HomeMy WebLinkAbout20181598_Att. 14 - Implementation Procedures at 1_20160222Attachment 14
Section 404 / NEPA
Mer er 01
g
Process Information
A ri I 25 2005
p �
Memorand u m of
U nderstand i n
g
Rev. 1 /4/05
Memorandum of Understanding
Section 404 of the Clean Water Act
And
National Environmental Policy Act
Integration Process for Surface Transportation Projects in North Carolina
Applicability:
A. These procedures will generally apply to all new location projects and all
projects that require an individual permit under Section 404 of the Clean
Water Act. FHWA, USACE, NCDENR, and NCDOT will consult early in
the project development process and apply screening criteria to identify
specific projects that will follow this process.
Note: If a project is being developed under the North Carolina
Environmental Policy Act without FHWA involvement, this process will still
be applicable but will be implemented without FHWA participation.
B. Regulatory/Resource Agency participation in this process does not imply
endorsement of all aspects of a transportation plan or project. Nothing in
these procedures is intended to diminish, modify, or otherwise affect the
statutory or regulatory authorities of the agencies involved. In the event
of any conflict between this process and other statutes or regulations, the
statutes or regulations control.
Background:
In a May 1, 1992 agreement, the U. S. Department of Transportation, the Office
of the Assistant of the Army (Civil Works), and the U. S. Environmental
Protection Agency (EPA) developed policy that would (a) improve interagency
coordination and (b) would integrate NEPA and Section 404 procedures. On
May 14, 1997, the Wilmington District of the USACE, the North Carolina Division
of FHWA and NCDOT signed an Interagency Agreement that provided
procedures to integrate NEPA and Section 404 for transportation projects in
North Carolina. This integrated approach is part of an effort to streamline the
project development and permitting processes. The objective is to ensure that
the regulatory requirements of Section 404 of the Clean Water Act are
incorporated into the NEPA decision-making process for transportation projects.
The original process is hereby modified to incorporate experience gained with
years of use of the 1997 agreement, guidance from the USACE-NCDOT-
NCDENR permit process improvement workshop, and incorporation of the
streamlining provisions of the Transportation Equity Act for the 21St century (TEA-
21). This process will continue to be regularly evaluated for its effectiveness and
modified as appropriate.
Concept of Concurrence:
The process is conducted under the concept of "concurrence" with a project team
organization. Concurrence implies that each team member and the agency they
represent agrees to decisions made at strategic points in the project
development process and in doing so "pledges" to abide by the decision made
unless there is a profound changed condition. The USACE, NCDENR, NCDOT
and FHWA jointly lead the project team. Concurrence points are defining points
in the NEPA project development and Section 404 permitting process.
Concurrence is sequential and must be achieved in proper order. As an
example, it is not possible to have agreement on alternatives selected for
detailed study (Concurrence Point 2) without first achieving agreement on
purpose and need (Concurrence Point 1).
The intent of the streamlined process is to ensure that agency concurrences are
obtained before proceeding to the next step or concurrence point. Concurrence
will be documented by signature of a concurrence form summary statement. If an
agency cannot concur, they agree to provide a written explanation of the basis
for non-concurrence to the Project Team. All agencies agree to attempt to
resolve issues causing non-concurrence and to try to do so on an informal basis
within 15 working days of the subject concurrence meeting.
Having concurred at a particular milestone, a team member will not request to
revisit previous concurrence points unless there is substantive new information
that warrants a reevaluation. Examples of such a reevaluation might include:
➢ a change in the assumptions on which the project purpose or need was
based;
➢ a change in regulatory authority that extends regulatory jurisdiction to
include an area or resource that was not previously regulated;
➢ discovery of an impact, resource or additional information that was not
previously identified or did not previously exist; or
➢ discovery of engineering limitations.
All team members agree that staffing changes are not sufficient reason to revisit
a previous concurrence point and that newly involved agency staff will abide by
the project decisions made by previous staff and the team. A request to revisit a
previous concurrence point will be provided in writing to team leaders and will
include supporting documentation. Team leaders (FHWA, USACE, NCDENR,
and NCDOT) will respond to the request in writing with a carbon copy, or email
with cc's, to the entire Project Team.
Project Team:
NCDOT will coordinate with the USACE, FHWA, and NCDENR to identify team
members for each project. NCDOT will provide written verification of participating
team members for each project. It is recognized that many statutes and
regulations must be met in order to achieve concurrence and make good project
decisions. Therefore, the following agencies will normally participate unless they
decline.
U. S. Army Corps of Engineers
Federal Highway Administration
North Carolina Department of Transportation
U. S. Environmental Protection Agency
U. S. Fish and Wildlife Service
North Carolina DENR, Division of Water Quality
North Carolina Wildlife Resources Commission
North Carolina Department of Cultural Resources
The following agencies will be requested to participate when a project is within
their respective geographic area:
North Carolina DENR, Division of Coastal Management (within the twenty
coastal counties)
Metropolitan Planning Organizations (MPO's) (in MPO areas)
National Park Service (in the vicinity of national parklands)
U. S. Coast Guard (Coast Guard permitted bridges)
U. S. Forest Service (in the vicinity of national forest property)
Tennessee Valley Authority (within TVA region)
U. S. Fish and Wildlife Service — Refuge (in the vicinity of federal refuges)
Eastern Band of Cherokee Nation-Tribal Historic Preservation Officer
North Carolina Division of Marine Fisheries and National Oceanic and
Atmospheric Administration (NOAA) (when there is any possibility that resources
under their jurisdiction are in the project
vicinity. Appendix B provides a list of
Coastal Plain counties where the NOAA and
NCDMF should be contacted to determine
their participation in projects in these
counties.)
Rural Planning Organizations (RPO's) may be invited to participate as advisory
members for projects within their geographical area. Advisory members will not
sign concurrence forms.
Each participating agency will develop protocol to determine which office or
individual of each agency will participate. NCDOT's representative on the Project
Team will be the Project Development Engineer. To represent NCDOT in all
areas of concern related to the natural and human environment, design and
safety considerations, a representative from the Office of Human Environment,
the Office of Natural Environment, the Design Engineers (Roadway Design,
Hydraulics, Structure, Geotechnical, etc), Construction Engineers, Transportation
Planning and the Division Office should also be invited to attend Project Team
meetings to provide technical information and input. (Each agency will determine
whom to invite to the meeting based on project issues.)
Concurrence Points and Project Phases
There are seven strategic decision (concurrence) points in the NEPA project
development and permitting process:
Purpose and Need and Study Area Defined: The foundation upon which
justification for the project is established.
2. Detailed Study Alternatives Carried Forward: Alternatives which satisfy the
purpose and need for the project. These alternatives will be studied and
evaluated in sufficient detail to ensure good transportation and permit
decision-making.
2A. Bridging Decisions and Alignment Review: Identification of bridge locations
and approximate lengths and a review of the preliminary alignment for each
alternative
3. LEPDA/Preferred Alternative Selection: The alternative selected as the
"least environmentally damaging practicable alternative" or LEDPA (NEPA
preferred alternative), through the project development and permitting
process.
4A. Avoidance and Minimization: A detailed, interdisciplinary and interagency
review to optimize the design and benefits of the project while reducing
environmental impacts to both the human and natural environment.
4B. 30 Percent Hydraulic Review: A review of the development of the drainage
design.
4C. Permit Drawings Review: A review of the completed permit drawings after
the hydraulic design is complete and prior to permit application.
Implementation Procedures:
Attached to this MOU are implementation procedures which provide detailed
information that have been developed to provide guidance for the Section 404/
NEPA Merger 01 Process (Merger 01 Process). These implementation
procedures have been developed for three basic types of projects as follows:_
♦ Process I- Proiects on New Location
♦ Process II - Widening and Other Improvement Projects
♦ Process III - Bridge Replacement Projects Processed as a Categorical
Exclusion
The guidance for each of these processes consists of a flow chart and detailed
guidance on how to complete each step of the flow chart. If there is doubt as to
which process to follow, the Project Team will decide which process to use.
Conflict or Dispute Resolution:
Concurrence at critical identified points in the project development and permitting
process is the key to the success of the Merger 01 Process. However, it is
recognized that there may be instances where the Project Team cannot reach
concurrence due to diverse agency missions, philosophical differences or policy
issues. If the team members of an agency or agencies cannot concur, the
approved guidance for conflict or dispute resolution will be initiated. See
Appendix C.
Modification:
Substantive changes to this process will require approval of all primary
signatories. Modification may be proposed by one or more signatories.
Proposals for modification will be circulated to all signatories for a 30-day review
period. Approval of such proposals will be indicated by written acceptance. A
signatory may terminate participation in this agreement upon 30-day written
notice to all other signatories.
Signatures:
The four agencies listed below as primary signatories are the process owners of
the Merger 01 Process. These agencies are the primary decision-making
authority with regard to NEPA and Section 404 permitting and are responsible for
conflict or dispute resolution.
The agencies listed as partnering signatories have a significant role as project
team members in the Merger 01 Process, and in some cases, may have a
statutory compliance role or regulatory function to fulfill. Nearly all of the listed
agencies are currently participating as project team members under the existing
Merger Process. In addition, many of the listed agencies have participated in
developing the Merger 01 Process procedures. By signing this document, these
agencies agree to participate and abide by the procedures described in the
Merger 01 Process. Such agreement does not compromise or eliminate
statutory or regulatory remedies available to the listed agencies (e.g. 404(q) or
(c)) nor does it circumvent statutory requirements that are mandated to specific
agencies. The intent of this agreement is to provide an interactive, predictable
process that allows agencies to address their statutory and regulatory
requirements during the development of transportation projects within the State
of North Carolina.
Primarv Sipnatories:
Colonel Charles R. Alexander, Jr., District Engineer Date
USACE, Wilmington District
Lyndo Tippett, Secretary
North Carolina Department of Transportation
John Sullivan, III, Division Administrator
FHWA, North Carolina Division
Date
Date
Bill Ross, Secretary Date
North Carolina Department of Environment and Natural Resources
6
Partnerin_q Sipnatories:
Date
U. S. Environmental Protection Agency
Date
U. S. Fish and Wildlife Service
Date
National Marine Fisheries Service
Date
North Carolina Wildlife Resources Commission
Date
North Carolina Department of Cultural Resources
Date
U. S. Coast Guard
Date
U. S. Forest Service
Date
Tennessee Valley Authority
National Park Service Date
Mer er 01
g
Screen i n Process
g
Rev. 10/6/04
Rev. 1 /6/04
Rev. 3/18/OS
Merqer 01 Screeninq Process
The screening process is applicable for TIP Projects that will have an
environmental document prepared by the Project Development and
Environmental Analysis Branch.
General
As stated in the MOU, the Section 404/NEPA Merger 01 Process will generally
apply to all new location projects and all projects that will likely require an
individual permit under Section 404 of the Clean Water Act. Additional guidance
is provided to assist in identifying specific projects that will follow this process.
It is recognized that there are substantial benefits in carrying projects through the
Merger 01 Process. The Merger 01 Process requires a high degree of
commitment of resources by the many agencies that are involved in the process.
Consultation between the USACE, FHWA, NCDENR, and NCDOT to determine
applicability is necessary and important.
The guidance listed below will be used in determination of projects to be moved
through the Merger 01 Process:
New location and wideninq projects:
Projects will be placed in the Merger 01 Process if an Individual Section
404 permit is likely.
If a Section 404 regional or nationwide permit is likely and the project
potentially impacts:
then:
Critical Water Supply Area or
Total Direct Impacts > one acre of wetlands or > 500 feet of stream
FHWA, USACE, NCDENR and NCDOT will consult prior to
scheduling the Concurrence Point No. 1 meeting to determine if the
project should be placed in the Merger. Other resource agencies
may be consulted for input as appropriate.
Bridqe Proiects
Question 1: Is the project a replace in-place (in existing right-of-way) only bridge
project?
If the only alternative under consideration is replace in-place with
off site detour, then no merger should be needed.
If not proceed
Question 2: Is an Individual Permit (IP) required from USACE?
If an IP is required, or is likely to be required due to potential project
impacts; then the NCDOT Rep. will consult with USACE, NCDENR,
and FHWA to determine if inerger is recommended.
Question 3: Does the project involve potential impacts to or involvement with
two or more of the following types of resources?
Wetlands
Buffer Rules
Water Supply Critical Areas
CAMA — Areas of Environmental Concern
T&E species present
Section 4(f)/Section 106
Environmental Justice
Unusually high level of public controversy
Unusually large number of relocations for project type
Compelling reason[s] to maintain traffic onsite
If so, NCDOT will consult with USACE. NCDENR, and FHWA to
determine if inerger is recommended.
Guidance for Applicabilitv Determination
The consultation between the FHWA, USACE, NCDOT, and NCDENR should
generally be a meeting so that all data can be reviewed including aerial
photography. Phone calls and e-mail may also be appropriate for certain level of
impacts that do not require a detailed review of data. In reviewing the potential
impacts of widening and new location projects, it is important to consider the
potential conflict of the important natural resources noted above with project
settings, intensity of impacts and important socio-economic (human) resources
such as Environmental Justice Communities, Section 4(f) properties, and
relocations. The need for detailed alternative analysis studies to avoid impacts to
these important resources and evaluate the conflict between resources should
determine the basis for applying the merger process to projects. The NCDOT
Project Development Engineer will document the results of this consultation and
provide copies to FHWA and USACE.
If the project team members for USACE, FHWA, NCDENR and NCDOT cannot
reach agreement, the decision will be referred to the USACE's NCDOT
Coordinator, FHWA's Operations Engineer, NCDENR Deputy Secretary or
designee, and NCDOT's Manager of the Project Development and
Environmental Analysis Branch for resolution.
Non-Merger Projects
For projects that do not go through the merger process, it is important to note
that NCDOT will still be fulfilling the avoidance and minimization requirements.
Resource agencies will have the opportunity to review these projects through the
normal NEPA and permitting process when the EA is circulated for comments or
when the CE is signed. Additionally, for projects designated by the USACE,
FHWA, NCDENR and NCDOT, NCDOT will hold a meeting with appropriate
agencies to obtain their input on the adequacy of the avoidance and minimization
measures achieved, prior to circulating the EA for comments or when the CE is
signed.
If information becomes available on a non-merger project that warrants it being
considered for placement in the merger process, USACE, FHWA, NCDENR, and
NCDOT will meet to determine if it should be placed in the merger and at what
point based on the project status.
Proiects in Merqer
As the project development advances and more detailed information becomes
available, it may be possible to determine that a project in the merger does not
need to remain in the merger. At each concurrence meeting, the Project Team
should evaluate the need for the project to stay in the merger process. If these
agencies agree, the project may be dropped from the merger. The final decision
to remove a project from the merger process rests with NCDOT, NCDENR,
USACE, and FHWA. The project development engineer will document the results
of the consultation and provide copies to all project team members.
P rocess I :
P ro' e cts o n
J
New Location
Rev. 10-20-04
Rev. 12-22-04
Rev. 3-18-05
Process I- Projects on New Location
General
A process flow chart that outlines the Section 404/NEPA Merger 01 Process
(Merger 01 Process) for projects on new location is attached (Process I). This
flow chart depicts the major milestones in the process but it does not include all
of the many activities that NCDOT must complete in the project development
process. These other activities will be completed by NCDOT and input provided
into the merger process at the appropriate time. For example, public involvement
is a critical component of the project development activities and will be ongoing
throughout the process. Information developed through public involvement will
be made available to Project Team members for consideration in the decision
making process.
Project Team Meetings
Team meetings will be held at each of the concurrence points in the Process.
Additional meetings may be held as determined necessary by the Project Teams.
NCDOT's Project Development Engineer should coordinate closely with the
appropriate USACE, FHWA, and NCDENR team members in scheduling any
meetings and clearly defining the purpose of the upcoming meeting. The Project
Development Engineer or Hydraulics Project Engineer will send the package of
information for the meeting to team members so that they will have it in hand at
least two weeks prior to the meeting. The transmittal to each team member
should clearly state the purpose and objective of the meeting. This will allow
team members time to review the information and be prepared to discuss any
issues or concerns they have at the meeting. Appendix A provides guidance on
information to be presented at each concurrence meeting.
At the end of each meeting, the Project Development Engineer or Hydraulics
Project Engineer, with the team's help, will summarize the results of the meeting,
including agreements or concurrence points achieved. If agreement or
concurrence is not obtained, the next steps or action items should be clearly
identified. If additional information or action is required, the type of information
or action needed and the responsible agency(ies) or team member(s) should be
clearly noted.
The Project Development Engineer is responsible for preparing a summary of all
meetings for distribution to all team members, except the summary for the 4B
and 4C Concurrence meetings that will be completed by the Hydraulics Project
Engineer. Each team member will read the meeting summary that includes
issues agreed upon, outstanding issues, and action statements (next steps)
carefully to ensure accuracy of the project records. Substantive errors and
omissions will be identified and provided within 30 days to the Project
Development Engineer or Hydraulics Project Engineer for prompt resolution.
On-site project field reviews can be very beneficial in helping to understand a
project's purpose and need, human and natural environmental features and
alternative analysis. Project Teams are encouraged to hold combined field
reviews/meetings as needed to assist in the decision making process.
Step by Step Implementation Procedures
The following discussion is intended to provide more detailed guidance and
explanation on the various steps and concurrence points in the attached flow
chart. The numbered paragraphs correspond to steps or blocks in the chart.
1. Initiation of Project Study
NCDOT will begin the project study by gathering background data and
information and sending out the project scoping letter and/or start of study letter.
This letter initiates the project's concept and solicits input from federal and state
agencies (including the State Clearinghouse), local government agencies, the
public, and other NCDOT units and branches. The level of detail provided in
these letters includes a TIP description and a vicinity map.
2. Data Collection
The Project Development Engineer will collect all available information, including
aerial photography (orthophotographs), and background data needed to hold a
project scoping meeting, as identified by responses to the scoping letter and
standard requirements.
3. Develop Project Team
The Project Development Engineer will consult with the appropriate USACE,
NCDENR and FHWA representative to identify specific Project Team members.
NCDOT will provide written verification of team members to all the team
members. If an agency declines to participate on the team, their decision will be
documented in writing to NCDOT, NCDENR, USACE and FHWA. If an agency
drops from the Project Team during the process, their self-removal will also be
documented in writing.
4. Projecf Scoping
The Project Scoping Meeting is held by NCDOT to discuss background data,
preliminary purpose and need, engineering and environmental inventories, the
proposed scope of the project, and potential substantial project issues.
Resource agencies will be invited to attend and provide input. Agencies should
provide written input in response to the scoping letter or attend the scoping
meeting.
In lieu of a scoping meeting, a formal start of study meeting may be held on
projects that the Project Development Engineer concludes that a formal meeting
will expedite the project. This meeting will include all NCDOT Branches and
Units responsible or participating in project development activities and local
government representatives having an interest in the project. Resource agencies
will be invited to attend and provide input. _
The purpose of this meeting is to share information regarding anticipated
economic and transportation benefits and/or adverse impacts to the community,
and known human and natural environmental constraints. The meeting will also
provide local government representatives an opportunity to provide input into the
project scope.
At the project scoping meeting, NCDOT will provide the proposed project
schedule. The meeting attendees will present any issues that may impact the
proposed schedule. Needed revisions to the project schedule will be identified
and adjusted appropriately by NCDOT.
