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US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: July 27, 2017
Comment Deadline: August 25, 2017
Corps Action ID Number: SAW-2013-00905
The Wilmington District, Corps of Engineers (Corps) received an application from the
Town of Fuquay Varina in coordination with the North Carolina Department of
Transportation (NCDOT) seeking Department of the Army (DA) authorization to
discharge dredged or fill material into waters and wetlands in Hydrologic Unit Code
(HiJC) 03030004 (Cape Fear River Basin), associated with Transportation Improvement
Project (TIP) No. U-5317 (Judd Parkway Extension), in Wake County, North Carolina.
Specific plans and location information are described below and shown on the attached
plans. This Public Notice and all attached plans are also available on the Wilmington
District Web Site at:
htt�://www. saw.usace. army.mil/Missions/Re�;ulatoryPermitProgram. aspx
Applicant: Ms. Tracy Stephenson
Town of Fuquay Varina
401 Old Honeycutt Road
Fuquay Varina, North Carolina 27526
Agent: Mr. Ross Sullivan
Kimley Horn
421 Fayetteville Street, Suite 600
Raleigh, North Carolina 27601
Authority
The Corps evaluates this application and decides whether to issue, conditionally issue, or
deny the proposed work pursuant to applicable procedures of the following Statutory
Authorities:
� Section 404 of the Clean Water Act (33 U.S.C. 1344)
❑ Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)
❑ Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972
(33 U.S.C. 1413)
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Location
Directions to Site: The proposed site is a new alignment linear transportation corridor
from the intersection of North Carolina Highway (NC Hwy) 55 with Wilbon Road (SR
1110)/NE Judd Parkway (SR 5056) to the intersection of NC Hwy 42 with Southwest
Judd Parkway (SR 2387) located north of Fuquay Varina, in Wake County, North
Carolina.
Project Area (acres): 1.79 miles
Nearest Waterway: Kenneth Creek
Latitude and Longitude: 35.5952N, -78.8156W
Existing Site Conditions
Nearest Town: Fuquay Varina
River Basin: Cape Fear
The proposed corridor contains primarily a combination of open, agricultural, and
forested land use classifications, with single family residential land uses occurring
throughout the corridor.
This project lies within the Piedmont Physiographic Province in the Cape River
Basin (Hydrologic Unit Code 03030004). Jurisdictional features within the U-5317
project study area that would be impacted include 1 unnamed tributary (UT) to Kenneth
Creek (North Carolina Division of Water Quality (NCDWQ) Classification C; NCDWQ
Index No. 18-16-1-(1)), three riparian wetlands, and one jurisdictional pond.
There are no designated Outstanding Resource Waters (ORW), High Quality Waters
(HQW), Water Supply I(WS-I), or Water Supply II (WS-11) waters within 1.0 mile of
the project area. No waters within the project area and/or within a mile of the project area
are listed on the 2012 303(d) Final List of Impaired Waters of North Carolina.
Applicant's Stated Purpose
The purpose of this project is to improve roadway linkage. NW Judd Parkway would link
NC Hwy 55 (to the north toward US 1/64) and NC Hwy 42 (to the southwest toward
Sanford). It would also link to the existing Judd Parkway, a two-lane road which connects
to US 401 (to the northeast toward Raleigh and to the south toward Lillington and
Fayetteville), NC Hwy 42 (to the east toward I-40), and NC Hwy 55 (to the south toward
Interstate 95 (I-95). It would complete the Judd Parkway loop around Fuquay-Varina.
Although the purpose of this project is not specifically to improve level of service on
existing facilities, the proposed improvements would reduce delay at most intersections
along the corridor.
