consideration are the comments made by agencies in the course of this review If any further environmental review documents are prepared for this project, they should be forwarded to this office for intergovernmental review Should you have any questions, please do not hesitate to call Attachments cc Region O Sincerely G' William E H Creech ' Malling Address Telephone (919)8071425 Looadon Address 1301 Mail Service Center rax (919)733 9571 116 West Jones Street Raleigh N( 27699 1301 StateCouner #51 -01-00 Raleigh NorthCaroltna e-mil statexleartnghouse@a doa nc,gov An Equal Opportundy/Affirmative Action 8mployer A "' , 0 0 Lv o-2 w4j NCDENR Norrh ( ,rt)itit ixi),itminr of rnwonnu ni lnd Nacuril Rtr%()tli(t, 6 %ell\ i tt,e P 1111 i )s J rLti in ( if$ 1711+ '%l�i r.n I El DRj-- D,7 TO zeke Crcech State Clearira -ouse FROM Melba McGee � Pio7ect Pevlcw Coordinator PE 12 0061 DEIS propo-crd SF 1409 Ertens_on and US .7 Imp -o ements it Pie% Hanoaei and Pender counties D, "-E Octooer 26 2011 'rhe Department of En-, ironment and Natutal Resources has ieviewed the proposed pro)ect The department asks that the Department of Transportation continue to work directly with our commenting agencies during the NEPA Merger Process a ^a take all practicable measures to minimize e- vironmental impacts This will help a oid delays at the permit phase Trark ,c- for the op>vcrt3ni,,4 to ccnmcrt on this oro,ect Attachments b01 Mail Semice C-nte Ralcig+- Nogl C irotina 27699 160, 'n t. CaI'012na Phont 9 9 707 -8G, 4 i interret rti(' 1 port it ncden C o ���j������ p�, -R. Fau0,'I 7 , — � S -,-, r w i l/ sJj/ 10/19/2811 16 51 9195289839 PAGE 63 10 Norffi Carolina Wildlife Resources Comnussion Gordon Myers, Excamive Durctor M MORAMUM TO Melba McGee Wee ofLeglsU&e and Intergovernmental Airs, DENR FROM Trams Wilson, Highway Project Coordmatorr Habitat Conaavation Program -�'- DATE October 19, 2011 SUBJFCT North Carolina Department of TrarSpo =on (NCDOT) State Draft BWAMnmental Impact Statematt (DW for the proposed SR 1409 extensw a and the proposed improvenwO to US 17 m New Hanover and pander Countie$, North Carobna. 'ZIP Nos. U-4751 and R-3300 SCH Project No 12-0061 Staffbiologrsts with the N C Wildlife Resources Comau don have renewed the subject DEIS and are famthar with babitat values to the project anm The purpose of this review was to assess projoct impacts to fish and wildlife resources Our cone cuts are provided in accordance with certain provisions of the National Eavh*nmenW Policy Act (42 U.S C 4332(2Xc)) and the Fah and Wildlife Coordination Act (48 Stat. 401, as amended, 16 U S C 661 -667d) Two protects }nave been combined and are included m the DEIS For project U-4751 the NCDOT as proposes to extend Mihtmy CatoffRoad from Market Street to the US 17 Bypass, and R -3300 coast of unprovrmen to US 17 fibm the axial US 17 Bypass north to mchide a bypass of Hampstead. The projects are bemg plamied under die NEPA/Sectrou 404 Meier 01 process WRC is represented m thus process and comments provided in conjuacdon with this process have been docurnented. However the impacts associated with the remammg alternatives WO sobMa tiai OW ccntuuied efforts to avoid and minimize impacts are necessary Specuic nupects of conom are Impacts to the Corbett and Plan tJon Road imtigabon saes, these sites and aanoaiate tracts provide compensatory tmtigabon as weU as serve as ewwarvatwn area= for sensitive plants species. Not WY &M duect impacts to tike sites aconcern, but" indnccc impacts resulting ftom road sad development ptnigadty that may ft fter lent the Nwft Adduss Dn-Won of I4tnd FiAAAi nes • 1721 Mail Sua N7699 -1721 evCr gel, Telaplroaie• (919) 707 -0720 • Fax (919) 7074028 10/19/2011 1s 51 9195289839 11-4751 and R 3300 Page 2 00mber 19 2011 ability to mame these saes. impacts to the areas should be avoided or fm*a mini =C& PAGE 04 1 a DHW unpam to Holly Shelter Game lod have best avoided, however in&u mspacts as a result of conch uctung these tmproveinents in dose pmxrauty to Holly Sheltar may re ma the ability for WRC to manage portcons of this area