5. Notice of Intent
If NCDOT and FHWA determine an EIS should be prepared, a Notice of Intent
will be filed in the Federal Register. If it is not clear at this point that potential
project impacts warrant an EIS, the decision to prepare a Notice of Intent may be
delayed until step 12 when more information is available.
6. Develop Purpose and Need (P & N)
Transportation Planning provides a Planning Level Purpose and Need for each
project that was developed during the systems planning process to the Project
Development Engineer. In cases where Transportation Planning does not have
personnel assigned to a particular area, the Project Development Engineer will
develop a draft Purpose and Need. Also, additional engineering and
environmental inventory data may be obtained for use in further developing and
refining the Purpose and Need for a project. The type of information and level of
detail collected must be determined for each project and could include
information such as the following:
♦ Preliminary limits of the study area
♦ Existing traffic and future no-build average daily traffic
♦ Roadway geometric deficiencies and accident history
♦ Transportation plans
♦ Land use plans
♦ Areas of interest to local citizens and elected officials
♦ Legislative mandates
♦ Economic initiatives
♦ Intermodal relationships, including bicycle/pedestrian systems, transit (rail
and bus), port facilities and airport facilities
♦ Project history and background information including feasibility studies
and community issues
♦ Highway Needs Inventory (HNI) status
♦ GIS Mapping
♦ Aerial Photography
♦ Other readily available information
7. Concurrence Point 1- Purpose and Need and Study Area Defined
The Purpose and Need (P & N) Statement forms the basis for identification of
alternatives to be evaluated. Therefore, concurrence will be obtained on the
Purpose and Need before potential alternatives are identified. NCDOT will
prepare a draft Purpose and Need Statement, along with supporting technical
documentation. The P& N information package will be sent to team members so
that they will receive it at least two weeks prior to the team meeting. The
supporting technical information will include a GIS map of the study area and a
summary of any information or comments from the public concerning purpose
and need and community concerns. This statement should clearly demonstrate
that a"need" exists and should define the "need" in terms understandable to the
general public. The statement should clearly describe the problems that the
proposed action is to correct.
A team meeting will be held to discuss the draft P& N Statement and Study Area
along with supporting data. Team members will review the information prior to
the meeting and be prepared to discuss any concerns. At the meeting, the
NCDOT Project Development Engineer will provide GIS level mapping of the
Study Area and aerial photography (orthophotography). Also, any other readily
available information will be presented for the team's information. The Study
Area may need to be expanded to accommodate environmental features. Also, it
may be necessary to conduct more than one meeting on Purpose and Need if
additional information is needed to define the Project Study Area. The goal of the
meeting is for team members to concur with and sign the Purpose and Need and
Study Area concurrence form.
NCDOT will provide the current schedule. Any changes made to the schedule
since the last concurrence meeting will be presented along with the reasons for
the change. The meeting attendees will present any issues that may impact the
project schedule. Needed revisions to the project schedule will be identified and
adjusted appropriately by NCDOT.
If concerns are raised at the team meeting, which require additional
documentation or revisions to the P& N Statement, the NCDOT will incorporate
the additions or revisions and redistribute the P and N Statement for concurrence
or comment. This will be done prior to the follow-up Concurrence Point 1 meeting
or as soon as possible if it is determined that a second meeting is not required.
8. Environmental Features Map
After Purpose and Need and Study Area concurrence has been obtained,
NCDOT, with consultation from the agencies, will develop an environmental
features map illustrating resource areas of concern as well as topographic or
photogrammetric mapping. The purpose of this mapping is to provide a means
for identifying alternatives that warrant study on a screening level basis. Such
features on the mapping will include but are not limited to:
♦ Infrastructure and topography
♦ Community features (i.e., boundaries, schools, churches, community centers,
hospitals, transit dependent populations, demographics, etc.
♦ Floodplains
♦ Historic properties and possible areas of archaeological concern
♦ Wetlands, streams, buffers, river basins, and water supply watersheds
(GIS level information)
♦ Wildlife refuges and game lands
♦ Recreational areas and parks
♦ Hazardous material sites
♦ Existing land use map and locally adopted land use plan
� Threatened and Endangered Species information
♦ Significant Natural Heritage Program Areas
♦ Identify utilities within project study area using best available information
5
Based on the environmental features map, the study area may be re-confirmed.
Generally, the study area will not be redefined unless new information
necessitates re-evaluation
9. Alternative Corridors Development, Functional Design and Citizens
Information Workshop (CIVI�
The NCDOT Project Development Engineer and the Design Engineer will identify
preliminary corridors that address the Purpose and Need for the project and
consider the environmental constraints within the study area. The Design
Engineers will prepare functional designs for each preliminary corridor that is
considered. A functional design is a very general design that includes horizontal
and vertical alignments, edge of pavements, slope stakes, and right of way limits
for all alignments and interchanges. No turn lanes or superelevation are added
at this stage. This design is done on orthophotographs.
After identification of the preliminary corridors, the NCDOT will hold a Citizens
Informational Workshop (CIW) or conduct other public involvement to present the
Project Purpose and Need for the project and preliminary corridors that are
identified. Project Team members are encouraged to attend and participate in
these workshops to fully understand public concerns and issues. A file
memorandum will be prepared by the Project Development Engineer to
summarize and document public input and it will be included as part of the
informational package for team members. The Project Team will consider the
comments received at the CIW in selecting alternatives to be studied further.
Any additional corridors recommended by the public will be considered by
NCDOT and presented to the Project Team as appropriate.
10. Alternative Development, Analysis, and Screening Meetings
Prior to the first Project Team meeting on alternatives, the Project Development
Engineer will send team members a copy of a draft Preliminary Alternative
Analysis Report, which includes the summary of public input. At the meeting on
alternatives, team members should be prepared to discuss the alternatives and,
if appropriate, suggest modifications to NCDOT's preliminary conceptual
alternatives and/or recommend additional alternatives. Also, team members may
♦ Identify specific or additional environmental resources that are important
♦ Recommend any additional alternatives/studies necessary
NCDOT will prepare detailed minutes of the meeting. It is recognized that one or
more team meetings may be necessary to develop, analyze and screen
alternatives to satisfy every agency's needs. Team member comments will be
noted in minutes of the meeting prepared by the Project Development Engineer.
Prior to the Project Team meeting for Concurrence Point 2(Detailed Study
Alternatives Carried Forward), the Preliminary Alternatives Report will be
completed and distributed to the Project Team members. The report will identify
all the alternatives considered during the preliminary alternatives phase of the
project and provide justification for those alternatives recommended for
elimination from further consideration. The decision to eliminate alternatives
must be made jointly by the team members. No alternatives will be eliminated
without the concurrence of each member of the Project Team. The rationale for
eliminating alternatives from further consideration will be documented by the
Project Development Engineer.
If no additional alternatives or studies are requested, the team may proceed
directly to step 11(Concurrence Point 2).
11. Concurrence Point 2— Detailed Study Alternatives Carried Forward
(DSA)
The intent of the Concurrence Point 2 meeting is to obtain consensus from the
Project Team on which corridors will be fully evaluated as alternatives, including
the "no build" alternative, in the environmental document. The alternatives
selected must meet the purpose and need of the project with the exception of the
"no build" alternative.
The Project Team will strive to reach agreement on alternatives that meet the
Purpose and Need and include all alternatives that should be evaluated in detail
in the environmental document to fulfill NEPA and Section 404 requirements.
Concurrence by the Project Team on detailed study alternatives to be included in
the draft document, as part of the NEPA and NCEPA process and corresponding
Section 404 Permit Public Notice, is not a commitment on the part of the
regulatory agency to permit any of the alternatives nor is it a commitment for the
engineers to seal any alternative. Rather, it is for the purpose of obtaining public
and agency comments on the merits of each alternative for consideration by the
decision-makers in the selection of the Least Environmentally Damaging
Practicable Alternative (LEPDA)/Preferred Alternative.
At the Project Team meeting, the following topics will be discussed and
documented in the meeting minutes:
♦ The rationale for retaining or dropping preliminary conceptual alternatives
♦ The level of involvement of other agencies and interested parties (i.e.,
Coast Guard, local agencies, Section 106 consulting parties, etc.), as well
as their comments (if any) on the project
♦ Type of access control (may be discussed earlier in process if implicit in
purpose and need)
The NCDOT will request formal concurrence at this meeting by asking team
members to sign the Concurrence Point 2 form. The signatures indicate that the
team member's comments on the Preliminary Alternatives Report were
adequately addressed and no new issues were raised during the meeting. If
additional documentation or revisions to the report are necessary, the NCDOT
will incorporate the additions or revisions and redistribute the report. If
necessary, an additional team meeting will be scheduled to resolve outstanding
concerns. Once concurrence is reached, no new alternatives will be added
unless there is significant new information, or significant changes to the project,
the environment, constructability, or laws and regulations.
NCDOT will provide the current schedule. Any changes made to the schedule
since the last concurrence meeting will be presented along with the reasons for
the change. The meeting attendees will present any issues that may impact the
project schedule Needed revisions to the project schedule will be identified and
adjusted appropriately by NCDOT.
12. Environmenfal Ana/yses and Preliminary Design of Detailed Study
Alternatives
After the detailed study alternatives are selected, the potentially impacted human
and natural resources, including wetland and stream delineations will be
identified for each alternative. NCDCM's GIS-based wetland inventory mapping
program should be used to help identify wetland significance. The Project
Development Engineer, in coordination with the Office of Natural Environment,
will determine if there are resources that will require bridging decisions at Step
13, Concurrence Point 2A, and if so, will invite the Project Team members to
attend an agency field review meeting. Also, if appropriate, an agency field
review meeting will be held to:
♦ Verify jurisdictional wetland and stream boundaries. The USACE will provide
written jurisdictional verifications immediately after the field review meeting
♦ Review any potential mitigation sites that may be noted during the delineation
effort and coordinate with Ecosystem Enhancement Program (EEP)
♦ Review potential bridging decisions, if applicable
After receipt of the delineations and necessary preliminary mapping, the Design
Engineer will begin to develop the preliminary designs for each alternative. The
preliminary design is a very specific design that includes horizontal and vertical
alignments, edge of pavements, slope stakes, turn lanes, superelevation, and
right of way revisions. This design is done on preliminary mapping.
During the development of the design, care will be taken to avoid and minimize
impacts to the natural and human environment based on information provided by
the appropriate units in NCDOT.
Where it is not practicable to avoid impacts, minimization measures will be
employed using context sensitive design and other means to fit the project within
the study area. The Design Engineer will coordinate the preliminary design for
each detailed study alternative with the Utility Sections. The Utility Sections will
identify areas where any known utilities are impacted.
13. Concurrence Point 2A — Bridging Decisions and Alignment Review
After the preliminary designs are complete, impacts based on project footprint will
be identified and quantified. At this time, the preliminary designs will include any
recommended control of access that will be acquired for the project. The control
of access limits are needed so it can be reflected in right of way estimates,
shown to the public and for the Project Team's review. In addition, potential
service road locations and potential utility impacts are identified so the impacts
can be included in the comparison of the project alternatives.
Using the hydraulic recommendations and all available environmental
information, the Project Team will determine the placement and length of bridges.
In addition, a review will be made to determine which natural resources warrant
additional avoidance measures. The bridge locations and approximate lengths
will be identified on each alternative. —
A concurrence meeting will be held to gain concurrence for all bridge locations
and lengths. At this point identification of any changes to the preliminary design
that might be needed before finalization of the preliminary engineering and
completion of the environmental document should be addressed. All team
members will be asked to sign a concurrence form at the meeting to signify that
they agree with the bridge locations and approximate lengths. After the bridge
locations are determined, an updated construction cost estimate and summary of
impacts for each alternative will be developed. This information will be provided
for each alternative within the Draft EIS or EA. In order to develop accurate cost
estimates, where appropriate (such as habitat fragmentation), additional
avoidance and minimization techniques that carry high monetary costs, such as
wildlife crossings and retaining walls, will also be identified.
During the Concurrence Point 2A meeting, the Project Team will discuss which
federal, state, and local environmental statutes and regulations may apply to
each of the detailed study alternatives. Within NCDOT, the Office of the Natural
Environment (ONE) is responsible for ensuring that the specific required steps
are followed for each of the environmental permits, certifications, consultations,
reviews and determinations that may be required throughout the project's life.
The Hydraulics Unit will ensure that FEMA flood insurance program regulations
are followed where applicable.
NCDOT will provide the current schedule. Any changes made to the schedule
since the last concurrence meeting will be presented along with the reasons for
the change. The meeting attendees will present any issues that may impact the
project schedule.
Needed revisions to the project schedule will be identified and adjusted
appropriately by NCDOT.
Upon reaching this concurrence point, the Project Development Engineer will
document all avoidance and minimization to all resources that has been achieved
to this point in project development. This information will be provided to the
Project Team and to ONE for inclusion in the updated permit application. Also,
the Project Development Engineer will notify the Ecosystem Enhancement
Program (EEP) of the worst-case preliminary design impacts.
14. Prepare Draft EIS/EA, Conceptual Mitigation Proposal and Section 404
Application
The environmental document will be completed according to NEPA and an
identification of impacts will be made for each of the alternatives that are studied
in detail. There will be a discussion of why preliminary alternatives were
eliminated.
NCDOT will address potential on-site compensatory mitigation options. For
potential on-site mitigation sites, NCDOT ONE will prepare a feasibility study that
includes an environmental evaluation that identifies historic resources,
threatened and endangered species, parks, community issues, etc. NCDOT
ONE may arrange an agency field meeting to review any potential on-site
mitigation opportunities, discuss the environmental evaluation results, and
determine which sites are acceptable to the agencies.
Pursuant to the Memorandum of Agreement among the NCDOT, NCDENR, and
USACE signed July 22, 2002, the Ecosystem Enhancement Program (EEP) will
provide all compensatory mitigation that is not satisfied by acceptable on-site
mitigation. Preliminary determinations about the Federal, state, and local
environmental statutes and regulations that may apply to each of the detailed
study alternatives will be included within the environmental document. If the
project is within a CAMA county(ies), then potentially relevant CAMA land use
plan policies that may apply to each detailed study alternative will also be
included within the draft environmental document.
All information produced in previous studies will be incorporated in an
environmental document.
The FHWA and NCDOT will review the preliminary environmental document for
adequacy as it relates to NEPA requirements. NCDOT will revise the
environmental document based on these comments or consult further with
FHWA to resolve issues.
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The NEPA document shall develop an analysis of secondary/indirect and
cumulative impacts of sufficient scope and detail to fulfill all NEPA requirements.
In addition, the analysis should be developed, in concurrence with current
policies and procedures, to a level of detail sufficient to make decisions required
by all other state and Federal laws, statutes, rules, and regulations.
15. /ssue DEIS/EA and Submit Section 404 Application
NCDOT and FHWA will sign the title page of the environmental document (DEIS
or EA) prior to NCDOT circulating it. NCDOT will submit the Section 404 permit
application to the USACE at the time of document approval. NCDOT will also
provide the USACE with a mailing list developed in the public involvement
process that includes adjacent property owners and mailing labels. The
environmental document will be distributed to federal agencies, State
Clearinghouse, and local agencies and organizations for review and comment.
After issuance of the environmental document, an interagency field review will
be made unless the Project Team determines otherwise. The purpose of this
meeting is for team members to review alternatives in the field prior to the
Concurrence Point 3 meeting; however, it may not be necessary if team
members have reviewed alternatives in the field previously.
16. Notice of Availability and Section 404 Public Notice
The USACE will issue a Section 404 Public Notice, if appropriate. The
environmental document and Public Notice are made available for public and
agency comment for the prescribed time frames. NCDOT should consult with the
USACE, NCDOT board members, and other interested parties to set the public
hearing date. Once the date is set, the USACE should be immediately notified of
location, time and place. NCDOT will publicize the public hearing.
17. Corridor/Design Public Hearing
NCDOT will hold the Corridor/Design Public Hearing. Project Team members
are encouraged to attend the public hearing to fully understand the public
concerns. The USACE and other Project Team members will be invited to attend
the public hearing.
18.Agency and Public Comment Period
The public may submit written comments to NCDOT, FHWA and/or the USACE
after, the public hearing. Also, agency and public comments on the
environmental document should be submitted to FHWA and NCDOT and the
Section 404 Public Notice comments should be sent to the USACE. The
agencies will format their letters to identify which comments are pertinent to the
selection of the LEDPA/Preferred Alternative.
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NCDOT will adequately address those specific comments prior to selection of the
Least Environmentally Damaging Practicable Alternative (LEDPA)/Preferred
Alternative and distribute their responses within the information material for the
Concurrence Point 3 meeting.
19. Posf Hearing Meeting and Resolve Comments
Following the comment periods, NCDOT will review and summarize the
comments received from the document review and public hearing process. The
USACE will forward the comments on the Section 404 Public Notice for inclusion
in the summary. NCDOT will then hold a post-hearing meeting. Project Team
members are invited to attend this meeting. The purpose of this meeting is to
evaluate all substantive comments received and determine if any additional
studies or changes are needed to properly address issues that have been
raised. Any additional work or studies to resolve comments will be completed by
NCDOT. All agency comments on the environmental document and Section 404
Public Notice that affect the selection of the LEDPA/Preferred Alternative will be
addressed and appropriate information or responses prepared prior to the
Concurrence Point 3 meeting.
20. Concurrence Point 3— LEDPA/Preferred Alternative Selection
A Project Team meeting will be held to determine the Least Environmentally
Damaging Practicable Alternative (LEDPA) [Preferred Alternative under NEPA].
The Project Development Engineer will send the package of information for the
meeting to Project Team members so they will have it in hand at least two weeks
prior to the meeting. The package will include a matrix (for example, summary
information from DEIS) illustrating a comparison of impacts for the detailed study
alternatives and a brief summary of previous Project Team decisions. The
package will also include a summary of substantive comments received from
agencies and the public and how these comments were addressed.
When all substantive comments relative to the LEDPA/Preferred Alternative
selection submitted by the agencies during the environmental document review
and the public hearing/public notice commenting period have been adequately
addressed and no new issues have been identified, the Project Team will select
a LEDPA/Preferred Alternative. At the time it is selected, Project Team members
will be reasonably certain that the LEDPA/Preferred Alternative will comply with
all relevant regulations and permit requirements, is safe, and can be authorized.
Project Team members in agreement with the LEDPA/Preferred Alternative will
provide their formal concurrence at this meeting by signing the Concurrence
Point 3 form.
During the Concurrence Point 3 meeting, the Project Team will confirm the
preliminary determination made during the Concurrence Point 2A meeting about
the federal, state, and local environmental statutes and regulations that may
apply to the LEDPA/Preferred Alternative.
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This confirmation is required due to changes that may have occurred in the
project design and/or in the statutes and regulations since the preliminary
determination was made during the Concurrence Point 2A meeting. Within
NCDOT, the Office of the Natural Environment (ONE) is responsible for ensuring
that the specific required steps are followed for each of the environmental
permits, certifications, consultations, reviews and determinations that may be
required throughout the project's life. The Hydraulics Unit will ensure that FEMA
flood insurance program regulations are followed where applicable.
NCDOT will provide the current schedule. Any changes made to the schedule
since the last concurrence meeting will be presented along with the reasons for
the change. The meeting attendees will present any issues that may impact the
project schedule. Needed revisions to the project schedule will be identified and
adjusted appropriately by NCDOT.
