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HomeMy WebLinkAboutR-5777C Coastal Consistency Certification with letter.pdfST�7E�. 05 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.