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HomeMy WebLinkAbout20050785 All Versions_Application_20100726 (4)H d ?a? STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR August 5, 2005 o? G 09 sgNO ?qr ??Op D F s, sroR?QU? ,,? q?Rry ep,? cy LYNDO TIPPETT SECRETARY N.C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 ATTN.: Mr. John Hennessy Transportation Permitting Unit Supervisor Dear Sir: Subject: Application Resubmittal for an Individual 401 Water Quality Certification for Improvements to US 17 From South of SR 1127 (Possum Track Road) to North of SR 1418 (Roberson Road). Beaufort County. State Project No. 8.T150601. Federal Aid Project MAF- 75-3 (26). WBS 34440.1.1. Debit Work Order No. 34440.1.1. TIP No. R-2510. USACE Action ID 199301143. Reference: Original application dated May 3, 2005. As you are aware, the North Carolina Department of Transportation (NCDOT), Division of Highways, in consultation with the Federal Highway Administration (FHWA) proposes to improve US 17 in Beaufort County, 0.5 mile south of SR 1127 (Possum Track Road) near Hackney to 0.2 mile north of SR 1418 (Roberson Road) near Old Ford. The proposed project is approximately 15 miles in length. Summary of Impacts to Waters of the U.S.: Proposed impacts to jurisdictional areas of R-2510 consist of a total of 12.41 acres of permanent wetland impacts (8.53 acres of riverine, 3.88 acres of non-riverine), -9-i:5--acre of fill in surface waters, and 4,244.4 linear feet of stream channels. Table 1 summarizes the jurisdictional impacts associated with the R-2510 project by Sections A, B, and C. Wetland impacts have been reduced by bridging the wetland associated with the Tar-Pamlico River. • Proposed impacts to jurisdictional areas of Section R-2510A consist of 4.83 acres of wetlands, 0.06 acre of surface water impacts, and 478.0 linear feet of stream channel impacts. Wetland impacts are further broken down into 1.34 acres of riverine and 3.49 acres of non-riverine. • Estimated impacts associated with preliminary design of section R-2510B consist of 6.09 acres of wetland impacts, 0.38 acre of surface water impacts, and 2,417.3 linear feet of stream channel impacts. The riverine and non-riverine wetland impacts include 5.70 acres and 0.39 acre, respectively. MAILING ADDRESS: NC DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1548 MAIL SERVICE CENTER RALEIGH NC 27699-1548 TELEPHONE: 919-733-3141 CATION: FAX: 919-733-9794 TRAN P RTAT Q BUILDING OUTH N STREET WEBSITE: WWW.NCDOT ORG RALEIGH NC LIZ Estimated impacts associated with the preliminary design of section R-2510C consist of 1.49 acres of riverine wetland impacts, 0.33 acre of surface water impacts, and 1,349.1 linear feet of stream channel impacts. Table 1. Summa of Jurisdictional Impacts Section Permanent Wetland Impacts (ac)* Riverine/non-riverine Existing Channel Im acts (ft) Surface Water (ac) R-2510A 1.34/3.49 478.0 0.06 R-2510B 5.70/0.39 2,417.3 0.38 R-2510C 1.49/0 1,349.1 0.33 TOTAL 8.53/3.88 I'L A\ 4244.4 0.77 *includes fill, excavation, and mechanized clearing Purpose and Need: The purpose of this project is to increase traffic capacity and safety by widening US 17 from the existing two-lane facility to a four-lane roadway and to route traffic around the major urban centers in the project area. Currently, traffic is heavy and the level of service (LOS) for the majority of US 17 within the project area range between D and E; accident rates for both the urban and rural segments are currently above the statewide accident rates for similar types of roadways; the posted speed limit (35 mph) within Chocowinity and Washington inhibits the flow of regional traffic. In addition, US 17 is designated as part of the North Carolina Intrastate System and is a Strategic Highway Network (STRAHNET) route. Typical Section: A description for each typical section for the entire project is as follows: From 0.5 mile south of SR 1127 (Possum Track Road) to SR 1149 (Price Road) [length = 4.2 miles] - Widen existing roadway to a four-lane divided expressway facility with a 46-foot median and partial control of access. From SR 1149 (Price Road) to south of existing US 17 north of SR 1142 (Bragaw Lane) [length = 1.8 miles] - Four-lane freeway on new location with a 46-foot median and full control of access. An interchange is provided at NC 33 near SR 1142 (Bragaw Lane) east of Chocowinity. From south of existing US 17 north of SR 1142 (Bragaw Lane) to north of the Tar River [length = 2.8 miles] - Four-lane freeway bridge on new location with a 10-foot median divided by a barrier and full control of access. The bridge will span existing US 17, the Norfolk-Southern Railway, SR 1165 (Sand Hole Road), the Tar River, Kennedy Creek, and the wetlands adjacent to the Tar/Pamlico River. From north of the Tar River to existing US 17 north of SR 1404 (Whispering Pines Road) [length = 1 mile] - Four-lane freeway on new location with a 46-foot median and full control of access. An interchange is