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HomeMy WebLinkAbout20080540 Ver 1_Meeting Minutes_200807077Z008 4 LKY July3 2008 `?Ir4 YgTFR ENGINEERS & CONSULTANTS g QQRY Jennifer H Harris, P E icy North Carolina Turnpike Authority 5400 Glenwood Avenue, Suite 400 Raleigh, NC 27612 Subject STIP Project U-4763B Triangle Parkway Durham and Wake Counties, North Carolina North Carolina Turnpike Authority WBS Element 39942, Federal Aid Protect Number NHS-54(7) Jennifei, The following materials are enclosed regarding the North Carolina Turnpike Authority (NCTA) May 23, 2008 meeting with the US Environmental Protection Agency (USEPA), US Army Corps of Engineers (USACE), and the NC Division of Watei Quality (NCDWQ) • May 23, 2008 Meeting Agenda • Final May 23, 2008 Meeting Minutes • USEPA Meeting Checklist Meeting Materials o NCTA - Design Build Team Request for Proposals (RFP) o PowerPoint o Impact Comparison Table o Handouts - Tables and Figures o Utility Coordination Tables This meeting was held to review and further discuss the April 2, 2008 Region 4 - USEPA comments on the Environmental Assessment for the Triangle Parkway piolect The information provided is for the project file and has been forwarded to each of the meeting attendees by copy of this letter for their records. If you have any questions or comments, please contact me at (919) 858-1837 or Jay Bissett at (919) 858-1841 Sincerely, Michelle W. Fishbume Mulkey, Inc Attachments May 23, 2008 Meeting Minutes and Meeting Materials MULKEY INC 6750 TRYON ROAD CARY. NC 27511 PO Box 331 27 RALEIGH. NC 27636 PH 919 851 1912 Fax 919-851 1918 WWW MULKEYINC COM July 3, 2008 Page 2of2 cc Chris Mrlitscher, US Environmental Protection Agency Kathy Matthews, US Environmental Protection Agency Eric Alsmeyer, US Army Corps of Engineers Rob Ridings, NC DENR - Division of Water Quality Dewayne Sykes, NCDOT - Roadway Design Unit George Hoops, Federal Highway Adnunistration Steve DeWitt, North Carolina Turnpike Authority (NCTA) Tracy Roberts, HNTB, NCTA General Engineering Consultant Spencei Franklin, HNTB, NCTA General Engineering Consultant Jay Bissett, Mulkey Engineers & Consultants NQIRTH CA°ROLlNA '00 P 11 oo Turnpike Authority MEETING MINUTES July 1, 2008 Meeting Date May 23, 2008 Project Triangle Parkway State Transportation Improvement Program (STIP) Project Number U-47636 Time 1000am -1230pm Place North Carolina Turnpike Authority (NCTA) Board Room Purpose Discussion of avoidance and minimization measures and US Environmental Protection Agency (USEPA) comments on the Environmental Assessment (EA) Attendees George Hoops Federal Highway Administration (FHWA) Eric Alsmeyer United States Army Corps of Engineers (USACE) (via teleconference) Kathy Matthews United States Environmental Protection Agency (USEPA) Chris Mditscher _ USEPA Steve DeWitt North Carolina Turnpike Authority (NCTA) Jennifer Harris NCTA Dewayne Sykes North Carolina Department of Transportation (NCDOT) -Roadway Design Unit Rob Ridings North Carolina Department of Environment & Natural Resources-Division of Water Quality (NCDWQ) Spencer Franklin HNTB, NCTA General Engineering Consultant (GEC) Tracy Roberts HNTB, NCTA GEC Jay Bissett Mulkey Engineers & Consultants Michelle Fishburn e Mulkey Engineers & Consultants Cindy Carr Mulkey Engineers & Consultants Presentation Materials • Meeting Agenda • PowerPoint Presentation • Utility Coordination Table (List of public utilities to be relocated by the Design Build Team and private utilities to be relocated by private owners) • Wetland and Stream Impacts from NC 540 to 1-40/NC 147 Table (comparison of Functional Design, Preliminary Design, and Permit Application impact totals) • Handout 2 - Natural Resource Impacts Figures (4 pages) and Table (2 pages) • USEPA Avoidance and Minimization Checklist General Discussion: The meeting began with introductions, an update on the status of the project, and a PowerPoint presentation The Finding of No Significant Impact (FONSI) and responses to the EA comments are being drafted for FHWA, NCTA, and NCDOT review The PowerPoint presentation provided a comparison of the wetland, perennial stream and intermittent stream impacts as calculated based on the functional design (presented in the EA), preliminary design, and permit application Avoidance and minimization measures for both the natural and human environment were incorporated into the roadway design throughout the design process The impacts to jurisdictional resources identified during the progression of the designs were outlined as follows Page 2 of 6 Functional Preliminary Permit Design (EA) Design Application Wetlands 1941 mmmo o. 1809 mom po. 1793 acres Perennial Streams 4,506 mommo oo. 3,852 mmm oo 3,718 feet Intermittent Streams 4,082 womo o. 3,876 mmiiiiiiiii o- 3,519 feet The following avoidance and minimization m easures incorporated into these designs were discussed • The alignment of the roadway was strategically located to minimize impacts to both the Federal Property and the tributary to Burdens Creek (Hollow Creek) A 550-foot long retaining wall is located to the east of the USEPA facility in order to avoid impacts to the Federal Property and to 2,450 linear feet of the unnamed tributary to Burdens Creek • If the retaining wall is eliminated or moved further west onto Federal Property, the reduction in impacts would be approximately 827 feet of perennial stream and 0 5 acre of wetland However, if the retaining wall was removed or shifted, the roadway would move closer to the First Environments Early Learning Center (FEELC) and require Federal Property for right-of-way • A noise wall will be constructed at the USEPA facility adjacent to the FEELC • Cash toll collection lanes were eliminated, which reduced the footprint of the project NCTA agreed to provide USEPA the reduction in impervious surfaces resulting from elimination of cash toll collection lanes Chris Militscher and Kathy Matthews noted that they would appreciate NCTA continuing to incorporate minimization and avoidance measures for the project since Burdens Creek is upstream of Northeast Creek, which is a 303(d) listed impaired water Ms Matthews added that the streams impacted by Triangle Parkway are important to Northeast Creek and USEPA is responsible for ensuring that 303(d) listed streams are not subject to further degradation The meeting continued with detailed discussions about issues and concerns USEPA provided in their comments on the EA Mr Mditscher provided a checklist (attached) outlining a number of recommendations for NCTA to consider to further avoid and minimize impacts Each recommendation had three response choices "Yes, "No", an "Unsure The discussions and decisions regarding each