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HomeMy WebLinkAbout20011102 Ver 1_Meeting Agenda_20120410US 70 HAVELOCK BYPASS CRAVEN COUNTY NORTH CAROLINA TIP PROJECT NO R 1015 Agenda CONCURRENCE POINT 3 REVISITED SECTION 404 /NEPA INTERAGENCY MERGER PROCESS TEAM MEETING APRIL 10 2012 PAGE 1 OF 10 1 Meeting Purpose and Agenda 2 Project Information 3 Merger Process History 4 Reinitiate Merger Process 5 Updated Technical reports & Environmental Documents 6 Comments on Draft EIS 7 Comments from Corridor Public Hearing 8 Evaluation of Corridors and Impact Matrices 9 Corridor Selection Discussion 10 Next Steps 11 Summary & Action Items Exhibits & Attachments Exhibit 1 Map Index Exhibit 2a d Alternatives & Environmental Features Attachments NCDOT Letter (Bypass Closure for Prescribed Burning) Table of Bridge Lengths (Hydraulic Requirement CP 2A CP 4B DEIS) Merger Process A timeline of mayor project milestones and previous agency and merger team meetings is listed below May 14 1993 1 S Steering Committee Meeting (project approach & sco in October 19 1994 2nd Steering Committee Meeting (Improve Exist Alt 1 Alt 2 December 19 1995 teering Committee Meeting added Alt 3 February 14 1996 4 �Steer�inq Committee Meeting (Drop Imp Exist retain Alts 1 3 December 18 1996 5th Steering Committee Meeting LEDPA —Alt 3 December 16 1999 Merger Team Meeting (preliminary alignment approval) A ril 20 2000 Merger Team Field Meeting (bridging decisions January 18 2001 Merger Team Meeting CP 4 avoidance & minimization June 20 2002 Merger Team Meeting CP 4B 30% hydraulic plans) Substantive Comments relative to LEDPA Discussion with Responses Summary of Agency Comments on DEIS The Draft Environmental Impact Statement was approved by FHWA on September 6 2011 and distributed for agency review The comment period on the DEIS concluded on November 21 2011 Paraphrased summaries of the agency comments on the DEIS that are specifically relevant to the selection of LEDPA or those that are relevant for general updates on the project are listed below US 70 HAVELOCK BYPASS CRAVEN COUNTY NORTH CAROLINA TIP PROJECT NO R 1015 CONCURRENCE POINTS 3 NEPA/404 MERGER TEAM MEETING APRIL 2012 PAGE 2 OF 10 US Environmental Protection Agency 1 Traffic analysis traffic information is confusing and seems to indicate that traffic on existing US 70 with the Havelock Bypass completed is approximately the same in the 2035 design year than without the proposed project It seems to contradict Table , 2 5 which is titled Proposed Havelock Bypass Freeway LOS 2035 Build Traffic This information should be clarified at the next Merger concurrence meeting and in the Final Environmental Impact Statement (FEIS) /U,0pD -3�ooh VA,defd, -, 4-eP I� J-,3S� Response — The 2008 traffic analysis will be reviewed and updated as necessary US Dept of Intenor — US Fish & Wildlife Service 1 Agreement with Alt 3 as LEDPA According to the DEIS there are currently three Bypass alternatives still under consideration with Alternative 3 being the preferred alternative of the North Carolina Department of Transportation ( NCDOT) All three alternatives would impact portions of the Croatan National Forest (CNF) as well as habitat within the foraging partitions of up to six red cockaded woodpecker (RCW Picoides borealis) clusters (currently 3 active 1 inactive 2 recruitment) Based on current information coordination and agreements with NCDOT and the U S Forest Service (USFS) the Department does not oppose Alternative 3 as the preferred alternative e G d/, / w->e� 14- Response — Comment noted 2 Prescribed burning An April 25 2011 memo from NCDOT provides the minutes from the March 17 2011 meeting and unequivocally states NCDOT has agreed to close the proposed Havelock Bypass to facilitate prescribed burning in accordance with the measures discussed during this meeting Based on this agreement the USFWS stated that it would concur with a may affect not likely to adversely affect biological conclusion for the RCW The April 25 2011 memo documents the USFWS position As such no formal Section 7 consultation would be needed unless new information arises Response — Comment noted See attached NCDOT letter US Dept of Acinculture — Forest Service 1 Information required for LEDPA selection The DEIS fails to adequately disclose the effects on the red cockaded woodpecker PETS species Essential Fish Habitat the Craven County Waste Transfer Facility and the old landfill site The Forest Service will be unable to concur with any Least Environmentally Damaging Practicable Alternative ( LEDPA) selection until effects to all resources have been adequately disclosed a RCW The DEIS states on p 4 74 A plan is being developed in a point effort between the CNF to close the proposed Bypass to allow for prescribed burning along the highway As previously discussed finalization of a plan to allow prescribed burning along the highway is a requirement to avoid a Jeopardy opinion on the RCW by the USFWS All USFS comments on this DEIS