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HomeMy WebLinkAbout20090372 Ver 1_Reports_20090109NC 210 (Murchison Road) From the Proposed Fayetteville Outer Loop (TIP Projects U-2519 & X-0002) to NC 24-87-210 (Bragg Boulevard) in Spring Lake Cumberland County Federal-Aid Project STP-210(11) WBS Element 36492 12 TIP Project U-4444 ADMINISTRATIVE ACTION FINDING OF NO SIGNIFICANT IMPACT U S Department of Transportation Federal Highway Administration And N C Department of Transportation Division of Highways Submitted pursuant to 42 U S C 4332(2)(C) APPROVED bM Date +L-Division John F Sullivan III, P E Administrator, FHWA 4 4 Spy D e / Gregory J Thorpe, PhD w Manager, Project Development and Environmental Analysis Branch, NCDOT NC 210 (Murchison Road) From the Proposed Fayetteville Outer Loop (TIP Projects U-2519 & X-0002) to NC 24-87-210 (Bragg Boulevard) in Spring Lake Cumberland County Federal-Aid Project STP-210(11) WBS Element 36492 12 TIP Project U-4444 FINDING OF NO SIGNIFICANT IMPACT ' Documentation Prepared By H W Lochner, Inc L?10? Brian Eason, P E 1 For the North Carolina Department of Transportation ?? "I" 4 es A McInnis Jr, E Project Engineer SEAL 25523 ? a °°°'° V K e o 6 s C, o TABLE OF CONTENTS PROJECT COMMITMENTS I TYPE OF ACTION II DESCRIPTION OF ACTION III RECOMMENDED ALTERNATIVE IV SUMMARY OF ENVIRONMENTAL EFFECTS V COMMENTS AND COORDINATION A DISTRIBUTION OF THE ENVIRONMENTAL ASSESSMENT B COMMENTS ON THE ENVIRONMENTAL ASSESSMENT C PUBLIC HEARING D NEPA/404 MERGER PROCESS VI REVISIONS TO THE ENVIRONMENTAL ASSESSMENT A ROADWAY CROSS-SECTION AND ALIGNMENT B IMPACTS TO WETLANDS AND SURFACE WATERS C AVOIDANCE, MINIMIZATION & MITIGATION D FEDERALLY PROTECTED SPECIES E ARCHAEOLOGICAL RESOURCES F UTILITIES G CORRECTIONS TO ENVIRONMENTAL ASSESSMENT VII BASIS FOR FINDING OF NO SIGNIFICANT IMPACT FIGURES Figure 1 - Project Location Map Figure 2 - Alternative 2 Diagram Figure 3 -Typical Sections TABLES Table 1- Alternatives Impact Summary Table 2 -Jurisdictional Wetlands Table 3 -Jurisdictional Streams Table 4 - Federally Protected Species for Cumberland County Table 5 - Summary of Red-Cockaded Woodpecker Foraging Habitat Analysis Table 6 - Power Line Option Comparisons Table 7 - Correction to Table 2 of EA - Cost Estimates I 1 4 6 8 8 8 13 14 16 16 16 18 20 22 22 23 25 APPENDIX A - Agency Comments on the Environmental Assessment C 7 PROJECT COMMITMENTS NC 210 (Murchison Road) From the Proposed Fayetteville Outer Loop (TIP Projects U-2519 & X-0002) to NC 24-87-210 (Bragg Boulevard) in Spring Lake Cumberland County Federal-Aid Project STP-210(11) WBS Element 36492 12 TIP Project U-4444 Roadway Design Unit/Traffic Engineering Branch ' Traffic signal preemption for emergency vehicles and an emergency vehicle crossover on Bragg Boulevard at Spring Avenue will be investigated during final design in order to improve response time for emergency vehicles between downtown Spring Lake and the ' eastern side of Bragg Boulevard ' Hydraulics Unit Drainage for the southbound lanes of Murchison Road between the railroad grade ' separation and Gruber Road will be discharged into a grassed ditch or natural swales on the west side of Murchsion Road The ditch or swale will provide treatment for ' stormwater before it flows into Little Cross Creek In the vicinity of RCW Cavity Tree 06542 (located approximately 1,950 feet east of ' Murchison Road), the proposed ditch along the north side of Honeycutt Road will be reduced to 8 feet ' In the vicinity of RCW Cavity Tree 0777E (located approximately 3,500 feet north of Honeycutt Road), the proposed ditch along the east side of Murchison Road will be ' reduced to 12 feet n ' Finding of No Significant Impact-U-4444 December 2008 ' 1 Page 1 of 2 Roadway Design Unit The steepest practicable slopes (3 1 with guardrails) will be used in wetland areas Between Gruber Road and the railroad grade separation south of Honeycutt Road, the shoulder width will be reduced to six feet (four feet paved), in order to minimize impacts to red-cockaded woodpecker foraging habitat, wetlands and streams Utilities Unit Additional minimization measures will be examined for the relocation of the power transmission line which crosses Murchison Road at Honeycutt Road in order to minimize impacts to red-cockaded woodpecker foraging habitat Finding of No Significant Impact-U-4444 December 2008 Page 2 of 2 11 n FINDING OF NO SIGNIFICANT IMPACT PREPARED BY THE PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS BRANCH NORTH CAROLINA DEPARTMENT OF TRANSPORTATION IN CONSULTATION WITH THE FEDERAL HIGHWAY ADMINISTRATION 1. TYPE OF ACTION This is a Federal Highway Administration (FHWA) Finding of No Significant Impact (FONSI) The FHWA has determined that this project will have no significant impact on the human environment This Finding of No Significant Impact is based on the August 4, 2008 Environmental Assessment (EA) for TIP Project U-4444, which has been independently evaluated by the FHWA and determined to adequately and accurately discuss the need, environmental issues and impacts of the proposed project and appropriate mitigation measures It provides sufficient evidence and analysis for determining that an Environmental Impact Statement (EIS) is not required The FHWA takes full responsibility for the accuracy, scope and content of the Environmental Assessment II DESCRIPTION OF ACTION I J The proposed project involves widening existing NC 210 (Murchison Road) between the proposed Fayetteville Outer Loop (TIP Project X-2) and NC 24-87 (Bragg Boulevard) in Spring Lake to six lanes and upgrading the roadway to a freeway In addition to the widening, the existing Honeycutt Road intersection will be converted to an interchange and Randolph Street will be extended to NC 210 and an interchange constructed Work will also be required along existing NC 24-87-210 (Bragg Boulevard) in Spring Lake between the NC 210 (Murchison Road) intersection and the NC 210 (Lillington Highway) intersection in order to transition from the proposed freeway Figure 1 shows the project's location The project is identified in the NCDOT's approved 2009 to 2015 Transportation ' Improvement Program (TIP) as Project U-4444 Project U-4444 has been divided into smaller projects for right of way acquisition and construction TIP Project U-4444A extends from the proposed Fayetteville Outer Loop to the Fort Bragg boundary and TIP ' Project U-4444B extends from the Fort Bragg boundary to the intersection of Bragg 1 Boulevard with NC 210 (Lillington Highway) Right of way acquisition for Project U-4444A and construction for Project U-4444AA (proposed Fayetteville Outer Loop to north of Honeycutt Road) are scheduled for federal fiscal year 2009 Construction for Project U-4444AB (north of Honeycutt Road to the Fort Bragg boundary) and Right of way acquisition and construction for Project U-4444B are currently unfunded in the TIP 2 Fo Bragg ? ?_ z1o ? ? ? l - ° tie cu -- Y WRd O 24 I - - 210 1 - 401, r N _ W E -7r S Miles 0 05 1 - 1*4 North Carolina Department of Transportation- NC 210 Improvement Study - Cumberland County, NC T I P No U-4444 WBS No 36492 Figure 1 Project Vicinity III. RECOMMENDED ALTERNATIVE Two alternatives were studied in detail for the project (see Section 3 3 of the Environmental Assessment) Both alternatives involve widening existing NC 210 (Murchison Road) to six lanes and upgrading the roadway to a freeway Alternative 1 would provide interchanges at Honeycutt Road, Randolph Street and Butner Road Alternative 2 would only provide interchanges at Honeycutt Road and Randolph Street Alternative 2 is the recommended Alternative Alternative 2 was selected because it will affect fewer homes, fewer businesses, less red-cockaded woodpecker foraging habitat and will cost substantially less than Alternative 1 As shown in Figure 2, Alternative 2 involves widening Murchison Road to six lanes with a 22-foot median and providing interchanges at Honeycutt Road and Randolph Street --This-alternative-would-remove all access-to-Butner Road-from-Murchison Road --------- Figure 2 At Honeycutt Road, a tight diamond interchange will be provided, with Murchison Road carried over Honeycutt Road The interchange has a tight diamond configuration west of Murchison Road and minimizes impacts to the adjacent CSX Railroad,_ parallel to - - - - - -- - Murchison Road A- loop and ramp in the southeast quadrant minimize the impacts to the wetland system-located dust north of this location Murchison Road will be shifted to the east This facilitates the construction of the interchange while traffic - is maintained on existing location At Randolph Street, a semi-directional- interchange with_a loop-ramp located in the northeast quadrant will be provided Randolph Street will be carried over Murchison Road -This interchange incorporates free flowing ramps 4 f in the northwest and southwest quadrants, a free-flowing loop onto Randolph from northbound Murchison and a free-flowing low speed ramp onto Murchison from ' Randolph ' As discussed previously, all access to Butner Road from Murchison Road will be eliminated with this alternative Butner Road traffic will utilize existing Bragg Boulevard to Randolph Street, and then utilize the Randolph Street Interchange with Murchison ' Road This alternative requires Bragg Boulevard to remain open between Randolph Street and Butner Road In addition, access to the State Veterans Cemetery will be ' granted from Bragg Boulevard An advantage of this alternative is that it allows traffic entering Fort Bragg's access control point (ACP) at Butner Road to queue along existing ' Bragg Boulevard This will prevent the ACP generated queues from affecting the traffic flow on Murchison Road ' 5 IV SUMMARY OF ENVIRONMENTAL