20181598 Ver 1_CAMA R-1015 Havelock Bypass FEIS comments_20151231

Department of Environmental Quality
Project Review Form
Project Number: 16-0163 County: Craven
Due Date: 1/1/2016
Date Received: 12/07/2015
Project Description: Final Environmental Impact Statement - Proposed construction of a new, 10-mile,
four lane divided, controlled-access freeway for US 70 Bypass around the
southwest side of the City of Havelock. TIP#R-1015
reviewed 93-0056, 98-0539 & 12-0082
This Project is being reviewed as indicated below:
Regional Ofiice
_ Asheville
_ Fayetteville
Mooresville
_ Raleigh
✓ Washington
_ Wilmington
O[fice Area
�/ Air
�/ DWR
✓ DWR - Public Water
,/ DEMLR (LQ & SW)
In-House Review
Air Quality
Parks & Recreation
✓ Waste Mgmt
Water Resources Mgmt
(Public Water, Planning & Water
Quality Program)
� DWR-TranspoRation Unit
Garcv Ward
�/ Coastai Management
� DCM-Marine Fisheries
Military Affairs
DMF-Shellfish Sanitation
Winston-Salem
Sign-Off/Region:
✓ DWM-UST
Response (check all applicable)
_ No objection to project as proposed.
_ Insufficient information to complete review
ia-3i-is
_ No Comment
i�Other (specify or attach comments)
_ Wildlife
✓ Wildlife—DOTTravis Wilson
,1-�o�v�
If you have any questions, please contact:
Lyn Hardison at lvn.hardisonna,ncdenr.eov or 252) 948-3842
943 Was6ingt�quare a as �ngton C 27589
Courier No. 16-04-01

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CoastaJManagement
ENVIRONMENTAL OUALItY
December 31, 2015
Ms. Lyn Hardison, Environmental Assistance and SEPA Coordinator
N.C. Department of Environmental Quality
Washington Regional Office
943 Washington Square Mall
Washington, NC'27889
sec,emry
BRAXTON DAVIS
Direc(ar
RE: SCH No. 16-0163. Proposed construction of a new, 10-mile, four lane divided, controlled-access
freeway for US 70 Bypass around the southwest side of the City of Havelock in Craven County. Final
Environmental Impact Statement dated 30/27/15.
Dear Ms. Hardison:
The N.C. Division of Coastal Management (DCM) appreciates the opportunity to comment on the Final
Environmental Impact Statement (FEIS) for the above referenced project. DCM received a notice on
12/10/15 that the FEIS was available for review on the SEPA portal.
This project is being carried through the NEPA/404 Merger Process, and DCM is a member ofthe
NEPA/404 project team. It appears as though the information contained within the FEIS is consistent
with the information that has been provided to DCM, and upon which we have commented, throughout
the NEPA/404 Merger Process. DCM looks forward to continued discussions with the NEPA/404 project
team regarding additional measures to avoid and minimize impacts of this project to coastal resources.
The FEIS accurately describes DCM's determination during the NEPA/404 Merger Process that the
planned alignment of the project does not impact any Areas of Environmental Concern (AECs) as defined
by the Coastal Area Management Act (CAMA). Therefore, provided the planned alignment does not
change, a CAMA permit is not required for this project. The FEIS also describes the requirements of
Federal Consistency (15 CFR 930) that the applicant certify to the federal agency and DCM that the
proposed activity will be conducted in a manner that is consistent with the State's coastal management
program.
DCM would like to provide some clarification to the following statement on page 5-28 of the FEIS, which
states: "a consistency determination was completed in accordance with the State's coastal
management program." Although an informal review of federal consistency occurs throughout the
NEPA/404 merger process to identify any potential conflicts, the final federal consistency determination
will occur after final project design is complete. This is usually at approximately the same time that the
NCDOT submits an application to the U.S. Army Corps of Engineers for an Individual Permit (CWA §404).
This clarification also applies to pages 4-1, 4-2, and 43 within Section 4.1.2 titled "Consistency with Land
Use and Transportation Plans," and page 4-123 within Section 4.14.7 titled "N.C. Coastal Area
Management Act Areas of Environmental Concern."
PAT MCCRORY
Govemar
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Slate of Nonh Carolina I Environmental Quality � Coastal Management
c/oDWRWetlandsUni� 1617MailServiceCenter� RaleiglSNC 27699-16I7
919-707-9149

NCDOT's certification of project consistency should be based on a review of the proposed projecYs
conformance with the enforceable policies of North Carolina's coastal program, and the information and
data required by 15 CFR 930.58. NCDOT's certification of project consistency should also be based on a
review of the projecYs consistency with the most current CAMA Land Use Plans that have been certified
by the Coastal Resources Commission (CRC). The supporting information provided to DCM shall
demonstrate how the proposed project is consistent. DCM will circulate the consistency certification to
the network of state agencies that comprise North Carolina's Coastal Management Program. The
statutes, rules and policies of each of these agencies must be considered in order for the project to be
determined to be consistent with the state's Coastal Management Program. The consideration and
incorporation by the N.C. Department of Transportation (NCDOT) of the comments received during the
NEPA/404 Merger Process into the final project design will help to expedite the DCM federel consistency
review process. .
During the federal consistency review process, DCM may have additional comments after examining the
more detailed environmental information that will be provided. DCM may require that certain
conditions be met in order to achieve federal consistency. The comments provided in this letter shall not
preclude DCM from requesting additional information throughout the federal consistency review
process, and following normal procedures.
Please contact me or Stephen Lane or if you have any questions or concerns. I can be reached at (919)
707-9149 or via e-mail at Cathv.brittinahamC�ncdenr.eov. Stephen can be reached at [phone]
ext. 208 or via e-mail at Stephen.Lane@ncdenr.�ov. Thank you for your consideration of the North
Carolina Coastal Management Program.
Sincerely,
<
�
Cathy Brittin m
Transportation Project Coordinator
cc: Tom Steffens, USACE
Garcy Ward, DWR
Travis Wilson, WRC
Stephen Lane, DCM
Shane Staples, DCM
Rachel Love-Adrick, DCM