20240314 Ver 1_Final EA NIH RTP Discovery Lake Dam Rehab 11 July 2024_20240424

Final
Environmental Assessment
for Rehabilitation of the Discovery Lake Dam
National Institute of Environmental Health Sciences
Research Triangle Park, Durham, North Carolina
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Final Environmental Assessment
National Institute of Environmental Health Sciences
CONTENTS
ACRONYMS................................................................................................................................................v
1. INTRODUCTION........................................................................................................................1-1
1.1 Background......................................................................................................................1-1
1.2 Location and Description of Project Area........................................................................1-1
1.3 Purpose and Need............................................................................................................1-3
1.4 Public Engagement..........................................................................................................1-3
1.5 Federal Decision to be Made...........................................................................................1-3
2. PROPOSED ACTION AND ALTERNATIVES .........................................................................2-1
2.1 Proposed Action...............................................................................................................2-1
2.1.1 Temporary Cofferdam........................................................................................2-1
2.1.2 Pipe Rehabilitation..............................................................................................2-1
2.1.3 Shoreline Stabilization........................................................................................2-4
2.1.4 Other Components of the Proposed Action........................................................2-5
2.1.5 Required Permits and Approvals........................................................................2-6
2.2 Development of Alternatives............................................................................................2-6
2.2.1 Alternatives Evaluated and Not Carried Forward...............................................2-6
2.2.2 Alternatives Retained for Detailed Analysis.......................................................2-6
3. AFFECTED ENVIRONMENT AND ENVIRONMENTAL CONSEQUENCES ......................3-1
3.1 Resources Eliminated from Detailed Analysis................................................................3-1
3.2 Resources Carried Forward for Detailed Analysis ..........................................................3-4
3.2.1 Biological Resources..........................................................................................3-4
3.2.2 Hazardous Materials and Waste(Construction).................................................3-9
3.2.3 Soils....................................................................................................................3-9
3.2.4 Water Resources...............................................................................................3-11
4. LIST OF PREPARERS.................................................................................................................4-1
5. REFERENCES .............................................................................................................................5-1
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Final Environmental Assessment
National Institute of Environmental Health Sciences
FIGURES
Figure 1-1. Site Location,NIEHS RTP Campus,Durham,North Carolina. .............................................1-2
Figure2-1. Proposed Action......................................................................................................................2-2
Figure 2-2. Top of Dam Facing West with Proposed Staging Area(Upper Left).....................................2-3
Figure 2-3. Proposed Shoreline Stabilization in Southeast End of the Lake. ............................................2-4
Figure2-4. Bridge No. 6 Abutment...........................................................................................................2-5
TABLES
Table 3-1. Riparian Buffer Impacts...........................................................................................................3-7
Table 3-2. Soils Within the Project Area.................................................................................................3-10
Table 3-3. Potential Jurisdictional WoUS/Wetlands in the Project Area. .............................................3-12
APPENDICES
Appendix A: Public Involvement Documentation
Appendix B: Proposed Action Design
Appendix C: Agency Correspondence
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Final Environmental Assessment
National Institute of Environmental Health Sciences
ACRONYMS
BMP best management practice
CAA Clean Air Act
CEQ Council on Environmental Quality
CFR Code of Federal Regulations
CGP Construction General Permit
CMP corrugated metal pipe
CO carbon monoxide
CUP Central Utility Plant
CWA Clean Water Act
DEQ Department of Environmental Quality
EA Environmental Assessment
EIS Environmental Impact Statement
EO Executive Order
EPA United States Environmental Protection Agency
FONSI Finding of No Significant Impact
GIS Geographic Information System
HDPE high-density polyethylene
HMW hazardous materials and waste
HUC hydrologic unit code
LEM lacustrine emergent
LUB lacustrine unconsolidated bottom
MSW municipal solid waste
NC North Carolina
NCAC North Carolina Administrative Code
NEPA National Environmental Policy Act
NIEHS National Institute of Environmental Health Sciences
NIH National Institutes of Health
NO2 nitrogen dioxide
NPDES National Pollutant Discharge Elimination System
NWP Nationwide Permit
03 ozone
Pb lead
PFO palustrine forested
RTP Research Triangle Park
SH State Highway
SHPO State Historic Preservation Office
S02 sulfur dioxide
SWPPP Stormwater Pollution Prevention Plan
TMDL total maximum daily load
USC United States Code
USFWS United States Fish and Wildlife Service
WoUS waters of the United States
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Final Environmental Assessment
National Institute of Environmental Health Sciences
1. INTRODUCTION
1.1 Background
This Environmental Assessment(EA)has been prepared in accordance with the National Environmental
Policy Act(NEPA)of 1969, as amended(42 United States Code [USC] 4321 et seq.), as implemented by
the regulations promulgated by the Council on Environmental Quality(CEQ) (40 Code of Federal
Regulations [CFR] §1500-1508). The principal objectives of NEPA are to ensure the careful
consideration of environmental aspects of proposed actions in federal decision-making processes and to
make environmental information available to decision-makers and the public before decisions are made
and actions are taken. The CEQ was established under NEPA to implement and oversee federal policy in
this process. To this end,the CEQ issued the Regulations for Implementing the Procedural Provisions of
NEPA. The CEQ regulations declare that an EA serves to accomplish the following objectives:
• Briefly provide sufficient evidence and analysis for determining whether to prepare an Environmental
Impact Statement(EIS) or a Finding of No Significant Impact(FONSI),
• Aid in an agency's compliance with NEPA when an EIS is not necessary, and
• Facilitate preparation of an EIS when necessary.
The National Institutes of Health(NIH)complies with NEPA by following the Department of Health and
Human Services General Administration Manual Part 30,Environmental Protection. These federal
regulations establish both the administrative process and substantive scope of the environmental impact
evaluation designed to ensure that decisionmakers understand the potential environmental consequences
of a contemplated course of action.
The NIH is composed of 21 institutes and six centers, each with a specific research agenda,often focusing
on specializations of pathology and their progressions in and effects on humans.NIH institutes include
the National Institute of Environmental Health Sciences(NIEHS),National Cancer Institute,National
Human Genome Research Institute,National Institute on Deafness and Other Communication Disorders,
and National Institute of Allergy and Infectious Diseases, and others.
1.2 Location and Description of Project Area
The NIEHS is the NIH institute dedicated to environmental health research. The NIEHS Campus is in
Research Triangle Park(RTP)in Durham,North Carolina(NC)(Figure 1-1). The NIEHS is one of six
campuses operated by the NIH nationwide. The NIEHS campus is situated in the southern portion of the
RTP and encompasses 377 acres of a 515-acre parcel of land;the United States Environmental Protection
Agency(EPA) Offices of Research and Development and Air and Radiation occupy 133 acres of the site.
The centerpiece of the parcel is Discovery Lake. The 27-acre impoundment resulted from the construction
of Discovery Lake Dam in 1978. While the dam functions as a flood control structure,the lake, situated
between the main NIEHS and EPA facilities on the campus, is valued for its natural aesthetic, fish and
wildlife habitat, and as a recreational resource(e.g., fishing and jogging or walking) for employees and
their guests.Various fish and wildlife species inhabit or can be seen utilizing Discovery Lake,the
adjacent shoreline, and nearby forest lands.NIEHS and EPA employees also use the 1.7-mile perimeter
walking path on a regular basis(NIEHS 2015 and 2019).
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Final Environmental Assessment
National Institute of Environmental Health Sciences
1.3 Purpose and Need
The primary purpose of the Proposed Action is to ensure that the Discovery Lake Dam continues to
provide flood protection to downstream properties. A secondary objective of the Proposed Action is to
stabilize shoreline areas of the lake to prevent and minimize erosion. Collectively,the repairs and
improvements would ensure the dam continues to operate in a safe and effective manner.
The Proposed Action is needed to address structural deficiencies identified by a 2019 dam pipe
(or conduit)inspection. The existing corrugated metal pipes (CMPs)that comprise the dam's primary
spillway system are severely corroded(B-S 2019). As these pipes are nearing the end of their service life,
there is increased risk of dam malfunction or failure. Such an event could exacerbate flooding
downstream of the NIEHS and EPA facilities, as well as increase sediment deposition in downstream
waterbodies(NIH 2023a). The Proposed Action would proactively address these concerns by ensuring
continued flood protection to life and property downstream of the dam. The Proposed Action would also
include erosion control measures in shoreline areas along the perimeter of the lake.
1.4 Public Engagement
The CEQ NEPA implementing regulations encourage public involvement and participation in the NEPA
process(40 CFR part 1506.6[a]). Beginning in April 2024,the NIH began notifying staff concerning the
proposed project. (On April 1,2024,the NIEHS issued an all-hands message to campus staff notifying
them of project details and upcoming construction.)
The Draft EA was available for public review and comment for a period of 30 days commencing on May
23,2024. During that time the Draft EA was available for review and comment at the NC State
Environmental Review Clearinghouse website. All comments received and agency correspondence are
included in Appendix A.
1.5 Federal Decision to be Made
The decision to be made is whether,having taken the potential physical, environmental, cultural,and
socioeconomic effects into account,the NIH should implement the Proposed Action, including any
impact reduction or mitigation measures, as warranted.Based on the analyses in this EA,the NIH would
either formalize their decision by preparing a FONSI, announce their intent to prepare an EIS for the
Proposed Action,or choose not to implement the Proposed Action. During the decision-making
processes,the NIH carefully considered all substantive comments received from the public or regulatory
agencies with an interest in, or jurisdiction pertaining to,the Proposed Action. Based on the comments
received on the Draft EA,the NIH determined that a FONSI is the appropriate decision document for the
Proposed Action.
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2. PROPOSED ACTION AND ALTERNATIVES
This section of the EA describes the proposed action and alternatives considered.Alternatives found to be
unreasonable or inconsistent with the purpose and need of the Proposed Action(see Section 1.3)are also
described, including a brief rationale for their dismissal from further,more detailed analysis in this EA.
2.1 Proposed Action
The rehabilitation of the Discovery Lake Dam under the Proposed Action would involve several distinct
but related components and phases of work,as described below and shown in Figure 2-1. Design
drawings for the Proposed Action are included in Appendix B.
The Proposed Action would rehabilitate five aging and corroded CMPs. Collectively,these CMPs collect,
control, and regulate the release of water downstream of Discovery Lake Dam that flows into Burdens
Creek via an unnamed tributary. Rehabilitation of the CMPs under the Proposed Action would employ a
method referred to as"sliplining"1 where smaller,noncorrosive pipes are inserted into the corroded pipes,
including one lake drainage pipe,two inlet(upstream)pipes,and two outlet(downstream)pipes. The
existing CMPs are either 60 or 36 inches in diameter. Sliplining would involve inserting smaller(i.e., 54
or 30 inches in diameter,respectively),high-density polyethylene(HDPE)pipes into the corroded CMPs.
The interior annular space would then be filled with grout and sealed to create a new pipe with a non-
corrosive liner.
The Proposed Action would require the temporary drawdown of Discovery Lake to safely rehabilitate the
low inlet entry piping situated on the lakebed on the upstream side of the dam. This area includes three
CMPs, including a 36-inch in diameter lake drainage pipe and two 60-inch in diameter inlet pipes. Under
the Proposed Action,the lowering of the lake would be accomplished via a partial opening of the bottom
drain valve. To protect the integrity of the upstream facing dam embankment,the drawdown rate would
not exceed 6 inches per day. Based on the estimated lake depth,this rate of drawdown would take place
over approximately 35 days. To permit ground construction on the upstream side of the dam, some
dewatering of the lakebed via a pumping system would be required once the drawdown is complete.
2.1.1 Temporary Cofferdam
Under the Proposed Action, surface water flow into the lake would be contained by a temporary
cofferdam constructed upstream of the low level and principal spillway outlets. Utilizing earthen
materials excavated onsite,the cofferdam would be designed to contain flows up to the 10-year storm
event or occurrence. A 12-inch bypass pipe would be installed through the cofferdam to allow passive
flow on a continuous basis during construction with one exception. The sliplining of the lake drainpipe
would require the full containment of surface flow entering the lake for an approximately 24-hour period.
This continuous flow bypass pipe would provide additional flood protection beyond the 10-year storm
event. Once all pipes have undergone rehabilitation,the cofferdam would be removed or leveled in-place.
2.1.2 Pipe Rehabilitation
With the lake level drawn down and the temporary cofferdam in place,the implementation of the
Proposed Action would revolve around staging areas for materials and equipment in portions of the
auxiliary or emergency spillway abutting the eastern side of the dam's embankment(see Figure 2-2).
1 Sliplining is a technique used to repair leaks or restore structural stability to an existing pipe.It involves installing a smaller
"carrier pipe"into the existing larger"host pipe",grouting the annular space between the two pipes,and sealing the ends.
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Final Environmental Assessment
National Institute of Environmental Health Sciences
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Final Environmental Assessment
National Institute of Environmental Health Sciences
Figure 2-2. Top of Dam Facing West with Proposed Staging Area(Upper Left).
Each of the five slipline operations would occur as follows:
• The existing CMP would be flushed using pressure washing equipment to remove any undesirable
materials, debris, or internal protrusions.
• The sections of HDPE pipe would be moved from temporary staging to the entry point.
• The(snap-fit) sections of HDPE would be assembled as they are installed inside the conduit.
• The installed piping would be secured in place with a grout plug at each end until the annular space is
grouted.
Under the Proposed Action, sliplining operations would start with the two upstream inlet pipes; sliplining
of the lake drainpipe and downstream outlet pipes would start once the upstream inlet pipes are grouted.
Once the three inlet pipes upstream of the dam are rehabilitated and the cofferdam removed or leveled in-
place,the lake would be allowed to refill via natural inflow as regulated by the drain valve. The rate for
refilling the lake to normal level would be determined by the remainder of work under the Proposed
Action.
The draining of the lake under the Proposed Action includes measures to avoid or minimize potential
onsite and offsite environmental impacts. First,to ensure oxygen-depleted water from the lake does not
degrade water quality downstream of the dam, an aeration system would be installed and distribution lines
placed throughout the lake.At least one week in advance of draining the lake,the aeration system would
be activated. The distributed air would de-stratify the lake water and increase oxygen levels throughout
the lake prior to its discharge downstream.
Second,to prevent fish in the lake from moving downstream,the Proposed Action would implement the
following measures in advance of the construction start date:
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Final Environmental Assessment
National Institute of Environmental Health Sciences
• Remove fishing harvest limits;
• Conduct electroshocking to obtain a representative sample of the fish population(to determine
Rotenone dosing)and to facilitate relocation of some fish to nearby private ponds;
• Monitor weather forecasts to avoid any substantial rain events for several days and suspend public
fishing; and
• Exterminate the remaining fish with an appropriate dosage of Rotenone.
Following the Rotenone application,the lake level would be lowered below the normal outlet level to
contain the treated water onsite. Upon removal of the remaining fish,tests would be conducted to ensure
Rotenone levels in the lake water have diminished to safe levels before continuance of work.
The EPA has approved the use of rotenone formulations to control and sample fish populations in lakes,
ponds,reservoirs, and streams. Only certified pesticide applicators can apply rotenone. Recommended
concentrations of Rotenone formulation(5% active ingredient) for tolerant species(including catfish and
carp,which are present in the lake)are 1 to 3 parts per million. The maximum treatment concentration is
4 parts per million.
2.1.3 Shoreline Stabilization
The Proposed Action would employ a combination of shoreline erosion protection measures at various
locations around the lake perimeter(Figure 2-3). Riprap would be installed as an erosion control
treatment in areas of moderate erosion. Site preparation would include minor grading,placement of a
geotextile fabric underlayment, and riprap installation.Natural stone and mortar wall would be installed
in shoreline areas exhibiting severe erosion. The walls would be placed on small reinforced concrete
footers and set 2 feet below normal pool level. The area behind the walls would be backfilled with earth
or stone, seeded with grass, and planted with native vegetation. Vegetation plantings would be installed in
areas of minor erosion.Native plants would be selected based on their littoral positioning(i.e., deep pool,
shallow water, or water's edge).
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Figure 2-3. Proposed Shoreline Stabilization in Southeast End of the Lake.
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Final Environmental Assessment
National Institute of Environmental Health Sciences
2.1.4 Other Components of the Proposed Action
Several other components of the Proposed Action would take place concurrent with the main components
described above. These would include:
• Installation of a graded filter at the outlet end of the drainage, inlet, and outlet pipes.
• Application of graded filter media around the inlet pipes on the upstream side of the dam to intercept
any seepage flow that may track along the exterior of the original pipe conduits. The filter media
would function to trap embankment soil particles that could be transported by seepage water while
allowing water to pass through unfettered.
• Installation of riprap wave armor on the upstream slope of the dam embankment to minimize wave
erosion generated on the lake surface. The wave armor would consist of a geotextile fabric placed on
excavated subgrade to separate the riprap from the earthen fill.
• Repairs to Bridge No. 6,part of the walking path along the southern end of the lake(see Figure 2-4).
The bridge abutment would be extended by installation of a concrete retaining wall for structural
support. The extended abutment would also help to control erosion along the streambank in this area
(NIH 2023b and 2023d).
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Figure 2-4. Bridge No. 6 Abutment.
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Final Environmental Assessment
National Institute of Environmental Health Sciences
2.1.5 Required Permits and Approvals
Permits and approvals incorporated into the Proposed Action by design include the following regulatory
compliance measures:
• Erosion and Sediment Control Plan Approval(NC Department of Environmental Quality[DEQ]),
• National Pollutant Discharge Elimination System(NPDES)General Permit No.NCGO10000
(NC DEQ 2024),
• Nationwide Permit 3—Maintenance(USACE 2022),
• Section 401 Water Quality Certification,
• Dam Alteration Application Approval(NIH 2O23b and NC DEQ 2018).
• Sediment and Pollution Control Act of 1973 compliance,
• NC DEQ Division of Water Resources,Water Planning Section,Water System Approval, and
• B. Everett Jordan Reservoir(Jordan Lake)Riparian Buffer Rules(15A NCAC 02B .0267). and
.0311(n)