mayor issue are provided in the following summary Design Changes for Hopson Road/Davis Drive Interchange • USEPA recommended NCTA investigate design changes to minimize the footprint of the Hopson Road/Davis Drive Interchange USEPA also recommended that a small segment of stream within the Davis Drive interchange be "day-lighted" if possible • Discussion focused on compressing the service roads at the Hopson Road and Davis Drive interchange in an effort to further minimize stream and wetland impacts • The current design is based on projected traffic capacity needs and design standards for queuing of traffic • A cloverleaf interchange was evaluated early in the study process but eliminated due to higher perennial stream impacts The proposed split-diamond interchange resulted in approximately 200-feet fewer impacts to perennial streams • NCTA explained that there are incentives for the Design Build Team to further minimize right-of-way needs and reductions in impacts to streams and wetlands By exploring other design options that minimize right-of-way needs and construction costs, the Design Budd Team can capitalize on cost savings Additional Avoidance and Minimization measures possible Unsure NCTA will review the feasibility of compressing the service roads closer to mainline Triangle Parkway at the Hopson Road and Davis Drive interchange and providing measures to "day-light" the stream within the northwest quadrant of the Davis Drive interchange as additional avoidance and minimization measures USEPA agreed that this would be acceptable Page 3 of 6 Removal of Interior Shoulder Pavement (Other impervious) USEPA asked whether a reduction in the amount of impervious inside shoulder area could be provided USEPA asked if pervious pavement could be used if the inside paved shoulders could not be narrowed or eliminated It was noted that pervious shoulders may require an underground drainage system Inside paved shoulders are 12 feet wide because the facility will have six travel lanes Paved shoulders have been designed in accordance with American Association of State Highway and Transportation Officials (AASHTO) and NCDOT standards for this type of facility The paved shoulder width is necessary to accommodate future lane additions and to provide pavement support, maintenance (grass cutting, etc) and to provide an area to accommodate vehicle breakdowns, especially for trucks Additional Avoidance and Minimization measures possible No Based on design standards, removing or reducing the width of the inside paved shoulder is not feasible with a six-lane typical section, Steve DeWitt noted that NCTA could review if there are other potential options to minimize sheet flow Shifting Centerline of Roadway Alignment USEPA asked whether the roadway alignment could be shifted to further avoid and minimize impacts Throughout the functional and preliminary design processes, NCTA has considered all reasonable alternatives for roadway placement and the current alignment is the best alternative for avoiding and minimizing impacts USEPA did not request an alignment shift to the east due to the impacts to Burdens Creek that would result Any alignment shift to the west would require encroachment onto the Federal Property, which would not be allowed based on previous discussions with USEPA/NIEHS (National Institute of Environmental Health Sciences) officials Any alignment shift to the west would also increase impacts to the Federal Property, especially to the First Environments Early Learning Center The roadway was located to avoid and minimize impacts to both the human and natural environment Additional Avoidance and Minimization measures possible No Additional alignment shifts that would further minimize impacts are not likely due to impacts to other resources Reduced Median Width • USEPA questioned whether the proposed median width could be reduced • The median width is based on AASHTO and NCDOT design standards for the proposed facility type • The median width provides the minimum required width for additional lanes in the future Additional Avoidance and Minimization measures possible No The median width will remain 46 feet Additional Bridging USEPA asked whether additional bridging could be provided to avoid and minimize wetland and stream impacts The Burdens Creek bridge is longer than would be necessary to meet hydraulic requirements in order to further minimize wetland impacts (see Follow-Up Action Item #3 at the end of the minutes) Either culverts or pipes are proposed to meet the necessary hydraulic opening for all other stream crossings Culverts and pipes are the appropriate hydraulic structures for all the other crossings due to quality of the resources in the area Additional Avoidance and Minimization measures possible No No additional bridges are proposed for the project Page 4 of 6 Increase Side Slopes USEPA asked whether slopes could be steepened beyond those currently proposed Steeper slopes have the potential to reduce wetland and stream impacts The preliminary design included the use of 4 1 slopes to calculate impacts and represents a "worst case" scenano Wetland impact areas included 3 1 slopes Since the preparation of the preliminary design, it has been decided that with Triassic sod materials in the project area, a maximum of 3 1 cut slopes and 2 1 fill slopes will be used Three retaining walls were included in the preliminary design one to limit impacts to 1,200 feet of the unnamed tributary to Burdens Creek, and the remaining two to minimize right-of-way impacts to two Research Triangle Park (RTP) businesses The Design Budd Team may consider additional locations for retaining walls Additional Avoidance and Minimization measures possible Unsure There are incentives for the Design Budd Team to minimize right-of-way needs, which could be accomplished by incorporating steeper slopes wherever possible This information is included in the Triangle Parkway (STIP Project U-4763B) Final Request for Proposals (RFP), pages 80, 204 & 205 (attached) Steeper slopes have the potential to reduce right-of-way needs and to reduce wetland and stream impacts USEPA agreed that this would be acceptable Additional Stormwater Management USEPA inquired about stormwater management and the inclusion of retention/detention basins, pre-formed scour holes, level spreaders, other energy dissipaters, and sediment traps NCTA will document how many pre-formed scour holes, level spreaders, energy dissipaters, and other stormwater or sediment traps that are included in the current design USEPA questioned whether the stormwater management design will comply with National Pollutant Discharge Elimination System (NPDES) standards NCTA noted the NPDES permit