with prombed burmng, this issue is not mationed in the mdjcw and cumtdative effects section of the docwnea►t. e impacts to the Ra coobded Woodpecker gUoulm borealis) continue to be assessed, co=uad coordmat m should halt in the further redtit tm of unpacts to RCW habitat • Stream and wetland tmpwa with all nmaium WWmodve:a are uyn fimt, howe:m We anttcipate fbrthar svokiam and nanr m zetion of those tasomm This pm *a will a=tmue to go &=Sb the NFPA/Section Merger process, and additional agency coordumon vnU occur through the remammg cone Lure ce pouots Thank you for the opporttmity to commemt. if we can be of further asaistame please call me at (919) 528- 9886 W Gary Jardan, USFWS David Wafin mA DWQ Brad Shaver, USACB Chas Mthud ier, EPA PdCDEMR t A C i olyn -i Oc -)aif 1f et f Ennui niw nt and PC-'-U?,-b" G s say ^r C r' J 13 it r OLtober 13 2011 N11 NIORANDUNl C &� rf° ors To Nltlba Md wm. I ns lroniritntal ( ixvdinakor Of1iLt of I t6glo- 1a11M. and (nitrgaVLrnmtntal Adair% From DiN id 1t ainw rto ht Di% twin of %t attr Qualit% ( Lntrrrl Ofiite'l j`� Subjeu Ct)itlmLitt, Lin tit- Draft Ln� imnmLittal Impact %tatLlitent rLl ttLd to proposed SR 1409 NIIit 1rs ( uto11 Road) Lktt i ion and thL propo,Ld I lamp-it. id Bxp Iss WS 17) Nems ' Hano%Lr 1lul PLndLr C oirnllLS %tatL Prof Let No 4091 1 2 11 I's It 0 +00 ind 11 47:) 1 SlatL C ItaringhousL Pru_jttt No 12 0061 This of Iict has rcN It%Ntd tht rehrented dos. uint.ni d ited JuI\ 301 1 l ht NC Di\ i%ion of \%,itLr Qualit% (M DWQ) is ri sponsihlL for thL issuanLt of tht Scttion 401 Wattr Qualit-, ( ertification for 74.tt. sites ill it impact WAILrs of thL t % includi%. ntildnds it Isom undLrstandin,p ilia( ills pro iLu as prc,Lnttd u ill ' result in impaLts to juri,diLtlon tl \sttlands stre aria Ind od1Lr surfau .caters N(D11 Q ofTLr, thL tollo%%ivi. Lomments hasLd on rtt ittt of thL ifort-ntntioned dotumuit ProJtct Specific Comments I This project is being planned a, pdri of ill,. 404; NEPA MLrgLr ProLL,e As a part it. tpating tram mtmbtr NC D%VQ %s ill continuL to work ►\ ith (lie it, tin Rt\ tea of tht proJLLi rt%eals thL prtst.nce of surtaLt % %,IlLr, Llas-.i iLd a. SA Huh Qualm «aters of tilt Stan in the pr(IJLLt Stud% area I his I, ont of the IIIgh0.%1 Llas,rhLltions for waiLr quaht% Pursu~1nt to 1)A N( A( 211 1006 and 15A 1~C AC 213 0224 v( DO r s, if ht %gUiNd to obtain -i State %tor mNattr N mut prior to wnstrucaon s wLpt ni `north Carolina Loa,tal Lountics RL%IC" of the projeo the prLstncL of surfaLL staters cla %,ifiLd as S \ Outstanding RLsource It atLrs of tht State Ili thL project stud\ arty i Inc ,.%attr quaht\ classification of SA QRW is onL of thL highest cla,sl(itauons In thL StatL 1 he NC DWQ is Lxtrtinels concerned it ith an) inipatis that nias OLrUr to strt -ams %% ith this classification It is pmfttrcd that three rtsource% tit- a%oidtd if at all possiblL 11 it Is not possihlt to void thLSc rtsourtts tilt impact, should he ininlm17ed to tlic itrtattst LVtiti passiblL (it%L n tilt patLniiaf for intpactti to thLSt rL,otirLes luring dat projtLi mpltnlLm 111011 C 1)1� (l rL tµlLits sn9t fsiChOT striL % -idhtrL to lonh Carolina meulatit ns tnitilLd I )Lsti; i Stand trds m Ser.itis t 11' utr,hcds 0 `ANC 1C OIL' 0134) throughout ilesic:n .and uonsit ILUOn of tilt projt _t Pursu ant to I { \ NCAC 2I l I(P)and 15A NCAC -11 (122.1 ra is z aWr a °a 1. 'Ytr ' IVi0 M i� Sevre N r 1110 yn Nvv Qv On ci " Xi %51 P'mme k t� & i U+ 15 fn i^ irr ' LdtL nk'bZ�27 FYPr " trz, tips?pt One NarthCarohna ,,,1J7f't11ra1J1f 4 It is stated that there are no waters in the project area that are listed on the 303(d) list However, it is not stated from which 303(d) list this mformation was derived This should be based on the most recent list, which would be from 2010 The 2010 303(d) list has all waters in the state listed as impaired based on a statewide fish consumption advisory die to elevated mercury levels. If the 2010 list was not used there may be other listings that are not included in the document, this information should be verified 5 Section 31 (Human Environment) makes