20140564 Ver 1_More Info Received_20140703

Date July 2, 2014 2'
To Ms Karen Higgins
NCDWR Central Office vv''� UA YTS
\ ^1ois Stormv rr F�r�anch
512 North Salisbury Street - y`
Raleigh, NC 27604
Re 401 Certification Town of Fuquay- Varina / Corps Action ID SAW- 2014 -01038
From Keith / Sara Potter
343 Country Mill Way
Fuquay- Varina 27526
Dear Ms Karen Higgins,
Pursuant to the Public Notice dated June 13, 2014 regarding the application by the Town of Fuquay-
Varina to realign Herbert Akins Road I would like to officially object to the destruction of the wetlands
and stream that are currently within the proposed plans and on my property The town of Fuquay-
Varina is aware of all of the concerns outlined in this letter as we have been having regular
conversations with the town manager and engineering teams)
I live adjacent to the current Herbert Akins Road and have the community storm water discharge (put in
place by the developer) feeding the wetlands and a BSNW classified stream which runs through these
wetlands This storm water discharge is not noted on the attached/ included plans nor is an upstream
runoff covert /stream I have noted these areas on the map and have highlighted them I have also
included photos showing these areas
The Wetland mitigation compensatory requirement for payment to an approved mitigation bank does
not offset the avoidable functional loss to the aquatic environment created by the proposed
realignment of Herbert Akins Road How do these funds effectively help the displaced wildlife (for
example the frequent deer living in the area in question) and replace the natural resources destroyed by
this project?
We also see no compensatory account and /or forward thinking towards the homeowners in the area
being impacted There are about 5 -6 homeowners directly affected by this possible change (highlighted
on map) In addition to the destruction of the natural resources and wildlife that are currently present, I
am concerned about additional water volume that would be created by the realignment that will
potentially flood my property My backyard is attached to said wetlands in addition to the community
storm water discharge which is feeding these wetlands and stream that runs through the back corner of
my property
Although the Town of Fuquay- Varina claims they are removing a potential hazard (the curve in the road)
by realigning the existing curve, I believe this will create a potentially greater hazard with the increased
volume of traffic and the higher rate of speed in a currently residential area The realignment will alter a
two lane undivided country road to create a four lane divided highway with a speed limit of 45mph
These plans are part of a newly planned development for Sunset Bluffs which will exit directly across
from Belvinwood Drive in the Mill Ridge Community, where I live, and there are no current plans for a
traffic light at that new intersection This will create a hazard for the residents who currently live in Mill
Ridge when exiting onto Herbert Akins Road They will now have a full intersection with entrances to
two communities across from one another each required to cross a 4 lane divided road to make a left
turn into a blind curve The reason for the increased hazard is due in part that the new curve radius at

this entrance is sight line blocked by a community brick wall I fail to see how this can be safer than
what exists There has not been an accident on the existing curve in the 2 years we have lived here and
are unsure of when the last accident on record actually was
The removal of the current natural resources that align Herbert Akins Road at present will also create a
potential hazard for the residents of Mill Ridge and their children leaving them exposed to the new
divided highway with no protection or privacy from the new road, which is planned to abut directly to
the property lines of the residents on Country Mill Way with no plans for any barrier We are fearful for
the 26 plus children who live in the cul -de -sac which live in the area in question With no thought of a
barrier or safety easement we are fearful for easy access to the community from the new highway from
those who do not belong We are fearful for theft of property, a family member or pet being struck by a
motor vehicle and possible child abduction
We are looking for more forward thinking verses than dust reviewing paper plans Our community is
strong and is very concerned over what we see are unnecessary changes We feel that on the southwest
and east sides of Herbert Atkins road there is no plan to change these sections to a 4 load road so why is
there a true need to do this now It truly shows that anew development who is looking to gain more
land to build homes to make more money which in turn will drive more tax revenue for the town all
while the town gets said developer to help offset the cost of a new road to me is highly suspect and truly
looks like a complete conflict of interest One hand washing the other in this case The only plus in this
road realignment is for the town and land developer to profit We are increasing potential hazards,
impacting wetlands, and putting families and children at risk
Please let this letter serve as official notice of my formal objections to the current proposed changes to
Herbert Akins Road
Thank you for your time in advance and should you have any questions or would like to visit our location
please do not hesitate to call me direct
Keith C
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US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date- June 13, 2014
Comment Deadline: July 14, 2014
Corps Action ID Number: SAW - 2014 -01038
The Wilmington District, Corps of Engineers (Corps) received an application from the
town of Fuquay -Varina seeking Department of the Army authorization to permanently
impact 123 linear feet of stream channel and 0.7003 acres of forested wetlands,
associated with the realignment of Herbert Atkins Rd., 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
http• / /www saw usace army mil / Missions /Rej4ulatoaPermitPropram aspx
Applicant: Town of Fuquay Varina
Attn: Adam Mitchell
401 Old Honeycutt Rd
Fuquay - Varina, NC 27526
Agent: Mitchell Environmental, PA
Attn: Scott Mitchell
Post Office Box 341
Fuquay - Varina, NC 27526
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)
Location
Directions to Site- From US 1 and NC 55 interchange in Apex, proceed south on NC 55
Bypass 8 miles to Dickens Rd Turn left onto Dickens Rd., and proceed to James

