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HomeMy WebLinkAbout20120935 Ver 1_Scoping Comments_20121008 A...A. 0.(§1© NCDENR North Carolina Department of Environment and Natural ResoureE d J� Division of Coastal Management 20/2 NOS o wq,�q Beverly Eaves Perdue Braxton C Davis 5,� `reeman Governor Director -'�-, tkpi MEMORANDUM October 12 2012 TO David Wainwright NC Division of Water Quality 1650 Mail Service Center Raleigh NC 27699 1650 FROM Steve Sollod Transportation Project Coordinator SUBJECT Proposed Old Georgetown Road Extension from SR 1184 (Ocean Isle Beach Road) to NC 179 (Brick Landing Road) in Brunswick County R 3432 Please review and comment by November 2,2012 Your responses will assist DCM in determining whether the proposed project would be consistent with the State s Coastal Management Program If the proposed project does not conform to your requirements please identify the measures that would be necessary to bring the proposed project into conformance If you have any additional questions regarding the proposed project you may contact me at 919 707 9152 ore mail at steve sollod @ncdenr gov REPLY No Comment This office supports the project as proposed Comments to this project are attached This office objects to the project as proposed Signed Date CORRECTIONS Please identify any corrections additions or deletions that should be made to contact information RETURN COMPLETED FORM to Steve Sollod Transportation Project Coordinator NC Division of Coastal Management 1638 Mail Service Center Raleigh NC 27604 or via e mail attachment to steve sollod @ncdenr gov A If: NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management ) Beverly Eaves Perdue Braxton C Davis Dee Freeman Governor Director Secretary October 12 2012 Gregory J Thorpe Ph D Er -o i i crital4iarager Directo"...--;–'---a.. .. Rn.--. ---- .,..n,,., ...� — K--,.,,, Project Development and Environmental Analysis Branch NC Department of Transportation 1548 Mail Service Center Raleigh North Carolina 27699 1548 SUBJECT Status of Consistency Certification Submission Proposed Old Georgetown Road Extension from SR 1184 (Ocean Isle Beach Road) to NC 179 (Brick Landing Road) in Brunswick County, R-3432 Dear Dr Thorpe The Division of Coastal Management(DCM)received complete documentation supporting the consistency certification for the subject proposed project from the NC Department of Transportation(NCDOT) on October 8 2012 Pursuant to the requirements of 15 CFR 930 60, the purpose of this letter is to inform NCDOT and the U S Army Corps of Engineers (USACE) that the State of North Carolina has initiated its Federal Consistency review Please be aware that additional questions about the proposed project may be identified during the consistency review process that would require the submission of additional information from NCDOT On October 12 2012 the project review period will be initiated with the project consistency documentation being distributed to State agencies that would have a regulatory interest in the proposed activity for review and comment The project review period will close on November 2 2012 We intend to make a decision regarding whether the proposed activity would be consistent with the State's coastal management program soon thereafter Pursuant to 15 CFR 930 62 the State of North Carolina has six (6) months from the receipt of the consistency certification to either concur or object to the consistency certification However, if the State of North Carolina has not reached a decision by that time, then pursuant to 15 CFR 930 62(3), DCM and NCDOT may mutually agree to extend the consistency time clock Pursuant to 15 CFR 930 53, no Federal license or permit can be issued by a Federal agency until the requirements of Subpart"D of 15 CFR 930 have been satisfied In the event the State objects to the consistency certification, the procedures of 15 CFR 930 63 and 15 CFR 930 64 would then apply 400 Commerce Avenue Morehead City North Carolina 28557 3421 Phone 252 808 28081 FAX 252 247 33301 Internet www nccoastalmanagement net An Equal Opportunity\Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Status of Consistency Certification Submission Page 2 Proposed Old Georgetown Road Extension R 3432 Please note that DCM does not typically issue a consistency concurrence decision until the applicant has obtained all other required State permits and/or authorizations Other required State approvals may include, but are not limited to a Section 401 Water Quality Certification a stormwater management permit an approved wetland and/or stream mitigation plan or acceptance of any proposed mitigation by the NC Ecosystem Enhancement Program (EEP) Before DCM makes a final decision on this consistency determination all of these approvals