reference to a Qualitative Indirect and Cumulative Effects Assessment dated June 2009 The NCDWQ has not had a chance to review thts information and requests a copy of the Assessment 6 The NCDWQ encourages the NCDOT to investigate any potential for onsite mitigation to offset the impacts of the project The "Travel Demand Management" (TDM) section concludes by stating that "TDM improvements would not add new lanes or provide alternative routes or means of travel to existing roadways " The Purpose Statement for the project does not specifically state that adding new lames, providing alternative mutes, or adding means of travel within the project area are the purpose of the project With respect to TDM the focus would be reducing traffic, especially dunng weekday peak travel times With a reduction in traffic, the safety should increase on Market Street and the reduction in traffic would also reduce the need to increase the carrying capacity ofthe street. However TDM is based on enough employers allowing such flexibility in work schedule combined with enough employees partaking of the flexibility It is doubtful that the combination of the two would reduce traffic enough such that a noticeable decrease in crashes and traffic would occur General Comments: 8 Appropriate mitigation plans will be required prior to issuance of a 401 Water Quality Certification 9 Environmental impact statement alternoves should consider design cntena that reduce the impacts to streams and wetlands from storm water runoff These alternatives should include road designs that allow for treatment of the storm water runoff through best management practices as detailed in the most recent verston of NCDWQ's &ormwater Best AfanMeasem Practices U n =4 July 2007, such as grassed swales, buffer wcas, preformed scour holes, retention basins, etc 10 After the selection of the preferred alternative and pnor to an issuance of the 401 Water Quality Certification, the NCDOT is respectfully reminded that they anll steed to demonstrate the avoidance and mmunaawn of impacts to wetlands and streams to the maximum extent practical In accordance with the Environmental Management Commission's Rules (I SA NCAC 2H 0506[h]), mitigation will be required for impacts greater than 1 acre of wetlands or impacts to more than 150 fed of any single junsdnctonal stream In the event that mitigation is required, the mingatioan plan should be designed to replace appropnate lost functions acid values. The NC Ecosystem Enhancement Program may be available for use as wetland mitigation 1 I >'utun documentation, including the 401 Water Quality C lifieaton Aliplicattun. should continue to include an stemmed h9mg of the proposed wetland and stream impacts with corresponding mapping 12 The NCDWQ is %cry concerned with sediment and erosion impacts that could result from this project The NCDOT should a ldress these concerns by descnbmg the potential unpat is that may occur to the quit c cnviro nmi. its at d any mthp mg I ►clots that a +uld educe the in«act 13 The NCDOT is respectfully reminded that all impacts, including but not limited to bridging, fill excavation and clearing, and np rap to junsdictional wetlands streams, and riparian buffers need to be included in the final impact calculations These impacts, in addition to any construction impacts, temporary or otherwise, also need to be included as part of the 401 Water Quality Certification Application 14 The 401 Water Quality Certification application will need to specifically address the proposed methods for stormwater management More specifically, stormwater should not be permitted to discharge directly into streams or surface waters 15 Based on the information presented in the document, the magnitude of impacts to wetlands and streams may require an Individual Permit (iP) application to the Corps of Engineers and corresponding 401 Water Quality Certificatton Please be advised that a 401 Water Quality Certification requires satisfactory protection of water quality to ensure that water quality standards are met and no wetland or stream