was received on December 27, 2007 and the project will comply with all permit requirements Additional Avoidance and Minimization measures possible Unsure NCTA noted that the Design Budd Team could investigate the potential to incorporate some of these measures where feasible USEPA agreed that this would be acceptable Construction BMPs • USEPA suggested that Best Management Practices (BMPs) include use of polyacrylamide (PAM) with fiber logs/wattles, where possible, to reduce sediment runoff and turbidity PAM's are sometimes used in the mountains and NCTA agreed to investigate whether PAM's are appropriate for use in this area • NCTA noted that the RFP on page 79 includes instructions to minimize the construction limits to maintain as much buffer around the unnamed tributary to Burdens Creek as possible between the construction and stream (attached) • NCTA explained that the RFP, page 42 & 43, includes requirements for turbidity limits (attached) • NCTA also mentioned that the RFP, page 50 & 51, includes provisions to limit impacts to upland forested areas during clearing / grubbing operations (attached) NCTA stated that the same provision to minimize impacts to upland forested areas-as provided for Western Wake Freeway--is also provided for Triangle Parkway • USEPA requested NCTA provide an approximate percent reduction in tree clearing that could be realized with this provision Additional Avoidance and Minimization measures possible Unsure NCTA noted that the Design Budd Team could investigate the potential to incorporate some of these measures where feasible The preliminary hydraulic designs follow the NCDOT standards and are in compliance with the NPDES permit USEPA agreed this would be acceptable Page 5 of 6 On-Site Opportunities USEPA questioned whether there were opportunities for on-site mitigation There are no feasible opportunities for on-site stream or wetland mitigation for this project Removing the concrete lining from the stream in the median of NC 147 (between 1-40 and Cornwallis Road) would be the only potential option for on-site restoration [this perennial stream was delineated and named NSL in the Natural Resources Technical Report and on the figures] USEPA noted that removing the concrete lining would also require the removal of the existing riparian buffer, therefore, this opportunity for on-site restoration will not be considered further Additional Avoidance and Minimization measures possible No Based on further discussions related to the sods and location of the streams, it was determined that on-site mitigation was not feasible Utility Impacts Identified • USEPA asked about impacts associated with utility relocations, • Preliminary routing plans have been prepared These plans include reasonable relocation opportunities for water and sewer lines that do not result in additional impacts to wetlands or streams However, detailed utility relocation plans have not been prepared but will be completed by the Design Budd Team • Relocation of private utilities is the responsibility of the utility owners and will be completed in coordination with the Design Budd Team No utility relocation plans have been prepared for private utility relocations • Relocation of the existing water and sewer lines and overhead electrical high-voltage lines are not anticipated to increase wetland or stream impacts from those listed in the 404/401 Permit application To minimize impacts from relocating the water and sewer lines, new lines could be placed by boring underneath streams or wetlands in place of ditching Additional Avoidance and Minimization measures possible Unsure The FONSI will include the most recent information available regarding utility relocation impacts The Design Budd Team will avoid and minimize impacts to wetlands and streams (to the extent practicable) resulting from utility relocations and will obtain permit modifications if necessary (Page 49 & 50 of the RFP are attached) USEPA agreed that this would be acceptable Additional Tom= Ms Matthews noted the USEPA would like to see mitigation provided for intermittent stream impacts, as noted in USEPA's comments on the public notice for the 404 Permit However, USEPA offered no specific recommendations on how to mitigate intermittent stream impacts Rob Ridings stated that NCDWQ does not have jurisdiction over mitigation for intermittent stream impacts and can not legally request nor require additional mitigation for these impacts Eric Alsmeyer noted the USACE stated in previous discussions with NCTA that the intermittent streams being impacted by the project do not provide important biological functions, and no mitigation for intermittent stream impacts was requested nor would be required Mr Alsmeyer stated that neither the US Fish & Wildlife Service nor the NC Wildlife Resources Commission provided comments on impacts to intermittent streams Mr Alsmeyer and Ms Matthews noted their need to further discuss this request and that the issue would be addressed as part of the comments on the permit application Mr Alsmeyer noted it would be helpful if NCTA could provide a response to USEPA's request to mitigate intermittent stream impacts NCTA will reply to USEPA's request in its response to comments received during the public notice for the 404 Permit NCTA noted NCDWQ's letter (dated April 28, 2008) stating that the FONSI must be issued before the 401 Water Quality Certification (WQC) could be approved Mr Ridings stated that NCTA should provide a letter stating the anticipated completion date for the FONSI and this would allow the 401 WQC to remain on hold until the FONSI has been approved Page 6 of 6 Follow-up Action Items NCTA agreed to the following 1 Provide the reductions in impervious surface by eliminating cash lanes and utilizing electronic tolling Post meeting follow up The reduction ?n impervious surfaces by not constructing cash toll collection sites ?s approximately 19,649 square feet 2 Provide a tally of the BMP measures proposed for the project Post meeting follow up Based on the permit drawings, the project as currently designed has four (4) pre- formed scour holes, one (1) large energy dissipater and 43 pad dissipaters Sediment traps will be designed by the Design Build Team as part of the erosion control plans 3 Provide the length of the bridge over Burdens Creek, including the length provided beyond what was hydraulically required Post meeting follow up The Burdens Creek bodge ?s currently designed to span 370 feet ?n order to avoid impacting the wetlands located on the south bank of the creek The length required to meet the necessary hydraulic opening ?s 270 feet The additional 100-foot length of bridge avoids 0 22 acres of wetland impacts) 4 