No components of the Proposed Action would commence until all permits, approvals,and compliance
requirements are fulfilled.
2.2 Development of Alternatives
The implementing procedures for NEPA require federal agencies to avoid or minimize the adverse effects
of their actions. Among these policies is the use of the NEPA process to identify and assess reasonable
alternatives to the proposed project that would avoid or minimize adverse impacts(40 CFR 1500.2(e)).
The alternatives must be explored rigorously and evaluated objectively. Alternatives that are eliminated
from detailed analysis must be identified,along with a brief discussion of the reasons for eliminating
them.
2.2.1 Alternatives Evaluated and Not Carried Forward
The NIH considered designing and constructing a new primary spillway and abandoning the existing
pipes by grouting them completely shut. However,this alternative would take much longer to design and
construct, increasing the risk of pipe failure. Additionally,the portion of Lakeview Drive that crosses the
dam would be closed for the duration of the new spillway construction. Therefore,the NIH determined
that this alternative was not reasonable,would not satisfy the purpose and need of the Proposed Action,
and would not be carried forward.
2.2.2 Alternatives Retained for Detailed Analysis
Under the No Action Alternative,the Discovery Lake Dam would not be rehabilitated. The pipes that
constitute the primary spillway system would continue to degrade, and the risk of dam failure and
downstream flooding would increase. Shoreline erosion would continue to encroach on the walking path
and release sediment into the lake.
While the No Action Alternative would not satisfy the purpose or need for the Proposed Action,this
alternative was retained for further evaluation to provide a comparative baseline against which to analyze
the effects of the Proposed Action as required under the CEQ regulations.
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Final Environmental Assessment
National Institute of Environmental Health Sciences
3. AFFECTED ENVIRONMENT AND ENVIRONMENTAL
CONSEQUENCES
This section describes the baseline resource conditions and environmental consequences of the Proposed
Action and No Action Alternative.
The potential effects of the alternatives evaluated in this EA are described as follows:
• Beneficial—Positive effects that improve or enhance resource conditions.
• Negligible—Adverse effects that would likely occur but at levels not readily observable by evaluation.
• Minor—Observable,measurable,tangible adverse effects would occur but at levels determined to be
less than significant.
• Significant—Obvious, observable,verifiable adverse effects would occur at levels determined to be
significant,not mitigable to below significance.
When relevant to the analyses,potential effects are further qualified by their context and intensity as
being direct or indirect, short-or long-term, and/or temporary, intermittent,or permanent.
3.1 Resources Eliminated from Detailed Analysis
The CEQ regulations state that federal agencies should"identify and eliminate from detailed study the
issues which are not significant or which have been covered by prior environmental review"(40 CFR§
1501.9(f)(1)). During evaluation of the Proposed Action, it was determined that several environmental
factors or areas would not be affected or experience only negligible,temporary, or beneficial effects.
Accordingly,the NIH eliminated the following resources from further analysis:
Air Quality: Pursuant to the federal Clean Air Act(CAA), all areas of North Carolina are in-attainment
with National Ambient Air Quality Standards for the six criteria pollutants(carbon monoxide [CO],lead
[Pb],ozone [03],nitrogen dioxide [NO2], sulfur dioxide [S02],and particulate matter). Construction
activities under the Proposed Action would generate air emissions of criteria pollutants on a temporary
and intermittent basis. However,the resultant emission levels would fall well below applicable CAA
regulatory thresholds that would require further analyses or permitting. Construction generated emissions
would also be reduced by standard environmental protection measures incorporated into the Proposed
Action(e.g.,vehicle and equipment controls).
Climate Change: The Proposed Action would result in a negligible short-term increase in emissions that
contribute to climate change from the operation of construction machinery on the site. Once the Proposed
Action is completed site conditions would return to the status quo. Therefore, climate change was
dismissed from detailed analysis in this EA.
Coastal Resources: The Proposed Action is in Durham County,North Carolina,outside the jurisdiction
of North Carolina's Coastal Area Management Act,Dredge and Fill Law, and federally approved Coastal
Management Program.No effects on coastal resources would occur.
Cultural Resources: There are no historic properties, sites, or features on the campus either listed,
eligible, or potentially eligible,in the National Register of Historic Places.No sites are visible to or from
the campus due to topography and forest lands along its perimeter.However, during construction of the
Proposed Action, should any cultural resources be unearthed, all work on and around the site would
immediately cease and protective measures would be put in place pending further analysis and,if
necessary, consultation with the State Historic Preservation Office(SHPO).
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National Institute of Environmental Health Sciences
A letter from the North Carolina SHPO related to the proposed construction under the NIH Campus
Master Plan dated June 5,2008 stated that"We have conducted a review of the proposed undertaking and
are aware of no historic resources that would be affected by the project."The oldest buildings in the
vicinity of the Proposed Action were constructed in the early 1980s.
The NIH has determined that the proposed action would result in"no effects"on historic properties(see
Appendix Q. They initiated consultation with the SHPO for this Proposed Action under Section 106 of
the National Historic Preservation Act on April 18,2024.The SHPO responded in a letter dated June 17,2024
stating,"We have conducted a review of theproject and are aware of no historic resources which would be affected by
the project. Therefore,we have no comment on the project as proposed."Accordingly, cultural resources were
dismissed from detailed analysis in this EA.
Environmental Justice: The purpose of Executive Order(EO) 12898,Federal Actions to Address
Environmental Justice in Minority and Low-Income Populations, is to ensure minority or low-income
persons or communities are not disproportionately affected by the adverse effects of a federally proposed
action. The Proposed Action is located within the secured campus where no environmental justice
communities are present.As concluded by this EA,no significant adverse effects on or from resources
such as noise,air or water pollution, and traffic would result from the Proposed Action. Minor, short-
term,beneficial effects on environmental justice communities on a regional scale could result from the
potential hiring of temporary workers under the Proposed Action. Therefore, environmental justice was
dismissed from detailed analysis in this EA.
Floodplains: The Proposed Action would temporarily affect 500-year floodplains that overlap portions of
the lake and the streams running into the lake from the southwest and southeast,respectively(NIH 2O12).
However,the size of the dam's embankment would continue to provide flood protection to areas
downstream. The drawdown of the lake would occur at a rate that allows the wet embankment soils above
the receding water level adequate time to drain such that they remain stable. This would be confirmed by
regular piezometer readings for the elevation of water inside the dam embankment. Additionally,the
lake's bottom drain would continue to channel runoff from storm events during rehabilitation activities
(NIH 2O23b).
Once completed,the Proposed Action would have minor,beneficial effects on the attenuation function of
the 500-year floodplains associated with the lake. These natural function benefits would extend
downstream to the 100-year floodplains associated with Burden Creek. Therefore, floodplains were
dismissed from detailed analysis in this EA.
Geology and Topography: The Proposed Action would not alter the geology of the project area. Ground
disturbance would be limited to minor grading within the shoreline restoration areas and portions of the
previously disturbed dam. These effects would be temporary and negligible. Therefore, geology and
topography were dismissed from detailed analysis in this EA.
Hazardous Materials and Waste(Biomedical Operations): The Proposed Action would not demolish,
construct, or renovate existing facilities in operation on the Campus. The construction limits of
disturbance would not overlap or conflict with the use, storage,transfer, or disposal of hazardous
materials and waste generated by ongoing NIEHS or EPA operations(NIH 2O12 and 2019). Therefore,
this resource area was dismissed from detailed analysis in this EA.
Hazardous Materials and Waste(Off-campus): The NC DEQ Inactive Hazardous Sites Branch
identified one Superfund site and two Brownfields Program sites within one mile of the Proposed Action.
The Superfund site was granted No Further Action Status in a May 10,2024 letter from NC DEQ. Land
use restrictions are for this site are limited to an approximately 10-acre tract located over 1,000 feet east
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National Institute of Environmental Health Sciences
of the southern end of the Discovery Lake watershed. The two identified Brownfields Program sites are
located on a 16-acre tract of land located approximately 3,400 feet south-southeast of the Discovery Lake
watershed.Land use restrictions are limited to the Brownfields site property. The Proposed Action would
neither be affected by or cause effects to these sites. Therefore,this resource area was dismissed from
detailed analysis in this EA.
Land Use and Aesthetics: The Proposed Action would not alter existing or future (planned)land use on
the campus as the lake would remain the central feature separating the NIEHS and EPA facilities
(NIH 2O12).As part of the larger Research Triangle Park,the Proposed Action would also be consistent
with existing and future land use surrounding the campus. Land use aesthetics on the campus would
temporarily be affected by construction activities,including the temporary drainage of the lake. However,
these effects would be temporary, and all affected or disturbed areas would be restored to their prior
condition under the Proposed Action.No long-term, adverse effects on land use or the visual character on
or around the campus would result from the Proposed Action. Therefore, land use and aesthetics were
dismissed from detailed analysis in this EA.
Noise: The existing noise environment on and around the campus is characterized by its location within
the RTP. Industrial and commercial activities predominate the land use supported by smaller areas of
residential development. Existing sources of noise are typical of this urban-suburban setting,including
traffic and transportation facilities(e.g.,nearby airport and rail operations)and construction sites
(EPA 2018). The Proposed Action would generate noise on the campus from vehicle and equipment
operations, site preparation activities,and infrastructure rehabilitation during construction. However,
noise generated from the Proposed Action would be temporary, intermittent, and further reduced by noise
reduction best management practices(BMPs).All work would be conducted during normal daytime hours
only. Given the topography and forest lands along the perimeter of the campus,most noise associated
with the Proposed Action would only be audible to onsite employees. In this context,noise from the
Proposed Action would not substantially alter the existing noise environment on and around the campus.
Therefore,noise was dismissed from detailed analysis in this EA.
Health and Safety: Under the Proposed Action, access to the campus would continue to be limited to
NIEHS and EPA employees and their guests. Construction site safety measures and communication
protocols under the Proposed Action would minimize safety risks to those able to access the campus
(NIH 2023b and 2023d). The secured nature of the campus would minimize safety risks to other members
of the public. As determined by this EA,no significant adverse effects on or from resources such as noise,
air or water pollution, and traffic would result from the Proposed Action. As such,potential effects on
public health would not be anticipated.
Only authorized construction personnel would be allowed on the campus. By contractual obligation, all
involved personnel would be appropriately trained to conduct the work in a safe manner. Specific
components of the Proposed Action would be further addressed in Government-approved safety and
management plans(e.g.,waste management protocols and required personal protective equipment).With
these measures in place,potential effects on occupational health and safety would be negligible under the
Proposed Action. Therefore,health and safety were dismissed from detailed analysis in this EA.
Socioeconomics,including Protection of Children: The Proposed Action would produce negligible
localized beneficial effects on socioeconomics from local expenditures (e.g.,material purchases and jobs)
and incidental spending(e.g.,meals and accommodations). These benefits would accrue in the short term,
during implementation of the Proposed Action. In the long term,minor beneficial effects on the quality of
life for NIEHS and EPA employees would be anticipated from the lake improvements. The Proposed
Action would result in a temporary negligible increase in the workday population of the RTP Campus
during construction;however,no changes in population or demand for housing and social services would
occur in the long term.
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National Institute of Environmental Health Sciences
Since children may suffer disproportionately from environmental health risks and safety risks,the intent
of EO 13045,Protection of Children from Environmental Health Risks and Safety Risks,is to ensure that
federal agencies prioritize and address this concern. Children of NIEHS or EPA employees may be
present within some areas of the RTP Campus;however,their access is limited to designated areas or
specific buildings (e.g.,the childcare facility located approximately 1,200 feet east-southeast of the dam).
Access to project sites associated with the Proposed Action would be strictly regulated and limited to
authorized personnel only.Information concerning the location and schedule of construction activities
under the Proposed Action would also be disseminated to NIEHS and EPA employees.With measures in
place to limit construction site access to those involved,the Proposed Action would not be anticipated to
disproportionately affect children's health or safety. Therefore,protection of children was dismissed from
detailed analysis in this EA.
Traffic and Transportation: The transportation network associated with the Proposed Action is access-
controlled at all entry three points and is limited to authorized staff and guests(NIH 2O23a and 2023d).
Limited road closures on and around the dam would be easily circumvented by minor detours requiring
entering via a different entrance or driving around the lake's south side. Any delays would be negligible
and temporary. Construction activities would not occur within designated parking areas.Therefore,traffic
and transportation are not further analyzed in this EA.
Utility Systems: Utility services on campus originate from a Central Utility Plant(CUP)located south of
Discovery Lake. These include chilled water,high temperature hot water,and electrical service. In
addition,potable water,fire suppression water, and sanitary sewer distribution lines that loop around the
lake to connect with various facilities on the campus. The CUP and campus distribution networks for
electricity,natural gas, and potable water also tie with the respective municipal systems. Stormwater
infrastructure consists of retention basins and impervious ditches of variable lengths oriented towards the
lake. Municipal solid waste(MSW)generated onsite is disposed of offsite(NIH 2O12 and NIEHS 2023).
Although mobile, self-contained equipment and systems would be transported to the site to support the
Proposed Action, some onsite utilities would be leveraged during rehabilitation activities. These systems
are generally in good working condition and have adequate capacity to support the Proposed Action.
Some underground distribution lines(i.e., sanitary sewer, fire protection water, and potable water lines)
are present in the vicinity of the lake's shoreline to the west or pass through or by the dam's embankment
moving east. However,utility clearance efforts under the Proposed Action would locate all underground
utilities within the project limits of disturbance for avoidance or de-confliction. Under the Proposed
Action, all MSW generated during rehabilitation activities would be sorted onsite for reuse,recycling, or
transport for disposal at a qualified offsite facility. Overall,the Proposed Action would have temporary,
negligible effects on the capacity of existing utility systems. Therefore,this resource area was dismissed
from detailed analysis in this EA.
3.2 Resources Carried Forward for Detailed Analysis
Based on the results of internal and external scoping(see Section 1.4),the following resources are carried
forward for more detailed analysis: biological resources,hazardous materials and waste(construction),
soils, and water resources. Section 3.2 describes the existing condition of each resource and evaluates the
potential effects on or from these resources that could result from implementing the Proposed Action and
No Action alternatives.
3.2.1 Biological Resources
The biological resources evaluated for this EA include plant and animal species and habitats occurring,or
likely to occur,within or near the Proposed Action site. In addition to species presence data collected by
NIEHS and EPA employees over the years,a site visit to collect data specifically for this EA was
conducted in March 2024.
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Final Environmental Assessment
National Institute of Environmental Health Sciences
3.2.1.1 Affected Environment
Land Cover and Flora
The land surrounding Discovery Lake is a mix of improved land(the dam and NIEHS and EPA
campuses)and pine forest,mixed pine/hardwood forest, and hardwood forest.Most of the forested areas
adjacent to the lake are in the south and east.
The Proposed Action site construction limits of disturbance encompass approximately eight acres. The
construction areas are located primarily in the northern and eastern portions of the 27-acre impoundment.
The dam consists primarily of mowed grass,with a narrow wetland fringe dominated by soft rush
(Juncus effusus)at the edge of the impoundment. Construction staging areas and access routes are
generally mowed grass. Land in the proposed shoreline stabilization areas is typically either unvegetated
or characterized by herbaceous plant growth,with mosses, grasses, and forbs nearest the paved walking
path and bare soil with scattered soft rush, cattails(Typha latifolia) and other wetland species at the
water's edge. Some areas in the northeast portion of the lake have scattered shrubs(primarily groundsel
tree [Baccharis halimifolia]) and trees(black willow [Salix nigra] and sweetgum [Liquidambar
styrac flua]). The proposed Bridge 6 repair area is located at the southern end of the lake where an
unnamed stream enters. Vegetation is characterized by grasses and forbs,with scattered shrubs and small
trees(sweetgum)that have been damaged by beaver.
Riparian Buffer
The NC DEQ enacted riparian buffer rules for the Jordan Lake water supply watershed in 2009(the rules
were amended in 2014)to protect water supply sources within the watershed. Restrictions apply to
"...activities conducted within, or outside of with impacts upon, 50-foot-wide riparian buffers directly
adjacent to surface waters in the Jordan watershed(intermittent streams,perennial streams, lakes,
reservoirs, and ponds...".
Fish and Wildlife
The lake and surrounding forests provide habitat for a variety of reptiles, amphibians, fish, and mammals,
and hundreds of bird species.
The lake has been stocked with a broad range of fish, including redear sunfish,bluegill, largemouth bass,
channel catfish, and hybrid striped bass. Triploid grass carp have also been stocked to control algal and
aquatic plant growth. Fishing at Discovery Lake is a popular activity on the lake,but is limited to NIEHS
and EPA employees, on-site contract staff, and guests. The NIEHS has suspended fishing restrictions to
allow unlimited collection of all fish species from Discovery Lake. This action is an effort to remove as
many fish as possible prior to lake draining required for the proposed action.
NIEHS and EPA bird enthusiasts have documented 149 species on and around Discovery Lake. These
include a variety of ducks and geese, Osprey, and shorebirds(e.g. Solitary Sandpiper).
The diversity of land cover on and around Discovery Lake provides habitat for mammals such as whitetail
deer(Odocoileus virginianus),Coyote(Canis latrans),bobcat(Lynx rufus),beaver(Castor canadensis),
raccoon(Procyon lotor), opossum(Didelphis virginiana), eastern gray squirrel(Sciurus carolinensis),
northern and southern flying squirrel(Glaucomys sabrinus and G. volans),eastern cottontail(Sylvilagus
floridanus), and a variety of mice,rats,voles,moles,and shrews.
Reptiles and amphibians known or likely to occur in and around the lake include common snapping turtle
(Chelydra serpentina), alligator snapping turtle(Macroclemys temminckii), eastern box turtle, (Terrapene
carolina), slider(Trachemys scripta),American bullfrog(Rana catesbeiana),American toad(Bufo
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Final Environmental Assessment
National Institute of Environmental Health Sciences
americanus), southern leopard frog(Rana sphenocephala), spring peeper(Pseudacris crucifer),green
anole(Anole carolinensis),northern watersnake(Nerodia sipedon), copperhead(Agkistrodon contortix)
brown snake(Storeria dekayi),black racer(Coluber constrictor),and rat snake(Elaphe obsoleta).
Special Status Species, Including Migratory Birds
An official species list obtained from the United States Fish and Wildlife Service (USFWS)via the IPaC
database(USFWS 2024a) on March 04,2024 identified four Endangered Species Act(ESA)-protected
species and one species of concern proposed for protection under the ESA with potential to occur on or in
