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HomeMy WebLinkAbout20100716 Ver 1_Application_20100831 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION BEVERLY EAVES PERDUE GOVERNOR NC Division of Water Quality 2321 Crabtree Blvd., Suite 250 Raleigh, NC 27604 ATTN: Mr. Rob Ridings August 30, 2010 100']_ 64 EUGENE A. CONTI, JR. SECRETARY kP=@1E6W12N AUG 3 1 2010 DENR-WA WALJTY tgEttANO5AM5 AMRBRAl Subject: Application for Neuse Riparian Buffer Authorization, for the proposed new location of a multi-use path along Edwards Mill Road from Reedy Creek Road to Trinity Road in Wake County, Federal Aid Project No. STP-0520(31); Division 5; TIP No. EB-4978 Dear Sir: The North Carolina Department of Transportation (NCDOT) proposes to construct a multi-use path that is approximately 1.3 miles long. There will be 3,280 square feet of buffer impacts in Buffer Zone 1 and 2,330 square feet of impacts in Buffer Zone 2 due to erosion control devices (silt fences) and construction access. No waters of the US will be impacted. Please see enclosed copies of the Pre-Construction Notification (PCN), Stormwater Management Plan, and permit drawings for the above-referenced project. The Categorical Exclusion (CE) was completed in July 2010. Documents were distributed shortly thereafter. Additional copies are available upon request. This project calls for a letting date of September 21, 2010. MAILING ADDRESS: NC DEPARTMENT OF TRANSPORTATION TELEPHONE: 919431-2000 LOCATION: PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 4701 Atlantic Ave., NATURAL ENVIRONMENT UNIT FAX: 919-431-2001 -- Suite 116 1598 MAIL SERVICE CENTER Raleigh, INC 27604 RALEIGH NC 27699-1598 - VEBSUE: R V4V NcDOTORG A copy of this permit application will be posted on the NCDOT Website at: http://www.ncdot.org/doh/preconstruct/pe/. If you have any questions or need additional information, please call James Pflaum at (919) 431-6527. Sincerel Gre ory J. Thorpe, PED 4, Environmental Management Director, PDEA 1 w/attachmf•ent ui Ui + ;, ?''-''• Mr. Brian Wrenn, NCDWQ (5 Copies) Mr. J. Wally Bowman, PE, Division Engineer X11.:4 A't ?',,.SJi c"!+S. LU?.. J Mr. Chris Murray; DEO W/o attachment (see website for attachments) Dr. David Chang, P.E., Hydraulics Mr. Mark Staley, Roadside Environmental Mr. Greg Perfetti, P.E., Structure Design Mr. Dewayne Sykes, P.E., Utilities Unit' Mr. Jay Bennett, P.E., Roadway Design Mr. Majed Alghandour, P. E., Programming and TIP Mr. Art McMillan, P.E., Highway Design Mr. Gary Jordan, USFWS Mr. Travis Wilson, NCWRC Mr. Kumar Trivedi, Planning Engineer ?oF W A T -O &A > a o -c Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ? Section 404 Permit El Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 1c. Has the N WP or GP number been verified by the Corps? ? Yes ? No td. Type(s) of approval sought from the DWQ (check all that apply): ? 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ® Riparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ? Yes ? No For the record only for Corps Permit: ? Yes ? No If. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. ? Yes ® No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. - ? Yes ® No I h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No 2. Project Information 2a. Name of project: Edwards Mill Road Greenway 2b. County: Wake 2c. Nearest municipality / town: Raleigh 2d. Subdivision name: not applicable 2e. NCDOT only, T.I.P. or state project no EB-4978 3. Owner Information 3a. Name(s) on Recorded Deed: North Carolina Department of Transportation 3b. Deed Book and Page No. not applicable 3c. Responsible Party (for LLC i f applicable): not applicable 3d. Street address: 4701 Atlantic Ave, Suite 116 3e. City, state, zip: Raleigh, NC 27604 3f. Telephone no.: (919) 431-6527 3g. Fax no.: (919) 431-2002 3h. Email address: jrpflaum@ncdot.gov 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent ? Other, specify: 4b. Name: not applicable 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: not applicable 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): not applicable 1 b. Site coordinates (in decimal degrees): Latitude: 35.811329 Longitude: -78.719135 (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: 8 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Richlands Creek proposed project: 2b. Water Quality Classification of nearest receiving water: C, NSW 2c. River basin: Neuse 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: Rural due to existing University and State owned research land adjacent to project. Urban due to location within the City of Raleigh. 