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Home My WebLink About20181249 Ver 1_Public Hearing Information_20181116Complete 540 Public Hearing November 16, 2018 Speaker's Comments Elected official: Greg Ford with Wake County Board of Commissioners In favor of the project. The Complete 540 is fundamental to land use plans and future planning in Wake County. Believes this project has bi-partisan support. Matthew Starr: Upper Neuse Riverkeeper Easy to see that this project will have a large impact on 11 miles of stream, 65 acres of wetlands in one of the most important watersheds. This watershed houses 13 protected species and is a Natural Heritage Area. This project will increase sediment loads and continue to impact the watershed. DEQ should not issue the 401. Will Price: SELC DEQ should deny the 401 because there are more prectical alternatives with less environmentally damaging effects. DOT failed to look at improving existing roads. He prefers the red route through the Town of Garner. Daniel Parkhurst: Clean Air Carolina Air pollution and water pollution are tied together. Worried about the negative effects to the resources due to increased traffic and sprewl. DOT should look at improving public transportation and existing roadways. This project goes against Governor Coopers initiative to combat climate change. DEQ should deny the 401. Maia Hutt: SELC DEQ should deny the 401 because there are more practical alternatives with less environmentally damaging effects. DOT failed to look at improving existing roads. This project will increase congestion on existing roads. Southern Wake County will see development like Raleigh. Water quality standards will degrade due to this project. Nick Jimenez: SELC Access 2040 should be considered which is improving existing roads and less cost and impacts to the environment. He showed this map at the hearing: httos://www.southernenvironment.or�/uqloads/news-feed/Fiaure 3 NC 540.io¢ He also stated that the timing of the public hearing was not favorable for public comments. He wants DWR to have future public hearings. 0 Geoff Lang: RTA (Regional Transportation Alliance) Vital to complete 540. He's confident that DOT did its due diligence for environmental protection and that they are fully mitigating the impacts. He applauds DOT for spending $5 million on endangered species mitigation and research. � Joe Miuzzo: RTA Need to complete 540. I-40 is congested. No other way to get around unless 540 is completed. The project will be safer than widening existing roads due to the lack of stop lights on the freeway. Secondary roads can't handle the increased congestion. This project compliments Wake County's transportation plan. Michael Haley: Wake County Economic Development This project is a result of a planned corridor. Important to complete 540. Smart growth like this is critical. He's confident that DOT did its due diligence for environmental protection and that they are fully mitigating the impacts. South East Wake has large growth and needs this project. Joey Irby: RTA Vital to complete 540. He's confident that DOT did its due diligence for environmental protection and that they are fully mitigating the impacts. South East Wake has large growth and needs this project. Mike Krannitz: RTA Resident offTen-Ten Road since 1984. Supports 540. Widening ofTen-Ten since it's a ridgeline, would impact swift Creek. Any corridor with idling cars will increase air and water pollution due to the stop lights. Jim Beley: Umstead Hotel . Supports 540. Applauds DOTs responsiveness to the public. Umstead employees 340 people that must get from their homes to work. This is a challenge without 540 being complete. He's confident that DOT did its due diligence for environmental protection and that they are fully mitigating the impacts. He's sure this project will not violate the Clean Water Act. Pete Marino: RTA and Smith Anderson This project is a result of a planned corridor. Important to complete 540. Smart growth like this is critical. He's confident that DOT did its due diligence for environmental protection and that they are fully mitigating the impacts. South East Wake has large growth and needs to project. Mike Mancure: Smithfield Chamber of Commerce He represents 470 companies that are dependent on 540 being completed. He supports the project and trusts that DOT did their due diligence. .._ Chris Johnston: Johnston Company � , He lives in Johnston County. There are 200,000 people in Johnston County and this is just increasing. In 10-15 years there will be more than 300,000 people. This project is about jobs and the quality of life. This will help the rural areas because they can better access the jobs in the urban areas. Kerry Heckle: UNC Rex Healthcare Supports the project to alleviate congestion. This project will be a time savings and is critical for emergency services to have quick access. The' alternatives being proposed