as required, must be obtained Please forward copies of the approvals to DCM as they are received - -- Please contact me at-919-707 9152 or via e--ail atws*e 'c so"od @ncdc^u go if yoa'"ave a' questions Thank you for your consideration of the North Carolina Coastal Management Program Sincerely fir-)0fiti-J-----&—_____ Steven D Sollod Transportation Project Coordinator cc Doug Huggett DCM Stephen Lane DCM Elizabeth Lusk NCDOT Chris Rivenbark NCDOT Stephen Rynas DCM Brad Shaver USACE Tyler Stanton NCDOT David Wainwright DWQ Debbie Wilson DCM WC"' if NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C Davis Dee Freeman Governor Director Secretary MEMORANDUM October 12 2012 TO-Patty Fowler NCMF - , Kerr Pace NCDOT Renee Gledhill Early NCSHPO Dan Sams NCDLR Debra Benoy, PWS Brian Strong,NCDPR Vagn Hansen NCDCA David Wainwright DWQ Stephen Lane NCDCM Richard Lawrence, IMS Linda Lewis, DWQ Mike Christenbury,NCDCM Tim Walton, SPO Travis Wilson,NCWRC Jessi Baker,NCDMF CC Doug Huggett DCM Manager Major Permits & Federal Consistency Debbie Wilson, District Manager, DCM Wilmington Office Stephen Rynas, DCM Federal Consistency Coordinator Brad Shaver USACE Sr-s FROM Steve Sollod, Transportation Project Coordinator SUBJECT Proposed Old Georgetown Road Extension, from SR 1184 (Ocean Isle Beach Road) to NC 179 (Brick Landing Road) in Brunswick County R-3432 The Division of Coastal Management(DCM)received complete documentation supporting the consistency certification for the subject proposed project from the NC Department of Transportation(NCDOT) on October 8 2012 The enclosed project consistency documentation is now being distributed to the State agencies that would have a regulatory interest in the proposed activity for review and comment Additional project drawings may be reviewed on NCDOT s website, http//207 4 62 65/PDEA/PermApps/ Search on the TIP Number R 3432 The project review period will close on November 2,2012 Additional review time may be granted if necessary We intend to make a decision regarding whether the proposed activity would be consistent with the State's coastal management program soon thereafter Comments may have been made by your agency earlier in the project planning NEPA/404 Merger process however we ask that you provide comments on the project at this time that pertain to the final proposed action Please contact me at 919-707-9152 or via e mail at steve sollod @ncdenr gov if you have any questions Thank you for your consideration of the North Carolina Coastal Management Program , 400 Commerce Avenue Morehead City North Carolina 28557 Phone 252 808 28081 FAX 252 247 33301 Internet www nccoastalmanagement net An Equal Opportunity\Affirmative Action Employer—50%Recycled 110%Post Consumer Paper „_„6„...., ,„;,,., .. iti„. ,, .q,.,, ...,•.. , „...,,,,, „,,,,,,,,„ STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION BEVERLY EAVES PERDUE EUGENE A CONTI JR GOVERNOR SECRETARY October 3 2012 N C Division of Coastal Management L. E: 1 1638 Mail Service Center_ .�_ _ _ w r w Raleigh NC 27699 1638 OCT 082012 ATTN Mr Steve Sollod NCDOT Coordinator DIV OF COASTAL MANAGEMENT Dear Sir RALEIGH Subject Certification for DCM Consistency for the proposed construction of an extension of SR 1163 (Old Georgetown Rd) from SR 1184 (Ocean Isle Beach Rd) to NC 179 in Brunswick County State Project 6 231023 TIP R 3432 WBS 35501 1 1 The purpose of this letter and information package is to request concurrence from the Division of Coastal Management (DCM) for the North Carolina Department of Transportation s (NCDOT) consistency certification for the above mentioned project This package consists of the supporting information half size plan sheets permit drawings utility plans and the Ecosystem Enhancement Program (EEP) confirmation letter for R 3432 NCDOT proposes to extend SR 1163 (Old Georgetown Road) from SR 1184 (Ocean Isle Beach Road)to NC 179 (Bricklanding Road) Dual lane roundabouts will be constructed at each of the abovementioned intersections in Brunswick County The project is approximately 2 9 miles in length The NCDOT has submitted an application for a U S Army Corps of Engineers (USACE) Section 404 Individual Permit as well as a N C Division of Water Quality(DWQ)Individual 401 Water Quality Certification NCDOT has reviewed the State s coastal program under 15 CFR 930 58 and 15A NCAC 07M Specifically we have considered the shoreline erosion mitigation and coastal water quality policies and the Brunswick County CAMA Core Land Use Plan The NCDOT certifies that the proposed activity complies with the enforceable policies of North Carolina s approved management program and will be conducted in a manner consistent with such program If you have any questions or need additional information please contact