3b. List the total estimated acreage of all existing wetlands on the property: 0 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 1437 3d. Explain the purpose of the proposed project: Improve existing greenway system within the City of Raleigh. The project will connect Reedy Creek Greenway, Loblolly Trail, the Wade mixed use development project, the RBC Center, the Fair Ground, Umstead Park, Prairie Ridge Museum of Natural Sciences, Art Museum, Meredith College and residential areas. 3e. Describe the overall project in detail, including the type of equipment to be used: The project involves the construction of a multi-use path along Edwards Mill Road from Reedy Creek Road to Trinity Road. Path will be 10 feet wide and run along the eastern side of Edwards Mill Road. Standard construction equipment will be used such as trucks, dozers, and cranes. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ? Yes ® No ? Unknown Comments: All perennial streams, No wetlands in project area 4b. If the Corps made the jurisdictional determination, what ty pe ? Preliminary ? Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for ? Yes ®No ? Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ? Wetlands ? Streams - tributaries ® Buffers ? Open Waters ? Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non-404, other) (acres) Temporary W1 ? P ? T ? Yes ? Corps ? No ? DWQ W2 ? P ? T ? Yes ? Corps ? No ? DWQ W3 ? P ? T ? Yes ? Corps ? No ? DWQ W4 ? P ? T ? Yes ? Corps ? No ? DWQ W5 ? P ? T ? Yes ? Corps ? No ? DWQ W6 ? P ? T ? Yes ? Corps ? No ? DWQ 2g.'Total wetland impacts 0 21h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of Average Impact length number- (PER) or jurisdiction stream (linear feet) Permanent (P) or intermittent (Corps - 404, 10 width Temporary (T) (INT)? DWQ - non-404, (feet) other) S1 ? P ? T 1-1 PER El Corps ? INT ? DWQ S2 ? P ? T ? PER ? Corps ? INT ? DWQ S3 ? P ? T ? PER ? Corps ? INT ? DWQ S4 ? P ? T ? PER ? Corps ? INT ? DWQ S5 ? P ? T ? PER ? Corps ? INT ? DWQ S6 ? P ? T ? PER ? Corps ? INT ? DWQ 3h. Total stream and tributary impacts 0 3i. Comments: 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individual) list all open water impacts below. 4a. Open water impact number - Permanent (P) or Temporary 41b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 ?P?T 02 ?P?T 03 ?P?T 04 ?P?T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If and or lake construction proposed , then complete the chart below. 5a. Pond ID 5b. Proposed use or 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) number purpose of pond Flooded Filled Excavat ed Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 51h. Is a dam high hazard permit required? ? Yes ? No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart bel ow. If yes, then individually list all buffer impacts below. If an i mpacts require mitigation, then you MUS T fill out Sectio n D of this form. 6a. ® Neuse ?Tar-Pamlico. ? Other: Project is in which protected basin? ? Catawba ? Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number- Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary impact required? B1 ®P ? T Gran UT to Richlands Creek ® Nos 215 705 B2 ® P ? T Gre e? UT to Richlands Creek ® Nos 1055 730 a B3 ® PDT Gre e? UT to Richlands Creek s ® 2010 895 e No .6h. Total buffer impacts 3280 2330 6i. Comments: D. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The multi-use path is 10 feet wide (minimum safe width) in accordance with AASHTO "Guide for Development of Bicycle Facilities". All permanent fill slopes are at 2:1 and have been designed within existing highway fill slopes to avoid additional permanent buffer impacts. There will be no direct discharge or fill into existing buffers. There will be no impacts to waters of the US. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. NCDOT will implement Best Management practices (BMP's) for Highway Construction. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ? Yes ® No No impacts to U.S. or Waters of the State. 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps 2c. If yes, which mitigat ion option will be used for this project? ? Mitigation bank El Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: not applicable 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ? Yes ®No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ? No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ? Yes ? No Comments: See Permit Drawings 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? n/a % 2b. Does this project require a Stormwater Management Plan? ® Yes ? No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, na rrative description of the plan: See enclosed ? Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program ? DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project7 not applicable ? Phase II 3b. Which of the following locally-implemented stormwater management programs ? NSW ? USMP apply (check all that apply): ? Water Supply Watershed ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No attached? 