The public will be notified of the selection of the LEDPA/Preferred Alternative via
newsletter, news release or other means determined satisfactory by NCDOT
policy.
21. Concurrence Point 4 A— Avoidance and Minimization
Following selection of the LEDPA/Preferred Alternative, a Project Team meeting
will be held to discuss additional avoidance and minimization efforts not included
in the preliminary design during the alternative analysis phase of the project.
This concurrence point should address issues such as alignment shifts,
horizontal and vertical alignment, slopes, construction techniques In addition,
service road locations should be reviewed for avoidance and minimization and
utility relocations should be reviewed for minimization.
For projects where bridge length and location were not previously agreed to, a
decision on these parameters will be included in the Concurrence Point 4A
meeting. Upon agreement that project jurisdictional impacts have been avoided
and minimized to the maximum extent practicable based on current information
and design available at that time, the Project Team members will sign the
Concurrence Point 4A form. When avoiding and minimizing jurisdictional
resource impacts, other resources will be considered.
It should be recognized that additional minimization may be achieved during the
final design process with more precise mapping, including the project hydraulic
design (Concurrence Points 4B and 4C). Upon reaching Concurrence Point 4A,
the Project Development Engineer will document all avoidance and minimization
that has been achieved to this point in project development. This information will
be provided to the Project Team and to the Office of Natural Environment for
inclusion in the updated Section 404 permit application.
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NCDOT will provide the current schedule. Any changes made to the schedule
since the last concurrence meeting will be presented along with the reasons for
the change. The meeting attendees will present any issues that may impact the
project schedule. Needed revisions to the project schedule will be identified and
adjusted appropriately by NCDOT.
22. Prepare Final EIS or FONSI
NCDOT/FHWA will prepare the Final EIS or FONSI. The Final EIS or FONSI will
discuss the rationale behind the selection of the LEDPA/Preferred Alternative. It
is not necessary to complete Concurrence Point 4A prior to the completion of the
Final EIS or FONSI. However, any additional avoidance and minimization
measures that have been identified or incorporated up to that point in the project
development should be included in the Final EIS or FONSI. The FHWA and
NCDOT will review the final environmental document for adequacy as it relates to
NEPA requirements. NCDOT will revise the environmental document based on
these comments or consult further with the FHWA to resolve issues. The final
environmental document will include all environmental commitments and the
mitigation plan to address all resources, such as wetlands, streams, Section 106,
Section 4(f), public access, etc.—
Preliminary determinations about the federal, state, and local environmental
statutes and regulations that may apply to the LEDPA/Preferred Alternative will
be included within the final environmental document. If the project is within a
CAMA county(ies), then potentially relevant CAMA land use plan policies that
may apply to the LEDPA/Preferred Alternative will also be included within the
final environmental document.
23. Issue Final EIS or FONSI
NCDOT and FHWA will sign the title page of the final environmental document
(FEIS or FONSI) prior to distribution by NCDOT. If FHWA expects to issue a
FONSI for a highway project of four or more lanes on new location or a new
controlled access freeway, copies of the EA shall be made available for public
review for a minimum of 30 days before FHWA makes its final decision.
NCDOT's Citizens Participation Unit will announce this public availability by a
notice similar to a public hearing notice. The environmental document will be
distributed to federal agencies, State Clearinghouse, and local agencies and
organizations for review and comment.
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24. Agency and Public Comment Period
The agencies and the public may submit written comments to NCDOT and
FHWA concerning the FEIS or FONSI document. In consultation with FHWA,
NCDOT will respond directly to the commenting agencies concerning comments
received on a FONSI. Comments received on a FEIS will be addressed in the
ROD with copies provided to the commenting agency.
25. Prepare and Issue Record of Decision (ROD)(EIS Projects)
FHWA will issue the ROD. The ROD will address any comments received on the
FEIS. A Notice of availability will be issued by NCDOT.
26. Design Public Hearing or Public Information Meeting
A corridor/design public hearing was held after the Draft Environmental Impact
Statement (Draft EIS) or the Environmental Assessment (EA) was completed.
Because there was not a selected alternative presented to the public during the
corridor/design public hearing, another hearing or citizens' informational
workshop will be held to display the selected alternative and to review any
changes that were made within the design during the remainder of the NEPA
process. This meeting should be held prior to the project being sent to right of
way. Comments from the public will be reviewed to determine any needed
changes. Changes requested from the public and accepted by the Project Team,
if necessary, will be incorporated into the design prior to completion of right of
way plans.
(For phased projects p/ease refer to text at the end of this document.)
27. Develop Right of Way Plans for the Project
After selection of the LEDPA/Preferred Alternative, the Location and Surveys
Unit and the Photogrammetry Unit perform the final surveys and deliver the plan
sheet mapping needed for the development of the right of way and final plans.
Upon receiving the plan sheets, the design engineers begin to develop the right
of way plans for the project. After the design engineers complete the horizontal
and vertical alignment for the roadway, the Utility Sections will review the
horizontal and vertical alignment and will coordinate with the Hydraulics Unit
regarding the utility locations. The Hydraulics Unit begins the development of the
proposed drainage design and the Geotechnical Engineering Unit begins the
detailed geotechnical investigations for the project. (The Design Engineers will
develop the right of way plans following the alignment that was agreed upon at
Concurrence Point 4A).
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28. Concurrence Point 4B — 30 Percent Hydraulic Review
At the time the hydraulic design for the project is 30 percent complete, the
Hydraulics Project Engineer will hold a Concurrence Point 4B meeting to review
the development of the drainage design. All appropriate Project Team members
should attend (USACE and NCDWQ attendance is mandatory. If the project is
within a CAMA county(ies), NCDCM attendance is mandatory). If a project
requires a State Stormwater Management Permit, the Hydraulics Project
Engineer will work with the NCDWQ Stormwater Management Section to obtain
the permit and report its progress to the team members. The Hydraulics Project
Engineer will provide the package of information to team members so that they
receive it two weeks in advance of the meeting.
Also, before the Concurrence Point 4B meeting is held, the Hydraulics Project
Engineer will consult with the ONE staff to ensure that the environmental surveys
(wetlands, threatened and endangered species, streams, and buffer) for each
project is complete and current.
At the 4B meeting, the Hydraulics Project engineer will present preliminary
drainage designs to the team members. The drainage plans will depict the
boundaries of the affected environmental areas (wetlands, perennial and
intermittent streams, buffers, Coastal Area Management Act Areas of
Environmental Concern (CAMA AEC's), etc.), existing draining structures, layout
of proposed drainage structures, and stormwater best management devices.
Large structures such as bridges and box culverts will also be discussed.
The Hydraulics Unit will take notes of comments received during the meeting.
The Hydraulics Unit will distribute meeting minutes, which will include how
comments will be addressed. Also, the meeting minutes will identify onsite
mitigation opportunities that will be incorporated into the project design as
appropriate.
It is understood minor vertical changes may be needed due to hydraulic needs.
If vertical changes do occur that result in additional environmental impacts, minor
horizontal adjustments in alignment may be appropriate.
NCDOT will provide the current schedule. Any changes made to the schedule
since the last concurrence meeting will be presented along with the reasons for
the change. The meeting attendees will present any issues that may impact the
project schedule. Needed revisions to the project schedule will be identified and
adjusted appropriately by NCDOT.
�
29. Complete Right of Way Plans for the Project
Upon receiving the completed hydraulic design for the project, NCDOT Design
Engineers incorporate the hydraulic design, locate any remaining service road
locations, and establish the proposed right of way limits for the project. The
Structure Design Engineers begin to develop the designs for bridges and
culverts. The Utility Sections will begin to coordinate the determination of the
utility conflicts and the development of the utility relocation preliminary designs
with the Utility owners and the Design Engineers. The project is then reviewed
with construction and right of way personnel to note any additional changes that
may be required. The right of way plans are completed and sent to the Right of
Way Branch to begin purchase of land required for the project.
30. NCDCM On-Site Pre-Application Meeting
For projects within a CAMA County (ies) that require a CAMA major permit, the
NCDOT Office of Natural Environment Permit Specialist will request an on-site
pre-application meeting with the appropriate NCDCM Field Representative. The
purpose of this meeting is to review the plans and/or permit drawings and
information that will be submitted with the CAMA permit application. This will
ensure that when the CAMA major permit application is formally submitted, it
contains all of the information necessary for processing. The purpose of this
meeting is not to make changes to the project design, construction methodology
or construction timeframe. However, if any potential changes to the project are
identified at the on-site pre-application meeting, then they will be discussed with
the full Project Team at the Concurrence Point 4C meeting prior to approval.
31. Concurrence Point 4C — Permit Drawings Review
At the time the hydraulic design is 100 percent complete and the permit drawings
for the project are finalized, the Hydraulics Unit will hold a Concurrence Point 4C
meeting. At the Concurrence Point 4C meeting, the Hydraulics Project Engineer
will present copies of the Stormwater Management Plan to the Project Team
members. A Stormwater Management Plan is a narrative, project-specific,
Stormwater Design Report. It outlines project involvement, river basins,
classifications of the involved water bodies, selected structural and non-structural
best management practices, best management practice devices, and major
structures (bridges and box culverts). The final permit drawings for the permit
application will also be reviewed and revised based on comments received at this
meeting.
Any area where utility relocations affect additional environmental resources
beyond the footprint of the roadway will be shown on the permit drawings and will
be included in the impacts presented in the application.
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In addition, if the project is within a CAMA county(ies) and a CAMA Major permit
is required, then all utility relocations that are not included in the permit drawings
will be described within the CAMA Major Permit application either in narrative
form or in a separate spreadsheet. The level of detail of utility relocation
information required within the CAMA major permit application will be determined
on a project-by-project basis at the NCDCM on-site pre-application meeting.
The Hydraulics Engineer will record minutes of the meeting and will address the
team's comments. Changes will be made based on the team's comments. The
changes will be made in the permit drawings before the permit application is
sent. The Concurrence Form indicates that the Project Team agrees that the
drawings as presented are satisfactory to be submitted with the application.
(This does not supercede the regulatory review process.)
After the changes are incorporated, the Hydraulics Engineer will ask for a
signature of the Concurrence Form. The Concurrence Form will be detailed
enough to document and identify changes. Any changes to impacts to wetlands,
streams, buffers, or AEC's that occur after the 4C document is signed will require
the resource agencies to revisit the design, and may require a new 4C meeting.
The NCDOT Permit Specialist will contact the agencies via e-mail, letter, phone
call or scheduling a meeting as appropriate to facilitate review of these changes.
NCDOT will provide the current schedule. Any changes made to the schedule
since the last concurrence meeting will be presented along with the reasons for
the change. The meeting attendees will present any issues that may impact the
project schedule. Needed revisions to the project schedule will be identified and
adjusted appropriately by NCDOT.
32. Compensatory mitigation requirements
Compensatory mitigation requirements will be identified based on final project
impacts.
In those events where on-site mitigation opportunities are available and
determined acceptable and/or necessary by the Project Team, the mitigation plan
and design will be developed in concert with the overall project design. Removal
of existing causeway fills is strongly encouraged to offset project impacts and/or
create mitigation credits for future project impacts. The on-site mitigation will be
developed and implemented by NCDOT in collaboration with the Project Team
and EEP. Under no circumstances will the project be permitted until such time
that the detailed on-site mitigation plan is complete and approved by the
permitting agencies. Pursuant to the Memorandum of Agreement among the
NCDOT, NCDENR, and USACE, signed July 22, 2002, the Ecosystem
Enhancement Program (EEP) will provide all compensatory mitigation that is not
satisfied by acceptable on-site mitigation.
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33. Submit Updated Permif Application
The Office of Natural Environment Permit Specialist submits updated permit
application(s) as appropriate to all of the agencies for which permits are required.
Permit application(s) will be submitted within approximately two months after the
4C meeting. The permit application package will vary according to each
agencies specific requirements.
34. Permit Applicafion Review and Processing
Upon receiving the permit application from NCDOT, the permitting agency(ies)
will review the application for completeness. If the permit application is
determined to be incomplete, the permitting agency(ies) will return the application
to NCDOT for additional information, and/or inform NCDOT of the additional
information that is required.
After the permitting agency (ies) determine that the permit application is
complete, the permitting agency (ies) will assemble and distribute the application
package for comment to any designated review agencies. This process varies
according to the permit being requested.
If the permit application is found to be incomplete or inaccurate after processing
has begun, or if additional information from NCDOT is necessary to adequately
assess the project, the permitting agency(ies) that have permit processing
deadlines may place an application on hold. NCDOT may also request in writing
that its permit application be placed on hold at any time. If the permit application
is placed on hold by the permitting agency(ies), the processing shall be resumed
upon receipt of the necessary changes or necessary information from NCDOT. If
NCDOT requested that the permit application be placed on hold, the processing
shall be resumed upon receipt of a written request from NCDOT to resume
processing.
During the permit application review and processing period, additional
discussions and/or meetings may be conducted between NCDOT and the
environmental agency(ies) to resolve any outstanding issues. The goal of the
Merger 01 Process, however, is to resolve all of these issues before the permit
application is submitted to prevent delays in the construction letting.
35. Agency Public Notice if Required
If required by law or otherwise determined to be appropriate, the permitting
agency(ies) will issue a Public Notice requesting comments from the public on
the permit application. For example, the USACE is required to issue a Public
Notice for any project that requires an Individual Permit. The USACE Public
Notice is normally issued for a 30-day review and comment period. In such a
case, the Public Notice would have been issued after the Draft EIS or EA and
prior to Concurrence Point 3.
19
However, if, in the opinion of the USACE, an additional Public Notice is
warranted due to changes in the project or new information, a second Public
Notice will be issued. NCDCM is required to issue a 30-day Public Notice after a
permit application is accepted as complete for any project that requires a CAMA
Major Permit. NCDWQ generally is not required to issue a separate Public
Notice.
36. Permit Decision
After the relevant permitting agency(ies) have reviewed the permit application(s)
for compliance, and comments have been received and properly considered from
the public, as well as relevant state and federal review agencies, a permit
decision will be made. The permit decision may be in the form of an approval,
approval with conditions or denial. If a permit is issued, it will typically list specific
conditions or restrictions on the development. The project must be constructed
according to the permit conditions. A permit decision may be in the form of a
denial if the outstanding issues have not been resolved satisfactorily. A permit
denial is very unlikely for projects that follow the Merger 01 Process provided that
the full Project Team has reached concurrence at each concurrence point.
After a permit decision is made by a state permitting agency, then the state
agency decision can be appealed by NCDOT or by a third party. If this occurs,
then the state permitting agency(ies) will respond according to their specific
requirements.
37. Changes to the Project's Design, Construction Methodology or
Construction Timeframe
If changes to the project's design, construction methodology or construction
timeframe are needed at any time, additional coordination with the relevant
environmental agency(ies) will be required. This includes the agencies that have
permit authority over the project, as well as any other agencies that implement
federal, state and local environmental statutes and regulations that apply to the
project. If changes occur after the permit decisions are made, these changes
may require the submittal of a request for a modification, amendment, Letter of
Refinement or renewal to the relevant permit(s). A primary goal of the Merger
01 Process is to greatly reduce, and eliminate if possible, the number of changes
that may require additional coordination with the environmental agency (ies) after
the original permits are issued. Permit modifications, in particular, are very time-
consuming and problematic for all concerned parties due to the relatively short
timeframe required for resolution.
It is the responsibility of NCDOT to conduct any additional coordination that may
be required with the relevant environmental agency(ies). Coordination with the
relevant environmental agencies, including the submittal of any required permit
modification requests, should occur at least 2-3 months before the work in
question must be conducted to allow adequate time for processing.
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When reviewing the request, the relevant environmental agency(ies) may
request additional information before making a decision. The decision may be in
the form of an approval, approval with conditions or denial.
38. Final Plans for the Project
During the course of the right of way acquisition, the design engineers will begin
to develop the final plans for the project. The final design is a very detailed
design that also includes computing and summarizing contract quantities
required for the project, incorporating right of way revisions, compiling plans from
various units (Traffic Engineering Branch, Roadside Environmental Unit, Utilities
Section, etc.) and incorporating them in the project. After receiving all necessary
permits, NCDOT will make sure that all environmental commitments and permit
conditions are incorporated. NCDOT will ensure that construction drawings
match the permit plan drawings and permit conditions, including any permit
modifications.
39. Let Project
The project is advertised so that all interested contractors can bid on the project.
The bids are opened on the project letting date. After receiving bids, the project
is considered for award by the NCDOT Board of Transportation. The Board then
usually awards the contract to the low bidder and construction will usually start
approximately 45 days after the contract is awarded. The contractor will be
bound to the permit conditions and any environmental commitments that were
developed during the NEPA and/or NCEPA environmental documentation.
40. Preconstruction Meeting
After the contract is awarded, and prior to the initiation of construction, NCDOT
and the Contractor will hold a preconstruction meeting. NCDOT will provide all
Project Team members with a copy of the final plans at least 2 weeks prior to the
preconstruction meeting along with a description of any changes that have been
made to the project's design, construction methodology or construction
timeframe. The purpose of this meeting is to review the final plans and the
contents of the bid package, including any permit conditions and environmental
commitments. The preconstruction meeting will be scheduled for a time when
the USACE, NCDWQ and NCDCM (if a CAMA major permit was issued) can
attend. All of the Project Team members will be invited to the preconstruction
meeting with a minimum of thirty (30) days notice.
41. Compliance monitoring
The NCDOT Division Engineer will ensure that all permits, permit conditions and
associated documents are readily available on site at all times. The Division
Engineer is responsible for ensuring that all federal, state, and local
environmental statutes and regulations are adhered to after the project is let,
including any permit conditions, and environmental commitments.
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The Division Environmental Officer will provide assistance to the Division
Engineer in meeting these requirements. Representatives from USACE,
NCDCM, NCDWQ and other environmental agencies may visit the project site,
including any disposal or borrow areas, at any time to conduct compliance
inspections.
42. Project Completion
All work, including compliance with environmental conditions, must be completed
prior to the expiration date of the permits. If necessary, a permit renewal may be
requested. The decision to renew a permit may be in the form of an approval,
approval with conditions or denial depending upon the relevant agency(ies)
specific requirements. Renewal (extension) of permits must occur before the
permits expire.
Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, NCDOT will return
the Certificate of Completion to the NCDWQ 401/Wetlands Unit after obtaining
the Division Engineer's signature.
Upon completion of all work, the Division Engineer and Division Environmental
Officer will sign and return the USACE compliance form to the USACE.
22
Permitting Process for Phased New Location Projects
Many project corridor lengths are broken into a number of project segments and
are funded at different timeframes for right of way acquisition and construction.
Therefore, right of way plan preparation and final plan preparation occur at
various timeframes depending upon the project segment's schedule.
For a project that has multiple project segments, the following process will occur:
the NEPA document will be written for the entire project corridor length (Steps 1-
26). At the time of the Draft EIS or EA issuance, the NCDOT will submit a
Section 404 application for the entire project corridor. The application will also
include the plan for how compensatory mitigation will be addressed for the entire
project (Step 32). An approved compensatory mitigation plan must be provided
for the entire project before any project segment is permitted. Following the
submittal of the application, the steps in the process that extend to the issuance
of the FONSI or ROD (whichever is applicable) and the public information
meeting will be completed for the entire project corridor length and Concurrence
Point 4A will be achieved for the entire project corridor length.