EFFECTS The following table summarizes the impacts of the alternatives studied in detail TABLE IMPACTS SU MMARY Alternative 1 Alternative 2 (Recommended) Wetlands 6 83 acres 7.81 acres Streams 1,060 feet 1,212 feet Homes Relocated 9 4 Businesses Relocated 26 3 Receptors Impacted by 17 homes Recreational Trail 1 motel Traffic Noise Recreational Trail Forested Areas 94 acres 80 acres RCW Habitat Removals* 21 18 acres 17.5 acres 1,411.34 sq ft pine BA 1,176.26 sq ft pine BA Right of Way/Utilities $35,600,000 $19,675,000 Cost Construction Cost $83,800,000 $62,900,000 Wetland/Stream $973,000 $1,188,000 Mitigation Cost Total Cost $120,373,000 $83,763,000 * Suitable and potentially suitable foraging habitat Includes habitat made non-contiguous by project construction Foraging habitat impacts include roadway construction and utility relocation 6 ' In accordance with provisions of Section 404 of the Clean Water Act, a permit will be required from the US Army Corps of Engineers for the discharge of dredged or fill material into "Waters of the United States " Due to expected project impacts on ' wetlands and jurisdictional streams, an individual Section 404 permit will likely be required The Corps of Engineers will determine final permit requirements A NC ' Division of Water Quality Section 401 Mayor Water Quality Certification will be required prior to issuance of the Section 404 permit ' The proposed project will require the cutting of trees within foraging habitat for the federally-protected red-cockaded woodpecker In a letter dated January 5, 2009, the US ' Fish and Wildlife Service concurred on a biological conclusion of "May Affect, Not Likely to Adversely Affect" for the red-cockaded woodpecker (see Section VI-D) I 1 1 7 V COMMENTS AND COORDINATION A Distribution of the Environmental Assessment The approved Environmental Assessment was circulated to the following federal, state and local agencies for review and comments Copies of the comments received are included in the Appendix of this document (note An asterisk indicates those agencies that provided comments on the approved EA) US Department of the Army - Corps of Engineers US Department of the Army - Fort Bragg Directorate of Public Works *US Department of the Interior - Fish and Wildlife Service *US Environmental Protection Agency *NC Department of Administration - State Clearinghouse NC Department of Administration - Division of Veterans Affairs *NC Department of Cultural Resources - State Historic Preservation Office *NC Wildlife Resources Commission *NC Department of Environment and Natural Resources, Division of Water Quality Fayetteville Area Metropolitan Planning Organization Cumberland County Town of Spring Lake B Comments on the Environmental Assessment US Department of the Interior - Fish & Wildlife Service COMMENT- "There are six federally endangered species listed for Cumberland County which require consideration under section 7 of the ESA NCDOT has determined that the proposed project will have no effect on all species except the RCW While Table 12 on Page 55 states that the biological conclusion for the RCW is "unresolved" The Service is concerned that this project may have potentially serious adverse effects on the RCW " NCDOT RESPONSE Since completion of the Environmental Assessment, a foraging habitat analysis was prepared for the two detailed study alternatives and a biological assessment was prepared for the selected alternative, Alternative 2 In a letter dated January 5, 2009, the US Fish and Wildlife Service concurred on a 8 ' biological conclusion of "May Affect, Not Likely to Adversely Affect" for the federally-protected red-cockaded woodpecker (see Section VI-D) COMMENT "Page 56 of the FEA states that a foraging analysis was conducted in early 2008 The Service has yet to see this analysis, and we question why this important information was not presented in the FEA Page 56 also states that a biological assessment is being prepared for the RCW At this time, an ' alternatives analysis (i a foraging habitat analysis for both alternatives) is needed so as to compare the two alternatives being studied in detail " NCDOT RESPONSE A copy of the alternative analysis has been provided to the Fish and Wildlife Service since completion of the Environmental Assessment Section VI-D of this document presents the results of the foraging habitat analysis conducted for the two alternatives being studied in detail COMMENT "With regard to cumulative effects (as defined by NEPA) and considering TIP projects X-2 and U-2519, page 66 of the FEA states "it is not expected the three projects will have a synergistic effect which would increase the overall cumulative effect beyond each project's direct effects " With regard to the RCW, the Service does not believe that the FEA presents enough information to support that statement " ' NCDOT RESPONSE The alternative analysis conducted for this project took into account foraging habitat which would be affected by Projects X-2 and U-2519 The analysis showed that sufficient foraging habitat would be available for RCW following construction of the proposed project and these two adjacent projects (see Section VI-D) COMMENT. "The U-4444 project, combined with U-2519, could potentially lower the ' effectiveness of the Greenbelt HMU/Northeast Area HMU connection and its ability to maintain genetic exchange between the two HMUs The FEA fails to analyze this " 1 NCDOT RESPONSE Since sufficient foraging habitat will remain within all of the RCW ' clusters the project affects, it can be concluded the project will not diminish the effectiveness of the Greenbelt HMU and Northeast Area HMU connection In order to minimize impacts to red-cockaded woodpecker foraging habitat and ' dispersal corridors, project construction limits have been limited to less than 200 1 9 feet wide within the 0 5 mile radius cluster partition for RCW Cluster FB 207 and within 200-250 feet within partitions FB 165, 264 and 375, with the exception of the Honeycutt Road interchange The project is not likely to impact juvenile female dispersal COMMENT- "The FEA does not adequately address the effects to the RCW Since the RCWs in this area are of heightened significance due to their being designated as part of a Primary Core Population within the 2003 RCW Recovery Plan, the FEA should have provided more information and included some of the data from the aforementioned foraging analysis While the Service does not believe that Section 7 of the ESA needed to be completed prior to release of the FEA, more information is needed before the Service can take an informed position on the project " NCDOT RESPONSE- Section VI-D of this document provides additional information and analysis regarding project impacts on red-cockaded woodpecker US Environmental Protection Agency COMMENT. "EPA notes that the Environmental Assessment (EA) was not co-signed by the DOD Fort Bragg representative Furthermore, EPA and other Merger team agencies understood from the CP 1 Merger meeting that DOD was also providing funding for this roadway project DOD is not indicated as a Cooperating Agency in the EA " NCDOT RESPONSE- The Department of Defense funding for the project is being provided through the Defense Access Roads (DAR) Program FHWA is responsible for project development, including NEPA documentation The Department of Defense will prepare its own environmental documentation regarding the transfer of land to NCDOT for the project The Environmental Assessment lists the US Army Military Surface Deployment and Distribution Command among the agencies coordinated with during the project study The Defense Access Roads program is a part of this Command COMMENT. "The primary 'need' for this proposed project was concurred upon by Merger team agencies based upon DOD security issues at Fort Bragg and the closure of through traffic on Bragg Boulevard The EA did not fully address the security issues associated with the closure of Bragg Boulevard The traffic 10 1 17 1 carrying capacity issue along NC 210 (Murchison Road) was predicated on the DOD's road closure decision " NCDOT RESPONSE As explained in Section 12 of the Environmental Assessment, ' although Murchison Road also crosses Fort Bragg, civilian traffic represents less of a security risk on that facility because Murchison Road crosses the base in a t J t 17 less sensitive area Very few military facilities are visible from Murchison Road and there is sufficient distance between the road and the facilities for security In contrast, Bragg Boulevard does present a security risk because base housing and other military facilities are close to and visible from the road Fort Bragg's security issues are beyond the scope of this project The need this project is intended to address is capacity issues on Murchison Road, not the security issues on Fort Bragg It is possible Bragg Boulevard will be closed regardless of whether or not Murchison Road is improved COMMENT "EPA notes that the summary table of impacts on Page 9, Table 1, only includes wetland, stream, and relocation impacts and costs for Alternatives 1 and 2 From Chapter 5 of the EA, there are also potential impacts to noise receptors, terrestrial forests and endangered species EPA recommends that all environmental impacts from the proposed project be included in a summary table for the future CP 3 meeting and in the Finding of No Significant Impact (FONSI) document " NCDOT RESPONSE Table 1 of this document presents a summary of environmental impacts of the two alternatives studied in detail, including impacts to forested areas, noise receptors and the total amount of RCW foraging habitat affected COMMENT: "EPA acknowledges that there are potentially 277 8 acres of terrestrial forests