will not help emergency services because they will be stopped by traffic congestion and stop lights. � Natalie Griffith: RTA ' This project is a result of a planned corridor. Important to complete 540. Smart growth like this is critical. She's confident that DOT did its due diligence for environmental protection and that they are fully mitigating the impacts. South East Wake has large growth and needs to project. April Wood: Garner Chamber of Commerce Vital to complete 540. Will allow for free flow traffic to access jobs. This project will provide long term economic viability. � Michael Greenspan: Resident of Cary Area is going to continue to grow. Believes DOT will mitigate the impacts. Approves the project. Anne Runyon: Resident of Garner Disappointed in the hearing that DOT had in February of 2018. The hearing had •no discussion or input from the public. She believes that DOT could elevate the road above the wetlands. Also, she supports the Access 2040 plan as an alternative. Jackie Gray: Resident of Raleigh Against the project. Believes it will contribute to the carbon load. She believes this happened when the portion of 540 was completed near Apex. This project goes against Governor Cooper's initiative to combat climate change. She supports upgrading existing roads and the Access 2040 plan as alternatives. Heather Clarkson: Defenders of Wildlife This project will have a negatiue impact on the protected species. She believes this project will destroy � wetlands and their functions (she went into the explanation of wetland functions). Will Lechworth: RTA Growth is here and more coming. Supports the project. He's familiar with and has been a part of DOT's design/build process. He knows this process is designed to reduce impacts to the environment to the greatest extent practicable. Bryan Fox: Greater Durham Chamber of Commerce Supports. There is a rich history of�balancing development and environmental impacts. DOT is not ignoring the environment with this project. Ryan Combs: Research Triangle Regional Partnership Raleigh native. 100 people a day move here. Fastest growing region of the state. 300,000 people drive along this corridor. This project is vital for the State. Public transit is not enough. Keep the region moving and build the project. Roger Friedensen: RTA and Forge Communications Complete 540 will bring Wake and Johnston Counties a main East/West artery. People are coming and we need to provide transportation. This project is responsible and sensible. � Rodney Dickerson: Town of Garner Supports 540. Has used this planned corridor to plan. He can see congestion from Wake and tremendous growth in the area. We need the infrastructure to support the growth. The red route would cost Garner millions of dollars and displace many people. Michelle Myers: Center for Biological Diversity This project will degrade streams. The increased development that this project will cause, will impact Swift Creek and will escalate the sediment impacts to the species' habitats. There will be increased stormwater run-off into the sensitive watershed. DOT is unable to mitigate for the impacts to the threatened species. z 3 Name �� J �� % ' 'J w;ll �i( ,,� �ah,e1 1, a(��Xn�nrSY `' -� �d / v�t � � � � c;t i u y �� . � � � ` ,�l � :'1 � � �� , j;, �- )� 11 �� ZZ c� Affiliation � / y�E� F'�6� f,� -� ��+.`� ��1,^�, : ,,�,-, �„'� ^�� C�.IN C.�IC'C.ih / \ �r �a(o f i'^d� �/VG.Kt2_ ��r1•..n'Fy �)d�:ic� �n �.:��.r�•J,yv.-.+iJ S G �=� ��,�Vti �_b1�i . 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Attn.: Ms. Amy Chapman, Transportation Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 amy. chapman@ncdenr. gov Re: Request for Public Hearing on N.C. Department of Transportation's Application for Federal Clean Water Act Section 404 Permit and Clean Water Act Section 401 State Water Quality Certification for Complete 540 Project Dear Mr. Alsmeyer and Ms. Chapman, On behalf of Sound Rivers, Inc., Clean Air Carolina, and the Center for Biological Diversity ("the Conservation Groups"), the Southern Environmental Law Center ("SELC") requests that the U.S. Army Corps of Engineers (the "Corps") and the North Carolina Department of Environmental Quality, Division of Water Resources ("DWR") hold at least one public hearing on the North Carolina Department of Transportation's ("NCDOT") applications to the Corps for a Clean Water Act dredge and fill permit pursuant to Section 404, 33 U.S.C. § 1344, and to DWR for a state water quality certification pursuant to Clean Water Act Section 401, 33 U.S.C. § 1341, and 15A N.C. Admin. Code 2H.0502, for the proposed Complete 540 toll highway project. The Corps has published a public notice of this application, although the notice does not include a copy of the application itself.l The Conservation Groups received a copy only after SELC requested the application materials directly from the Corps, and after SELC insisted that a ' PUBLIC