20071823 Ver 1_Email_20080214

Action ID# 1993-01941 -- Request for Public Hearing Regarding NCDOT TIP R-2502
From Marsh Smith [marsh@marshsmithlaw com]
Date Feb 14, 2008 16 38
To <emily r burton@usace army and>, <nchard k spencer@usace army mil>
"Sally Jones"<sallyjones@tnad rr com>, "Joe
Cc McDonald"<joemc@mindspring com>, "Jean
Gleason"<jean@marshsmithlaw com>, <hzerof@carolina rr com>
Subject Action ID# 1998-01941 -- Request for Public Hearing Regarding NCDOT TIP
R-2502
Attachments NLetter #1, Comment Letter to USACE pdf (117 KB)
Ms Burton and Mr Spencer
Page 1 of 1
Please accept the attach comment letter and request for a public hearing regarding the above project (Action
ID# 1998-01941)
Thank you
Marsh Smith
https //webmail ncmail net/cp/ps/MailNiewMsgController?d=ncmail net&contentSeed=3 10/14/2008
Comments on NCDOT TIP Project R-2502 in Richmond County
From Marsh Smith [marsh@marshsmithlaw com]
Date Feb 14, 2008 16 51
To <Ian McMillan@ncmail net>, <Cyndi Karoly@ncmad net>
"Jean Gleason"<jean@marshsmithlaw com>, "Jean
Cc Gleason"yean@marshsmithlaw com>, "Sally
Jones"<sallyjones@trnad rr com>, <hzerof@carolina rr com>
Subject Comments on NCDOT TIP Project R-2502 in Richmond County
Attachments ElAction ID# 1998-01941 -- Request for Public
Hearing Regarding NCDOT TIP R-2502
Ms Karoly and Mr McMillan
Page 1 of 1
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Please accept the attached comments that I sent to USACE as comments on the 401 Water Quality
Certificate application for the above project
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z-? ?/ / E3,2 3
Law Office of Marsh Smith, P.A.
Physical Address 255 West New York Avenue, Southern Pines, NC 28387
Mailing Address: PO Box 1075, Southern Pines, NC 28388-1075
Phone [phone] / Fax [phone]
E-mail marsh@marshsmithlaw coin
14 February 2008
Via Facsimile (910-251- 4025) and First Class Mail
Mr Richard K Spencer
Wilmington Regulatory Field Office
P O Box 1890
Wilmington, NC 28402-1890
Re TIP Project No R-2502, Section 404 Permit Application
Action 1D# 1998-01941,
Construction of US1 in Richmond Co from SR 1001 (Marston Road) to Mooie Co
Dear Mr. Spencer
On behalf on the North Caiolina Alliance for Transportation Reform, Inc , Dr Herbert Zerof and
myself, I request that a public hearing occur with regard to the above referenced permit
application In support of this request, I offer the following particulars
• R-2502 has been improperly segmented from NCDOT's long-standing plans to enlarge
US 1 to a 4-lane facility across the breadth of Richmond County, from Drowning Creek in
the north end of Richmond County to the South Carolina line (see attached letter from
NCDOT Secretary Garland Garrett before the segmentation occurred),
• The federal environmental impact statement for the southern segment of the US 1 4-laning
(TIP # R-2501) across the breadth of Richmond County remains incomplete (the last
document offered for public comment was the supplemental DEIS,
• NCDOT's state EA for the segment presently requiring a permit (R-2502) was published
for comment solicitation in the year 2000 and, since that time, the principal peak load
traffic generator - the Rockingham Speedway - has closed, calling into question the need
for the pioj ect at all,
• NCDOT's state EA for R-2502 offeied no analysis of the secondary impacts to wetlands
from the "sprawl" that the presence of a 4-lane highway induces, and sprawl typically has
impacts on wetlands ranging from direct destruction to non-point source pollution and
reductions in groundwater inflow to wetlands due to loss of recharge caused by
impervious surfaces, groundwater wrthdiawals, compression of upgradient soils, etc,
• R-2502's direct impacts to public recreation land comprising Sandhills Gameland,
including high quality wetlands associated with Drowning Creek, and other conservation
holdings, including over 50 acres of wetlands held by the Sandhills Area Land Trust, Inc
adjacent to Drowning Creek, and
• Since global warming has significant impacts on wetlands and since well documented
research shows that increases in highway lane-miles inevitably leads to additional vehicle
miles traveled, the iecent U S Supreme Court opinion in Massachusetts v. EPA requires
USACE to consider the additional greenhouse gas releases caused by R-2502 in deciding
whether to issue a section 404 permit
Foi all of these reasons, T strongly urge USACE to hold a public hearing on the Section 404
Perintt tcqucst from NCDOT
Thank you
Sincerely, j
Marsh Smith
Enclosure 6 27 1996 letter
MI Maisti Smith
June 27, 1996
Page 2
J I ank you arain nor your mteiest in this important highway project
Siacer?ly,
t-
Gnrland R Garrett Jr __-
GBG1hfv
cc Mary Hayes Ho '
Isabello Thomas b , r
Ted Bisterfeld, I
Don Voelker, F
SIAII a NORiii CAROIINA
RodneyE Slate
David Cox, N ( DEPARTMENT OF TRANSPORrArioN
John Doiney,N Jn.tl b llt,Ni 11, VO ROX )s>or 1-11 R.11 N, i .)01 Gu.r,tnr> 13 (.Altfti l I )I,
H FianhlmViel c„\ nN,n ))kIIIki+
June 27, 1996
Mr Marsh Smith
Cunningham Desmond, Petersen and Smith, 1 L P
Attorneys and Counselors at Law
Post Office Bo- 1468
Southern Pines, North Carolina 28388
Dear M- Smith
Thank you foi your recent letter regal ding improvements to US i in Moore and
Lee Counties (FJ.P Project No R-210) ,
The Department of Transportation followed all requited procedures in tl,e
formulation of the Draft Lnvironmentai Impact Statement (DEIS), the Final
Envy onmental Impact Statement (FE113), and the Record of Decision (ROD) for the
R-210 project We have coordinated every stage of this project with the Federal Highway
Administration using their guidelines for the p,eparat,on of envnonmental documents
As I have stated in earliet conespondence, the Department is mandated by the
Highway Frust Fund Act of 1989 to four-lane existing US 1 from the Virginia state line to
the Soutn Carolina state line Mrs entire section of US 1 currently has multi-lanes of is
under constniet,on except for two piojects the 11-210 project and the R-2501 project in
Richmond County As far as the logical ter mint for this project is concerned an EIS foi
the entire US I corridor is not required
We stand by our decision to proceed with this project and believe that it will
improve the transoortation needs of Moore and Lee Counties in the ftifUle
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