20141169 All Versions_DCM Merger Info_20080701

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary

Section 404/NEPA Merger 01 Issue Brief
R-2514
NC Division of Coastal Management
July 1, 2008

1. Project Name and Brief Description:
R-2514 B, C, & D Sections, US 17 Improvements from SR 1330/SR 1439 South of Belgrade
to the Jones - Craven County Line, Onslow and Jones Counties.

2. Last Concurrence Point:
CP 2A Bridging and Alignment Review

3. Date of Concurrence:
On 2/22/07 concurrence was reached on the bridging decisions. It should be noted that on
6/19/08, CP 3 was reached on Alternative 3, the center section of the project, and Alternative
4D on the northern (Pollocksville) portion of the project. CP 3 could not be reached on the
southern (Maysville) portion of the project.

4. What is Proposed and the Agency Position?
The remaining alternatives under consideration for the southern portion of the project are
Alternative 2A and 2C. Alternative 2A is NCDOT's preferred alternative for the Maysville
portion of the project. DCM and other resource agencies, which DCM relies on in making
permit and consistency decisions, prefer the selection of Alternative 2C for the LEDPA.
The crossing of the White Oak River, with the selection of either Alternative 2A or
Alternative 2C, will require a CAMA Major Permit. A CAMA permit for this project, if
issued, will encompass only the portion of the project within the coastal zone, which includes
the portion located in Onslow County and the crossing of the White Oak River.

5. Reasons for Non-Concurrence:
On 6/19/08 DCM did not concur on Alternative 2A, NCDOT's preferred alternative, for
selection as the L.EDPA. The total wetland impacts for Alternative 2A (39.80 acres) far
exceeded the wetland impacts of Alternative 2C (14.95 acres). The stream impacts were over
1000 linear feet greater for Alternative 2a (3117 ft.) compared to Alternative 2C (2007 ft.).
In addition, the residential relocations for Alternative 2A (23) were almost double the
number of relocations for Alternative 2C (12). Both Alternative 2A and Alternative 2C
would meet the project's purpose and need.

400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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Section 4041NEPA Merger 01 Issue Brief Page 2
R-2514, NCDCM

6. Relevant Laws or Regulations:
COASTAL AREA MANAGEMENT ACT (CAMA)
The goals of CAMA are to ensure development of the land and water resources of the coastal
area proceeds in a manner consistent with the capability of the land and water for
development based on ecological considerations and to ensure the orderly and balanced use
and preservation of coastal resources on behalf of the people of North Carolina and the
nation.
§ 113A-120(a)(9) GRANT OR DENIAL OF PERMITS
DCM may deny an application for a permit upon finding that considering engineering
requirements and all economic costs there is a practicable alternative that would accomplish
the overall project purposes with less adverse impact on the public resources.

15A NCAC 07M.0801 DECLARATION OF GENERAL POLICIES
The waters of the coastal area are a valuable natural and economic resource of statewide
significance. Traditionally these waters have been used for such activities as commercial and
recreational fishing, swimming, hunting, recreational boating, and commerce. These
activities depend upon the quality of the waters. Due to the importance of these activities to
the quality of life and the economic well being of the coastal area, it is important to ensure a
level of water quality, which will allow these activities to continue and prevent further
deterioration of water quality. No land or water use shall cause the degradation of water
quality so as to impair traditional uses of the coastal waters. The Coastal Resources
Commission takes a lead role in coordinating these activities.

15A NCAC 07M.0802 POLICY STATEMENTS
All of the waters of the state within the coastal area have a potential for uses that require
optimal water quality. Therefore, at every possible opportunity, existing development
adjacent to these waters shall be upgraded to reduce discharge of pollutants. Basin-wide
management to control sources of pollution both within and outside of the coastal area,
which will impact waters flowing into the rivers and sounds of the coastal area, is necessary
to preserve the quality of coastal waters.

15A NCAC 07J.0207 AGENCY REVIEW/COMMENTS: MAJOR
DEVELOPMENT/DREDGE AND FILL
In order to determine the impact of a proposed project, DCM circulates CAMA major
development permit applications to the state review agencies having expertise in each of their
respective disciplines. Each reviewing agency may make an independent analysis of the
application and submit recommendations and comments. Such recommendations and
comments are considered in taking action on a permit application.

The NC Division of Water Quality (DWQ) requires applicants to consider alternatives to
impacting waters of the state and wetlands during the design of their project. On 6/19/08, the
DWQ and the NC Wildlife Resources Commission (WRC) did not concur with NCDOT's
preferred alternative. DCM must take this into consideration in the selection of the LEDPA
for this project.

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R-2514, NCDCM

15A NCAC 07J,0209 ISSUANCE OF PERMITS
The decision to issue or deny the permit is based, in part, by the comments of all interested
state agencies.

7. Recommended alternative course of action:
DCM recommends that the NEPA/404 project team concur with Alternative 2C as the
LEDPA.