provided at US 264 west of SR 1404 (Whispering Pines Road). An at-grade intersection is provided at existing US 17 north of SR 1404. A grade separation is provided at 15`h Street. From north of SR 1404 (Whispering Pines Road) to 0.2 mile north of SR 1418 (Roberson Road) [length = 5.2 miles] - Widen the existing roadway to a four-lane divided expressway facility with a 46-foot median and partial control of access. Summary of Utility pacts: It will be necessary to relocate several utilities because of road widening activities. There are three utilities located on the west side of US 17 that are in the project's footprint: a water main, a gas main, and underground telephone cables. NCDOT will relocate these and use directional bore so as not to impact environmentally sensitive areas. Progress Energy has power lines on both sides of US 17. NCDOT plans to relocate the lines to the east side of US 17. Of the 1.18 acres of mechanized clearing shown below in Table 3, 0.45 acre is due to proposed utility impacts that will occur outside of proposed impact areas resulting from roadway activities. These proposed impacts are shown on the attached utility plans. 2 Summary of Mitigation: Throughout the NEPA and design process this project has been designed to avoid and minimize impacts to jurisdictional areas. Specific strategies are detailed elsewhere in this document. Highlights include widening NC 17 along the existing roadway in some areas, using 3:1 slopes within wetland limits, and bridging the wetlands associated with the Tar-Pamlico River. NCDOT has proposed to restore approximately 7,000.0 feet of stream utilizing natural stream design and approximately 14.1 acres of buffer reforestation (Sections A, B, & Q. Currently, feasibility studies are being conducted for all five sites and final designs are incomplete. When the designs are completed and the sites are approved, NCDOT may use some or all of these sites as a portion of the required mitigation for R-2510. The remaining compensatory mitigation for permanent impacts to wetlands and existing stream channels will come from the North Carolina Ecosystem Enhancement Program (EEP). Summary of Tar-Pamlico Buffer Impacts: The total Tar-Pamlico River riparian buffer impacts associated with R-2510 consist of 7.84 acres (341,425.9 sqft) in Zone 1 with 6.88 acres (299,893.6 sgft) allowable with mitigation and 4.95 acres (215,392.1 sgft) in Zone 2 with 4.33 acres (188,553.0 sqft) allowable with mitigation. PROJECT SCHEDULE Construction of this project will be divided into three sections as detailed in Table 2. Permit drawings for all three sections are included in this application. The attached permit drawings are complete in detailing all proposed impacts occurring within section R-2510A, which is at 100 percent design completion. However, permit drawings for sections R-2510B and R-2510C detail the current best preliminary alignment and maximum potential impacts. Design for these latter sections is at 30 percent. The impacts associated with sections R-2510B and R-2510C are expected to decrease once final design is completed. Final permit drawings for R-2510B and R-2510C will be provided under separate cover in the form of a permit modification request. NCDOT understands that no construction will occur on Sections B and C until final design and resulting impacts have been approved by all regulatory agencies. Table 2. Project Sections and Scheduling Section Project Limits Scheduled Let Date R-2510A South of SR 1127 to South of SR 1149 March 2007 R-2510B South of SR 1149 to South of 1536 December 2005 DB FR-25 I OC South of SR 1536 to North of NC 171 June 2007 (est.) DB - " Design Build" - Final design, right-of-way acquisition, permit acquisition, and construction will be provided by a private engineering firm. NEPA DOCUMENT STATUS Improvements to US 17 were first recommended in the US 17 Corridor Study in 1982. The project was first added to the Transportation Improvement Program (T.I.P.) in November 1989 and the environmental study began in 1992. A Purpose and Need Statement documenting the need for the project and potential benefits was completed in January 1999. A Preliminary Build Alternatives Analysis was completed in February 1999 which evaluated ten (10) preliminary build alternatives. An eleventh Preliminary Build Alternative was evaluated in November 1999. The Draft Environmental Impact Statement (DEIS) which assessed three Build Alternatives (Alternatives B, C and I-G) was completed and signed in June 2002. The project went on public notice on October 3, 2002 (USACE Action ID 199301143). The Final Environmental Impact Statement (FEIS) was completed and signed in August 2005. Copies of the project 3 documents have been provided to regulatory review agencies involved in the approval process. Additional copies will be provided upon request. This project was developed through the NEPA/404 Merger process. All concurrence points have been reached for the A section of this project. The