20010550 Ver 7_Public Notice_20071026

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U5 Army Corps
Of Engineers
Wilmington District
O IOSSO v.
Issue Date: October 1 1, 2007
Comment Deadline: C)ctober 26.200?
Corps Action ID #: 2007-03 1 1 4
"I'he Wilmington District, Corps cif Engineers (Corps) has received a modification request
from the North Carolina Department of Transportation, seeking Department of t1~e Army
authorization to impact an additional 264 Linear feet of stream associated with
construction of Section A of NC 98 Wake Forest Bypass (T.I.P. No. IZ-2809).. southwest
of Wake Forest in Wake County-. North Carolina.
Specific plans and location information are described belo«- and shown on the attached
plans. This Public Notice and all attached plans are also available on the Wilmington
District Web Site at wti~~v,saw.usace.armv.miU4vetlands
Applicant: North Carolina Department of Transportation. Division of Highways
Attn: Gregory J. Thorpe. Ph.D.
Environmental Management Director, PDEA
1 X48 Mail Service Center
Authority
PUBLI+~ NfJTICE
(15 day)
Raleigh. NC 27699-1548
The Corps will evaluate this application and a decide whether to issue, conditionally
issue. or deny fhe proposed work pursuant to applicable procedures of Section 404(b) oI'
the Clean Water Act (33 U.S.C. 1344).
Background
The social, economic, and environmental impacts associated with reasonable and
feasible build alternatives for this project have been described in an NCDOTIFederal
Highwa}~ Administration Environmental Assessment (FHWA-EA~) approved on October
25, 1995. "The project has been divided into tihree sections (A, B. and C) for construction
purposes, and the entire NC 98 Wake Forest Bypass (Transportation. Improvement
Program ("fIP} No. R-2809) «-as pr~:viously authorized render a single individual
Department of the Army permit (Action ID. 199601836). Sections A and ~I3 were
authorized based on preliminary design. with a condition that their construction tivould
require modification of the permit if the final design changed the impacts to waters oI~ the
IJ.S. A modification was issued for the f nal design for Section B on October 30.20f)3,
and Sections B and C have been constructed. The impacts described in this public notice
are for all of the construction related to Section A. and do not include the previousl}~

permitted impacts that have occurred for construction of Sections B and C. No additional
compensatory mitigation is proposed, beyond the mitigation for the complete NC 98
Wake Forest Bypass as required in the original permit. The final design for Section A
has increased the impacts from the preliminary design to an intermittent stream by 264
linear feet. This impact was not originally permitted because the stream was not
identified during the original delineation. According to NCDOT, the let date for Section
A of TIP R-2809 is December, 2007.
Location
The complete NC 98 Wake Forest Bypass will extend 4.8 miles, from NC 98 west of SR
1923 (Thompson Mill Road) to NC 98 east of SR 2053 (Jones Dairy Road), generally
south of Wake Forest, with an interchange at U.S. 1. Section C will extend
approximately 1.6 miles, from NC 98 west of SR 1923 (Thompson Mill Road) to the
interchange at U.S. 1, connecting with the completed Section B, in Wake County, North
Carolina (Section A center at ~3~.97° N Latitude, -78.55° W Longitude).
Existing Site Conditions
The general area to be impacted between NC 98 and US 1 varies from highly developed
residential areas to some undeveloped wooded land. The corridor is in the Neuse River
basin, with a drainage divide between Horse Creek to the north for the western 1/3 of
Section A, and Richland Creek to the south and east for the eastern 2/3 of Section A.
occurring along SR 1967 (Old NC 98). The streams to be impacted are typical piedmont
streams, one perennial, relatively permanent stream, and one intermittent stream (not
relatively permanent), both tributaries to Horse Creek. The wetland that will be impacted
is a hillside seep. abutting the perennial tributary to Horse Creek.
Applicant's Stated Purpose
The purpose of the entire Wake Forest Bypass is to provide better roadway access around
the south side of Wake Forest, connecting major radial roadways with each other; and to
provide an east-west connector to reduce traffic congestion on existing NC 98 through
Wake Forest.
Project Description
Section C of the highway will be a 4-lane, median divided roadway, with an at-grade
intersection at existing SR 1967 (Old NC 98), and improvements and/or relocations to
Wakefield Plantation Drive, SR 1967, SR 2000 (Falls of Neuse Road), Garden Hill
Drive, existing NC 98, Jones Wynd, SR 1200, SR 1923. and SR 1999.
Section C will involve permanent fill impacts to 0.01 acre of wetlands, 90 linear feet of
perennial stream. and 185 linear feet of intermittent stream channels, unnamed tributaries
of Horse Creek (275 linear feet total). The project will also temporarily impact an
additional 79 linear feet of the intermittent tributary to Horse Creek, for dewatering to

