U-4751 & R-3300 consistency determination final June 16 2017

Coastal Management
ENVIRONMENTAL QUALITY
June 16, 2017
Mr. Philip S. Harris III
N.C. Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina 27699-1598
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
SUBJECT: CD17-018 - Consistency Concurrence regarding the proposed SR 1409
(Military Cutoff Road) extension and US 17 Hampstead Bypass in New
Hanover and Pender Counties, TIP U-4751 & R-3300 (DCM #20170006)
Dear Mr. Harris:
The N.C. Division of Coastal Management (DCM) received the N.C. Department of
Transportation (NCDOT) consistency submission on December 21, 2016 regarding a proposal to
construct TIP U-4751 and TIP R-3300. DCM received revised information regarding the project
on May 26, 2017. TIP U-4751, the Military Cutoff Road extension, is a 5.5 mile six -lane divided
roadway on new location from its current terminus at US 17 Business in Wilmington north to an
interchange with the US 17 Wilmington Bypass in New Hanover County. TIP R-3300, the US
17 Hampstead Bypass, is a freeway mostly on new location connecting to the proposed Military
Cutoff Road Extension at the existing US 17 Wilmington Bypass and extending to existing US
17 north of Hampstead in Pender County.
North Carolina's coastal zone management program consists of, but is not limited to, the Coastal
Area Management Act, the State's Dredge and Fill Law, Chapter 7 of Title 15A of North
Carolina's Administrative Code, and the land use plan(s) of the counties and/or local
municipalities in which the proposed project is located. It is the objective of DCM to manage the
State's coastal resources to ensure that proposed Federal activities would be compatible with
safeguarding and perpetuating the biological, social, economic and aesthetic values of the State's
coastal resources.
TIP U-4751 and TIP R-3300 are considered one complete project for the purposes of the
NEPA/404 merger process. The total length of the selected alternative for the two projects is
approximately 17.5 miles. Construction of the entire project, including both TIP U-4751 and
TIP R-3300, is expected to permanently impact up to 216.38 acres of wetlands, 10.32 acres of
surface waters, and 14,022 linear feet of streams. However, the TIP R-3300 section of the
project is currently unfunded and jurisdictional resource impacts of that section of the project are
not based on final design.
State of North Carolina I Environmental Quality I Coastal Management
Morehead City Office 1400 Commerce Avenue I Morehead City, NC 28557
252 808 2808

DCM has reviewed the submitted information pursuant to the management objectives and
enforceable policies of Subchapters 7H and 7M of Chapter 7 in Title 15A of the North Carolina
Administrative Code. DCM concurs that the proposed project by the NCDOT is consistent, to
the maximum extent practicable, with North Carolina's certified coastal management program,
with the following conditions
1. This Conditional Consistency Concurrence applies to the full complete project at the
current stage of project development and environmental analysis that has been attained.
Therefore, this Conditional Consistency Concurrence certifies consistency of TIP U-4751
for the purposes of construction. However, this Conditional Consistency Concurrence
does not certify consistency of TIP R-3300 for the purposes of construction.
2. In the future, when the final design and a compensatory mitigation plan for TIP R-3300
are complete, NCDOT shall submit a Supplemental Consistency Determination to DCM
in accordance with provisions of Federal Consistency under 15 CFR § 930.46,
Supplemental Coordination for Proposed Activities. NCDOT shall request that DCM
respond with a determination if the project with the proposed changes, including final
design and a compensatory mitigation plan for TIP R-3300, remains consistent with
North Carolina's Coastal Management Program.
Prior to the initiation of the described activities, NCDOT should obtain any required State
approvals or authorizations. Should the proposed action be modified, a revised consistency
determination could be necessary. This might take the form of either a supplemental consistency
determination pursuant to 15 CFR 930.46, or a new consistency certification pursuant to
15 CFR 930.36. Likewise, if further project assessments reveal environmental effects not
previously considered by the proposed development, a supplemental consistency certification
may be required.
If you have any questions, please contact DCM Transportation Project Coordinator Cathy
Brittingham at [phone] or via e-mail at [e-mail]. Thank you for
your consideration of the North Carolina Coastal Management Program.
Sincerely,
Doug Huggett
Manager, Major Permits Unit
cc: Stephen Lane, DCM
Chris Rivenbark, NCDOT
Brad Shaver, USACE
Joanne Steenhuis, DWR
State of North Carolina I Environmental Quality I Coastal Management
Morehead City office 1400 Commerce Avenue I Morehead City, NC 28557
252 808 2808