are based on the commitments in the Apr1125 2011 memorandum to allow for the periodic closing of the proposed highway for the purpose of prescribed burning US 70 HAVELOCK BYPASS CRAVEN COUNTY NORTH CAROLINA TIP PROJECT NO R 1015 CONCURRENCE POINTS 3 NEPAI404 MERGER TEAM MEETING APRIL 2012 PAGE 3 OF 10 Response — NCDOT has committed to closure of the proposed bypass for prescribed burns in accordance with a March 17 2011 meeting between USFS and NCDOT and subsequent correspondence b PETS The USFS acknowledges the reevaluation of PETS species as the species list changes from year to year We look forward to the additional technical reports and complete reevaluation of PETS species determined to have suitable habitat in the project study area prior to the completion of the Final Environmental Impact Statement Please forward these reports to the USFS for our review when they become available Response — Updated technical reports for PETS surveys were completed and distributed on November 2011 Updated surveys will be conducted in 2012 c Essential Fish Habitat When is the determination of effect going to be made on Essential Fish Habitat (EFH)? This information needs to be disclosed for all alternatives in order to have the information necessary to select a LEDPA Response — NOAA Fisheries has stated that there are no streams or wetlands within the project study area that are tidal in nature or have been identified as a waterbody containing EFH d Craven Waste Transfer Facility There are potential contamination issues at the Craven County Transfer Facility located on NFS lands In 2010 the operator of the facility at the direction of the USFS cleaned up surface oil spills in the oil recycling area and installed secondary containment systems for all containers intended for liquid or hazardous waste However the paved surface contains oil and other potentially hazardous chemicals that have penetrated into it over the years of using the facility Impacts to the environment from both disturbance of the old landfill and relocation of the Transfer Facility must be disclosed prior to the Final Environmental Impact Statement (FEIS) Response — Discussion of potential impacts associated with relocation of the transfer facility will be included in the FEIS The relocation is required by all alternatives and therefore the anticipated impacts for this item are anticipated to be equal for all three alternatives e Old Landfill Adequate analysis of the potential impacts to the old landfill must be conducted in the DEIS in order to properly evaluate the impacts It is not acceptable to the Forest Service to withhold this analysis until after the FEIS has been signed and the final right of way limits are established Due to the potential of serious impacts resulting from disturbance of an old landfill impacts must be disclosed prior to the FEIS These potential impacts must be discussed with the USFS as the property owner and Craven County who maintains liability for any environmental problems resulting from the landfill under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) Response — Discussion of potential impacts associated with disturbance of the old landfill will be coordinated with the Forest Service prior to completion of the FEIS Disturbance of the old landfill is required by all alternatives and therefore the US 70 HAVELOCK BYPASS CRAVEN COUNTY NORTH CAROLINA TIP PROJECT NO R 1015 CONCURRENCE POINTS 3 NEPA/404 MERGER TEAM MEETING APRIL 2012 PAGE 4 OF 10 anticipated Impacts for this item are anticipated to be equal for all three alternatives US Army Corps of Engineers Status of Jurisdictional Determination To assist NCDOT in avoiding unnecessary expenditures associated with providing the documentation to re verify all three alternatives the Corps will provide a preliminary JD based on the May 10 2006 verification After the selection of the Least Environmentally Damaging Alternative ( LEDPA) the Corps will request a complete JD package for the alternative selected and provide a final JD verification Response — Comment noted 2 Stream and wetland mitigation The DEIS provides no proposal for mitigation of potential stream Impacts associated with the project A complete wetland and stream mitigation proposal should be Included in the FEIS Response — Proposed wetland and stream mitigation will be presented In the FEIS 3 Proposed bridge lengths Proposed bridge lengths noted in Table 4 6 {DEIS} Alternative 3 over the Southwest Prong and East Prongs of Slocum Creek are in direct conflict with the lengths agreed upon In the Concurrence Point 4B meeting held June 20 2002 Should Alternative 3 be re affirmed as the LEDPA then a return to CP 4A and 4B would be necessary This conflict needs to be resolved and the Corps recommends that NCDOT clarify its expectations to the Merger Team prior to and following the re affirmation of the LEDPA Response — NCDOT and USACE have discussed conflicting information in the project history regarding proposed bridge