HomeMy WebLinkAboutR-5777C Coastal Consistency Certification with letter.pdfST�7E�.
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER
GOVERNOR
February 6, 2024
N.C. Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557-3421
J.R. "JOEY" HOPKINS
SECRETARY
ATTN: Ms. Cathy Brittingham, Federal Consistency Coordinator for NCDOT Projects
Subject: Certification for DCM Consistency for the proposed Upgrade to US 70 from
Thurman Road to the Havelock Bypass in Craven County. TIP No. R-5777C
Dear Ms. Brittingham:
The purpose of this letter and information package is to request concurrence from the Division of Coastal
Management (DCM) for the North Carolina Department of Transportation's (NCDOT) consistency
certification for the above -mentioned project. This package consists of the supporting information permit
drawings, utility drawings, roadway plan sheets, and the Division of Mitigation Services acceptance letter.
The proposed project would upgrade US 70 from an existing four -lane divided roadway to interstate
standards from the City of Havelock bypass to the east of Thurman Road (SR 1116) in Craven County,
North Carolina. Full control of access is proposed.
NCDOT has applied for a U.S. Army Corps of Engineers (USACE) Section 404 Individual Permit as well
as a N.C. Division of Water Resources (DWR) 401 Water Quality Certification.
NCDOT has reviewed the State's coastal program under 15 CFR 930.58 and 15A NCAC 07M.
Specifically, we have considered the shoreline erosion, mitigation, and coastal water quality policies, the
Craven County CAMA Core Land Use Plan, the New Bern Regional Land Use Plan, and the City of
Havelock 2030 Comprehensive Plan. NCDOT certifies that the proposed activity complies with the
enforceable policies of North Carolina's approved management program and will be conducted in a manner
consistent with such a program.
If you have any questions or need additional information, please contact Deanna Riffey at
driffeyg,ncdot.gov (919) 707-6151.
Sincerely,
Michael Turchy
Environmental Coordinating and Permitting
cc: Mr. Stephen Lane, NCDCM
Mailing Address: Telephone: (919) 707-6000 Location:
NC DEPARTMENT OF TRANSPORTATION 1000 BIRCH RIDGE DRIVE
ENVIRONMENTAL ANALYSIS UNIT Customer Service: 1-877-368-4968 RALEIGH NC 27610
1598 MAIL SERVICE CENTER Website: www.ncdot.gov
RALEIGH NC 27699-1598
Coastal Zone Consistency Certification Supporting Information for the NCDOT's Request to
Construct the Proposed Upgrade to US 70 from Thurman Road to Havelock Bypass in, Craven
County. TIP No. R-5777C
History
The upgrade to US 70 from Thurman Road to the Havelock Bypass project is a segment included in the
Interstate 42 (I-42) project, which is a 137-mile planned interstate route from I-40 south of Raleigh to
Morehead City mostly along the existing US 70. The proposed project is included in local thoroughfare
plans and shown in the 2024-2033 STIP and is a Strategic Highway Corridor project. Community outreach
began with individual meetings and small focus groups from June 2015 to September 2015. The N.C.
Department of Transportation held corridor -wide public meetings in October 2015 to gather feedback, hear
concerns and answer questions related to the proposed improvements.
The NCDOT provided citizens a project website on PublicInput.com. The project website was updated
throughout Fall 2020 to include additional information and technical reports as they became available,
including responses to public comments, the traffic noise report, and updated alternative maps showing
areas where reasonable and feasible noise abatement had been recommended for further investigation
during the design -build phase of the project. On November 10, 2020, the NCDOT project website was
updated with an announcement of NCDOT's selection of a preferred alternative as a hybrid alternative
comprised of some sections of both Alternative A and Alternative B. A public involvement meeting was
held on June 18, 2019 to gather public comment and feedback on the conceptual project designs of the US
70 project between east of Thurman Road and Havelock bypass Road. An additional public involvement
meeting was scheduled for April 9, 2020 but was canceled due to the coronavirus disease (COVID-19)
pandemic. In Summer 2020, a virtual public outreach effort was launched as an alternative to in -person
meetings.