in the project study area However, this estimated impact is not specific to either Alternatives 1 or 2 and should be detailed in future documents " NCDOT RESPONSE- Table 1 of this document compares the impacts of the two detailed study alternatives, including impacts to terrestrial forests 11 NC Department of Environment & Natural Resources, Division of Water Quality COMMENT "Cross Creek, Little Cross Creek and their tributaries are class WS-IV, 303 (d) Waters of the State DWQ is very concerned with sediment and erosion impacts that could result from this project DWQ recommends that the most protective sediment and erosion control BMPs be implemented to reduce the risk of nutrient runoff to these waters " NCDOT RESPONSE NCDOT will implement appropriate sedimentation and erosion control best management practices during project design and construction COMMENT "DWQ requests that road design plans provide treatment of the storm water runoff through best management practices as detailed in the most recent version of the NC DWQ Stormwater Best Management Practices " NCDOT RESPONSE Appropriate stormwater treatment methods have been examined and will continue to be examined as project design progresses A proposed treatment method at Little Cross Creek is that drainage for the southbound lanes of Murchison Road in the vicinity of Little Cross Creek will be discharged into a grassed ditch or natural swales on the west side of Murchison Road instead of into a pipe system These ditches and swales will provide some treatment of stormwater before it reaches the creek In addition, existing concrete ditches along the entire project will be replaced with grassed ditches NC Wildlife Resources Commission COMMENT "Potential Impacts to the federally Endangered Red-cockaded woodpecker (Picoides borealis) have not been assessed, therefore NCWRC has not selected a preferred alternative at this time We will continue to assess the impacts associated with the remaining alternatives in preparation for the selection of the LEDPA and further avoidance and minimization measures " NCDOT RESPONSE: Potential project impacts on the federally protected red-cockaded woodpecker are discussed in Section VI-D of this document 12 f L t C Public Hearing In accordance with 23 U S C 128, the North Carolina Department of Transportation certifies that a public hearing for the subject project has been held and the social, economic, and environmental impacts, consistency with local community planning goals and objectives, and comments from individuals have been considered in the selection of the recommended alternative for the project A public hearing was held for the project on October 21, 2008 at Spring Lake Town Hall Approximately 106 persons attended the hearing The hearing was conducted as an open house workshop followed by a formal hearing A transcript was prepared of the formal hearing Alternatives 1 and 2 were both presented at the hearing Public Comments A number of verbal comments were received at the hearing Those stating a preference preferred Alternative 2 over Alternative 1 The majority of those commenting verbally expressed concerns regarding the effect the proposed control of access with Alternative 2 will have on businesses along Bragg Boulevard in Spring Lake Several expressed concern the proposed project will split Spring Lake, separating properties east of Bragg Boulevard from downtown Spring Lake Some commenting at the hearing asked that NCDOT consider a Spring Lake Bypass Sixteen speakers made verbal comments during the formal part of the hearing Seven citizens submitted written comments following the hearing These comments echoed the verbal comments All of those providing written comments asked that NCDOT consider a Spring Lake bypass Several of the written comments expressed concerns regarding the effect the proposed control of access and the elimination of driveways will have on businesses in Spring Lake NCDOT Response A Spring Lake bypass is beyond the scope of the subject project A previous TIP project, R-2629, studied multiple new location alternatives for a Spring Lake Bypass Shallow bypasses using Town streets and one-way pairs using Main Street were also considered A draft environmental assessment was prepared for Project R-2629, but the project lost funding because of local opposition, potential environmental impacts and potential 13 impacts to Fort Bragg training areas In addition, the bypass, as proposed at that time, did not reduce traffic in Spring Lake The purpose of this project is to increase the traffic carrying capacity of NC 210 (Murchison Road) so that it can accommodate traffic now using Bragg Boulevard on Fort Bragg The project is not intended to address traffic problems within Spring Lake, although improvements proposed in Spring Lake will improve traffic flow Section 3 12 of the Environmental Assessment explains that a new location alternative was not ' considered due to cost and environmental considerations A d d S f h E l A dd l s iscusse in ection 6 1 o nvironmenta ssessment, a itiona access points t e were provided on Bragg Boulevard in response to comments made at the February 2008 citizens informational workshop This revised design was presented at the October 2008 public hearing Driveways onto Bragg Boulevard will be eliminated for all of the properties with other access between Murchison Road and Lillington Highway in Spring Lake Driveways onto Bragg Boulevard will remain for properties with no other access Alternative access will be provided to all of the businesses within the project limits The majority of the proposed project will be constructed on existing NC 210 on Fort Bragg The proposed work in Spring Lake along existing Bragg Boulevard is required to tie the proposed freeway into existing Bragg Boulevard The proposed control of access along Bragg Boulevard will eliminate most driveways between Murchison Road and Lillington Highway This is necessary to insure the proposed Randolph Street interchange will operate safely In addition, the extremely high traffic volumes expected in the year 2030 on Bragg Boulevard would make it extremely difficult to enter Bragg Boulevard from driveways D. NEPA/404 Merger Process The NEPA/404 Merger process is intended to streamline the project development and permitting processes The merger process has been agreed to by the United States Army Corps of Engineers, the North Carolina Department of Environment and Natural Resources, the Federal Highway Administration and the North Carolina Department of Transportation The Merger 01 process provides a forum for appropriate agency representatives to discuss and reach consensus on ways to facilitate meeting the regulatory requirements of Section 404 of the Clean Water Act during the NEPA/SEPA decision-making phase of transportation projects The NEPA 404 Merger team concurred on purpose and need (Concurrence Point 1) and alternatives to be studied in detail (Concurrence point 2) at a meeting held on April 22, 2008 14 s 0 1 1 1 1 The NEPA/404 merger team concurred with the selection of Alternative 2 as the least environmentally damaging practicable alternative (Concurrence Point 3) at a meeting held on December 16, 2008 The merger team also agreed on avoidance and minimization measures for the project (Concurrence Point 4A) at the same meeting 15 VI. REVISIONS TO THE ENVIRONMENTAL ASSESSMENT A Roadway Cross-section and Alignment The typical cross-section for the project is a six-lane roadway with 12-foot lanes, a 22- foot median and 12-foot grassed shoulders (10-foot paved) Between Gruber Road and the railroad grade separation south of Honeycutt Road, the shoulder width will be reduced to six feet (four feet paved), in order to minimize impacts to red-cockaded woodpecker foraging habitat, wetlands and streams Proposed typical sections for the project are shown on Figure 3 B. _Impacts to Wetlands and Surface Waters The design of Alternative 2 has been modified in order to reduce wetland and stream impacts Tables 2 and 3 below present current anticipated impacts to wetlands and streams, respectively Wetland ID TABLE 2: J Cowardin * Classification URISDICTIONAL NCDWQ Wetland Rating Score WETLANDS Riverine or Non- Riverine Impacts AER PF01C 29 Non-Riverine 0 06 BER PF01B/C 44 Riverine 0 45 CER PF01B/C 48 Riverine 0 88 EER PF01B/C 82 Riverine 6 07 FTB PEM1H/PF01H 28 Non-Riverine 0 27 GTB PEM1H/PF01H 45 Non-Riverine 0 03 HER PEM1G 24 Non-Riverine 0 05 TOTAL 781 - uowarain et ai 19/9 PFO (Palustnne forested) - forested wetlands PSS (Palustnne scrub-shrub) - dominated by woody vegetation less than 20 feet tall PEM (Palustnne emergent) - dominated by herbaceous and hydrophytic plants 16 0 6 TIP PROJECT U-4444 4 -L- EXISTING 22 EXISTING 15 12 24 12 it 11 12 24 12 15 6 10 15 W/GR 1 10 l J J 15 W/GR 10 : VC FDPS T FDPS U RIGINAL 3 004 0 2 002 004 004 002 002 0 02 004 O ROUND ? d 61 - - - - - - - - - - - - - 1 ORIGINAL ' ._?_GROUND VIABLE VARIABLE SLOPE 15 SLOPE ORIGINAL GRADE TO THIS INE GROUND TYPICAL CROSS-SECTION (USED FOR MAJORITY OF PROJECT) Ct -L- EXISTING 22 EXISTING VARIES 2 VAR 18 TO 21 6 24 12 11 11 12 24 6 VAR 18 TO 22 92 2 VARIES GR I I I I I W/G ORIGINAL GROUND FOPS DPS q p p2 0 0 002 4\ - - - - - - - - - - - - ORIGINAL 0 4 GROUND 41 •?