B and C sections have both reached 4A. A Design Build Private Engineering Firm will conduct the 4B and 4C concurrence meetings for the B section. It is unknown as of the date of this permit application if the C section will be administered through the Design Build process. Logical Termini: R-2510 is in compliance with 23 CFR Part 771.111(f) which lists the FHWA characteristics of the independent utility of a project: (1) The project connects logical termini and is of sufficient length to address environmental matters on a broad scope; (2) The project is usable and a reasonable expenditure, even if no additional transportation improvements are made in the area; and (3) The project does not restrict consideration of alternatives for other reasonably foreseeable transportation improvements. RESOURCE STATUS Wetland and Stream Delineations: Wetland delineations were conducted using the criteria specified in the 1987 Corps of Engineers Wetland Delineation Manual. Wetlands and streams were delineated between December 1999 and February 2000. Mr. Mike Bell of the USACE Wilmington Regulatory Field Office verified the delineations in the field on February 28, 2000. The wetland verification will be updated prior to the permitting of this project. Stream classification, delineations, and buffer sites were field verified by Mr. Mike Bell and Mr. Mike Thomas [NC Division of Water Quality (NCDWQ)] in March and April 2004. The attached permit application package consists of drawings depicting jurisdictional impacts. As previously mentioned, the construction of R-2510A will involve 4.83 acres of permanent wetland impacts, 0.06 acres of fill within surface waters, 2.29 acres (100,097.9 square feet) of Tar-Pamlico Buffer impacts, and 478.0 linear feet of impacts to jurisdictional streams. Impacts associated with section R- 2510B consist of 6.09 acre of wetland impacts, 0.38 acre of surface water impacts, 7.03 acres (306,112.1 square feet) of Tar-Pamlico Buffer impacts (allowable and mitigable), and 2,417.3 linear feet of stream channel impacts. Impacts associated with section R-2510C consist of 1.49 acre of wetland impacts, 0.33 acre of surface water impacts, 3.17 acres (138,295.6 square feet) of Tar-Pamlico Buffer impacts (allowable and mitigable), and 1,349.1 linear feet of stream channel impacts. All impacts for sections B and C of this project are preliminary estimates. These impacts are projected to decrease with further avoidance and minimization efforts. However, it should be noted that the proposed mitigation is based on the maximum potential jurisdictional impacts. R-2510A: Characterization of Jurisdictional Sites: Wetlands This section will have 4.83 acres of proposed permanent wetland impacts and 0.06 acres of surface water impacts (Table 3). The major wetland type (approximately 70%) associated with section R-2510A can be characterized as palustrine forested, mixed broad-leaved deciduous and flooded (PF06F, Cowardin, et 4 al.). This wetland classification specifically refers to the tidal bottomland hardwood and cypress-gum communities associated with the Tar River floodplain and Old Ford Swamp. Wetlands associated with streams can be characterized as Coastal Plain bottomland hardwood wetlands (Schafale and Weakley, 1990) (riverine wetlands). Hydrology for this system is provided by overbank flooding of the associated stream. Dominant canopy vegetation includes bald cypress (Taxodium distichum), blackgum (Nyssa sylvatica), green ash (Fraxinus pennsylvanica), yellow poplar (Liriodendron tulipifera), sweetgum (Liquidambar styraciflua), red maple (Acer rubrum), water oak (Quercus nigra), and river birch (Betula nigra). Understory and herbaceous species include saplings of canopy species, ironwood (Carpinus caroliniana), redbay (Persea borbonia), privet (Ligustrum sinense), doghobble (Leucothoe axillaris), giant cane (Arundinaria gigantea), cinnamon fern (Osmunda cinnamomea), chain fern (Woodwardia virginiana), royal fern (Osmunda regalis), and rush (Juncus sp.). Riverine wetlands within section R-2510A occur in association with tributaries to Chocowinity Creek (Sites 3, 6, 12, 13, 14, 15, & 17; permit drawing sheets 7, 9, 10, 14, 15, 17, 20, & 21; utility sheets 5, 7, 8, 9, 10, 11, 13, 15, 17, 20, & 21). Hydrology for depressional wetlands (non-riverine) is provided by rainfall, surface water run-off and groundwater discharge. These systems are found on the broad flat interstream areas. Dominant canopy vegetation includes loblolly pine (Pinus taeda), water oak (Quercus nigra), and red maple (Acer rubrum). Understory and herbaceous species include saplings of canopy species, giant cane (Arundinaria gigantea), chain fern (Woodwardia virginiana), royal fern (Osmunda regalis), and rush (Juncus sp.). Table 3. Jurisdictional Impacts within R-2510A Site Station Fill in Wetland (ac) Excavation in Wetlands (ac) Mechanized Clearing ( Method III) ac Surface Water Impacts (ac) Existing Channel Impacted ft 1 29+50 Rt 0.08 0.04 0.02 