[Federal Register Volume 74, Number 26 (Tuesday, February 10, 2009)]
[Notices]
[Pages 6601-6602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2807]


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DEPARTMENT OF DEFENSE

Department of the Army; Corps of Engineers


Notice of Intent To Prepare a Draft Environmental Impact 
Statement in Cooperation With the North Carolina Department of 
Transportation for the Improvement of a 27.3 Mile Segment of US Highway 
64 in Tyrrell and Dare Counties, NC

AGENCY: Department of the Army, U.S. Army Corps of Engineers, DoD.

ACTION: Notice of intent.

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SUMMARY: The U.S. Army Corps of Engineers (COE), Wilmington District, 
Wilmington Regulatory Division is issuing this notice to advise the 
public that a State of North Carolina funded Draft Environmental Impact 
Statement (DEIS) will be prepared for the improvement of US 64 to a 
multilane facility, and replacement of the Lindsey C. Warren bridge in 
Tyrrell and Dare Counties, North Carolina (TIP Projects R-2544 and R-
2545).

FOR FURTHER INFORMATION CONTACT: Questions about the proposed action 
and DEIS can be directed to Mr. Bill Biddlecome, Regulatory Project 
Manager, Washington Regulatory Field Office, Post Office Box 1000, 
Washington, NC 27889-1000; telephone: (252) 975-1616, extension 26 or 
Mr. Ted Devens, PE, Project Engineer, North Carolina Department of 
Transportation, 1548 Mail Service Center, Raleigh, NC 27699-1548, 
telephone: (919) 733-7844, ext. 360.

SUPPLEMENTARY INFORMATION: The COE in cooperation with the North 
Carolina Department of Transportation will prepare an Environmental 
Impact Statement (EIS) on a proposal to improve a 27.3 mile segment of 
existing US 64 in Tyrrell (TIP No. R-2545) and Dare (TIP No. R-2544) 
Counties, North Carolina, from a two-lane to a multiple-lane roadway 
and replace the Lindsey C. Warren Bridge over the Alligator River.
    The proposed project is considered necessary to insure consistency 
with North Carolina's Strategic Highway Corridor Plan (which seeks 
long-term interconnectivity of consistent transportation corridors in 
North Carolina) and the Intrastate Highway System, to reduce US 64 
hurricane evacuation time to better meet state clearance goals in the 
project study area, and for maintaining/improving a bridge across the 
Alligator River that meets the needs of highway users.
    In 1989, US 64 was designated as part of the State's Intrastate 
System under Chapter 136 of the North Carolina

[[Page 6602]]