Tyler Stanton at(919) 707 6156 or tstanton @ncdot gov Sincerely / (�_ / E ■ 4 / T� Gregory J horpe Ph D Manager Project Development& Environmental Analysis Unit cc Stephen Lane NCDCM MAILING ADDRESS TELEPHONE 919 707 6100 LOCATION NC DEPARTMENT OF TRANSPORTATION FAX 919 212 5785 PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1020 BIRCH RIDGE DRIVE 1598 MAIL SERVICE CENTER WEBSITE WWW NCDOT ORG RALEIGH NC 27610 4328 RALEIGH NC 27699 1598 Brunswick County also considers the protection of environmentally sensitive resources including NWI wetland areas and Significant Natural Heritage Areas to be imperative in consideration of the development pressures that have recently been experienced by the County There are a notable amount of NWI identified wetlands and a designated Significant Natural Heritage Areas (specifically the Sandy Branch Sand Ridge and Bay Complex)within the FLUSA Although the project may improve accessibility to some developable land within the FLUSA the lack of municipal sewer service the existence of environmentally sensitive areas and coastal county stormwater regulations are anticipated to constrain the development of parcels immediately adjacent to the proposed project Future development within the FLUSA is expected to be concentrated along US Highway 17 and NC 179 where infrastructure is already available to support both commercial and residential growth Other Permits In addition to the DCM Consistency Determination permits to be obtained for this project include an Individual 404 permit and an Individual 401 Water Quality Certification A State Stormwater Exclusion Request has been submitted to The NC Division of Water Quality (DWQ) Division of Coastal Management(DCM) General Policy Guidelines for the Coastal Area The general policy guidelines in 15A NCAC 07M have been reviewed for applicability to this project in its entirety Explicitly the 0700 rules (mitigation) and the 0800 rules (water quality) were reviewed This project will not affect shoreline erosion or shoreline access However this project will require compensatory mitigation and impact water quality This project has been designed to avoid and minimize jurisdictional areas to the largest extent possible Best Management Practices will be in place during construction compensatory mitigation will be provided through EEP Brunswick County CAMA Core Land Use Plan The Brunswick County CAMA Core Land Use Plan was reviewed for policies and statements that would pertain to this project The purpose and need for this project as identified in the EA is based on the economic development of Brunswick County and on projected traffic volumes According to the Brunswick County Core Land Use Plan the growth in population is the result of economic diversity including the following characteristics • A developing industrial base • A strong tounsm economy • Strong construction and retail trade economies • Rapidly developing municipalities • Transportation system with good regional connections The proposed extension of SR 1163 (Old Georgetown Road) will serve as a transportation route for several municipal areas in Brunswick County that have experienced notable population growth The population growth in Ocean Isle Beach is of particular interest because the northernmost portion of the municipality is located adjacent to the western terminus of the proposed project In addition the eastern terminus is located adjacent to the southwestern area of Shallotte 4 Brunswick Tomorrow the county s 20 year vision plan and the Brunswick County Core Land Use Plan both indicate that the provision of adequate transportation is a current and future goal for Brunswick County The proposed project is intended to provide a transportation route between Shallotte Ocean Isle Beach Sunset Beach and Calabash potentially resulting in improved accessibility to businesses in these areas for local residences and tourists, though this area is already served by existing routes After reviewing the various policy statements NCDOT concludes that this project is consistent with the Brunswick County CAMA Core Land Use Plan 5 #moo•. e STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION BEVERLY EAVES PERDUE EUGENE A CONTI,JR GOVERNOR SECRETARY October 3 2012 Wilmington Regulatory Field Office US Armv Cocps of Engineers _ _ _ „ _,..v__ _ _ __� .