2 33+50 Rt 0.02 0.05 3 57+50 0.01 0.01 0.01 0.01 113 4 63+50 to 67+00 Rt 0.30 0.33 0.17 5 85+00 to 90+20 Lt 0.03 0.09 0.07 6 86+10 to 93+60 Rt 1.05 0.40 7 103+15 to 105+20 Lt 0.15 0.01 8 107+20 to 110+20 Rt 0.25 0.01 0.09 9 117+15 to 120+50 Lt 0.12 0.09 0.03 10 132+00 to 134+60 Rt 0.42 0.17 0.12 11 136+90 to 138+20 Lt 0.04 0.01 12 155+20 Rt 0.02 0.01 88 13 162+35 0.01 52 14 185+82 0.01 122 15 223+50 to 225+30 0.18 0.02 0.11 0.02 103 16 230+40 to 234+00 Rt 0.20 0.08 17 241+30 to 241+65 Rt 0.01 0.01 0.01 TOTAL 2.82 0.83 1.18 0.06 478 5. Streams Within section R-2510A five stream channels are traversed: Horse Branch, White Branch and associated canals, and an unnamed tributary to Maple Branch. Jurisdictional stream information is presented in Table 4. Horse Branch is approximately 4 feet in width and maintains a moderate flow for the majority of the year. White Branch and its associated canals are approximately 4 feet in width and maintain a moderate flow year round. The unnamed tributary to Maple Branch is approximately 6 feet in width and maintains a moderate flow for the majority of the year. Each channel can be characterized as having adequate aquatic habitat and associated faunal assemblages. R-2510A will impact a total of 478 linear feet of stream channel to the previously listed streams. Table 4. Jurisdictional Stream Information on R-2510A Station DWQ Required Site Number Stream Index DWQ Status Impact Mitigation (From/ Name No. Rating (ft) 2:1 (ft) To 3 57+50 Horse 29-6-2- C NSW I 113 113(1:1) Branch 1-6-2 12 155+20 Rt White 29-6-2- C NSW P 88 176 Branch 1-6-2 13 162+35 White 29-6-2- C NSW P 52 104 Branch 1-6-2 14 185+82 White 29-6-2- . C NSW P 122 244 Branch 1-6-2 15 223+50/ Ut to Maple 29-6-2- C Sw P 103 206 225+30 Branch 1-7 NSW TOTAL 478 843 Note: The 1:1 mitigation ratio for site 3 was determined by the USACE in March and April 2004 R-2510B and R-2510C: Characterization of Jurisdictional Sites: Wetlands Proposed impacts to jurisdictional areas within Sections B and C have been calculated, but are preliminary at this time. These values are the result of minimization and avoidance measures and represent the maximum possible impacts foreseen at this time. Table 5 shows the estimated, site by site, impacts for R-2510B and R-2510C. Wetland delineations were completed for the entire project, as stated previously. Wetlands occurring within Sections B and C are characterized in a similar manner as those in Section A. These systems exhibit the same position within the landscape, hydrologic sources and vegetative species. Riverine wetlands are present in Section B and are associated with tributaries to Chocowinity Creek and the Tar- Pamlico River (Sites 1, 2, 3, 4, 6, 7, & 9; permit drawing sheets 4, 6, 7, 12-23, 25, 26, & 32). Riverine wetlands are present in Section C and are associated with tributaries to Cherry Run and Old Ford Swamp (Sites 1A, 1B, 1C, 3, & 4; permit drawing sheets 7, 11, & 18). At the present time, due to the sequencing of the project, Sections B & C permit drawings detailing the exact nature and location of jurisdictional impacts are preliminary (approximately 30 percent design). 6 NCDOT will continue to explore every avenue to reduce these projected impacts. Proposed changes will be coordinated with the relevant natural resource agencies. Table 5. Estimated Jurisdictional Impacts on R-2510B and R-2510C Site Station From/To Fill in Wetland (ac) Excavation in Wetlands (ac) Mechanized Clearing (ac) (Method III) Surface Water Impacts (ac) R-2510B 1 -L-228+25 0.09 0.01 0.01 2 -BY9-30+40 0.02 0.01 0.01 3 -L-250+50 0.43 0.04 0.76 4 -L-270+00 3.03 0.15 5 -L-315+25 0.12 0.01 6 -L-324+50-476+60 0.22 0.07 7 -L-495+00-499+50 1.55 0.13 8 -L-508+00 0.04 9 -L-515+50 0.13 0.02 0.051 10 -L-525+50 0.22 TOTAL R-2510B 5.83 0.02 0.24 1.03 Site Station From/To o Fill in Wetland ac Excavation in Wetlands ac Mechanized Clearing (ac) (Method III) Surface Water Impacts (ac) R-2510 C IA -L-582+75-585+75 LT/RT 0.02 0.03 1B -L-590+70-592+70 RT 0.07 0.02 1C -Y26-15+30-16+75 RT 0.06 0.02 2 -L-634+10-634+85 RT 0.01 3 -L-648+50-650+15 LT/RT 0.09 0.03 0.02 4 -L-743+50-761+90 LT/RT 1.04 0.11 0.29 5A -L-786+20-788+05 LT/RT 0.01 5B -L-792+40-794+15 LT/RT 0.01 5C -Y31-13+15-14+60 LT/RT 0.01 TOTAL R-2510C 1.15 0.13 0.21 0.35 Streams Jurisdictional stream information for sections R-251 0B and R-251 0C is presented in Table 6. There are 11 stream channels that may be impacted by construction activity on Sections B and C. The unnamed tributaries to Maple Branch are approximately 6 feet in width and maintain a moderate flow for the majority of the year. Maple Branch is approximately 6 feet in width and maintains a moderate flow for the majority of the year. The unnamed tributaries to Cherry Run are approximately 4 feet in width and maintain a moderate flow for the majority of the year. Cherry Run is approximately 15 feet in width and maintains a moderate flow for the majority of the year. Old Ford swamp is approximately 15 feet in