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Background
Merger Process
This project additionally has progressed through a collaborative process which includes
multiple resource and other integral regulatory agencies known in the State of North
Carolina as the Merger Process. This group of agencies reviewed key points in the project
development and agreed to milestones relative to their agencies responsibilities. The
Merger Team agreed to the following milestones:
The NEPA/404 Merger project team (Merger team) for this project was assembled in
Raleigh in May 15, 2013, to discuss the purpose and need statement and study corridor,
and team concurrence was confirmed by signature. In addition, the Merger team
concurred on alternatives to be studied in detail on May 15, 2013. The Corps has
reviewed NCDOT's wetland and stream delineations for this project in the field, and
verified the accuracy of the delineations. The Merger team concurred with the Least
Environmentally Damaging Practicable Alternative (LEDPA) on July 16, 2015. In April
2015, the Federal Highway Administration (FHWA) approved the Environmental
Assessment (EA) for North Judd Parkway Northwest. On July 14, 2017, the Town of
Fuquay Varina applied for a DA permit application to discharge fill material into waters
of the United States for U-5317.
Project Description
The town of Fuquay Varina proposes to construct on new alignment the north western
section of the proposed NW Judd Parkway from NC Hwy 55 (to the north toward US
1/64) and NC Hwy 42 (to the southwest toward Sanford). The new road alignment would
consist of a four-lane roadway with curb and gutter, a grassed median, and 4-foot bicycle
lane and a 5-foot sidewalk in both directions. The estimated length of the project is 1.79
miles. This project is included in the North Carolina Department of Transportation's
Transportation Improvement Program (TIP).
Summary of Impacts:
Proposed impacts for U-5317 project include permanent impacts to 2501inear feet of
stream channel (2501inear feet of permanent fill), 1.812 acres of wetlands (1.559 acres of
permanent fill, 0.005 acre of temporary fill, and 0.248 acre of inechanized land clearing),
and 0.045 acre of open water impacts (0.022 acre of permanent fill, and 0.023 acre of
temporary fill). Proposed project impacts are listed in the tables below:
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�ili11s1C�5
Slreazn UP ' x�equik•in� USACE Teiup :
Peri�iit Impact Perma�ieni
Name/Jl) Flow UStLCL �1']ifiga#ion Imp�cts
,Sit� Nu. Type Tm�a��cts (fi) 1
�'acEcet ID Status niiii�ation' Ratia (ft)
(li)
''�T fa Fill 250 2�0 2:1 U
1 Keiu�elh P
Creek,�SE BS ; 0 � Cl N/A 231
TOTALS (�) 25a 250 23
'Pernv# JD Pack���e F'e���a�anernt Te��pora��y Mec�►��nia:ed TQ�t�I It���acts
Site Nn. ID Im fact (ac) FiIE (ac} Cleaz•iia (ac) ac
1 �jB I.131 U 0.154 �.285
2 WE3 0.92� 0 0.�94 0,�2'�
_�� 5 �VA i (1 (}.00S 0 O.fl�S
�'O`a"A,�,S (ac.) 1.559 � O,pQS 0.?4f3 � l.812
Pernxit .1'D Pacicage Fe�•�a�an�nt Te�x��,�raiy Mechhnized T�tal impncfs
Sate No. ID I�u �act (�c) Fil� (ac} C�e.t��•i� (ac) �c
1 Wl� i.131 0 O,1S4 1?85
�2 V,�B �.�2� 0 O.fl94 0,52�
5 WA 0 �.005 U 0.0�}5
�ra��.�,s ���� I.sS� ; o.�os o.?�s - �.sr�
Activities resulting in permanent fill in streams include culvert installation and bai�lc
stabilization activities. Activities resulting in permanent impacts in wetlands include
roadway fill, excavation in association with a fill activity, and mechanized land clearing
without a specified wetland restoration plan. Tenzporaiy impacts proposed are those
associated with construction access and dewatering activities, as well as stonllwatei tie-
ins, where the ii��pact areas would be returned to pre-constn,iction grade and contour
following construction.
Avoidance and Minimization
The applicant provided the following information iu support of efforts to avoid and/or
n�inimize impacts to tl�e aqiiatic environinent:
Existing drainage patterns and outfalls have beei� maintai�led where possible. Best
Management Practices (BMPs) would be utilized diu•ing coiistruction to atteinpt to rediice
the stoi-�nwater impacts to receiving streams and wetlands dLie to erosion and runoff.