the vicinity of the project site. The federally listed species include the threatened Atlantic pigtoe
(Fusconaia masoni),the endangered Michaux's sumac(Rhus michauxii),and the threatened smooth
coneflower(Echinacea laevigata). The tricolored bat(Perimyotis subflavus)is proposed for listing as an
endangered species(final listing is expected in the summer of 2024).Additionally,the monarch butterfly
(Danaus plexippus)is a candidate for listing under the ESA.No critical habitat for any of these species is
present in the project area. Brief habitat requirement descriptions for these species are provided below.
• Atlantic pigtoe: Clean,moderate flowing water with high dissolved oxygen where stream flows are
sufficient to maintain clean, silt-free substrates (USFWS 2021). Suitable habitat for this species is not
present in the project area due to slow moving,turbid water.
• Michaux's sumac: sandy or rocky open woods on sandy or sandy loam soils dependent on some form
of disturbance to maintain the open quality of its habitat. This disturbance may be in the form of fire,
wind throws,or openings created by roads,railroads, and utility rights-of-way(USFWS 2019).
Suitable habitat for this species is not present in the project area.
• Smooth coneflower: typically found in open woods,glades,cedar barrens,roadsides, clear cuts, dry
limestone bluffs, and power line rights-of-way(Federal Register 2022). Suitable habitat for this
species is not present in the project area.
• Tricolored bat: During the winter,in the southern US tricolored bats are often found roosting in road-
associated culverts where they exhibit shorter torpor bouts and forage during warm nights. During the
spring, summer,and fall,they are found in forested habitats where they roost in trees,primarily
among leaves of live or recently dead deciduous hardwood trees(USFWS 2024b). Suitable habitat for
this species is present on the campus.
• Monarch Butterfly: During the breeding season,monarchs lay their eggs on their obligate milkweed
host plant(primarily Asclepias spp.).While milkweeds likely occur in some areas of the campus, it is
unlikely that they would occur within the limits of disturbance.
Migratory birds are protected under the Migratory Birds Treaty Act of 1918,which prohibits the take
(including killing, capturing, selling,trading,and transport) of protected migratory bird species without
prior authorization by the USFWS. Bald Eagles are protected under the Bald and Golden Eagle Protection
Act of 1940,which provides criminal penalties for persons who "take,possess, sell,purchase,barter, offer
to sell,purchase or barter,transport, export or import, at any time or any manner,any bald eagle ...
[or any golden eagle], alive or dead,or any part(including feathers),nest,or egg thereof.".
The IPaC query identified eight migratory birds of conservation concern with potential to occur in the
project area,resting, foraging, or breeding. These include the Bald Eagle(Haliaeetus leucocephalus),
Chimney Swift(Chaetura pelagica), Chuck-will's-widow(Antrostomus carolinensis),Eastern Whip-
poor-will(Antrostomus vociferus),Prothonotary Warbler(Protonotaria citrea),Red-headed Woodpecker
(Melanerpes erythrocephalus),Rusty Blackbird(Euphagus carolinus), and Wood Thrush(Hylocichla
mustelina). Five of these migratory bird species have been observed and documented on the campus. The
breeding season for these species generally extends from April through August. The Bald Eagle breeds
year around,but no nests have been observed on the Campus.
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Final Environmental Assessment
National Institute of Environmental Health Sciences
The North Carolina Endangered Species Act(General Statutes Chapter 113,Article 25)prohibits the
taking of state listed species. The Act also states that it does not limit the rights of a landowner in the
lawful management of his/her land. In a 202 1 document,the North Carolina Wildlife Resources
Commission identified 62 state endangered species and 62 state threatened species statewide.
3.2.1.2 Environmental Consequences
Proposed Action
Impacts to biological resources under the Proposed Action would be associated with dam repair
(including drawdown of the impoundment) and shoreline stabilization activities. Overall,these impacts
would be negative,minor, and temporary. In the long-term,minor,beneficial effects on natural resources
would be anticipated from the Proposed Action due to a reduced potential for erosion and sedimentation
of the lake and waterbodies immediately downstream of the dam. Disturbed areas would be returned to
pre-construction conditions upon work completion.
Land Cover and Flora
Changes to land cover and flora would be negligible. The impoundment side of the face would be
converted from grass and forbs to riprap. Approximately 2,100 feet of severely eroding shoreline would
be stabilized with riprap, and just over 1,000 feet would be stabilized with stone retaining walls.
Approximately 2,000 feet of moderately eroding shoreline would be stabilized with native vegetation
including(but not limited to) spatterdock(Nuphar advena),white water lily(Nyphaea odorata), arrow
arum(Peltandra virginica),pickerel weed(Pontederia cordata), swamp milkweed(Asclepias incarnata),
boneset(Eupatorium perfoliatum),cardinal flower(Lobelia cardinalis), fringed sedge(Carex crinita),
harlequin blueflag(Iris versicolor), and soft rush(Juncus effusus). These proposed changes to land cover
and flora changes would be negligible and beneficial in the long term by providing stability and species
diversity to the shoreline.
Riparian Buffer
The Proposed Action would result in both temporary and permanent riparian buffer impacts (Table 3-1).
However, all such impacts are classified as"allowable"under the Jordan Lake riparian buffer rules.
Table 3-1.Riparian Buffer Impacts
Square Feet Exempt,Allowable,or
Duration Type of Impact (acres) Unallowable
Temporary Vegetation Removal 8,747(0.20) Allowable
Temporary Access Road 560(0.01) Allowable
Permanent Rip Rap on Shoreline,Retaining Wall 19,423 (0.45) Allowable
Fish and Wildlife
Impacts to fish and wildlife would be negative and minor in the short term as the electroshocking and
Rotenone application would facilitate the removal of the fish population in the lake. This sudden
alteration of predator and prey species numbers in the lake, coupled with the subsequent drawdown would
have short-term,negative impacts on habitat quality for individuals of several wildlife species. Even
though many individuals would be displaced,and others would perish,the reductions would be negligible
in terms of regional population numbers. However,numerous small lakes are present in the vicinity of
Discovery Lake. Jordan Lake,which covers over 21 square miles and is just over five miles southwest of
Discovery Lake,could provide habitat for displaced waterbirds. Overall,impacts to fish and wildlife from
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Final Environmental Assessment
National Institute of Environmental Health Sciences
the reduction in habitat would be short term,and current species would repopulate the lake over time once
full pool is achieved. The NIH would restock the lake with fish following completion of the Proposed
Action.
The NIH would implement measures to minimize potential impacts to fish and wildlife downstream of the
dam. Prior to dewatering,the NIH would install a suite of aeration units into the lake to ensure that water
with depleted oxygen levels on the bottom of the lake is not released downstream.After the Rotenone
treatment the NIH would ensure that Rotenone in the lake is below toxic levels before releasing water
downstream.
Rotenone is a naturally occurring compound derived from the roots of tropical and subtropical legume
plants. It affects most aquatic gill-breathing animals such as fish, amphibians and insects. At normal
application rates,mammals,birds and reptiles are not affected because their skins inhibit absorption and
enzymes in their digestive systems break down small amounts of Rotenone into harmless products.
Rotenone is rapidly broken down in soil and water: its half-life in both is between 1 and 3 days.Nearly all
its toxicity is lost in 5-6 days of spring sunlight, or 2-3 days of summer sunlight(Hisata 2002).
The EPA has approved the use of Rotenone formulations to control and sample fish populations in lakes,
ponds,reservoirs,and streams. Rotenone formulations labeled for fish removal may only be purchased
and applied by a certified pesticide applicator. The applicator would be responsible for conforming to the
product labeling.
Special Status Species, Including Migratory Birds
The only potential federally listed species that could occur within the project area is the tricolored bat
(final listing is expected in the late summer of 2024). Pine and hardwood forests around the lake provide
foraging habitat for this species. However,because the Proposed Action would only include the removal
of 6-7 small(up to approximately 3 inches in diameter at breast height)black willow trees,the NIH has
determined that there would be no effect on the tricolored bat. The USFWS did not provide comments
during the public review and comment period.
If any threatened or endangered species are encountered during the construction process,work would stop
immediately, and the NIH would consult with the USFWS to determine the appropriate course of action.
This stipulation would be incorporated into construction documents,as well as operational protocols and
permitting agreements. Therefore,no significant impacts to threatened or endangered species would be
expected to result from the Proposed Action.
Migratory Birds—Some Proposed Action activities would occur in potential nesting, foraging, or
stopover habitat and could result in minor, direct, short-term adverse impacts to migratory birds subject to
protection under the Migratory Bird Treaty Act. However,these activities would be limited in scale and
would occur near the end of the nesting season. As birds possess a relatively high degree of mobility, it is
likely that individuals of these species present on or around project sites would relocate a safe distance to
other areas of suitable habitat. Thus,most impacts on migratory birds would be minimized or avoided.
No-Action
Under the No-Action alternative there would be no impacts to biological resources in the short term.
However, foregoing the dam repairs and shoreline stabilization could reduce habitat quality over the long
term due to continued sedimentation and increased risk of dam failure.
Cumulative Effects
Given the small scale and temporary nature of rehabilitation activities,in combination with other current
or reasonably foreseeable actions,the Proposed Action would not likely contribute to any cumulative
effects on biological resources.
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Final Environmental Assessment
National Institute of Environmental Health Sciences
3.2.2 Hazardous Materials and Waste (Construction)
3.2.2.1 Affected Environment
Generally,hazardous materials and waste(HMW) are substances determined to present risks to human
health, safety,or the environment when they occur above certain concentrations. There are no known
HMW sites within the project limits of disturbance. However,rehabilitation activities would require the
use,handling, storage,transport,and disposal of regulated HMW, such as vehicle and equipment
operating fuels (e.g., oil, diesel, gasoline,antifreeze, and lubricants).
3.2.2.2 Environmental Consequences
Proposed Action
The Proposed Action would create potential for the accidental discharge or spill of HMW that could
contaminate the environment or result in exposure of persons to such contaminants. The Proposed Action
could also unearth contaminants in environmental media not yet known or identified for management
action.
Under the Proposed Action,HMW used or generated during rehabilitation activities would be handled,
stored, and disposed of in accordance with federal and state laws and regulations. Contractual obligations
under the Proposed Action would also require adherence to applicable management plans pertaining to
HMW use or accidental release to the environment(NIEHS 2019,2023, and 2024). Should work
activities suspect or identify potential HMW substances in environmental media, all work in that location
would stop until the potential contamination is properly evaluated and addressed.
With these measures in place,potential HMW effects would be minor and short-term under the Proposed
Action.
No-Action
Under the No-Action Alternative,the use, storage,transport, and disposal of HMW on the campus would
continue at levels commensurate with the status quo. These activities would continue consistent with the
procedures and requirements stipulated in Hazardous Waste Management Plans.
Cumulative Effects
Given the small scale and temporary nature of rehabilitation activities,in combination with other current
or reasonably foreseeable actions,the Proposed Action would not likely contribute to any appreciable,
adverse cumulative effects on or from HMW.
3.2.3 Soils
3.2.3.1 Affected Environment
Table 3-2 characterizes the main types of soils associated with the Proposed Action. The dam's
embankment primarily consists of fill soils, a mixture of clays, silts, and sands.
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Final Environmental Assessment
National Institute of Environmental Health Sciences
Table 3-2. Soils Within the Project Area.
Map Drainage Runoff Depth to Water Table
Unit Name Extent Class Class in.
Cartecay and West-central portion of the lake
Cc Chewacla soils,0 to 2 south of the dam through the Somewhat Very high 6 to 24
percent slopes, upstream inlets;overlaps with poorly
frequently flooded 500-year floodplains
White Store sandy Southwestern portion of the Moderately
Wsc loam,6 to 10 percent lake and shoreline well Very high 12 to 18
slopes
White Store sandy Eastern portion of the lake and Moderately
WsE loam, 10 to 25 shoreline;shoreline areas to the well Very high 12 to 18
percent slopes west and south
Source:NRCS 2024
3.2.3.2 Environmental Consequences
Proposed Action
The Proposed Action would involve earthwork, including excavation,backfilling, and compacting of soils
and fill materials. In some areas,vegetation removal would be required for access to the shoreline and
mowing would be necessary to create staging areas in proximity to work sites. These activities would
alter soil structure and increase their susceptibility to erosion.
Under the Proposed Action,the limits of disturbance within and around the lake would total
approximately 2.4 acres(NIIH 2O23d). However,this total encompasses numerous discrete or dis-
contiguous areas within the lakebed, shoreline, and dam embankment. To minimize potential adverse
effects on soils,the Proposed Action would adhere to terms and conditions of a Construction General
Permit(CGP)(2022). Coverage under the CGP would require BMPs to minimize soil erosion,
compaction, and pollution during rehabilitation activities. The CGP would also require inspection,
maintenance, and, if necessary, correction of BMPs for the duration of the Proposed Action. Additionally,
upon completion of work activities, each work site would be graded and restored to prior condition,to the
fullest extent practicable(NIH 2O23b).
With these measures in place,potential effects on or from soils under the Proposed Action would be
temporary and minor.
No-Action
Under the No-Action Alternative, soils underlying the lake, shoreline, and dam embankment would not be
disturbed or altered from their current state. In the long term,this alternative would increase the potential
for soil erosion and loss in and around the lake.
Cumulative Effects
Given the small scale and temporary nature of rehabilitation activities,in combination with other current
or reasonably foreseeable actions,the Proposed Action would not likely contribute to any appreciable,
adverse cumulative effects on or from soils.
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Final Environmental Assessment
National Institute of Environmental Health Sciences
3.2.4 Water Resources
3.2.4.1 Affected Environment
The campus is part of the Cape Fear River Basin, an area that drains a large swath of land from
Greensboro to Wilmington,NC. Therein,the Haw sub-basin includes the watershed and sub-watershed in
within which the campus is situated. Part of the 219,557-acre B. Everett Jordan Lake-New Hope River
hydrologic unit code([HUC] 10: 0303000206)watershed,the campus within the Northeast Creek sub-
watershed(HUC 12: 030300020605) (NIH 2O12 and EPA 2024).
The drainage area to the dam includes approximately 282 acres of land characterized by mixed-use
development(F&R 2023). The main surface water feature of the sub-watershed is Northeast Creek, a
south-southwest flowing stream west of the campus that ultimately discharges into Jordan Lake farther in
neighboring Chatham County,North Carolina.Jordan Lake serves as a major water supply for the central
part of the state.
Discovery Lake is the primary surface water feature on the campus and a central component of its
stormwater management system.North of the lake,Burdens Creek, a tributary of Northeast Creek,bisects
the campus from east to west. Water discharged from Discovery Lake flows north via an unnamed stream
into Burdens Creek(EPA 2024). The campus also includes various intermittent streams,many containing
segments with below-ground flow(NIH 2O12). In this context,Discovery Lake also functions to
minimize flooding and erosion within the downstream portions of Burdens Creek.
Water Quality
There are two total maximum daily loads(TMDLs)that characterize water quality conditions within the
Northeast Creek sub-watershed and areas immediately downstream within the Haw sub-basin.
Under the Clean Water Act(CWA),Northeast Creek has appeared on the state's list of impaired streams
due to elevated fecal coliform bacteria levels since 1998.A fecal coliform TMDL was finalized in 2003
establishing a pollution diet within the sub-watershed to address the elevated levels. The TMDL focuses
on reducing bacteria levels in Northeast Creek from State Highway(SH)-55 to a point in Chatham
County, approximately 8.4 stream miles. Both point and nonpoint sources of pollution contribute to the
elevated fecal coliform bacteria,particularly the City of Durham municipal separate storm sewer system.
Northeast Creek is further classified under state rules as a Water Supply-IV Nutrient Sensitive Water
(WS-IV NSW)below SH-55, a designation relating to its usage as a source of water(NC DENR 2003 and
City of Durham 2023).
Jordan Lake is a state listed impaired waterbody due to nutrient pollution(i.e., eutrophication)primarily
originating from point and nonpoint sources upstream of the reservoir. The Jordan Lake TMDL is a
coordinated effort to address state NSW and federal CWA requirements by reducing total nitrogen and
total phosphorus loads entering the lake(NC DENR 2007).
Discovery Lake is situated near the Protected Area(PA)boundary associated with Jordan Lake(WS-IV
NSW) (NC DEQ 2022). The unnamed stream receiving flow from the lake discharges to a segment of
Burdens Creek classified as a WS-V NSW. Farther downstream,the portion of Burdens Creek within the
PA for Jordan Lake is classified as a WS-IV NSW(NC DEQ 2016).
Stormwater Management
Across the campus,the stormwater management system consists of both manmade and natural
infrastructure(i.e.,impervious and pervious conveyances). In addition to Discovery Lake,numerous
smaller detention ponds and catch basins are scattered throughout the campus(NIEHS 2023).
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Final Environmental Assessment
National Institute of Environmental Health Sciences
Stormwater associated with the Proposed Action would convey to Discovery Lake with one exception.
The area north of Lakeview Drive would convey downstream towards Burdens Creek in the northern part
of the campus.
Several shoreline areas around Discovery Lake have experienced substantial wind and water erosion in
the past starting with the ravine formations along the south-southwest perimeter of the lake that proceeded
its construction. Erosion of the shoreline between pedestrian bridges 4 and 5 in the south and along the
northeastern perimeter of the lake near the left abutment of the dam have also required management
(NIEHS n.d.).
Waters of the US, including Wetlands
The Southern Piedmont subregion in North Carolina is an area of hilly terrain dissected by many streams
that flow south and east to the Coastal Plain(USGS 2017). Potentially jurisdictional aquatic resources
identified in the project area include waters of the United States(WoUS)and wetlands, a subset of WoUS
(Table 3-3).
Groundwater
Subsurface water levels underlying project sites associated with the Proposed Action vary with changes in
precipitation,runoff,and season.For example, soil borings taken from the dam's embankment
encountered groundwater at depths ranging from 3 to 38.3 feet below ground surface. The water level and
bathymetry of the lake also influence depth to groundwater(F&R 2023).
Table 3-3.Potential Jurisdictional WoUS/Wetlands in the Project Area.
Extent
Type or Classification Description Location ac
Palustrine forested(PFO) Wetlands dominated by woody Immediately downstream of the 0.4
wetlands vegetation such as trees and shrubs dam
Riverine upper perennial(R3) Channelized stream with year-round Immediately downstream of the 0.03
stream flow dam
Lacustrine unconsolidated Deepwater habitat situated in a Most of Discovery Lake 24.9
bottom(LUB)(non-wetland) dammed stream channel
Lacustrine emergent(LEM) Edge habitat with minimal water Portions of Discovery Lake 1.3
wetlands depth and emergent vegetation adjacent to the shoreline
Sources:NIH 2023c
3.2.4.2 Environmental Consequences
Proposed Action
Water Quality
The Proposed Action could decrease dissolved oxygen levels in downstream surface waters during the
drawdown. However,these potential effects would be avoided by the installation of a water aeration
system. Prior to the drawdown of the lake, distribution lines extending across the lakebed would
oxygenate the lower-level water column. In effect,levels of dissolved oxygen in the lake would increase
prior to the drawdown of the lake (NIH 2023b). Therefore,potential water quality effects from decreased
dissolved oxygen downstream of the dam would be short-term and negligible.
Stormwater Management
The Proposed Action would involve earthwork, including grading, excavating, and backfilling of soils
and fill materials. These activities would expose soils and increase their susceptibility to erosion and
sedimentation of surface waters. Under the Proposed Action,rehabilitation activities would create
Research Triangle Park,Durham,North Carolina 3-12 July 2024