The development of right of way plans on through to the project letting and
construction (Steps 27-42) will begin for the project segment(s) that are
imminently scheduled for right of way acquisition and letting. At the time the right
of way plans are completed, an updated permit application will be submitted that
will include right of way plans for the projects segment(s) that are imminently
scheduled for right of way acquisition and letting. Preliminary designs will be
submitted with the permit application for the remaining project segments that are
scheduled for later years. The permitting agencies will then take final action on
the permit application for all project segments. Any permits that are issued will
have conditions that a final design will have to be submitted and written approval
and/or permit modification obtained from the USACE and NCDENR before
construction can begin on those project segments where only preliminary design
was submitted with the application.
As the right of way and letting date draws near for the remaining project
segment(s), the development of right of way plans and the completion of steps
that lead to the project letting and construction (Steps 27-42) will be completed
for each project segment(s). At the time the right of way plans for the remaining
project segment(s) are completed, a request for a permit modification will be
submitted for those project segment(s). This request will contain the final design
information for the project segment(s). Prior to providing written approval and/or
permit modification, the USACE and NCDENR, in coordination with the Project
Team, will ensure that all appropriate avoidance and minimization measures
have been incorporated in the project design. NCDOT will be notified of the
decision on the requested segment(s) approval.
23
P rocess I I :
Widen i n and Other
g
I m rove m e n t P ro' e cts
p J
Rev: 10-20-04
Rev: 12-23-04
Rev: 3-14-05
Process II — Widening and Other Improvement Projects
General
A process flow chart that outlines the Section 404/NEPA Merger 01 Process
(Merger 01 Process) for widening projects is attached (Process II). This flow
chart depicts the major milestones in the process but it does not include all of the
many activities that NCDOT must complete in the project development process.
These other activities will be completed by NCDOT and input provided into the
merger process at the appropriate time. For example, public involvement is a
critical component of the project development activities and will be ongoing
throughout the process. Information developed through public involvement will
be made available to Project Team members for consideration in the decision
making process. —
Project Team Meetings
Team meetings will be held at each of the concurrence points in the Process.
The Project Teams may hold additional meetings as determined necessary.
NCDOT's Project Development Engineer should coordinate closely with the
appropriate USACE, FHWA, and NCDENR team members in scheduling any
meetings and clearly defining the purpose of the upcoming meeting. The Project
Development Engineer or Hydraulics Project Engineer will send the package of
information for the meeting to team members so that they will have it in hand at
least two weeks prior to the meeting. The transmittal to each team member
should clearly state the purpose and objective of the meeting. This will allow
team members time to review the information and be prepared to discuss any
issues or concerns they have at the meeting. Appendix A provides guidance on
information to be presented at each concurrence meeting.
At the end of each meeting, the Project Development Engineer or Hydraulics
Project Engineer, with the team's help, should summarize the results of the
meeting, including agreements or concurrence points achieved. If agreement or
concurrence is not obtained the next steps or action should be clearly identified.
If additional information or action is required, the type of information or action
needed and the responsible agency(s) or team member(s) should be clearly
noted.
The Project Development Engineer is responsible for preparing a summary of all
meetings for distribution to all team members, except the summary for the 4B
and 4C Concurrence Meetings, which will be completed by the Hydraulics Project
Engineer. Each team member will read the meeting summary that includes
issues agreed upon, outstanding issues, and action statements (next steps)
carefully to ensure accuracy of the project records. Substantive errors and
omissions will be identified and provided within 30 days to the Project
Development Engineer or Hydraulics Project Engineer for prompt resolution.
On-site project field reviews can be very beneficial in helping to understand a
project's purpose and need, human and natural environmental features and
alternative analysis. Project Teams are encouraged to hold combined field
reviews/meetings as needed to assist in the decision making process.
Step-by-Step Implementation Procedures
The following discussion is intended to provide more detailed guidance and
explanation on the various steps and concurrence points in the attached flow
chart. The numbered paragraphs correspond to steps or blocks in the chart.
1. Initiation of Project Study
NCDOT will begin the project study by gathering background data and
information and sending out the project scoping letter and/or start of study letter.
This letter initiates the project's concept and solicits input from federal and state
agencies (including the State Clearinghouse), local government agencies, the
public, and other NCDOT units and branches. The level of detail provided in
these letters includes a TIP description and a vicinity map.
2. Dafa Collection
The Project Development Engineer will collect all available information, including
aerial photography (digital mosaic), and background data, needed to hold the
project scoping meeting, as identified by responses to the scoping letter and
standard requirements.
3. Environmental Features Map
NCDOT - with consultation from the agencies - will develop an environmental
features map illustrating resource areas of concern as well as topographic or
photogrammetric mapping. The purpose of this mapping is to provide a means
for identifying alternatives that warrant study on a screening level basis. This
mapping could also be used by the team to gauge the applicability of the Merger
01 Process. Such features on the mapping will include but are not limited to:
♦ Infrastructure and topography
♦ Community features (i.e., boundaries, schools, churches, community centers,
hospitals, transit dependent populations, demographics, etc.
♦ Floodplains
♦ Historic properties and possible areas of archaeological concern
♦ Wetlands, streams, buffers, river basins, and water supply watersheds
(GIS level information)
♦ Wildlife refuges and game lands
♦ Recreational areas and parks
♦ Hazardous material sites
♦ Existing land use map and locally adopted land use plan
� Threatened and Endangered Species information
♦ Significant Natural Heritage Program Areas
♦ Utilities within project study area using best available information
Based on the environmental features map, the study area may be re-confirmed.
Generally, the study area will not be redefined unless new information
necessitates re-evaluation.
4. Develop Purpose and Need
Transportation Planning provides a Planning Level Purpose and Need for each
project that was developed during the system planning process to the Project
Development Engineer. In cases where Transportation Planning does not have
personnel assigned to a particular area, the Project Development Engineer will
develop the Purpose and Need (P & N). Also, additional engineering and
environmental inventory data may be obtained for use in further developing and
refining the purpose and need for a project. The type of information and level of
detail collected must be determined for each project and could include
information such as the following:
♦ Preliminary limits of the study area
♦ Existing traffic and future no-build average daily traffic
♦ Roadway geometric deficiencies and accident history
♦ Transportation plans
♦ Land use plans
♦ Areas of interest to local citizens and elected officials
♦ Legislative mandates
♦ Economic initiatives
♦ Intermodal relationships, including bicycle/pedestrian systems, transit (rail
and bus), port facilities and airport facilities
♦ Project history and background information including feasibility studies
and community issues
♦ Highway Needs Inventory (HNI) status
♦ MPO Constrained Long Range Plan status
♦ Major Investment Study (MIS) status/information
♦ GIS Mapping
♦ Aerial Photography
♦ Available Mapping with Delineated Jurisdictional Areas
♦ Traffic Study and Capacity Analysis
5. Develop Project Team
The Project Development Engineer will consult with the appropriate USACE,
NCDENR and FHWA representatives to identify specific Project Team members.
NCDOT will provide written verification of team members to all the team
members prior to Step 9(Concurrence Point 1). If an agency declines to
participate on the team, its decision will be documented in writing to NCDOT,
NCDENR, USACE and FHWA. If an agency drops from the Project Team during
the process, its self-removal will also be documented in writing.
6. Project Scoping
The Project Scoping Meeting is held by NCDOT to discuss background data,
preliminary purpose and need, engineering, environmental inventories, the
proposed scope of the project, and potential substantial project issues.
Resource agencies will be invited to attend and provide input. Agencies should
provide written input in response to the scoping letter or attend the scoping
meeting.
At the project scoping meeting, NCDOT will provide the proposed project
schedule. The meeting attendees will present any issues that may impact the
proposed schedule. Revisions to the proposed schedule will be made, as
necessary.
7. Hold Citizens Informational Workshop
After the project scoping meeting, citizens' informational workshop will be held to
introduce the project to the public. The general scope of the project work will be
discussed with the public. Also, the public will be informed that NCDOT and
agency staff will begin work in the project vicinity to gain the necessary survey
and environmental information to proceed with the development of the NEPA
document.
8. Request Environmental Input and Preliminary Mapping
After the Citizens Information Workshop, the PDEA engineer will request
environmental input from PDEA's Office of Natural Environment and Office of
Human Environment or a private engineering firm, using available mapping and
request forms. A study corridor should be developed which would encompass
the worst case-widening scenario on both sides of the existing facility.
The Design Engineer, in coordination with the PDEA Project Development
Engineer, will request either preliminary plan sheet mapping or final surveys and
base plan sheets so the plan sheets and environmental delineations will be
available at the Concurrence Point 2 meeting. It should be noted that final
surveys will normally be requested for short projects (usually about 5 miles or
less in length) that are to be constructed in one project segment. Preliminary
plan sheet mapping will normally be requested for projects that are long (greater
than 5 miles) and have multiple project segments.
9. Concurrence Point 1- Purpose and Need and Study Area Defined
The Purpose and Need (P & N) Statement forms the basis for identification of
alternatives to be evaluated. Therefore, concurrence will be obtained on the
Purpose and Need before potential alternatives are identified. NCDOT will
prepare a draft Purpose and Need Statement, along with supporting technical
documentation. The P& N information package will be sent to team members
so that they will receive it at least two weeks prior to the team meeting. The
supporting technical information will include the environmental features map of
the study area and a summary of any information or comments from the public
concerning purpose and need and community concerns. This statement should
clearly demonstrate that a"need" exists and should define the "need" in terms
understandable to the general public. The statement should clearly describe the
problems that the proposed action is to correct.
A team meeting will be held to discuss the draft P& N Statement and Study Area
along with supporting data. Team members will review the information prior to
the meeting and be prepared to discuss any concerns. At the meeting, the
NCDOT Project Development Engineer will provide the environmental features
map of the Study Area. Also, any other readily available information will be
presented for the team's information.
It may be necessary to conduct more than one meeting on purpose and need if
additional information is needed. The goal of the meeting is for team members to
concur with and sign the Purpose and Need and Study Area Concurrence Form.
If concerns are raised at the team meeting, which require additional
documentation or revisions to the P& N Statement, the NCDOT will incorporate
the additions or revisions and redistribute the P and N Statement for concurrence
or comment. This will be done prior to the follow-up Concurrence Point I meeting
or as soon as possible if it is determined that a second meeting is not required.
Also, at this meeting, the Project Team should concur that the project's purpose
can be accomplished by upgrading the existing highway corridor and that new
location alternatives will not be studied at this time. As the project progresses,
new environmental input and public comment could necessitate studying new
location alternatives. If, during the project study, NCDOT determines that new
location alternatives should be investigated, then the Merger 01 Process For
New Location Projects (Process 1) should be followed.
Once concurrence is obtained for Purpose and Need, the Team can address
Concurrence Point 2. Concurrence for both Concurrence Points 1 and 2 can be
obtained in one meeting, if possible. Refer to Step 13 — Concurrence Point 2, for
information needed for the Concurrence Point 2 meeting.
The NCDOT project manager may elect to delay the Concurrence Point 1
meeting until the environmental input has been collected, especially, if it is
unclear whether the project is a candidate for the Merger 01 Process.
NCDOT will provide the current schedule. Any changes made to the schedule
since the last concurrence meeting will be presented along with the reasons for
the change. The meeting attendees will present any issues that may impact the
project schedule. Needed revisions to the project schedule will be identified and
adjusted appropriately by NCDOT.
10. Environmental Analysis
The potentially impacted human and natural resources will be delineated for the
entire study corridor. NCDWQ wetland ratings and wetland type will be identified
and will include any CAMA wetland Areas of Environmental Concern. In
addition, where it is available, use NCDCM's GIS wetland data to identify wetland
significance. An agency wetland and field review meeting will be held to:
Verify jurisdictional wetland and stream boundaries. These boundaries will be
established to a level of detail sufficient for the purposes of project planning.
The USACE will provide written jurisdictional determinations.
• Review any potential wetland mitigation sites that may be noted during the
delineation effort and coordinate with EEP.
The field review meeting will be set up by PDEA's Natural System Specialist.
11. Notice of Intent (When Applicable)
If NCDOT and FHWA determine an EIS should be prepared, a Notice of Intent
will be filed in the Federal Register. If it is not clear at this point that potential
project impacts warrant an EIS, the decision to prepare a Notice of Intent may be
delayed until more information is available. The preparation of an EIS is typically
unlikely for a widening project, which usually requires the preparation of an EA.
12. Develop Design Options
PDEA should coordinate with the Roadway Design Unit, Utilities Section, Traffic
Engineering (Congestion Management), the Division, and FHWA to determine
design options that meet the purpose of the project. Design options can include
typical section options (number of lanes, curb and gutter, shoulder, median
section, or 5 lane, etc.) and hydraulic structure requirements (bridge or culvert
and length of bridge). —
13. Concurrence Point 2— Design Options for Detailed Study
The intent of the Concurrence Point 2 meeting is to obtain consensus from the
Project Team on which design options will be fully evaluated as alternatives,
including the "no build" alternative, in the Environmental Assessment. The
alternatives selected must meet the Purpose and Need of the project, with the
exception of the "no build" alternative. If possible, the Concurrence Point 2
meeting will be held at the same time as the Concurrence Point 1 meeting.
Design options to consider include typical sections, hydraulic structures, potential
utility impacts, and widening scenarios.
Typical Section: The typical section components (number of lanes, lane width,
and shoulder treatment) should address the facility deficiencies as stated in the
Purpose and Need of the project. At the Concurrence Point 2 meeting, NCDOT
will present the typical section which best addresses the Purpose and Need of
the project. NCDOT should present information supporting the typical section
recommendation such as capacity analyses, AASHTO design standards, bicycle
and pedestrian needs, local government recommendations, utility
accommodations, development and environmental constraints, and traffic
flow/access concerns.
After viewing the proposed typical section and supporting information, the team
will decide if additional typical section alternatives need to be studied and
compared at Concurrence Point 2A.
Widening Scenarios: At the Concurrence Point 2 meeting, team members should
provide guidance to NCDOT to aid in preparing a widening scenario which would
minimize impacts to the human and natural environment. The team should also
decide if alternative widening scenarios should be developed due to
environmental conflicts existing on both sides of the road. Based on information
received at this meeting, NCDOT will develop the designs for the widening
alternatives identified by the team to present at the Concurrence Point 2A
meeting for review and possible further refinement.
Hydraulic Structures: Based on available information, any potential need for
special bridging accommodations should be discussed at Concurrence Point 2.
The final bridging decisions will be made at Concurrence Point 2A. If there is a
discrepancy concerning the type of hydraulic structure to carry forward at the
Concurrence Point 2 meeting, NCDOT will prepare alternatives to be reviewed at
Concurrence Point 2A.
Information which should be presented at the Concurrence Point 2 meeting
includes: the environmental features map, environmental input obtained from the
Offices of Human and Natural Environment (requested in Step 6), local
government comments, public comments, traffic flow/access concerns, safety
concerns, and preliminary mapping. Delineated wetlands and streams will be
included on the environmental features map.
The NCDOT will request formal concurrence at this meeting by asking the team
members to sign the Concurrence Point 2 form which specifies the widening
scenarios and typical section alternatives which will be studied and compared at
Concurrence Point 2A. If additional documentation or revisions to the
alternatives are necessary, the NCDOT will incorporate the additions or revisions
and redistribute the information. If necessary, an additional team meeting will be
scheduled to resolve outstanding concerns.
NCDOT will provide the current schedule. Any changes made to the schedule
since the last concurrence meeting will be presented along with the reasons for
the change. The meeting attendees will present any issues that may impact the
project schedule. Needed revisions to the project schedule will be identified and
adjusted appropriately by NCDOT.
14. Preliminary Design of Detailed Study Alternatives
After receipt of the delineations and necessary preliminary plan sheet mapping,
the Design Engineer will begin to develop the preliminary design for the best fit
alignment using the guidance provided at the Concurrence Point 2 meeting,
public input, potential utility impacts, local government input, and environmental
input. A preliminary design is a very specific design that includes horizontal and
vertical alignments, edge of pavements, slope stakes, turn lanes, superelevation,
and right of way limits.
If typical section, widening scenarios, or structural alternatives were identified at
Concurrence Point 2, the preliminary designs will be developed for these
alternatives also. The right of way, utility, and construction cost estimates will
also be obtained after completion of the preliminary designs. During the
development of the design, care will be taken to avoid impacts to the natural and
human environment, where practicable. The Design Engineer will coordinate the
preliminary design for each detailed study alternative with the Utilities Section.
The Utilities Section will identify areas where any known utilities are impacted.
Where it is not practicable to avoid impacts, minimization measures will be
employed.
After the preliminary designs are completed, impacts will be identified and
quantified. Upon completion of the preliminary designs, the PDEA Engineer will
prepare a Preliminary Alternatives Report. The report will identify the impacts
and costs associated with each design option. This report will be sent to the
merger team members for preparation of the Concurrence Point 2A meeting. At
this time, the preliminary designs will include any recommended control of
access that will be acquired for the project. (The control of access limits are
needed so they can be reflected in right of way estimates, shown to the public,
and for the Project Team's review).
15. Concurrence Point 2A - Bridging Decisions and Final Alternatives to
Carry Forward
The purpose of this meeting will be for the team to concur on the alignment
refinement, alternatives to carry forward, and bridging decisions. This
concurrence includes selecting the hydraulic structures to be carried forward, as
well as which typical sections and widening scenarios to carry forward.
Information to be presented at this meeting include the preliminary design
alternatives, GPS wetlands and streams overlaid on the preliminary designs,
bridge and culvert alternative designs (if alternatives were identified at
Concurrence Point 2), typical section alternative designs (if alternatives were
identified at Concurrence Point 2), comparison of impacts (wetlands, streams,
Section 4(f) resources, historic properties, CAMA AEC's, relocatees, potential
utility impacts, etc.)
among all alternatives that were identified at Concurrence Point 2.
Using the hydraulic recommendations and all available environmental
information, the Project Team will determine the placement and length of bridges.
In addition, a review will be made to determine which natural resources warrant
additional avoidance measures. The bridge locations and approximate lengths
will be identified on each alternative. —
The team will decide if typical section and widening alternatives identified at
Concurrence Point 2 need to be carried forward or if some alternatives can be
eliminated. Any alternative that does not receive concurrence to be eliminated
will be carried forward in the EA and at the public hearing. If appropriate, only
one alignment design may be carried forward through the EA and public hearing.
During the Concurrence Point 2A meeting, the Project Team will discuss which
federal, state, and local environmental statutes and regulations may apply to
each of the detailed study alternatives. Within NCDOT, the Office of the Natural
Environment (ONE) is responsible for ensuring that the specific required steps
are followed for each of the environmental permits, certifications, consultations,
reviews and determinations that may be required throughout the project's life.
The Hydraulics Unit will ensure that FEMA flood insurance program regulations
are followed where applicable.
All team members will be asked to sign a Concurrence Form at the meeting to
signify that they agree with the bridge locations and approximate lengths,
alternatives eliminated, and refined alternatives. After the bridge locations and
alternative refinements are determined, an updated construction cost estimate
and summary of impacts for each remaining alternative will be developed. This
information will be provided for each alternative carried forward in the
Environmental Assessment.
