20161268 Ver 1_R-4751 & R-3300 federal consistency determination_20170616

Carpenter,Kristi
From: Brittingham, Cathy
Sent: Friday, June 16, 2017 12:39 PM
To: Rivenbark, Chris; Shaver, Brad E SAW
([e-mail])
Cr. Lane, Stephen; Huggett, Doug; Steenhuis, Joanne
Subject: R-4751 & R-3300 federa) consistency determination
Attachments: U-4751 & R-3300 consistency determination final.pdf
Hello,
Please find attached a federal consistency determination for U-4751 and R-
3300. A paper copy will be sent to NCDOT in Raleigh.
Please let me or Stephen Lane know if you have any questions or concerns.
Sincerely,
Cathy Brittingham
Cathy Brittingham, Transportation Project Coordinator
N.C. Division of Coastal Management
[phone] phone
cathy.brittin lg�iam(a�ncdenr.gov
Mailing Address: _
c/o DWR Wetlands Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Physical Address:
512 North Salisbury Street
Archdale Building
12�n Floor, Room 1204G
Raleigh, NC 27604
Please visit https:l/deq.nc.qovlabout/divisions/coastal-manaqementl for more information about the
N.C. Division of Coastal Management.
E-mail correspondence to and from this address may be subject to the North Carolina Public
Records Law and may be disclosed to third parties

;' �;
Caas[af Managemenr
ENYIRONMENTAL �UALI7Y
June 1 b, 2017
1Vir. Philip S. Harris ���
N.C. Department of Transportation
159$ Mail Service Center
Ralei�h, North Carolina 27699-1598
ROY COQPER
Governor
1vIICHAEL S. REGAN
Secretary
BRAXTC�IV �. RAV15
Director
SUBJ�CT: CD17-018 -�onsistency Conc�rrence regarding the proposed SR 1409
(�Vlalitary Cu�off Road) eatension and US 17 �-Iampstead Bypass en New
Hanover and Pe�d�� Co��nties, TIP U-4751 & R-33Q0 (DCl`v� #2�170006)
Dear IVIr. Harris:
The N.C. Division of Coastal Managerr�ent (DCIV1) �eceived the N.C. Department of
Transpor�ation (NC'Df)T} consistency submission an December 21, 2�1b re�arding a proposal to
constr�ct TTP U-4�?51 and 'I'I�' R-3300. DCM received revised infarn�►ation regarding the pro�ect
on May 2b, 2�i7. TIP LJ-�751, the Military Cutoff Rc�ad ex�ension, is a 5.� mile s�x-lane divided
roadway on new lacation from its current terre�inus at �1S 17 B�usiness in Wil�ington north to an
interchange with the US 17 Wilrnington Bypass in New Hanover County. TIP R-3300, the US
17 Hamps�ead Bypass, is a freeway mostly on n�w lacati€�a� c�nnecting to the proposed 1Vlilitary
Cutoff Road Eatension at the existing US 17 Wi1mIlr�gton Bypass and extending to existing US
17 north c�f ��ampstead irt Pender County.
�'�iorth Caroiina's coastal zone ma�agernen� prograrm cc�nsists of, but is nat liinited to, the Coasta�
1�rea IVlanagement Act, the State's DredgE and Fil� L,aw, Cl�apter 7 af Title 15A of North
Carolina's Administrative Code, and the land use plan(s} af the co�nties and/or local
municipalifies in wt�ich ihe praposect. project is locaied. It is the �bjective o� DCM to mana�e the
�tate's coastal resources to ens��re ��at propased �ederal activities would be compatible with
safe�;uarding and perpetuating the biological, social, ecanomic and aesthetic values o� the State's
co�stal resou�ces.
TIP U-4751 and TIP R.-�300 are consic��r�d one complete praject for the purposes of the
NEPA./404 rnerge� process. The tatal length of the selected alternative for the two projects is
approximately 17.5 miles. Coa�structio� of the entire proje�:t, bncl�ding both TIP' U-4751 and
TIP R-33{��, is expected to perrianently ir�pact up tcr 216.38 acres of wetlands, 10.�2 acres of
sur�ace waters, and � 4,022 linear feet of streams. Hawever, the TIP R-330� section of the
projecr is currently u��.funded and jurisdictic�r�afl resource impacts of �hat s�ection af tl�e proj�ct are
mot based an f�nal d�si;n.
Statc of North Carolina I Environmcncal Q�aliEy I Coasta& Management
Marehead City Office I 400 Commerce Avenue I Marehead City, NC 28557
252 808 2$U8

DCM has reviewed the submitted information pursuant to the management objectives and
enforceable policies of Subchapters �H and 7M of Chapter 7 in Title 15A of the North Carolina
Administrative Code. DCM concurs that the proposed project by the NCDOT is consistent, to
the ma.ximum extent practicable, with North Carolina's certified coastal management pragram,
with the following conditions
1. This Conditional Consistency Concurrence applies to the full complete praject at the
current stage of project development and environmental analysis #hat has been attained.
Therefore, this Conditional Consistency Concurrence certifies consistency of TIP U-4751
for the purposes of construction. However, this Conditional Consistency Concurrence
does not certify consistency of TIP R-3300 for the purposes of construction.
2. In the future, when the final design and a compensatory mitigation plan for TIP R-3300
are complete, NCDQT shall submit a Supplemental Consistency Determination to DCM
in accordance with provisions of Federal Consistency under 15 CFR § 930.46,
Supplemental Coordination for Praposed Activities. NCDOT shall request that DCM
respond with a determination ifthe project with the proposed changes, including final
design and a compensatory mitigation plan for TIP R-3300, remains consistent with
North Caralina's Coastal Management Program.
Prior to the initiation of the described activiiies, NCDOT should obtain any required State
approvals or authorizations. Should the proposed action be modified, a revised consistency
determination could be necessary. T'his might take the form of either a supplemental consistency
determination pursuant to 15 CFR 930.46, ar a new consistency certification pursuani to
15 CFR 930.36. Likewise, if further project assessments reveal enviranmenta.l effects not
previously considered by the proposed development, a supplemental consistency certification
may be required.
If you have any questions, please contact DCM Transporta.tion Project Coordinator Cathy
Brittingham at [phone] or via e-mail at [e-mail]. Thank you for
your consideration of the North Carolina Coastal Management Program.
Sincerely,
. ��-�- ��'� "
Doug Huggett
Manager, Major Permits Unit
cc: Stephen Lane, DCM
Chris Rivenbark, NCDOT
Brad Shaver, USACE
Joanne Steenhuis, DWR
State of Narth Carotina � Env3rortmerrcal Quality I CoasYal Management
Morehead City OfFice I 400 Commerce Avenuc I Morehead Gty, NC 28557
252 808 2808