Final Environmental Assessment
National Institute of Environmental Health Sciences
potential for accidental release of petroleum, oil, and lubricants to the environment. These constituents
could leach into groundwater or migrate in runoff for discharge into nearby surface waters.
To minimize potential effects on water quality,the Proposed Action would be subject to conditions set
forth in NPDES General Permit No.NCGO10000 (NCGO1) for stormwater discharges from construction
activities. The NCGO1 permit would specify requirements for the design,installation, and maintenance of
stormwater controls. These measures would be codified by preparation of an Erosion and Sedimentation
Control(E&SC)Plan. The E&SC Plan would be approved by the North Carolina Department of
Environmental Quality prior to the start of construction. The NCGO1 permit would also specify pollution
prevention requirements for the Proposed Action(NC DEQ 2024).
Under the Proposed Action, all disturbed areas would drain to approved sediment control measures. These
measures would remain in place and be inspected and maintained for the duration of the Proposed Action.
For example,the water pumped from the lake during the drawdown phase would pass through a
constructed filter barrier prior to being discharged to a downgradient outfall creek(NIH 2O23b).
Waters of the US, includin_a Wetlands
The Proposed Action would temporarily disturb or involve work in or around potential jurisdictional
WoUS, including wetlands. Permanent impacts would be limited to the placement of riprap below the
pool level to protect the dam from wave erosion and the shoreline stabilization areas(NIH 2O23b). Total
impacts would be approximately 19,500 square feet or 0.45 acres.
Based on a preliminary jurisdictional determination request of aquatic features in and around the lake,the
Proposed Action would be in compliance with Sections 401 and 404 of the CWA via Nationwide Permit
(NWP) 3,Maintenance(NIH 2O23b). This NWP authorizes the repair,rehabilitation, or replacement of
the Discovery Lake dam as a previously authorized, currently serviceable flood control structure. This
includes the temporary structures,fills, and works associated with the Proposed Action(USACE 2022).
The Proposed Action would not alter or change the footprint associated with the lake, shoreline, or dam,
and only temporary fills would be required to support rehabilitation activities. Under the Proposed
Action, all temporary fills would be removed, and affected areas would be returned to pre-work
conditions(e.g., elevation,vegetation,or substrate), as appropriate (NIH 2O23b).
With adherence to applicable permit conditions (including payment to the NC DEQ in-lieu fee program if
required for mitigation)and no permanent, large-scale dredge and fill activities occurring under the
Proposed Action,potential effects on WoUS/wetlands would be minor.
Groundwater
The Proposed Action would not affect any public supply sources of groundwater;however, some project
sites would be likely to encounter groundwater. To minimize potential effects on or from groundwater
(e.g.,contamination, or flooding of work areas)during the Proposed Action, surface water runoff would
be rerouted away from excavated areas.Additionally, groundwater would not be allowed to accumulate in
excavations. In such an event, groundwater would either be pumped into an approved filtering device
prior to environmental release or discharge, or disposed of in a manner that is protective of public health
and property(NIH 2O23b and 2023d).
With these measures in place,potential effects on or from groundwater under the Proposed Action would
be short-term and minor.
Research Triangle Park,Durham,North Carolina 3-13 July 2024