__ 69 Darlington Avenue Wilmington North Carolina 28403 ATTN Mr Brad Shaver NCDOT Coordinator Dear Mr Shaver Subject Application for Individual Section 404 Permit and Section 401 Water Quality Certification for the proposed construction of an extension of SR 1163 (Old Georgetown Rd) from SR 1184 (Ocean Isle Beach Rd)to NC 179 in Brunswick County State Project 6 231023 TIP R 3432 Debit$570 00 from WBS 35501 1 1 The North Carolina Department of Transportation (NCDOT) Division of Highways proposes to construct an extension of SR 1163 (Georgetown Road) from SR 1184 to NC 179 in Brunswick County The purpose of this letter is to request approval for a Section 404 Individual Permit and a Section 401 Water Quality Certification In addition to the cover letter and ENG Form 4345 this application package includes the following for R 3432 stormwater management plan permit drawings utility plans half size roadway plans and EEP Acceptance Letter 1 0 Purpose and Need The purpose for this project as identified in the Final State Environmental Assessment (SEA), is to alleviate traffic congestion and improve safety along NC 179 and to establish a more efficient travel route between the towns of Shallotte and Calabash 2 0 Project Description The NCDOT proposes to extend SR 1163 (Old Georgetown Road) from SR 1184 (Ocean Isle Beach Road) to NC 179 (Bricklanding Road) Dual lane roundabouts will be constructed at each of the abovementioned intersections Total project length is 2 9 miles MAILING ADDRESS TELEPHONE 919 707 6100 LOCATION NC DEPARTMENT OF TRANSPORTATION FAX 919 212 5785 PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1020 BIRCH RIDGE DRIVE 1598 MAIL SERVICE CENTER WEBSITE W VW NCDOT ORG RALEIGH NC 27610 4328 RALEIGH NC 27699 1598 3 0 Summary of Impacts Waters of the U S Proposed impacts to jurisdictional areas total 0 73 acre of permanent riparian wetland impacts 0 10 acre of surface water impacts 0 01 acre of temporary surface water impacts 366 feet of permanent stream impacts and 25 feet of temporary stream impacts -. 4 0 Summary of Mitigation The proposed construction of R 3432 will impact 0 73 acre of jurisdictional riparian wetlands that will require mitigation The unavoidable impacts to the 0 73 acre of jurisdictional riparian wetlands will be offset by compensatory mitigation provided by the NC Ecosystem Enhancement Program (EEP) In addition the unavoidable impacts to 366 linear feet of jurisdictional stream will also be offset by compensatory mitigation provided by—EEP ..—r k.. �.,_ — _ _ _ 5 0 Project Schedule Currently R 3432 has a review date of April 30 2013 and is scheduled to let June 18 2013 it will be available for construction shortly thereafter The let date however may advance as additional funds become available 6 0 SEPA Document Status The NCDOT completed the SEA March 25 2009 in compliance with SEPA guidelines The SEA explains the purpose and need for the project provides a description of the alternatives considered and characterizes the social economic and environmental effects The SEA was approved and circulated to federal state, and local agencies Then following the SEA a State Finding of No Significant Impact (SFONSI) Statement was completed January 8 2010 and an Environmental Document Update was completed August 29 2011 Copies of the project documents have been provided to regulatory review agencies involved in the approval process Additional copies will be provided upon request 61 Independent Utility R 3432 meets the criteria for independent utility as discussed below ® The project has logical termini and independent utility and is of sufficient length to address environmental matters on a broad scope • The project is usable and a reasonable expenditure of funds even if no additional transportation improvements are made in the area and • The project does not restrict consideration of alternatives for other reasonably foreseeable transportation improvements 7 0 Resource Status The project is located in the Lumber River Basin and lies within Hydrologic Unit 03040207 This is within the Southern Outer Coastal Plain eco region 71 Wetland Delineations A wetland identification and preliminary assessment analysis for the study area was performed and summarized in the 2008 Natural Resources Technical Report (NRTR) The wetlands within the study area were delineated based on the 1987 U S Army Corps of Engineers (USACE) Wetland Delineation Manual and a preliminary design was prepared to avoid and minimize wetlands to the maximum extent possible 2 Wetland delineations were completed in early 2006 and field verified by Mr Dave Timpy of the USACE Wilmington District on March 6 2006 Subsequently wetland delineations were updated in June 2011 This delineation was then field verified by Mr Brad Shaver of the USACE Wilmington District on October 14 2011 72 Stream Delineations Data collected for streams were derived from USGS topographic maps the Brunswick County Soil Survey (USDA 1986) and site reconnaissance The data included stream classification which was presented in the NRTR The USACE concurred on stream classifications on October 14 2011 when Mr Brad Shaver with the USACE visited the site 7 i + R-34i2 Oiaractertzatton