4. DWQ Stormwater Program Review ? Coastal counties ? HQW 4a. Which of the following state-implemented stormwater management programs apply ? ORW (check all that apply): ? Session Law 2006-246 ? Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ? Yes ? No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ® Yes ? No 51b. Have all of the 401 Unit submittal requirements been met? ® Yes ? No 10 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No use of public (federal/state) land? 11b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ® Yes ? No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ® Yes ? No letter.) . Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 21b. Is this an after-the-fact permit.application? ? Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ®No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. Due to the minimal transportation impact resulting from this green way construction, this project will neither influence nearby land uses nor stimulate growth. Therefore, a detailed indirect or cumulative effects study will not be necessary. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. not applicable 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ® Yes ? No habitat? 51b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ? No impacts? ® Raleigh 5c. If yes, Ind icate the USFWS Field Office you have contacted. ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? As of January 31, 2008 the USFWS lists three protected species in Wake County, Michaux's sumac, the red-cockaded woodpecker, and the dwarf wedgemussel. Marginal habitat for Michaux's sumac is present in the project area. Surveys for Michaux's sumac were conducted on June 18, 2010, no individuals were found. No suitable nesting trees were observed within the project area for the red-cockaded woodpecker. Surveys for the red-cockaded woodpecker were conducted on June 18, 2010, no individuals were found.-No suitable habitat was found for the dwarf wedgemussel. Surveys for the dwarf wedgemussel were conducted on June 22, 2010, no individuals were found. A review of NCNHP records, updated July 2010, indicated that none of the above mentioned species were located within 1.0 mile of the project area. This project will have No Effect on Michaux's sumac, red-cockaded woodpecker, or the dwarf wedgemussel. Suitable foraging habitat for the Bald eagle is not resent in the stud area or within 660 feet of the stud area. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ? No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NMFS County Index 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ? Yes ? No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? Categorical Exclusion EB-4978 completed July 22, 2010 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA=designated 100-year floodplain? ® Yes ? No 81b. If yes, explain how project meets FEMA requirements: Hydraulics Unit coordinating with FEMA 8c. What source(s) did you use to make the floodplain determination? FEMA maps Gregory J. Thorpe, Ph D 8 , 3<3, 1 p Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agents signature is valid only if an authorization letter from the applicant is provided.) 12 STORMWATER MANAGEMENT PLAN TIP No. E-4978 Wake County August 2010 Hydraulics Designer : Paul A. Jordan, PE Hydraulics Project Manager : Jerry L. Lindesy, PE Project Description This project consists of constructing a greenway along Edwards Mill Road from Trinity Drive to Reedy Creek Road. Edwards Mill Road is a multi-lane artierial road located in the city limits of Raleigh. Parts of the existing Road is curb and gutter and other parts has 5 to 10 ft shoulder. The proposed greenway is 10 ft wide with safety fence in required areas. Major Construction will consist of grading and paving the greenway and also adding curb and drainage to Edwards Mill Road. Project Involvement The project will not require widening of the existing road/fill. The drainage at the site consists of drainage ditches, pipes and the use of exsiting storm drain system. Richlands Creek is classified as C; NSW. Best Management Practices Best Management Practices (BMPs) utilized on the project are as follows: -No direct discharge into buffers. -2:1 side slopes on fill sections to minimize impacts. -No fill in Buffers Page' _r?hydraulicskaddoshle4978 evards milll7-30 10 revised eesignle4978_smp dec 1 / I F N Z Wr w Z r W O v W m J D7 w W '. Z r 0- ?^ O S O O r W J m N W n o Z ? O o W„ o Z Y o O N J N N O O Y m N n Q W J r S M N O N a 0- r m N O M J ?