Final Environmental Assessment
National Institute of Environmental Health Sciences
No-Action
Under the No-Action Alternative,water resource conditions in, adjacent to, and immediately downstream
of Discovery Lake would continue to fluctuate in response to changes to the human environment. In the
short-term, conditions would likely remain consistent with the status quo; however, conditions would
likely worsen over the long-term without management intervention.
Cumulative Effects
Given the small scale and temporary nature of rehabilitation activities,in combination with other current
or reasonably foreseeable actions,the Proposed Action would not likely contribute to any appreciable,
adverse cumulative effects on water resources.
Research Triangle Park,Durham,North Carolina 3-14 July 2024

Final Environmental Assessment
National Institute of Environmental Health Sciences
4. LIST OF PREPARERS
Area of
Name Title Education Responsibility
Mark Radtke NIH NEPA B.S.Environmental Science,Catawba College, Project
Coordinator 1998 Coordination
Tony Ruhlman Project Manager/ M.S.Biology Central Michigan University, 1992 PM,NEPA
NEPA Analyst B.S.Biology,Alma College, 1988 Analysis/Review
M.S.Environmental Planning Studies,
Michael Newcastle-upon-Tyne,2005
Robertson Planner B.S. Crop and Soil Environmental Science, NEPA Analysis
Virginia Tech, 1999
Eric Adams GIS Analyst B.S. Geology,Portland State University,2016 GIS Analysis
M.S.Hydrogeology,Clemson University Geology,
Michael Pardue Geologist B.S. Geological Sciences,University of North Hydrogeology
Carolina at Chapel Hill
Audrey Brown Archaeologist M.A.Anthropology,University of Alabama,2003 Cultural
B.S.Biology,Boston College, 1998 Resources
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National Institute of Environmental Health Sciences
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5. REFERENCES
B-S (Bander-Smith). 2019.Discovery Lake Dam Water Level Control Structures Repairs. Submittal No.
182315. June 2019.
City of Durham. 2023. Total Maximum Daily Load Response Plan for Fecal Coliform Bacteria in
Northeast Creek(Cape Fear River Basin),Durham,North Carolina. Public Works
Department. Revised March 2023.
EPA(Environmental Protection Agency). 2018. Environmental Assessment: Implementation of Energy
Savings Performance and Conservation Measures at Research Triangle Park,North Carolina.
September 2018.
2024.Waters GeoViewer 2.0.Accessed April 2024.
F&R(Froehlig and Robertson,Inc.). 2023. Report of Subsurface Exploration and Geotechnical
Engineering Evaluation(Preliminary Draft),NIEHS Discovery Lake Dam Improvements,
Durham,North Carolina. May 2023.
Federal Register. 2022. Endangered and Threatened Wildlife and Plants; Reclassification of Smooth
Coneflower from Endangered to Threatened with a Section 4(d)Rule. 50 CFR Part 17.
USFWS. July 6,2023.Vol. 87. Pp 40100-40115.
Hisata, John S. 2002. Lake and Stream Rehabilitation: Rotenone Use and Health Risks.Washington
Department of Fish and Wildlife Final Supplemental EIS.
NC DENR(North Carolina Department of Environment and Natural Resources).2003. Fecal Coliform
Total Maximum Daily Load for the Northeast Creek Watershed,Durham County, Chatham
County and Wake County. July 2003
2007. B. Everett Jordan Reservoir,North Carolina Phase I Total Maximum Daily Load. September
2007.
NC DEQ (North Carolina Department of Environmental Quality). 2024. General Permit No.NCGO10000
to Discharge Stormwater under the National Pollutant Discharge Elimination System for
Construction Activities that are also subject to the North Carolina Sedimentation Pollution
Control Act of 1973. March 28,2024.
2018. Flow Chart: How to Apply for an Approval to Modify/Repair a Dam.May 2018.
2016.NC Surface Water Classification Map Application. Classifications WS-IV,WS-V, and NSW.
Data updated March 29,2016. Accessed April 2024.
2022.NC Surface Water Classification Map Application. Classification PA. Data updated August
12,2022. Accessed April 2024.
NIEHS (National Institute of Environmental Health Services). 2015. Discovery Lake Self-Guided Nature
Trail. Summer Edition of September 2015.
2019.NIEHS Sustainability Report 2019.
2023.NIEHS Stormwater Pollution Prevention Plan.May 2023.
Research Triangle Park,Durham,North Carolina 5-1 July 2024

Final Environmental Assessment
National Institute of Environmental Health Sciences
2024. Spill Prevention Control and Countermeasures Plan.January 2024.
No date. Welcome to Discovery Lake—Nature Trail Map.
NIH(National Institutes of Health). 2012. Master Plan,Research Triangle Park,North Carolina. Revised
Final Draft.March 2012.
2023a. Discovery Lake Dam Emergency Action Plan(EAP). Revision Number: 25. October 2023.
2023b. Discovery Lake Repair Dam Inlets and Outlets Shoreline Fortification— 100%Basis of
Design.May 2023.
2023c. Preliminary Jurisdictional Determination Request,Repairs NIH Dam Inlets and Outlets,
Discovery Lake,Durham,North Carolina. June 2023.
2023d. Repairs NIH Dam Inlets and Outlets. Sheet Nos. C1.0 through C5.0. Prepared by A. Morton
Thomas and Associates,Inc. for NIH. July 2023.
NRCS (Natural Resources Conservation Service). 2024.Web Soil Survey—Durham County,North
Carolina.Accessed April 2024.
USACE(United States Army Corps of Engineers). 2022.Nationwide Permit 3—Maintenance. Effective
Date: February 25,2022/Expiration Date: March 14,2026. Authority: Sections 10 and 404.
Accessed April 2024.
USGS (United States Geological Survey). 2017. Groundwater Quality in the Piedmont and Blue Ridge
Crystalline-Rock Aquifers,Eastern United States. Fact Sheet 2017-3040. May 2017.
USFWS (United States Fish and Wildlife Service). 2019.Michaux's Sumac(Rhus michauxii) 5-year
Review: Summary and Evaluation. Southeast Region,Raleigh Ecological Field Office,
Raleigh,NC.
2021. Species Status Assessment Report for the Atlantic Pigtoe(Version 1.4). Region 4,Atlanta,
GA.
2024a. IPAC—Information for Planning and Consultation.
2024b. Tricolored Bat(Perimyotis subflavus). Environmental Conservation Online System
(ECOS). Accessed April 7,2024.
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National Institute of Environmental Health Sciences
Appendix A
Public Involvement Documentation
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National Institute of Environmental Health Sciences
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Pruiecl sea#r0-Slaw Gleauoehuus- 6126124.9:49 AM
<-Back
Control No.: 24-E-0000-0294
Project escrlp on: J DRAFT EA-Proposed project is for the rehabilitation of the
Discovery Lake Dam located in Durham County,NO.The
primary purpose of the Proposed Action is to ensure that the
Discovery Lake Dam continues to provide flood protection to
downstream properties.A secondary objective of the
Proposed Action is to stabilize shoreline areas of the lake to
prevent and minimize erosion.Collectively,the repairs and
Improvements would ensure the dam continues to operate In
a safe and effective manner.
Type of Document: I National Environmental Policy Act Environmental Assessment
Date O en: 05/23/2024
Review Close Date: 06/24/2024
�ppficant: National Institutes of Health
Contact: Mark C. Radtke
Phone: [phone] Ext: Fax Number:
Email: [e-mail]
Web Site:
County: DURHAM
AUnSMJcmanngnau:.e.ne.gavJSGHJprojeGannrrn -'aqu I al 1
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Appendix B
Proposed Action Design
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Research Triangle Park, Durham, North Carolina B-3 July 2024

Final Environmental Assessment
National Institute of Environmental Health Sciences
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Research Triangle Park,Durham,North Carolina B-4 July 2024

Final Environmental Assessment
National Institute of Environmental Health Sciences
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Research Triangle Park,Durham,North Carolina B-5 July 2024

Final Environmental Assessment
National Institute of Environmental Health Sciences
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Research Triangle Park,Durham,North Carolina B-6 July 2024

Final Environmental Assessment
National Institute of Environmental Health Sciences
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Research Triangle Park,Durham,North Carolina B-7 July 2024

Final Environmental Assessment
National Institute of Environmental Health Sciences
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Research Triangle Park,Durham,North Carolina B-8 July 2024

Final Environmental Assessment
National Institute of Environmental Health Sciences
COFFERDAM AMT
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4
Research Triangle Park,Durham,North Carolina B-9 July 2024

Final Environmental Assessment
National Institute of Environmental Health Sciences
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Research Triangle Park,Durham,North Carolina B-10 July 2024

Final Environmental Assessment
National Institute of Environmental Health Sciences
Appendix C
Agency Correspondence
Research Triangle Park,Durham,North Carolina C-1 July 2024

Final Environmental Assessment
National Institute of Environmental Health Sciences
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Research Triangle Park,Durham,North Carolina C-2 July 2024

Final Environmental Assessment
National Institute of Environmental Health Sciences
4e
3
DEPARTMENT OF HEALTH HUMAN SERVICES Public Health Service
'a
, w
National Institutes of Health
Office of Research Services
Bethesda,Maryland 20892
April 18,2024
Ramona Banos
North Carolina State Historic Preservation Office
109 E.Jones Street,2nd Floor
Raleigh,NC 27601
Dear Ms.Banos,
The National Institutes of Health(NIH)respectfully informs the North Carolina Historic
Preservation Office of our findings that there will be no historic properties effected by the
proposed Discovery Lake Dam Rehabilitation and Shoreline Stabilization project on the research
Triangle Park(RTP)Campus,Durham County,NC.
Please examine the attached project overview. We request your concurrence by May 20,2024
that there will be no historic properties effected by the proposed dam rehabilitation and shoreline
stabilization on the RTP campus,Durham County. Pursuant to the requirements of the
implementing regulations found at 36 CFR part 800,NIH seeks your assistance in identifying
historic preservation issues as they relate to the project. For any questions regarding this project,
please contact Mark Radtke at [e-mail] or at 301-451-6467.
Sincerely,
Mark C.Radtke
-S die orw.b»na
aoa
Mark Radtke
NIH NEPA Coordinator
Research Triangle Park,Durham,North Carolina C-3 July 2024

Final Environmental Assessment
National Institute of Environmental Health Sciences
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Research Triangle Park,Durham,North Carolina C-4 July 2024

Final Environmental Assessment
National Institute of Environmental Health Sciences
Project Review Checklist
April 18.2024
Submkted to the North Carolhm State historic Preservation Office
(1 m inrnnrnt.d. a
Project Name: Nscoyery l.alte Win Rehabilitation and Shoreline Stabilization(adjacent to
.National Institutes t4'11ealih.tlaster Plan for Restku- h Triangle Park.Durham County.ER 08-
1082)
Project Location
National Instittes of tlealth
111 T.W.Alexander Drivc
Research Triangle Park, NC 27709
Durham County
Dam Location:35.885629.-78.876101
Project Contact Information:
Applicant
Mari.Radtke
NEPA Coordinator
DEP ORF
National Institutes of Health
Building 13,Room 2511
Bethesda.MD 20892-1057
[phone]
rtd1ktrn2Pa marLnih.
Consultant
Audrey Brown.M.A.
North Wind Resource Consulting
2800 Sokav Rd.
Knox\illc.'I N 37931
(865)256--5382
udr r\.brom n,a north%%mdarp._um
Project Description(with site photographs)
Locatlon and Description of Project Arra
Me National Institute of Fntvironrnental Health Sciences(NIEHS)6 the National Institutes of
I ealth(NIII)center dedicated to cnviromnental health research.The main eamplu liar the
NIEHS is situated within the southern part of the Research Triangle Park(R'fl')in Ihrrham.
North Carolina(INC)(Attachment 1).The NIEIIS'research facilities are organized%%ithin a 515-
Research Triangle Park,Durham,North Carolina C-5 July 2024

Final Environmental Assessment
National Institute of Environmental Health Sciences
acre parcel of land that it shares with the U.S.Environmental Protection Agency(EPA)Offices
of Research and I)evelopnrent mid Air and Radiation.Approxirnatel% half of the land area is
undeveloped with forest lands functioning as a perimeter butler for the secured site and facilities.
The NiF.HS and EPA campuses are separated by Discovery Lake,a 37-acre manmade
impoundment constructed in 1978 for the purposes of flood control and stormwztter management.
The lake is also of value for its natural aesthetic.fish and wildlife habitat.and as a recreational
resource(e.g..fishing and jogging or walking)1'or NiP.1—I& iPA employees and their guests.
The limits of disturbance-(LOD)for the project encompass an approximately 8-acre area%%ithin
and around Discovery Lake,including some shoreline areas and a portion of the dam
embankment(see Attachment 3).The entirety of the LOD consists of previously disturbed lands
from to construction of the campus facilities,impoundment.and related amenities.
Historic Ptoper•ties
There are no historic properties(i.e..buildings,structures,districts,archaeological sites.or
designed landscape features)listed.or eligible for listing.in the National Register off-Gstoric
Places.All buildings and structures with adjacency to Discovery Lake or the project LOD were
constructed in 1986 or thereatler.Additionally,none of the current NIEHS and EPA facilities on
the site are 45 or more years old.
The Nil I pre%iousl% consulted with Four office in 2(.1)8 regarding its preparation ofa Master
Plam including deNclop►ncni plans for the NIEHS campus oriented along the western side of
Discovery Lake(adjacent to the subject project site).Attachment 2 includes the letter we
received from your office concluding the consultation for our 2008 undertaking(P ER-08-1082).
Project Description
The project would rehabilitate five aging and
• corroded corrugated metal pipes(CMPs).
map*" Collectively.these CMPs collect.control.and
regulate the release of water drn%r►stream of
Discovery Lake Min that flows into Rurdcns
Creek via an unnamed tributary.Rehabilitation
r of the CMPs would employ a method referred to
a as"sliplining"I where smaller.noncorrosive
Itipes are inserted into the corroded pipes.
Including one lake drainage pipe.two inlet
1 (upstream)piles.and two outlet(downstream)
pipes.The existing CMPs are either 60 or 36
inches in diameter.Sliplining would involve
inserting smaller(i.e..either 54 or 30 inches in
Top of Dam I acing East with Proposed diameter,respectively),high-density
Staging Area(Upper Lctl) polyethylene(1.1DPE)pipes into the aging CMPs.
S{Ipltntrtg I.a techn u caned to repute leaks car resuxe stctx oral ttaMlKy 4 gut celsttttg pipe It nnoh•cs mswllurg a Minter
our Ice pipe-into the cxtstutg logo"host pipe",grounng the atrnuLu,nice between the two ptpvm.and wahng the enth
Research Triangle Park,Durham,North Carolina C-6 July 2024

