HL-0033-PUBLIC-NOTICE

I 1
PUBLIC NOTICE
US Army Corps
Of Engineers
Wilmington District
Issue Date: May 26, 2022
Comment Deadline: June 25, 2022
Corps Action ID Number: SAW-2020-00587
The Wilmington District, Corps of Engineers (Corps) received an application from the
North Carolina Department of Transportation (NCDOT) seeking Department of the Army
authorization to discharge dredged or fill material into waters of the United States,
associated with the proposed extension of Airport Boulevard (SR 3126) on new location
between Garden Square Lane and Chapel Hill Road (NC 54) to include an approximate
0.4 section of existing Airport Boulevard located northeast of Chapel Hill Road, in Wake
County, North Carolina. The project is proposed in 2 phases. Phase I is located
between Garden Square Lane and SR 1637 (Church Street) and Phase II is located
between SR 1637 (Church Street) and northeast of Chapel Hill Road (NC 54). Phase I
of the project is fully funded for planning, environmental studies and construction and
Phase II is unfunded for right of way acquisition and construction.
The NC Capital Area Metropolitan Planning Organization (CAMPO) 2050 Metropolitan
Transportation Plan (MTP) identifies Phase I as a 2030 Horizon Year project, identifying
the future facility as a minor thoroughfare. Phase I is included in the NCDOT 2020-2029
State Transportation Improvement Program (STIP) as HL-0033. Phase II is identified
by CAMPO in their Comprehensive Transportation Plan (CTP). Projects identified in the
CTP are unfunded portion of the 2050 Metropolitan Transportation Plan (MTP).
Implementation of Phase II is not anticipated until after 2050.
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:
https://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Public-Notices/
Applicant: NC Department of Transportation
Division 5
Mr. Chris Murray
2612 North Duke Street
Durham, North Carolina 27704
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:
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® 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)
Location
Location Description: The proposed project site is located as follows:
Phase I: From the existing Airport Boulevard terminus immediately east of Garden
Square Lane to Church Street (SR 1637).
Phase II: From Church Street (SR 1637) to the existing Airport Boulevard terminus at
Chapel Hill Road (NC 54) and extending northeast of Chapel Hill Road along existing
Airport Boulevard for approximately 0.4 mile.
Project Area (acres): 85 (approximate) Nearest Town: Morrisville
Nearest Waterway: Crabtree/Kit Creek River Basin: Neuse
Latitude and Longitude: 35.83603, -78.83690
Existing Site Conditions
The eastern portion of the proposed road extension/improvement site is partially
urbanized with modern gas stations, parking, graded lots, residential housing,
educational facilities and commercial parcels and includes normal utilities. The
remaining western portion of the site is undeveloped, partially forested, with some land
used for agricultural purposes such as open pasture for cattle.
Aquatic Resources
The project area is located in the Neuse River basin. Several stream segments are
located in the project area; none of them are High Quality Waters (HQW), Outstanding
Resource Waters (ORW), or water supply watershed WS-I or WS-II waters. The stream
segments in Phase II are tributaries to a portion of Crabtree Creek that is on the North
Carolina 2018 Final 303(d) list of impaired waters. Streamside riparian zones within the
project area are protected under the provisions of the Neuse Buffer Rules administered
by NC Division of Water Resources (NCDWR). All but one of the stream segments in
the project area is subject to buffer rule protection. Four stream segments and four
wetlands were identified in the Phase I project area. These waters were verified by the
Corps of Engineers with a preliminary jurisdictional determination on September 15,
2021. Aquatic resources for Phase II of the project were reviewed and
preliminary/approved jurisdictional determinations for this portion of the project were
completed on April 27, 2021, and February 18, 2022. Six stream segments, seven
wetlands and two open water ponds were identified.
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Applicant's Stated Purpose
The purpose of the proposed action is to improve overall, multi-modal traffic mobility
on the Town of Morrisville's roadway network and to enhance roadway connectivity
between Davis Drive and Chapel Hill Road. The proposed action begins and ends
at established roadways and would improve the local roadway network independently
of any future projects, providing an alternative route between Davis Drive and
Chapel Hill Road. The proposed action would also complete a missing link in the Airport
Boulevard corridor, which would improve connectivity to employment centers in
Research Triangle Park (RTP) as well as to 1-40 and Raleigh-Durham International
Airport (RDU). Secondary benefits of the project would include addressing the Town's
capacity concerns about existing intersections on Davis Drive and fulfilling the Town's
multimodal policy recommendations.
Project Description
Airport Boulevard is a major thoroughfare with two existing segments in the Morrisville
area—one from Davis Drive (SR 1613) to Garden Square Lane and another from
Chapel Hill Road (NC 54) to Aviation Parkway (SR 1002) in the vicinity of the Raleigh
Durham International Airport. The existing segment from Chapel Hill Road to Aviation
Parkway includes an interchange with 1-40. The CAMPO 2045 Metropolitan
Transportation Plan identifies the extension of Airport Boulevard from Garden Square
Lane to Chapel Hill Road (NC 54) as a 2035 horizon year project, identifying the future
facility as a minor thoroughfare. The project would be developed using a Complete
Streets concept, including a sidewalk, a multi-use path, and a dedicated pedestrian
crosswalk where the Indian Creek Greenway crosses the new segment of Airport
Boulevard.
