20141169 All Versions_General Correspondence_20080701

Section 404/NEPA Merger 01 Issue Brief - July 1, 2008

1. Project Name and brief description: R-2514 B Section, US 17 Improvements (Maysville
Bypass), Onslow and Jones Counties
2. Last Concurrence Point: CP 3 for R-2514 C and D Sections
Date of Concurrence: June 19, 2008

3. Explain what is being proposed and your position including what you object to.

NCDOT's preferred alternative is Alternative 2A. NCDOT has based this preference on its
goals under its Strategic Highway Corridors (SHC) initiative. The USFWS objects to this
alternative being selected as the LEDPA. The USFWS proposes that Alternative 2C be
selected as the LEDPA.
4. Explain the reasons for your potential non-concurrence. Please include any data or
information that would substantiate and support your position.

Alternative 2A is clearly not the LEDPA. 2A would have 39.80 acres of wetland impacts
versus only 14.95 acres for 2C. 2A would have 3117 feet of stream impacts versus 2007 feet
for 2C. 2A would have significantly higher impacts to wildlife resources to include direct
mortality, direct habitat loss, habitat fragmentation, and cumulative impacts due to potential
secondary development. 2A would have significantly higher impacts to migratory birds.
Alternative 2A, being farther out from Maysville, would create the greatest amount of forest
habitat fragmentation effects. The effects of forest fragmentation usually extend well beyond
the project footprint and can lead to local extirpation of forest interior species and wildlife
species which require large home ranges. Roads act as physical barriers to wildlife
movement and/or cause significant wildlife mortality in the form of road-killed animals.
Forest fragmentation can lead to increased predation of some species and increased brown-
headed cowbird (Molothrus ater) parasitism of the nests of neotropical migrant birds.
Habitat fragmentation also often facilitates invasive and/or nonnative species colonization of
fragmented lands. Overall, the remaining, smaller, fragmented forest parcels are of less
value to forest interior species.
While the USFWS understands NCDOT's preference to build the highest level facility
possible, Alternative 2C would still provide a vast improvement over the existing condition
and clearly meets the purpose and need of the project. Given the much higher environmental
impacts, and given the fact that 2A costs $35.2 million more (almost double the cost) than
2C, the USFWS does not see adequate justification to build 2A.
Since the roadway both south and north of Section B will not be freeway, the USFWS does
not believe that it is justified to sacrifice an additional 24.85 acres of wetlands and 1110 feet
of stream, and at nearly double the cost, to build a short segment of freeway. We believe that
the law of diminishing returns applies here.

NCDOT prefers Alternative 2A because it fits more into its SHC vision goals. The SHC
initiative was adopted after the purpose and need statement was developed and after the
detailed study alternatives were agreed to by the Merger Team. To date, traffic data has not
demonstrated that there is a need for the higher level freeway facility of 2A versus 2C.
5. List any relevant laws or regulations that you believe would be violated or jeopardized
if the proposed action were implemented and explain the basis for violation.

The USFWS believes that Section 404(b)(1) of the Clean Water Act would be violated if
Alternative 2A is chosen as the LEDPA. 2A has 166% higher wetland impacts and 55%
higher stream impacts without adequate justification.

The Fish and Wildlife Coordination Act (FWCA) (16 U.S.C. 661-667d) provides the basic
authority for the USFWS involvement in evaluating impacts to fish and wildlife from
proposed water resource development projects. It requires that fish and wildlife resources
receive equal consideration to other project features. It also requires Federal agencies that
construct, license or permit (e.g. Section 404) water resource development projects to first
consult with the Service and State fish and wildlife agencies regarding the impacts on fish
and wildlife resources and measures to mitigate these impacts. Specifically, the USFWS
provides comments and recommendations to the U.S. Army Corps of Engineers for the
issuance of Section 404 Clean Water Act permits. With regard to a project with multiple
alternatives, the USFWS provides recommendations to the USACE as to which alternatives
best avoid and minimize impacts to fish and wildlife resources.
6. What alternative course of action do you recommend?
NCDOT should concur with the other agencies on the Merger Team that Alternative 2C is
the LEDPA.