Final Environmental Assessment
National Institute of Environmental Health Sciences
The interior annular space would then be tilled++ith grout and sealed it,create a ne%% pipe++ith a
non-corrosive liner.
The project would require the temporary draw dowwn of Discovery Lake to safely rehabilitate the
low inlet entry piping situated on the lakebed on the upstream side of the dam.The lowering of
the lake would be accomplished via a partial opening of the bottom drain valve.To protect the
integrity of the upstream facing dam embankment,the drawdown rate would not exceed 6 inches
per day.Based on the estimated lake depth,this rate of drawdown would take place over
approximately 35 days.To pennit ground construction on the upstream side of the dam,some
dewatering of the lakebed via a pumping system would be required once the drawdown is
complete.
The dam rehabilitation project is further summarized below and shown in Attachment 3.
Site Preparation
• Flag clearing limits and locate property lines,rights-of-way.and utilities to be avoided.
• Install the aeration system pump on the shoreline for operation at least one week in
advance of the lake draw down.
• Install silt fence and perimeter controls(e.g..safety fence and pedestrian signage)but
maintain traffic flow over the dam.
• Conduct initial phase of fish kill(i.e..electric shock treatment).
• Use the low-level drain valve to draw down the lake 3 to 4 feet limiting to 0.5-feet per
day.
• Based on a favorable weather forecast,conduct second phase of fish kill(i.e.,rotenone
treatment)and confirm conditions are below threshold.
Dann Miabilitation—Part 1
• Start rehabilitation,including wave protection on the dam,piezometer measurements.
bridge repairs,and shoreline protection stabilisation measures in areas where erosion is
occurring.The latter includes revegetation of approximately 930 feet,installation of
riprap over approximately 1.015 feet.and installation of natural stone retaining walls over
approximately 415 feet.
• Remove debris from the principal spillway towers and upstream conduits to pump the
remaining pool.
• Install a cofferdam around the low-level drain inlet and principal inlet conduits to
facilitate slip lining.
• Remove debris from the principal spillway towers and downstream conduits and slip line
the two spillway upstream inlet conduits with high-density polyethylene(HDPE)pipes.
• install the inlet slip line from the upstream end and dewater the area around the low-level
drain to slip line the low-level drain conduit with HDPE piping.
• Install grout bulkhead on the conduit ends and grout annular space in the conduits.
• Remove the cofferdam and'or pump,and any equipment.to prepare for shoreline
restoration.
Research Triangle Park,Durham,North Carolina C-7 July 2024

Final Environmental Assessment
National Institute of Environmental Health Sciences
• Monitor the shoreline while allowing de lake to relill.Prior to the lake reaching a normal
pool.conduct the work activities noted below.
Mm Rehabilitation—Part 2
• Ikrmmolish the slab around the outlet conduits and excavate approximately 20 fact of
adjacent area.remove approximately 20 feet of the existing outlet conduits.
• Slip line the spillway downstream inlet conduits with 11101i pipes and install the outlet
slip lute from the downstream end.
• Install grout bullhead at each end of the outlet conduits and grout annular space in the
conduits between the exisling and new pipe:monitor grout pressures to ensure protection
of the dam cvnbankmcni.
• Install grained sand litter media at the end WIN:existing conduits and backlill to previous
limits.
• Cast a new,reinforced concrete slab around the new outlet conduits in the same location
as the original.
• Reinstall or replace the debris grates on the end of the outlet conduits.
• With completion of the shoreline restoration and bridge repair activities,allow the lake to
return to normal pool elevation.
• Conduct any ncressary repairs to the roadway and pedestrian path prior to site cicanup
and den obilization.
Other Components of the Proposed action
Several other components of the Proposed Action would take plwc concurrent with the main
components described above.'llmese include the following:
Shoreline erosion pwicetion measures
at various locations around the lake
perimeter.Rip rap would be installed as
an erosion control treatment in areas of
moderate erosion.Site preparation _
would include minor grading,
placement ofa gcotcxlilc fabric •
underlayment,and rip rap installation. '
Natural stone and mortar wall would he
installed at shoreline areas exhibiting X
sever:erosion.Vegetation plantings
would be installed in was of minor
erosion.Native plaits would be
selected based on thou littoral
positioning(i.e.,deep pool,shallow
water.or wa►cr's edge). Proposed Shoreline Stabilization Area
Installation of rip rap wave armor out the upstream slope of the dam embankment to minimize
wave erosion generated on the lake surface.'I'he wave armor would consist of a gwtcxtilc fabric
placed on excavated subgrade to separate the rip rap from the earthen fill
Research Triangle Park,Durham,North Carolina C-8 July 2024

Final Environmental Assessment
National Institute of Environmental Health Sciences
Repairs to Bridge No.G,part of the walking
path along the southern end of the.The bridge
abutment would be extended by installation of
a concrete retaining wall for structural support. _
The extended abutment would also help to r t�
control erosion along the streambank in this
area.
Required Permits and Approvals N
Pennits and approvals required for the project
include: -
• National Pollutant L)ischarge
Elimination System(NPDES)General
Pcrmit No.NCGO10000: Bridge No.(,Ahunncni
• Erosion and Sediment Control Plan
Approval:
• Nationwide Pcrmit 3 - Maintenance,and
• L)am Alteration Application Approval.
Research Triangle Park,Durham,North Carolina C-9 July 2024

Final Environmental
National Institute I Environmental Health
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ResearchTrianglePark,Durham, Carolina 2024

Final Environmental Assessment
National Institute of Environmental Health Sciences
Attaclunent 2 Master Plan Consultation Letter(2008)
3
North Carolina Department of Cultural Resources
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Re: twiunal Inautute of llcalttt,A4atht 1'L Fot Kcararrh"I rianFlr.Park,l�urht:n�nuntV.TR 08•IOA:
ryear ats.Nnttinp)sara
Thank you fur your k•Ker of Altrtl 2'd,AM,ccru mi ug die alxrtre pr)jec*
We F,r+:mmi,;elm a mi-wew of the proposed undertnldag and are nworc of nu hiatcttir:re,courcea that would be
aff"wd by the ptr lctt 'I'lu:*cl'nrr,wr bave tin the undettakirsg as propwcd.
The kboee commi rt%art!made.pursuant to Section 106 of the National Flistotic;rerengwn Act and dw
Advi.vtty Gsuuuil uit Htstotie Pwrervzdoti r Rquiations for Cumpbanrc mlth S-viirm I(Y,endirwO at 16 F:17R
pact 900.
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rintunurecation concercmg this project p1we cite the above referenced sacking number,
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Research Triangle Park,Durham,North Carolina C-11 July 2024

Final Environmental Assessment
National Institute of Environmental Health Sciences
Attachment 3—Proposed Action
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Research Triangle Park,Durham,North Carolina C-12 July 2024

�ENt Ot nfuf►N u,W i
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United States Department of the Interior
FISH AND WILDLIFE SERVICE
4j4Rc"' �w> Raleigh Ecological Services Field Office
3916 Sunset Ridge Rd
Raleigh,NC 27607-3726
Phone: [phone] Fax: [phone]
In Reply Refer To: March 04, 2024
Project Code: 2024-0057290
Project Name: Discovery Lake Dam Rehabilitation
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed, and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The species list fulfills the
requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended(16 U.S.C. 1531 et seq.).
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the IPaC website at regular intervals during project planning and
implementation for updates to species lists and information.An updated list may be requested
through IPaC by completing the same process used to receive the enclosed list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts)that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act(42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a biological

Project code: 2024-0057290 03/04/2024
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at: https://www.fws.gov/sites/default/files/documents/
endangered-species-consultation-handbook.pdf
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act(ESA), there are additional responsibilities under the
Migratory Bird Treaty Act(MBTA) and the Bald and Golden Eagle Protection Act(BGEPA)to
protect native birds from project-related impacts.Any activity, intentional or unintentional,
resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by
the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more
information regarding these Acts, see Migratory Bird Permit I What We Do I U.S. Fish &Wildlife
Service (fws.gov).
The MBTA has no provision for allowing take of migratory birds that may be unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project-related stressors or minimize the exposure of birds and
their resources to the project-related stressors. For more information on avian stressors and
recommended conservation measures, see https://www.fws.gov/library/collections/threats-birds.
In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies
to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities
that might affect migratory birds, to minimize those effects and encourage conservation measures
that will improve bird populations. Executive Order 13186 provides for the protection of both
migratory birds and migratory bird habitat. For information regarding the implementation of
Executive Order 13186, please visit https://www.fws.goy/partner/council-conservation-
migratory-birds.
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Code in the header of
this letter with any request for consultation or correspondence about your project that you submit
to our office.
Attachment(s):
■ Official Species List
2 of 7

Project code: 2024-0057290 03/04/2024
OFFICIAL SPECIES LIST
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
3916 Sunset Ridge Rd
Raleigh, NC 27607-3726
[phone]
3 of 7

Project code: 2024-0057290 03/04/2024
PROJECT SUMMARY
Project Code: 2024-0057290
Project Name: Discovery Lake Dam Rehabilitation
Project Type: Dam - Maintenance/Modification
Project Description: Rehabilitate the dam by sliplining 5 pipes that constitute the primary
spillway system. Stabilize eroding lakeshore areas using vegetation(-930
feet), riprap (-1,015 feet) or natural stone retaining wall (-415 feet)
depending on severity of erosion. The project would require draining the
lake. Fish would be electroshocked/removed, and remaining fish would be
killed/removed using Rotenone.
Project Location:
The approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/035.88277385,-78.87766624425619,14z
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Counties: Durham County, North Carolina
4 of 7

Project code: 2024-0057290 03/04/2024
ENDANGERED SPECIES ACT SPECIES
There is a total of 5 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheries1, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
MAMMALS
NAME STATUS
Tricolored Bat Perimyotis sub flavus Proposed
No critical habitat has been designated for this species. Endangered
Species profile:httpss://ecos.fws.gov/ecp/species/10515
CLAMS
NAME STATUS
Atlantic Pigtoe Fusconaia masoni Threatened
There is final critical habitat for this species.Your location does not overlap the critical habitat.
Species profile:https:Hecos.fws.gov/ecp/species/5164
INSECTS
NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
No critical habitat has been designated for this species.
Species profile:https:Hecos.fws.gov/ecp/species/9743
5 of 7

Project code: 2024-0057290 03/04/2024
FLOWERING PLANTS
NAME STATUS
Michaux's Sumac Rhus michauxii Endangered
No critical habitat has been designated for this species.
Species profile:https:Hecos.fws.gov/ecp/species/5217
Smooth Coneflower Echinacea laevigata Threatened
No critical habitat has been designated for this species.
Species profile:https:Hecos.fws.gov/ecp/species/3473
CRITICAL HABITATS
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S)MAY HAVE EFFECTS ON ALL
ABOVE LISTED SPECIES.
6 of 7

Project code: 2024-0057290 03/04/2024
IPAC USER CONTACT INFORMATION
Agency: Private Entity
Name: Tony Ruhlman
Address: 777 Lowndes Hill Rd
Address Line 2: Building 3, Suite 301
City: Greenville
State: SC
Zip: 29607
Email [e-mail]
Phone: [phone]
LEAD AGENCY CONTACT INFORMATION
Lead Agency: National Institutes of Health
7 of 7

Control No.: 24-E-0000-0294 Date Received: 5/23/2024
County.: DURHAM Agency Response: 6/24/2024
Review Closed: 6/24/2024
LYN BILES
CLEARINGHOUSE COORDINATOR
DEPT OF ENVIRONMENTAL QUALITY
Project Information
Type: National Environmental Policy Act ironmental Assessment
Applicant: National Institutes of Health
Project Desc.: DRAFT EA- Proposed project is for the rehabilitation of the Discovery Lake Dam located in
Durham County, NC. The primary purpose of the Proposed Action is to ensure that the
Discovery Lake Dam continues to provide flood protection to downstream properties. A
secondary objective of the Proposed Action is to stabilize shoreline areas of the lake to
prevent and minimize erosion. Collectively, the repairs and improvements would ensure the
dam continues to operate in a safe and effective manner.
As a result of this review the following is submitted:
❑No Comment ❑Comments Below ❑� Documents Attached
Reviewed By: LYN BILES Date: 6/23/2024

Control No.: 24-E-0000-0294 Date Received: 5/23/2024
County.: DURHAM Agency Response: 6/24/2024
Review Closed: 6/24/2024
JINTAO WEN
CLEARINGHOUSE COORDINATOR
DPS - DIV OF EMERGENCY MANAGEMENT
Project Information
Type: National Environmental Policy Act ironmental Assessment
Applicant: National Institutes of Health
Project Desc.: DRAFT EA- Proposed project is for the rehabilitation of the Discovery Lake Dam located in
Durham County, NC. The primary purpose of the Proposed Action is to ensure that the
Discovery Lake Dam continues to provide flood protection to downstream properties. A
secondary objective of the Proposed Action is to stabilize shoreline areas of the lake to
prevent and minimize erosion. Collectively, the repairs and improvements would ensure the
dam continues to operate in a safe and effective manner.
As a result of this review the following is submitted:
❑✓ No Comment ❑Comments Below ❑Documents Attached
Reviewed By: JINTAO WEN Date: 6/17/2024

Control No.: 24-E-0000-0294 Date Received: 5/23/2024
County.: DURHAM Agency Response: 6/24/2024
Review Closed: 6/24/2024
DEVON BORGARDT
CLEARINGHOUSE COORDINATOR
DEPT OF NATURAL& CULTURAL
RESOURCE
Project Information
Type: National Environmental Policy Act ironmental Assessment
Applicant: National Institutes of Health
Project Desc.: DRAFT EA- Proposed project is for the rehabilitation of the Discovery Lake Dam located in
Durham County, NC. The primary purpose of the Proposed Action is to ensure that the
Discovery Lake Dam continues to provide flood protection to downstream properties. A
secondary objective of the Proposed Action is to stabilize shoreline areas of the lake to
prevent and minimize erosion. Collectively, the repairs and improvements would ensure the
dam continues to operate in a safe and effective manner.
As a result of this review the following is submitted:
❑No Comment ❑Comments Below ❑✓ Documents Attached
Reviewed By: DEVON BORGARDT Date: 6/17/2024

Control No.: 24-E-0000-0294 Date Received: 5/23/2024
County.: DURHAM Agency Response: 6/24/2024
Review Closed: 6/24/2024
JESSICA MOSLEY
CLEARINGHOUSE COORDINATOR
DEPT OF TRANSPORTATION
Project Information
Type: National Environmental Policy Act ironmental Assessment
Applicant: National Institutes of Health
Project Desc.: DRAFT EA- Proposed project is for the rehabilitation of the Discovery Lake Dam located in
Durham County, NC. The primary purpose of the Proposed Action is to ensure that the
Discovery Lake Dam continues to provide flood protection to downstream properties. A
secondary objective of the Proposed Action is to stabilize shoreline areas of the lake to
prevent and minimize erosion. Collectively, the repairs and improvements would ensure the
dam continues to operate in a safe and effective manner.
As a result of this review the following is submitted:
❑✓ No Comment ❑Comments Below ❑Documents Attached
Reviewed By: JESSICA MOSLEY Date: 6/19/2024