Purpose and Need
This project is one of several that NCDOT is working on to improve the US 70 corridor, with the intent to
improve regional mobility and provide better connectivity between Raleigh and the seaport at Morehead
City, as well as to the military bases in Havelock and Goldsboro and to the Global Transpark in Kinston.
2015 Fixing America's Surface Transportation Act designated US 70 from I-40 in Garner to the port at
Morehead City as a high -priority corridor and future interstate (I-42). The intent of the I-42 designation is
to benefit military interconnectivity, aid in economic development, create jobs and stimulate growth in
travel and tourism. In addition, US 70 is a designated hurricane evacuation route between the coast and the
I-95 interchange in Johnston County.
The purpose of this project is to add additional capacity and access management improvements to the US
70 corridor through Craven County, with the goal of providing local and regional benefits in traffic
operations and economic development. In addition, the project will address local community concerns
related to connectivity, access, and modal choice, including walking and biking.
Alternatives
Along with the No -Build Alternative, an Alternate Modes of Transportation Alternative, a Transportation
Management Alternative, and New Location Alternatives were reviewed for the project. More detailed
descriptions of the alternatives were discussed in the CE and Right -of -Way Consultation.
NEPA
The Type III Categorical Exclusion (CE) was certified on June 1, 2021, for /R-5777C project. An update
to the CE was provided through a Project Environmental Consultation, i.e., Right -of -Way Consultation, on
August 18, 2022. It was determined that the proposed project is essentially the same as the proposed action
described in the original CE. While this project was not in the merger process, 4B and 4C interagency
meetings were completed during the design process. These documents are available at
https://xfer. services.ncdot.goy/pdea/EnviromnentalDocs.
Project Description
The NCDOT proposes to upgrade US 70 to interstate standards from the Havelock Bypass (STIP No. R-
1015) to the east of Thurman Road (S.R. 1116) in Craven County, North Carolina. Improvements include
upgrading US 70 to interstate standards and constructing service roads as needed within the project study
area. The project is located within the planning jurisdictions of the City of Havelock, the City of New Bern,
and Craven County.
The project would upgrade US 70 to interstate standards for a distance of approximately 7 miles with grade -
separated interchanges at three locations: Stately Pines Road (S.R. 1106), West Fisher Road/East Fisher
Avenue (S.R. 1104), and West Camp Kiro Road/East Camp Kiro Road (S.R. 1112).
Existing driveway connections, intersections, and median crossovers will be removed, and service roads
will be extended along portions of the project to provide access for property owners and to ensure mobility
for local traffic. At the interchanges, roundabouts will be constructed where the US 70 on/off ramps connect
to the intersecting cross streets. Detailed descriptions of the proposed improvements are described below
in the Proposed Improvements section.
Avoidance and Minimization
All jurisdictional features were delineated, field verified, and surveyed within the corridor for R-5777C.
Using these features, preliminary designs were adjusted to avoid and/or minimize impacts to jurisdictional
areas. NCDOT employs many strategies to avoid and minimize impacts to jurisdictional areas in all of its
designs. Avoidance and minimization measures for R-5777C were further discussed during the 4B and 4C
meetings and are being implemented to the maximum extent practicable. Additional avoidance and
minimization measures are listed below.
• A Stormwater Management Plan (SWMP) has been created for the project and is included in this
package with the permit drawings.
• All major structures have been designed to minimize environmental and surface water impacts as
much as practicable.
• Key elements of the SWMP included the construction of permanent basins and the use of grassed
swales for stormwater treatment.
• Six detention basins were used throughout the project and primarily designed to provide stormwater
treatment and minimize pre/post impacts.
• Grassed swales were used for treatment when BMP design standards in sensitive watersheds could
be met.