of Jurisatcuonal Sues — w.. `. " - R w- 7 3 1 Wetlands There are two wetland communities (classified under NCWAM Guidelines) found within the project study area Headwater Forest and Pine Flat In the SEA and the NRTR Cowardin et al 1979 along with a Riverme/Non Riverme designation were used to classify wetland communities Therefore these two communities are described as PFO3,4 Riverine and PFO4 Non Riverme respectively 7 3 2 Streams Best Usage Classifications for jurisdictional streams are provided in the SEA Due to the project s proximity to the coast several waters designated as High Quality Water(HQW) SA occur within 1 0 mile of the project area These waters are HQW due to their supplemental classification (SA) of Tidal Salt Waters that are used for commercial shellfishmg or marketing purposes As such NCDOT s Design Standards in Sensitive Watersheds will be implemented for this project Neither Water Supplies (WS I undeveloped watersheds or WS II predominately undeveloped watersheds) nor Outstanding Resource Waters (ORW) occur within 1 0 mile of the project study area The tributaries impacted by this project are not designated as North Carolina Natural or Scenic Rivers or as National Wild and Scenic Rivers Additionally these waters are not listed on the Final 2010 303(d) list of impaired waters due to sedimentation or turbidity for the Lumber River Basin nor do they drain into any Section 303(d) impaired waters due to sedimentation or turbidity within 1 0 mile of the project study area 7 4 Impacts to Jurisdictional Resources Impacts to jurisdictional wetlands and surface waters for R 3432 are summarized below in Tables 1 & 2 respectively Wetland impacts have increased since the completion of the SFONSI however this was noted in the Environmental Document Update dated August 29 2011 Additionally stream impacts have increased since the Environmental Document Update due to the need to realign the stream at site 5 to correct problems with scour and headcutting Table 1 R 3432 Wetlands Impacts Permit Map Label in SEA Permanent Temporary Mitigation Drawing Site (2009)/Label for JD Type Impacts Impacts Required Number (2012) (2011) (ac) (ac) 2 WC/WC Riparian 0 03 0 Yes 3 WC/WC Riparian 0 51 0 Yes 4 WC/WD Riparian 019 0 Yes Total 0 73 0 3 Table 2 R-3432 Surface Water Impacts Permit Map Label in Permanen SEA Temporary Permanent Temporary Mitigation Drawing Numberite (2009)/Label (ft) (ft) (ac) (ac) Required* for.1(D (2011) _ 1 Not Listed/SC 0 0 0 03 <0 01 No 2 Not Listed/SB 200 10 0 05 <0 01 Yes 5 SE/SA 166 15 0 02 <0 01 Yes Total 366 25 0 10 0 01 *For permanent linear impacts Permanent Impacts Proposed permanent impacts-for R 3432 include fill excavation and mechanized clearing to 0 73 acre of riparian wetlands Proposed permanent impacts to surface waters are 366 linear feet (0 10 acre) which includes two pipes proposed to be installed in unnamed tributaries (UT) to Jinnys Branch (sites 2 & 5) and a pipe installation in a tributary to Waters of the U S (site 1) Temporary Impacts There will be 25 linear feet (0 01 acre) of temporary impacts to surface water due to pipe installations Utility Impacts There will be no impacts to jurisdictional resources resulting from project construction 8 0 Protected Species The United States Fish and Wildlife Service (USFWS) list 13 federally protected species for Brunswick County as of the March 21 2011 listing (Table 3) Table 3 Federally Protected Species in Brunswick County Scientific Name Common Name Federal Habitat Biological Status Conclusion Alligator mississippiensis _American alligator T(S/A) No N/A Chelonia mydas Green sea turtle T No No Effect Lepidochelys kempii _Kemp's ridley sea turtle E No No Effect Eretmochelys imbricata Hawksbill sea turtle E No No Effect Dermochelys coriacea _ Leatherback sea turtle E No No Effect Caretta caretta Loggerhead sea turtle T No No Effect Charadrius melodus Piping plover T No No Effect Picoides borealis Red cockaded woodpecker E Yes No Effect Sterna dougallii dougallu Roseate tern E No No Effect Acipenser brevirostrum Shortnose sturgeon E No No Effect Trichechus manatus West Indian manatee E No No Effect Lysimachia asperulaefolia Rough leaved loosestrife E Yes No Effect Amaranthus pumilus Seabeach amaranth T No No Effect Key E=Endangered T=Threatened T(S/A)=Threatened(Similarity of Appearance) A review of the North Carolina Natural Heritage Program (NCNHP) database updated April 2012 indicated no known occurrences of protected species within one mile of the project study area 81 Bald and Golden Eagle Protection Act(BGPA) In the July 9 2007 Federal Register (72 37346 37372) the bald eagle was declared recovered and removed 4 (de listed) from the Federal List of Threatened and Endangered wildlife This delisting took effect