lengths It has been proposed that a field meeting to discuss and confirm proposed bridge lengths be conducted with the Merger Team prior to Concurrence Point 4A (See attached Bridging Decisions Table) NCDENR — Natural Hentage Program 1 Oppose Alternative 3 NHP s first preference Is to improve the existing US 70 corridor over the three alternatives for the US 70 Bypass in order to avoid impacts to rare species and Significant Natural Heritage Areas Failing that option we strongly oppose Alternative 3 preferred by NCDOT and would like the least damaging alternative be selected Alternative 3 passes through the most significant natural area within the project study area the Southwest Prong Flatwoods Significant Natural Heritage Area (SNHA) This site has one of the best examples of Mesic Pine Flatwoods (Coastal Plain Subtype) in the state The Longleaf Pine communities at this site occur on various soil types including ones that today only rarely support longleaf mainly because they have elsewhere been converted to agriculture or silviculture Southwest Prong Flatwoods SNHA also has state significant populations of Spring flowering Goldenrod (Solidago verna) a federal species of concern and NC endangered Mudbank Crown Grass (Paspalum dissectum) Other rare species that would be impacted by Alternative 3 include US 70 HAVELOCK BYPASS CRAVEN COUNTY NORTH CAROLINA TIP PROJECT NO R 1015 CONCURRENCE POINTS 3 NEPA/404 MERGER TEAM MEETING APRIL 2012 PAGE 5 OF 10 • Red cockaded Woodpecker (Picoides borealis) US Endangered NC Endangered • Bachman s Sparrow (Peucaea aestivalis) US Federal Species of Concern NC Special Concern • Little Metalmark (Co /ephelis virginiensis) NC Significantly Rare • Leconte s Thistle (Cirsium lecontei) NC Special Concern Vulnerable • Short bristled Beaksedge (Rhynchospora breviseta) NC Significantly Rare • Showy Orchid (Pfatanthera niveo) NC Threatened Alternative 3 would not only destroy significant natural communities and many rare species populations and their habitat but would also cause fragmentation on the landscape The Bypass would bisect the National Forest lands making management and prescribed fire very difficult given the strict DOT smoke regulations Response — Improve Existing alternatives providing the function and addressing the need consistent with the Strategic Highway Corridor plan were evaluated and eliminated in earlier phases of the study due to the anticipated impacts along existing US 70 through Havelock NCDOT has committed to closure of the proposed bypass for prescribed burns based on the comparison of RCW impacts versus the other study alternatives and the Merger Process Team s concurrence on Alternative 3 in 1996 as a compromise between Alternatives 1 and 2 2 Alternative 2 causes least fragmentation Alternative 2 the easternmost route would cause heavy direct impacts the Havelock Station Flatwoods and Powerline Corridor SNHA and part of the Southwest Prong Flatwoods SNHA The Havelock Station Flatwoods is significant for the large number of rare plant species that occur there Although this route would cause significant direct impacts to many rare plant and animal species and a colonial wading bird colony it causes the least amount of fragmentation of the natural communities and species habitat as a whole Response — Alternative 2 is not recommended by NCDOT as LEDPA due to high relocation impacts 3 Alternative 1 has least impact to rare species and natural communities Alternative 1 the westernmost route imposes the least amount of direct impacts to rare species and natural communities There would still be significant impacts to rare species to the south where the Bypass is proposed to diverge from the existing US 70 and impact the Havelock Station Flatwoods and Powerline Corridor To the north this route extends through private land between the Croatan National Forest avoiding rare species However if Alternative 1 is chosen there may be serious indirect impacts by fragmentation of the Longleaf Pine communities and species habitat to the east This option could create significant challenges for managing and burning National Forest land to the east NHP is concerned that if management becomes extremely difficult rare species and natural communities east of the Bypass could be lost over time due to secondary impacts Response — Alternative 1 is not recommended as LEDPA by the U S Forest Service and other resource agencies because it will cause the largest amount of fragmentation to the Croatan National Forest US 70 HAVELOCK BYPASS CONCURRENCE POINTS 3 CRAVEN COUNTY NORTH CAROLINA NEPA/404 MERGER TEAM MEETING TIP PROJECT NO R 1015 APRIL 2012 PAGE 6 OF 10 Summary of Written Comments from Corridor Public Hearing total of 37 comment sheets were received either at the hearing or by email mail or telephone in ,1� 1 G the days following the hearing A summary of the comments follows As stated previously some i� comments stated a primary position as well as a secondary position on the build