\ 15 I 15 GRADE TO THIS LINE MINIMIZED CROSS-SECTION (USED GRUBER ROAD TO RAILROAD GRADE SEPARATION) i FIGURE 3 Stream ID TABL NCDWQ Stream Identification E 3: JURISDICT NCDWQ Stream Classification Score IONAL STREAMS USACE Stream Quality Assessment Score Stream Determination Impact (If) 1ER Little Cross Creek ** 51 Perennial 0 2ER UT Little Cross Creek ** 58 Perennial 63 3ER UT Cross Creek ** 60 Perennial 222 4ER UT Cross Creek 265 57 Perennial 0 6TB Cross Creek 225 42 Intermittent 40 6ER Cross Creek ** 70 Perennial 466 7T6 UT Cross Creek 19 28 Intermittent 71 8ER UT Cross Creek 25 75 53 Intermittent 22 9ER UT Cross Creek 29 75 65 Perennial 193 10ER UT Cross Creek 255 49 Intermittent 9 11ER UT Cross Creek 22 25 53 Intermittent 126 TOTAL 1,212 UT = Unnamed tributary " NCDWQ Stream Classification Form was not completed due to strong evidence indicating that these streams are perennial C Avoidance, Minimization & Mitigation Avoidance t t 1 Efforts have been made to avoid impacts to wetlands and streams as much as possible , However, in some areas along the project, impacts to wetlands and streams have been unavoidable due to other constraints, such as the railroad adjacent to Murchison Road, two cemeteries and foraging habitat for the federally-protected red-cockaded woodpecker 18 1 Minimization The following minimization efforts are proposed for this project ' • Widening into the median and providing only a 22-foot median is proposed in order to minimize impacts to wetlands, streams and foraging habitat for the I federally-protected red-cockaded woodpecker • A loop is proposed in the southeast quadrant of the Honeycutt Road interchange in order to avoid wetlands and red-cockaded woodpecker foraging habitat located in the northeast quadrant of the interchange • The steepest practicable slopes (3 1 with guardrails) will be used in wetland areas in order to reduce impacts • The radius of the ramp in the northeast quadrant of the proposed Randolph Street interchange has been reduced in order to reduce wetland and stream impacts • Between Gruber Road and the railroad grade separation south of Honeycutt Road, the shoulder width will be reduced to six feet (four feet paved), in order to minimize impacts to red-cockaded woodpecker foraging habitat, wetlands and streams (see Figure 3) t • Additional minimization measures will be examined for the relocation of the power transmission line which crosses Murchison Road at Honeycutt Road in order to minimize impacts to red-cockaded woodpecker foraging habitat • Drainage for the southbound lanes of Murchison Road between the railroad grade separation and Gruber Road will be discharged into a grassed ditch or natural swales on the west side of Murchsion Road The ditch or swale will provide treatment for stormwater before it flows into Little Cross Creek, which is included on the 303(d) list of impaired streams Mitigation Compensatory mitigation will likely be required for project impacts to wetlands and streams Many of the sites identified during environmental surveys and listed in the Natural Resources Technical Report as potential areas for on-site wetland and stream 19 mitigation will either be affected by project construction or are located within endangered species habitat Additional efforts will be made to locate other on-site mitigation opportunities Any mitigation requirements beyond what can be provided on-site will be met utilizing the Ecosystem Enhancement Program (EEP) D. Federally Protected Species As of November 18, 2008, seven federally-protected species are listed for Cumberland County TABLE 4: FEDERALLY PROTECTED SPECIES FOR CUMBERLAND COUNTY Common Name Scientific Name Federal Biological Conclusion Status Vertebrates American alligator Alligator mississippiensis T(S/A) Not Applicable Red-cockaded May Affect, Not Likely to woodpecker Picoides borealis E Adversely Affect Invertebrates Saint Francis' satyr Neonympha mitchelh E No Effect francisci Vascular Plants Pondberry Lindera melissifolia E No Effect Rough-leaved loosestnfe Lysimachia asperu/aefolia E No Effect Michaux's sumac Rhus michauxn E No Effect American chaffseed Schwalbea americana E No Effect E - Endangered, T - Threatened, T(S/A) - Threatened due to similarity of appearance No biological conclusion was presented in the Environmental Assessment for the project's effects on the red-cockaded woodpecker (RCW) Since completion of the Environmental Assessment, additional foraging habitat analyses have been conducted for both detailed study alternatives and a biological assessment has been prepared for the selected alternative (Alternative 2) 20 Murchison Road crosses foraging habitat of four RCW clusters The standard for managed stability outlined in the US Fish and Wildlife Service's Recovery Plan for 1 red-cockaded woodpecker requires each cluster have available 75 acres of suitable or potentially suitable foraging habit and 3,000 square feet basal area of pine trees greater ' than 10 inches in diameter All of the clusters in the project area will have sufficient foraging habitat following construction of either of the detailed study alternatives It is anticipated the recommended alternative, Alternative 2, will affect less RCW foraging habitat than Alternative 1 The results of these analyses are shown in Table 5 below I TABL E 5: SUMMARY OF RED-COCKADED WOODPECKE R FORAGING HABI TAT ANALYSIS Alt 1 Alt 2 Alt 1 Alt 2 Pre-Project Habitat Habitat Post-Project Post-Project l Foraging Habitat* Removals* Removals* Foraging Habitat* Foraging Habitat uster C Acres BA Acres BA Acres BA Acres BA Acres BA 1569 12,2967 152 1,0895 129 9236 1416 11,207 1 1440 11,3730 165 8 1 9 9 2 9 9 2 6 2 1055 105 3 105 3 207 6,48131 0 23 21 52 0 23 21 52 6,45979 6,45979 4 1 1 - 10 7 264 81 58 4,46819 2 11 105 35 2 19 2 79 47 4,36284 79 39 4,36545 1498 1283 1462 1476 375 6,64336 3 55 194 88 2 16 6,44848 6,51505 1 1 6 5 *Suitable and Potentially Suitable Habitat Removals include habitat made non-contiguous by project construction Impacts include roadway construction and utility relocations Active cavity tree number 06542 and possibly active cavity tree number 0777E are within 200 feet of proposed construction In the vicinity of these cavity trees, the project design has been changed In the vicinity of Cavity Tree 06542 (located approximately 1,950 feet east of Murchison Road), the proposed ditch along the north side of Honeycutt Road will be reduced to 8 feet In the vicinity of Cavity Tree 0777E (located approximately 3,500 feet north of Honeycutt Road), the proposed ditch along the east side of Murchison Road will be reduced to 12 feet Because the proposed project will not reduce available foraging habitat below the standard for managed stability, a biological conclusion of "May Affect, Not Likely to Adversely Affect" is appropriate for the red-cockaded woodpecker The US Fish and 21 Wildlife Service concurred with this biological conclusion in a letter dated January 5, 1 2009 (see Appendix A) E Archaeological Resources In a letter dated October 17, 2006 (see Appendix A of the Environmental Assessment), i the State Historic Preservation Office stated previously recorded archaeological sites exist in the project area The Environmental Assessment included a commitment that a comprehensive archaeological survey would be conducted prior to completion of the final environmental document Extensive archaeological surveys have been conducted in the project area on Fort Bragg by or on behalf of the Fort Bragg Cultural Resource Program (FBCRP) In addition, the Spring Lake portion of the proposed project is completely urbanized The FBCRP surveys identified three archaeological sites and one isolated find (Sites ' 31CD957, 31CD960, 31CD1401 and 31CD1491), none of which were recommended as eligible for the National Register of Historic Places As a result of consultation with the Office of State Archaeology, it was determined no further archaeological surveys will be necessary for the proposed project unless design plans changed prior to construction The State Historic Preservation Office confirmed this finding in a letter dated August 28, I 2008 (see Appendix A of this document) F Utilities , As discussed in Section 4 10 of the environmental assessment, power lines owned by , Progress Energy will be relocated by the proposed project These power lines are large transmission lines located near Honeycutt Road The existing lines cross Murchison Road just north of Honeycutt Road Red-cockaded woodpecker foraging habitat exists in this area Two alternatives for relocating the power lines were investigated Option A would ' involve relocating the transmission line to cross Murchison Road approximately 350 feet north of its current location This alternative would require removing three towers and placing three new transmission towers Option B would relocate the line to cross Murchison Road south of Honeycutt Road Option B would require removing three transmission towers and placing six new towers Table 6 below presents a comparison of the impacts and costs of the two power line options 22 1 TABLE 6 : POWER LINE OPTION COMPA RISONS Power Line Option A Power Line Option B RCW Foraging Habitat* (acres) 15 0 02 RCW Foraging Habitat* (Square Feet Pine BA) 105 15 140 Clearing in Wetlands 0** 0 Cost $522,000 $2,000,000 * Suitable and potentially suitable foraging habitat ** Small amount of tree trimming will be required in'wetlands (would affect approximately 100 square foot area of wetlands) As Table 6 shows, Power Line Option B will have less impact on RCW foraging habitat than Option A However, Option B costs nearly 15 million dollars more than Option A Sufficient suitable and potentially suitable foraging habitat would remain with either power line option Due to the large difference in cost between the two options, Option A has been selected for the power line relocation However, additional minimization measures will be examined for Power Line Option A in an effort to reduce impacts to RCW foraging habitat G. Corrections to Environmental Assessment Table 2 of Environmental Assessment Table 2 on page 13 of the Environmental Assessment presented project cost estimates The right of way costs presented in that table did