uses are lest. Final permit authorization will require the submittal of a formal application by the NCDOT and written concurrence from NCDWQ Please be aware that any approval will be contingent on appropriate avoidance and minimization of wetland and stream impacts to the maximum extent practical the development of an acceptable stormwater management plan, and the inclusion of appropriate mitigation plans where appropriate NCDWQ appreciates the opportunity to provide comments on your project Should you have any questions or require any additional information, please contact David Wainwright at (919) 907 -6405 cc Brad Shaver US Army Corps of Engineers Wilmington Field Office Chns Mditscher, Environmental Protection Agency (electronic copy only) Travis Wilson, NC Wildlife Resources Commission (electronic copy only) Steve Sollod, Division of Coastal Management Mason Herndon, NCDWQ Fayetteville Regional Office File Copy Seveerly Eaves Peitiae Governor M1 FROM ccENtt North Carolina Department of Ent and Natural Resources 1M Won of Coastal Menegsniffii MEMORANDUM Melba McGee, Environmental coordinator NCDENR Office of Legislauve & IniagovunineaW Affairs Steve Sollod, DCM 'Transportation Project Coordinator *' CC Doug Fiuggett, DCM Brad Shaven, USAGE Gregory J Thorpe, NCDOrT DATE October 19, 2011 SUBJECT State Clearinghouse Review Dee Frtserrian smhvp Draft Euvuvnn ntal Impact Stater umt. Comments proposed SR 1409 (Military Cutoff Road) Extension and Proposed US 17 Hampstead Bypass, New Hanover and Pender Counties. TIP Projects U-4751 and R -3300 Project Review No 12-0061 The North Carolina Division of Coastal Management (DCM) teas reviewed the Draft Envwomneatal impact Statement of the above rGferenc ed project, which was submitted to the NC State Clearinghouse for tntagoveruietital review Cosimem on this envuoamett, - document were also requested by the NC Department of Transportation (NCD= and the US Army Corps of Engineers ( USACE) DCM is responding to the NCDOT and USACE by copy of this rac morandum. we appr+ecute ft opportunity to review this doci aunt and provide continents retative to the NC Coastal Management Program Upon review of the document we offer the following comments DCM has concluded that the proposed project will not impact a Coastal Area Management Act (CAMA) Area of Environinuital Concert (ABC) as defined by the roles of the NC Coastal Resources Commission. Therefom the proposed project will not require a CAMA Permit. It is correctly stated that the project will require a Federal Consistency Detacminatioa As a point of clariftcatmm the appliew (NCDOT) is required to evaluate the proposed project and certify to DCM and USACE that the project is consistent with the NC Coastal Mamgeme t Program 'This Consistency Certification includes a review of the state's coastal program (mcludmg the applicable CAMA >L. and Use Plans) and contains an analysis desmibmg how the proposed project would be consistent, to tic maxim= extent feasible, with the state's enforceable coastal policies as mandated by the requirements of Federal Consistency (15 CFR 930). No federal house or permit shall be issued by a fedesl agency until the requireamats of Federal Consistency have been satisfied. DCM, wdl issue a public notice and cirwlate U4751 and R 3300 2 Draft EIS Comments the Consistency Certification with its accompanying supporting documentation to state agencies with potential interest in the project. Upon an internal review of NCDOT's written analysis of how the piojea is consistent with the NC Coastal Management Program and the comments rem ved, DCN will etcher concur with NCDOT's Consistency Determination or find that the project is riot consistent The Final EIS should include an analysis of the project under Federal Consistency (15 CFR 930) 4J.