20141132 All Versions_Other Agency Comments_20120410

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Am REGION
ATLANTA FEDERAL. CENTER
01R}RSYTHSTREET
pfjo�_01 ATLANTA, GEORGIA 30303-8960
[)u1c: April g`Z0l2
Dr. Gregory J. Thorpe, Ph.D., Manager
Project Development and Environmental Analysis Branch
North Carolina Department ofTransportation
1548 Mail Service Center
Raleigh, North Carolina 27699-I548
SUBJECT: Federal Final Environmental Impact Statement, LS l Improvements Project,
Richmond County, North Carolina; CEQ No.: 20120054; TIP Project No.: R-2501
l)ourDcThornc
The U.S. Environmental 9rotoo1mo Agency (EPA) Region 4()[ficc has received
and reviewed the subject document and is commenting in accordance with Section 309 of
the Clean Air Act and Section lO2(2)(C)of the National Environmental Policy
/\c{ . The Federal Final Environmental Impact StuioozonL (FBCS) include US l
improvements Ofl4 miles ofaozolti)unc,median-divided facility oo new location and
5.3 miles of widening along existing US l between SandhiURoad (SD 1971) to north of
Fox Road (SR 1606). The total proposed project length is approximately 19.3 miles.
EPA staff has been participating io the NBPA/Scc1 on4O4 Merger process for the
proposed project. EPA provided ommozcnio on the Draft Euvinnnznoutal Tnrnuc1
S1a]cnzoot(0B[S) ou September 23, 1999. A Snpp\cmcn1a]DBlS (SDB|S) was issued io
2001 and lTpA provided written comments on September 4, 2001 (Included in Appendix
/\.l\.N[l)()T and Ff{nV/\ have provided u response to EPA's I)ElS comments onpages
7-5 to 7-7 of the P]BlS. Specific technical review cocucoouta on the PElS are attached to
this letter (See Attachment A).
EPA rated the I}ElS alternatives as 'Environmental Concerns' (EC-2), with
concerns for impacts to jurisdictional wetlands and streams and
impacts to the human environment. The rating qF`2' indicates that [)ETS information and
environmental analysis was not sufficient and that additional information and analysis
was required. EPA maintained its rating of|BC-2 on the S[)BIS recognizing that
additional information had been provided by the transportation agencies.
|ntemat Addmss(UPL)°hftp://www.epa.gow
Recycled/Recyclable - Printed with Vegetable 00 Based Inks on Recycled Paper (Minimurn 30% Postconsurner)

EPA along with other agencies elevated Merger Concurrence Point 2A14A,
Bridging Decision and Alignment Review and Avoidance and Minimization Measures,
on September 3, 2009. Based upon additional coordination and project environmental
conflict resolution, EPA concurred on CP 2A14A on April 2, 2011. Additional
documentation for these Merger team efforts is included in Appendix AA of the FEIS.
In summary, EPA requests that the transportation agencies continue to look for
opportunities to avoid and minimize impacts to jurisdictional aquatic resources during
final project design. EPA also requests that the remaining technical comments included
in the attachment be addressed in the Record of Decision (ROD).
Mr. Christopher Militscher of my staff will continue to work with you as part of
the NEPAJSection 404 Merger Team process during the hydraulic review and final
project design. Should you have any questions concerning these comments, please feel
free to contact him at Militscher.chrisgepa.gov or [phone] or [phone].
Sincerely,
Heinz J. Mueller
Chief, NEPA Program Office
w/Attachment
Cc: J. Sullivan, FHWA-NC
S. McClendon, USACE
R. Smith, USACE
B. Wrenn, NCDWQ
G. Jordan, USFWS
T. Wilson, NCWRC

Attachment A
Technical Review Comments on the FEIS
US 1 Improvements
Richmond County
TIP No.: R-2501
Project Impacts
The preferred altemative/Least Environmentally Damaging Practicable
Alternative (LEDPA) include the following impacts:
Residential relocations: 97
Business relocations: 8
Stream impacts: 3,717 linear feet
Wetland impacts: 40.5 acres
Floodplain impacts: 9.8 acres
Noise Receptor impacts: 167
Terrestrial forests: 483.5 acres
Prime/Statewide Important Farmlands: 345.2 acres
Endangered species: 1 (MA-NLAA)
Section 4(0 resource: I (WRC Pee Dee River Game Land — 2.4 acres)
EPA notes the comments in Section 4.1.3.3 concerning Farmlands. The
information provided in this section of the FEIS does not correspond to the impact table
information of 345.2 acres of impact. The Farmland Protection Policy Act (FPPA) does
not require 'mitigation' but 'compensation' for prime farmland losses. EPA requests that
efforts to minimize potential impacts to prime farmlands as defined under Title 7, CFR
Part 657 be addressed during final project design.
EPA notes the transportation agencies' information on Mobile Source Air Toxics
(MSATs) in Section 4.1.3.2.3 of the FEIS. EPA continues to not concur with the
qualitative analysis and generalized assessment approach and requests that the
identification of potential near-roadway sensitive receptors (e.g., Hospitals, daycare
facilities, nursing homes, and schools) be included in Record of Decision (ROD).
Project Commitments
The transportation agencies' project commitments ("Green Sheet") are included
in the FEIS. The project commitments concerning impacts to the flood hazard areas, the
McDonald's Pond Ecosystem Enhancement Program (EEP) wetland mitigation site, an
archeologically significant cemetery, potential noise abatement measures, and the WRC
Pee Dee River Game Land are noted. EPA recommends that these project commitments,
where relevant and appropriate, be finalized during final project design and be included
in the ROD.

Avoidance and Minimization Measures and Compensatory Mitigation
Stream and wetland avoidance and minimization measures and compensatory
mitigation are addressed in Section 4.1.5.2.3 of the FEIS. Avoidance and minimization
efforts are identified on page 4-22, including the avoidance of 13 of 24 streams in the
corridor, 36 of the 55 wetland sites, and 7 out of 10 ponds. Bridge lengths at major
stream and wetland crossings are also identified and include the reductions in potential
impacts at these locations. EPA requests that the transportation agencies include the
specific peel ic recommendations identified on pages 4-22 and 4-23, including the re-design of
the US 74 Bypass interchange, in the project commitments for the ROD. Additional
efforts to avoid and minimize impacts, especially wetland site #W 18 (5.3 acres), #W21
(8.0 acres), #W26 (7.6 acres), and #W37 (5.0 acres), also be considered during final
project design (e.g., Use of steeper slopes and retaining walls where feasible).
EPA acknowledges the efforts to avoid and minimize the impacts to the EEP
McDonald's Pond wetland mitigation site and requests that improved coordination to
avoid these potential conflicts in the future be considered by the U.S. Army Corps of
Engineers, North Carolina Department of Environment and Natural Resources, FHWA
and NCDOT.
EPA requests that compensatory mitigation for unavoidable impacts to
jurisdictional urisdictional aquatic resources through the EEP be 'in-kind' and within the hydraulic
units (i.e., HU 03050103 and 03040105) of the Yadkin-Pee Dee River Basin.