20190230_Other Agency Comments_20080708

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A UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
9 ATLANTA FEDERAL CENTER
61 FORSYTH STREET
ATLANTA, GEORGIA 303M-8960
July 8, 2008

Gregory J. Thorpe, Ph.D.
Environmental Management Director
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548

Subject: U.S. 158 from I-95 to Murfreesboro Bypass in Northampton County, North
Carolina; State Draft EIS; TIP Nos.: R-2582/R-2584

Dear Dr. Thorpe:

The U.S. Environmental Protection Agency (EPA) Region 4 has reviewed the subject
document and is providing comments consistent with Section 102(2)(C) of the National
Environmental Policy Act (NEPA) and Section 309 of the Clean Air Act. The North Carolina
Department of Transportation (NCDOT) is proposing to widen U.S. 158 from the I-951NC 46
Interchange to the Murfreesboro Bypass in Northampton County, North Carolina. The improved
facility will also potentially include four bypasses involving the towns of Garysburg, Jackson,
Faison's Old Tavern and Conway. The proposed project is approximately 29.1 to 36.0 total miles
in length, depending upon which bypass alternatives are selected. The proposed facility would
be a four-lane, divided freeway with a 46-foot median.
This project has been in the NEPA/Section 404 Merger process, and EPA has been
actively involved during project planning. EPA concurred on the Concurrence Point 1 (CP),
Purpose and Need for this project, on February 9, 2000. EPA concurred on CP 2, Detailed Study
Alternatives to be Carried Forward, on August 18, 2005, and CP 2A, Bridging and Alignment
Review, on June 19, 2007. EPA's detailed comments on the DEIS are attached to this letter (see
Attachment A).

In summary, EPA has environmental concerns for potential impacts to jurisdictional
streams and wetlands. EPA recommends that NCDOT facilitate a discussion with other Merger
team agencies concerning potential impacts to human resources, including environmental justice
communities, historic properties and farmlands at the next Concurrence Point meeting. EPA
plans to continue its Merger process involvement in this proposed project through the hydraulic
and permit review stages, including the detailed avoidance and minimization efforts for streams
and wetlands and the use of Best Management Practices (BMPs), where appropriate.

Irttemet Address (URL) • http:Nwww.epa.gov
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Please include Ms. Kathy Matthews of EPA's Wetlands Section on any future meeting
notices. Should you have any questions about EPA's comments, please contact Mr. Christopher
Militscher on my staff at [phone] or by e-mail at: [e-mail].

Sincerely,

Heinz J. Mueller, 'ef
NEPA Program Office
Office of Policy and Management

Enclosure

cc: K. Jolly, USACE Wilmington District
P. Benjamin, USFWS-Raleigh
B. Wrenn, NCDENR-DWQ

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Attachment A

US 158 Widening from I-95 to Murfreesboro Bypass
in Northampton County, North Carolina
TIP Nos.: R-2582/R-2584

Evaluation of Project Impacts

There are 17 alternatives that were created from 29 design segments, including 3 bypass
alternatives around Garysburg, 4 bypass alternatives around Jackson, 4 bypass alternatives and 2
widening on existing alternatives for Faison's Old Tavern, and 4 bypass alternatives around
Conway.

The DEIS includes a comparison of the different alternatives under consideration in
Tables S-1 to S-4 (and Tables 4-1 to 4-4). EPA has reviewed and evaluated the different bypass
alternatives and offers the following general comments on each section:
r s burg: The human impacts for the Northern Bypass are substantially higher than either the
Gay
Southern Bypass 1 or the Southern Bypass 2 alternatives. The Northern Bypass has 32
residential (R) and 5 business (B) relocations and 28 noise receptor (NR) impacts compared to
the Southern Bypass 1,11R/2B/8NR and Southern Bypass 2,11R/2B/7NR. EPA is not clear as
to why Southern Bypass 1 (Sections Al, B2 & B3) has 2 interchanges and Southern Bypass 2
(Sections Al, B2 & B4) has only 1 interchange. EPA understands the need for an interchange at
US 158/US 301 but not for the interchange east of Garysburg at existing US 158. There is no
interchange proposed along existing US 158 east of Garysburg for the Southern Bypass 2
alternative. This should be explained at the next Concurrence Point meeting. For wetland and
stream impacts, the Northern Bypass alternative has lesser impacts than either the Southern
Bypass 1 or Southern Bypass 2 alternatives (i.e., 5 acres/1,520 linear feet versus I I acres/2,040
linear feet or 10 acres/3,410 linear feet). The DEIS also identifies that the Garysburg Northern
Bypass alternative has an `adverse and disproportionate impact' to minority/low income
populations. EPA does not dispute the general information contained on page 43 of the DEIS
concerning environmental justice issues. However, NCDOT should work closely with the U.S.
Army Corps of Engineers (USACE) as the Lead Federal Agency to ensure that they concur with
NCDOT's findings under the Executive Order 12898 on Environmental Justice.
Jackson: The Southern Jackson Bypass and the Northern Jackson Bypass alternatives have
greater residential relocations than either the Old Jackson Bypass or the Northern Extended
Jackson Bypass (i.e., 25, 11, 6 and 5, respectively). Wetland impacts are substantially less for
the Northern Jackson Bypass (i.e., 16 acres) compared to the other three alternatives (i.e., 34, 40
and 43 acres). Stream impacts are least for the Northern Extended Jackson Bypass at 850 linear
feet compared to 1,620 linear feet, 1,770 linear feet, and 2,110 linear feet for the Old Jackson
Bypass, Northern Jackson Bypass, and the Southern Jackson Bypass, respectively. Noise
receptor impacts are a magnitude greater (i.e., 52 receptors) for the Northern Jackson Bypass
than the other three alternatives (0, 4 and 11). There are 10 eligible or listed historic properties
for both the Northern Jackson Bypass and the Southern Jackson Bypass compared to 4 properties