not include utility relocation costs Table 7 below presents the correct project costs 23 TABLE 7: CORRE CTION TO TABLE 2 OF EA - C OST ESTIMATES Alternative 1 Alternative 2 Right of Way/Utilities Cost $35,600,000 $19,675,000 Construction Cost $83,800,000 $62,900,000 Wetland/Stream Mitigation Cost $973,000 $1,188,000 Total Cost $120,373,000 $83,763,000 24 IJ t 1 1 1 1 VII. BASIS FOR FINDING OF NO SIGNIFICANT IMPACT Based upon environmental studies and coordination with appropriate federal, state and local agencies, it is the finding of the Federal Highway Administration and the North Carolina Department of Transportation that the proposed action will have no significant impact upon the quality of the human environment Therefore, an environmental impact statement will not be required The following persons may be contacted for additional information regarding this proposal and statement John F Sullivan III, PE, Division Administrator Federal Highway Administration 310 New Bern Avenue, Suite 410 Raleigh, North Carolina 27601 Telephone (919) 856-4346 Gregory J Thorpe, Ph D , Environmental Management Director Project Development and Environmental Analysis Branch N C Department of Transportation 1548 Mail Service Center Raleigh, North Carolina 27699-1501 Telephone (919) 733-3141 25 1 APPENDIX Agency Comments on the Environmental Assessment r? <M?"'OFrti United States Department of the Interior ' ` o I ISII A\D WILDLIFE' }FAViCF Raleigh Field Office host Officc Box 33726 9RCH Ralcisuh 1t)rtli Carohna'7636-37'6 January 5, 2009 , Gregoi y J Thorpe, Ph D ' "orth Carolina Department of Transportation Project Development and Environmental Analysis 1598 Mail Service Center Raleigh North Carolina 27699-1598 Dear Di Thorpe This letter is in response to your lettei of December 31, 2008 and attached Biological Assessment, which provided the U S Fish and Wildlife Service (Service) with the biological determination of the Nortln Carolina Department of Transportation (NCDOT) that the widening of NC 210 (Murchison Road) between the proposed Fayetteville Outer Loop and NC 24-87 (Bragg Boulevard) in Spring Lane to six lanes (Cumberland County, TIP No U-4444) may affect, but is not likely to adversely affect the federally endangered red-cockaded woodpecker (Pt(oides boteahs, RCW) These comments are provided in accordance with section 7 of the Endangeied Species Act (ESA) of 1973, as amended (16 U S C 1.531-1543) According to information piovided the widening of Muichison Road and the associated Progress Energy powei line relocation will remove foraging habitat associated with four existing RCW partitions (FB 165, 207, 264 and 375) the road widening vv ill remove a total of 24 18 acres of foraging habitat, and the povv ei line relocation will remove a total of 0 84 acre of foraging, I , habitat Counting suitable and potentially suitable foraging habitat, all four RCW partitions will still meet the Standard for Managed Stability guidelines post-project, thcrcfoic, no take will occur No RCW cavity trees will be removed, although the project vv ill occur within 200 feet of four cavity trees (t active, 1 possibly active, I inactive and 1 relic) Based on the information provided and other available information the Service concurs with your deterimation that the proposed project may affect, but is not likely to adversely affect the RCW We believe that the tequirements of section 7(a)(2) of the ESA have been satisfied for this species We remind you that obligations under section 7 consultation must be ieconsidered it (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered in this ieview, (2) this action is subsequently modified in a manner that was not considered in this icview, of (3) a new species is listed of critical habitat determined that may be affected by this identified action , The Service appreciates the opportunity to ievlew this project If you have any duestmons regarding our response, please contact Mr Gary Jordan at (919) 856-4520 (Ext 32) ' Sincerely Pete BenJamm 1 Field Supervisor ' cc Richard Spencer, USAGE, Wilmington, NC Travis Wilson, NCWRC, Crcedmoor, NC Chris Mihtscher, USEPA, Raleigh, NC Tohn Sullivan, FHWA, Raleigh, NC David Harris, NCDOT, Raleigh, NC United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 September 4, 2008 Gregory J Thorpe, PhD Project Development and Environmental Analysis North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina 27699-1548 Dear Dr Thorpe RECEIVED ,)IVlSIOP of Fllohways SOH 0 0 7008 PFeG0W1- -i ' Project I)evelopmont and Ewrogrnenialk lysis Branch , This letter is in response to your August 18, 2008 letter which requested comments from the U S Fish and Wildlife Service (Service) on the Federal Environmental Assessment (FEA) for the improvements to NC 210 (Murchison Road) from the proposed Fayetteville Outer Loop to NC 24-87-210 (Bragg Boulevard) in Spring Lake, Cumberland County, North Carolina (TIP No U- 4444) These comments are provided in accordance with provisions of the National Environmental Policy Act (NEPA, 42 U S C 4332(2)(c)) and section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U S C 1531-1543) The Service has been involved in the combined NEPA/Section 404 Merger 01 Process After concurrence was obtained from Merger Team members at Concurrence Point 2, two alternatives (Alternatives 1 and 2) were carried forward and have been studied in detail within the FEA Alternative 2 is the North Carolina Department of Transportation (NCDOT) preferred alternative Although Alternative 2 has higher wetland impacts than Alternative 1 (9 17 acres versus 6 8 acres), Alternative 2 has substantially fewer commercial and residential relocations, as well as a substantially lower overall cost There are six federally endangered species listed for Cumberland County which require consideration under section 7 of the ESA red-cockaded woodpecker (RCW, Pzcozdes borealis), Saint Francis' satyr (Neonympha mztchellu franciscz), pondberry (Lzndera melzsszfoha), rough- leaved loosestrife (Lysimachia asperulaefolia), Michaux's sumac (Rhus michauxu), and American chaffseed (Schwalbea americana) NCDOT has determined that the proposed project will have no effect on all species except the RCW Table 12 on page 55 states that the biological conclusion for the RCW is "unresolved" The Service is concerned that this project may have potentially serious adverse effects on the RCW The foraging partitions (i a half-mile radius from the center of the cluster of cavity trees) of four RCW clusters overlap with the project (FB 0207, FB 0264, FB 0165, FB 0375) Currently, all the clusters are active except for FB 0264 These clusters are located on Fort Bragg property and are being monitored and managed as part of the North Carolina Sandhills 1 1 ' East Primary Core Population of the Sandhills Recovery Unit This population is one of only 13 designated Primary Core Populations, thus indicating its importance Fort Bragg manages its portion of this Primary Core Population within Habitat Management Units (HMU) FB 0207 ' falls within the Greenbelt HMU, while FB 0264, FB 0165 and FB 0375 fall within the Northeast Area HMU The juxtaposition of these clusters is critical to connecting the two HMUs and maintaining dispersal and immigration between the two HM-Us The loss of this connection ' would seriously hamper RCW management at Fort Bragg The removal of any pine trees greater than 30 years old could potentially cause an adverse affect to the RCW If any pine trees greater than 30 years old are removed, a foraging habitat analysis using the guidelines in the 2003 RCW Recovery Plan - Standard for Managed Stability (USFWS 2003) will be required in order to fully assess the effects on the RCW The Standard for Managed Stability requires a minimum of 3,000 square feet of pine basal area in stems > 10 inches dbh (diameter at breast height) on at least 75 acres of suitable habitat as defined in the 2003 RCW Recovery Plan for each foraging partition Should habitat removals lower one or more RCW ' foraging partitions below this threshold, the Service will consider this a "take" of the species and formal section 7 consultation will be required This process requires up to 135 days to complete once a complete initiation package is received from the Federal Highway Administration It is ' extremely important that this project be designed to remove the least amount of RCW habitat possible 1 Page 56 of the FEA states that a foraging analysis was conducted in early 2008 The Service has yet to see this analysis, and we question why this important information was not presented in the FEA Page 56 also states that a biological assessment is being prepared for the RCW At this time, an alternatives analysis (i a foraging habitat analysis for both alternatives) is needed so as to compare the two alternatives being studied in detail From a cursory review of maps with preliminary plans superimposed on the four RCW partitions, it appears that Alternative 2 may have less impact on the RCW than Alternative 1, however, until we have the foraging habitat analysis data we cannot know this definitively With regard to cumulative effects (as defined by NEPA) and considering TIP protects X-2 and U-2519, page 66 of the FEA states "It is not expected the three projects will have a synergistic effect which would increase the overall cumulative effect beyond each project's direct effects " With regard to the RCW, the Service does not believe that the FEA presents enough information to support that statement In a previous section 7 consultation, it was demonstrated that the U- 2519 project will have adverse effects to the RCW and the habitat within the Greenbelt HMU The U-4444 project, combined with U-2519, could potentially lower the