Provide the RFP requirements for turbidity limits Post meeting follow up Page 42 & 43 of the RFP is attached 5 Respond to USEPA's request to mitigate intermittent streams Post meeting follow up NCTA currently does not propose mitigation for the intermittent streams This request will be reviewed further with USACE during the permitting phase of the project 6 Provide a letter to NCDWQ providing an approximate timeframe during which the approved FONSI will be provided Post meeting follow up NCTA mailed a letter to NCDWQ on May 28 2008 stating that the FONSI should be approved with the next several weeks NCTA also acknowledged that the Design Budd Team would investigate opportunities to reduce the footprint of the service roads at the Hopson Road/Davis Drive interchange and to "day-light" the stream located in the northwest quadrant of Davis Drive The Design Budd Team would also explore opportunities to reduce right-of-way and steepen side slopes where feasible and Steve DeWitt noted that NCTA would investigate opportunities to use PAMs on the project and to minimize sheet flow from the inside median shoulders The meeting ended at approximately 12 30 p m U-4763A, Triangle Parkway AVOINDANCE AND MINIMIZATION meeting 5/23/08 • Clarification of Impacts EA 4,647 1 ft of perennial stream/4,0821 ft of intermittent stream/2 05 acres if wetlands/12 6 acres of floodplam DESIGN CHANGES FOR HOBSON ROAD/DAVIS DRIVE INTERCHANGE Yes No Unsure Comments REMOVAL OF INTERIOR SHOULDER PAVEMENT (OTHER IMPERVIOUS) Yes No Unsure Comments SHIFTING CENTERLINE OF ROADWAY ALIGNMENT Yes No Unsure Comments REDUCE MEDIAN WIDTH Yes No Unsure Comments ADDITIONAL BRIDGING Yes No Unsure Comments INCREASE OF SIDE SLOPES Yes No Unsure Comments Additional Retaining Walls Geotech Fabric with Riprap/Stone Other ADDITIONAL STORMWATER MANAGEMENT Yes No Unsure Comments Retention/Detention Basins Pre-formed Scour Holes Level Spreaders Other Energy Dissipators Sediment Traps CONSTRUCTION BMPS Yes No Unsure Comments "PAM" with Fiber logs/Wattles Limits of Clearmg/Grubbmg Immediate Stabilization ON-SITE OPPORTUNITIES Yes No Unsure Comments Stream Relocations Wetland/Floodplam `Creation' Riparian Buffers UTILITY IMPACTS IDENTIFIED Yes No Unsure Comments Triangle Parkway Agenda May 23, 2008 10:00 A.M. to 12:00 P.M. Pur ose Provide project status update Discuss avoidance and minimization based on preliminary design of the project Discuss status of utility coordination Discuss other comments and concerns from EPA ?1? Brief Project Status Update Review Preliminary Design for Triangle Parkway and Discuss Avoidance and Minimization of Impacts to Wetlands and Streams + Review Utility Coordination for the Project EPA Comments and Concerns • Impacts to Streams and Wetlands • Location of the Protected Corridor • Interchange Configuration • Typical Section for Road • 303(d) Stream - Northeast Creek • Hollow Creek - Burdens Creek • Significant Natural Heritage Area • Cutting of Trees • Noise Wall at Federal Property • Steeper Cut Slopes • BMP's • EEP Mitigation • Pedestrian Facilities • Air Quality ? Next Steps 0IRT?H r, AIR0ILI N A 4 aurnPi,ke Authorit{y C201994 (U-4763B) Project Special Provisions Durham and Wake Counties Outsourcing for the purpose of this provision is defined as the practice of subcontracting labor, work, services, staffing, or personnel to entities located outside of the United States The North Carolina Secretary of Transportation shall approve exceptions to this provision in writing PROCEDURE FOR MONITORING BORROW PIT DISCHARGE: 2-20-07 DB1 G181 Water discharge from borrow pit sites shall not cause surface waters to exceed 50 NTUs (nephelometnc turbidity unit) in streams not designated as trout waters and 10 NTUs in streams, lakes or reservoirs designated as trout waters For lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTUs If the turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased If during any operating day, the downstream water quality exceeds the standard, the Design- Build Team shall do all of the following (A) Either cease discharge or modify the discharge volume or turbidity levels to bring the downstream turbidity levels into compliance, or (B) Evaluate the upstream conditions to determine if the exceedance of the standard is due to natural background conditions If the background turbidity measurements exceed the standard, operation of the pit and discharge can continue as long as the stream turbidity levels are not increased due to the discharge (C) Measure and record the turbidity test results (time, date and sampler) at all defined sampling locations 30 minutes after startup and at a minimum, one additional sampling of all sampling locations during that 24-hour period in which the borrow pit is discharging (D) Notify DWQ within 24 hours of any stream turbidity standard exceedances that are not brought into compliance During the Environmental Assessment required by Article 230-4 of the 2006 Standard Spec fcations, the Design-Build Team shall define the point at which the discharge enters into the State's surface waters and the appropriate sampling locations Sampling locations shall include points upstream and downstream from the point at which the discharge enters these waters Upstream sampling location shall be located so that it is not influenced by backwater conditions and represents natural background conditions Downstream sampling location shall be located at the point where complete mixing of the discharge and receiving water has occurred The discharge shall be closely monitored when water from the dewatering activities is introduced into jurisdictional wetlands Any time visible sedimentation (deposition of sediment) on the wetland surface is observed, the dewatering activity shall be suspended until turbidity levels in the stilling basin can be reduced to a level where sediment deposition does not occur Staining of wetland surfaces from suspended clay particles, occurring after evaporation or infiltration, does 42 C201994 (U-4763B) Project Special Provisions Durham and Wake Counties not constitute sedimentation No activities shall occur in wetlands that adversely affect the functioning of a wetland Visible sedimentation shall be considered an indication of possible adverse impacts on wetland use The Engineer shall perform independent turbidity tests on a random basis These results shall be maintained in a log within the project records Records shall include, at a minimum, turbidity test results, time, date and name of sampler Should the Engineer's test results exceed those of the Design-Build Team's test results, an immediate test shall be performed jointly with the results supercedmg the previous test results of