alternatives These secondary positions are identified under their respective primary comments below with the phrase If then • Oppose bypass project — 11 (30 %) • Comments stating secondary position m support of Alt 3 — 1 • Comments stating secondary position in support of Alt and opposing Alt 2 — 2 • Comments stating secondary position m support of Alt 1 — 1 • Oppose bypass and requesting improvements to existing US 70 — 9 (24%) • Comments stating secondary position in support of Alt 1 or 3 but opposing Alt 2 — 1 • Comments stating secondary position In support of Alt 1 — 1 • Favor Alternative 1 — 1 (2 6%) • Favor Alternative 1 or 3 — 1 (2 6 %) • Favor Alternative 3 — 5 (14 %) • Oppose Alternative 2 — 1 (2 6%) • Miscellaneous comments /questions — 9 (24%) The No Build Alternative and Improve Existing Alternative received the most public preference (54 %) Of the comments in favor of the project Alternative 3 was most favored no support of Alternative 2 was expressed by hearing attendees Summary of Verbal Comments Received Dunnq Corridor Public Hearing A total of 21 verbal comments were made at the hearing and recorded in the transcript A summary of the comments received follows • Oppose bypass project — 7(3351,) • Oppose bypass and requesting improvements to existing US 70 — 4 (19%) • Prefer Alternative 1 — 2 (105,.) • Oppose Alternative 2 — 3 (14%) • Miscellaneous comments /questions — 5 (24%) The No Build Alternative and Improve Existing Alternative received the most public preference (52 %) Of the comments in favor of the project two expressed support for Alternative 1 No support was expressed for Alternative 2 or 3 Summary of Comments from Local Government or Local Organizations The following comments were received from local chambers of commerce and the council of government at the hearing US 70 HAVELOCK BYPASS CRAVEN COUNTY NORTH CAROLINA TIP PROJECT NO R 1015 CONCURRENCE POINTS 3 NEPA/404 MERGER TEAM MEETING APRIL 2012 PAGE 7 OF 10 Carteret County Chamber of Commerce (Mike Wagoner, President) We commend the NCDOT for designating Alternative 3 as the Least Environmentally Damaging Practicable Alternative ( LEDPA) and endorse this alternative as the best choice that effectively addresses the Purpose and Need of this project Response — Comment noted Havelock Chamber of Commerce (Stephanie Duncan, Executive Director) It is recommended by the Havelock Chamber of Commerce that the NCDOT look to no cost or low cost alternatives for the proposed bypass Some examples of the alternatives are Port traffic (to and from) should be scheduled at night when there is less traffic on US Highway 70 coordinate the traffic lights through Havelock so vehicles are able to travel through the City of Havelock at the posted speed limit with fewer stops Response — Improve existing alternatives providing the function and addressing the need consistent with the Strategic Highway Corridor Plan were evaluated and eliminated in earlier phases of the study due to the anticipated impacts along existing US 70 through Havelock East Carolina Council of Government (Alex Rickard) I would like to request that NCDOT consider the Havelock Bypass as a potential alternative corridor for the Mountains to Sea Trail Please consider a 10 foot natural hiking trail during your right of way acquisition Please ensure that all interchanges and overpasses for this bypass will accommodate future bicycle and pedestrian facilities This is an important corridor for the Mountains to Sea Trail and also the East Coast Greenway Coastal Route Response — The Trail Committee met on March 20 2012 and reached a decision on the proposed location of the trail They selected Option 1 which does not have a direct relation to the Havelock Bypass project and traverses through the Croatan National Forest Summary of Comments from Environmental Organizations The following comments relevant to the selection of LEDPA were received from the Sierra Club and the Southern Environmental Law Center either following the corridor public hearing or as comments on the DEIS NC Sierra Club — Cypress Group 1 Detail and currency of DEIS data used for alternatives analysis we do not believe that the current DEIS offers information detailed enough to justify proceeding with any one of the three bypass alternatives discussed as the least environmentally damaging practicable alternative We continue to assert that all reasonable alternatives have not been adequately discussed i e we feel that other alternatives although mentioned have been prematurely dismissed Because some of the data collected in support of the Alternatives 1 2 and 3 as well as data used to justify the disregard of other alternatives is often several years old we feel it may no longer accurately reflect the current social /economic reality of the area It must be updated before improvements to the current highway are dismissed as a possible practicable alternative Response — Older data will be updated for preparation of the FEIS This