%I.l Wells Alternative M2 would impact an additional two existing CVe Fear Public Utility Authority well sites than alternative MI M2 would also impact sevexel anticipated futum Cape Fear Public Utility Authority well sites The future well sites were selected based upon aquifer aocd:.s6, anticipated ytelds, and areas which protect well heads from contamination R Is estimated that up to six million gallons Per day of future New Hanover, County water capacity could be lost if ahetmative M2 is selected. Perhaps Table 2 -3, Comparison of Currant Detailed Study Alternatives, should include the "Public Water Supply Wells" feature to reflect the difference in alternatives M 1 and M2 M"I = uialeasl Bvoaas TJeal Sedtlossa ' DCM is concerted with the large amount of wetland impacts of the project The proposed alternatives E-H, O, and R, from the US 17 Wilmington Bypass to NC 210, ale configured with six 12 -foot lames Based upon NCDOT's traffic projections, six laces are required to accommodate future traffic volume in ' this section. Them is no indication whether these projections accounted for seasonal fluctuation due to beach traffic. Only fwu lanes ace proposed for the section from NC 210 to the extatmg US 17, in order to minimize RCW habitat impacts Both of than sections are proposed with a 46 -foot median and 14- foot outside shoulders. The proposed design includes 14 -foot inside shoulders for alternatives E-H, O, and R, from the US 17 Widmizigton Bypass to NC 210 N six lanes coma be reduced to four lance to reduce wetland impacts, perhaps the medium and/or shoulder widths could be reduced Aecw%Wg to NCDOT'a Roadway Design Manual, it appears that die use of a 22+ width median with concrete barrier on new location or widening projects shay be used for those freeway projects that have sipifieant environmental constraints that prohibit or restrict the use of the 461 or wider median NCDOT's Roadway Design Manual also appears to indwite that freeways may use 10 -Foot shoulders or 12 -foot shoulders when tau& DHV exceeds 500 Perhaps the shoulder widths could be reduced. The reduction in median and/or shoulder widths can go a long way to reduce wetland impacts 4A2 -yidus" of CumHktft" Effects Refers is made that the use of Best Management Practices will minimize advese effects in areas of ' envb+onntental concern. Rather than the term "arm of environmental concern", the term "surface waters" or "water bodies ", should be used as a more actuate term, as "areas of environniental concern" is terminology used by DCM as specially designated areas not occurring in this project s study area» ' = Md Smte Crawl Rddlk NC VOWIGN iV �rAiO /; Phone 9iA�33��l831fAx. tH9a33�1�96 N�aC +eWw �.�� =��1�� MEgW4pWj AMmWxAdW V ## U-4751 and R -3300 3 Draft EIS Comments er Agmc!v 92Lr—dIOxdQA A list of federal, state. and local agencies indicates vnth an asterisk (*) which agencies provided comments to the project scopmg letteL DCM is not indicated as having provided scoping comments It should be noted that DCM provided scoptng comments in response to the request for comments from the NC State CWritghouse for Intergovernmental Revww Those comments are attached to this document and should be included in the Final EIS We hope that you fund these comments helpful If you have any questions or concerns, please contact me at (419) 733 -2243 x 230, or via e-maeH at a-m siib odOno eov Thank you for your consideration of the North Carolina Coastal Management Program. I= Ma11 Sa%ft CoW Raley, W x OW1638 PW* 919?33=%FAX. 9W334495 IBM* wwwJto M ft" opparal�r1A10roeI�wllcfoaEa +pease ria&W ` i NCDENR North Carofina Dent of Environment and Natural Resources ' Division of Coastal Management WWI F E.adey Gocemor Charles & Joint:, Dlr WIfle n a Ross Jr Serelwy MEMORANDUM TO Melba McGee. NCDENR FROM Steve Sollod, DCM DATE October 18, 2005 ' SUBJ= Military Cutoff Road Extension from US 17 (Market Street) to the Proposed I.140 in New Hanover County and the US 17 Bypass of Hempstead m Now Hanover and Pander Counties, WBS Element 4019111 and 40237, TIP Projects 0-4751 ' and R-3300, Project Review No 06-0107 The North Carolina Division of Coastal Management (DCM) has reviewed the scoping letter of the above refta+enood project, which was 3ubtmtted to the NC State Clearinghouse for ' intergovernmental review We offer the following comments, which