both NCTA and/or NCDOT and the Design-Build Team The Design-Build Team shall use the NCDOT Turbidity Reduction Options for Borrow Pits Matrix, available at http //www ncdot org/doh/preconstruct/ps/contracts/lettmg html to plan, design, construct, and maintain BMPs to address water quality standards Tier I Methods include stilling basins which are standard compensatory BMPs Other Tier I methods are noncompensatory and shall be used when needed to meet the stream turbidity standards Tier II Methods are also noncompensatory and are options that may be needed for protection of rare or unique resources or where special environmental conditions exist at the site which have led to additional requirements being placed in the DWQ's 401 Certifications and approval letters, Isolated Wetland Permits, Riparian Buffer Authorization or a DOT Reclamation Plan's Environmental Assessment for the specific site Should the Design-Build Team exhaust all Tier I Methods on a site exclusive of rare or unique resources or special environmental conditions, Tier H Methods may be required by regulators on a case by case basis per supplemental agreement The Design-Build Team may use cation exchange capacity (CEC) values from proposed site borings to plan and develop the bid for the project CEC values exceeding 15 milliequivalents per 100 grams of soil may indicate a high potential for turbidity and should be avoided when dewatering into surface water is proposed No additional compensation for monitoring borrow pit discharge shall be paid EROSION & SEDIMENT CONTROL/STORMWATER CERTIFICATION 1-16-07 (Rev 1-15-08) (DB Rev 12/05/07) DB1 G18 General The NCTA recognizes the imperative need to have qualified individuals designing, constructing, maintaining, and performing oversight of erosion and sediment control/stormwater components within all transportation facility projects This accountability and competence is required to assure that the environmental commitments into which the NCTA has entered are in conformity with the requirements of the approved plans, specifications, and permit conditions To ensure that candidates are qualified to construct, maintain, and oversee environmental related operations, certification programs have established written and/or proficiency standards The certification issued jointly by the North Carolina Department of Transportation and North Carolina State University is a privileged certification that should be held in high regard 43 C201994 (U-4763B) Project Special Provisions Durham and Wake Counties NCTA's Chief Engineer will hear the appeal and make a decision within 7 days of hearing the appeal Decision of NCTA's Chief Engineer will be final and will be made in writing to the registrant If a certification is temporarily suspended, the registrant shall pass any applicable written examination and any proficiency examination, at the conclusion of the specified suspension period, prior to having the certification reinstated Measurement and Payment Certified Supervisor, Certified Foremen, Certified Installers and Certified Designer shall be incidental to the project for which no direct compensation will be made PERMIT MODIFICATIONS (3-28-08) The NCTA has acquired the USACE Section 404 Permit and the NCDENR (DWQ) Section 401 Water Quality Certification for this project If modifications to these permits are necessary to accommodate the Design-Build Team's design, construction methods or utility relocations/construction, the Design-Build Team shall be responsible for environmental agency coordination through NCTA and preparing all documents required for the NCTA to obtain permit modifications The Design-Build Team shall clearly note in the Technical Proposal all items that are anticipated to require permit modifications The NCTA will not allow any contract time extensions associated with obtaining permit modifications, public involvement, environmental assessments, or additional agency coordination/approvals Mobilization of personnel, materials, or equipment for site investigation or construction of the project shall not occur in new jurisdictional areas impacted by design revisions, construction methods, and/or utility relocations/construction prior to obtaining the required permit modifications The Design-Build Team shall be responsible for acquiring information and preparing permit drawings that reflect the impacts and minimization efforts as designed by the Design-Build Team The permit modification application shall consist of, at a minimum, a cover letter, permit drawings, half-size plans, completed impact forms, and a revised Ecosystem Enhancement Program (EEP) acceptance letter, if necessary Direct coordination between the Design-Build Team, NCTA, and NCDOT's State Alternative Delivery Engineer, shall be necessary for proper development of the permit modification application Upon completion of the permit modification application package, the Design-Build Team shall forward the package to the NCTA and NCDOT State Alternative Delivery Engineer concurrently, for review and acceptance Any temporary construction measures, including de-watering, borrow and waste sites, construction access, haul roads, etc as well as all utility impacts shall be addressed in the permit modification application The Design-Build Team shall also describe the construction methods for all structures The description of the temporary impacts on jurisdictional resources shall include restoration plans, schedules, and disposal plans 49 C201994 (U-4763B) Project Special Provisions Durham and Wake Counties In the event additional jurisdictional impacts beyond those identified in the permits received by the NCTA result from design or construction details revised by the Design-Build Team, or from utility relocations or construction, suitable compensatory mitigation through EEP for the additional wetlands and streams shall be the sole responsibility of the Design-Build Team The Design-Build Team shall analyze any new areas to be impacted that were not analyzed during the NEPA process or preparation of the permit application This analysis shall include performing all environmental assessments The Design-Build Team shall engage the services of a competent environmental consultant to conduct a full environmental investigation to include, but not be limited to, Federally Listed Threatened and Endangered Species, wetlands, streams, avoidance and minimization in jurisdictional areas, Rapanos forms, compensatory mitigation, FEMA compliance, historical, archaeological, and cultural resources surveys in these areas The environmental consultant shall obtain concurrence through NCDOT from the United States Fish and Wildlife Service to document compliance with