Measures have been taken throughoLrt the project to limit impacts to wetlands and surface
waters. These additional measures have been taken:
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• NCDOT's Best Management Practices (BMPs) for the protection of surface
waters would be enforced.
• Impacts to wetlands, streams, and open waters were avoided and/or minimized by
adjusting alignments and slopes.
• Site 12: Lowery Mill Creek is hydraulically a culvert-sized crossing; however,
NCDOT has agreed to bridge this stream as a minimization effort.
• 2:1 slopes or less are used in most wetland areas
• All storm drainage would be diffused and designed for non-erosive velocities
before entering stream and wetland areas to the maximum extent practicable
• Rip rap stabilization on banks of jurisdictional streams would be implemented to
prevent erosion
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment:
Far U-5317, 2501inear feet of permanent warm water stream impacts are proposed. Of
the 2501inear feet of permanent stream impacts, NCDOT proposes to provide
compensatory mitigation at a 2:1 ratio. Compensatory mitigation for the 1.559 acres of
U-5317 wetland impacts is proposed at a 2:1 ratio. NCDOT proposes to provide the
above compensatory mitigation through purchasing stream and wetland credits from the
NC Division of Mitigation Services (NCDMS).
Essential Fish Habitat
Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act, this
Public Notice initiates the Essential Fish Habitat (EFH) consultation requirements. The
Corps' initial determination is that the proposed project would not effect EFH or
associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management
Councils or the National Marine Fisheries Service.
Cultural Resources
Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C of
33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C,
the District Engineer consulted district files and records and the latest published version
of the National Register of Historic Places and initially determines that:
❑ Should historic properties, or properties eligible for inclusion in the National
Register, be present within the Corps' permit area; the proposed activity requiring
the DA permit (the undertaking) is a type of activity that will have no potential to
cause an effect to an historic properties.
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❑ No historic properties, nor properties eligible for inclusion in the National
Register, are present within the Corps' permit area; therefore, there will be no
historic properties affected. The Corps subsequently requests concurrence from
the SHPO (or THPO).
❑ Properties ineligible for inclusion in the National Register are present within the
Corps' permit area; there will be no historic properties affected by the proposed
work. The Corps subsequently requests concurrence from the SHPO (or THPO).
� Historic properties, or properties eligible for inclusion in the National Register,
are present within the Corps' permit area; however, the undertaking will have no
adverse effect on these historic properties. The Corps subsequently requests
concurrence from the SHPO (or THPO).
❑ Historic properties, or properties eligible for inclusion in the National Register,
are present within the Corps' permit area; moreover, the undertaking may have an
adverse effect on these historic properties. The Corps subsequently initiates
consultation with the SHPO (or THPO).
❑ The proposed work takes place in an area known to have the potential for the
presence of prehistoric and historic cultural resources; however, the area has not
been formally surveyed for the presence of cultural resources. No sites eligible
for inclusion in the National Register of Histaric Places are known to be present
in the vicinity of the proposed work. Additional work may be necessary to
identify and assess any historic or prehistoric resources that may be present.
The District Engineer's final eligibility and effect determination will be based upon
coordination with the SHPO and/or THPO, as appropriate and required, and with full
consideration given to the proposed undertaking's potential direct and indirect effects on
historic properties within the Corps-indentified permit area.
Endangered Species
Pursuant to the Endangered Species Act of 1973, the Corps reviewed the project area,
examined all information provided by the applicant and consulted the latest North
Carolina Natural Heritage Database. Based on available information:
� The Corps determines that the proposed project would not affect federally listed
endangered or threatened species or their formally designated critical habitat.
The US Fish and Wildlife Service (USFWS) lists four federally protected species for
Wake County: red cockaded woodpecker (Picoides borealis), dwarf wedgemussel
(Alasmidonta heterodon), Michaux's sumac (Rhus michauxii), and Northern long-eared
bat (Myotis septentrionalis). No habitat exists within the project study area for the red-
cockaded woodpecker and dwarf wedgemussel. Surveys for Michaux's sumac found no
individuals within the project study area.