should be considered in preparation of an environmental document. i 1 A determination of consistency with the North Carolina Coastal Management Program may be required for ties project Because North Carolm's Coastal Management Program is Fedemlly approved, a number of activities are required to comply with the program's enforceable policies even if those activities do not require Coastal Area Mannomnent Act (CAMA) permits under State law This "Federal Consistency" authority exists under the federal Coastal Zone Management Act, It applies to any activity that is in the coastal zone, ' or affects any hard use, water use or any natural resource within the coastal zone (even N the activity occurs outside of the coastal zone), if the aeuvity- is a Federal activity; requires a Federal license or permit, receives Federal money, or is a plan for exploration, development or production from any area leased under the Outer Continental Shelf Lands Act. Such projects must comply with the key elements of North CaroloWs Coastal Mkt Program. Federal Consistency requires that the applicant certify to tine federal agency and DCM ' that the proposed aubvity will be condthcted in a meaner that is consistent with the State s cowl merit programm, Ibis coansterrey certification includes a review of the State's coastal program and contains an analysis dombing how the proposed project would be consistent, ' to the mmumum extent feasible, with the State's enforceable coastal policies as mandated by the requirements of Federal Consistency (15 CM 930) and North Carolina Executive Order #I5 Information pertaining to the consistency should be included in the errvmm�mentai document ' 400 Came= Avme, Idomhead qty, Pandit Ctuolita 28557 -X21 Raw 262 - 808.2$081 FAX 262-247-M 1 Internet. awrw =own rang mectt.r*I An tlppalr*tAFIafW aA*ftF.mOgw -60% lt0%PastCOIw Paper Page 2 2. All applicable CAMA Land Use Plans should be reviewed and the project evaluated against the enforceable policies of these plans This evaluation is a part of the Federal Consistency requirements and this information should be included in the environmental document 3 The proposed project may impact CAMA Areas of Envsmnmcntal Concern (AECs) in the project study area In this case a LAMA Major Development and/or Dredge & Fill Permit may be required for the project. A fornial DCM review of the project to determine consistency with the State's Coastal Management Program will not occur until a CAMA Major Development Permit application is received At that tune, the CAMA Major Development Past application will be circulated to the State agencies with an interest in the proposed projed for review and comnient. 7be consideration and incorporation by NCDOT of the comments received during the NEPA/4W MagW Process into the final project design should help to expedite the CAMA Major Development Permit application review process 4 DCM's GIS -based wetland inventory and mapping program provides wetland data that can be used to improve wetland avoidance~ minimization, alternatives analysis, impact assessment, and mitigation site searches DCM's GIS -based wetland maps and data may be included by DOT within the environmental document. for this project. The GIS based wetland maps and data are available through DOrs Geographic Information Systems Unit located at the C ntury Center on Birds Ridge Road in Raleigh DCWs GIS based wetland mve:trtory and mapping program includes three wetland inventory and assessment tools available for the coastal area. a. Wtdmd tvoc dwL This data can be used early in the planning process to avoid and minimize impacts to wetlands and specific wetland types to estimate project impacts, and to estimate nudgation needs b Wetland BMILONLOWUMM data (NC &A—MM . This data can be used to refine the road digntnetit to avoid the most ecologically significant wetlands that contribute most to their wateislied's health. c This data can be used to locate mitigation sites We hope that you find these comments helpful and that they will be addressed during planning and preparation