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
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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
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