NCDOT will provide the current schedule. Any changes made to the schedule
since the last concurrence meeting will be presented along with the reasons for
the change. The meeting attendees will present any issues that may impact the
project schedule. Needed revisions to the project schedule will be identified and
adjusted appropriately by NCDOT.
16. Prepare Draff EIS/EA, Conceptual Mitigation Proposal and Section 404
Application
The environmental document will be completed according to NEPA and an
identification of impacts will be made for each of the alternatives that are studied
in detail. There will be a discussion of why preliminary alternatives were
eliminated.
10
NCDOT will address potential on-site compensatory mitigation options. For
potential on-site mitigation sites, NCDOT ONE will prepare a feasibility study that
includes an environmental evaluation that identifies historic resources,
threatened and endangered species, parks, community issues, etc. NCDOT
ONE may arrange an agency field meeting to review any potential on-site
mitigation opportunities, discuss the environmental evaluation results, and
determine which sites are acceptable to the agencies.
Pursuant to the Memorandum of Agreement among the NCDOT, NCDENR, and
USACE signed July 22, 2002, the Ecosystem Enhancement Program (EEP) will
provide all compensatory mitigation that is not satisfied by acceptable on-site
mitigation.
Preliminary determinations about the Federal, state, and local environmental
statutes and regulations that may apply to each of the detailed study alternatives
will be included within the environmental document. If the project is within a
CAMA county(ies), then potentially relevant CAMA land use plan policies that
may apply to each detailed study alternative will also be included within the draft
environmental document.
All information produced in previous studies will be incorporated in an
environmental document.
The FHWA and NCDOT will review the preliminary environmental document for
adequacy as it relates to NEPA requirements. NCDOT will revise the
environmental document based on these comments or consult further with
FHWA to resolve issues.
The NEPA document shall develop an analysis of secondary/indirect and
cumulative impacts of sufficient scope and detail to fulfill all NEPA requirements.
In addition, the analysis should be developed, in concurrence with current
policies and procedures, to a level of detail sufficient to make decisions required
by all other state and Federal laws, statutes, rules, and regulations.
17. Issue DEIS/EA and Submif Section 404 Applicafion
NCDOT and FHWA will sign the title page of the environmental document (DEIS
or EA) prior to NCDOT circulating it. NCDOT will submit the Section 404 permit
application to the USACE at the time of document approval. NCDOT will also
provide the USACE with a mailing list developed in the public involvement
process that includes adjacent property owners and mailing labels. The
environmental document will be distributed to federal agencies, State
Clearinghouse, and local agencies and organizations for review and comment.
"
After issuance of the environmental document, an interagency field review will be
made unless the Project Team determines otherwise. The purpose of this
meeting is for team members to review alternatives in the field prior to the
Concurrence Point 3 meeting; however, it may not be necessary if team
members have reviewed alternatives in the field previously.
18. Notice of Availability and Section 404 Public Notice
The USACE will issue the Section 404 Public Notice. The environmental
document and Public Notice are made available for public and agency comment
for the prescribed time frames. NCDOT should consult with the USACE, NCDOT
Board Members, and other interested parties to set the public hearing date.
Once the date is set, the Corps should be immediately notified of the location,
time and place. NCDOT will publicize the public hearing.
19. Design Public Hearing
NCDOT will hold the Design Public Hearing. Team members are encouraged to
attend the public hearing to fully understand the public concerns. The USACE
and other team members will be invited to attend the public hearing.
20. Agency and Public Comment Period
The public may submit written comments to NCDOT, FHWA and/or the USACE
after the public hearing. Also, agency and public comments on the
environmental document and the Section 404 Public Notice may be submitted to
NCDOT and the USACE, respectively. The agencies will format their letters to
identify which comments are pertinent to the selection of the Least
Environmentally Damaging Practicable Alternative (LEDPA)/Preferred
Alternative. NCDOT will adequately address those specific comments prior to
selection of the LEDPA/Preferred Alternative and distribute their responses within
the information material for the Concurrence Point 3 meeting.
21. Posf Hearing Meeting
Following the comment periods, NCDOT will review and summarize the
comments received from the document review and public hearing process. The
USACE will forward the comments on the Section 404 Public Notice for inclusion
in the summary. NCDOT will then hold a post hearing meeting. Project Team
members are invited to attend this meeting. The purpose of this meeting is to
evaluate all substantive comments received and determine if any additional
studies or changes are needed to properly address issues that have been raised.
Any additional work or studies to resolve comments will be completed by
NCDOT. All agency comments on the environmental document and Section 404
Public Notice that affect the selection of the LEDPA/Preferred Alternative will be
addressed and appropriate information or responses prepared prior to the
Concurrence Point 3 meeting.
�
22. Concurrence Point 3— LEDPA/Preferred Alternative Selection
A Project Team meeting will be held to determine the Least Environmentally
Damaging Practicable Alternative (LEDPA) [Preferred Alternative under NEPA].
The Project Development Engineer will send the package of information for the
meeting to Project Team members so they will have it in hand at least two weeks
prior to the meeting. The package will include a matrix (for example, summary
information from DEIS) illustrating a comparison of impacts for the detailed study
alternatives and a brief summary of previous Project Team decisions. The
package will also include a summary of substantive comments received from
agencies and the public and how these comments were addressed.
When all substantive comments submitted by the agencies during the
environmental document review and the public hearing/public notice commenting
period have been adequately addressed and no new issues have been identified,
the Project Team will select a LEDPA/Preferred Alternative. At the time it is
selected, Project Team members will be reasonably certain that the
LEDPA/Preferred Alternative will comply with all relevant regulations and permit
requirements, is safe, and can be authorized. Project Team members in
agreement with the LEDPA/Preferred Alternative will provide their formal
concurrence at this meeting by signing the Concurrence Point 3 Form.
During the Concurrence Point 3 meeting, the Project Team will confirm the
preliminary determination made during the Concurrence Point 2A meeting about
the federal, state, and local environmental statutes and regulations that may
apply to the LEDPA/Preferred Alternative. This confirmation is required due to
changes that may have occurred in the project design and/or in the statutes and
regulations since the preliminary determination was made during the
Concurrence Point 2A meeting. Within NCDOT, the Office of the Natural
Environment (ONE) is responsible for ensuring that the specific required steps
are followed for each of the environmental permits, certifications, consultations,
reviews and determinations that may be required throughout the project's life.
The Hydraulics Unit will ensure that FEMA flood insurance regulations are
followed where appropriate.
NCDOT will provide the current schedule. Any changes made to the schedule
since the last concurrence meeting will be presented along with the reasons for
the change. The meeting attendees will present any issues that may impact the
project schedule. Needed revisions to the project schedule will be identified and
adjusted appropriately by NCDOT.
The public will be notified, by the NCDOT, of the selection of the
LEDPA/Preferred Alternative via newsletter, news release or other means
determined satisfactory by NCDOT policy.
13
23. Concurrence Point 4A — Avoidance and Minimization
Following selection of the LEDPA/Preferred Alternative, a Project Team meeting
will be held to discuss additional avoidance and minimization efforts not included
in the preliminary design during the alternative analysis phase of the project.
This concurrence point should address issues such as minor alignment shifts,
horizontal and vertical alignment, slopes, potential utility conflicts and impacts,
and construction techniques. For projects where bridge length and location
were not previously agreed to, a decision on these parameters will be included in
the Concurrence Point 4A meeting. Upon agreement that project jurisdictional
impacts have been avoided and minimized to the maximum extent practicable
based on current information and design available at that time, the Project Team
members will sign the Concurrence Point 4A Form. When avoiding and
minimizing jurisdictional resource impacts, other resources will be considered.
It should be recognized that additional minimization may be achieved during the
final design process with more precise mapping, including the project hydraulic
design (Concurrence Point 4B and 4C), and utility relocation design. Upon
reaching this concurrence point, the project development engineer will document
all avoidance and minimization that has been achieved to this point in project
development. This information will be provided to the Project Team and to the
Office of Natural Environment for inclusion in the updated permit application.
NCDOT will provide the current schedule. Any changes made to the schedule
since the last concurrence meeting will be presented along with the reasons for
the change. The meeting attendees will present any issues that may impact the
project schedule. Needed revisions to the project schedule will be identified and
adjusted appropriately by NCDOT.
24. Prepare Final EIS or FONSI
NCDOT/FHWA will prepare the Final EIS or FONSI. The Final EIS will discuss
the rationale behind the selection of the LEDPA/Preferred Alternative. It is not
necessary to complete Concurrence Point 4A prior to the completion of the Final
EIS or FONSI. However, any additional avoidance and minimization measures
that have been identified or incorporated up to that point in the project
development should be included in the Final EIS or FONSI. The FHWA and
NCDOT will review the final environmental document for adequacy as it relates to
NEPA requirements. NCDOT will revise the environmental document based on
these comments or consult further with the FHWA to resolve issues. The Final
EIS or FONSI will include all environmental commitments and the mitigation plan
to address all resources requiring mitigation, such as wetlands, streams, Section
106, Section 4(f), public access, etc.
Preliminary determinations about the federal, state, and local environmental
statutes and regulations that may apply to the LEDPA/Preferred Alternative will
be included within the final environmental document.
14
If the project is within a CAMA county (ies), then potentially relevant CAMA land
use plan policies that may apply to the LEDPA/Preferred Alternative will also be
included within the final environmental document.
25. /ssue Final EIS or FONSI
NCDOT and FHWA will sign the title page of the Final EIS or FONSI prior to
NCDOT circulating it. The environmental document will be distributed to federal
agencies, State Clearinghouse, and local agencies and organizations for review
and comment.
26. Agency and Public Commenf Period
The agencies and the public may submit written comments to NCDOT and
FHWA concerning the Final EIS or FONSI. NCDOT will respond directly to the
commenting agencies concerning comments received on a FONSI. Comments
received on a FEIS will be addressed in the ROD with copies provided to the
commenting agency.
27. Prepare and Issue ROD (For EIS Projects Only)
FHWA will issue the ROD. The ROD will address any comments received on the
FEIS. A Notice of Availability will be issued.
(For phased proiects, refer to the text at the end of this document)
28. Development of Right of Way Plans
After achieving Concurrence Points 3 and 4A, the Design Engineer will request
final surveys (plan sheet mapping) if necessary to develop the right of way plans
for the project. The design will be based on the alignment as agreed to at
Concurrence Point 4A and will incorporate all agreed upon commitments
contained in the FONSI or ROD. After the design engineers complete the
horizontal and vertical alignment for the roadway, the Utilities Section will review
the horizontal and vertical alignment for the roadway and will begin to coordinate
with the Hydraulics Unit regarding the utility locations. The Hydraulics Unit
begins the development of the proposed drainage design and the Geotechnical
Engineering Unit begins the detailed geotechnical investigations for the project.
29. Concurrence Point 4B — 30 Percent Hydraulic Review
At the time the hydraulic design for the project is 30 percent complete, the
Hydraulics Project Engineer will hold a Concurrence Point 4B meeting to review
the development of the drainage design. All appropriate Project Team members
should attend (USACE and NCDWQ attendance is mandatory. If the project is
within a CAMA county (ies), NCDCM attendance is mandatory).
15
If a project requires a State Stormwater Management Permit, the Hydraulics
Project Engineer will work with the NCDWQ Stormwater Management Section to
obtain the permit and report its progress to the team members. The Hydraulics
Project Engineer will provide the package of information to team members so
that they receive it two weeks in advance of the meeting.
Also, before the Concurrence Point 4B meeting is held, the Hydraulics Project
Engineer will consult with the ONE staff to ensure that the environmental surveys
(wetlands, threatened and endangered species, streams, and buffer) for each
project is complete and current.
At the 4B meeting, the Hydraulics Project Engineer will present preliminary
drainage designs to the team members. The drainage plans will depict the
boundaries of the affected environmental areas (wetlands, perennial and
intermittent streams, buffers, CAMA AEC's, etc.), existing draining structures,
layout of proposed drainage structures, and stormwater best management
devices. Large structures such as bridges and box culverts will also be
discussed.
The Utilities Section will coordinate the determination of the utility conflicts and
the development of the utility relocation preliminary designs with the utility
owners and the design engineers. Concurrence will include selecting the
hydraulic structures to be used at each stream crossing.
The Hydraulics Project Engineer will take notes of comments received during the
meeting. The Hydraulics Project Engineer will distribute meeting minutes, which
will include how comments will be addressed. Also, the meeting minutes will
identify onsite mitigation opportunities that will be incorporated into the project
design as appropriate. Any other mitigation identified that was not included in the
final environmental document will be included.
It is understood minor vertical changes may be needed due to hydraulic needs.
If vertical changes occur that result in additional environmental impacts, minor
horizontal adjustments in alignment may be appropriate.
NCDOT will provide the current schedule. Any changes made to the schedule
since the last concurrence meeting will be presented along with the reasons for
the change. The meeting attendees will present any issues that may impact the
project schedule. Needed revisions to the project schedule will be identified and
adjusted appropriately by NCDOT.
30. Complete Right of Way Plans for the Project
Upon receiving the completed hydraulic design for the project, Design Engineers
will incorporate the hydraulic design and establish the proposed right of way
limits for the project.
16
The Structure Design Engineers begin to develop the designs for bridges and
culverts.
The project is then reviewed with Construction and Right of Way Personnel to
note any additional changes that may be required. The right of way plans are
completed and sent to the Right of Way Branch to begin purchase of land
required for the project.
31. NCDCM On-Site Pre-Application Meeting
For projects within a CAMA county(ies) that require a CAMA major permit, the
NCDOT ONE Permit Specialist will request an on-site pre-application meeting
with the appropriate NCDCM Field Representative. The purpose of this meeting
is to review the plans and/or permit drawings and information that will be
submitted with the CAMA permit application. This will ensure that, when the
CAMA major permit application is formally submitted, it contains all of the
information necessary for processing. The purpose of this meeting is not to
make changes to the project design, construction methodology or construction
timeframe. However, if any potential changes to the project are identified at the
on-site pre-application meeting, they will be discussed with the full Project Team
at the Concurrence Point 4C meeting prior to approval.
32. Concurrence Point 4C - Permit Drawings Review
At the time the hydraulic design is 100 percent complete and the permit drawings
for the project are finalized, the Hydraulics Unit will hold a 4C meeting. At the
4C meeting, the Hydraulics Project Engineer will present copies of the
Stormwater Management Plan to the Project Team members. A Stormwater
Management Plan is a narrative, project-specific, Stormwater Design Report. It
outlines project involvement, river basins, classifications of the involved water
bodies, selected structural and non-structural best management practices, best
management practice devices, and major structures (bridges and box culverts).
The final permit drawings for the permit application will also be reviewed and
revised based on comments received at this meeting. Any area where utility
relocations affect additional environmental resources beyond the footprint of the
roadway will be shown on the permit drawings and will be included in the impacts
presented in the application. In addition, if the project is within a CAMA
county(ies) and a CAMA Major Permit is required, then all utility locations that are
not included in the permit drawings will be described within the CAMA Major
Permit application either in narrative form or in a separate spreadsheet. The
level of detail of utility relocation information required with the CAMA Major
Permit application will be determined on a project-by-project basis at the NCDCM
on-site pre-application meeting.
`r�
The Hydraulics Project Engineer will record minutes of the meeting and will
address the team's comments. Changes will be made based on the team's
comments. The changes will be made in the permit drawings before the permit
application is sent. The Concurrence form indicates that the Project Team
agrees that the drawings as presented are satisfactory to be submitted with the
application. (This does not supercede the regulatory review process.)
After the changes are incorporated, the Hydraulics Project Engineer will ask for a
signature of the Concurrence Point 4C Form. The Concurrence Form will be
detailed enough to document and identify changes. Any changes to impacts to
wetlands, streams, buffers, or CAMA AEC's that occur after the 4C document is
signed will require the resource agencies to revisit the design, and may require a
new 4C meeting. The NCDOT Permit Specialist will contact the agencies via e-
mail, letter, phone call or scheduling a meeting as appropriate to facilitate review
of these changes.
NCDOT will provide the current schedule. Any changes made to the schedule
since the last concurrence meeting will be presented along with the reasons for
the change. The meeting attendees will present any issues that may impact the
project schedule. Needed revisions to the project schedule will be identified and
adjusted appropriately by NCDOT.
33. Compensatory Mitigation Requirements
Compensatory mitigation requirements will be identified based on final project
impacts.
In those events where on-site mitigation opportunities are available and
determined acceptable and/or necessary by the Project Team, the mitigation plan
and design will be developed in concert with the overall project design. Removal
of existing causeway fills is strongly encouraged to offset project impacts and/or
create mitigation credits for future project impacts. The on-site mitigation will be
developed and implemented by NCDOT in collaboration with the Project Team
and EEP. Under no circumstances will the project be permitted until such time
that the detailed on-site mitigation plan is complete and approved by the
permitting agencies.
Pursuant to the Memorandum of Agreement among the NCDOT, NCDENR, and
USACE, signed July 22, 2002, the Ecosystem Enhancement Program (EEP) will
provide all compensatory mitigation that is not satisfied by acceptable on-site
mitigation.
18
34. Submit Permit Application(s)
The Office of Natural Environment Permit Specialist submits updated permit
application(s) as appropriate to all of the agencies for which permits are required.
Permit application(s) will be submitted within two months of the 4C meeting. The
permit application package will vary according to each agencies specific
requirements.
35. Permif Application Review and Processing
Upon receiving the permit application from NCDOT, the permitting agency(ies)
will review the application for completeness. If the permit application is
determined to be incomplete, the permitting agency(ies) will return the application
to NCDOT for additional information, and/or inform NCDOT of the additional
information that is required.
After the permitting agency(ies) determine that the permit application is complete,
the permitting agency(ies) will assemble and distribute the application package
for comment to any designated review agencies. This process varies according
to the permit being requested.
If the permit application is found to be incomplete or inaccurate after processing
has begun, or if additional information from NCDOT is necessary to adequately
assess the project, the permitting agency(ies) that have permit processing
deadlines may place an application on hold. NCDOT may also request in writing
that its permit application be placed on hold at any time. If the permit application
is placed on hold by the permitting agency(ies), the processing shall be resumed
upon receipt of the necessary changes or necessary information from NCDOT. If
NCDOT requested that the permit application be placed on hold, the processing
shall be resumed upon receipt of a written request from NCDOT to resume
processing.
During the permit application review and processing period, additional
discussions and/or meetings may be conducted between NCDOT and the
environmental agency(ies) to resolve any outstanding issues. The goal of the
Merger 01 Process, however, is to resolve all of these issues before the permit
application is submitted to prevent delays in the construction letting.
36. Agency Public Notice if Required
If required by law or otherwise determined to be appropriate, the permitting
agency(ies) will issue a Public Notice requesting comments from the public on
the permit application. For example, the USACE is required to issue a Public
Notice for any project that requires an Individual Permit. The USACE Public
Notice is normally issued for a 30-day review and comment period. In such a
case, the Public Notice would have been issued after the Draft EIS or EA and
prior to Concurrence Point 3.
19
However, if, in the opinion of the USACE, an additional Public Notice is
warranted due to changes in the project or new information, a second Public
Notice will be issued. NCDCM is required to issue a 30-day Public Notice after a
permit application is accepted as complete for any project that requires a CAMA
Major Permit. NCDWQ generally is not required to issue a separate Public
Notice.