width and maintains a moderate flow for the majority of the year. The unnamed tributaries to Latham 7 Creek are approximately 5 feet in width and maintain a moderate flow for the majority of the year. A total of 3,763.4 linear feet of stream channels may be impacted and will require mitigation in these latter two Sections. Please note, these are rough estimates and will likely decrease. Table 6. Estimated Jurisdictional Stream Information, Sections R-2510B and R-2510C Station Stream DWQ Impact Required Site Number Structure Name Index . No. Rating Status (ft) Mitigation From/To 2.1 ft R-2510B Roadway Ut to Sw 1 -L-228+25 Fill Maple 29-6-2-1-7 NSW P 121.6 243.2 Branch -BY9- Roadway Ut to C SW 2 30+40 Fill Maple 29-6-2-1-7 NSW P 72.7 143.4 Branch 4 -L-270+00 Roadway Maple 29-6-2-1-7 C SW P 826.1 1652 2 Fill Branch NSW . 7 -L-495+00- Roadway Cherry to 28-103-17 C Sw I 1,118 1,118(1:1) 499+50 Fill Run NSW 10 -L-525+50 Roadway Cherry 28-103-17 C Sw P 278.9 557.8 Fill Run NSW TOTAL R-2510B 2,417.3 3,714.6 Station Stream DWQ Impact Required Site Number Structure Name Index . No. Rating Status (ft) Mitigation (From/To) 2:1 ft R-2410C -L-64+10- Roadway to C SW 2 634+85 RT Fill Cherry 28-103-17 NSW P 113.8 227.6 Run -L-648+50- Roadway Ut to Sw 3 650+15 Fill Cherry 28-103-17 NSW P 159.3 318.6 LT/RT Run -L-743+50- Roadway Old Ford 28-103- C SW 4 761+90 Fill Swamp 14-1 NSW P 841.6 1683.2 LT/RT -L-786+20- Roadway Ut to 28-103- C Sw 5A 788+05 Fill Latham 14-2 NSW P 107.5 215.0 LT/RT Creek -L-792+40- Roadway Ut to 28-103- C SW SB 794+15 Fill Latham 14-2 NSW P 72.5 145 LT/RT Creek -Y31- to 13+15- Roadway 28-103- C SW SC La Latham P 54.4 108.8 14+60 Fill Creek 14-2 NSW LT/RT TOTAL R-2510C 1,349.1 2,698.2 PROTECTED SPECIES Plants and animals with federal classification of Endangered (E), Threatened (T), Proposed Endangered (PE), and Proposed Threatened (PT) are protected under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. The United States Fish and Wildlife Service (USFWS) lists seven federally protected species for Beaufort County as of the January 29, 2003 listing (Table 7). In a letter dated, December 7, 2001, the USFWS concurs that the project will have "No Effect" for the red-cockaded woodpecker, bald eagle, and rough-leaved loosestrife and that the project "May Affect, Not Likely to Adversely Affect" (MANLTAA) sensitive joint-vetch. The USFWS Concurrence letter is included as an attachment. NCDOT will resurvey areas of potential habitat in the entire construction corridor for sensitive joint vetch in August 2005, as requested by the USFWS. Table 7. Federally Protected Species Common Name Scientific Name Federal Status Determination Red-cockaded woodpecker Picoides borealis E No Effect Kem 's ridley sea turtle Le idochelys kem ii E No Effect Manatee Trichechus manatus E No Effect Rough-leaved loosestrife L simachia as erulae olia E No Effect Bald eagle Haliaeetus leucoce halus T No Effect Sensitive-joint vetch Aeschynomene vir inica T MANLTAA Red wolf Canis ru us EXP No Effect "E" denotes Endangered (a species that is in danger of extinction throughout all or a significant portion of its range). "T" denotes Threatened ( a species that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range). "EXP" denotes Experimental (a species that is treated as threatened on public lands and proposed for listing on private land). CULTURAL RESOURCES The potential of the US 17 Improvements to impact cultural resources was evaluated in accordance with Section 106 of the National Historic Preservation Act of 1966, as amended. Potential effects were determined using Criteria for Effect and Adverse Effect (36 CFR 800.9) developed by the Advisory Council on Historic Preservation. Concurrence on the eligibility of each property with respect to inclusion on the National Register of Historic Places and the final determination of effects were made by the State Historic Preservation Office (SHPO). Copies of all SHPO correspondence and concurrence forms are found in Appendix B of the DEIS. • An underwater archaeology survey will be conducted prior to construction of the project (R-2510B). Fieldwork for an underwater archaeology survey has been completed. A revised draft is currently under review by the State Historic Preservation Office. • An intensive archaeological survey was conducted for the preferred corridor for Alternative B. Site 31BF340, a Middle Woodland limited activity location was determined eligible for listing in the National Register under Criterion D - Data. Data recovery will be conducted at this site prior to construction (R-2510B). Construction activities shall not take place within this location until all data recovery efforts have been completed by either the NCDOT Archaeology Unit or one of their 9 consultants. Once ROW has been acquired, the NCDOT Archaeology Unit must be notified in order to initiate data recovery efforts. A minimum of six (6) months will be required for said data recovery efforts. Six archaeological