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� The Corps determines that the proposed project
may affect, not likely to adversely affect federally listed endangered or threatened
species or their formally designated critical habitat.
The USFWS has developed a Programmatic Biological Opinion (PBO) in conjunction
with the FHWA, the Corps, and NCDOT for the Northern long-eared bat in eastern North
Carolina. The PBO covers the entire NCDOT program in Divisions 1-8, which includes
Wake County, where U-5317 is located.
❑ The Corps is not aware of the presence of species listed as threatened or
endangered or their critical habitat formally designated pursuant to the
Endangered Species Act of 1973 (ESA) within the project area. The Corps will
make a final determination on the effects of the proposed project upon additional
review of the project and completion of any necessary biological assessment
and/or consultation with the U.S. Fish and Wildlife Service and/or National
Marine Fisheries Service.
Other Required Authorizations
The Corps forwards this notice and all applicable application materials to the appropriate
State agencies for review.
North Carolina Division of Water Resources (NCDWR): The Corps will generally
not make a final permit decision until the NCDWR issues, denies, or waives the state
Certification as required by Section 401 of the Clean Water Act (PL 92-500). The receipt
of the application and this public notice, combined with the appropriate application fee, at
the NCDWR Central Office in Raleigh constitutes initial receipt of an application for a
401 Certification. A waiver will be deemed to occur if the NCDWR fails to act on this
request for certification within sixty days of receipt of a complete application. Additional
information regarding the 401 Certification may be reviewed at the NCDWR Central
Office, 401 and Buffer Permitting Unit, 512 North Salisbury Street, Raleigh, North
Carolina 27604-2260. All persons desiring to make comments regarding the application
for a 401 Certification should do so, in writing, by August 16, 2017 to:
NCDWR Central Office
Attention: Ms. Amy Chapman, Transportation Permitting Unit
(USPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699-1617
Or,
(Physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604
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North Carolina Division of Coastal Mana�ement (NCDCM):
❑ The application did not include a certification that the proposed work complies
with and would be conducted in a manner that is consistent with the approved
North Carolina Coastal Zone Management Program. Pursuant to 33 CFR 325.2
(b)(2) the Corps cannot issue a Department of Army (DA) permit for the
proposed work until the applicant submits such a certification to the Corps and
the NCDCM, and the NCDCM notifies the Corps that it concurs with the
applicant's consistency certification. As the application did not include the
consistency certification, the Corpswill request, upon receipt„ concurrence or
objection from the NCDCM.
� Based upon all available information, the Corps determines that this application
for a Department of Army (DA) permit does not involve an activity which would
affect the coastal zone, which is defined by the Coastal Zone Management (CZM)
Act (16 U.S.C. § 1453).
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts including cumulative impacts of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably fareseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative effects
thereof; among those are conservation, economics, aesthetics, general environmental
concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain
values (in accordance with Executive Order 11988), land use, navigation, shoreline
erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property
ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or iill materials in waters of the United States, the evaluation of
the impact of the activity on the public interest will include application of the
Environmental Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials, including any consolidated State Viewpoint or written position of
the Governor; Indian Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the
Corps of Engineers to determine whether to issue, modify, condition or deny a permit for
this proposal. To make this decision, comments are used to assess impacts on endangered
species, historic properties, water quality, general environmental effects and the other
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public interest factors listed above. Comments are used in the preparation of an
Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS)
pursuant to the National Environmental Policy Act (NEPA). Comments are also used to
determine the need for a public hearing and to determine the overall public interest of the
proposed activity.
Any person may request, in writing, within the comment period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearings
shall state, with particularity, the reasons for holding a public hearing. Requests for a
public hearing shall be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
The Corps of Engineers, Wilmington District will receive written comments pertinent to
the proposed work, as outlined above, until5pm, August 25, 2017. Comments should be
submitted to James Lastinger,Raleigh Regulatory Field Office,
3331 Heritage Trade Drive, Suite 105 ,Wake Forest, North Carolina 27587, at (919) 554-
488 ext. 32.
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