37. Permit Decision
After the relevant permitting agency (ies) have reviewed the permit application(s)
for compliance, and comments have been received and properly considered from
the public, as well as relevant state and federal review agencies, a permit
decision will be made. The permit decision may be in the form of an approval,
approval with conditions or denial. If a permit is issued, it will typically list specific
conditions or restrictions on the development. The project must be constructed
according to the permit conditions. A permit decision may be in the form of a
denial if the outstanding issues have not been resolved satisfactorily. A permit
denial is very unlikely for projects that follow the Merger 01 Process provided that
the full Project Team has reached concurrence at each concurrence point.
After a permit decision is made by a state permitting agency, the state agency
decision can be appealed by NCDOT or by a third party. If this occurs, then the
state permitting agency(ies) will respond according to their specific requirements.
38. Changes to the Project's Design, Construction Methodology or
Construction Timeframe
If changes to the project's design, construction methodology or construction
timeframe are needed at any time, additional coordination with the relevant
environmental agency(ies) will be required. This includes the agencies that have
permit authority over the project, as well as any other agencies that implement
federal, state and local environmental statutes and regulations that apply to the
project. If changes occur after the permit decisions are made, these changes
may require the submittal of a request for a modification, amendment, Letter of
Refinement or renewal to the relevant permit(s). A primary goal of the Merger
01 Process is to greatly reduce, and eliminate if possible, the number of changes
that may require additional coordination with the environmental agency (ies) after
the original permits are issued. Permit modifications, in particular, are very time-
consuming and problematic for all concerned parties due to the relatively short
timeframe required for resolution.
It is the responsibility of NCDOT, not the Contractor, to conduct any additional
coordination that may be required with the relevant environmental agency(ies).
Coordination with the relevant environmental agencies, including the submittal of
any required permit modification requests, should occur at least 2-3 months
before the work in question must be conducted to allow adequate time for
processing.
20
When reviewing the request, the relevant environmental agency(ies) may request
additional information before making a decision. The decision may be in the form
of an approval, approval with conditions or denial.
39. Complete Final Plans for the Project
During the course of the right of way acquisition, the Design Engineers will begin
to develop the final plans for the project. The final design is a very detailed
design that also includes computing and summarizing the contract quantities
required for the project, incorporating right of way revisions, compiling plans from
various units (Traffic Engineering Branch, Roadside Environmental Unit, Utilities
Section, etc) and incorporating them in the project. NCDOT will make sure that
all environmental commitments and permit conditions are incorporated. NCDOT
will ensure that construction drawings match the permit plan drawings and permit
conditions, including any permit modifications.
40. Let Project
The project is advertised so that all interested contractors can bid on the project.
The bids are opened on the project letting date. After receiving bids, the project
is considered for award by the Board of Transportation. The Board then usually
awards the contract to the low bidder and construction will usually start
approximately 45 days after the contract is awarded. The contractor will be
bound to the permit conditions and any environmental commitments that were
developed during the NEPA and/or NCEPA environmental documentation.
41. Preconstruction Meeting
After the contract is awarded, and prior to the initiation of construction, NCDOT
and the Contractor will hold a preconstruction meeting. NCDOT will provide all
Project Team members with a copy of the final plans at least 2 weeks prior to the
preconstruction meeting along with a description of any changes that have been
made to the project's design, construction methodology or construction
timeframe. The purpose of this meeting is to review the final plans and the
contents of the bid package, including any permit conditions, and environmental
commitments. The preconstruction meeting will be scheduled for a time when
the USACE, NCDWQ and NCDCM (if a CAMA major permit was issued) can
attend. All of the Project Team members will be invited to the preconstruction
meeting with a minimum of thirty (30) days' notice.
42. Compliance Monitoring
The NCDOT Division Engineer will ensure that all permits, permit conditions and
associated documents are readily available on site at all times. The Division
Engineer is responsible for ensuring that all federal, state, and local
environmental statutes and regulations are adhered to after the project is let,
including any permit conditions and environmental commitments.
21
The Division Environmental Officer will provide assistance to the Division
Engineer in meeting these requirements. Representatives from USACE,
NCDCM, NCDWQ and other environmental agencies may visit the project site,
including any disposal or borrow areas, at any time to conduct compliance
inspections.
43. Project Completion
All work, including compliance with environmental conditions, must be completed
prior to the expiration date of the permits. If necessary, a permit renewal may be
requested. The decision to renew a permit may be in the form of an approval,
approval with conditions or denial depending upon the relevant agency(ies)
specific requirements. Renewal (extension) of permits must occur before the
permits expire.
Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, NCDOT will return
the Certificate of Completion to the NCDWQ 401/Wetlands Unit after obtaining
the Division Engineer's signature.
Upon completion of all work, the Division Engineer and Division Environmental
Officer will sign and return the USACE compliance form to the USACE.
Permitting Process for Phased Widening Projects
Many project corridor lengths are broken into a number of project segments and
are funded at different timeframes for right of way acquisition and construction.
Therefore, right of way plan preparation and final plan preparation occur at
various time frames depending upon the project segment's schedule.
For a project that has multiple project segments, the following process will occur:
The NEPA document will be written for the entire project corridor length (Steps 1-
27). At the time of the Draft EIS or EA issuance, NCDOT will submit a Section
404 permit application for the entire project corridor. The application will include
the plan for how compensatory mitigation will be addressed for the entire project
(Step 33). An approved compensatory mitigation plan must be provided for the
entire project before any project segment is permitted. Following the submittal of
the application, the steps in the process that extend to the issuance of the FONSI
or ROD (whichever is applicable) will be completed for the entire project corridor
length and Concurrence Point 4A will be achieved for the entire project corridor
length.
The development of right of way plans on through to the project letting and
construction (Steps 28-43) will begin for the project segment(s) that are
imminently scheduled for right of way acquisition and letting.
22
At the time the right of way plans are completed, an updated permit application
will be submitted that will include right of way plans for the project segment(s)
that are imminently scheduled for right of way acquisition and letting. Preliminary
designs will be submitted with the permit application for the remaining project
segments that are scheduled for later years. The permitting agencies will then
take final action on the permit application for all project segments. Any permits
that are issued will have conditions that a final design will have to be submitted
and written approval and/or permit modification obtained from the USACE and
NCDENR before construction can begin on those project segments where only
preliminary design was submitted with the application._
As the right of way and letting date draws near for the remaining project
segment(s), the development of right of way plans and the completion of steps
that lead to the project letting and construction will be completed (Steps 28-43).
At the time the right of way plans for the remaining project segment(s) are
completed, a request for a permit modification will be submitted for those project
segment(s). This request will contain the final design information for the project
segment(s). Prior to providing written approval and/or a permit modification, the
USACE and NCDENR, in coordination with the Project Team, will ensure that all
appropriate avoidance and minimization measures have been incorporated in the
project design. NCDOT will be notified of the decision on the requested
segment(s) approval.
23
P rocess I I I:
A enc Coord i nation
g Y
Process
For Brid e Re lacement
J p
P ro' e cts t h at A re
J
Processed as
Cate orical Exclusion
g
Rev. 10-20-04
Rev. 12-23-04
Rev. 3-29-05
Process III — Agency Coordination Process
For Bridge Replacement Projects that are processed as Categorical
Exclusion
General
A process flow chart that outlines the coordination process for bridge
replacement projects that are processed as Categorical Exclusions is attached
(Process III). This flow chart depicts the major milestones in the process but
does not include all of the many activities that NCDOT must complete in the
project development process. These other activities will be completed by
NCDOT and input provided into the process at the appropriate time. For
example, public involvement may be a critical component of the project
development activities and could be ongoing throughout the process.
Information developed through public involvement will be made available to
Project Team members for consideration in the decision making process.
Projects that are included in this process should normally require the preparation
of a Categorical Exclusion. Programmatic Categorical Exclusions will not be
done for projects that follow this process. The Categorical Exclusion for a
specific project should provide sufficient information to address all applicable
federal and state laws and regulations.
The Project Team will review each project at its initial meeting to determine the
appropriate Merger Process that the project should follow. For example, a
Bridge Replacement/CE project that needs Project Team concurrence on
Purpose and Need would follow Process I or Process II instead of Process III.
Project Team Meetings
Team meetings will be held at each of the concurrence points in the Agency
Coordination Process. Additional meetings may be held as determined
necessary by the teams. NCDOT's Project Development Engineer should
coordinate closely with the appropriate USACE, FHWA, and NCDENR team
member in scheduling any meetings and clearly defining the purpose of the
upcoming meeting. The Project Development Engineer or Hydraulics Project
Engineer will send the package of information for the meeting to team members
so that they will have it in hand at least two weeks prior to the meeting.
The transmittal to each team member should clearly state the purpose and
objective of the meeting. This will allow team members time to review the
information and be prepared to discuss any issues or concerns they have at the
meeting.
At the end of each meeting, the Project Development Engineer, with the team's
help, should summarize the results of the meeting, including agreements or
concurrence points achieved. If agreement or concurrence is not obtained the
next steps or action should be clearly identified. If additional information or
action is required, the type of information or action needed and the responsible
agency(s) or team member(s) should be clearly noted. The Project Development
Engineer or Hydraulics Project Engineer is responsible for preparing minutes of
all meetings for distribution to all team members.
On-site project field reviews can be very beneficial in helping to understand a
project's purpose and need, human and natural environmental features and
alternative analysis. Project Teams are encouraged to hold combined field
reviews/meetings as needed to assist in the decision making process.
Step by Step Implementation Procedures
The following discussion is intended to provide more detailed guidance and
explanation on the various steps and concurrence points in the attached flow
chart. The numbered paragraphs correspond to steps or blocks in the chart.
1. Data Collection
The Project Development Engineer will collect all available information and
background data. The project study area will be established and
photogrammetric and topographic data will be collected.
Typical data necessary for the project include: shell mapping, traffic forecast,
utility locations, accident analysis and preliminary comments on the project from
NCDOT Division Personnel, County School Bus Coordinator, County EMS
Director, and County or City Planning staff.
2. Request Environmental lnput
Once the project study area is set, the Project Development Engineer will request
environmental input from the Offices of Natural and Human Environment (ONE
and OHE) using the proper mapping and request (NCDOT's internal) forms. The
study area should be set to encompass the worst case scenario for replacement
of the bridge to either side of the existing bridge [including, if appropriate, minor
realignments of the approach roadway.]
Public notification of these data gathering activities will be handled by NCDOT's
Location and Surveys Unit who will contact property owners via standard form
letter, before their collection of topographic data. If necessary, additional public
involvement opportunities are available later in the project development process.
The Natural Resources Technical Report is prepared and distributed to
resources agencies including all potential Project Team members.
3. Project Scoping
The Project Scoping Meeting is held by NCDOT to discuss background data,
engineering and environmental inventories and substantial project issues.
Resource agencies will be invited to attend and provide input. Agencies should
provide written input in response to the scoping letter or attend the scoping
meeting.
The project will need to go through the screening process after the scoping
meeting to determine if a Project Team is needed. This decision will be made, by
the NCDOT, USACE, FHWA, and NCDENR.
At the project scoping meeting, NCDOT will provide the proposed project
schedule. The meeting attendees will present any issues that may impact the
proposed schedule. Needed revisions to the project schedule will be identified
and adjusted appropriately by NCDOT.
4. Develop Project Team
If a Project Team is needed, then the Project Development Engineer will consult
with the appropriate USACE, FHWA, and NCDENR representative to identify
specific Project Team members prior to Step 6(Concurrence Point 2/2A).
NCDOT will provide a written verification of the team roster to all the team
members. If an agency declines to participate on the team, its decision will be
documented in writing to NCDOT, NCDENR, USACE, and FHWA. If an agency
drops from the Project Team during the process, its self-removal will also be
documented in writing.
Note:
Notices of Intent and Purpose and Need Statements [Concurrence Point 1] are
not required on typical Bridge Replacement Projects. If either an EIS is planned
for the project or the purpose and need for the project is in question; the project
should be processed through Process I or II.
5. Environmental Features Map
NCDOT will develop a map illustrating resource areas of concern as well as
topographic or photogrammetric mapping. The purpose of this mapping is to
provide a means for identifying alternatives that warrant study. Such features on
the mapping will include but are not limited to:
♦ Infrastructure and topography
♦ Community features (i.e., boundaries, schools, churches, community centers,
hospitals, transit dependent populations, demographics, etc.
♦ Floodplains
♦ Historic properties and possible areas of archaeological concern
♦ Wetlands, streams, buffers, river basins, and water supply watersheds
(GIS level information)
♦ Wildlife refuges and game lands
♦ Recreational areas and parks
♦ Hazardous material sites
♦ Existing land use map and locally adopted land use plan
� Threatened and Endangered Species information
♦ Significant Natural Heritage Program Areas
♦ Utilities within project study area using best available information
Based on the environmental features map, the study area may be re-confirmed.
6. Concurrence Point 2/2A — Options to Evaluate in Detail and Bridging
Decision
The intent of the Concurrence Point 2/2A meeting is to obtain consensus from
the Project Team on which replacement options will be fully evaluated as
alternatives in the Categorical Exclusion. Options to consider include: closure
without replacement ["no build"], rehabilitation, replace in-place with off-site
detour, replace in-place with on-site detour [either side of existing bridge],
replace on new alignment [either side of existing bridge] and others as
determined by project situation and the Project Team.
Information which should be presented at the Concurrence Point 2/2A meeting
may include: Natural Systems Technical Report, Phase 1 historic property
evaluation and boundaries of known listed and potentially eligible historic sites,
community profile including existing and future land use, comments from the
local government, traffic flow/access concerns, safety concerns, potential utility
impacts, aerial photography and digital terrain mapping. Wetland and stream
delineations, NCDWQ wetland ratings and wetland type, and any CAMA areas of
environmental concern will be identified.
Also, if recommended by the NCDOT, USACE, NCDENR and FHWA, then the
concurrence meeting shall be held on site to:
• Review preliminary design alternatives
• Review any potential mitigation sites including causeway removal
opportunities that may be noted during the delineation effort and
coordinate with the EEP
• Review recommendations for bridging decision, including bridge length
This concurrence point should include discussions of structure-type [bridge,
culvert, or others] and appropriate bridge length or culvert size, utility relocations,
and any other design elements considered a necessary part of the project.
Construction methodologies and access and other issues should also be
discussed.
During the Concurrence Point 2/2A meeting, the Project Team will discuss
Federal, state and local environmental statutes and regulations that may apply to
each of the detailed study alternatives. Within NCDOT, the Office of the Natural
Environment (ONE) is responsible for ensuring that the specific required steps
are followed for each of the environmental permits, certifications, consultations,
reviews and determinations that may be required throughout the project's life.
The Hydraulics Unit will ensure the FEMA flood insurance program regulations
are followed where applicable.
NCDOT will provide the current schedule. Any changes made to the schedule
will be presented along with the reasons for the change. The agencies will
present any issues that may impact the project schedule. Needed revisions to
the project schedule will be identified and adjusted appropriately by NCDOT.
The NCDOT will request formal concurrence at this meeting by asking the team
members to sign the Concurrence Point 2/2A Form. If additional documentation
or revisions to the provided information are necessary, the NCDOT will
incorporate the additions or revisions and redistribute the information packet. If
necessary, an additional team meeting will be scheduled to resolve outstanding
concerns.
After receipt of the delineations and necessary preliminary mapping, the Design
Engineer will begin to develop the preliminary designs for the replacement
alternatives developed at the Concurrence Point 2/2A meeting. If typical section
or structure-type alternatives were identified at Concurrence Point 2/2A, the
preliminary designs will be developed for these alternatives as well. During the
development of the design, care will be taken to avoid where practicable, impacts
to the natural and human environment. The Design Engineer will coordinate the
preliminary design for each detailed study alternative with the Utilities Section.
The Utilities Section will identify areas where utilities are impacted.
Where it is not practicable to avoid impacts, minimization measures will be
employed.
The USACE will review the project impacts to determine if the project can be
authorized by a General Permit or whether an Individual Permit will be required.
If the determination is for an Individual Permit, then NCDOT will submit a merger
permit application to USACE, and USACE will issue a public notice on the
proposed project.
If it appears at this time that the project can be authorized under a General
Permit (GP), then the process will proceed to Step 7 without a permit application
to USACE. If, at anytime after Concurrence Point 2, it appears likely that the
project will require authorization by an Individual Permit rather than a GP, then
the process will return to this point. Any team decisions that have been made
following Concurrence Point 2, including Concurrence Point 3, LEDPA/Preferred
Alternative selection, will be considered invalid, and NCDOT will submit a permit
application to USACE to provide for the necessary public involvement/public
interest review. Potential subsequent points in the process where the decisions
may be made that an individual permit is required include: at Concurrence Point
4A, after the team members receive copies of the CE, at Concurrence Point 4C,
and at the Permit Decision step. After the public notice process has been
completed, the Concurrence Point 3 meeting should be scheduled.
7. Public Involvement (As appropriate)
If determined appropriate by the Project Development Engineer, a Citizens
Informational Workshop or other form of Public Involvement [Newsletter, etc.]
should take place at this time. At a workshop, aerial photography showing all
replacement alternatives brought forward from Concurrence Point 2/2A will be
presented for public review and comments. Newsletters will describe the
alternatives under consideration and invite comments. Any typical section or
structure-type alternatives identified at Concurrence Point 2/2A should be noted
in order to gain public comments and preferences.
8. Concurrence Point 3 and 4A — LEDPA/Preferred Alfernative Selection
and Avoidance and Minimization
A Project Team meeting will be held to determine the least environmentally
damaging practicable alternative (LEDPA) [Preferred Alternative under NEPA]
among the replacement alternatives selected for study at Concurrence Point
2/2A. At this meeting the Project Team will also review public comments to
determine if further refinement of the LEDPA or proposed typical section is
necessary. The Project Development Engineer will send the package of
information for the meeting to Project Team members so they will have it in hand
at least two weeks prior to the meeting.
The package will include a matrix illustrating a comparison of impacts for the
detailed study alternatives and a brief summary of previous Project Team
decisions. The package will also include a summary of substantive comments
received from agencies and the public and how these comments were
addressed.
At this time, Project Team members will be reasonably certain that the LEDPA
will comply with all relevant regulations and permit requirements and can be
authorized. Project Team members in agreement with the LEDPA will provide
their formal concurrence at this meeting by signing the Concurrence Point 3
Form.
If concurrence is not reached due to a need for additional documentation,
NCDOT will develop the additional information and submit it to Project Team
members. If necessary, another meeting will be scheduled to address the
additional information.
This meeting will also serve as Concurrence Point 4A. This concurrence point
should address issues such as alignment shifts, horizontal and vertical
alignment, slopes, potential utility conflicts and impacts, and construction
techniques. When avoiding and minimizing jurisdictional resource impacts, other
resources will be considered. In the event 4A cannot be achieved, an additional
meeting may be required. Through minimization efforts achieved by the initial
project design and refinements to this stage, no more minimization
recommendations should be needed until Concurrence Point 4C, unless the
project is to convert a bridge to culvert or an individual permit is required; then a
4B meeting will be appropriate. Refer to Process II, Step 29 for a description of
4B procedures. When a 4B meeting is not conducted, then 4B issues will need
to be discussed at the Concurrence Point 3/4A meeting.