/? VI - J a Cl) W r Z r N N N O O O O N L Q v N l7 U J Q Wr a J Q d K K X - a / LL W W W a o LL m Q N W ON KO U O N N O N I? Z ? N N of o 0 ° ? - ?o o + m + yLL ? N V W L L L N co a a a W W Y N d ? s s ? } Rf ffl 0 . U r W e6 al ? r a a a h o J z N N Q W r r N O 0 0 N T N K cSl INDEPENDENT BICYCLE/PEDESTRIAN PROJ CATEGORICAL EXCLUSION FORM General Information Project Name: 'Edwards Mill Road Greenway TIP Number: F' A Pro ? EB-4978 -D5app;,) f rP =' - ' -=L='T }c . . -j - _ Project Sponsor: NCDOT:Division of Bicycle and Pedestrian - --" Transportation Project Contact Name: Kumar Trivedi, P.E. ?? sink ?nrt ,. Telephone: 919-807-0779 E-mail: katrivedi@ncdot,gov Project.Descri ption: The Edwards Mill Road Greenway project consists of the construction of a 10' wide asphalt/concrete multi-use path along east shoulder of Edwards Mill Road from Trinity Road to the existing pedestrian culvert near Reedy Creek Road (approximately 1.2 miles), the construction of approximately 490 LF of 8' wide concrete sidewalk along Trinity Road and RBC Center Entrance Drive and the construction of the retaining wall along existing wing walls and head wall at pedestrian culvert at Loblolly Trail. The project also includes curb and gutter along the east side of Edwards Mills Road from'RBC Center Entrance Drive to the on-ramp at the Wade Avenue Interchange. The project is intended to have minimal impact to the natural environment along the existing grassed shoulder along Edwards Mill Road. The construction is proposed to be entirely within NCDOT right of way. Purpose and Need: The proposed Edwards Mill Road Greenway is supported by the City of Raleigh, the MPO and the NCDOT Division of Bicycle and Pedestrian Transportation (DBPT). The project will be designed by the NCDOT DBPT staff and the construction administration will be performed by the NCDOT. The finished project will be owned and maintained by the City of Raleigh through a Municipal Agreement with NCDOT. The project will connect Reedy Creek Greenway, Loblolly Trail, the Wade mixed use development project, the RBC Center, the Fair Ground, Umstead Park, Prairie Ridge Museum of Natural Sciences, Art Museum, Meredith College and residential areas. Proposed Improvements (provide details, attach exhibits as necessary): The proposed Edwards Mill Road Greenway includes a 10' wide asphalt/concrete multi-use trail with grassed shoulders for approximately 1.2 miles along east shoulder of Edwards Mill Road from the intersection of Trinity Road to the existing pedestrian culvert near Reedy Creek Road intersection (see attached Title Sheet with index map and Typical Section Sheet). The project also includes curb and gutter along the east side of Edwards Mill Road from RBC Center Entrance Drive to the on-ramp at the Wade Avenue interchange. In addition, an eight foot wide sidewalk is proposed along the north shoulder of Trinity Road from existing sidewalk to the beginning of the project and on the south shoulder of the RBC Center Entrance Drive from existing sidewalk to the intersection (See attached plan sheets) See.attached SHPO "No Survey Required Form" Special Information: (Include environmental commitments, permits): See attached CA fence removal and relocation approval from NCDOT Division ,Engineer. Threshold Criteria Please answer each question. If a response falls within a Yes/No "box", then supporting documentation of the impact should be included. ECOLOGICAL YES NO (1) Will the project have a substantial impact on any unique or important natural resource? X (2) Does the project involve habitat where federally listed endangered or threatened species may occur? X (3) Will the project affect anadromous fish? ? X (4) If the project involves wetlands, is the amount of permanent and/or temporary wetland taking less than one-third (1/3) of an acre and have all practicable measures to avoid and minimize wetland takings been evaluated? If no wetlands are involved, write "N/A". NA (5) Will the project require the use of U. S. Forest Service lands? X (6) Will the quality of adjacent water resources be adversely Impacted by proposed construction activities? X (7) Does the project involve waters classified as Outstanding Water Resources and/or High Quality Waters? _ X (8) Will the project require fill in waters of the United States in any of the designated mountain trout counties? 