General Statutes. In January 1999, NCDOT initiated a study to improve 
US 64 to a multi-lane facility from Columbia in Tyrrell County east to 
US 64/US 264 in Dare County. A series of meetings were held with local 
officials and residents of East Lake and Manns Harbor. There was 
general support for the project from local officials and residents.
    In 2002 the project was presented to Federal and State Resource and 
Regulatory Agencies to gain concurrence on the purpose and need for the 
project. Following the meeting, it was agreed that further work on the 
US 64 project would be postponed pending completion of a revised 
Hurricane Evacuation study. The hurricane model revisions were 
completed in 2005. Model development was accomplished in conjunction 
with an Oversight Committee consisting of representatives from NCDOT, 
FHWA, numerous state and federal environmental resource and regulatory 
agencies, and Emergency Management officials from North Carolina's 
coastal counties. It was agreed that an 18-hour standard for clearance 
times would be applied to a Category 3 storm with 75 percent tourist 
occupancy. The 18-hour goal was adopted by the North Carolina 
Legislature in 2005. Following the completion of the new Hurricane 
Evacuation Study, the project was reinitiated as a State funded 
Environmental Impact Statement.
    A scoping meeting was conducted on February 6, 2007 followed by a 
Public Officials Meeting and Citizens Informational Workshop on March 
14, 2007. Public officials from Tyrrell and Dare Counties and the Towns 
of Columbia and Manteo attended the public officials meeting. There was 
unanimous support for the project from all local officials. A NEPA/404 
Merger 01 Purpose and Need meeting was conducted on June 14, 2007. The 
Merger Team, which was comprised of Federal and State Resource and 
Regulatory Agencies, agreed that a suitable Purpose and Need exists for 
the project.
    The US 64 corridor in eastern North Carolina has been improved from 
two to four lanes west and east of the project corridor. This proposed 
action would complete intrastate improvements to US 64 between Raleigh 
and the Outer Banks. The current 2007-2013 North Carolina 
Transportation Improvement Program (TIP) lists R-2544 and R-2545 for 
Right-of-Way acquisition in Fiscal Year (FY) 2012. The Lindsey C. 
Warren Bridge R-2545B is scheduled to be let for construction in FY 
2012. Construction for other sections is post year.
    Environmental consequences: CEQ regulations (40 CFR 1502.16) state 
the EIS will include the environmental impacts of the alternatives 
including the proposed action, any adverse environmental effects which 
cannot be avoided should the proposal be implemented, the relationship 
between short-term uses of man's environment and the maintenance and 
enhancement of long-term productivity, and any irreversible or 
irretrievable commitments of resources which would be involved in the 
proposal should it be implemented. The EIS will assess a reasonable 
number of alternatives and identify and disclose the direct impacts of 
the proposed project on the following: Topography, geology, soils, 
climate, biotic communities, wetlands, fish and wildlife resources, 
endangered and threatened species, hydrology, water resources and water 
quality, floodplains, hazardous materials, air quality, noise, 
aesthetics, recreational resources, historical and cultural resources, 
socioeconomics, land use, public health and safety, energy requirements 
and conservation, natural or non-renewable resources, drinking waters, 
and environmental justice.
    Secondary and cumulative environmental impacts: Cumulative impacts 
result from the incremental impact of the proposed action when added to 
past, present, and reasonably foreseeable future actions, regardless of 
what agency or person undertakes the action. Geographic Information 
System (GIS) data and mapping will be used to evaluate and quantify 
secondary and cumulative impacts of the proposed project with 
particular emphasis given to wetlands and surface/groundwater 
resources.
    Mitigation: CEQ regulations (40 CFR 1502.14, 1502.16, and 1508.20) 
require the EIS to include appropriate mitigation measures. The USACE 
has adopted, through the CEQ, a mitigation policy which embraces the 
concepts of ``no net loss of wetlands'' and project sequencing. The 
purpose of this policy is to restore and maintain the chemical, 
biological, and physical integrity of ``Waters of the United States,'' 
specifically wetlands. Mitigation of wetland impacts has been defined 
by the CEQ to include: avoidance of impacts (to wetlands), minimizing 
impacts, rectifying impacts, reducing impacts over time, and 
compensating for impacts (40 CFR 1508.20). Each of these aspects 
(avoidance, minimization, and compensatory mitigation) must be 
considered in sequential order. As part of the EIS, the applicant will 
develop a compensatory mitigation plan detailing the methodology and 
approach to compensate for unavoidable impacts to waters of the U.S. 
including streams and wetlands.
    NEPA/SEPA Preparation and Permitting: Because the proposed project 
requires approvals from federal and state agencies under both the 
National Environmental Policy Act (NEPA) and the State Environmental 
Policy Act (SEPA), a joint Federal and State Environmental Impact 
Statement (EIS) will be prepared. The U.S. Army Corps of Engineers will 
serve as the lead agency for the process. The EIS will serve as the 
NEPA document for the Corps of Engineers (404 permit) and as the SEPA 
document for the State of North Carolina (401 permit).
    Based on the size, complexity, and potential impacts of the 
proposed project, the Applicant has been advised by the U.S. Army Corps 
of Engineers to identify and disclose the environmental impacts of the 
proposed project in an Environmental Impact Statement (EIS). Within the 
EIS, the Applicant will conduct a thorough environmental review, 
including an evaluation of a reasonable number of alternatives. After 
distribution and review of the Draft EIS and Final EIS, the Applicant 
understands that the U.S. Army Corps of Engineers in coordination with 
the North Carolina Department of Transportation will issue a Record of 
Decision (ROD) for the project. The ROD will document the completion of 
the EIS process and will serve as a basis for permitting decisions by 
federal and state agencies.
    To ensure that the full range of issues related to this proposed 
action are addressed and all significant issues identified, comments 
and suggestions are invited from all interested parties. Comments or 
questions concerning this proposed action and the EIS should be 
directed to the U.S. Army Corps of Engineers at the address provided 
(see FOR FURTHER INFORMATION CONTACT). The Wilmington District will 
periodically issue Public Notices soliciting public and agency comment 
on the proposed action and alternatives to the proposed action as they 
are developed.

Jefferson M. Ryscavage,
Colonel, U.S. Army, District Commander.
[FR Doc. E9-2807 Filed 2-9-09; 8:45 am]
BILLING CODE 3720-58-P