includes updated stream wetland and species surveys land use updates and evaluation of the anticipated effects of bypasses on existing businesses US 70 HAVELOCK BYPASS CRAVEN COUNTY NORTH CAROLINA TIP PROJECT NO R 1015 CONCURRENCE POINTS 3 NEPA/404 MERGER TEAM MEETING APRIL 2012 PAGE 8 OF 10 2 Prescribed burning It Is imperative that a formal Interagency agreement be reached between the DOT and the FS addressing the subject of prescribed burning before an EIS Is approved Response — NCDOT has committed to closure of the proposed bypass for prescribed burns on National Forest System lands 3 Mitigation plans and biological assessments Detailed wetland mitigation plans and biological assessments for each alternative must be completed before a decision Is made as to which is the least damaging alternative We question whether the Croatan Wetland Mitigation Bank (CWMB) will adequately replace the functional values of wetlands lost in any of the project alternatives and we are particularly skeptical that the CWMB will ever provide adequate compensation for the various types of rare pine savanna habitats and rare pine savanna species that will be Impacted by the project Response — Detailed mitigation plans and biological assessments were prepared for each alternative 4 Oppose Alternative 3 as LEDPA In terms of DIRECT Impacts It Is obvious that Alternative 3 (DOT s preferred alternative) should NOT be considered the least environmentally damaging alternative particularly In regard to longleaf pine significant natural communities rare plant and animal species and Forest Service land Response — Alternative 3 was previously selected as the LEDPA by the Interagency Merger Process Team as a compromise between Alternatives 1 and 2 Alternative 1 is not recommended as LEDPA because it will cause the largest amount of fragmentation to the Croatan National Forest Alternative 2 is not recommended as LEDPA due to high relocation impacts 5 Support Alternative 1 as LEDPA In terms of DIRECT impacts it is obvious that Alternative 1 (outermost alternative) should be considered the least environmentally damaging alternative particularly in regard to longleaf pine significant natural communities rare plant and animal species and Forest Service land The DEIS mentions the possibility of Invasive species being Introduced Into the project area by the Introduction of a bypass However It does not present any information that would enable one to decide which of the alternatives might be worst In terms to their promotion of this problem It would seem that Alternative 1 would be least likely to cause the Introduction of Invasive species Into sites having rare plants In the project area Response — NCDOT and USFS have coordinated and will continue to coordinate on the control of Invasive species 6 Support Improve Existing Alternative I would opt to order the engineers and other responsible folks at NCDOT to develop another Upgrade US 70 Freeway alternative that minimizes damage to the town yet creates Improved (speedier) flow of traffic through the town of Havelock This should be done In recognition of the fact that the alternative created would NOT meet NCDOT s normal /standard criteria for a bypass design but that It Is acceptable In order to meet the objective of protecting certain natural resource values in the Croatan National Forest US 70 HAVELOCK BYPASS CRAVEN COUNTY NORTH CAROLINA TIP PROJECT NO R 1015 CONCURRENCE POINTS 3 NEPA/404 MERGER TEAM MEETING APRIL 2012 PAGE 9 OF 10 Response — Improve existing alternatives providing the function and addressing the need consistent with the Strategic Highway Corridor plan were evaluated and eliminated in earlier phases of the study due to the anticipated impacts along existing US 70 through Havelock Southern Environmental Law Center The DEIS excludes analysis regarding wetland and stream impacts that is necessary to evaluating the project under the Clean Water Act The DEIS must but fails to provide an analysis of the value of streams and wetlands that would be affected the potential impacts of degradation of those streams and wetlands and the efforts that have been made to avoid and minimize those adverse impacts That information is required before the Least Environmentally Damaging Practicable Alternative can be selected Based on the scant evidence in the DEIS Alternative 3 cannot be selected as the LEDPA Response — Stream and wetland characteristics and associated impacts were calculated based on preliminary design and detailed stream and wetland delineations and were included in the DEIS Due to the time elapsed an updated jurisdictional determination will be prepared prior to completion of the FEIS Impact calculations will also be updated and included in the FEIS 2 The DEIS fails to adequately consider a reasonable cumulative upgrade alternative NEPA requires but the DEIS does not provide detailed analysis of a reasonable range of alternatives Rather than conducting detailed study on only new location