The existing segment of Airport Boulevard between Davis Drive and Garden Square
Lane is a four-lane curb and gutter facility with a raised grass median and five-foot
sidewalks on each side, and a posted speed of 45 mph. The current Phase 1, (Figure 2)
proposes to extend Airport Boulevard from Garden Square Lane to Church Street with a
similar typical section. In lieu of the sidewalks on each side, the Phase 1 would utilize a
ten-foot-wide multi-use use path on the south side, a five-foot sidewalk on the opposite
side, along with a five-foot utility strip on each side. There would also be a dedicated
pedestrian crosswalk where the Indian Creek Greenway crosses the new segment of
Airport Boulevard. The new location portion of the Indian Creek Greenway would be
constructed prior to closing the existing trail, with access to the trail maintained during
construction. The improvements along Town Hall Drive and Church Street, consist of
the additions of turn lanes to accommodate Airport Boulevard. These improvements
also include replacement of existing sidewalks disturbed due to the widening. No
additional widening along Town Hall Drive and Church Street other than the addition of
turn lanes would be included in this project. Phase 2 would extend Airport Boulevard
from the end of Phase 1 at Church Street to Chapel Hill Road (NC 54) and is currently
unfunded.
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The proposed project (Phase I and Phase II) as described, would result in 1,354 linear
feet of permanent stream impacts, 67 linear feet of temporary stream impact, 0.29 acre
of permanent wetland impacts and 0.48 acre of permanent open water impacts.
Other Alternatives:
Due to the constraints created by existing development on either side of the proposed
path for Phase 1, one alignment was studied for Phase 1 of the project, while two
alternatives were examined for Phase 2. The first alternative would align directly with
the existing location of Airport Boulevard and include a bridge spanning the existing rail
line and Chapel Hill Road, requiring construction of a loop from Airport Boulevard to
Chapel Hill Road. The second alternative would also require a bridge across the rail line
and Chapel Hill Road but would be shifted slightly to the east of the existing location of
Airport Boulevard. During final design of Phase 2, the railroad grade separation shall be
designed to accommodate a four-track layout with a twenty-four foot- three inch (24'-3")
vertical clearance.
Phase II-Alternative 1 (NCDOT preferred alternative): 640 linear feet of permanent
stream impact, 0.035 ac of permanent wetland impact, two (2) residential relocations
and zero (0) business relocations.
Phase II-Alternative 2: 1,345 linear feet of permanent stream impact, 0.320 ac of
permanent wetland impact, two (2) residential relocations and two (2) business
relocations. The actual anticipated impacts based on most recent design are slightly
higher than these noted impacts.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or
minimize impacts to the aquatic environment: .
Avoidance and Minimization Through Project Design:
Impacts to steams, wetlands and riparian buffers within the project corridor were
avoided and minimized through alignment selection and project design to the maximum
extent possible. Slope stakes were revised to 2:1 in wetland/steam areas to minimize
impact. The 2:1 slope is the minimum slope necessary to provide a stable cover of
vegetation. Mechanized clearing in wetland impacts were minimized as much as
possible to only provide the minimum area necessary to install rip rap streambank
protection and erosion control devices. Rip rap armoring along streams at the inlet and
outlet were designed to provide the minimum impacts necessary for long-term
stabilization. Countersunk rip rap pad with rip rap on the streambank were designed to
prevent downstream scour at pipe/culvert outlets.
Avoidance and Minimization Through Construction Techniques:
Impacts to streams, wetlands and protected riparian buffers within the corridor would
be avoided and minimized throughout the construction process by the judicious use of
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equipment, materials and minimized access corridors. The contractor, NCDOT
inspectors and NCDOT Division 5 Environmental Officer would evaluate project
construction activity and work with staff to further minimize and avoid impacts to
streams, wetlands and regulated riparian buffers. Where feasible, staging and
construction access routes would be located in upland areas throughout the corridor.
Silt fencing would be installed around the permitted limits of disturbance to help ensure
that all construction equipment would remain within the permitted project area during
construction. Temporary sediment control devices and measures would be installed to
reduce sediment and erosion to receiving waters and minimize runoff from the
construction sites.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment: .
Stream and wetland mitigation would be provided for Phase I impacts only. This
includes a proposed 2:1 ratio for stream loss due to placement in a structure (309 total
linear feet) and proposed 1:1 ratio for stream loss due to countersunk rip rap in the
stream flow line (and on banks) at the outlet of structures (67 total linear feet). The
mitigation proposal also includes a proposed 2:1 ratio for 0.25 acre of wetland loss. No
compensatory mitigation is proposed for open water impacts. Additionally, no
compensatory mitigation is currently proposed for Phase II impacts. NCDOT would be
required to provide compensatory mitigation for Phase II impacts when a permit
modification request is received to include final design for Phase II.