August 8 2007 After delisting the Bald and Golden Eagle Protection Act (Eagle Act) (16 U S C 668 668d) became the primary law protecting bald eagles For this project it has been concluded that no nesting or foraging habitat exists in or within 660 feet of the project limits 8 2 Moratoria No moratoria have been recommended for R 3432 9 0 Cultural Resources An updated archaeological investigation was completed for the project area in November 2009 No eligible wM W t� S u -1:3"CSC''' a* ., (1rrce �S►Ces were Uisl uVereQ in tue plojcCi. alga Vii De c1I1ber 1 V GCO9 1i a Sac v" v-1:3"C SC''' .. (SHPO) sent a letter to NCDOT stating that they had reviewed and concurred with the conclusions in the updated archaeological report therefore no additional investigations will be necessary In letters dated April 4 1996 and August 8 2006 the North Carolina Historic Preservation Office (NCHPO) determined that this project as it is proposed will not affect any historic structures 10 0 FEMA Compliance The project has been coordinated with appropriate state and local officials and the Federal Emergency Management Agency (FEMA)to assure compliance with FEMA state and local floodway regulations 11 0 Mitigation Options The NCDOT is committed to incorporating all reasonable and practicable design features to avoid and minimize jurisdictional impacts and to provide full compensatory mitigation of all remaining unavoidable jurisdictional impacts Avoidance measures were taken during the planning and NEPA compliance stages minimization measures were incorporated as part of the project design 11 1 Avoidance and Minimization All jurisdictional features were delineated field verified and surveyed within the corridor for R 3432 Using these surveyed features preliminary designs were adjusted to avoid and/or minimize impacts to jurisdictional areas NCDOT employs many strategies to avoid and minimize impacts to jurisdictional areas in all of its designs Many of these strategies have been incorporated into BMP documents that have been reviewed and approved by the resource agencies and which will be followed throughout construction All wetland areas not affected by the project will be protected from unnecessary encroachment Individual avoidance and minimization items are as follows o No staging of construction equipment or storage of construction supplies will be allowed in wetlands or near surface waters O The project was designed to avoid or minimize disturbance to aquatic life movements © The selected alternative was chosen to avoid a potential Environmental Justice issue as well as minimize wetland impacts ® NCDOT and its contractors will not excavate fill or perform land clearing activities within Waters of the U S or any areas under the jurisdiction of the USACE except as authorized by the USAGE To ensure that all borrow and waste activities occur on high ground except as authorized by permit the NCDOT shall require its contractors to identify all areas to be used to borrow material or to dispose of dredged fill or waste material Documentation of the location and characteristics of all borrow and disposal sites associated with the project will be available to the USAGE on request 5 o Storm water will be treated using grass swales o The use of 3 1 fill slopes in all jurisdictional areas o Design Standards in Sensitive Watersheds will be implemented o Grassed ditches shoulders and slopes were incorporated to aid in treatment of runoff o Re alignment of stream and pipe at -Yl0 STA 29+50 is necessary to correct issues of scour and headcutting o Minimized use of curb and gutter and maintained grass shoulder sheet flow throughout project to the maximum extent practical 113 Compensation The NCDollhac avoided and minimized imnartc to jiiricdictunnal resniirres to the greatect extent nnccihle a� described above The unavoidable impacts to jurisdictional riparian wetlands and surface waters will be offset by compensatory mitigation provided by the EEP A copy of the EEP acceptance letter dated June 7 2012 is attached 12 0 Indirect and Cumulative Effects As detailed in the 2008 Indirect and Cumulative Effects (ICE) analysis Land use change is anticipated to occur within the boundaries of the Future Land Use Study Area (FLUSA)along US Highway 17 and NC 179 regardless of the construction of the proposed project This will be facilitated primarily by the notable increase in population that has been projected over the next decade According to local planning officials the population growth in Brunswick County is expected to continue Brunswick County adheres to a Unified Development Ordinance and has a central permitting office and planning department that oversees the enforcement of the zoning ordinances The two largest zoning districts within