During the Concurrence Point 3 meeting, the Project Team will confirm the
preliminary determination made during the Concurrence Point 2/2A meeting
about the Federal, state and local environmental statutes and regulations that
may apply to the LEDPA/Preferred Alternative. This confirmation is required due
to changes that may have occurred in the project design and/or in the statutes
and regulations since the preliminary determination was made during the
Concurrence Point 2/2A meeting. Within NCDOT, the Office of the Natural
Environment (ONE) is responsible for ensuring that the specific required steps
are followed for each of the environmental permits, certifications, consultations,
reviews and determinations that may be required throughout the project's life.
NCDOT will provide the current schedule. Any changes made to the schedule
since the last concurrence meeting will be presented along with the reasons for
the change. The meeting attendees will present any issues that may impact the
project schedule. Needed revisions to the project schedule will be identified and
adjusted appropriately by NCDOT.
9. Prepare CE and Conceptual Mitigation Proposal
The Categorical Exclusion will be completed according to appropriate regulations
and an identification of impacts will be made for each of the alternatives that
were studied in detail. The CE document will discuss the rationale for selection of
the LEDPA/preferred alternative. The CE document will include all
environmental commitments currently identified for all resources such as
wetlands, streams, Section 106, Section 4(f), public access, etc.
NCDOT will address potential on-site compensatory mitigation options. For
potential on-site mitigation sites, NCDOT ONE will prepare a feasibility study that
includes an environmental evaluation that identifies historic resources,
threatened and endangered species, parks, community issues, etc. NCDOT
ONE may arrange an agency field meeting to review any potential on-site
mitigation opportunities, discuss the environmental evaluation results, and
determine which sites are acceptable to the agencies.
Pursuant to the Memorandum of Agreement among the NCDOT, NCDENR, and
USACE, signed July 22, 2002, the Ecosystem Enhancement Program (EEP) will
provide all compensatory mitigation that is not satisfied by acceptable on-site
mitigation. The FHWA and NCDOT will review the environmental document for
adequacy as it relates to appropriate requirements.
Preliminary determinations about the Federal, state and local environmental
statutes and regulations that may apply to the LEDPA/preferred alternative will
be included within the final environmental document. If the project is within the
20 CAMA counties, then potentially relevant CAMA land use plan policies that
may apply to the LEDPA/preferred alternative will also be included within the final
environmental document.
10./ssue CE
NCDOT and FHWA will sign the title page of the environmental document.
Project Team members will be provided a copy of the CE.
11. Design Public Hearing (optional)
NCDOT may hold a Design Public Hearing. Team members are encouraged to
attend the public hearing to fully understand the public concerns. The USACE
and other team members will be invited to attend the public hearing.
12. Develop Right-of-Way Plans for the Project
After selection of the LEDPA /preferred alternative, the Location and Surveys
Unit and the Photogrammetry Unit perForm the final surveys and prepare the plan
sheets needed for the development of the right of way plans. Upon receiving the
plan sheets, the Design Engineers begins to develop the right of way plans for
the project. After the Design Engineers complete the horizontal and vertical
alignment refinement, the Hydraulics Unit begins the development of the
proposed drainage design and the Geotechnical Unit begins the detailed
Geotechnical investigations for the project. The drainage plans will depict the
boundaries of the affected environmental areas (wetlands, perennial and
intermittent streams, buffers, Coastal Area Management Act Areas of
Environmental Concern (CAMA AEC), etc.) (The Design Engineers will develop
the right of way plans following the alignment that was agreed upon at
Concurrence Point 3/4A). The Utilities Section will coordinate the determination
of the utility conflicts and the development of the utility relocation preliminary
designs with the utility owners and the Design Engineers.
13. Complete Righf-of-Way Plans for the Project
Upon receiving the completed hydraulic design for the project, NCDOT Design
Engineers incorporate the hydraulic design and establish the proposed right of
way limits for the project. The Structure Design Engineers begin to develop the
designs for bridges and culverts. The project is then reviewed with construction,
the Utilities Section, and right of way personnel to note any additional changes
that may be required. The right of way plans are completed and sent to the Right
of Way Branch to begin purchase of land required for the project.
14. NCDCM On-site Pre-applicafion Meeting
For projects within the 20 CAMA counties that require a CAMA major permit,
NCDOT staff will request an on-site pre-application meeting with the appropriate
NCDCM Field Representative. The purpose of this meeting is to review the
plans and/or permit drawings and information that will be submitted with the
CAMA permit application. This will ensure that when the CAMA major permit
application is formally submitted, it contains all of the information necessary for
processing. The purpose of this meeting is not to make changes to the project
design, construction methodology or construction timeframe.
Any potential changes to the project identified at this on-site pre-application
meeting will be discussed with the full Project Team at the 4C meeting prior to
approval.
15. Concurrence Point 4C — Permit Drawings Review
At the time the hydraulic design is 100 percent complete and the permit drawings
for the project are finalized, the Hydraulics Unit will hold a 4C meeting. -
At the 4C meeting, the Hydraulics Project Engineer will present copies of the
stormwater management plan to the Project Team members. A stormwater
management plan is a narrative, project-specific, stormwater design report. It
outlines project involvement, river basins, classifications of the involved water
bodies, selected structural and non-structural best management practices, best
management practice devices, and major structures (bridges and box culverts).
The final permit drawings for the permit application will also be reviewed and
revised based on comments received at this meeting. Any area where utility
relocations affect additional environmental resources beyond the footprint of the
roadway will be shown on the permit drawings and will be included in the impacts
presented in the application. In addition, if the project is within a CAMA
county(ies) and a CAMA Major Permit is required, then all utility locations that are
not included in the permit drawings will be described within the CAMA Major
Permit application either in narrative form or in a separate spreadsheet. The
level of detail of utility relocation information required with the CAMA Major
Permit application will be determined on a project-by-project basis at the NCDCM
on-site pre-application meeting.
The Hydraulics Engineer will record minutes of the meeting and will address the
team's comments. Changes will be made based on the team's comments. The
changes will be made in the permit drawings before the permit application is
sent. The Concurrence Form indicates that the Project Team agrees that the
drawings as presented are satisfactory to be submitted with the application.
(This does not supercede the regulatory review process.)
After the changes are incorporated, the Hydraulics Project Engineer will ask for a
signature of the Concurrence Form. The Concurrence Form will be detailed
enough to document and identify changes. Any changes to impacts to wetlands,
streams, buffers, or CAMA AECs that occur after the 4C document is signed will
require the Resource Agencies to revisit the design, and may require a new 4C
meeting. The NCDOT Permit Specialist will contact the agencies via email, letter,
phone call, or scheduling a meeting as appropriate to facilitate review of these
changes.
10
NCDOT will provide the current schedule. Any changes made to the schedule
since the last concurrence meeting will be presented along with the reasons for
the change. The agencies will present any issues that may impact the project
schedule. Needed revisions to the project schedule will be identified and
adjusted appropriately by NCDOT.
16. Compensatory Mitigation Requirements
Compensatory mitigation requirements will be identified based on final project
impacts.
In those events where on-site mitigation opportunities are available and
determined acceptable and/or necessary by the Project Team, the mitigation plan
and design will be developed in concert with the overall project design. Removal
of existing causeway fills is strongly encouraged to offset project impacts and/or
create mitigation credits for future project impacts. The on-site mitigation will be
developed and implemented by NCDOT in collaboration with the Project Team
and EEP. Under no circumstances will the project be permitted until such time
that the detailed on-site mitigation plan is complete and approved by the
permitting agencies.
Pursuant to the Memorandum of Agreement among the NCDOT, NCDENR, and
USACE, signed July 22, 2002, the Ecosystem Enhancement Program (EEP) will
provide all compensatory mitigation that is not satisfied by acceptable on-site
mitigation.
17. Submit Permit Application
ONE submits permit application(s) as appropriate to all of the agencies for which
permits are required. Permit application(s) will be submitted within two months
after the 4C meeting. The permit application package will vary according to each
agencies specific requirements.
18. Permit Application Review and Processing
Upon receiving the permit application from NCDOT, the permitting agency(ies)
will review the application for completeness. If the permit application is
determined to be incomplete, then the permitting agency(ies) will return the
application to NCDOT for additional information, and/or inform NCDOT of the
additional information that is required.
After the permitting agency(ies) determine that the permit application is complete,
then the permitting agency(ies) will assemble and distribute the application
package for comment to any designated review agencies. This process varies
according to the permit being requested.
11
If the permit application is found to be incomplete or inaccurate after processing
has begun, or if additional information from NCDOT is necessary to adequately
assess the project, then the permitting agency(ies) that have permit processing
deadlines may place an application on hold. NCDOT may also request in writing
that its permit application be placed on hold at any time. If the permit application
is placed on hold by the permitting agency(ies), then the processing shall be
resumed upon receipt of the necessary changes or necessary information from
NCDOT. If NCDOT requested that the permit application be placed on hold, then
the processing shall be resumed upon receipt of a written request from NCDOT
to resume processing.
During the permit application review and processing period, additional
discussions and/or meetings may be conducted between NCDOT and the
environmental agency(ies) to resolve any outstanding issues. The goal of the
agency coordination process, however, is to resolve all of these issues before the
permit application is submitted in order to prevent delays in construction letting.
19.Agency Public Notice (if requirec�
If required by law or otherwise determined to be appropriate, the permitting
agency(ies) will issue a Public Notice requesting comments from the public on
the permit application. For example, USACE is required to issue a Public Notice
for any project that requires an Individual Permit. The USACE Public Notice is
normally issued for a 30-day review and comment period. In such a case, the
Public Notice would have been issued after Step 6, Concurrence Point 2/2A.
However, if, in the opinion of the USACE, an additional public notice is warranted
due to changes in the project or new information, a second Public Notice will be
issued. NCDCM is required to issue a 30-day Public Notice after a permit
application is accepted as complete for any project that requires a CAMA Major
Permit. NCDWQ generally is not required to issue a separate Public Notice.
20. Permit Decision
After the relevant permitting agency(ies) have reviewed the permit application(s)
for compliance, and comments have been received and properly considered from
the public, as well as relevant state and federal review agencies, a permit
decision will be made. The permit decision may be in the form of an approval,
approval with conditions or denial. If a permit is issued, it will typically list specific
conditions or restrictions on the development. The project must be constructed
according to the permit conditions. A permit decision may be in the form of a
denial if the outstanding issues have not been resolved satisfactorily. A permit
denial is very unlikely for projects that follow the agency coordination process
provided that the full Project Team has reached concurrence at each
concurrence point.
�
After a permit decision is made by a state permitting agency, then the state
agency decision can be appealed by NCDOT or by a third party. If this occurs,
then the state permitting agency(ies) will respond according to their specific
requirements.
21. Changes to the Project's Design, Consfruction Methodology or
Construction Timeframe
If changes to the project's design, construction methodology or construction
timeframe are needed at any time, then additional coordination with the relevant
environmental agency(ies) will be required. This includes the agencies that have
permit authority over the project, as well as any other agencies that implement
federal, state and local environmental statutes and regulations that apply to the
project. If changes occur after the permit decisions are made, then these
changes may require the submittal of a request for a modification, amendment,
Letter of Refinement or renewal to the relevant permit(s). A primary goal of the
agency coordination process is to greatly reduce, and eliminate if possible, the
number of changes that may require additional coordination with the
environmental agency(ies) after the original permits are issued. Permit
modifications, in particular, are very time-consuming and problematic for all
concerned parties due to the relatively short timeframe required for resolution.
It is the responsibility of NCDOT, not the Contractor, to conduct any additional
coordination that may be required with the relevant environmental agency(ies).
Coordination with the relevant environmental agencies, including the submittal of
any required permit modification requests, should occur at least 2-3 months
before the work in question must be conducted to allow adequate time for
processing. When reviewing the request, the relevant environmental agency(ies)
may request additional information before making a decision. The decision may
be in the form of an approval, approval with conditions or denial.
22. Complete Final Plans for the Project
During the course of the right of way acquisition, the Design Engineers will begin
to develop the final plans for the project. The final design is a very detailed
design that also includes computing and summarizing the contract quantities
required for the project, incorporating right of way revisions, compiling plans from
various Units (Traffic Engineering Branch, Roadside Environmental Unit, Utilities
Section, etc.) and incorporating them in the project. NCDOT will ensure that
construction drawings match the permit plan drawings and permit conditions,
including any permit modifications.
13
23. Let Project to Construction
The project is advertised so that all interested contractors can bid on the project.
The bids are opened on the project letting date. After receiving bids, the project
is considered for award by the Board of Transportation. The Board then usually
awards the contract to the low bidder and construction will usually start
approximately 45 days after the contract is awarded. The contractor will be
bound to the permit conditions and any environmental commitments that were
developed during the agency coordination process and environmental
documentation.
24. Preconstruction Meeting
After the contract is awarded, and prior to the initiation of construction, NCDOT
and the Contractor will hold a preconstruction meeting. NCDOT will provide all
Project Team members with a copy of the final plans at least 2 weeks prior to the
preconstruction meeting along with a description of any changes that have been
made to the project's design, construction methodology or construction
timeframe. The purpose of this meeting is to review the final plans and the
contents of the bid package, including any permit conditions and environmental
commitments. The preconstruction meeting will be scheduled for a time when the
USACE, NCDWQ and NCDCM (if a CAMA major permit was issued) can attend.
All of the Project Team members will be invited to the preconstruction meeting
with a minimum of thirty (30) days notice.
25. Compliance Monitoring
The NCDOT Division Engineer will ensure that all permits, permit conditions and
associated documents are readily available on site at all times. The Division
Engineer is responsible for ensuring that all federal, state and local
environmental statutes and regulations are adhered to after the project is let,
including any permit conditions and environmental commitments. The Division
Environmental Officer will provide assistance to the Division Engineer in meeting
these requirements. Representatives from USACE, NCDCM, NCDWQ and other
environmental agencies may visit the project site, including any disposal or
borrow areas, at any time to conduct compliance inspections.
26. Projecf Completion
All work, including compliance with environmental conditions, must be completed
prior to the expiration date of the permits. If necessary, a permit renewal may be
requested. The decision to renew a permit may be in the form of an approval,
approval with conditions or denial depending upon the relevant agency(ies)
specific requirements. Renewal (extension) of permits must occur before the
permits expire.
14
Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, NCDOT will return
the Certificate of Completion to the NCDWQ 401/Wetlands Unit after obtaining
the Division Engineer's signature.
Upon completion of all work, the Division Engineer and Division Environmental
Officer will sign and return the USACE compliance form to the USACE.
15
A endix A:
pp
Mer er Pro'ect Team
J J
Meeti n I nformation
g
Appendix A
Merqer Pro�ect Team Meetinq Information
INTRODUCTION
The following guidance is intended to aid Project Development Engineers in
preparing for merger project team meetings for concurrence points 1, 2, 2A, 3, 4A. 4B,
and 4C. This guidance details information to be presented at each of these concurrence
points and should be used in conjunction with the Merger O1 Implementation Guidelines
for Processes I(New Location Projects) and II(Widening Projects). The differences in
these two processes in terms of information needed at each concurrence point are noted.
The goal of this guidance is to provide more consistency in terms of information
presented at project team meetings and to reduce the number of follow-up meetings due
to lack of adequate information. The guidance is also intended to inform other project
team members what information to expect at each type of concurrence meeting.
CONCURRENCE POINT 1— PURPOSE AND NEED AND STUDY AREA
DEFINED
The following information should be presented at Concurrence Point 1 project
team meetings. Depending on the purpose of a project, different data should be
presented. Below is a list of information that should be presented far all projects as well
as a listing of information that should be presented depending on the purpose of the
proj ect.
Information Presented For all Proiects
• Preliminary limits of study area on Environmental Features Map
• Existing traffic and future no-build average daily traffic
• Environmental Features Map — See "Environmental Features Map" section of this
guidance for information to include on this map. For both new location and widening
projects, information presented on the environmental features map at this point will be
gathered from readily available sources such as GIS, aerial photography and databases.
• Summary of any information or comments from the public concerning purpose and
need and community concerns (if available).
• Any other readily available information which may aid in justifying the project's
purpose and need.
Information Presented for Proiects dependin� on the Purpose
Purpose: Capacity Deficiencies (LOS)
Present the following:
• Capacity analysis of existing conditions
Present one or more of the following if needed to better explain purpose:
• Inter-modal relationships including bicycle/pedestrian systems, transit,
port facilities, HOV lanes, and airport facilities
• Other area TIP projects
• Functional Classification
• Project history and background information including community
issues.
• Photographs
• Roadway geometric deficiencies and accident history
• Area Transportation Plan (Local, State, Federal)
• Land use plans
Purpose: Safety
Present one or more of the following:
• Roadway geometric deficiencies and accident history
• Emergency evacuation needs
• Predictive models (as available)
• Location of accidents
• Physical Condition of structures
Present one or more of the following if needed to better explain purpose:
• Inter-modal relationships including bicycle/pedestrian systems, transit,
port facilities, HOV lanes, and airport facilities
• Other area TIP projects
•Functional Classification
• Project history and background information including community
issues.
• Photographs
• Area Transportation Plan (Local, State, Federal)
• Land use plans
• Capacity analysis of existing conditions
• Recent safety improvements
2
Purpose: System Linkage/Travel Time/Access Needs
Present one or more of the following:
• Roadway Network Discontinuity
• Travel time comparison
• Travel demand (Origin-Destination studies)
• Intra-state/Strategic Corridor System (Intra-State, Interstate, NHS, etc.)
• Military/Homeland Security needs
• Access needs
Present one or more of the following if needed to better explain purpose:
• Inter-modal relationships including bicycle/pedestrian systems, transit,
port facilities, HOV lanes, and airport facilities
• Other area TIP projects
• Functional Classification
• Project history and background information including community
issues.
• Photographs
• Roadway geometric deficiencies and accident history
• Area Transportation Plan (Local, State, Federal)
• Land use plans
• Capacity analysis of existing conditions
Purpose: Traffic Compatibility (i.e. Trucks in downtown area)
Present one or more of the following:
• Roadway geometric deficiencies and accident history (Truck accident
rates)
• Community issues (vibration, time of operation, noise, etc..)
• Trucking data from local businesses
• Pedestrian conflicts
Present one or more of the following if needed to better explain purpose:
• Inter-modal relationships including bicycle/pedestrian systems, transit,
port facilities, HOV lanes and airport facilities
• Other area TIP projects
• Functional Classification
3
• Project history and background information including community
issues.
• Photographs
• Land use plans
• Area Transportation Plan (Local, State, Federal)
• Capacity analysis of existing conditions
Purpose: Legislative Mandate
Present one or more of the following:
• Intra-State System
• Interstate System
• Other Congressional/Legislative designation
• Area Transportation Plan (Local, State, Federal)
Present one or more of the following if needed to better explain purpose:
• Inter-modal relationships including bicycle/pedestrian systems, transit,
port facilities, HOV lanes, and airport facilities
• Other area TIP projects
• Functional Classification
• Project history and background information including community
issues
• Existing traffic and future no-build average daily traffic
• Roadway geometric deficiencies and accident history
• Land use plans
• Capacity analysis of existing conditions
Purpose: Economic Development/Land Use Changes
Present one or more of the following:
• Area Transportation Plan (Local, State, Federal)
• Land use plans
• Areas of interest to local citizens and elected officials
• Economic initiatives/plans
• Economic demographics
• Prospective/existing development needs (New employment, schools,
recreation centers, etc...)