• Grassed swales were used to reduce flow velocity, promote sedimentation infiltration and runoff
attenuation; discharge velocities at jurisdictional features are non -erosive.
• Utilities will be installed through trenchless installation methods where practicable.
• Where possible, utilities were placed within the proposed roadway fill limits to avoid additional
impacts.
• Box culverts will be buried 1 foot below the existing streambed and backfilled with native
streambed material.
0 Borrow and waste activities will occur outside of jurisdictional features.
No staging of construction equipment or storage of construction supplies in jurisdictional
wetlands or streams.
• 3:1 slopes are used in wetland areas where possible.
• Hand clearing proposed at wetland locations where feasible.
• Rip rap pads are used at all storm drain system outlets to dissipate energy and reduce velocities.
Summary of Impacts
The CE anticipated that the Preferred Alternative would result in 1,579 linear feet of permanent impact to
jurisdictional streams and 1.73 acres of permanent impact to jurisdictional wetlands. The current design
prepared by the NCDOT has avoided and minimized impacts to jurisdictional resources to the greatest
extent practicable. Proposed permanent impacts to jurisdictional areas total 1.555 acres of permanent
wetland impacts. Additionally, there is one wetland feature (WP) that is not being directly impacted in its
entirety but is being counted as a total take for the portion west of service road SRY4D, for a total of 0.039
acre. Including the total take, proposed permanent impacts to jurisdictional wetlands total 1.594 acres of
permanent wetland impacts. There will be 1,558 linear feet of permanent stream impacts (including 436
feet of intermittent streams, 926 feet of perennial streams and 196 feet of bank stabilization). There will be
355 linear feet of temporary stream impacts (including 177 feet of intermittent streams and 178 feet of
perennial streams) and 0.409 acre of temporary hand clearing impacts in wetlands. There are 162,336 sq.
ft. of riparian buffer impacts (including 102,956 sq. ft. in Zone 1 and 59,380 sq. ft. in Zone 2).
Mitigation
The NCDOT has avoided and minimized impacts to jurisdictional resources to the greatest extent possible.
The proposed construction of R-5777C will result in unavoidable impacts to jurisdictional streams, riparian
wetlands, non -riparian wetlands, and Neuse River riparian buffers. NCDOT is utilizing NCDMS for
compensatory mitigation for R-5777C.
Federally Protected Species
The United States Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC)
Environmental Conservation Online System (ECOS) identified federally protected species protected by the
Endangered Species Act (ESA) within the study area. For each species, the presence or absence of habitat
is included below along with the Biological Conclusion rendered based on survey results.
Table 1. ESA federally protected species potentially occurring within the Study Area'
Scientific Name
Common Name
Federal
Status
Habitat
Present
Biological
Conclusion
Alligator mississippiensis
American alligator
T (S/A)
Yes
Not Required
Calidris canutus ru a
rufa red knot
T
Yes
No Effect
Chelonia m das
green sea turtle
T
No
No Effect
Dermochel s coriacea
leatherback sea turtle
E
No
No Effect
Laterallus jamaicensis
'amaicensis
eastern black rail
T
No
No Effect
L simachia as erulae olia
rough -leaved loosestrife
E
Yes
No Effect
M otis se tentrionalis
northern long-eared bat
E
Yes
MA-LAA
Necturus lewisi
Neuse River waterdog
T
No
MA-NLAA
Perim otis sub avus
tricolored bat
PE
Yes
MA-LAA
Picoides borealis
red -cockaded woodpecker
E
Yes
No Effect
Trichechus manatus
West Indian manatee
T
No
No Effect
' IPaC data checked on January 12, 2024
E — Endangered, T — Threatened, T(S/A) — Threatened due to Similarity of Appearance, PE — Proposed endangered, MA-LAA —
May Affect, Likely to Adversely Affect, MA-NLAA — May Affect, Not Likely to Adversely Affect.
