20141169 All Versions_General Correspondence_20080630

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SECTION 404/NEPA MERGER 01 ISSUE BRIEF: 6/30/08

Submitted by: Christopher A. Militscher, REM, CHMM
Merger Team Representative
USEPA Raleigh Office

THRU: Heinz J. Mueller, Chief
NEPA Program Office
USEPA Region 4
Thomas C. Welborn, Chief

Wetlands, Coastal Protection Branch
USEPA Region 4

CC: Kathy Matthews, Life Scientist
Wetlands Protection Section
USEPA Region 4 - Durham Office

To: Mark S. Pierce, P.E., Project Manager
Planning Development and Environmental Analysis Branch
NCDOT

1. Project Name and Brief Description: R-2514 B Section, US 17 Improvements
(Maysville Bypass), Onslow and Jones Counties; New location and widening sections
south of Pollocksville (R-2514 C and D Sections).

2. Last Concurrence Point: CP 3 LEDPA for R-2514C and D Sections
Date of Concurrence Point 3 Meeting: 6/19/08

3. Proposal and Position: EPA recommends that Alternative 2C be selected as the
LEDPA for the R-2514B section. NCDOT proposes to select Alternative 2A for the
LEDPA based almost entirely upon SHC vision goals. Based on our review EPA believes
that Alternative 2C is consistent with the overall US 17 improvements and has the least
overall impacts to both the human and natural environment. The Merger team agreed to
`segment' the LEDPA decisions for the US 17 Pollocksville/Maysville Bypass into three
sections: R-2514B/C/D so that NCDOT could proceed with additional design activities
for the R-2514C and D sections.
4. Reasons for Non-concurrence: Based upon the information provided in the DEIS, the
Concurrence Point 3 LEDPA meeting package dated 2/22/07, and the updated packages
provided for the 6/19/08 meeting, EPA does not concur with NCDOT's proposed
selection of Alternative 2A. NCDOT is basing its choice of Alternative 2A primarily due
to a stated desire to construct the new Maysville Bypass section using a Strategic
Highway Corridor (SHC) design with two `freeway-type' interchanges both north and
south of Maysville. The sections of US 17 both north (R-2514C) and south (R-2514A) of
Maysville have been or are being constructed to an expressway type design.

The 2004 SHC Vision plan was adopted after the purpose and need and the detailed study
alternatives for the project were accepted by the Merger team. Based upon traffic data
there does not appear to be a need to provide two `free-flowing', high-speed interchanges
both north and south of Maysville. The traffic benefits for providing approximately 4
miles of `freeway' section between two expressway sections have not been documented
by NCDOT. The Merger team agreed to drop Alternative 2 (Improve existing through
Maysville) and Alternative 213 (Bypass east of Maysville) due to human and natural
resource impacts. Based upon updated CP 3 Merger handouts, EPA's comments on the
impact differences for specific key indicators between Alternatives 2A and 2C are
provided below:

Jurisdictional wetland impacts: Alternative 2A (39.8 acres) has more than double the
wetland impacts as Alternative 2C (14.95 acres). Alternative 2A also has substantially
greater impact to high quality wetland systems than Alternative 2C.
Stream impacts: Alternative 2A (3,117 linear feet) has substantially greater impacts to
waters of the U.S. than Alternative 2C (2,007 linear feet). These additional stream
impacts include tributaries to the White Oak River watershed.

Relocation Impacts and other Human Resource Impacts: Alternative 2A (23 residential
and 2 businesses) has substantially higher relocation impacts to residences than
Alternative 2C (12 residences and 15 businesses). Considering that there are
approximately 70-80 total homes in the Belgrade area, 23 residential relocations may
represent a substantial socio-economic burden for local families and citizens.

Alternative 2C impacts to businesses have not been fully identified in terms of `complete
relocations' or simply reduced access or parking for the new expressway.
Potential Environmental Justice/Community Impacts: NCDOT has agreed to provide the
USACE with a "Benefit/Burden" community impact analysis for the Belgrade
community. The USACE as Lead Federal Agency has to agree that there is a
disproportional adverse impact to minority and low-income persons or community
cohesion issues in Belgrade from Alternatives 2A and 2C. As per current relocations and
other community housing statistics provided during the 6/19/08 meeting, Alternative 2A
has substantially more residential relocations than Alternative 2C. Considering the
limited housing in and around Belgrade, EPA believes that there could be a potentially
greater EJ impact to the community from Alternative 2A. EPA requests a copy of any
community impact analysis that is performed under E.O. 12989 for Environmental
Justice.

Other Impacts and Relevant Issues: As discussed in EPA's 2007 Elevation brief, EPA
supports a SHC design initiative when it can be supported by traffic data and when the
project is located in an urbanized and congested areas. It is difficult to justify the
substantially greater environmental impacts and the socio-economic costs (e.g.,
Alternative 2A is $35 million more: Alternative 2A is $77.73 million and Alternative 2C
is $42.5 million) associated with the need for potentially large interchanges, `free-

flowing' and high-speed ramp designs both north and south of Maysville. Alternative C
with one large interchange north of Maysville offers a better `balance' between
environmental impacts and transportation benefits while employing greatly improved
traffic flow along US 17. Alternative 2C also offers a consistent expressway design
between Pollocksville and Jacksonville.

5. Potentially Violated Laws/Regulations: Section 404(b)(1) of the Clean Water Act.
NCDOT did not make an adequate justification for the substantially increased impacts to
aquatic resources from Alternative 2A (compared to 2C) based upon `other significant
adverse impacts' (LEDPA definition contained at NCDOT's Merger 01 Website).

6. Alternative Course of Action: EPA recommends that NCDOT should reconsider its
position on Alternative 2A and concur with EPA, ACE, DWQ, FWS, WRC, DCM and
other agencies on Alternative 2C as the LEDPA. Also, NCDOT should fully investigate
additional avoidance and minimization efforts for stream and wetland impacts and begin
specific coordination with local officials on minimizing potential impacts to Maysville
and Belgrade residences and businesses with the expressway/' Superstreet' design.