effectiveness of the Greenbelt HMU/Northeast Area HMU connection and its ability to maintain genetic exchange between the two HMUs The FEA fails to analyze this The FEA does not adequately address the effects to the RCW Since the RCWs in this area are of heightened significance due to their being designated as part of a Primary Core Population within the 2003 RCW Recovery Plan, the FEA should have provided more information and included some of the data from the aforementioned foraging analysis An agency field day is being planned for the near future It would have been helpful to have held the field day prior to the release of this FEA While the Service does not believe that section 7 of the ESA needed to 1 be completed prior to release of the FEA, more information is needed before the Service can take an informed position on the project The Service appreciates the opportunity to review this project If a Finding of No Significant Impact is developed, we would like to receive a copy If you have any questions regarding our response, please contact Mr Gary Jordan at (919) 856-4520, ext 32 Sincerely, bavt ? qlp- Pete Benjamin Field Supervisor Literature cited U S Fish and Wildlife Service 2003 Recovery Plan for the red-cockaded woodpecker (Pzcoades borealis) second revision U S Fish and Wildlife Service, Atlanta, GA 296 pp cc Chris Mnlntscher, USEPA, Raleigh, NC r Travis Wilson, NCWRC, Creedmoor, NC Rob Ridings, NCDWQ, Raleigh, NC Richard Spencer, USACE, Wilmington, NC John Sullivan, FHWA, Raleigh, NC US ENVIRONMENTAL PROTECTION AGENCY REGION 4 RALEIGH OFFICE ' TERRY SANFROD FEDERAL COURTHOUSE 310 NEW BERN AVENUE RALEIGH, NORTH CAROLINA 27601 Date- October 16, 2008 ' Dr Gregory J. Thorpe, Ph D. Manager, Project Development and Environmental Analysis Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina 27699-1548 ' SUBJECT: EPA Review Comments of the Federal Environmental Assessment for U-4444, NC 210 (Murchmson Road) from the proposed Fayetteville Outer Loop to NC-24-87-210 (Bragg Boulevard), Cumberland County Dear Dr Thorpe- ?7 t it The U.S Environmental Protection Agency Region 4 (EPA) has reviewed the subject document and is commenting in accordance with Section 309 of the Clean Air Act and Section 102(2)(C) of the National Environmental Policy Act (NEPA). The North Carolina Department of Transportation (NCDOT), the Federal Highway Administration (FHWA) and the Department of Defense (DOD) are proposing to close Bragg Boulevard (NC 24-87) for security reasons, widen existing NC 210 to six lanes, and construct two new interchanges and an extension of Randolph Street. The proposed project was requested to be placed in the Section 404/NEPA Merger 01 process by resource agencies. EPA notes the following concurrence point (CP) milestones: CP 1 Purpose and Need signed 4/22/2008 and CP 2 Alternatives to be Carried Forward for Detailed Study also signed 4/22/08. A CP 2A Bridging and Alignment Review field meeting was scheduled and completed on October 14, 2008 EPA notes that the Environmental Assessment (EA) was not co-signed by the DOD Fort Bragg representative. Furthermore, EPA and other Merger team agencies understood from the CP 1 Merger meeting that DOD was also providing funding for this roadway project. DOD is not indicated as a Cooperating Agency in the EA. The primary beed for this proposed project was concurred upon by Merger team agencies based upon DOD security issues at Fort Bragg and the closure of through traffic on Bragg Boulevard The EA did not fully address the security issues associated with the closure of Bragg Boulevard. The traffic carrying capacity issue along NC 210 (Murchinson Road) was predicated on the DOD's road closure decision EPA also notes that the proposed project is only partially funded. The U-4444A portion is funded and the U-4444B section is unfunded per the discussion in the EA. There are two build alternatives currently under consideration NCDOT considered other preliminary study alternatives and designs to meet the purpose and need ' and to avoid and other minimize impacts to the human and naturalenvironment. EPA, as well as other Merger team agencies, requested that these preliminary study alternatives be shown and documented in the EA. Many of these preliminary study alternatives had , been eliminated by NCDOT prior to the CP 1 meeting These alternatives are detailed in Section 3 of the EA with a general description of why they were eliminated from further study However, during the October 14, 2008, field meeting several agencies asked if ' NCDOT has considered different design changes between Alternatives 1 and 2 (e.g, A hybrid design). This idea might be considered and explored by NCDOT prior to the CP 3 LEDPA meeting. , Jurisdictional Wetland and Stream Impacts Alternative I has approximately 6 85 acres of impact to wetlands and Alternative 2 has approximately 9.22 acres of impacts to wetlands. At the October 14, 2008, field meeting, NCDOT explored moving a ramp closer in at the Randolph Street interchange ' location and it is estimated that approximately an acre of wetland impacts can be reduced for Alternative 2 (NCDOTs preferred alternative). EPA has continued environmental concerns for the potential impacts to Wetland `EEK a high quality, palustrine forested, , nverine system. Even with a revised ramp design for Alternative 2, approximately 6 acres of this high quality system would be filled. According to the EA, this system scored a NCDWQ score of 82. 1 Alternative 1 has an estimated 1,107 linear feet of stream impacts and Alternative 2 has an estimated 1,181 linear feet of stream impacts Jurisdictional streams include ' Cross Creek and Little Cross Creek and their tributaries. Both Cross Creek and Little Cross Creek are designated as biologically impaired water bodies under Section 303(d) of the Clean Water Act. Urban runoff is cited in the EA (Page 52) as the potential cause for , its impaired status. EPA has environmental concerns that other resource constraints (i.e., RCW habitat) will allow for full stormwater control measures within the project study area to prevent the further degradation of these impacted jurisdictional streams EPA plans to work with NCDOT and other Merger team agencies on these unportant jurisdictional issues. As discussed during the October 10 field meeting, ' additional comprehensive planning and coordination with Fort Bragg may be needed to address these environmental issues. The EA references that there are potential on-site stream and wetland mitigation sites available in the project study area. NCDOT referred , to the Natural Resource Technical Report (NRTR). However, during the field review meeting observations it does not appear likely that there are any viable on-site mitigation opportunities in the immediate vicinity of the proposed protect. , Other Environmental Impacts and General EA Comments EPA notes that the summary table of impacts on Page 9, Table 1, only includes wetland, stream, and relocation impacts and costs for Alternatives 1 and 2. From Chapter S of the EA, there are also potential impacts to noise receptors, terrestrial forests and ' endangered species EPA recommends that all environmental impacts from the proposed project be included in a summary table for the future CP 3 meeting and in the Finding of ' No Significant Impact (]~ONSI) document EPA acknowledges that there are potentially 277 8 acres of terrestrial forests in the project study area. However, this estimated impact is not specific to either Alternatives 1 or 2 and should be detailed in future documents. EPA notes Table 13 regarding the Federal Species of Concern (FSC) in the project study area. The footnotes below the table do not appear to correspond with the information in the actual table. Furthermore, two of the FSC include migratory birds (i.e., Bachman's Sparrow and Black- throated Green Warbler) that are potentially protected under the Migratory Bird Treaty Act (MBTA). As with the unresolved issues involving the Red-cockaded Woodpecker ' (RCW), NCDOT should consult with the U.S. Fish and Wildlife Service (FWS) concerning potential META issues and include relevant information in the FONSI In summary, EPA has not identified an environmentally-preferred alternative (LEDPA) at this time. There are still potentially unresolved issues involving potential impacts to RCW foraging habitat and active clusters that could alter the current design ' and alignment of both Alternatives 1 and 2. ?PA defers to FWS and the N C Wildlife Resources Commission on these issues. One?the realignment considerations could potentially increase jurisdictional impacts to streams and wetlands. EPA also requests ' that NCDOT consider further planning with Fort Bragg regarding comprehensive stormwater management controls to prevent further degradation to Section 303(d) listed Cross Creek and Little Cross Creek. EPA will continue to stay active in the Merger 01 process for this proposed project. Thank you for the opportunity to comment. t cc. Rob Ridings, NCDWQ Richard Spencer, USACE Gary Jordan, USFWS Travis Wilson, NCWRC Sincerely, Christopher A. Militscher, REM, CHMM Merger Team Representative NEPA Program Office For. Heinz J. Mueller, Chief EPA Region 4 NEPA Program Office I a,s SU71: v RE-CEIVED . Division of hilOways North Carolina SEP 2 4 2008 , Department of Administration Proco7struction protect L),ivc, bPmnnt and Envii,nn snbl Atlaly3is Branch Michael F Easley, Governor Britt Cobb, Secretary September 22, 2008 ' Mr Gregory Thorpe NCDOT , Project Dev & Environmental Analysis 1548 Mail Service Center Raleigh, NC 27699-1534 ' Re: SCH File # 09-E-4220-0044; EA; Proposed improvements to widen NC 210 (Murchison Rd) from NC 24-87-210 (Bragg Blvd.) in Spring Lake to