• Department of Commerce data (if available)
• Plans for supporting infrastructure
4
Present one or more of the following if needed to better explain purpose:
• Inter-modal relationships including bicycle/pedestrian systems, transit,
port facilities, HOV lanes, and airport facilities
• Other area TIP projects
• Functional Classification
• Project history and background information including community
issues.
• Photographs
• Roadway geometric deficiencies and accident history
• Capacity analysis of existing conditions
CONCURRENCE POINT 2— DETAILED STUDY ALTERNATIVES CARRIED
FORWARD
At Concurrence Point 2, the project team will decide on alternatives to carry
forward. For new location projects, NCDOT will present preliminary study corridors
based on functional designs as a starting point for alternative discussion. The project
team will then decide to eliminate or add additional alternatives. For widening projects,
NCDOT will present the results of detailed field surveys in order for the team to
determine alternative widening scenarios. The following information will be presented at
Concurrence Point 2 meetings depending on project type:
New Location Proiects
Environmental Features Map: See "Environmental Features Map" section within this
guidance. The environmental features map will contain preliminary alternative
corridors based on functional designs. Information presented in the Environmental
Features Map at this point will be readily available information from sources such as
GIS, aerial photography and databases.
- Public and local official comments obtained from early public involvement
A qualitative discussion of operational/geometric/safety concerns of alternatives, if
identified.
Preliminary alternatives table based on latest available resources and the functional
design construction limits and/or right of way limits with the following information:
• Length
• Interchanges (Number)
• Number of railroad crossings (Type — at grade or grade separation)
• Schools (Number)
• Parks (Number)
• Churches (Number)
• Cemeteries (Number)
• Major Utility Conflicts (Yes or no)
• Recorded Historic Sites (Number)
• Known Federal Listed Species Habitat (Natural Heritage Program) (Number)
• 100 Year Floodplain and Floodway Impacts (Yes or no)
• Residences (Number)
• Businesses (Number)
• Hazardous material sites (Gas Stations, hog farms, superfund sites) (Number)
• NWI wetland impacts (Number of crossings and acreage within functional
design construction limits): Where available, data from the N.C. Division of
Coastal Management's GIS-based wetland inventory should be used.
• Stream impacts from quad sheets or soil survey maps (number of crossings and
length within functional design construction limits)
• Potential Riparian Buffer Impacts (Yes or no)
• Water Supply Critical Areas (Yes or no)
• Greenway Crossings (Number)
• Potential Section 4(� Impacts (Yes or no)
• Low income or minority populations (Yes or no)
Wideninq Proiects
Environmental Features Map: See "Environmental Features Map" section within this
guidance. The environmental features map will contain a preliminary alternative
corridor (study area) which is large enough to encompass all potential widening
scenarios and typical sections. Environmental information displayed on the
environmental features map will be delineated and verified. Preliminary designs are
not required at this concurrence point.
- A table of potential impacts (rough estimate of widening impacts on 1 side of the
existing road verses the other side) may be provided if the PDEA Project Engineer
feels this information would facilitate the identification of alternatives.
- Public and local official comments obtained from early public involvement
- Suggested alternative typical section(s) with supporting information (qualitative
andlor quantitative discussion)
CONCURRENCE POINT 2A — BRIDGING AND ALIGNMENT REVIEW
FOR NEW LOCATION AND WIDENING PROJECTS
At Concurrence Point 2A, the project team will identify bridge locations and lengths,
and determine which natural resources warrant additional avoidance measures. The team
will review the preliminary designs to identify any changes that may be needed before
finalization of the preliminary engineering and completion of the environmental
document. Additionally, the need for eXpensive structural items such as wildlife
crossings, large retaining walls, special pedestrian accommodations, etc. .. will be
considered at this time. For both new location and widening projects, preliminary design
data for each alternative will be presented and all potential impacts will be field
delineated and verified. For widening projects, this concurrence also_includes alignment
refinement, alternative elimination, selecting the hydraulic structure to be carried forward
at each stream crossing, and selecting which typical section(s) and widening scenarios to
carry forward. The following information should be presented at Concurrence Point 2A
for both new location and widening projects:
Hydraulic Table: This table will provide NCDOT's proposed hydraulic
recommendations for each alternative at the major stream crossings. The wetland and
stream crossings will be numbered to correspond with any corresponding mapping.
The stream crossings will be named and numbered. The following information will
be included:
• Type of proposed structure (bridge or culvert)
• Dimensions of proposed structure (length and width)
• Net Cost of structure (including removal, earthwork, etc
• Stream classification
• Stream name
• Wetland rating and type
• Impacts to wetlands and streams (Separate tabulations for earthwork impacts and
and area under bridge deck)
• Intermittent or Perennial?
• Existing channel dimensions
• Type and size of existing structure if applicable
• Zone 1 riparian buffer impacts (sq. ft.)
• Zone 2 riparian buffer impacts (sq. ft.)
- Environmental Features Map: See "Environmental Features Map" section of this
guidance. At this point, information included on the map will be iield verified and
delineated for both new location and widening projects. Preliminary design data
(construction limits or right of way limits) will be included within each
concurred-upon study corridor. Also, potential service road locations and potential utility
impacts will be presented as well as proposed control of access. The PDEA Project
Engineer may choose to present (in addition to the environmental features map) the
preliminary designs on preliminary mapping along with the potential environmental
impacts if this type of mapping would better facilitate discussions at this concurrence
point.
- Hydraulic conveyance recommendations at major stream crossings as proposed by_
Hydraulics Unit. A stream crossing is considered majar if the existing or proposed
box culvert is 6'x 6' (72" pipe) or greater or there is an existing or proposed bridge.
- Information on existing structures upstream and downstream of each crossing if those
structures could influence the hydraulic recommendation.
- Public Involvement Comments from workshops, group meetings, or public official
meetings.
- A qualitative discussion of operationaUgeometric/safety concerns of alternatives, if
identified.
- Interchange justification discussion: The need for interchanges should be discussed as
appropriate on a case by case basis.
- A discussion of potential wildlife crossings
- Preliminary alternatives table with identified and quantified impacts based on each
alternative's construction limits and field studies for both new location and widening
projects. The following impacts will be noted for each alternative if applicable-:
• Length
• Interchanges (number)
• Railroad crossings (Number)
• Schools (Number)
• Recreational areas and parks (Number)
• Churches (Number)
• Cemeteries (Number)
• Major Utility crossings (Number)
• Historic Properties (Number)
• Archaeological Sites (Number)
• Federal Listed Species Present Within Corridor (Yes or no)
• State Listed Species (Yes or no) — Readily available information only, no detailed
field surveys
• 100 Year Floodplain and floodway Crossings (Number)
• Forest Impacts (Acreage)
• Prime Farmlands (Acreage) — From Conservation Service Form AD 1006
• Potential Residential Relocations (Number)
• Potential Business relocations (Number)
• Hazardous material sites (Number and type:RCRA, CERCLA, UST, etc. if known)
• Delineated wetland impacts (Number of crossings and Acreage)
• Delineated stream impacts (Number of crossings and length)
• CAMA Areas of Environmental Concern (# Crossings and Acreage)
• Riparian buffer impacts for Zone 1 and Zone 2(sq. ft.)
• Water Supply Watersheds (Yes or No)
• Wildlife Refuges and gamelands (Yes or No)
• On-site restoration potential (Yes or No, if known)
• Impacted noise receptors (Number)
• Section 4(� impacts (Number)
• Federal Lands (Yes or No)
• Low income population impacts (Number of relocatees and communities)
• Minority population impacts (Number of relocatees and communities)
� Significant Natural Heritage Program Areas (Number of Crossings)
• Right of way cost estimate
• Construction cost estimate
• EXisting and proposed greenway crossings (Number)
CONCURRENCE POINT 3— LEDPA SELECTION
NEW LOCATION AND WIDENING PROJECTS
At the Concurrence Point 3 meeting, the project team will concur on the least
environmentally damaging practicable alternative (LEDPA). For both new location and
widening projects, preliminary design data for each alternative will be presented and all
potential impacts will be delineated and verified. The following information should be
presented at Concurrence Point 3:
Environmental Features Map: See "Environmental Features Map" section of this
guidance. At this point, information included on the map will be delineated and verified
for both new location and widening projects. Completed and minimized preliminary
designs (construction limits or right of way limits) with concurred upon hydraulic
recommendations from Concurrence Point 2A will be included within each
concurred-upon study corridor. Additionally, potential service road locations, type of
access control, and major utility relocations will be included in the preliminary designs.
The PDEA Project Engineer may choose to present (in addition to the environmental
features map) the preliminary designs on preliminary mapping along with the potential
environmental impacts if this type of mapping would better facilitate discussions at this
concurrence point.
- Updated Preliminary Alternatives Table (Same as Concurrence Point 2A)
- Brief summary of previous project team decisions
- Minimization efforts to date with calculated impact reductions
- Substantive comments received from agencies and the public during the document
review, public hearing, and public notice relative to LEDPA selection with NCDOT
responses.
- A qualitative discussion of operational/geometric/safety concerns of alternatives, if
identified
- Capacity analyses and traffic counts for each alternative for projects with capacity
needs as a component of the purpose.
- The results of preliminary geotechnical reconnaissance (if available)
- A discussion of constructability constraints, if known (soils, severe terrain, etc
CONCURRENCE POINT 4A — AVOIDANCE AND MINIMIZATION
NEW LOCATION AND WIDENING
At the concurrence point 4A meeting, the project team will review the preliminary
design for the LEDPA and concur on avoidance and minimization by addressing issues
such as minor alignment shifts, horizontal and vertical alignment, slopes and construction
techniques. In addition, service road locations and utility relocations should be reviewed
for avoidance and minimization. For projects where bridge length and location were not
previously agreed to, a decision on these parameters will be included. The preliminary
design of the LEDPA will be presented within the concurred-upon study corridor for new
location projects. The preliminary design of the selected alternative will be presented for
widening projects. The following information should be presented at Concurrence Point
4A:
Environmental Features Map: See `Bnvironmental Features Map" section of this
guidance. The preliminary design (construction limits or right of way limits) with
service road locations, utility relocations, control of access, and typical section(s) will be
presented within the selected LEDPA study corridor for new location projects. The
PDEA Project Engineer may choose to present (in addition to the environmental features
map) the preliminary design on preliminary mapping along with the potential
environmental impacts if this type of mapping would better facilitate discussions at this
concurrence point.
io
- Recommendations from Concurrence Point 2A concerning bridge lengths and culvert
recommendations
- A discussion of avoidance and minimization efforts to date.
- If the team did not concur on bridge lengths or culvert requirements at Concurrence
Point 2A, the team should do so at this point. All information listed for Concurrence
Point 2A (above) which pertains to structure decisions should be presented for the
LEDPA alternative at the 4A meeting, in this case.
- Other impacted resource issues will be addressed as appropriate.
- Wetland and surface water impact tables. Each stream and wetland resource site
should be numbered on the preliminary design corresponding to the number given in
the impacts tables. The tables should provide the following information:
Stream Impacts Table
• Stream site number
• Perennial or Intermittent
• Best Usage Classification
• Stream Width
• Stream Depth
• Impacted Length
• Zone 1 Buffer Impacts (if applicable)
• Zone 2 Buffer Impacts (if applicable)
• Stream Name
Wetland Impacts Table
• Wetland site number
• Wetland Type (Cowardin Classification)
• DWQ Rating (Scare)
• Riverine or Non-Riverine
• Isolated or Adjacent?
• Impacts in Acres
CONCURRENCE POINT 4B - HYDRAULIC DESIGN REVIEW
At the concurrence point 4B meeting, a Hydraulics design engineer will lead the team to
review the preliminary hydraulic and drainage design plans including the following:
• Boundaries of the affected environmentally sensitive areas
• Existing drainage structures
• Deficiency of existing structures, such as perched, buried culverts, etc.
• Degraded streams, such as eroded banks, scour holes, etc.
• Layout of proposed drainage structures and stormwater BMP designs
• Proposed hazardous spill retention basins
• Proposed type A silt retention basins
u
• Proposed bridge survey reports
• Proposed culvert survey reports
• FEMA flood insurance compliance
• On-site stream and/or wetland mitigation candidate sites
Preliminary recommendation of construction method for the proposed bridges and
culverts will also be discussed in the 4B meeting. It includes:
• Preliminary types of bridge superstructure
• Preliminary location and types of bridge substructure
• Preliminary types of construction method (top-down construction, temporary work
bridges, temporary rock causeways, etc.)
• Bottomless box culverts
• Sills and/ar baffles inside culverts
CONCURRENCE POINT 4C — PERMIT DRAWINGS REVIEW
After the 4B meeting, the Hydraulics design engineers will incorporate agencies'
comments into their final hydraulic and drainage designs. Then the design engineers will
hold the final design field inspection to review the design plans with Division
construction, Roadside Environmental, Right of Way, Utility personnel. The design
engineer will then complete the final hydraulic and drainage designs, develop draft
permit drawings and hold the 4C meeting with the resource agencies. At the 4C meeting,
the Hydraulics engineer will present the team with project specific stormwater
management plan as well as all permit-related issues as follows:
• Impacts to the wetlands
• Impacts to the jurisdictional surface waters
• Impacts to the riparian buffer zones
• Impacts to the wetland by roadway ditches
• Natural stream designs
• Riparian buffer rule compliance
• Final recommendation of construction methods for bridges and culverts
• Location of diversion channels for culvert construction
• Construction easement
• Temporary impacts to wetlands and streams
• Impacts to wetlands and streams by utilities
• Final recommendation of hazardous spill retention basins
�2
MAJOR DIFFERENCES BETWEEN NEW LOCATION AND WIDENING
PROJECTS
This section explains the major differences between new location and widening
projects in terms of information to be presented at each project team meeting.
Concurrence Point 1:
Orthophotography will be used as the base mapping for new location projects. Digital
aerial photography will be used as the base mapping for widening projects.
Concurrence Point 2:
For new location projects, all information presented will be based on readily available
information from sources such as GIS, databases, and aerial photography. Potential
impacts will not be field delineated. NCDOT will present preliminary alternative
corridors based on functional designs for the project team to consider at this point.
Far widening projects, all potential project impacts will be delineated and verified.
NCDOT is not required to present preliminary design alternatives at this point, but the
PDEA Project Manager should be prepared to discuss NCDOT-suggested widening
scenarios. The PDEA Project Manager will present NCDOT-suggested typical sections
with supporting capacity and safety data.
Concurrence Points 2A. 3. and 4A:
There is no difference in the two processes in terms of information presented at these
concurrence points.
ENVIRONMENTAL FEATURES MAP
The environmental features map is a continuously updated visual aid to help
project team members locate infrastructure and environmental resources within the
project area. Initially, this map will consist of readily available information based on
sources such as GIS, databases, and aerial photography. The information contained in this
mapping is then updated, as more information becomes available due to detailed field
surveys and technical reports as the project progresses.
13
The environmental features map should consist of orthophotography for new
location projects (or digital mosaic for widening projects) as a base map with overlaid
designs (depending on concurrence point) and information from GIS sources, databases,
field surveys, and technical reports. The following information should be included
depending on type of project:
New Location Proiects
• Study area
• Topography (Separate quad sheet may be necessary)
• Labeled community features (boundaries, schools, churches, community
centers, hospitals, transit dependent areas, demographics, potential environmental
justice areas, worship centers, cemeteries, etc.)
• 100-Year Floodplain and Floodway limits (If available digitally)
• Known historic properties and possible areas of archaeological concern: Field
delineated starting with the Concurrence Point 2A meeting.
• Wetlands, Streams, and buffers (including stream names if known): Field
delineated starting with the Concurrence Point 2A meeting. (Use DCM GIS-
based wetland inventory when available)
• CAMA Areas of Environmental Concern: Present at Concurrence Point 2A
and beyond
• River basins (Boundary lines if located within study area)
• Water supply watersheds
• Wildlife Refuges and game lands
• Recreational areas, parks and greenways
• Federal Lands as identified in GIS
• Known hazardous material sites
• Known threatened and endangered species information: Field verified starting
with the Concurrence Point 2A meeting.
• Known State-Listed species information: From readily available sources only.
No field surveys are conducted for these species.
• Significant Natural Heritage Program Areas
• Major Utilities: Presented at the Concurrence Point 2A meeting and
beyond.
• Prime and important farmland: Presented at the Concurrence Point
2A meeting and beyond.
• Study corridors with functional designs: Included at Concurrence Point 2
meeting only.
• Preliminary designs (Construction limits and right of way limits) within all
study corridors: Presented at Concurrence Points 2A and 3 only.
• Preliminary designs (Construction limits and right of way limits) of LEDPA:
Presented at Concurrence Point 4A only.
• Control of access limits: Presented at Concurrence Point 2A and beyond.
• Obvious service road locations: Presented at Concurrence Point 2A and
beyond.
14
Wideninq Proiects
• Study area
• Topography (Separate quad sheet may be necessary)
• Labeled community features (boundaries, schools, churches, community
centers, hospitals, transit dependent areas, demographics, potential environmental
justice areas, worship centers, cemeteries, etc..)
• 100-Year Floodplain and Floodway limits (If available digitally)
• Known historic properties and possible areas of archaeological concern: Field
delineated starting with Concurrence Point 2 meeting.
• Wetlands, Streams, and buffers: Field delineated starting with Concurrence
Point 2 meeting. (Use DCM GIS-based wetland inventory when possible.)
• CAMA Areas of Environmental Concern: Presented at Concurrence Point 2
and beyond.
• River basins (Boundary lines if located within study area)
• Water supply watersheds
• Wildlife Refuges and game lands
• Recreational areas, parks and greenways
• Known hazardous material Sites
• Known threatened and endangered species information: Field verified starting
with Concurrence Point 2 meeting.
• Known State-Listed species information: From readily available sources only.
No field surveys are conducted for these species.
• Significant Natural Heritage Program Areas
• Major Utilities: Presented at Concurrence Point 2 and subsequent
concurrence meetings.
• Prime and important farmland: Presented at Concurrence Point 2 and
subsequent concurrence meetings.
• Preliminary designs (Construction limits and right of way limits) within the
study corridor: Presented at Concurrence Points 2A and 3 only.
• Preliminary design (Construction limits and right of way limits) of LEDPA:
Presented at Concurrence Point 4A only.
• Control of access limits: Presented at Concurrence Point 2A and beyond.
• Obvious service road locations: Presented at Concurrence Point 2A and
beyond.
15
A endix B:
pp
Im lementation
p
G u idance for Confl ict or
Dis ute Resolution
p
L'4�'�.�i'h?�?�'I`A'TrlClh� ��..1�DA'��
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C�]�TF�ICT �R �75�� ����i I�1�I�
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A endix C:
pp
NOAA and DMF
Partici ation i n Coastal
p
Plai n Cou nties
Appendix C
NOAA and DMF Participation in Coastal Plain Counties
Contact NOAA and DMF in these counties to determine their participation on Project
Team:
Beaufort
Bertie
Bladen
Camden
Currituck
Carteret
Chowan
Columbus
Craven
Cumberland
Dare
Duplin
Edgecombe
Gates
Greene
Harnett
Hertford
Hoke
Hyde
Johnston
Jones
Lee
Lenoir
Martin
Moore
Nash
New Hanover
Northhampton
Onslow
Pamlico
Pasquotank
Pender
Perquimans
Pitt
Robeson
Sampson
Scotland
Tyrell
Washington
Wayne
Wake