20141132 All Versions_Other Agency Comments_20090824

Section 404 /NEPA Merger 01 Issue Brief — August 24, 2009
Submitted by: Gary Jordan, USFWS
Project Name and brief description: R -2501, US 1 from Sandhill Rd. (SR 197 1) to
Marston Rd. (SR 1001), Richmond County
2. Last Concurrence Point and Date: CP 3 on February 15, 2001
CP 2A /4A meeting held on August 20, 2009 but no concurrence reached
3. Explain what is being proposed and your position including what you object to.
Of nine major stream crossings, NCDOT proposes culverts at seven. The USFWS concurs
with the seven culverts. For Structure 7, NCDOT proposes a 450' bridge over South Prong
Falling Creek. The USFWS concurs with the 450' bridge. However, for Structure 8,
NCDOT proposes a 120' bridge over Falling Creek at the McDonalds Pond Restoration Site.
The USFWS does not concur with a 120' bridge for Structure 8, but prefers the 480' bridge
option.
4. Explain the reasons for your potential non - concurrence. Please include any data or
information that would substantiate and support your position.
The R -2501 preferred alternative bisects the EEP site known as McDonalds Pond Restoration
Site. The site is a combination of restoration, enhancement and preservation of both stream
and wetlands. It is in its fourth year of monitoring, and has been shown to be an exemplary
site. The road alignment bisects the site within portions of the wetland enhancement and
preservation areas. Structure 8 lies within a wetland enhancement area.
Structure 8 would be constructed within an exceptional quality wetland system that is
characterized by a highly braided stream system. The wetlands are excellent wildlife habitat
with great diversity in micro- topography, being characterized by many vegetated hummocks.
The highly braided channel system is key to the high quality of the wetland system. The
braided system is approximately 500' wide where the road will bisect. If a mere 120' bridge
is placed in this location with causeway filling the remainder, the 500' wide braided system
through this high quality wetland would likely be necked down to a single deeper channel,
thus significantly impacting the character and quality of this exceptional wetland system.
NCDOT opposes a 480' bridge at this location because it believes that an increased cost of
approximately 3 million dollars is unreasonable to save an additional 2.3 acres of wetlands
(4.45 acres of wetland impact with a 120' bridge as opposed to 2.15 acres with a 480'
bridge). However, these are only the direct and jurisdictional impacts. Necking a 500' wide
braided channel wetland system down to 120' will most likely cause many indirect and /or
secondary wetland effects downstream and possibly upstream of the bridge. Though these
indirect or secondary wetland impacts are not jurisdictional, they are real nonetheless.
Constructing a 480' bridge will help maintain the high quality of the wetlands that lie outside
of the project footprint.

5. List any relevant laws or regulations that you believe would be violated or jeopardized
if the proposed action were implemented and explain the basis for violation.
i
The USFWS believes that Section 404(b)(1) of the Clean Water Act would be violated if
NCDOT does not further minimize impacts to the high quality wetland system and braided
stream system at Structure 8.
The Fish and Wildlife Coordination Act (FWCA) (16 U.S.C. 661 -667d) provides the basic
authority for the USFWS involvement in evaluating impacts to fish and wildlife from
proposed water resource development projects. It requires that fish and wildlife resources
receive equal consideration to other project features. It also requires Federal agencies that
construct, license or permit (e.g. Section 404) water resource development projects to first
consult with the Service and State fish and wildlife agencies regarding the impacts on fish
and wildlife resources and measures to mitigate these impacts. Specifically, the USFWS
provides comments and recommendations to the U.S. Army Corps of Engineers for the
issuance of Section 404 Clean Water Act permits.
6. What alternative course of action do you recommend?
NCDOT should concur with the resource agencies on the Merger Team to construct a 480'
bridge for Structure 8. An additional benefit to constructing the longer bridge is that the 220'
x 60" concrete pipe located near Structure 8 would no longer be necessary.