Control No.: 24-E-0000-0294 Date Received: 5/23/2024
County.: DURHAM Agency Response: 6/24/2024
Review Closed: 6/24/2024
DIANNE FARRER
CLEARINGHOUSE COORDINATOR
DEPT OF AGRICULTURE
Project Information
Type: National Environmental Policy Act ironmental Assessment
Applicant: National Institutes of Health
Project Desc.: DRAFT EA- Proposed project is for the rehabilitation of the Discovery Lake Dam located in
Durham County, NC. The primary purpose of the Proposed Action is to ensure that the
Discovery Lake Dam continues to provide flood protection to downstream properties. A
secondary objective of the Proposed Action is to stabilize shoreline areas of the lake to
prevent and minimize erosion. Collectively, the repairs and improvements would ensure the
dam continues to operate in a safe and effective manner.
As a result of this review the following is submitted:
❑✓ No Comment ❑Comments Below ❑Documents Attached
Reviewed By: DIANNE FARRER Date: 6/6/2024

Control No.: 24-E-0000-0294 Date Received: 5/23/2024
County.: DURHAM Agency Response: 6/24/2024
Review Closed: 6/24/2024
LAUREN SCHLOSSER
CLEARINGHOUSE COORDINATOR
DNCR- NATURAL HERITAGE PROGRAM
Project Information
Type: National Environmental Policy Act ironmental Assessment
Applicant: National Institutes of Health
Project Desc.: DRAFT EA- Proposed project is for the rehabilitation of the Discovery Lake Dam located in
Durham County, NC. The primary purpose of the Proposed Action is to ensure that the
Discovery Lake Dam continues to provide flood protection to downstream properties. A
secondary objective of the Proposed Action is to stabilize shoreline areas of the lake to
prevent and minimize erosion. Collectively, the repairs and improvements would ensure the
dam continues to operate in a safe and effective manner.
As a result of this review the following is submitted:
❑✓ No Comment ❑Comments Below ❑� Documents Attached
Reviewed By: LAUREN SCHLOSSER Date: 6/24/2024

NC*DOA
Department of Administration
Roy Cooper Pamela B. Cashwell
Governor Secretary
June 25, 2024
Mark C. Radtke
National Institutes of Health
9000 Rockville Pike, BIdg13, Room 2S11
Bldg13, Room 2S11
Bethesda, MD 20892-
Re: SCH File#24-E-0000-0294 DRAFT EA- Proposed project is for the rehabilitation of the Discovery Lake
Dam located in Durham County, NC.The primary purpose of the Proposed Action is to ensure that the
Discovery Lake Dam continues to provide flood protection to downstream properties.A secondary
objective of the Proposed Acti
Dear Mark C. Radtke:
The above referenced environmental impact information has been submitted to the State Clearinghouse under the
provisions of the National Environmental Policy Act. According to G.S. 113A-10,when a state agency is required to
prepare an environmental document under the provisions of federal law, the environmental document meets the
provisions of the State Environmental Policy Act.
Attached to this letter are comments made by the agencies in the review of this document. If any further
environmental review documents are prepared for this project,they should be forwarded to this office for
intergovernmental review.
If you have any questions, please do not hesitate to contact me at [phone].
Sincerely,
KADISHA MOLYNEAUX
State Environmental Review Clearinghouse
Attachments
Mailingr i"` Location
1301 Mail Service Center I Raleigh, NC 27699-1301 } 116 West Jones St. I Raleigh NC 27603
984-236-0000 T
ncadmin.nc.gov

ROY COOPER NORTH CAROLINA
Governor Environmental Quality
ELIZABETH S. BISER
Secretary
To: Kadisha Molyneaux
State Clearinghouse
NC Department of Administration
From: Lyn Biles
Division of Environmental Assistance and Customer Service
Re: 24-0294
DRAFT Environmental Assessment- Proposed project is for the
rehabilitation of the Discovery Lake Dam. The primary purpose of the
Proposed Action is to ensure that the Dam continues to provide flood
protection to downstream properties, and to stabilize shoreline areas of
the lake to prevent and minimize erosion.
Durham County
Date: June 23, 2024
The Department of Environment Quality has reviewed the proposal for the project mentioned.
After analyzing the information provided, our agencies have identified several permits that may be
required and offered valuable guidance.You'll find the comments attached for your review.
We are always available to assist the applicant with any specific doubts or concerns related to the
permits and recommendations.
We sincerely appreciate your time and consideration in reviewing our response to the project
proposal.
Attachments
D E QJ� North Carolina Department of Environmental Quality
217 West Jones Street 11601 Mail Service Center I Raleigh.North Carolina 27699-1601
919.707.8600

State of North Carolina Department of Environmental Quality
INTERGOVERNMENTAL REVIEW PROJECT COMMENTS
Reviewing Regional Office: Raleigh
Project Number: 24-0294 Due Date:06/18/2024
County: Durham
After review of this project,it has been determined that the DEQ permit(s)and/or approvals indicated may need to be obtained for this project to
comply with North Carolina Law.Questions regarding these permits should be addressed to the Regional Office indicated on the reverse of the
form.All applications,information and guidelines relative to these plans and permits are available from the same Regional Office.
Normal Process
PERMITS SPECIAL APPLICATION PROCEDURES or REQUIREMENTS Time
(Statutory time
limit)
Permit to construct&operate wastewater Application 90 days before begins construction or award of
treatment facilities,non-standard sewer system 30 days
❑ extensions&sewer systems that do not construction contracts.On-site inspection may be required.Post- (90 days)
discharge into state surface waters. application technical conference usual.
Permit to construct&operate,sewer
extensions involving gravity sewers,pump Fast-Track Permitting program consists of the submittal of an 30 days
❑ stations and force mains discharging into a application and an engineer's certification that the project meets all (N/A)
sewer collection applicable State rules and Division Minimum Design Criteria.
system
NPDES-permit to discharge into surface water Application 180 days before begins activity.On-site inspection.Pre-
and/or permit to operate and construct application conference usual.Additionally,obtain permit to construct 90-120 days
wastewater facilities discharging into state wastewater treatment facility granted after NPDES.Reply time,30 days (N/A)
surface waters. after receipt of plans or issue of NPDES permit-whichever is later.
❑ Water Use Permit Pre-application technical conference usually necessary. 30 days
(N/A)
Complete application must be received,and permit issued prior to the
❑ Well Construction Permit installation of a groundwater monitoring well located on property not 7 days
owned by the applicant,and for a large capacity(>100,000 gallons per (15 days)
day)water supply well.
Application copy must be served on each adjacent riparian property
❑ Dredge and Fill Permit owner.On-site inspection.Pre-application conference usual.Filling may 55 days
require Easement to Fill from N.C.Department of Administration and (90 days)
Federal Dredge and Fill Permit.
Permit to construct&operate Air Pollution Application must be submitted,and permit received prior to
❑
construction and operation of the source. If a permit is required Abatement facilities and/or Emission Sources as in an area without local zoning,then there are additional 90 days
per 15 A NCAC(2Q.0100 thru 2Q.0300) requirements and timelines(2Q.0113).
Any open burning associated with subject
El proposal must be in compliance with 15 A NCAC N/A 60 days
(90 days)
2D.1900
Demolition or renovations of structures Please Note-The Health Hazards Control Unit(HHCU)of the N.C.
containing asbestos material must be in Department of Health and Human Services,must be notified of plans to
❑ compliance with 15 A NCAC 20.1110(a)(1) demolish a building,including residences for commercial or industrial 60 days
which requires notification and removal prior to expansion,even if no asbestos is present in the building. (90 days)
demolition.Contact Asbestos Control Group
919-707-5950
The Sedimentation Pollution Control Act of 1973 must be properly addressed for any land disturbing activity.An erosion&
sedimentation control plan will be required if one or more acres are to be disturbed.Plan must be filed with and approved 20 days
® by applicable Regional Office(Land Quality Section)at least 30 days before beginning activity. A NPDES Construction (30 days)
Stormwater permit(NCG010000)is also usually issued should design features meet minimum requirements. A fee of
$100 for the first acre or any part of an acre. An express review option is available with additional fees.
Sedimentation and erosion control must be addressed in accordance with NCDOT's approved program. Particular (30 days)
❑ attention should be given to design and installation of appropriate perimeter sediment trapping devices as well as stable
Stormwater conveyances and outlets.
Sedimentation and erosion control must be addressed in accordance with Local Government's approved program.
Based on Local
❑ Particular attention should be given to design and installation of appropriate perimeter sediment trapping devices as well
as stable Stormwater conveyances and outlets. Program
❑ Compliance with 15A NCAC 04B.0125—Buffers Zones for Trout Waters shall have an undisturbed buffer zone 25 feet wide or of sufficient width
to confine visible siltation within the twenty-five percent(25%)of the buffer zone nearest the land-disturbing activity,whichever is greater.
® Compliance with 15A NCAC 2H.0126-NPDES Stormwater Program which regulates three types of activities:Industrial, 30-60 days
Municipal Separate Storm Sewer System&Construction activities that disturb>_1 acre. (90 days)
Compliance with 15A NCAC 2H 1000-State Stormwater Permitting Programs regulate site development and post- 45 days
❑ construction stormwater runoff control. Areas subject to these permit programs include all 20 coastal counties,and (90 days)
various other counties and watersheds throughout the state.
DEQ INTERGOVERNMENTAL REVIEW PROJECT Form Page 1 of 3
April 4,2022/lbh

State of North Carolina Department of Environmental Quality
INTERGOVERNMENTAL REVIEW PROJECT COMMENTS
Reviewing Regional Office: Raleigh
Project Number: 24-0294 Due Date:06/18/2024
County: Durham
Normal Process
PERMITS SPECIAL APPLICATION PROCEDURES or REQUIREMENTS Time
(Statutory time
limit)
On-site inspection usual.Surety bond filed with DEQ Bond amount
❑ Mining Permit
varies with type mine and number of acres of affected land.Affected 30 days
area greater than one acre must be permitted.The appropriate bond (60 days)
must be received before the permit can be issued.
If permit required,application 60 days before begin construction.
Applicant must hire N.C.qualified engineer to prepare plans,inspect
construction,and certify construction is according to DEQ approved
® Dam Safety Permit plans.May also require a permit under mosquito control program.And 30 days
a 404 permit from Corps of Engineers.An inspection of site is necessary (60 days)
to verify Hazard Classification. A minimum fee of$200.00 must
accompany the application.An additional processing fee based on a
percentage,or the total project cost will be required upon completion.
❑ Oil Refining Facilities N/A 90-120 days
(N/A)
File surety bond of$5,000 with DEQ running to State of NC conditional 10 days
❑ Permit to drill exploratory oil or gas well that any well opened by drill operator shall,upon abandonment,be N/A
plugged according to DEQ rules and regulations.
❑ Geophysical Exploration Permit Application filed with DEQ at least 10 days prior to issue of permit. 10 days
Application by letter.No standard application forms. N/A
Application fee based on structure size is charged.Must include 15-20 days
❑ State Lakes Construction Permit descriptions&drawings of structure&proof of ownership of riparian N/A
property
Compliance with the T15A 02H.0500 Certifications are required 60 days
® 401 Water Quality Certification whenever construction or operation of facilities will result in a (130 days)
discharge into navigable water as described in 33 CFR part 323.
Compliance with Catawba,Goose Creek,Jordan Lake,Randleman,Tar Pamlico or Neuse Riparian Buffer Rules is required.Buffer requirements:
® http://deg.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/401-wetlands-buffer-permits/401-riparian-
buffer-protection-program
Nutrient Offset:Loading requirements for nitrogen and phosphorus in the Neuse and Tar-Pamlico River basins,and in the Jordan and Falls Lake
❑ watersheds,as part of the nutrient-management strategies in these areas. DWR nutrient offset information:
http://deg.nc.gov/about/divisions/water-resources/planning/nonpoint-source-management/nutrient-offset-information
❑ CAMA Permit for MAJOR development $250.00-$475.00 fee must accompany application 75 days
(150 days)
❑ CAMA Permit for MINOR development $100.00 fee must accompany application 22 days
(25 days)
❑ Abandonment of any wells,if required must be in accordance with Title 15A.Subchapter 2C.0100.
❑ Notification of the proper regional office is requested if"orphan"underground storage tanks(USTS)are discovered during any excavation
operation.
Plans and specifications for the construction,expansion,or alteration of a public water system must be approved by the
Division of Water Resources/Public Water Supply Section prior to the award of a contract or the initiation of construction
® as per 15A NCAC 18C.0300 et.seq.,Plans and specifications should be submitted to 1634 Mail Service Center,Raleigh, 30 days
North Carolina 27699-1634. All public water supply systems must comply with state and federal drinking water monitoring
requirements.For more information,contact the Public Water Supply Section,[phone].
If existing water lines will be relocated during the construction,plans for the water line relocation must be submitted to
® the Division of Water Resources/Public Water Supply Section at 1634 Mail Service Center,Raleigh,North Carolina 27699- 30 days
1634.For more information,contact the Public Water Supply Section,[phone].
Plans and specifications for the construction,expansion,or alteration of the water system must be approved through the delegated
❑ plan approval authority. Please contact them at for further information.
DEQ INTERGOVERNMENTAL REVIEW PROJECT Form Page 2 of 3
April 4,2022/lbh

State of North Carolina Department of Environmental Quality
INTERGOVERNMENTAL REVIEW PROJECT COMMENTS
Reviewing Regional Office: Raleigh
Project Number: 24-0294 Due Date:06/18/2024
County: Durham
Other Comments(attach additional pages as necessary, being certain to comment authority)
Division Initials No Comments Date
comment Review
DAQ ❑
DWR-WQROS &ZT ❑ &See checked boxes above-401 Certification and Buffer
(Aquifer&Surface) Authorization required for proposed impacts.
DWR-PWS TP ❑ See checked boxes above. 6/11/2024
DEMLR(LQ&SW) CA ❑ See checked boxes above. 6/17/2024
DWM—UST MRP ® 6/10/2024
Other Comments ❑ / /
REGIONAL OFFICES
Questions regarding these permits should be addressed to the Regional Office marked below.
❑ Asheville Regional Office ❑ Fayetteville Regional Office ❑ Mooresville Regional Office
2090 U.S.70 Highway 225 Green Street,Suite 714, 610 East Center Avenue,Suite 301,
Swannanoa, NC 28778-8211 Fayetteville,NC 28301-5043 Mooresville,NC 28115
Phone:[phone] Phone:[phone] Phone:[phone]
Fax:[phone] Fax:[phone] Fax:[phone]
® Raleigh Regional Office ❑ Washington Regional Office ❑ Wilmington Regional Office
3800 Barrett Drive, 943 Washington Square Mall, 127 Cardinal Drive Ext.,
Raleigh,NC 27609 Washington, NC 27889 Wilmington,NC 28405
Phone:[phone] Phone:[phone] Phone:[phone]
Fax:[phone] Fax:[phone] Fax:[phone]
❑ Winston-Salem Regional Office
450 Hanes Mill Road,Suite 300,
Winston-Salem,NC 27105
Phone:[phone]
Fax:[phone]
DEQ INTERGOVERNMENTAL REVIEW PROJECT Form Page 3 of 3
April 4,2022/lbh

