20161268 Ver 1_U-4751 R-3300 Signed CP 3 Concurrence Forms_20121022

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SECTION 41141 INTERAGENCY AGREEMENT
LEAST ENVIRONMENTALLY DAMAGING PRACTICABLE
IL,LTERNATIVE (LE(YY, ice! A)
Proposed SR 1409 (Nfilitary Cutoff Rom]) 1,*.xIrct7sionan(i Prolmsed LIS 17 Hampstead Bypass, New
Hanover and Pen(ler Counties
'I'll) Nos. 1.,L,1751 (Militaty Cutoff Rom] kxtension) and R-3300 (I lampstead Byl)ass)
State Project No. ,1i1191.1.2, Corps \Ction 117 2007 1386
'I'lle purpose of ilic 17 Corridor StLId%' is to iIIII)rOVC dIC ttaffic carrying capacity and safety of the
I'S Pan(] Market Street corticlor in the project area.
LEAST ENVIRONMKNYALt-Y DAMAGING PRACTICABLE ALTERNATIVE (LEDPA):
I. Alternative Nit -4-F.-H Yes No 4. Alternative t\11,41' El Yes E No
2. Altertiative, N121 0
] Yes No 5. Mternative 112+1' EJ Yes E No
3. Alternative,\11-1-It U 'Yes 0 No
The project team has concurred on the LRDPA for the proposed project as listed above.
NAME

SECT113N 404/NEPA INTERAGENcy AGREEMENT
CON13URRENCE P13INT No. :3
LEAST F—NVIRnNMENTALLY DAMAGING PRATI CAISLE
ALTERNATIVE (LEDPA)
PROJECT TITLE AND PROJECT NUMBERS:
Proposed SR 1409 (Military Cutoff Road) Extension and Proposed US 17 Hampstead Bypass, New
Hanover and Pencler Counties
'I'll? Nos. U-4751 (Military Cutoff Road F'?xterision) and 8-3300 (Hampstead Bypass)
State project No. 140191,12, Corps Action 11) 2007 1386
PURPIDSE: AND NEEo OF THE PpopasEo Ac*riON."
The purpose of the US 17 Corridor Study is to improve the traffic carrying capacity and safety of the
I-IS 17 and Market Street corridor in the project area.
LEAST ENVIRONMENTALt-Y DAMA13ING PRACTICABL-E ALTERNATIVE (LEDPA):
1. AlternativeMl+fl-t-1 -yes No 4, Alternative M14-U E] Yes Z No
2. Alternative M2-1 0 Yes
3. Alternative Nil I 1� No 5. Alternative M2+I-J' Yes X No
Yes No
The project team has coxicutred on the 1,EDPik for die proposed project as listed above.
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SECTION 404 /NEPA INTERAGENCY AGREEMENT
CONCURRENCE POINT No. 3
LEAST ENVIRONMENTALLY DAMAGING PRACTICABLE
ALTERNATIVE (LEDPA)
PROJECT TITLE ANO PROJECT NUMBERS:
Proposed SR 1409 (Military Cutoff Itoad) Extension and Proposed 11S 17 Hampstead Bypass, New
Hanover and Pender Cowaties
TIP Nos. U -4751 (Military Cutoff Road H?,xtension) and R -3300 (Hampstead Bypass)
State Project No. 40191.1,2, C';orps fiction ID 2007 1356
PURPOSE ANo NEEo OF THE PRo{'OSEo ACTION.
The purpose of the (1S 17 Corridor Study is to improve the traffic carrying capacity and safety of the
US 17 and Market Street: corridor in the project area.
LEAST ENVIRONMENTALLY DAMAGING PRACTICABLE ALTERNATIVE (L.EOPA):
L Alternative Yes No 4, Alternative M1 +1_ Yes ® No
2. illtemative h12-+ 0 [ Yes No 5. Alternative N12 I -L, Yes ® No
3. Mtemative ti11 I Ii Yes No
The project team has concurred on the LEDPA for the proposed project as listed above.
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June 6, 2012
MEMORANDUM
To: Brad E. Shaver, U.S. Army Corps of Engineers, Wilmington District
David Wainwright, N.C. Division of Water Quality
Jay McInnis, North Carolina Department of Transportation
Cc: NEPA/Section 404 Merger Team Agency Representatives
Jeffrey Garnett, U.S.E.P.A. Water Division
THRU: �J.h�u eller U.S.E.P.A. NEPA Program Office
From: er A. i i sc er, A. Merger Team Representative
RE: U- 4751/R -3300, Military Cutoff Road Extension/US 17 Hampstead Bypass, Pender and
New Hanover Counties; Concurrence Point 3 — LEDPA
I have reviewed the Conceptual Mitigation Plan (CMP) dated June of 2012 by the North
Carolina Department of Transportation ( NCDOT) as was requested by the U.S.E.P.A. in its
November 15, 2011, letter on the Draft Environmental Impact Statement (DEIS).
Based upon past NCDOT supplemental information regarding the Cape Fear Public Utilities
Authority Wellhead Protection Area (CPFUA -WPA) and avoidance and minimization measures
proposed by NCDOT, I conditionally concur with the selection of Alternative M1 for TIP Project
No. U -4751 as the LEDPA. This concurrence is conditioned on final designs, final avoidance
and minimization measures, and the identified environmental commitments made by NCDOT.
Potential impacts to CFPUA current and future water supplies need be avoided in accordance
with 33 CFR 320.4(m) and Section 101(g) of the Clean Water Act.
Based upon the CMP provided, the discussions during the CP 3 meeting held on May 17, 2012,
and other environmental concerns identified by the U.S.E.P.A. in the November 15, 2011, letter,
I abstain from concurring on Alternative E -H as the LEDPA for TIP Project No. R -3300. Based
upon the CMP, stream mitigation sites are still "under construction" and there are no assurances
that adequate credits to compensate for Alternative E -H stream impacts will be available at the
time of permit applications. The CMP does not identify any other transportation project
mitigation needs in the two HUCs. EPA will be requesting that final mitigation plans comply
with the 2008 Federal Compensatory Mitigation Rule (33 CFR Parts 325 and 332 and 40 CFR
Part 230).
I plan to continue participation in the NEPA/Section 404 Merger team process. Thank you.