bypass alternatives the Agencies should have given greater consideration to upgrading the existing corridor including but not limited to a combination of NCDOT s own US 70 Access Management Study and a superstreet alternative Response — The Upgrade Existing Alternative was studied in detail along with all of the other alternatives and presented in the Environmental Assessment (1/27/1998) An excerpted discussion was also summarized in the Draft EIS (9/16/2011) Summary of USACE Public Notice Comments USACE will provide either during or after this meeting US 70 HAVELOCK BYPASS CRAVEN COUNTY NORTH CAROLINA TIP PROJECT NO R 1015 Alternatives Comparison of Impacts CONCURRENCE POINTS 3 NEPAl404 MERGER TEAM MEETING APRIL 2012 PAGE 10 OF 10 Updated Comparison of Bypass Alternatives from DEIS (2011) 133 (18) 16 (0) Alternate 1 Alternate 2 Alternate 3 Length (miles) 1085 991 1031 Costs (year dollars) 15 137 Construction (08) $156 400 000 $138 800 000 $149 600 000 Utility Relocation (07) 1 600 000 2 800 000 2 800 000 Right of Way (09) 9,800,000 29,000,000 10,600,000 TOTAL $167 800 000 $170 600 000 $163 000 000 Relocations (2009) Residences (minorities) Churches (members) Businesses (employees) Non profit TOTAL Physical Environment (Based on ROW) Croatan National Forest (acres) Potentially Contaminated Sites Mayor Stream Crossings Natural Resources (Acres) Prime Farmland by Soils in R/W 13 (0) 133 (18) 16 (0) 0 0 0 1 (2) 3 (9) 1 (2) 1 (3) 15 137 18 189 225 240 1 1 1 3 3 3 .. 112 Jurisdictional Areas (Based on Slope Stakes +25 feet on each side) Wetlands (acres) 109 78 Streams (lin ft ) 2 581 3 094 Neuse River Riparian Buffers (sq ft ) 69-5 142 025 71 115 05 106 647 Jurisdictional Areas on National Forest System Lands (Based on Slope Stakes +25 feet on each side) Wetlands (acres) 81 67 88 Streams (lin ft) 1 012 1 764 1 387 RCW (USFS Field Survey Fall 2011) Active clusters (58 & 902) 2 2 2 Inactive clusters 2N 2R 1 N 2 R* 2 N 2 R* N= Natural R= Recruitment f STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION BEVERLY EAVES PERDUE GOVERNOR January 9 2012 Ms Marisue Hilliard Forest Supervisor National Forests in North Carolina U S Forest Service 160 Zillicoa Street Suite A Asheville North Carolina 28801 1082 RE Closure of Proposed Bypass for Prescribed Burning Project R 1015 US 70 Havelock Bypass Craven County Dear Ms Hilliard F}p�����••--� i 9 `' rte � v ,,"Ff �. MI 4I t9 �!�1 1 r Msf�M�� a ij6i 3/202 1e-!O /5 EUGENE A CONTI JR SECRETARY I am writing as a follow up to the March 17 2011 meeting between staff from the U S Forest Service (USFS) and NCDOT regarding coordination of prescribed burning on National Forest System lands between existing US 70 and the proposed US 70 Havelock Bypass It is my understanding that the USFS conducts prescribed burning to maintain the Red cockaded Woodpecker habitat and other types of habitat on National Forest System lands USFS and the U S Fish and Wildlife Service agree that although other habitat maintenance techniques exist no other methods of habitat maintenance achieve the same level of effectiveness as burning Your staff has indicated that USFS typically conducts summer burns from late June through the noddle of July and tiles to avoid Fridays Saturdays and Sundays It is also our understanding that USFS will avoid burn events on holiday weekends including Memorial Day July 4th and Thanksgiving In addition I am requesting that other days with anticipated higher traffic volumes be avoided They estimated that they will need about 3 days to burn each block and typically start burning between 10 00 and 11 00 a in and end by about 3 00 p in Therefore the proposed Havelock Bypass may need to be closed for about five hours on each of the three days during a burn event for each block and may require on average about five to six days per year It is my understanding that the USFS will also notify the Department of these prescribed burn events as far ahead of the event as possible Under these general conditions and as documented in the attached minutes from the March 17 2011 meeting the Department agrees to close the proposed Havelock Bypass for prescribed burning of National Forest System lands located between existing US 70 and the proposed Havelock Bypass when necessary MAILING ADDRESS TELEPHONE 919 733 7384 LOCATION NC DEPARTMENT OF TRANSPORTATION FAX 919 733 9428 TRANSPORTATION BUILDING STATE HIGHWAY ADMINISTRATOR 1 SOUTH WILMINGTON STREET 1536 MAIL SERVICE CENTER WEBSITE WWW DOH DOT STATE NC US RALEIGH NC RALEIGH NC 27699 1536 Ms Marisue Hilliard Page 2 January 9 2012 We appreciate the coordination between your staff and NCDOT Should you want to further discuss this issue please contact me at (919) 707 2500 or at tgibsonLa]nc,dot gm, Sincerely Terry R Gibson P E State Highway Adnnmstrator TRG /mp cc w /attachment Jim Trogdon PE Chief Operating Officer Debbie Barbour PE Director of Preconstruction Neil Lassiter PE Division Engineer Greg Thorpe Ph D Project Development & Environmental Analysis ,,Mark Pierce PE Project Planning Engineer John Smith Croatan District Ranger w- STATE OF NORTH CAROLINA DEPARTMENT OF' TRANSPORTATION BEVERLY EAVES PERDUE EUGENE A CONTI, JR GOVERNOR SECRETARY April 25 2011 (Monday) MEMORANDUM TO Meehng Attendees FROM Mark Pierce P E Project Planning Engineer Eastern Project Development Unit SUBJECT Minutes from March 17 2011 Prescribed Burning Meeting R 1015 US 70 — Havelock Bypass — Craven County Representatives from the U S Forest Service the U S Fish and Wildlife Service and NCDOT conducted a meeting from 10 00 to 11 05 a in on Thursday March 17 2011 to coordinate prescribed burning on National Forest System lands between the existing US Highway 70 and the proposed US 70 Havelock Bypass The following individuals attended the meeting 1 James Cherry (U S Forest Service) 2 Aaron Everett ( NCDOT — Division 2) 3 Mary Frazer ( NCDOT — Natural Environment Umt) 4 Robert Hanson ( NCDOT — Eastern Project Development Unit) 5 Gary Jordan (U S Fish and Wildlife Service) 6 Neil Lassiter ( NCDOT — Division 2) 7 Mark Pierce ( NCDOT— Eastern Project Development Unit) 8 Lee Thornhill (U S Forest Service) 9 Ted Walls ( NCDOT — Roadway Design Unit) 10 Brian Yamamoto ( NCDOT — Eastern Project Development Unit) Purpose of this Meeting The purpose of this meeting was to continue our discussions on coordination of prescribed burning on National Forest System lands between the existing US Highway 70 and the proposed US 70 Havelock Bypass Purpose & Value of Prescribed Burning USFS conducts prescribed burning to maintain the Red cockaded Woodpecker habitat and other types of habitat on National Forest System lands USFS and USFWS agree that although other habitat maintenance techniques exist no other methods of habitat maintenance achieve the same level of effectiveness as burning MAILING ADDRESS TELEPHONE 919 707 6000 LOCATION NC DEPARTMENT OF TRANSPORTATION FAX 919 7076052 PROJECT DEVELOPMENT & CENTURY CENTER BLDG A ENVIRONMENTAL ANALYSIS BRANCH WES$17L� 1000 BIRCH RIDGE DRIVE 1548 MAIL SERVICE CENTER RALEIGH NC 27610 RALEIGH NC 27699 1548 www ncdot org/doh/preconstruct/pe/ Aluiutes from March 17 2011Preseribed Burning Meeting M1015 US 70 —Havelock Bypass —Craven County 4pri125 2011 Page 2 Scheduled Burns & Exceptions to the Burn Calendar USFS conducts prescribed burn events during the growing season and during the dormant season USFS typically conducts summer burns from late June through the middle of July and Ines to avoid Fndays Saturdays and Sundays Typically USFS will try to avoid burn events on Fridays but reserves the option of conducting winter burns on Fridays and Saturdays USFS will avoid prescribed burning on holiday weekends including Memorial Day July 4`s and Thanksgiving Burn Rotations USFS has established a block system to coordinate burns on their various parcels All of their blocks are on different rotations and each block is not necessarily burned each year USFS intends to burn two blocks in succession for each bum event For example USFS will burn the block associated with Red cockaded Woodpecker Clusters 12 44R and 58 during the same event and Cluster 901 during a different event USFS has established a three year rotation on burn events but sometimes bums each block every two years Duration, Starting Times, & Ending Times for Prescribed Burruna USFS estimates that they will need about 3 days to bum each block USFS typically starts burning between 10 00 and 11 00 a m and ends by about 3 00p ni hlitiation of Prescribed Burns A helicopter flies along designated lines and drops rune to ten fire balls per acre The fire balls are about the size of a golf ball and serve as the mixing and delivery vessel for a reaction of potassium pernuinganate and ethylene glycol Smoke Management USFS conducts prescribed burns and manages smoke migration for sensitive areas such as the U S Manne Corps Air Station — Cherry Point existing US 70 and the adjacent neighborhoods USFS desires winds from the south or southeast during burn events to avoid or rruninuze smoke migration to those receptors Closure of the Proposed Havelock Bypass fhe proposed Havelock Bypass would need to be closed for about five hours on each of the three days during a burn event for each block NCDOT has agreed to close the proposed Havelock Bypass to facilitate prescribed burning of National Forest System lands located between existing US 70 and the pioposed Havelock Bypass USFS anticipates that road closures are possible every year and will require about five to six days per year Minutesfrorn March 17 2011Prescribed Burning Meeting R 1015 US 70 — Havelock Bypass — Craven County April 25 2011 Page 3 NCDOT is considering various methods to prevent drivers from using the proposed Havelock Bypass during prescribed bum events and will continue discussions with the USFS to determine appropriate road closure methods Pubhc Notification of Prescribed Bum Events USFS notifies the N C Division of Forestry Craven County the Havelock Fire