Biological Conclusions for ESA Listed Species
The CE addressed the analysis of potential effects on federally protected species. Since the CE was
approved there have been changes in status of several species that were listed or proposed for listing in the
study area. The Neuse River waterdog was proposed for listing when the CE was approved and has now
been officially listed as Threatened. The status of northern long-eared bat (NLEB) was changed from
Threatened to Endangered. Tricolored bat has been proposed for listing as Endangered within the study
area. Several species have been removed as potentially occurring within the study area including Atlantic
sturgeon, Carolina madtom, shortnose sturgeon, and sensitive joint -vetch. It was determined that the project
will have No Effect on all the officially listed species except for the northern long-eared bat and tricolored
bat which both had a biological conclusion of May Affect, Likely to Adversely Affect (MA-LAA) and
Neuse River waterdog which had a biological conclusion of May Affect, Not Likely to Adversely Affect
(MA-NLAA); see Table 7.
Rufa red knot
Suitable intertidal marine and estuarine shoreline habitat for the rufa red knot is present within the study
area. This area is located where USFS property abuts the Neuse River at Fisher's Landing Campground.
Sandy, intertidal beaches occur throughout this section of shoreline, making it a suitable migration stopover
location. However, due to the location of the shoreline distance from the project construction boundary,
the project will not affect the rufa red knot. Rufa red knot surveys were conducted on April 8 and April 16
of 2020. No rufa red knots were observed during these two spring migration surveys. A review of the
October 2, 2023 NCNHP dataset indicates no known rufa red knot occurrences within 1.0 mile of the study
area.
Rough -leaved loosestrife
Suitable habitat for rough -leaved loosestrife does exist in the study area along roadside rights -of -way,
within utility corridors, and along sufficiently sunlit upland/wetland interfaces. Three Oaks staff conducted
plant -by -plant surveys for rough -leaved loosestrife June 5-6, 2019. No plants were observed. An additional
survey is planned for mid -May 2024 to update the 2019 survey and confirm biological conclusion. A review
of the October 2, 2023 NCNHP dataset indicates no known rough -leaved loosestrife occurrences within 1.0
mile of the study area.
Northern long-eared bat
The USFWS has issued a programmatic biological opinion (PBO) in conjunction with the Federal Highway
Administration (FHWA), the US Army Corps of Engineers (USACE), and NCDOT for the northern long-
eared bat (NLEB) (Myotis septentrionalis) in eastern North Carolina. The PBO covers the entire NCDOT
program in Divisions 1-8, including all NCDOT projects and activities. Although this programmatic covers
Divisions 1-8, The USFWS only considers NLEBs to be known or potentially found in 30 counties within
Divisions 1-8. NCDOT, FHWA, and USACE have agreed to two conservation measures which will
avoid/minimize mortality of NLEBs. These conservation measures only apply to the 30 current
known/potential counties shown on Figure 2 of the PBO at this time. The programmatic determination for
NLEB for the NCDOT program is May Affect, Likely to Adversely Affect. The PBO will ensure
compliance with Section 7 of the Endangered Species Act for ten years (effective through December 31,
2030) for all NCDOT projects with a federal nexus in Divisions 1-8, which includes Craven County, where
R-5777C is located.
Neuse River waterdog
The Neuse River waterdog (NRWD) is listed as a Threatened Species. A NRWD Survey Report was
completed for this project in which a biological conclusion of May Affect, Not Likely to Adversely Affect
(MA-NLAA) was reached on March 6, 2020. A Neuse River Waterdog Habitat Assessment Memo was
completed to update the 2020 report for the R-5777C. A biological conclusion of May Affect not Likely to
Adversely Affect remains valid for this species. In a letter dated January 17, 2024 the USFWS concurred
that the project would not likely adversely affect the Neuse River Waterdog.