0 X (9) Does the project involve any known underground storage tanks (UST's).or hazardous materials sites? X "PERMITS AND COORDINATION YES NO (10) If the project is located within a CAMA county, will the Project signifcantly.affect the coastal zone and/or any "Area of Environmental Concern" (AEC)? NA (11) Does the project involve Coastal Barrier Resources Act F Resources? X (12) Will a U. S. Coast Guard permit be required?, ? X (13) Will the project result in the modification of any existing regulatory floodway? X (14) Will the project require any stream relocations or channel ? changes? X SOCIAL, ECONOMIC, AND CULTURAL RESOURCES YES NO (15) Will the project induce substantial impacts to planned growth or land use for the area? X (16) Will the project require the relocation of any family or business? X .(17) Will the project have a disproportionately high and adverse human health and environmental effect on any X minority or low-income population? (18) If the project involves the acquisition of right of way, is the amount of right of way acquisition considered minor? X (19) Will the project involve any changes in access control? X (20) Will the project substantially alter the usefulness and/or land use of adjacent property? X (21) Will the project have an adverse effect on permanent local traffic patterns or community cohesiveness? X (22) Is the project included in an approved thoroughfare plan and/or Transportation Improvement Program (and is 3 therefore, in conformance with the Clean Air Act of ? 1990)? X (23) Is the project anticipated to cause an increase in traffic volumes? X (24) Will traffic be maintained during construction using ? existing roads, staged construction, or on-site detours? X (25) If the project is a bridge replacement project, will the bridge be replaced at its existing location (along the existing facility) and will all construction proposed in association with the bridge replacement project be ? contained on the existing facility? NA (26) Is there substantial controversy on social, economic, or environmental grounds concerning the project? X (27) Is the project consistent with all Federal, State, and local ? laws relating to the environmental aspects of the project? X (28) Will the project have an "effect" on structures/properties eligible for or listed on the National Register of Historic X Places? (29) Will the project affect any archaeological remains which are important to history or pre-history? X (30) Will the project require the use of Section 4(f) resources (public parks, recreation lands, wildlife and waterfowl Refuges, historic sites, or historic bridges, as defined in Section 4(f) of the U. S. DOT Act of 1966)? X (31) Will the project result in any conversion of assisted public recreation sites or facilities to non-recreation uses, as X defined by Section 6(f) of the Land and Water Conservation Act of 1965, as amended? (32) Will the project involve construction in, across, or adjacent to a river designated as a component of or proposed For inclusion in the Natural System of Wild and Scenic Rivers? X Additional Documentation Required for Unfavorable Responses: (Unfavorable responses from the section above would include any "checked" boxes. For example, under the Yes/No columns, unfavorable responses are identified on this form by an outline. Favorable responses are identified by underlining. Additional supporting documentation should be attached, as necessary) (19) Will the project involve any changes in access control? The Edwards Mill Road Greenway is proposed to be within the NCDOT Right of Way and portion of the greenway lies within the controlled access right of way of Wade Avenue Interchange along east shoulder of Edwards Mill Road. The NCDOT Division of Bicycle and Pedestrian Transportation made a formal request to the NCDOT Right of Way .Disposal and Control of Access Review Committee to allow encroachment into the existing control of access right of way along SR 3009 (Edwards Mill Road) in Raleigh. The encroachment was approved by the committee during the review meeting on May 12, .2009. The approval states that the committee is supportive of the multi- use trail within the existing control of access and recommends reducing the control of access limits from approximate Station 27+60 Rt. to approximate Station 29+15 Rt:. Prepared by: 06-02-10 Date Name, Title, Con Note: professional qualifications may TIP No. C 9- 4973 1'1I, /moo. S77 _ 0 0(3 i) Categorical Exclusion Approval Kumar Trivedi, P.E., NCDOT Division of Bicycle and Pedestrian Transportation 5 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION BEVERLY EAVES PERDUE GOVERNOR MEMORANDUM TO FROM: SUBJECT: June 25, 2010 Kumar Trivedi, Project Engineer James Pflaum, Environmental Specialist EB-4978 Protected Species Survey EUGENE A. CONTI, JR. SECRETARY This memo serves to update the status of Michaux's sumac (Rhos michauxii) for project EB-4978, Edwards Mill Road Greenway, from intersection at Reedy Creek to Trinity Road. On June 18, 2010 North Carolina Department of Transportation (NCDOT) biologists James Pflaum, and Jason Mays surveyed