Chief and local media of prescribed burning USFS also places notices on the doors of the affected homes and businesses USFS will provide NCDOT with a one day notice of a prescribed burn event and will notify NCDOT the morning of the burn if weather conditions change NCDOT anticipates using lughway message boards to notify drivers of the prescribed burn events and closure of the proposed bypass NCDOT will need to notify Spirit Aerosystems of the prescribed burn events with respect to their overland traffic on existing US 70 and the proposed Havelock Bypass Coordination of Traffic Signals on Existing US 70 during Closure of the Havelock Bypass NCDOT will coordinate the traffic signals on existing US 70 during closure of the I Iavelock Bypass during prescribed burn events Preferred Alternative NCDOT updated all of the human and natural environment studies within the past couple of years Based upon the findings from those studies NCDOT is still recommending Alternate 3 as the Preferred Alternative Section 7 Consultation with USFWS NCDOT has agreed to close the proposed Havelock Bypass to facilitate prescribed burning in accordance with the measures discussed during this meeting With implementation of prescribed burning of the Red cockaded Woodpecker habitat and pending the biological assessment for the Endangered Species Act Section 7 analysis USFWS anticipates a finding that the proposed Havelock Bypass may affect but is not likely to adversely affect the species Without prescribed burning to maintain the RCW habitat USFWS anticipates aleopardy call for the species Other Issues USFS requested that Hibbs Road between US 70 and NC 24 near Newport be closed periodically for prescribed burning USFS and NCDOT will continue to coordinate on prescribed burning for that facility Minutes from March 17 2011Prescrnbed Burning Meeting K 1015 US 70 — Havelock Bypass — Craven County April 25 2011 Page 4 Summary USFS maintains the Red cockaded Woodpecker habitat by prescribed burning on a three year rotation during the growing season and during the dormant season USFS tees to avoid Pridays Saturdays and Sundays for the summer burn events and will avoid burn events on holiday weekends including Memonal Day July 4's and Thanksgiving NCDOT has agreed to close the proposed Havelock Bypass to facilitate prescribed burning of National Forest System lands located between existing US 70 and the proposed Havelock Bypass USFS anticipates that road closures are possible every year and will require about five to six days per year The proposed Havelock Bypass will need to be closed for about five hours on each of the three days during a burn event for each block With implementation of prescribed burning of the Red cockaded Woodpecker habitat USFWS anticipates a finding that the proposed Havelock Bypass may affect but is not likcly to adversely affect the species Action Items 1 USFS and NCDOT will coordinate to notify the public of burn events and closure of the proposed Havelock Bypass 2 NCDOT will develop measures to prevent traffic from entering the Havelock Bypass during bum events 3 NCDOT will coordinate the traffic signals on existing US 70 during closure of the Havelock Bypass for prescribed burning 4 USFS requested that Hibbs Road between US 70 and NC 24 near Newport be closed periodically for prescribed burning USFS and NCDOT will continue to coordinate on closure of Hibbs Road for prescribed burning 5 Mr Terry Gibson the State Highway Administrator will need to review and approve these commitments for prescribed burning and closure of the proposed Havelock Bypass Mr Neil Lassiter will meet with Mr Gibson to discuss this issue Acknowledgements Please review these rrunutes and piovide me with your corrections additions or approval Should you have comments or questions during your review or want to further discuss any of these issues please contact me at (919) 707 6035 or mspierce @nedot goy I appreciate your time and look forward to your response R -1015 Bridging of Mayor Crossings Crossing Crossing Hydraulic CP2A CP413 DEIS Number Location Requirement Length Length Length (4/21/2000) 6/20/2002) 9/6/2011) Tributary 2 @ 2 @ 2 @ 2 @ 1 Of Tucker 9 x 7 x 384 9 x7 x384 9 x7 x384 9 x7 x384 Creek Southwest 164 -foot 755 -foot 899 -foot 925 -foot 2 Prong of Slocum Creek Dual bridges Dual bridges Dual bridges Dual bridges 3 East Prong of 131 -foot 1476 foot 1618 -foot 1470 -foot Slocum Creek Dual brad es Dual bnd es Dual bridges Dual bridges Exhibit 3d Exhibit 3c � RO, Exhibit 38 US 70, Havelock Bypass 1 1. �} '''\ I Map Index .4461 TIP No. R-1015 Not to Scale Craven County, North Carolina Exhibit I Exhibit 3b Exhibit 38 US 70, Havelock Bypass 1 1. �} '''\ I Map Index .4461 TIP No. R-1015 Not to Scale Craven County, North Carolina Exhibit I Match Line ' ` 1 �.. �'il rat- 16 � � � �..� 4 a m■ 06 0 19 C cc *4 0-10 0 C Z 0 z M 0 0 � 0 0 0 19 0 41 ,��� y 40a . fL.- ItJ 41� mill 0 14 zr 13't C A Ar. 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