facilitate construction. The 264 linear feet of impact to the intermittent tributary was not
included in the original application and permit for the complete NC 98 Wake Forest
Bypass.
NCDOT is required to mitigate for the permanent impacts to the wetland and perennial
stream through payment to the North Carolina Ecosystem Enhancement Program.
NCDOT has not proposed mitigation for the permanent impacts to the intermittent
stream.
Design plans, the EA. and information about the North Carolina Ecosystem Enhancement
Program are available for review at the U.S. Army Corps of Engineers Regulatory Field
Office at 6508 Falls of Neuse Road, Suite 120; Raleigh, North Carolina 27615-6846
(Call ahead to arrange a time for review at [phone], ext. 23).
Other Required Authorizations
This notice is being forwarded to the appropriate State agencies for review. The Corps
will generally not make a final permit decision until the North Carolina Division of Water
Quality (NCDWQ) issues, denies, or waives State certification required by Section 401 of
the Clean Water Act (PL 92-500). The receipt of the application and this public notice
combined with appropriate application fee at the North Carolina Division of Water
Quality central office in Raleigh will constitute initial receipt of an application fora 40l
Water Quality Certification. A waiver will be deemed to occur if the NCDWQ fails to
act on this request for certification within sixty days of the date of the receipt of this
notice in the NCDWQ Central Office. Additional information regarding the Clean Water
Act certification may be reviewed at the NCDWQ Central Office, Transportation
Permitting Unit, 2321 Crabtree Boulevard. Raleigh, North Carolina 27604-2260. All
persons desiring to make comments regarding the application for certification under
Section 401 of the Clean Water Act should do so in writing delivered to the North
Carolina Division of Water Quality (NCDWQ), 1650 Mail Service Center. Raleigh,
North Carolina 27699-1650 Attention: Mr. John Hennessy by October 26, 2007.
Cultural Resources
The Corps has consulted the latest published version of the National Register of Histuric
Places and is not aware that any registered properties, or properties listed as being
eligible for inclusion therein are located within the project area or will be affected h}' the
proposed work. Presently, unknown archeological, scientific, prehistoric, or historical
data may be located within the project area and/or could be affected by the proposed
work.

Endangered Species
The Corps has 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 has determined pursuant to the Endangered Species Act
of 1973, that the proposed project will have no effect on federally listed endangered or
threatened species or their formally designated critical habitat. NCDOT conducted a re-
survey of the Section C corridor for Michaux's sumac on June 20, 2007, and no
specimens were found.
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 consolidate 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 tl~e
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.
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'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
I,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.
Written comments pertinent to the proposed work, as outlined above. will be received
by the Corps of Engineers. Wilmington District, until Spm, October 26, 2007. Comment
should be submitted to Eric Alsmeyer, Wilmington District, Corps of Engineers, Ralei~~h
Regulatory Field Office. 6508 Falls of Neuse Road, Suite 120. Raleigh, North Carolina
276 ] ~-6814, telephone [phone], ext. 23.
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RE: Wake Forest Bypass/DA# 199601836
Subject: RE: Wake Forest Bypass/DA# 199601836
From: "Alsmeyer, Eric C SAW" <[e-mail]>
Date: Fri, 21 Sep 2007 11:21:27 -0400
To: "Rob Ridings" <[e-mail]>
Rob: I am doing another PN - it should go out -mid-week next week.
Please reply or call if I may serve you in any other way.
Eric Alsmeyer
Project Manager
US Army Corps of Engineers
Raleigh Regulatory Field Office
Tel: [phone], ext 23
Fax: [phone]
Regulatory Homepage: http://www.saw.usace.army.mil/WETLANDS
Please help us better serve you! Take our brief online Customer Service
Survey. (http://w•,aw.saw.usace.army.miljscripts/rws3.pl?FORM=regulatory)
-----Original Message-----
From: Rob Ridings [mailto:rob.ridingsC~ncmail.~^~et]
Sent: Friday, September 21, 2007 11:13 AM
To: Alsmeyer, Eric C SAW
Subject: Wake Forest Bypass
Eric,
We just got an application for the final phase (A) of the wake Forest Bypass
project. From what I see, they have built sections B&C, but not A...but
their permit had "preliminary" impacts for section A. This request has
finalized drawings and impacts for that section.
Does the COE issue another Public Notice for the finalized section, or did
the original satisfy that requirement? Either way is fine with me, I just .
wanted to know if the 60 day clock has started or not.
Thanks,
Rob
1 of 1 9/21/2007 11:23 AM