for Michaux's sumac within the project area (west bound shoulder of Edwards Mill road within NCDOT Right of Way). Surveys were conducted on foot with complete visual coverage of potential habitat. Potential habitat is located within the project area along the roadside shoulder and within areas maintained for utility access. Dominant species included Johnson's grass, orchard grass, fescue, black cherry, black berry, Bradford pear, loblolly pine, lespedeza cuneata, poison ivy, winged sumac, smooth sumac, wax myrtle, sweet gum, wild grape, mimosa, Japanese grass, and cat's ear. No specimens were observed during the 3 man-hour survey, therefore, a biological conclusion of "No Effect" has been determined. Qualifications of Principal Investigators Investigator: James Pflaum Education: B.S., Biology, Elon College M.S., Biology, Appalachian State University Experience: Environmental Specialist, NC DOT, January 2007 to Present Environmental Specialist, NC Emergency Management, March 2006 to January 2007 Biological Tech, (Fisheries), US Forest Service, Petersburg, AK, May 2005 to Oct. 2005 Conservation Project Leader, International Student Volunteers, Sydney, Australia, May 2004 to August 2004 MAILING ADDRESS: LOCATION: NCDEPART WOPTRANSPORTAT TELEPHONE: 919-431-2000 4701 Atlantic Avc., PROJECT DEVELGPMFWAND EwnctwF ALANALYSIs FAX: 919-431-2001 Suite It6 1598 MAIL SERVICE CE ER Raleigh, NC 27604 RALEIGH NC 27699-1598 WEBsnPE: mm-AtCDOT.ORG Investigator: Jason Mays Education: B.S. Biological Sciences, UNC Chapel Hill M.S. Fisheries and Wildlife Science, NC State Experience: NCWRC Field Biologist May 2002-October 2003 Environmental Specialist, NCDOT, March 2003- Present STATE OF NORTH CAROLINA DEPARTNv1ENI' OF TRANSPORTATION BEVERLY EAVES PERDUE, EUGENE A. CONTI, JR. GOVERNOR SECRETARY June 2g, 2010 Memorandum To: James Pflaum, Environmental Specialist Natural Environment Unit, Project Management Group From: Steve Mitchell, Environmental Supervisor ?? Natural Environment Unit, Biological Surveys Group Subject: - Mussel Survey/Habitat Assessment for Proposed Edwards Mill Road Greenway from Reedy Creek Road to Trinity Road in Raleigh, North Carolina TIP # EB 4978 The North Carolina Department of Transportation (NCDOT) proposes to construct Edwards Mill Road Greenway, a bicycle/pedestrian trail, along Edwards Mill Road from its junction with Trinity Road to the underpass near Reedy Creek Road. This proposed greenway.trail crosses an unnamed tributary (UT) to Richlands Creek and an unnamed tributary to the unnamed tributary. This project is located in the Neuse, River Basin and the USFWS lists dwarf wedgemussel (Alasmidonta hererodon) as potentially occurring in Wake County. ' The dwarf wedgemussel is most closely associated with stable beds of coarse sand and gravel in relatively fast flowing, well oxygenated water. Stream banks are usually stable with extensive root systems holding soils in place and the trees that are relatively mature which tend to form a closed canopy. A -mussel habitat assessment of the project area was conducted by NCDOT biologists, Karen M. Lynch (Permit No. NC-2007-ES 165) and Steve Mitchell on June 22, 2010. 'The reach of the two unnamed tributaries within the study area does not contain suitable habitat for the dwarf wedgemussel. The stream substrate composition was. unconsolidated gravel and sand with some boulders present. Stream flow was slow but subject to `flashiness" as the UTs drain urban areas. A review of the North Carolina Natural Heritage Program (NCNHP) records, updated April 13, 2010 also indicate there are no populations of the dwarf wedgemussel known to occur within Richland Creek subbasin, or within 1.0 mile of the study area. The only current record of dwarf wedgemussel in Wake County is on the Wake/Johnston County line in Swift Creek (Meuse River Basin). Biological Determination: No Effect for dwarf wedgemussel cc: Kumar Trived, PDEA-Bridge Group MAILING ADDRESS: NC DEPARTMENT CFTIImSPORTATION PROTECT DEVELOPMENT AND ENNRON WALANALTS[5 NATUML ENVIAGMF UNIT 1598 MAIL SERVICE CENTER RALeGHNC 27699.1596 TELEPHONE: 919+1312000 FAX: 919131-2001 LOCATION: EN 014MENTAL RESOURCES CENTER 4701AR TICAVENUEST,E.11E RMFION, NC 276N INEDSITE: W0VW..NCD0T0RG STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION BEVERLY EAVES PERDUE covs m]R March 18, 2010 Mr. Tom Norman Director Division of Bicycle and Pedestrian. Transportation 1552 Mail Service Center Raleigh, NC 27699-1522 EUGENE A. CON 'n, JR. SECY.ET'u Y Subject: Edwards Mill Road Greenway from Trinity Road to Reedy Creek Road Pedestrian Culvert in Wake County. TIP No. E-4978 Dear Sir: The NCDOT proposes to construct a multi-usc path with gassed shoulders tcrmcd the Edwards Mill