Tricolored bat
The USFWS has issued a programmatic conference opinion (PCO) in conjunction with the Federal
Highway Administration (FHWA), the US Army Corps of Engineers (USACE), and NCDOT for the
tricolored bat (TCB) (Perimyotis subflavus) in eastern North Carolina. The PCO covers the entire NCDOT
program in Divisions 1-8, including all NCDOT projects and activities. NCDOT, FHWA, and USACE
have agreed to three conservation measures (listed in the PCO) which will avoid/minimize take to TCBs.
These conservation measures apply to all counties in Divisions 1-8. The programmatic determination for
TCB for the NCDOT program is May Affect, Likely to Adversely Affect. Once the TCB is officially listed,
the PCO will become the programmatic biological opinion (PBO) by formal request from FHWA and
USAGE. The PBO will ensure compliance with Section 7 of the ESA for approximately five years
(effective through December 31, 2028) for all NCDOT projects with a federal nexus in Divisions 1-8, which
includes Craven County, where R-5777C is located.
Red -cockaded woodpecker
Suitable nesting (open to semi -open pine stands > 60 years of age) and foraging (open to semi -open pine
stands > 30 years of age) habitat for the red -cockaded woodpecker (RCW) does exist in the study area.
These forests receive prescribed fire treatments every 3-6 years and possess the necessary mid -story and
groundcover vegetative structure required by the red -cockaded woodpecker. Due to the presence of suitable
habitat within the study area, Three Oaks staff conducted RCW surveys within a half -mile radius of suitable
habitat located within the study area. RCW surveys were conducted November 20-21, 2019 and January
29-30 and February 17, 2020. A report documenting the results of these surveys is provided in Appendix
C. No RCW's or RCW cavities were found within the study area. One potential RCW start -cavity was
found within a half -mile of the study area on USFS property but was later determined by USFS staff to be
the product of pileated woodpecker activity as opposed to that of an RCW; however, USFS staff indicated
they would monitor the start -cavity to ensure this was indeed pileated woodpecker activity. A review of
the October 2, 2023 NCNHP dataset indicates no known RCW occurrences within 1.0 mile of the study
area.
Bald and Golden Eagle Protection Act (BGPA)
In the July 9, 2007, Federal Register (72:37346-37372), the bald eagle was declared recovered and removed
(de -listed) from the federal list of threatened and endangered wildlife. This delisting took effect on August
8, 2007. After delisting, the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d) became the
primary law protecting bald eagles. Surveys of the study area and the area within 660 feet of the project
limits took place on November 20-21, 2019 and April 8 and April 16 of 2020. Surveys concluded that the
proposed project has potential foraging areas within 1.0 mile from the study area but will have no impact
on the bald eagle due to the absence of nest sites. A review of the October 2, 2023 NCNHP dataset identified
a historic record from 1971 within one mile of the study area. Although this occurrence occurs within the
study area, the lack of nests or observed eagles and the minimal impact anticipated, it has been determined
that this project will not affect this species.
Cultural Resources
In March 2020, NCDOT architectural historians conducted an intensive -level survey of the two
properties identified (Tom Haywood Store (CV1044) and Croatan Presbyterian Church (CV1385) in
which they were both determined not eligible for NRHP listing. The SHPO concurred with this finding
on May 6, 2020.
Site 31CV241 is recommended eligible for the National Register of Historic Places (NRHP).
The archaeological site will not be impacted by the proposed design. Final Plans will identify the
location of High -Visibility Fencing (HVF) along the Proposed Right of Way/Control of Access
(ROW/CA) or Easement, whichever extends farthest into Parcel# 6-011-019 (U.S. Government
Property, Deed Book 0336, Deed Page 0061), beyond which will be labeled as: "PROTECTED AREA."
High -Visibility Fencing will be installed prior to any clearing and grubbing operations, will be
maintained for the construction duration, and will not be removed until final project inspection.