Fayetteville Outer Loop in , Cumberland Co. TIP No. U-4444 Dear Mr Thorpe The above referenced environmental impact information has been submitted to the State Clearinghouse i under the provisions of the National Environmental Policy Act According to G S 113A-10, when a ' state agency is required to prepare an environmental document under the provisions of federal law, the environmental document meets the provisions of the State Environmental Policy Act Attached to this l t f e ter or your consideration are the comments made by agencies in the course of this review ' ,If any further environmental review documents are prepared for this project, they should be forwarded to this office for intergovernmental review , Should you have any questions, please do not hesitate to call Sincerely, Valerie W McMillan, Director State Environmental Policy Act , Attachments cc Region M , Mailing Address 1301 Mail Service Center Raleigh, NC 27699-1301 Telephone (919)807-2425 Fax (919)733-9571 State Courier #51-01-00 e-mail valerre iv mcmillan@doa nc gov Location Address , 116 West Jones Street Raleigh, North Carolina An Equal Opportunity/Affirmative Action Employer '1 Tr i d ST RECEIVED Division of 1-Ilrhways North Carolina AUG 2 12008 IJrecott,-t ,1 o ' Department of Administration Project Qevelopm,ntand Environmental Anai ris Branch Michael F Easley, Governor Britt Cobb, Secretary ' August 19, 2008 Mr Gregory Thorpe NCDOT Project Dev & Environmental Analysis 1548 Mail Service Center Raleigh NC 27699-1534 Dear Mr Thorpe ' Subject Environmental Assessment -Proposed improvements to widen NC 210 (Murchison Rd) from NC 24-87-210 (Bragg Blvd) in Spring Lake to Fayetteville Outer Loop in Cumberland Co TIP No U-4444 ' The N C State Clearinghouse has received the above project for intergovernmental review This project has been assigned State Application Number 09-E-4220-0044 Please use this number with ' all inquiries or correspondence with this office Review of this project should be completed on or before 09/19/2008 Should you have any ' questions, please call (919)807-2425 Sincerely, ' Valerie W McMillan, Director State Environmental Policy Act ' cc Jay McInnis, Project Development Engineer Mailing Address Telephone (919)807-2425 Location Address 1301 Mail Service Center Fax (919)733-9571 116 West Jones Street ' Raleigh NC 27699-1301 State Courier 1151-01-00 Raleigh, North Carolina e-mail valerie w mcmillan©doa nc gov qual Opportunrty/Affinnative Action Employer An Equal: NORTH CAROLINA STATE CLEARINGHOUSE DEPARTMENT OF ADMINISTRATION INTERGOVERNMENTAL REVIEW MS RENEE GLEDHILL-EARLEY CLEARINGHOUSE COORD DEPT OF CUL RESOURCES ARCHIVES-HISTORY BLDG - MSC 4617 RALEIGH NC REVIEW DISTRIBUTION CC&PS - DEM, NFIP DENR LEGISLATIVE AFFAIRS DEPT OF AGRICULTURE DEPT OF CUL RESOURCES DEPT OF TRANSPORTATION MID CAROLINA COG PROJECT INFORMATION STATE NUMBER 09-E-4220-0044 DATE RECEIVED 08/19/2008 AGENCY RESPONSE 09/15/2008 REVIEW CLOSED 09/19/2008 l Yir i? r0. ?t c P? ? sFA ?. ?? Op9sp?l1 ?c?1JQ7 F02 , ? bL =??-33 V\j v APPLICANT NCDOT TYPE National Environmental Policy Act ?y ERD Environmental Assessment DESC Proposed improvements to widen NC 210 (Murchison Rd) from NC 24-87-210 (Bragg o Blvd ) in Spring Lake to Fayetteville Outer Loop in Cumberland Co TIP No U-4444 CROSS-REFERENCE NUMBER 07-E-4220-0086 The attached project has been submitted to the N C State Clearinghouse for intergovernmental review Please review and submit your response by the above indicated date to 1301 Mail Service Center, Raleigh NC 27699-1301 If additional review time is needed, please contact this office at (919)807-2425 AS A RESULT OF THIS REVIEW THE FOLLOWING IS SUBMITTED J NO COMMENT COMMENTS ATTACHED SIGNED BY DATE l o? D FAUG 22 2008 1 as STATg a Michael F Easley, Governor Lisbeth C Evans, Secretary Jeffrey J Crow, Deputy Secretary August 28, 2008 MEMORANDUM Office of Arcluves and History Division of Historical Resource, David Brook, Director TO Matt Wilkerson Office of Human Environment North Carolina Department of /Transportation FROM Peter Sandbeck &C SUBJECT NC 210 From NC 24-87-210 to Fayetteville Outer Loop, U-4444, Cumberland County, ER 06-2433 Thank you for providing us a copy of the above ieferenced report For purposes of compliance with Section 106 of the National Historic Preservation Act, we concur that no further archaeological investigations are necessary and that no significant archaeological properties will be adversely affected The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Hlstoilc Preservation's Regulations for compliance with Section 106 codified at 36 CFR Part 800 Thank you for your cooperation and considerations If you have any questions concerning the above ' comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919 807 6579 In all future communication concerning this project, please cite the above referenced tracking number 1 1 Location. 109 East Jones Street, Raleigh NC 27601 Mailing Address. 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax (919) 807 6570/807 6599 North Carolina Department of Cultural Resources State Historic Preservation Office Peter B Sandbeck, Administrator Afflii? RCDENR North Carolina Department of Environment and Natural Resources Michael F Easley, Govemor 11- 1U] 810 , William G Ross Jr, Secretary ?FC?P 20pg MEMORANDUM ?a ?rys FD ?p.4 08* TO: Valerie McMillan State Clearinghouse FROM: Melba McGee V Environmental Review Coordinator SUBJECT: 09-0044 EA for the Proposed Improvements to NC 210 from the Proposed Fayetteville Outer Loop to NC 24-87-210 in Spring Lake, Cumberland County DATE: September 17, 2008 The Department of Environment and Natural Resources has reviewed the proposed information. The attached comments are for the applicant's information Thank you for the opportunity to review. Attachments 1601 Mad Service Center, Raleigh, North Carolina 27699-1601 NOne Carolina Phone 919-733-49841 FAX 919-715-30601 Internet www enr state nc us/ENR/ Naturally An Equal Opportunity / Affirmative Action Employer - 50 % Recycled 110 % Post Consumer Paper 09/15/2008 14 4a 9195289839 1 1 1 1 E2 North. Carolina Wildlife Resources C MEMORANDUM TO FROM. DATE ?Melba McGee Office of Legislative and Intergoveixamental Affairs. DEINTR PAGE 03 K 4 c S` oti^ Travis Wilson, Highway Project Coordinator Habitat Coiservation Program September 15, 2008 ' SUBJECT. Noith Carolina Department of Transportation (NCDOT) Environmental Assessment (EA) for the proposed improvements to NC 210 flotn the proposed Fayetteville Outer Loop to NC 24-87-210 in Spring Lake, Cumberland County, North Carolina TIP No U-4444, SCH Project No 09-0044 Staff biologists with the N C Wildlife Resources Commission have reviewed the subject EA and are farwhar with habitat values in the prolect area The purpose of this review was to assess project impacts to fish and wildlife resources Our comments are provided in accordance -with certain provisions of the National Environmental Policy Act (42 US C 4332(2)(c)) and the ' Fish and Wildlife Coordination Act (48 Stat 401, as aTneuded 16 U S C 661-667d) NCDOT proposes to widen existing I TC 210 bem eon the proposed Fayetteville Outer Loop ' and NC 24-87 in Spring Lake The project would widen the existing facility to six lanes, in addition two existing intersections would be converted to interchanges Two alternatives are being considered Alternative 1 impacts 6 8 acres of wetlands and 1.107 linear feet of stream, and Alternative 2 impacts 9 17 acres of wetlands and 1,181 1wear feet of stream Potential impacts to the federally Endangered Red-cockaded woodpecker (Prcoides ' borealis) bave not beelz assessed, therefore NCWRC has not selected a preferred alternative at this time We will continue to assess the impacts associated with the remaining alternatives m preparation for the selection of the LEDPA and for furthrr avoidance and minimization ' measures 'thank you for the opportunity to comment on this EA If we can be of any further assistance please call moat (919) 528-98$6 Malting Address: Division of Inland Fisheries • 1721 Mafl Service Center e Raleigh, NC 27699-1721 ' Telephone: (919) 707-0220 a Farr: (919) 707-0028 `o?OF vv F,9QG MEMORANDUM tvnutact r c"Wvy, VuvCtnut William G Ross Jr , Secretary North Carolina Department of Environment and Natural Resources ' Coleen Sullins, Director ?1a i5161)?8?o Division of Water Quality R I - 2008 04 August 29, 2008 To Melba McGee, DENR Environmental Coordinator From Rob Ridings, Division of Water Quality, Transportation Permitting Unit Subject Comments on the Environmental Assessment related to proposed improvements to NC - 210 from Fayetteville Outer Loops to NC 27/87, Cumberland County, Federal Aid Project No STP-210(11), State Project No 36492 12, TIP No U-4444, DENR Clearinghouse No 09-0044 This office has reviewed the referenced document dated received August 25, 2008 The Division of Water Quality (DWQ) is responsible for the issuance of the Section 401 Water Quality Certification for activities that impact Waters of the U S , including wetlands It is our understanding that the project as presented will result in impacts to junsdictional wetlands, streams, and other surface waters The DWQ offers the following comments based on review of the aforementioned document- Project Specific Comments. This project is being planned as part of the 404/NEPA Merger Process As a participating team member, the NCDWQ will continue to work with the team 2 Cross Creek, Little Cross Creek, and their tributaries are class WS-IV, 303(d) waters of the State DWQ is very concerned with sediment and erosion impacts that could result from this project DWQ recommends that the most protective sediment and erosion control BMPs be implemented to reduce the risk of nutrient runoff to