20141132 All Versions_Other Agency Comments_20090903

SECTION 404/NEPA MERGER O1 ISSUE BRIEF: 9/3/09
Submitted by: Christopher A. Militscher, REM, CHMM
Merger Team Representative
USEPA Raleigh Office
Kathy Mathews, Life Scientist
USEPA Wetlands Section
THRU: Heinz J. Mueller, Chief
NEPA Program Office
USEPA Region 4
Thomas C. Welborn, Chief
Wetlands, Coastal Protection Branch
USEPA Region 4
To: Steve L. Brown, P.E., Project Planning Engineer
Planning Development and Environmental Analysis Branch
NCDOT
1. Project Name and Brief Description: TIP No.: R -2501, US 1, from Sandhill Road to
Marston Road, Richmond County. Pipeline Merger project that includes 19.2 miles of
widening and new location, multi -lane, median- divided facility.
2. Last Concurrence Point (signed): CP 3 Least Environmentally Damaging Practicable
Alternative (LEDPA). Date of Concurrence Point 3 Meeting: 2/15/01
3. Proposal and Position: NCDOT requests concurrence on CP 2A/4A, Bridging
Decision and Alignment Review and Avoidance and Minimization for 9 major wetland
and stream crossings. EPA concurs with 8 of the 9 major wetland and stream crossing
recommendations ( "NCDOT Preferred "). NCDOT is proposing a 120 -foot bridge at
Structure #8, Falling Creek (W37) at the McDonalds Pond EEP Restoration Site. During
the 11/12/08, field review meeting, all of the resource and permitting agencies requested
a longer bridge (Approximately 480 feet) to span the entire High Quality EEP
enhancement and preservation site. The information concerning bridge costs and impacts
that is contained in the August 20, 2009, meeting concurrence package does not appear to
be accurate or complete.
4. Reasons for Non - concurrence: FHWA and NCDOT have not demonstrated appropriate
avoidance and minimization to jurisdictional wetlands and streams consistent with
Section 404(b)(1) of the Clean Water Act. Alternative 21 (the LEDPA) of the proposed
new location project impacts approximately 5,627 linear feet of streams, 48.9 acres of
wetlands, and 36.2 acres of jurisdictional ponds (based upon slope stakes + 10 feet). The
information concerning bridge costs and impacts does not appear to be accurate or
complete.

A. Bridge costs between the 120 -foot NCDOT preferred bridge and the 480 -foot or
500 -foot bridge preferred by USACE, NCDWQ, USFWS, NCWRC and EPA are
not fully detailed. Total project costs for R -2501 have not been updated or
provided to the Merger team.
B. Mitigation costs between the two bridge lengths are not included in the
concurrence meeting package.
C. A vertical profile was provided for Structure 7 at South Fork Falling Creek but
was not included for Structure 8 at McDonald's Pond EEP Mitigation Site (i.e.,
Wetland #37, Falling Creek).
D. There was no legend, scale, or north arrow shown on the figure entitled "R -2501
Structure 8 Falling Creek/McDonaId's Pond Restoration Site ". From this design
figure, it appears that the dual 2 -lane, 480 -foot bridges are separated by an
approximate 65 -foot median. There is no discussion concerning the need to
separate these dual bridges by 65 feet and thereby causing greater wetland fill
impacts.
E. Similarly, this figure depicting the USACE suggested northern alignment and
525 -foot dual bridges shows a distance between the two bridges of approximately
65 feet. There is no information in the concurrence meeting package that explains
the need for the dual bridges to be spaced this far apart (i.e., Constructability
issues).
F. As identified during the field meeting and as subsequently questioned by
USACE's Tom Steffens, a 120 -foot bridge at Structure 8 would not span the
existing sewer easement pipe. The fill slope lines shown in this figure would
appear to cover more than 250 feet of the sewer line (EPA calculates that the
Right of Way — ROW is approximately 290 feet according to this design figure).
G. EPA and USACE's Steffens estimate that between 10 to 20 feet of fill would
cover the sewer pipe and several maintenance access ports and would eventually
require relocation in the existing EEP mitigation site. This potential additional
direct impact to jurisdictional wetlands is neither discussed nor detailed in the
concurrence package.
H. NCWAM was performed on Structure 7 South Fork Falling Creek (a larger
wetland site) but not on Structure 8 McDonald's Pond EEP Mitigation Site.
1. There appears to be multiple `fill slope lines' (dashed Hines) on this figure with
no explanation for the different lines.
J. As with Structure 4 at Watery Branch, NCDOT has mischaracterized EPA's
request to reduce the median width through jurisdictional wetlands. NCDOT cites
that the median is to be reduced to 46 feet for minimization purposes. EPA does
not believe that this standard median width for a 4 -lane facility is demonstrating
minimization or avoidance.
K. The bridge costs are confusing and not consistent: The difference between a 450 -
foot bridge ( NCDOT preferred that meets the FEMA requirements) and the 830 -
foot bridge (Agency preferred) or 380 feet at Structure 7 is $2,376,000. The cost
difference at Structure 8 between a 120 -foot bridge ( NCDOT preferred) and 480 -
foot bridge (Agency preferred) or 360 feet is $4,267,000 - $1,147,000 =
$3,120,000. Tile differences have not been adequately explained or documented.

The Merger concurrence package does not detail the uniqueness and very high quality
nature of the McDonalds Pond EEP Mitigation Site. This site has been characterized
by other agencies as being exceptional quality, especially as it relates to wildlife
habitat. NCDOT has not fully examined the indirect impact of constricting this
braided stream, vegetated hummock system with a 120 -foot bridge. NCDOT has not
formally acknowledged that a 480 -foot Structure 8 would no longer necessitate the
construction of a wildlife passage at Falling Creek (220 feet by 60 -inch concrete
pipe): $40,000. NCDOT has not proposed reasonable avoidance and minimization
measures for the R -2501 new location project (e.g., Reduced median widths,
restricted distances between dual bridges, reduced shoulders widths, steeper side
slopes, bridging high quality wetland systems, horizontal alignment shifts, etc.).
5. Potentially Violated Laws /Regulations: Section 404(b)(1) of the Clean Water Act,
6. Alternative Course of Action: NCDOT needs to provide full and accurate information
to the Merger team and NCDOT and FHWA should concur with USACE, NCDWQ,
USFWS, NCWRC and EPA on a 480 -foot structure at the McDonalds Pond EEP
Mitigation Site.