Road Greenway from Trinity Road to Reedy Creek Road Pedestrian Culvert in Wake County. The project description indicates construction of new curb and gutter from RBC Center Drive to the on-ramp at the Wade Avenue Interchange. Note that this design will require an investigation of stormwater runoff from the project in regards to compliance with the Neuse River Basin Riparian Buffer Rule. I had the opportunity to walk the project and review jurisdictional issues. Environmental information was obtained from USGS Topographic Maps, Wake County iMaps and Soil Survey of Wake County. The findings of my visit are noted below: Station 17+00 Rt -A jurisdictional stream is located at the outlet of the existing 48 inch pipe structure. Note that the flow direction is incorrectly identified on the plan. -This channel is located on both the USGS Topographic Map and Soil Survey of Wake County. Accordingly, the channel is subject to the Neuse River Riparian Buffer Rule. Buffer Zones I and 2 should be depicted on both sides of the channel. Note that the riparian buffer terminates at the existing transportation facility (usually the toe of fill). Station 26+50 Rt -A jurisdictional stream is located at the inlet of the existing two-barrel culvert. -The plan should be revised to depict both sides of the stream (top of bank). -This channel is located on both the USGS Topographic Map and Soil Survey of Wake County. Accordingly, the channel is subject to the Neuse River Riparian Buffer Rule. Buffer Zones I and 2 should be depicted on both sides of the channel. Note that the riparian buffer terminates at the existing transportation facility (usually the toe of fill). Division Five - 2612 Nonh Duke Street. Durham. North Carolina 27704 1, Telephone: 919-3210.4633 Fax; 919-560-3371 Station 11+90 RULt -Y- -The plan should be revised to depict the pipe structure and rip rap pad at this location. Near 29+00 Rt -The plan should be revised to depict the rip rap-lined ditch at this location. -A review of the Soil Survey of Wake County indicates a "channel" is identified near this location. Accordingly, the channel is subject to the Neusc River Riparian Buffer Rule. An on-site determination of this "channel" should be conducted by the NCDENR-DWQ. Station 37+80 Rt -The plan should be revised to depict a rip rap-lined ditch at the inlet of the pipe structure. -A review of the USGS Topographic Map and Soil Survey of Wake County indicates a "channel" is identified at this location. Accordingly, the channel is subject to the Neuse River Riparian Buffer Rule. An on-site determination of this "channel" should be conducted by the NCDENR-DWQ. Station 50+50 Rt -A jurisdictional stream is located at the inlet of the existing two-barrel culvert. -This channel is located on both the USGS Topographic Map and Soil Survey of Wake County. Accordingly, the channel is subject to the Neuse River Riparian Buffer Rule. Buffer Zones 1 and 2 should be depicted on both sides of the channel. Note that the riparian buffer terminates at the existing transportation facility (usually the toe of fill). Station 56+00 Rt -The plan should be revised to depict a rip rap-lined ditch at the outlet of the pipe structure. -A review of the Soil Survey of Wake County indicates a `channel' is identified at this location. Accordingly, the channel is subject to the Neuse River Riparian Buffer Rule. An on-site detennination of this "channel" should be conducted by the NCDENR-DWQ. Station 68+00 to end of project Rt -A review of the Soil Survey of Wake County indicates a `channel' is located near the south side of the proposed alignment. Accordingly, the channel is subject to the Neuse River Riparian Buffer Rule. An on-site determination of this "channel" should be conducted by the NCDENR-DWQ to determine the extent and limits of jurisdiction. Buffer Zones 1 and 2 should be depicted on both sides of the channel if it is subject to jurisdiction. If you have any questions or need additional information, please contact me at (919) 220- 4633. Sincerely, 0/- C_ Christopher A. Murray, P.W.S. Environmental Supervisor Project Tracking No. (Iniernal Use) 10-05-0008 NO PREHISTORIC OR HISTORIC PROPERTIES PRESENT FORM PROJECT INFORMATION Project No. EB-4978 County: Wake I17BSNo: 33906.1.1 Document- PCE 17,A. No: (anticipated) Funding. ? State ® Federal Federal (USACE) Pemdt Requind? ? Yes ® No Remit Type: na Project Desaiption: NCDOT.intends to construct a new greenway along the shoulder of Edwards Mill Rd. from Trinity Rd. to the pedestrian culvert path east of Edwards Mill Rd. near its intersection with Reedy Creek Rd. The greenway is proposed as a 1.2-mile (over 1931-meter) long asphalt and concrete path 10 feet (roughly 3 meters) wide. Additionally curb and gutter will be added along Edwards Mill Rd. from RBC Center Drive to the Wade Ave. Interchange on-ramp; and sidewalk will be added to the north shoulder of Trinity Rd. from existing sidewalk to the intersection. All construction activities will occur within existing ROW. The project is being designed by NCDOT Bicycle and Pedestrian Division to be let by Division 5. After construction is complete, the greenway will be turned over by agreement to the ownership of the City of Raleigh. No Federal permits are anticipated. SUMMARY OF FINDINGS The North Caroh'na Department of Transportation (NCDOT) reviewed the subject project and detemsined.