NOTICE, U.S. A� Cox�s oF ENG'RS (Sept. 25, 2018), http•//www saw usace.armv.mil/Missions/Re u�latorv-Permit-Pro�ram/Public-Notices/article- view-di splay/Article/1644762/saw-2009-02240/. Charlottesville • Chapel Hill • Atlanta • Asheville • Birmingham • Charleston • Nashville • Richmond • Washington, DC � Eric Alsmeyer, U.S. Army Corps of Engineers Amy Chapman, N.C. Division of Water Resources October 1, 2018 Page 2 copy be provided promptly and outside of the burdensome Freedom of Information Act ("FOIA") process. Public notice of NCDOT's Section 401 application was also flawed, resulting in an arbitrarily abbreviated comment period. .The joint notice, published by the Corps, does not state when DWR will make a final determination on NCDOT's Section 401 application and therefore violates the requirement that the notice include the "proposed date of final action to be taken by the Director upon the application." 15A N.C. Admin. Code 02H.0503(b). The Conservation Groups request that DWR identify the date of its final decision and extend the public comment period to fifteen days before that date. The Corps and DWR must hold at least one public hearing before making their final decisions. The Corps must provide "notice and opportunity for public hearing" before it may issue a Section 404 permit. 33 C.F.R. § 320.2( fl. Similarly, North Carolina law provides that DWR will hold a public hearing on a Section 401 application "[i]f the Director determines that it is in the public interest that a public hearing for the purpose of reviewing public comment and additional information be held prior to granting or denying certification ...." 15A N.C. Admin. Code 2H.0504(a). � The Conservation Groups have serious concerns about NCDOT's applications and identify substantial issues that warrant further review. The Complete 540 project would have devastating human and environmental impacts that must be evaluated publicly. The Conservation Groups detailed some of these impacts in a January 8, 2016 comment letter to the Corps concerning the draft environmental impact statement ("DEIS") prepared by NCDOT, as well as in a February 22, 2018 comment letter to NCDOT concerning the final environmental impact statement ("FEIS"). The Conservation Groups intend to provide full written comments to both DWR and the Corps concerning NCDOT's permit applications within the requisite comment periods. For the present purpose of indicating the need for a public hearing on the two permit applications, the Conservation Groups here very briefly review some of the reasons that the Corps cannot issue a permit for Complete 540 consistently with the mandate of the Section 404(b)(1) guidelines and statutory authority, see 33 C.F.R. § 323.6(a); 40 C.F.R. § 230.12(a)(3), and DWR cannot lawfully issue a Section 401 water quality certification, see 15A N.C. Admin. Code 2H.0506. The project's inordinate cost renders it impracticable, and there are less destructive practicable alternatives that have not been adequately reviewed largely as a result of a flawed screening process. It would cause unprecedented destruction to the aquatic environment, removing and degrading dozens of acres of wetlands, several miles of streams, and hundreds of ponds, as well as jeopardizing the continued existence of aquatic species. NCDOT has not taken adequate steps to minimize harm to the aquatic ecosystem, including to threatened and endangered species. Finally, NCDOT has not provided sufficient information to support an informed decision on its combined application. 2 > Eric Alsmeyer, U.S. Army Corps of Engineers Amy Chapman, N.C. Division of Water Resources October 1, 2018 Page 3 A public hearing is necessary to help clarify these and other issues for the Corps' further consideration. See 33 C.F.R. § 327.3. Furthermore, the volume of public comments submitted during the NEPA review process indicates the public's strong interest in the Complete 540 project and the need for a public hearing. The DEIS generated comments from 1,476 individuals, plus local governments, federal agencies, and other stakeholders. Nearly a dozen public interest groups commented on the FEIS, including SELC, on behalf of Sound Rivers and Clean Air Carolina; Regional Transportation Alliance; Triangle Greenways Council; Cary Chamber of Commerce the Center for Biological Diversity; Defenders of Wildlife; NC League of Conservation Voters; NC Conservation Network; NC Justice Center; Wildlands Network; and WakeUp Wake County. Over 600 individuals commented on the FEIS expressing their opposition, and 175 commented expressing support. Accordingly, the Conservation Groups request a public hearing on NCDOT's combined application for a Section 404 permit and a Section 401 certification. If you have any questions about the foregoing, please do not hesitate to contact me. Best regards, ---� ��<'� Kym Hunter Senior Attorney Southern Environmental Law Center