Brunswick County are Residential Agriculture and Residential These two districts account for 92 1 percent of the County s land that is not included within a municipality s corporate limits or extraterritorial jurisdiction The FLUSA is not within a municipality s corporate limits or extraterritorial jurisdiction but is adjacent to the satellite range where Ocean Isle Beach supply s sewer service There are currently no public sewers in the project area To accommodate growth that has already occurred and to prepare for future growth the County has developed goals for managed growth infrastructure, economic development,job growth, and quality of life issues Brunswick County has developed a CAMA Land Use Plan titled Brunswick County Core Land Use Plan (2007 recertified 2011) which includes the implementation of the improved stormwater rules in coastal counties Brunswick County also considers the protection of environmentally sensitive resources including NWI wetland areas and Significant Natural Heritage Areas to be imperative in consideration of the development pressures that have recently been experienced by the County There are a notable amount of NWI identified wetlands and a designated Significant Natural Heritage Areas (specifically the Sandy Branch Sand Ridge and Bay Complex) within the FLUSA Although the project may improve accessibility to some developable land within the FLUSA the lack of municipal sewer service the existence of environmentally sensitive areas and coastal county stormwater regulations are anticipated to constrain the development of parcels immediately adjacent to the proposed project Future development within the FLUSA is expected to be concentrated along US Highway 17 and NC 179 where infrastructure is already available to support both commercial and residential growth 6 13 0 Regulatory Approvals Section 404 Application is hereby made for a USACE Individual 404 Permit as required for the above described activities Section 401 We are also requesting a Section 401 Water Quality Certification from the NCDWQ We are providing five (5) copies of this application to the NCDWQ for their approval CAMA Under separate cover NCDOT is submitting a request for a CAMA Federal Consistency Review from the N C Division of Coastal Management for R 3432 A copy of this permit application and its distribution list will be posted on the NCDOT website at nttp iiwww ncaot orgiaonipreconstrucvpeineuipermit htmi` "` _ `µ .. If you have any questions or need additional information please contact Tyler Stanton at 919 707 6156 or tstanton @ncdot gov Sincerely F,iktisik Gregory J Thorpe Ph D Manager Project Development and Environmental Analysis Unit cc NCDOT Permit Application Standard Distribution List 7 • Fuji 4f Fcosystem PROGRAM June 7 2012 Mr Gregory 1 Thorpe Ph D M nine Pin ert Dnvelnnmepf n j Pnv► nnment I Analvcic Unit North Carolina Department of Transportation 1548 Mail Sei vice Center Raleigh North Carolina 27699 1548 Dear Dr I horpe Subject EEP Mitigation Acceptance Letter R 3432 SR 1 163(Georgetown Road Extension)from SR 1 184(Ocean Isle Beach Road) to NC 179 Brunswick County The purpose of this letter is to notify you that the Ecosystem Enhancement Program(I•FP)will provide the compensatory stream and riparian wetland mitigation for the subject project Based on the information supplied by you on June 5 2012 the impacts are located in CU 03040207 of the Lumber River basin in the Southern Outer Coastal Plain(SOCP)Eco Region and are as follows Lumber Stream Wetlands Buffer(Sq Ft) 03040207 — Non Coastal SOCP Cold Cool Warm Riparian Riparian Mash Zone I Zone 2 Impacts 0 0 366 0 73 0 0 0 0 (feet/acres) _ EFP commits to implementing sufficient compensatory stream and riparian wetland mitigation credits to offset the impacts associated with this project as determined by the regulatory agencies in accordance with the N C Department of Environment and Natural Resowces Ecosystem Enhancement Program In Lieu Fee Instrument dated July 28 2010 If the above referenced impact amounts are revised then this mitigation acceptance letter will no longei be valid and a new mitigation acceptance letter will be required trom EEP It you have any questions or need additional information please contact Ms Beth H it mon at 919 715 1929 Sincerely tAtj Ail, Michel Ellison EEP Deputy Directoi cc Mr Brad Shaver USACF—Wilmington Regulatory Field Office Mr David Wainwright Division of Water Quality Wetlands/401 Unit File R 3432 ®NRstor Protect Our Stag ER North Carolina Ecosystem Enhancement Program 1652 Mail Service Center Raleigh NC 27699 1652/919 715 0476/www nceep net , $$$$$$SYSTIME$$$$$ $$$$$$$$$$$$$$$$DCN$$$$$$$$$$$$$$$$ $$$SUSERNAMESS$S I t 09/08/99 C#INT'r'' A, CT. 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