of the environmental document for this project. During future interagency projecx coordination and review, DCM may have additional comments cm the project, and may place conditions an the consistency determination or CAMA permit to minimize any impacts to exiMW resoureos The won provided in this letter shall not preclude DCM from r.p.W.g additional sdwination throughout the interagency prajed coordination ad. review prooeess, and following normal consistency review procedures. If you Have any questions or concerns please contact me at (919) 733-2293 x 230, or via e-mail at gM QeltodRnamaii.net Thank you for your consideration of the North Carolina Coastal Mmtiagemeizt program. COUNTY NEk HANOVER IPENDER NORTH CAROLINA STATE CLEARINGHOUSE DEPARTMENT OF ADMINISTRATION INTERGOVERNMENTAL REVIEW F02 HIGHWAYS AND ROADS STATE NUME.SR 12 -E- 4220 -0061 DATE RECEIVED 09/07/2011 AGENCY RESPONSE 10/25/2011 ` REVIEW CLOSED 10/30/2011 t MS RENEE GLEDHILL - EARLEY t 4 e CLEARINGHOUSE COORDINATOR DEPT OF CULTURAL RESOURCES _...• -� L k- STATE HISTORIC PRESERVATION OFFICF MSC 4617 - ARCHIVES BUILDING tx�1�j4 RALEIGH NC iREVIEW DISTRIBUTION � / �s loll CAPE FEAR COG tt � "� CC &PS - DIV OF EMERGENCY MANAGEMENT DENR - COASTAL MGT DENR LEGISLATIVE AFFAIRS DEPT OF AGRICULTURE �) f DEPT OF CULTURAL RESOURCESy C1 DEPT OF TRANSPORTATION ' PROJECT 1IMfMTION APPLICANT N C Department of Transportation TYPE National Environmental Policy Act ' Draft Environmental Impact Statement DESC Military cutoff extension from US 17 (Market Street) to the proposed I -140 in New Hanover County & US 17 bypass of Hampstead in New Hanover & Pender counties ' CROSS- REFERENCE NUMBER 06 -E -4220- -0107 The attached project has been submitted to the N C State Clearinghouse for intergovernmental review Please review and submit your response by the above ' indicated date to 1301 Wail Service Center, Raleigh NC 27699 -1301 If additional review time is needed, please contact this of ce at (919)807 -2425 AS A RESULT 0 HIS REVIEW THE FOLLOWING IS SUBMITTED NOICENT � COMMENTS ATTACHED SIGNED BY y t DATE V-1—Z 0 1 A ^mot ' SE' 12 211 NCDENR North Carolina Department of Environment and (natural Resources Office of Conservation, Planning, & Community Affairs Be erly Eaves Perdue Governor Linda Pearsall, Director Dee Freeman Secretary OL►nhLr ltd 2011 NIENIOR kNQ1 NI TO tvlelha ylcGee- Dl NR I n%rronmt.nt it ( oordinatur 1 ROM I i Irr. I LY►r u1d N-itur tl I Icrltagi, 11rogr tai V 13.11 ( I [hilt i ii Propo,Ltl tiR 1409 (\I1111 LA ( UlOITI(ChId) I VLn -0 ion tnd Propow d lI� 17 11 imp %w--id Bypa.. NL'A I l inoxtr Ind Kridur eounut-s Rl I I RI NIcF 124)(lftl 1 his proJCLt IIkLh 'A Ill LUNI, e-on.rckr ihlL Lm irtlnnlLnt ll impacts to xwl -inds %%IldliIL habitat r-irL SPLLiL. Ina pouthlc natural art a. \11m ai thLSt. imp ILt.'A111 RON bi SLLondir} IN -I result of habit it fr►gmLitt toon through placLML111 n1 1 I1111IILd 9CLLS, hIl_hctily 111roUgh undevLlopLd I Inds It 1s unlortuivitc that our Proprim and pLrh 1p% most othLr. In the- Mli-trimem his not IXLn euntACILci for Nwpmt, LonlmLnts no %Mh ILI[Lr. Ippt. 1r to ht. tnclutkd in thL dot.urtlLnl I nclom-d �tret%%o III ili „ho'Aingthc.rgnifiL-lnt t1-iturll rt- WLITCLS n1 the. proJLLI ant 111E northcTn h Ill of thL prolL0 from -About I mile norths iSt of Sudbury Ro id to the Lonne-e'tian'A uh (I's] 7 northt.-im of Hinipmt,ad — appear• io avoid sign IIit. Int natural rLsourccs MI. %vc,,(Lrn of OIL t'AO hligninews (red on 11l: tirL ti 1) -IppLrir% to lx it..r acid Ill tl.t. %ac 7nna (tires -n polygon north of Sidhun Ro-id) and Sidburc Road %a, inns (bl -t,.k poht on bourh of Sidbur% Ro -id) I his red iltLrn tti% - also lxttt.r -I, oids thL V DO mitigation iwis (n1 uoon -hro«n pol %Loris 11onut OIL «llmington B pass) pa %sing just to Ili,- 1 Of than 1 IIC Lotltntt1111on of thL rLd route- south of Ili,. Wilmington 13�pass (blue NIL on FigurL S I ) 11so doe. -I better lob of -tvolding %ignilic int natur it rL,ourct.s th-in doe-w IN. mart. L 1s1Lrn purpiL mutt. on OIL IlgurL in Stinlmin the mo.i ccLuLrn of thL Lombmt d roulLs