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HomeMy WebLinkAboutR-5899, Start of Study DCM comments November 28, 2023 Zachary Howard, Project Manager Division 3 N.C. Department of Transportation 5501 Barbados Boulevard Castle Hayne, NC 28429 RE: Start of Study, TIP No. R-5899, Intersection Improvements at NC 210 and SR 1560 (Watts Landing Road) in Pender County. Dear Mr. Howard: The N.C. Division of Coastal Management (DCM) appreciates the opportunity to comment on the N.C. Department of Transportation (NCDOT) Start of Study letter dated September 11, 2023, including the attached Project Data Sheet and maps, for the above referenced project. DCM has reviewed the information that was provided by NCDOT to determine if there are any potential Coastal Area Management Act (CAMA) Areas of Environmental Concern (AEC’s) within the project area. Based upon the information received from NCDOT, it appears as though there are not any CAMA AEC’s within the project area. Please note that the Environmental Features Map and the Project Data Sheet incorrectly identify the UT 12 to Virginia Creek as a NC Public Trust Area of Environmental Concern (AEC) stream. If a project is in one of the 20 N.C. coastal counties and it does not propose development in an AEC, but the project is receiving federal funding or a federal permit and may reasonably affect any coastal resources or use, then DCM recommends a federal consistency certification be submitted. DCM will then review the submitted information for conformance with the management objectives and enforceable policies of Subchapters 7H and 7M of Chapter 7 in Title 15A of the North Carolina Administrative Code. Please note that DCM reviews Nationwide Permits and Regional General Permits issued by the U.S. Army Corps of Engineers for consistency with the N.C. Coastal Management Program (NCCMP) on a programmatic basis. Therefore, if a NCDOT project is reviewed by the U.S. Army Corps of Engineers (USACE) as a Nationwide Permit or Regional General Permit, then the USACE permit may include a Special Condition that a federal consistency submission is not required. Page 2 of 2, R-5899 Please note that the N.C. Division of Marine Fisheries (DMF) and the N.C. Wildlife Resources Commission (WRC) are commenting agencies for federal consistency reviews. Please coordinate with DMF and WRC to incorporate fisheries classifications for all waters in the study area into the project design, as well as any corresponding in-water work moratoriums. During any federal consistency review, DCM may have additional comments on the project’s environmental impacts and may place conditions on a federal consistency determination to minimize environmental impacts. The applicant must also demonstrate that the project is consistent with all certified CAMA land use plans that are current at the time of the federal consistency submission. The information provided in this letter shall not preclude DCM from requesting additional information throughout any federal consistency review process and following normal procedures. Thank you for your consideration of the North Carolina Coastal Management Program. Please contact me or Stephen Lane, DCM Field Representative for Transportation Projects, if you have any questions or concerns. I can be reached at (919) 707-9149 or via e-mail at Cathy.Brittingham@deq.nc.gov. Stephen can be reached at (252) 515-5408 or via e-mail at Stephen.Lane@deq.nc.gov. Sincerely, Cathy Brittingham Transportation Project Coordinator N.C. Division of Coastal Management Cc: Stephen Lane, DCM Tom Steffens, USACE Hannah Sprinkle, DWR Jon Giles, NCDOT Kim Harding, DMF Travis Wilson, WRC