Indirect and Cumulative Effects
Potential indirect and cumulative effects (ICE) attributable to the upgrade to US 70 from Thurman Road
to the Havelock Bypass project were analyzed in the CE. The project is anticipated to lead to a reduction
in travel time along the mainline, US 70. Population and employment within the project area are
expected to grow, but at modest rates, and local planners anticipate that available land will be
developed over time, whether the project is constructed or not. The City of New Bern, the City of
Havelock, and Craven County have plans and ordinances in place to effectively manage growth and
development while protecting natural resources within the project area.
It is anticipated that the project will not notably contribute to cumulative impacts to environmental
resources in the project area. The potential for the degradation of water quality does exist through
erosion and stream sedimentation. The stormwater management plan details measures taken to avoid
and minimize these potential project related impacts.
The notable natural environmental features found within the project area are provided multiple
protections under state and federal laws and local permitting ordinances. The cumulative effect of this
project when considered in the context of other past, present, and future actions, and the resulting impact
on the notable human and natural features, will not notably contribute to cumulative impacts to
environmental resources in the project area. Direct natural environmental impacts by NCDOT are
minimized to the maximum extent practicable while still serving the purpose of the project. All future
development will be required to follow local, state, and federal guidelines and permitting regulations. No
significant indirect or cumulative impacts to water quality are anticipated due to the construction of the
R-5777C project.
Other Permits
In addition to the Division of Coastal Management (DCM) Consistency Determination permits to
be obtained for this project include an Individual Section 404 permit from the U.S. Army Corps of
Engineers, and a Section 401 Water Quality Certification from the N.C. Department of Environmental
Quality.
DCM General Policy Guidelines for the Coastal Area
The general policy guidelines in 15A NCAC 07M have been reviewed for applicability to this project in
its entirety. This project will not affect shoreline erosion or shoreline access. This project benefits the
public interest and will outweigh the potential long-range adverse effects to the environment. However,
this project will require compensatory mitigation and impact water quality. This project has been
designed to avoid and minimize jurisdictional areas to the maximum extent practicable. A stormwater
management plan is an important element of the project. All reasonable means and measures to lessen the
impacts of the project have been incorporated into the project design. Best Management Practices will
be in place during construction; compensatory mitigation will be provided through NCDMS.
Coastal Area Management Act Land Use Plans
Craven County participates in the cooperative state -local North Carolina Coastal Area Management
Act (LAMA) program. CAMA requires local governments within the 20 coastal counties to prepare land
use plans that provide a balance of protection, preservation, and orderly development.
The project was reviewed for consistency with applicable CAMA land use plans, including the
Craven County CAMA Core Land Use Plan (Holland Planning Consultants, 2009), the New Bern, River
Bend, Trent Woods, Regional Land Use Plan (AECOM, 2011), and the City of Havelock 2030
Comprehensive Plan (Urban Resource Group, 2009). The county and city land use plans support the
upgrade to US 70 from Thurman Road to Havelock Bypass in Craven County. The proposed project is
consistent with the Craven County CAMA Core Land Use Plan, which identifies several policies to be
implemented. The county land use plan identifies the need to plan for infrastructure capacity to be able to
meet future needs, support safe hurricane evacuation routes, support interconnected street systems, and
improve access to Marine Corps Air Station Cherry Point.
Transportation opportunities are discussed in the 2011 New Bern, River Bend, and Trent Woods
Regional Land Use Plan under Infrastructure Carrying Capacity. Several policies are identified in the
land use plan including encouraging land development in areas that already have the support
infrastructure in place, enhancing local and regional connectivity to other parts of the state, providing
pedestrian facilities, and having a system of connector roads that minimize the burden on major
highways. Specifically called out in the land use plan is that US 70 improvements shall be an integral
part of planning for traffic within the region. This consistency review indicates that the Preferred
Alternative does not conflict with the goals set forth in the aforementioned land use plans and that the
documents are supportive of the project.
After reviewing the various policy statements, NCDOT concludes that this project is consistent with the
relevant CAMA Land Use Plans.