20070932 Ver 1_General Correspondence_20080409

18

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NCDENR 8
North Carolina Department of Environment and Natural Resource' 41-,y
Division of Coastal Management 11R*1,
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary

April 8, 2008

Gregory J. Thorpe, Ph.D.
Environmental Manager Director APR 2p
Project Development and Environmental Analysis Branch
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NC Department of Transportation Ud
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1548 Mail Service Center
Raleigh, North Carolina 27699-1548
SUBJECT: CD07-100 (Amended) - Consistency Concurrence for Proposed
Modification to the Extension of NC 43 from South of NC 55 to
North of US 17 in Craven County, NC, (NC 43 Connector, TIP
No. R-4463), DCM # 20070059
Dear Dr. Thorpe:

We received the amended consistency certification of North Carolina Department of
Transportation (NCDOT) on February 20, 2008 for a proposed modification of the subject
project. We also received corrected project drawings on February 28, 2008. The site of
the proposed project is located west of New Bern in Craven County, from NC 55 to US 17,
with an interchange at US 70, west of Glenburnie Road in Craven County, North Carolina.
The initial consistency certification was issued on October 3, 2007 and is being amended
through this certification. The modification to the original design has been made to
accommodate Norfolk and Southern Railroad's request to enlarge the opening of the
railroad bridge. The additional fill due to the design change of the vertical profile is
projected to increase the project's total permanent 404 wetland impacts by 0.13 acres.

North Carolina's coastal management program consists of, but is not limited to, the Coastal
Area Management Act, the State's Dredge and Fill Law, and the land use plan of the
County and/or local municipality in which the proposed project is located. It is the
objective of DCM to manage the State's coastal resources to ensure that proposed activities
are compatible with safeguarding and perpetuating the biological, social, economic and
aesthetic values of the State's coastal resources.

DCM has reviewed the consistency submission pursuant to the enforceable policies of
North Carolina's coastal management program, including the management objectives of
Section 15A NCAC 07M of North Carolina's Administrative Code. DCM concurs, as
conditioned below, that the proposed modification to the project remains consistent with
the enforceable policies of North Carolina's coastal management program.

400 Commerce Avenue, Morehead City, North Carolina 28557-3421
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper

Consistency Concurrence Page 2
Proposed Modification
NC 43 Connector, TIP No. R-4463

• In order to be found consistent with North Carolina's coastal management program,
all work is to be performed in accordance with the modification to the 401 Water
Quality Certification, DWQ Project No. 20070932 v.2, issued by the NC Division
of Water Quality to the NC Department of Transportation on March 28, 2008.

• In order to be found consistent with North Carolina's coastal management program,
compensatory mitigation for unavoidable impacts to an additional 0.13 acres (or a
total project amount of 4.55 acres) of non-riparian wetlands will be provided by the
NC Ecosystem Enhancement Program (EEP) in Hydrological Cataloging Unit

03020204, as outlined in the revised EEP Mitigation Acceptance Letter dated
February 8, 2008 to the USACE.

Should the project be further modified, a revised consistency certification could be
necessary. This might take the form of either a supplemental consistency certification
pursuant to 15 CFR 930.66, or a new consistency certification pursuant to 15 CFR 930.57.
Likewise, if further project assessments reveal environmental impacts not previously
considered by the proposed development, a supplemental consistency certification might
be required.

If you have any questions, please contact Steve Sollod at [phone] x230 or via e-
mail at [e-mail]. Thank you for your consideration of the North Carolina
coastal management program.

Sincerely,

C'-
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Doug Huggett
Manager, Major Permits and Consistency Unit

cc: Beth Harmon, EEP
Stephen Lane, DCM
Chris Manley, NCDOT
Stephen Rynas, DCM
Steve Sollod, DCM
David Wainwright, DWQ
William Wescott, USACE