Section 7 of the Endangered Species Act for those species requiring such concurrence In addition, the Design-Build Team shall fulfill any other requirements which may be imposed by the permitting agencies It is not anticipated that the Jordan Reservoir Buffer Rules will apply to this project In the unlikely event that these buffer rules are imposed on the project, any additional work due to these buffer rules will be handled in accordance with Article 104-7 of the Standard Special Provisions, Division One, contained elsewhere in this RFP CLEARING AND GRUBBING (1-07-0s) DB2 RO1 The North Carolina Turnpike Authority is committed to limiting environmental impacts of the project to the extent practicable Upland forests, which provide habitat for terrestrial wildlife, are instrumental in protecting water and air quality and are one of the natural resources that the NCTA includes in this commitment For these reasons NCTA is requiring the Design-Build Team to identify and subsequently protect existing upland forests from disturbance within the project right-of-way where feasible Project safety, constructability and long term project maintenance are not to be compromised in order to implement this commitment To this end the Design-Build Team shall Identify in the designs the locations where upland trees will be preserved to include quadrants, the median (outside clear recovery zone) and any other locations within the right of way, Schedule, coordinate with NCTA, and attend a minimum of two meetings Two meetings shall occur with representatives from the NCTA, FHWA, USEPA and NCDOT to review the recommended areas for upland tree preservation and discuss the methodology for determining these locations One meeting shall occur prior to beginning land clearing of any section of the project, and another meeting shall occur after the completion of the Release For Construction (RFC) Roadway and/or other relevant RFC plans to review the plan sheets and discuss the determined and suggested locations for upland forest protection, Provide the approach and management plans for implementing the upland forest protection plan in the field with the various contractors and subcontractors, 50 C201994 (U-4763B) Project Special Provisions Durham and Wake Counties Implement the plan such that all project personnel are aware of these upland tree protective zones until the entire project is accepted, and Schedule, coordinate with NCTA, and attend additional meetings regarding upland forest preservation areas, if it is determined during construction that conditions have changed such that the upland forest preservation areas identified in the design must be modified Perform clearing on this project to the limits established by Method III shown on Standard No 200 03 of the 2006 NCDOT Roadway Standard Drawings SHPO DOCUMENTATION FOR BORROW/WASTE SITES (12-18-07) DB8 R02 Revise the 2006 Standard Specifications as follows Page 2-16, Subarticle 230-1(D), add the words "The Contractor specifically waives" as the first words of the sentence Page 2-17, Subarticle 230-4(B) Contractor Furnished Sources, first paragraph, first sentence replace with the following Prior to the approval of any borrow sources developed for use on any project, obtain certification from the State Historic Preservation Officer of the State Department of Cultural Resources certifying that the removal of the borrow material from the borrow sources(s) will have no effect on any known district, site building, structure, or object, architectural and/or archaeological that is included or eligible for inclusion in the National Register of Historic Places Page 8-9, Article 802-2 General Requirements, add the following as the 1st paragraph Prior to the removal of any waste from any project, obtain certification from the State Historic Preservation Officer of the State Department of Cultural Resources certifying that the deposition of the waste material to the proposed waste area will have no effect on any known district, site building, structure, or object, architectural and/or archaeological that is included or eligible for inclusion in the National Register of Historic Places Furnish a copy of this certification to the Engineer prior to performing any work in the proposed waste site Page 8-10, Article 802-2, General Requirements, 4th paragraph, add the following as the 2nd sentence The NCDOT's borrow and waste site reclamation procedures for contracted projects is available on the NCDOT websrte and shall be used for all borrow and waste sites on this project 51 C201994 (U-4763B) Roadway Scope of Work Durham and Wake Counties anticipated that a no hbound outside lane will, t added to the Triangle Expressway in- e future.as?shown m=`the schematic entitled° Trian?le Parkwa} TrafficT Anal ysis,"2030 Build with TIT!-,U-4763A LOS D Laneage Diagram " -''the bridge(s) at Davis?Drive and associated retamirigTwalls shalUbe designed and eonsti-ucted'such that t! a abutments"rriay be widened to the outside in the future but" not relocated Functional classifications that have a defined usable shoulder width shall have the appropriately wider overall shoulder width • Along the EPA property limits, that extend from at least Station 181+25 -L- to Station 203+50 -L-, LT, clearing and grubbing beyond the slope stake limits shall be minimized to maintain screening for the EPA daycare facility (Reference the Clearing and Grubbing Project Special Provision ) • Along the unnamed tributary to Burdens Creek, from at least Station 191+50 -L- to Station 221+52 -L-, RT, clearing and grubbing beyond the slope stake limits shall be minimized to maintain a buffer between the construction and the unnamed tributary to Burdens Creek (Reference the Clearing and Grubbing Project Special Provision ) • The Design-Build Team shall design and construct the project such that no right of way or easement is required from the EPA property • The Design-Build Team shall design the entrance to the EPA site on Hopson Road as a full movement intersection • For existing NC 147 between T W Alexander and the Triangle Parkway, the Design-Build Team shall remove the existing pavement to Triangle Parkway Right of Way limits and grade to drain • Site and phasing plans for the KCR Investors, LLC property have been developed based on the right of way limits shown on the provided Right of Way Plans The Design-Build Team shall not increase impacts to the KCR Investors, LLC property without prior written approval from the NCTA • The proposed design of Hopson Road, in proximity to the Triangle Parkway was established prior to completion of the recent Hopson Road improvements further west The Design- Build Team shall design and construct Hopson Road