Essential Fish Habitat
The Corps' determination is that the proposed project would not affect EFH, or
associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management
Councils or the National Marine Fisheries Service.
Cultural Resources
The FHWA is the lead federal agency for compliance with Section 106 of the National
Historic Preservation Act (NHPA) for this project.
To facilitate compliance with Section 106, a Programmatic Agreement (PA) was
executed between the FHWA, Corps, NC State Historic Preservation Office (NC
SHPO), NCDOT, and the Advisory Council on Historic Preservation (ACHP) in 2020 to
redefine NCDOT's internal review of transportation projects in North Carolina.
Specifically, the PA stipulates the authority of NCDOT's Archaeology and Historic
Architecture and Landscapes groups in identifying and evaluating historic properties
and assessing effects on historic properties in conjunction with transportation projects. If
it is determined that the PA is not appropriate to use for this project, consultation will be
performed in the traditional manner.
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As detailed below, Section 106 activities for this project (e.g., surveys, assessments,
etc.) have been initiated for this project.
Architectural Resources
NCDOT's architectural historian reviewed the proposed project in May 2021 and
determined that there is one survey site within the area of potential effect (APE), WA-
R047 (House). Visual survey indicated that the house was heavily altered and
unremarkable; it is not eligible for National Register listing. All other properties within the
APE over fifty years of age are unremarkable and do not warrant further evaluation.
There are no National Register listed or eligible properties and no survey is required.
Archaeological Resources
NCDOT's archaeologist reviewed the proposed project in January 2020, August 2020
and June 2021 and determined that much of the APE has been modified by modern
development, especially the construction of installation of residential developments. The
probability for intact soils is low, as would be undisturbed, significant archaeological
sites. There are no known, recorded archaeological sites presents. There are no
National Register of Historic Places (NRHP) archaeological sites present. It is unlikely
that significant, intact archaeological remains would be present and impacted by the
project. The NCDOT archaeologist indicated no archaeology survey is required.
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:
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).
The 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 identified permit area.
Endangered Species
The FHWA is the lead federal agency for this project and is the federal agency
responsible for making determinations and requesting concurrence with these
determinations (if other than a "no effect") from the U.S. Fish and Wildlife Service
(USFWS), in accordance with Section 7(a)(2) of the Endangered Species Act (ESA).
The following table contains the federally listed threatened and endangered species for
Wake County. It also includes the FHWA's determinations of effect to these species that
would result from implementation of the applicant's preferred alternative. For a species
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where the biological conclusion/determination is anything other than "No effect", the
FHWA will consult with the USFWS.
The project area was evaluated for potential habitat for federally Threatened (T) or
Endangered (E) species known to have ranges extending into Wake County (20 May
2022 USFWS list / USFWS IPaC planning tool). As of May 20, 2022, the USFWS lists 6
federally protected species, under the ESA for Wake County (see Table 1). The
applicant conducted habitat assessments and/or surveys for these species in 2020
and/or 2021.
Table 1: ESA federally listed species in Wake County
Scientific Common Federal Habitat Survey Biological
Name Name Status Present Results Conclusion
Picoides Red- Endangered Yes Negative No Effect
borealis cockaded
Woodpecker
Necturus Neuse River Threatened Minimal Negative No Effect
lewisi Waterdog
Noturus Carolina Endangered Minimal Negative No Effect
furiosus Madtom
Fusconaia Atlantic Threatened Minimal Negative No Effect
masoni Pigtoe
Alasmidonta Dwarf Endangered Minimal Negative No Effect
heterodon _Wedgemussel
Rhus Michaux's Endangered Yes Negative No Effect
michauxii Sumac
Myotis Northern Threatened NA *Subject to May Affect,
septentrionalis long-eared Programmatic Not Likely
bat Biological to
Opinion (6 Adversely
November Affect
2020)
No critical habitat was identified within the project area.
The applicant has provided the above information to the United States Fish and Wildlife
Service (USFWS).
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 is requesting concurrence with the above information from FHWA and/or
USFWS and/or additional review of the project and completion of any necessary
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biological assessment and/or consultation with the U.S. Fish and Wildlife Service, if
necessary.
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 applicant did not provide or satisfy all the elements required for a complete
401 certification request. Therefore, the 401 Certification process has not
started. 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 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. Unless NCDWR is granted a time review extension, a waiver will
be deemed to occur if the NCDWR fails to act on this request for certification
within 120 days of the date of this public notice. 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 June 25, 2022, 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
North Carolina Division of Coastal Management (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
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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 Corps will request, upon receipt„ concurrence or objection from
the NCDCM.
X 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 foreseeable 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 fill 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 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
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public hearing will 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, until 5pm, June 21, 2022. Comments should be
submitted to Andrew Williams, Regulatory Division,
3331 Heritage Trade Drive, Suite 105 , Wake Forest, North Carolina 27587, at (919)
554-4884 extension 26 or via email at [e-mail]. Comments
may also be submitted to [e-mail]
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