sites (cemeteries) located within the proposed right of way (31BF327, 311317329, 31BF362, 311317365, 311317367, and 31BF378) are not considered eligible for the National Register but contain burials that shall be avoided during construction activities. Sites 31BF327 and 31BF329 are located on R-2510A. Sites 31BF362, 31BF365, 31BF367, and 31BF378 are located on R-2510C, with Site 31BF362 specifically located at the juncture of the R-251 0B and R-251 0C segments. Site 31BF337 (historic cemetery), located on R-2510B, shall be avoided during construction activities. • Since approval of the original archaeological survey report, the Study Corridor for R-2510B has been expanded. Therefore, additional archaeological investigations are required for two specific locations along the corridor: 1) extension of the Study Corridor along US 17 south of the unnamed tributary of Maple Branch, and 2) expansion of the Study Corridor where existing US 17 and proposed US 17 intersect (Taylor Property). This additional work will be prepared as an addendum to the original survey report, and will be conducted prior to construction activities. Ownership of ROW will not be required in order to complete this portion of the work. 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. MITIGATION OPTIONS The Corps of Engineers had adopted, through the Council on Environmental Quality (CEQ), a wetland mitigation policy that embraces the concept of "no net loss of wetlands" and sequencing. The purpose of this policy is to restore and maintain the chemical, biological, and physical integrity of the Waters of the United States. Mitigation of wetland and surface water impacts has been defined by the CEQ to include: avoiding impacts, minimizing impacts, rectifying impacts, reducing impacts over time and compensating for impacts (40 CFR 1508.20). Executive Order 11990 (Protection of Wetlands) and Department of Transportation Order 5660.1A (Preservation of the Nations Wetlands), emphasize protection of the functions and values provided by wetlands. These directives require that new construction in wetlands be avoided as much as possible and that all practicable measures are taken to minimize or mitigate impacts to wetlands. The NCDOT is committed to incorporating all reasonable and practicable design features to avoid and minimize wetland impacts, and to provide full compensatory mitigation of all remaining wetland impacts. Avoidance measures were taken during the planning and documentation phases; minimization measures were incorporated as part of the project design. AVOIDANCE: Delineated, field verified and surveyed per GPS methodology all jurisdictional features (wetlands, streams, riparian buffers) within the study corridor for the selected alternative. The study corridor was approximately 1,000 feet in width along new location and 500-feet in width along upgrading existing. Using these surveyed features, preliminary designs were adjusted to avoid and/or minimize impacts to jurisdictional areas. All wetland areas not affected by the project will be protected from unnecessary encroachment. In direct consultation with the U.S. Army Corps of Engineers (COE) and the State Historic Preservation Office, decisions were made to shift the alignment of widening the existing roadway to minimize wetland impacts where possible. Individual avoidance items are as follows: 10 • Bridged stream (S 46) south of SR 1001 (Cherry Run Road). • Shifted alignment westward to utilize existing roadbed and crossing over Old Ford Swamp. • No staging of construction equipment or storage of construction supplies will be allowed in wetlands or near surface waters. • In-stream Moratorium: NCDOT has committed to avoiding in-stream activities during the spring migration period of anadromous fish (February 15 through June 15) per the request of the NC Wildlife Resource Commission and USFWS. • Removed an interchange from design of existing US 17 and Alternative B south of Chocowinity; avoided relocation of several residences and reduced impacts to natural systems. • Revised interchange with NC 33 to avoid relocations of local physicians office and pharmacy. • Shifted Alternative B east at same interchange to avoid relocations on Jones Circle and Bragaw Lane. • Closed Grimes Road at historic Rhem Family House to avoid impacts. • Removed an interchange from design at existing US 17 and Alternative B north of City of Washington; avoided relocation of several residences, reduced impacts to adjacent natural systems and avoided the historic Bishop Joseph A. Beebe House. • Terminated right of way and control of access south of the historic Bishop Joseph A. Beebe House to avoid impacts. • Revised the design for Alternative B to avoid the relocation of Paradise Outreach Ministries located on the east side of existing US 17 approximately north of SR 1509 (Springs Road). • Shifted SR 1409 (Wharton Station Road) north at historic Swanner-Cooper House property and terminated right of way at eastern