to tie to these improvements • The Design-Build Team shall incorporate greenway ties and details into the roadway plans Reference the Greenways Scope of Work The Design-Build Team shall be responsible for the design and construction of the noise wall as required by the Final Design Noise Report, including any geotechnical investigations necessary to design the foundations The Design-Build Team shall be responsible for the wall envelope details If the Design-Build Team revises the horizontal and / or vertical alignments such that greater noise impacts are possible on surrounding receptors, the Design-Build Team shall re-analyze and complete a revised noise report, if necessary, for NCTA and FHWA review and acceptance The Final Design Noise Report will be provided to the Design-Build 79 C201994 (U-4763B) Roadway Scope of Work Durham and Wake Counties Team to assist in their determination of anticipated additional noise impacts on current receptors due to a design change If adjustments to, or addition of, noise walls are required as a result of design deviations, the Design-Build Team shall be responsible for all costs associated with the adjustments and / or additions, including, but not limited to, public involvement, geotechnical investigations, shaft and wall designs and construction Triangle Parkway is a full control of access facility The Design-Build Team shall bring to the NCTA's attention any deviations from the proposed control of access shown on the Triangle Parkway Combined Corridor / Design Public Hearing Map dated March 25, 2008 and the provided Right of Way Plans The Design-Build Team shall delineate the control of access on their Right of Way Plans for the NCTA and NCDOT review and acceptance The Design-Build Team shall be responsible for coordinating with, and obtaining approval from, the NCTA and NCDOT for the chain link control of access fence placement The Design- Build Team shall be responsible for installation of chain link control of access fence The Design-Build Team shall design and construct resurfacing grades for all roadways impacted by construction, excluding haul roads At a minimum, the Design-Build Team shall resurface all lanes within the outermost construction limits of all proposed widening and construction, including any gaps along the facility where construction activities are not required Additionally, resurfacing of existing facilities shall extend to the limits of any pavement markings which were obliterated during construction This resurfacing shall be the full lane width and shall not be segmented, such as patching operations The Design-Build Team shall design and construct grades that adhere to the design criteria and standards, providing all required pavement wedging (Reference the Pavement Management Scope of Work for resurfacing requirements ) Unless noted otherwise elsewhere in this RFP, the maximum allowable cut and fill slopes shall be 3 1 (H V) and 2 1 (H V), respectively The slopes in the interchange area shall follow the requirements set forth in the Roadway Design Guidelines for Design-Budd Projects located on the NCDOT Design-Build website The Design-Build Team shall note in the Technical Proposal any proposed deviations to the provided Right of Way Plans and deviations to the -L- and associated ramps shown on the Triangle Parkway Combined Corridor / Design Public Hearing Map dated March 25, 2008 The Design-Build Team shall be responsible for any activities, as deemed necessary by the NCTA or the FHWA, resulting from any such deviations, including but not limited to, public involvement and NEPA re-evaluation The NCTA shall not honor any requests for additional contract time or compensation for completion of the required activities resulting from any such deviations • The Design-Build Team shall inform the NCTA, in writing, of any proposed changes to the provided Right of Way Plans, or the Design-Build Team's Technical Proposal, preliminary design or previously reviewed submittals and obtain approval prior to incorporation • No design exceptions shall be allowed for the -L- line, including all ramps and loops and including all functional and preliminary designs required by this scope of work, or the -LNB- Line NCTA prefers not to have design exceptions for the -Y- Lines and service roads If the Design-Build Team anticipates any design exceptions for the -Y- lines or service roads, they 80 C201994 (U-4763B) Right-of-Way Scope of Work Durham and Wake Counties The Design-Build Team shall subnut, as part of their Technical Proposal, the priority list last conveyed to the Agent for which a written Agent response is provided The Design-Build Team is encouraged to verify and/or adjust the estimates provided by the Agent for the purpose of determining their own schedule Right-of-Way Costs Borne by Design-Build Team The cost of the nght-of way as shown on the Right-of-Way plans provided by NCTA for U-4763B will be borne by the NCTA The cost of any additional Right-of-Way or easements, as required by the Design-Build Team's design or construction methods, beyond that shown on the Right-of-Way plans shall be the responsibility of the Design-Build Team There are two exceptions to the above paragraph 1) If the Design-Build Team demonstrates to the NCTA's satisfaction that the project cannot be constructed, or utilities relocated/constructed, within the right-of-way shown on the Right-of-Way plans provided by the NCTA, the NCTA will bear the cost for the portion of the additional Right-of-Way or easement that is satisfactorily demonstrated by the Design-Build Team as needed to construct the facility 2) If the Design-Build,Team implements- esign or constructhonlchanges'that increase-the right-of-way costs in one or more- arcels but also reduce the nght-of-way costs for other parcel(s), then the Design-Build Team will only be responsible for the net change in the right-of-way cost attributable to the design or construction change Contract Time In the event that a,parcel is not obtained, or otherwise granted right-of-entry, within 20 calendar days of a binding estimate for that parcel's availability, the NCTA will entertain requests for additional contract time If the Design-Build Team demonstrates to the satisfaction of the NCTA that the delay in parcel availability affects their controlling operation, the contract time will be extended one calendar day for each calendar day delay beyond the 20-day grace period noted above In no case shall further contract time extension be granted due to further indirect delays (such as weather, seasonal construction limitations, or borrow availability) that may result from the delay in parcel availability Any change to the priority list provided