Slaughter Rd. and turn left Travel 0 2 miles and turn left onto Herbert Atkins Rd. Travel
1.2 miles on Herbert Atkins Rd. The project is located on the southwest side of the road
adjacent to Mill Ridge subdivision.
Project Area (acres). 3.08 Nearest Town: Fuquay - Varina
Nearest Waterway Basal Creek River Basin: Neuse (0302020 1)
Latitude and Longitude: 35 6283N, - 78.7955W
Existing Site Conditions
The newly proposed alignment consists mainly of forested land and agricultural fields
Applicant's Stated Purpose
The purpose of the project is to realign a section of Herbert Atkins Road to meet current
North Carolina Department of Transportation design criteria due to the hazardously sharp
curve /tum this section of Herbert Atkins Rd. currently runs
Project Description
The proposed activity is a road realignment that involves the placement of one culvert
and fill in jurisdictional wetlands and ajurisdictional tributary to facilitate road
construction. The existing road alignment and associated culvert and fill will be removed
as part of this activity, including the restoration of the previously piped stream channel.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or
minimize impacts to the aquatic environment: The proposed realignment utilizes
mimmum horizontal curve criteria for the anticipated speed limit through the area, while
utilizing as much of the existing alignment as practical and safe per NC DOT standards.
The existing horizontal curve that will be replaced has much smaller radius that is a clear
and undisputable safety hazard for travel along its current route. Complete avoidance of
impacts for this project are impractical due to NC DOT design requirements. Bridging of
jurisdictional features were deemed cost prohibitive. Proposed impacts have been
minimized by tapering the two lane divided roadways section to an undivided two lane
section prior to the stream crossing, and by designing the new roadway to cross
jurisdictional features at a perpendicular angle.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment. Wetland mitigation requirements will be made
through payment to an approved mitigation bank if one is located within the project
K

service area at a 2:1 ratio If no banks are available the applicant has proposed payment
through the NC Ecosystem Enhancement program at a 2.1 ratio
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
® 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).
W

❑ 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 Historic 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 Corps determines that the proposed project may affect federally listed
endangered or threatened species or their formally designated critical habitat.
The Corps initiates consultation under Section 7 of the ESA and will not
make a permit decision until the consultation process is complete.
® 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
11

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 July 4, 2014 to-
NCDWR Central Office
Attention: Ms Karen Higgins, 401 and Buffer Permitting Unit
(LISPS mailing address)- 1650 Mail Service Center, Raleigh, NC 27699 -1650
Or,
(physical address) 512 North Salisbury Street, Raleigh, North Carolina 27604
North Carolina Division of Coastal Management (NCDCM):
F—I 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 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
5

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
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, until 5pm, July 14, 2014. Comments should be
submitted to Mr James Lastmger, Regulatory Specialist,Raleigh Regulatory Field Office,
3331 Heritage Trade Drive, Suite 105 ,Wake Forest, North Carolina 27587, at (919) 554-
4884 ext 32.
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