for the other two alternatives. Both the Northern Jackson Bypass and the Northern Extended
Jackson Bypass appear to have the greatest potential for indirect and cumulative impacts
resulting from a partial control of access from the proposed facility. It should be noted that there
is potentially an invasive plant species issue for the Old Jackson Bypass route. Substantial
colonies of Japanese knotweed (Fallopia japonica, et al.) have been identified within NCDOT
right-of-way (ROW) along the existing Jackson Bypass Road, including NC 305, at Gumberry
Creek and near St. John Church Road. EPA would be seeking avoidance and minimization
measures and BMPs for this highly invasive plant species should the Old Jackson Bypass
alternative be selected as the Least Environmentally Damaging Practicable Alternative
(LEDPA).
Faison's Old Tavern: The widening existing alternatives #1 and #2, have the least wetland and
stream impacts and the greatest number of residential relocations (i.e., 4 and 1 acres and 400 and
0 linear feet and 36 and 39 relocations). The new location alternatives, including Faison's
Northern Bypass #1 and #2 and Faison's Southern Bypass #1 and #2 have the greatest impacts to
jurisdictional wetlands and streams and the least residential relocations. However, the Southern
Bypass alternatives appear to present a better balance between human impacts and natural
resource impacts (e.g., Faison's Southern Bypass #2: 5 residential relocations, 9 acres of
wetlands and 540 linear feet of stream impacts). There is a notation in the summary that the
alternatives that improve/widen existing US 158 have a `potential' adverse and disproportionate
impact to low incomelminority populations. An actual analysis is not presented on page 43 of
the DEIS. This issue needs to be further evaluated and examined by the NCDOT and
coordinated with the USACE.

Conwa : The four new location alternatives for Conway include the Northern Bypass #1 and #2
and the Southern Bypass #1 and #2. Residential relocation impacts range between 15 and 22.
Wetland impacts are more than double for the Southern Bypass routes (i.e., 36 and 42 acres)
compared to the Northern Bypass alternatives (i.e., 15 and 15 acres). Stream impacts range
between 1,930 linear feet and 2,280 linear feet. It should be noted by EPA that there is also an
invasive plant species issue for the Northern Bypass alternatives. Substantial colonies of
Japanese knotweed (Fallopia japonica, et al.) have been identified along the NCDOT along local
roadways, NC 35 at Kirby's Creek, Tower Road, and others. EPA would be seeking avoidance
and minimization measures and Best Management Practices (BMPs) for this highly invasive
plant species should one of the Northern Bypass alternatives be selected as the LEDPA.
Prime Farmlands: All of the alternatives have a substantial impact to active agricultural lands.
The DEIS provides an excellent matrix impact table for farmland conversion at Table 6.6 on
page 37. For the Garysburg section of the project between 130 and 155 acres of farmland will be
impacted. For the Jackson section of the project, between 211 and 262 acres will be converted.
For the Faison's Old Tavern section, the impact range is more distinctive with the widening
existing alternatives having approximately 144 and 148 acres of impact and the new location
bypasses between 231 and 264 acres of farmland impact. For the Conway section, the Northern
Bypass alternatives have 202 acres of impact and the Southern Bypass #1 and #2 alternatives
have 241 and 232 acres, respectively. NCDOT utilized Natural Resources Conservation Service
(NRCS) criteria and completed "CPA-106 Forms" that are included in Appendix F to the DEIS.
The farmlands around Conway were considered to be of a higher concern according to the NRCS

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screening. None of the corridor section farmlands scored above 160 for total corridor points or
260 for the relative farmland value plus the total corridor assessment. The total impact to
farmland from the proposed project is substantial (i.e., approximately 800 acres) and NCDOT
should work closely with local officials and landowners to minimize impacts where practicable.

Stream and Wetland Avoidance and Minimization and Compensatory Mitigation

EPA acknowledges the early efforts to avoid and minimize impacts to streams and
wetlands, including bridging and the shifting of alternatives for D1, F9, G1, E1 and E4 (Page 94
of the DEIS). EPA recognizes other avoidance and minimization measures identified on page
94, including the use of equalizer pipes and longer bridges at several locations. EPA also
requests that NCDOT consider steepening side slopes to 2:1 in wetland areas and potentially
reducing the 46-foot median width at bridge crossings.
The DEIS evaluated 4 potential on-site mitigation opportunities (Pages 95 and 96). There
is a detailed discussion concerning each potential mitigation site location. Ms. Kathy Matthews
of EPA's Wetlands Section should be requested to conduct on-site feasibility visits with NCDOT
and other Merger team members at a later date in the Merger 01 process.

EPA recognizes that NCDOT may seek to obtain compensatory mitigation through the
Ecosystem Enhancement Program (EEP) for impacts that cannot be found on-site. EPA and
other resource agencies have previously identified some streams and wetlands along the
proposed corridors that may be enhanced or restored from past agricultural activities through on-
site mitigation efforts. EPA recommends that NCDOT continue to explore on-site mitigation
opportunities along the selected highway alignment once a `LEDPA selection' is made by the
Merger team.

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