• Historic Architecture/landscapes ? There are no National Register-listed or Study Listed properties within the project's area of potential effects. ? There are no properties less than fifty years old which are considered to meet Criteria Consideration G within the project's area of potential effects. ? There are no properties within the project's area of potential effects. ? There are properties over fifty years old within the area of potential effects, but they do not meet the criteria for listing on the National Register. _ ? All properties greater than 50 years of age located in the APE have been considered and all compliance for historic architecture with Section 106 of the National Historic Preservation Act and GS 121-12(a) has been completed for this project. Archaeology ® There are no National Register-listed or Study Listed properties within the project's area oEpotential effects. ® No subsurface archaeological investigations are required for this project. ? Subsurface investigations did not reveal the presence of any archaeological resources. ? Subsurface investigations did not reveal the presence of any archaeological resources considered eligible for the National Register. ? All identified Archaeological sites located within the APE have been considered and all compliance for archaeological resources with Section 106 of the National Historic Preservation Act and GS 121-12(a) has been completed for this project. '•Na Hielom 11mpemm/'rrsem"f..,fnr Minn, Tma Pnnmiao Nq a a,Q dJirdrnthe 2007111.p.marie Agnamear. Nt WT Arcimealagr h Hit .r¢ Archoeoarc Onnrp.. Project Tracking No. (hnernal Use) to - a 5 - aoog NO SURVEY REQUIRED FORM PROJECT INFORMATION Project No: EB-4978 WESNo: 33906.1.1 F.A. No: Federal (USA CE) Permit Required? County: Wake Document: Funding: ? State ® Federal ? Yes ? No Permit Type: Not given Project Description: Edwards Mill Road Greenway (1.2 miles) to be constructed mainly along Edwards Mills Road's east side shoulder from Trinity Road junction to the existing pedestrian culvert under Edwards Mill Road near the Reedy Creek Road junction, West Raleigh. SUMMARY OF CULTURAL RESOURCES REVIEW Brief description ofreview activities, results of review, and conclusions: Review of HPO quad maps, historic designations roster, and indexes was undertaken on May 18, 2010. the Mount Olivet Cemetery file (WA 2505) was also consulted at HPO's Survey Room, along with several maps of urban Raleigh. Based on this review, there are no existing NR, SL, LD, DE, or SS properties in the Area of Potential Effects (APE). Brief Explanation ofwhy the available information provides a reliable basisfor reasonably predicting that there are no unidentified historic properties in the APE: The Wake County Survey was undertaken between 1990-1993 and is considered valid for the purposes of determining the likelihood of historic resources being present. Furthermore, there has been one comprehensive survey of West Raleigh undertaken within the last 10 years (2003-2004), and no resources from this survey are in the APE. SUPPORT DOCUMENTATION See attached: Map(s), Previous Survey Info, Photos, Correspondence, Photocopy of notes from county survey. FINDING BY NCDOT CULTURAL RESOURCES PROFESSIONAL NO SURVEY REQUIRED ??? ?„tar?ecJ? NCDOT Cultural Resources Date "No Sanry Requircd'Jorm Jor Minor rrr porranvr Projects as Q,,atijird in he 1007 Prograammric Agreeuerr. NCDOTArchaenlogv & Nismnc A,'dRenurr Groups PROJECT: E-4978 2 m m m m m N N N ? -' y D rOmv Nym ?ITNH ?m Am ???O v <; m SN ? n^' m 0? ? ns D m 0 ° N O3? ( 0o N Z _ m - A ?TZ m ?^m > Nm-1 ?c ZO 0 y Omc: mnDO=ti C ti N 3 Z A v O n y O D ? C N U m Z < pv b Fn k O m m m rn m N m n n a I ti ? = 2 A A A m ~ C C C A = C A I C I I n I n I A A O O O m z z3 z N rn ^ O Z ' r m r I „ N N Z C) Z S n 2m 0 " M N M o . Z ZA N N A NJ O Z IC) r? D S Z Z N N I 9 A A O, N ( J 0 N m N O O a M ^' O O S O n A N F O N O D O ? ~ ao a [Y[. I D [i1 J Q I I O Qt CI )N IP(F'd 1 m 1 s ? fl D p II I ICL IJ0 ! 3 m Q y ? a a ? a n M m A ED _? 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