property line to avoid impacts. • Shifted NC 171 north and ended proposed construction at existing ditch at historic Woodmen of the World Lodge to avoid impacts. MINIMIZATION: Minimization includes the examination of appropriate and practicable steps to reduce the adverse impacts. Minimization techniques were implemented as follows: • This permit application presents the maximum potential impacts currently associated with the preliminary designs of Sections B and C. Avoidance and minimization measures are being considered and evaluated for these sections; therefore, actual impacts should be less than those reported in this document. Design for the latter sections will be coordinated with relevant natural resource agencies. • Slopes: It is NCDOT's policy to use 2:1 slopes in wetlands, where it is feasible. Oftentimes, as is the case with this project, the soils will not support steeper than 3:1 slopes, or the steeper slopes would require guardrails, which would require a wider footprint to back the guardrail away from traffic. Therefore, 3:1 slopes are being used where fill slopes intersect with wetlands. • Best Management Practices: NCDOT has committed that Sediment and Erosion Control Guidelines for BMPs for Protection of Surface Waters will be adhered to during construction to minimize 11 potential negative environmental impacts. (see FONSI) NCDOT's "Stream Crossing Guidelines for Anadromous Fish Passage will be adhered to for this project. • Sediment and Ejo ontrol Measures: NCDOT will stipulate that sediment and erosion control measures not be placed in t t lands unless it is absolutely necessary to place silt fences on wetland boundaries to contain erosion, caused by the sheet flow of water. This commitment will be incorporated into the construction contract awarded for the proposed project. "High Quality Waters (HQW) Erosion Control Guidelines" will be adhered to throughout construction. • Drainage: Bridge Deck Drains - Deck drains on bridges will be directed away from open water and released into Zone 2 of the riparian buffer. Road Drainage - Road drainage will flow through grassed buffers before entering the streams. • Clearing: Clearing Method III (clearing and grubbing of vegetation to 10 feet beyond the construction limits) will be used. • Revegetation: Within 15 days of construction completion, vegetation will be reestablished on exposed areas with judicious use of pesticide and herbicide. • Precautionary Guidelines for General Construction in Areas Which May Be Used by the West Indian Manatee in North Carolina will be utilized for this project. • Temporary Work Bridges: Temporary work bridges and barges will be used during construction of the bridge over the Tar-Pamlico River, and adjoining wetlands, to minimize impacts to jurisdictional waters and wetlands. • In the area south of NC 33 and east of Chocowinity, the entire alignment was shifted westward to minimize a parallel crossing through a large wetland (29) maintaining continuity of the natural system. Designed a perpendicular crossing of the northern most finger of the same wetland. • Reduced median width from 46 feet to 10 feet for approximately 500 feet prior to beginning of bridge over Tar/Pamlico River. • Extended Tar/Pamlico Bridge over all open water, adjacent riparian buffers and natural wetland systems. • Additional bridging of Chocowinity Creek at the NC 33 interchange was investigated. The design of Ramp C was tightened and the culvert length was shortened to reduce impacts to Chocowinity Creek and associated wetlands. • Compressed interchange at US 264 to minimize community cohesion and relocation impacts to Maryanne Mobile Estates. A second entrance was also provided into the community. • Terminated proposed construction limits at existing ditch to maintain historic oak trees and minimize impacts at historic J.C. Swanner House. COMPENSATION: The primary emphasis of the mitigation is to reestablish a condition similar to that, which would have existed if the project were not built. Mitigation is limited to reasonable expenditures and practicable considerations related to highway operation. Mitigation is generally accomplished through a combination of methods designed to replace wetland and stream functions and values lost as a result of construction of the project.. These methods consist of creation of new wetlands from uplands, borrow pits, and other non-wetland areas; restoration of wetlands; enhancement of existing wetlands; and relocation and restoration of streams. NCDOT requests to use EEP for the proposed impacts R-2510. A 12 copy of the EEP acceptance letter dated August 4, 2005 is attached to this application. Additionally, NCDOT is currently investigating five on-site mitigation opportunities (one in section A, three in section B, and one in section C) to use for R-2510. When these sites are designed and approved for compensatory mitigation, NCDOT will send EEP a revised request letter exhibiting the modifications to the letter dated August 4, 2005. FHWA STEP DOWN COMPLIANCE: All compensatory mitigation must be in compliance with 23 CFR Part 777.9, "Mitigation of Impacts" that describes the actions that should be followed to qualify for Federal-aid highway funding. This process is known as the FHWA "Step Down" procedures: 1. Consideration must be given to mitigation within the right-of-way and should include the enhancement of existing wetlands and the creation of new wetlands in the highway median, borrow pit areas, interchange areas and along the roadside. 