ippcars to do thL IL'itit ImpaLt'- In ,Ignttic int nituril hLritagc ;trLa. r-irt. .peeit s Intl Lon.Lmitlon irt.3c Ha1lc%Lr 11 r, %Lrc important that thL N( rx)1 continuo. to Londuet Section 7 t,oneultation5 with ate- t JS 11Sh Intl Wildltfc `%Lrc wt, %garding F"Lmml impacts to I LdLrllly lisiLd ,pLtiic. such t. 1114. RLd Loci. idLd Woodpeckt r (Pi cities host alts) roul_h1Lat loo,estri ft. I i 1 srrncrt hru uspt iWilaha) Ind ( oo1Lv s nit. ida'Aru,- (Thaht ti unr t oolet r) 1. mdit.ated in the IN 1t, PIL ISL do not hesitltL to Lontact nit. It 919 715 9097 if vent have yutr tl Ions or ncul turtliLr intorm won Fnclo.urc, 1601 Mad Service Center, Raleigh North Carolina 27699 1601 NOne Carolina Phone 919 715 -41951 FAX 919 715 31)60 Internet www oneNCNaturally org �����,, //� A+i Equal Opporwity I Affirmative Action Employer - Ur/ Recycled 1 10°o Post Consumer raper � A Bewares f'1vrig ad (ai1Y-A DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES PUBLIC WATER SUPPLY SECTION Inter - Agency Project Review Response Project Name t S 4rmN Corps of Lneint t rs Type of Project Wilnunion Distrit.t m�nsn rrrr Comments provided by MrRegional Program Person Lit J L tf if (,I Lr Regional Supervisor for Public Water Supply Section L Central Office program person Project Number County New Hanover Pender Dr,t t Fn irunmcntat Impart Statement Proposed SR 1409 (Militan Cp(of7Rd) Extension and nrotmsed 4S 17 liamosteill BNPisc Name DLbr► Bcnu,%— %%dmu gton RU Date 09 109 /2(110 Telephone number 1(+ !Q Program within Division of Water Resources * Public Water Supply ❑ Other Name of Program Response (check all applicable) ❑ No objection to protect as proposed ❑ No comment ❑ Insufficient information to complete review Comments attached See comments below ) f U.cLt....i J 0 tvuticC t tLc rLLk n (`It'CLt t-t '- r-tLi f4-f- 'tic &r ,f L, �t c - i 4bl►f Llttbi .i_�Cc� t �(, ti i�Cj ,urtlfv # {t_ LLCt LCL��.i= 4�N.f�l�`(i rt.4 DLit- +tLA_S 113 t� S1/."Sv� S tirtt�i ;t A IN iC...., L A A (,mac �� lL.rjt CC �- �'Y.aC�`t4sf-r tt(il-> I (LL%,C (tC # t kt_( It: (L � t � ��s)c � d � � i L n A 1aLUAK u. {� � � Sa_i� �"�jJ iL I L� t{ t3 k �At.cw (L C- L+L,fl -erl l f l L+ lit I4 � k.JL 4(t.. .`sL� M q, -t CL+[ia iY.ti 1>,xt►.� ct c.�'G4Lxt ,sic. C- liuvlxyr)t ,I{ L-L4S t5 + +�{ C�IILw.r� �t il.rt:r• (:,� f 4,_ t r lrt. vN4 wluk.Cit X19 -,L �rctr�.� tltr � - ,tC�- " Ltjk2.[1( W- 1t rij aik(L rjC,l dC YJtZV t C+.mt 1i.�C f (i.l L)LIS ir.r 1C1JA-ir-bt,-rr 2" ' d ' rin - 9 1 +.� t QA (I.A f Y.0 r I IVi ;(�i14*f\ H e rV i t V1 kif Return to Public water Suppty Section Environmental Review Coordinator for the Dtvision of Water Resources DEPARTMENT Of ENVIRONMENT AND i Project Number — NATURAL RESOURCES 1 12 0061 _ DIVISION! OF WATER RESOURCES i County + PUBLIC WATER SUPPLY SECTION I New Hanover, LPender Inter - Agency Project Review Response Project Name t S %rml J orns of 6ngiLL rs Type of Project Ur a t I m irunmcntat 1m m t Wilniln ,ton District y tttcmtnr - Eamaced SIi � �n 1 409 01tbtar% Cutoff Rd) E,xtenaton and nrupowd 4'S 17 Ljoin2stead Bypass ❑ The applicant should be advised that plats and specif cations for all water system improvements must be approtied by the Division of Water Resources /Public Water Supply Section 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 Ci This project will be classified as a non community public water supply and must comply with state and federal drinking water monitoring requirements For mo a information the applicant should contact the Public Water Supply Section (919) 733 2321 existing water lines will be relocated during the construction plans for the water line jJ relocation must be submitted to the Division of Water Resources Public Water Supply Section Technical Services Branch 1634 Mad Service Center Raleigh North Carohna 27699 1634 (919) 733 2321 (] For Regional and Central Office comments see the reverse side of this form Jim McRrght PWSS 09/09/2011 Review Coordinator Section /Branch Date i�. `•r Vw i K' L. .� . +�•i- �'_�ts•C� �.'��:C�' .��� -rte' . w+ i Ir w�l �h � � r'!, • 'a r ct t•. ' 4 e is �t