in the Technical Proposal that accelerates the Design- Build Team's expectation for a parcel's availability will nullify this consideration for contract time extension for that parcel Incentive for Reduction in NCTA Right-of-Way Costs The current estimate for the Right-of-Way/easement costs for U-4763B is $27,000,000 If the Design-Build Team incorporates satisfactory design or construction innovations to reduce the Right-of-Way/easement costs to the NCTA, an incentive will be paid to the Design-Build Team as outlined below The baseline cost for this incentive is $25,650,000 or as adjusted in accordance with below If, after all parcels and easements are acquired, the total Right-of-Way cost to the NCTA is below the baseline cost, and the reduction in Right-of-Way/easement costs directly results from design or construction innovations employed by the Design-Build Team, an incentive will apply This 204 C201994 (U-476313) Right-of-Way Scope of Work Durham and Wake Counties incentive will be equal to 40% of the difference between the baseline cost and the actual verified cost of the projects Right-of-Way/easements This incentive payment will be paid with the final partial payment In the event that a parcel is condemned but not yet settled by the time of the final partial payment, a cost of 10% above the final offer made prior to condemnation will be used in the calculation of the incentive In the event that the reduced Right-of-Way/easement cost is only partially attributable to design or construction innovations employed by the Design-Build Team, the baseline cost will be adjusted downward for that portion of the cost savings not directly attributable to the Design- Build Team's design or construction innovations 205 4 5 6 7 WETLAND AND STREAM IMPACTS FROM NC 540 TO I-40/NC 147 WETLAND IMPACT'S (acres) Feature Name (i) Functional Design Total (2) Preliminary Design Total Permit Application Total Wetland MWA 0 054 0 032 0 023 Weiland MWB 0110 0 061 0 060 Wetland MWD 0 705 0 705 0 710 Wetland MWF 0 412 0 411 0 410 Wetland NWC 0 064 0 064 0 070 Wetland NWD 0 304 0 305 0 310 Wetland NWE 0 284 0 231 0190 Wetland NWH 0 008 0 000 0 020 TOTAL ACRES 1941 1809 1793 PERENNIAL STREAM IMPACTS (feet) Feature Name (i) Functional Design Total (2) Preliminary Design Total Permit Application Total *R-2000AB Stream 0 000 0 000 1180 Stream MSA 3610 2950 3260 Stream MSB 3910 3660 3230 Stream MSC 15560 14790 12320 Stream MSCB 6060 6060 5570 Stream NSB 450 00 00 Stream NSD 11260 7710 8270 Stream NSL 4210 3350 3350 TOTAL FEET 45060 38520 37180 INTERMITTENT STREAM IMPACTS (feet) Feature Name li> Functional Design Total (2) Preliminary Design Total Permit Application Total Stream MSBA 2740 2220 2150 Stream MSBB 1690 1690 1750 Stream MSCB 6770 6770 6970 Stream MSCBA 2780 2780 1860 Stream MSCC 2230 2100 2090 Stream NSD 17970 17970 17490 Stream NSF 320 320 320 Stream NSLA 2650 1710 1130 Stream NSLF 3670 3200 1430 TOTAL FEET 40820 38760 35190 (1) Functional Design Totals as of April 2007 (2) Preliminary Design Totals as of December 2007 *This stream is located at a business driveway and was originally delineated by the R-2000AB project May 23, 2008 Agency Meeting FAY A l _ U y ? ?n O O -? ? 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CD Q nn, ? s°??a Triangle Parkway - Project U-4763B Utility Coordination Companies Responsible for Relocating Their Conflicts Company Type Templar for AT&T Metro & DeltaCom Communications/Preliminary Relocation Plans Unavailable Level 3 Commumcations/Prelimma Relocation Plans Unavailable Time Warner Communications/Preliminary Relocation Plans Unavailable Verizon business Communications/Preliminary Relocation Plans Unavailable Eisai Communications/Preliminary Relocation Plans Unavailable IBM Communications/Preliminary Relocation Plans Unavailable Verizon Communications/Preliminary Relocation Plans Unavailable PSNC Energy Gas distribution/Preliminary Relocation Unavailable Duke Transmission Electrical power transmission/ Preliminary Relocation Plans Unavailable Duke Distribution Electrical power distribution/Preliminary Relocation Unavailable AT&T (BellSouth) Communications/Preliminary Relocation Unavailable Municipalities whose conflicts will be relocated within the Design-Build Contract City of Durham Water/Preliminary plans with Utility Conflict Plans County of Durham Sanitary Sewer/Preliminary plans with Utility Conflict Plans Town of Cary Water & Sanitary Sewer Preliminary plans with Utility Conflict Plans As of May 19, 2008 Page 1 of 1 U-4763A, Triangle Parkway AVOIDANCE AND MINIMIZATION meeting 5/23/08 • Clarification of Impacts EA 4,647 1 ft of perennial stream/4,082 1 ft of intermittent stream/2 05 acres of wetlands/ 12 6 acres of floodplain Ct 3'.I C5?6P" DESIGN CHANGES FOR ROBSON ROAD/DAVIS DRIVE IN FERCHANGE Yes No Unsure Comments ,#4 ",1 z 06 S REMOVAL OF INTERIOR SHOULDER PAVEMENT (O fHER IMPERVIOUS) Yes _ No Unsure v Comments rf P .?t. e M _ p• ?? A? IFIlio( SI III' 1 ING CENTERLINE Ol? ROADWAY ALIGNMENT Yes No Unsure Comments REDUCED MEDIAN WIDTH Yes No Unsure Comments ADDI I ZONAL BRIDGING Yes No Unsure (C) mmcnts CII-e 67 111, (7,? INCREASE OF SIDE SLOPES Yes _ No Unsure Comments P,eav+p jt1,(&R1fC- Additional Retaining Walls' Geotech Fabric with Riprap/Stone Other /zi?r ctd M r ADDITIONAL STORMWATER MANAGEMENT Yes No Unsure Comments Retention/Detention Basins Pre-formed Scour Holes Y l // ? /? C Level Spreaders Other Energy Dissipators Sediment Traps CONS I'R[JCTION BMPs Yes No Unsure Comments "PAM" with Fiber logs/Wattles Limits of Clearing/Grubbing Immediate Stabilization ON-Sl 1 E OPPORTUNITIES Yes No Comments Unsure vl0 ? ?4?ss ?? L Stream'Relocations 4reation' loodplam _ Wetland/F Riparian Buffers UJ ILITY IMPACTS IDENTIFIED Yes No Unsure Comments f elov / f • , r r Triangle Parkway Agenda May 23, 2008 10 00 A.M. to 12:00 P.M. Purpose Provide project status update Discuss avoidance and minimization based on preliminary design of the project Discuss status of utility coordination Discuss other comments and concerns from EPA J - F0141E 11 Brief Project Status Update Review Preliminary Design for Triangle Parkway and Discuss Avoidance and Minimization of Impacts to Wetlands and Streams Review Utility Coordination for the Project EPA Comments and Concerns • Impacts to Streams and Wetlands • Location of the Protected Corridor • Interchange Configuration • Typical Section for Road • 303(d) Stream - Northeast Creek • Hollow Creek - Burdens Creek • Significant Natural Heritage Area • Cutting of Trees • Noise Wall at Federal Property • Steeper Cut Slopes • BMP's • EEP Mitigation • Pedestrian Facilities • Air Quality Next Steps W" /go IN 0 IR T IH C, A IR 0 L 11 IN A - TurlnO kwe Auth o rii ty