�STATE
nr
ROY COOPER
Governor t
ELIZABETH S.BISER `\wR��
Secretary �wN+y1tl`°
MICHAEL SCOTT NORTH CAROLINA
Director Environmental Quality
MEMORANDUM
TO: Michael Scott, Division Director through Sharon Brinkley
FROM: Amanda Thompson, Environmental Senior Specialist—Solid Waste Section
DATE: June 4, 2024
SUBJECT: Review: SW 24-0294—Durham County (DRAFT EA—National Institute of Health—
Proposed project is for the rehabilitation of the Discovery Lake Dam to ensure that the dam
continues to provide flood protection. A secondary objective is to stabilize shoreline areas of the
lake to prevent and minimize erosion.)
The Division of Waste Management, Solid Waste Section (Section) has reviewed the documents
submitted for the subject project in Durham County, NC. Based on the information provided in
this document, the Section at this time does not see an adverse impact on the surrounding
communities and likewise knows of no additional situations in the communities which would
affect this project.
For any planned or proposed projects,it is recommended that during any land clearing,demolition,
and construction, the National Institute of Health and/or its contractors would make every feasible
effort to minimize the generation of waste,to recycle materials for which viable markets exist, and
to use recycled products and materials in the development of this project where suitable. Any
waste encountered during or generated by and of the project that cannot be beneficially
reused or recycled as described,may require disposal of at a solid waste management facility
permitted by the Division. The Section strongly recommends that the National Institute of
Health require all contractors to provide proof of proper disposal for all generated waste to
permitted facilities.
Permitted solid waste management facilities are listed on the Division of Waste Management,
Solid Waste Section portal site at: h!tps:Hdeq.nc.gov/about/divisions/waste-management/waste-
management-rules-data/solid-waste-management-annual-reports/solid-waste-permitted-facility-
list
And the site locator tool at:
https://ncdenr.maps.arc gis.com/apps/webappviewer/index.html?id=7dd59be275Ob4Obebebfa49fc
383f688
Questions regarding solid waste management for this project should be directed to Mr. Tim Davis,
Environmental Senior Specialist, Solid Waste Section, at(919) 707-8290.
cc: Tim Davis, Environmental Senior Specialist
QEQ�� North Carolina Department of Environmental Quality I Division of Waste Management
Fayetteville Regional Office 1 225 Green Street,Suite 714 1 Fayetteville,North Carolina 28301
•a tin I;;.I 'L10
910.433.3300

. ATEaI�(OOP
ROY COOPER
Governor
ELIZABETH S. BISER ` ^-Lao* a2
Secretary *`$IUIA+
MICHAEL SCOTT NORTH CAROLINA
Director Environmental Quality
Date: May 30, 2024
To: Michael Scott, Director
Division of Waste Management
Through: Janet Macdonald
Inactive Hazardous Sites Branch
From: Katie C Tatum
Inactive Hazardous Sites Branch
Subject: NEPA Project# 24-0294 National Institutes of Health, Durham County, North Carolina
The Superfund Section has reviewed the proximity of sites under its jurisdiction to the National Institutes
of Health project. The proposed project is for the rehabilitation of the Discovery Lake Dam located in Durham
County, NC. The primary purpose of the Proposed Action is to ensure that the Discovery Lake Dam continues
to provide flood protection to downstream properties. A secondary objective of the Proposed Action is to
stabilize shoreline areas of the lake to prevent and minimize erosion. Collectively, the repairs and
improvements would ensure the dam continues to operate in a safe and effective manner.
One (1) Superfund Section sites and two (2) Brownfields Program Sites were identified within one mile
of the project as shown on the attached report. The Superfund Section recommends that site files be
reviewed to ensure that appropriate precautions are incorporated into any construction activities that
encounter potentially contaminated soil or groundwater. Superfund Section files can be viewed at:
http://deg.nc.gov/waste-management-laserfiche.
Please contact Janet Macdonald at 919.707.8349 if you have any questions concerning the
Superfund Section review portion of this SEPA/NEPA inquiry.
D_E QNorth Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street 1 1646 Mail Service Center I Raleigh.North Carolina 27699-1646
o�u�nm.,m m e�,omm�i o.,nry 919.707.8200

5/30/24, 1:41 PM abouttlank
reP., Superfund & Brownfield Sites SEPANEPA Review Report
Area of Interest (AOI) Information Durham County NEPA project 24-0294
Area : 2,966.17 acres
May 30 2024 13:40:33 Eastern Daylight Time
O
J*
J
•a^ HOPun RO i -
Nn
1:36,112
0 033 o H 1.3 mi
Inactive Hazardous Sites , , , , I , , ,
INC Brownfields Location—View o 05 i i km
Recorded T d Cm C-y 0 W—,S—0 1-th C-11 COT,B1,
No Further Interest HERE,G—n,INCREMENT P.USCS,——,USDA
DryCleaning Contaminated
abouttlank 1/2

5/30/24, 1:41 PM about:blank
Superfund and Brownfield Sites
Durham County NEPA project 24-0294
Summary
Name Count Area(acres) Length(mi)
Certified DSCA Sites 0 N/A N/A
Federal Remediation Branch Sites 0 N/A N/A
Inactive Hazardous Sites 1 N/A N/A
Pre-Regulatory Landfill Sites 0 N/A N/A
Brownfields Program Sites 2 N/A N/A
Inactive Hazardous Sites
# I EPAID SITENAME Count
1 NCD986215465 JMC USA INC 1
Brownfields Program Sites
# I BF—ID BF—Name Count
1 2000716032 RTP 8(RN) 1
2 1901715032 NZRTP Cardinal (RN) 1
about:blank 2/2

Department of Environmental Quality
Project Review
Project Number: 24-0294 County: Durham Date Received: 5-23-2024
Due Date: 6-18-2024
DRAFT Environmental Assessment - Proposed project is for the rehabilitation of the
Project Description: Discovery Lake Dam located in Durham County, NC. The primary purpose of the Proposed
Action is to ensure that the Discovery Lake Dam continues to provide flood protection to
downstream properties. A secondary objective of the Proposed Action is to stabilize
shoreline areas of the lake to prevent and minimize erosion. Collectively, the repairs and
improvements would ensure the dam continues to operate in a safe and effective manner.
This Project is being reviewed as indicated below:
Regional Office Regional Office Area In-House Review
Asheville Fv—,] Air Air Quality 1:1Coastal Management
Fayetteville WeI DWR F%--,]Waste Mgmt Marine Fisheries
Mooresville F%--,I DWR-Public Water Water Resources Mgmt (Public CC&PS Div. of
Water,Planning&Water Emergency Mgmt
WelRaleigh DEMLR(LQ&SW) Quality Program)
DMF-Shellfish Sanitation
Washington F--fI DWM DWR-Trans ortation Unit ✓�
p Wildlife Gabriela
Wilmington
Wildlife/DO
Winston Salem
Manager Sign-Off/Region: Date: In-House Reviewer/Agency:
6/17/24 Melodi Deaver,DWM Hazardous Waste
Response(check all applicable)
X
No objection to project as proposed. No Comment
Insufficient information to complete review Other(specify or attach comments)

Department of Environmental Quality
Project Review
Project Number: 24-0294 County: Durham Date Received: 5-23-2024
Due Date: 6-18-2024
DRAFT Environmental Assessment - Proposed project is for the rehabilitation of the
Project Description: Discovery Lake Dam located in Durham County, NC. The primary purpose of the Proposed
Action is to ensure that the Discovery Lake Dam continues to provide flood protection to
downstream properties. A secondary objective of the Proposed Action is to stabilize
shoreline areas of the lake to prevent and minimize erosion. Collectively, the repairs and
improvements would ensure the dam continues to operate in a safe and effective manner.
This Project is being reviewed as indicated below:
Regional Office Regional Office Area In-House Review
Asheville Fv—,] Air Air Quality 1:1Coastal Management
Fayetteville WeI DWR F%--,]Waste Mgmt Marine Fisheries
Mooresville F%--,I DWR-Public Water Water Resources Mgmt (Public CC&PS Div. of
Water,Planning&Water Emergency Mgmt
WelRaleigh DEMLR(LQ&SW) Quality Program)
DMF-Shellfish Sanitation
Washington F--fI DWM DWR-Trans ortation Unit ✓�
p Wildlife Gabriela
Wilmington
Wildlife/DO
Winston Salem
Manager Sign-Off/Region: Date: In-House Reviewer/Agency:
6/13/2024 DWR/WRM David Wainwright
Response(check all applicable)
No objection to project as proposed. X No Comment
Insufficient information to complete review Other(specify or attach comments)

Department of Environmental Quality
Project Review
Project Number: 24-0294 County: Durham Date Received: 5-23-2024
Due Date: 6-18-2024
DRAFT Environmental Assessment - Proposed project is for the rehabilitation of the
Project Description: Discovery Lake Dam located in Durham County, NC. The primary purpose of the Proposed
Action is to ensure that the Discovery Lake Dam continues to provide flood protection to
downstream properties. A secondary objective of the Proposed Action is to stabilize
shoreline areas of the lake to prevent and minimize erosion. Collectively, the repairs and
improvements would ensure the dam continues to operate in a safe and effective manner.
This Project is being reviewed as indicated below:
Regional Office Regional Office Area In-House Review
Asheville Fv—,] Air Air Quality 1:1Coastal Management
Fayetteville WeI DWR F%--,]Waste Mgmt Marine Fisheries
Mooresville F%--,I DWR-Public Water Water Resources Mgmt (Public CC&PS Div. of
Water,Planning&Water Emergency Mgmt
WelRaleigh DEMLR(LQ&SW) Quality Program)
DMF-Shellfish Sanitation
Washington F--fI DWM DWR-Trans ortation Unit ✓�
p Wildlife Gabriela
Wilmington
Wildlife/DO
Winston Salem
Manager Sign-Off/Region: Date: In-House Reviewer/Agency:
Gabriela Garrison/NCWRC
Response(check all applicable)
No objection to project as proposed. X No Comment
Insufficient information to complete review Other(specify or attach comments)

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M.Bartos,Administrator
Governor Roy Cooper Office of Archives and History
Secretary D.Reid Wilson Deputy Secretary,Darin J.Waters,Ph.D.
June 17, 2024
MEMORANDUM
TO: Kadisha Molyneaux kadisha.mol. n�kdoa.nc.gov
North Carolina State Clearinghouse
Department of Administration
FROM: Ramona M. Bartos, Deputy
State Historic Preservation Officer °'
SUBJECT: Rehabilitate Discovery Lake Dam and stabilize shoreline,National Institutes of Health, I I I
T.W. Alexander Drive, Research Triangle Park, Durham County, SCH#24-E-0000-0294,
ER 24-1163
Thank you for your email of May 23, 2024, concerning the above project.
We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill-Earley, environmental review coordinator, at 919-814-6579 or
environmental.review(kdncr.nc.gov. In all future communication concerning this project, please cite the
above referenced tracking number.
Location:109 East Jones Street,Raleigh NC 27601 Mailing Address:4617 Mail Service Center,Raleigh NC 27699-4617 Telephone/Fax:[phone]-6898

Thursday, July 11, 2024 at 10:04:55 Eastern Daylight Time
Subject: FW: DWR#20240314-Repair NIH Dam Inlets and Outlets 111 TW Alexander Dr-Request for Additional
Information
Date: Thursday,June 27,2024 at 12:14:47 PM Eastern Daylight Time
From: Farrell,John
To: Thomas D'Amico
CC: Krisnitski, David
Attachments: image001.png
CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Tom, below is the correspondence from NC DEQ stating the NEPA document is needed for permit
approval.
Thanks,
John Farrell, AICP, CEP
Associate
Group Leader I Environmental Services
Direct 804-956-4601 Cell 804-335-5603 Corporate 800-881-2545
From: Thomas, Zachary T<[e-mail]>
Sent: Tuesday, June 4, 2024 4:02 PM
To: Farrell,John <[e-mail]>
Cc: Tillery, Julia A CIV (USA) <[e-mail]>
Subject: DWR#20240314 - Repair NIH Dam Inlets and Outlets 111 TW Alexander Dr- Request for
Additional Information
CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless
you verify that the attachment and content are safe.
Hi John,
I have completed my review of the Repair NIH Dam Inlets and Outlets 111 TW Alexander Dr Project
Application (DWR#20240314) and I need additional information to continue. Please provide a response
to the below items within 30 days. Please be advised that this application will be considered incomplete
and on hold until a response is received.
• Buffer Impacts:
1. While shoreline stabilization buffer impacts fall under the table of uses as allowable, the
most recently submitted PCN has impact quantities listed as 0 square feet.
■ Please update the buffer impact table (Section 6b-6g) to reflect the buffer totals for
Shoreline Stabilization:XX SF temporary&XX SF permanent. Please also indicate for
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the type of stabilization (wall vs riprap vs vegetation).
2. Your project also proposes the need for access through the buffer area to perform the
necessary work for stabilization. Typically, this activity can fit under temporary roads in the
table of uses [15A NCAC 02B .0267 (9)]. Please indicate the total square footage proposed
for access disturbance.
■ For amounts below 2500 SF, it is considered exempt, and does not require
authorization as part of the letter.
■ For amounts greater than 2500 SF, it is considered allowable, and I will need to
include these impacts as part of the letter.
• Wetland Impacts:
1. Permanent impact totals to wetlands are described in your PCN as 0.447 acres. You also
indicate in Section E2 that mitigation is required and will be completed via payment to the
in-lieu fee program. I am unable to find a Statement of Availability (SOA) in the provided
documents. Please provide an SOA for the 0.447acres of wetland mitigation required by
DWR.
• NC Wildlife Comments:
1. Please be advised that I have reached out for comment from the NC WRC regarding the
proposed plan for Rotenone use and fish disposal. I will pass along any comments or
concerns they may have once received.
• NEPA— Environmental Document:
1. Section G.1. of the submitted PCN indicates that the project is utilizing public finds or public
land. It also indicates that the project requires preparation of an environmental document
and that the document review has not been finalized by the State Clearing House.
■ Per the limitations outlined in 15A NCAC 01C .0107, " (a) If an environmental
document is required under NCEPA, DEQ shall not undertake an action until the
environmental document for that action is final" and "(b) If DEQ is considering a
proposed action for which an environmental document is to be or is being prepared
under NCEPA, DEQ shall promptly notify the applicant that DEQ cannot take final
action until the environmental document is completed and available for use as a
decision-making tool. The notification shall be consistent with the statutory and
regulatory requirements of DEQ and may be in the form of a notification that the
application is incomplete".
■ Please provide an update on the status of the environmental document review.
If you have any questions, please let me know.
Thank you,
Zach Thomas
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
Raleigh Regional Office
1628 Mail Service Center
Raleigh, NC 27699-1628
2of3

DEQ_EmailLogo
Email correspondence to and from this address is subject to the North Carolina Public Records Law
and may be disclosed to third parties.
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third
parties by an authorized state official.
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