these waters DWQ requests that road design plans provide treatment of the storm water runoff through best management practices as detailed in the most recent version of NC DWQ Stormwater Best Management Practices General Comments: 2 The environmental document shall provide a detailed and itemized presentation of the proposed impacts to wetlands and streams with corresponding mapping If mitigation is necessary as required by 15A NCAC 2H 0506(h), it is preferable to present a conceptual (if not finalized) rmtigation plan with the environmental documentation Appropriate mitigation plans will be required prior to issuance of a 401 Water Quality Certification 3 Environmental assessment alternatives shall consider design criteria that reduce the impacts to streams and wetlands from storm water runoff These alternatives shall include road designs that allow for treatment of the storm water runoff through best management practices as detailed in the most recent version of NC DWQ Stormwater Best Management Practices, such as grassed swales, buffer areas, preformed scour holes, retention basins, etc N?AhCarolma Transportation Permitting Unit d0warQily 1650 Mad Service Center, Raleigh, North Carolina 27699 1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone 919-733 1786 / FAX 919-733-6893 / Internet: htto //h2o enr state nc us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper 1 1 1 ? l I r 4 After the selection of the preferred alternative and prior to an issuance of the 401 Water Quality ' Certification, the NCDOT is respectfully reminded that they will need to demonstrate the avoidance and minimization of impacts to wetlands (and streams) to the maximum extent practical In accordance with the Environmental Management Commission's Rules 115A NCAC 2H 0506(h)), ' mitigation will be required for impacts of greater than 1 acre to wetlands hi the event that mitigation is required, the mitigation plan should be designed to replace appropriate lost functions and values The NC Ecosystem Enhancement Program may be available for use as wetland ' mitigation 5 In accordance with the Environmental Management Commission's Rules 115A NCAC 2H 0506(h)), mitigation will be required for impacts of greater than 150 linear feet to any single perennial stream In the event that mitigation is required, the mitigation plan shall be designed to replace appropriate lost functions and values The NC Ecosystem Enhancement Program may be available for use as stream mitigation 6 Future documentation, including the 401 Water Quality Certification Application, should continue to include an itemized listing of the proposed wetland and stream impacts with corresponding mapping 7 DWQ is very concerned with sediment and erosion impacts that could result from this project NC ' DOT shall address these concerns by describing the potential impacts that may occur to the aquatic environments and any mitigating factors that would reduce the impacts 8 An analysis of cumulative and secondary impacts anticipated as a result of tlus project is required The type and detail of analysis shall conform to the NC Division of Water Quality Policy on the assessment of secondary and cumulative impacts dated April 10, 2004 9 NC DOT is respectfully reminded that all impacts, including but not limited to, bridging, fill, excavation and clearing, to jurisdictional wetlands, streams, and riparian buffers need to be included in the final impact calculations These impacts, in addition to any construction impacts, temporary ' or otherwise, also need to be included as part of the 401 Water Quality Certification Application r 10 Where streams must be crossed, the DWQ prefers bridges be used in lieu of culverts However, we realize that economic considerations often require the use of culverts Please be advised that culverts shall be countersunk to allow unimpeded passage by fish and other aquatic organisms Moreover, in areas where high quality wetlands or streams are impacted, a bridge may prove preferable When applicable, DOT should not install the bridge bents in the creek, to the maximum ' extent practicable 11 Sediment and erosion control measures shall not be placed in wetlands or streams 12 Borrow/waste areas shall avoid wetlands to the maximum extent practical Impacts to wetlands in borrow/waste areas will need to be presented in the 401 Water Quality Certification and could ' precipitate compensatory mitigation 13 The 401 Water Quality Certification application will need to specifically address the proposed ' methods for stormwater management More specifically, stormwater shall not be permitted to discharge directly into streams or surface waters 11 , 14 Based on the information presented in the document, the magnitude of impacts to wetlands and streams may require an Individual Permit (IP) application to the Corps of Engineers and corresponding 401 Water Quality Certification Please be advised that a 401 Water Quality ' Certification requires satisfactory protection of water quality to ensure that water quality standards are met and no wetland or stream uses are lost Final permit authorization will require the submittal of a formal application by the NCDOT and written concurrence from the NCDWQ Please be ' aware that any approval will be contingent on appropriate avoidance and minimization of wetland and stream impacts to the maximum extent practical, the development of an acceptable stormwater management plan, and the inclusion of appropriate mitigation plans where appropriate , 15 Bridge supports (bents) shall not be placed in the stream when possible 16 Whenever possible, the DWQ prefers spanning structures Spanning structures usually do not ' require work within the stream or grubbing of the streambanks and do not require stream channel realignment The horizontal and vertical clearances provided by bridges allow for human and wildlife passage beneath the structure, do not block fish passage and do not block navigation by ' canoeists and boaters 17 Bridge deck drains shall not discharge directly into the stream Stormwater shall be directed across ' the bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc ) before entering the stream Please refer to the most current version of NC DWQ Stormwater Best Management Practices ' 18 If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and ' fish kills 19 If temporary access roads or detours are constructed, the site shall be graded to its preconstruction , contours and elevations Disturbed areas shall be seeded or mulched to stabilize the soil and appropriate native woody species shall be planted When using temporary structures the area shall be cleared but not grubbed Clearing the area with chain saws, mowers, bush-hogs, or other , mechanized equipment and leaving the stumps and root mat intact allows the area to re-vegetate naturally and minimizes soil disturbance 20 Placement of culverts and other structures in waters, streams, and wetlands shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life Design and placement of culverts and other structures ' including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambds or banks, adjacent to or upstream and down stream of the above structures The applicant is required to provide evidence that the equilibrium is being ' maintained if requested in writing by DWQ If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact the NC DWQ for guidance on how to proceed and to determine whether or not a permit modification will be required ' 21 If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where , appropriate Widening the stream channel shall be avoided Stream channel widening at the inlet or P 1 outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage 22 Sediment and erosion control measures sufficient to protect water resources must be implemented and maintained in accordance with the most recent version of North Carolina Sediment and Erosion Control Planning and Design Manual and the most recent version of NCS000250 23 All work in or adjacent to stream waters shall be conducted in a dry work area Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water 24 While the use of National Wetland Inventory (NWI) maps, NC Coastal Region Evaluation of Wetland Significance (NC-CREWS) maps and soil survey maps are useful tools, their inherent inaccuracies require that qualified personnel perform onsnte wetland delineations prior to permit approval 25 Heavy equipment shall be operated from the bank rather than in stream channels in order to nummnze sedimentation and reduce the likelihood of introducing other pollutants into streams This equipment should be inspected daily and maintained to prevent contamination of surface waters from leaking fuels, lubricants, hydraulic fluids, or other toxic materials 26 Rnprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage Bnoengineernng boulders or structures shall be properly designed, sized and installed 27 Riparian vegetation (native trees and shrubs) shall be preserved to the maximum extent possible ' Riparian vegetation must be reestablished within the construction hmrts of the project by the end of the growing season following completion of construction ' The NCDWQ appreciates the opportunity to provide comments on your project Shall you have any questions or require any additional information, please contact Rob Ridings at (919) 733-9817 1 1 ii cc Richard Spencer, US Army Corps of Engineers, Wilmington Field Office ?? w Clarence Coleman, Federal Highway Administration '?1' 'd1 ' Gregory J Thorpe, Ph D, NCDOT PDEA d E` "?- ?? Jim Rerko, Division 6 Environmental Officer <';•? ?O `; ? Chris Mnlmtscher, Environmental Protection Agency c0 ? ? ®"s' ?' Q Travis Wilson, NC Wildlife Resources Commission g File Copy `F,