2. Where mitigation within the right-of-way does not fully offset wetland losses, compensatory mitigation may be conducted outside the right-of-way including enhancement, creation, and preservation. Compensatory Wetland Mitigation: There are 1.34 acres of proposed riverine wetlands and 3.49 acres of proposed non-riverine wetlands impacted by the construction of R-2510A. There are an estimated 7.19 acres of riverine wetlands and 0.39 acre of non riverine wetlands impacted by the construction of R- 2510B&C. NCDOT proposes to use EEP to mitigate for these impacts. Compensatory Stream Mitigation: There are 478 feet of proposed impacts to streams associated with section A. There are an estimated 3,764.8 feet of impacts to streams associated with sections B&C. NCDOT proposes to use EEP to mitigate for these impacts. Tar-Pamlico Buffer Mitigation: Total buffer impacts for R-2510 are 488,446.6 sq.ft. (11.21 acres). Due to the fact that the 2.27 acres of Tar-Pamlico buffer have already been accounted for by the wetland impacts, NCDOT proposes to mitigate for the remaining 8.94 acres through the EEP. The square footage for each zone is summarized in Table 8. 1?_ Table 8. Summary of Tar-Pamlico Buffer Impacts Section Zone 1 (s .ft. Zone 2 (s .ft.) R-2510A(fmal) 56,354.4 34,180.8 R-2510B estimated 102,571.9 69,936.5 R-2510C(estimated) 78,040.5 48,789.6 Total 236,966.8 152,906.9. 3&1 f37 3- On-site Mitigation: NCDOT is currently investigating five sites for onsite stream restoration for this -Ok S project. One is located in section A, three in section B, and one in section C. Based on preliminary reports, these sites may provide NCDOT with the following mitigation credits (these amounts may change during the planning and design process): Section A • Site 18 - Approximately 1,100 feet of stream restoration and an undetermined amount of buffer reforestation credits. Section B • Site 13 - Approximately 760 feet of stream restoration and 2.3 acres of buffer reforestation. This site is located on city-owned property and there is a possibility this site could be dropped. 13 • Site 12 - Approximately 1,740 feet of stream restoration and 4.0 acres of buffer reforestation. • Site 8 - Approximately 2,000 feet of stream restoration and 4.6 acres of buffer reforestation. Section C • Site 6 - Approximately 1,400 feet of stream restoration and 3.2 acres of buffer reforestation. When these sites are designed and approved for compensatory mitigation, NCDOT will send EEP a revised request letter exhibiting the modifications to the original letter dated April 29, 2005. Indirect and Cumulative Effects: The Qualitative Indirect and Cumulative Effects Assessment for R- 2510 has been completed. State and federal environmental regulations should help minimize any other potential negative indirect impacts this project could have upon other notable features. Areas along the Tar/Pamlico River and the southwestern extent of the Growth Impact Study Area (GISA) are unfavorable for development. Furthermore, proposed access control along the alignment on new location should temper some of the cumulative effects. Impacts to AECs and other notable features will more likely be the result of direct impacts related to the construction of TIP R-2510, and less the result of indirect impacts such as the potential future development of land. Additional copies of the assessment are available upon request. REGULATORY APPROVALS Application is hereby made for a NCDWQ Individual 401 Major Water Quality Certification as required for the above described activities. We are providing seven copies of this application to the North Carolina Department of Environment and Natural Resources, NCDWQ, for their review. A revised request for consistency review is being submitted under separate cover to the NC Division of Coastal Management. A revised Department of the Army Individual 404 Permit application is being submitted under separate cover. A stormwater management plan and one copy of permit drawings were submitted under separate cover to the NC Division of Water Quality - Stormwater Management. A Coast Guard permit application will be submitted to the Commander of the Fifth Coast Guard District under separate cover. If you have any questions or need additional information please call Mr. Chris Underwood at (919) 715- 1451. Sincerely, w Grego J. Thorpe, Environmental Management Director Project Development & Environmental Analysis Branch 14