Loading...
HomeMy WebLinkAboutU2732v n _l D 7 D Ti n 7 n m 0' C- 3 ?J fJ m -i cn T? ? -I w ?(D ?CD c<=3m o m C) CD °Cl) O (D :3 =r 0 ?(n ?p h (D 03-- m mmCD D ?? -i ?=3 z `n l< ? (DU) ?o (D m0 MW M M L ? C 0 0 V) C) CD 0 =3 O ?O ?0 =3((DD (D z =3 - w O < < 0 ?• r1• co (D ? c?? -Cr (D W (D U) -I (D (D (D oQ 0n?_-ate mOozo? CD (D?c•??- 9C:* C<p L C/) CD (0:3 C O ^?? (D=r= * - ^<-' O ? (D (?D a o 3 O'CD C`< 0 `G (3l ?- * (D `< (-- 0' O 3 N) W Q (OD N c?D (D E' - O`< m 4 3 < Q-..O .-? N O -? (D 0 (D CD CD C-n- ro ?? 0 (D C m ((D (n U) =3 ' 0 v O (D (D (D --I W F Q CY .? O O CD N + (D (D p (D 0 = ^t r,. p m m (D < =r (D ZT - m CD (D <-. U (D O o. (D G) (D Q (D 0 ? O < _0 z `. = 0 n ?no -? C c'n c o Qo _0 =3 m a Cf) (D O ro O O Q- 0 s p 0 O 10 w N o ? 0 (mom O O rD Llp. CD Qq? Z 3 rc w rn Z O ?r CU o A CD V) 0 n CD ?? - ? ,i .. l.t ..... :..... ..:. ... 1 .v -y- ........ . .... ':}I t ? MT A}...•= i. :;, ..:. '}}::. h•t 1... # i'f (l `„ D }''R ..t .}- 1. i # : t .: ?. - l `1 ,: J' ?,j Cy T }-;;?;?J? --j I.:, - t i•'il.. i i `I#.4FII } i''#I:::NT ?. k 'P. # i- I` .}. k.: }::, { } f 0 i'`} A L } t 11 R }:: i A } } r x . . . t... ::.. l ': .. . t t't ? OTI-!}:=}; .. .... ._.... .._ .... .... .... .._.... .... _»._..._.... .... .... .... ..-.. I 1992 WATER QUALITY SECTION `j• !.gill. ....... i4tl ,.J}::(:: t lil4 't' t_; };1 :,.: ::_ .: , r1x; r ,+,;±,•• t,? i i? , .. . i.?>a't,1.':}:;' t•}:::``?l::'s ,.; 1 i••1 Ct:_i-'#E::?•,?i• i••?}:::t:::r:F.:.D 11,,.;. ,t..l.iicl:-`•1 • i i?:l#:: k.!"1.... #.. t.....{kt•t• }:ii:::T` k!NY)t:* % C+, ..# `, . . t-i • t :, f-117 i f.° C'? :';, I i • vi: its ,. ,.., .. , , .,.. ;.. ., : 7:: :. .. •.: ;... i •' t:: i^ } , ` :}: l t•'i .: }:. y.: y... {J'1 ?••' 1-'? :}: .... s T 0 Cary Ederlee Drive from the Avenue of the Estates to Penny Road Wake County State Project 9.8050371 TIP Project U-2732 ADMINISTRATIVE ACTION State Environmental Assessment/Finding of No Significant Impact N. C. Department of Transportation Division of Highways In Compliance with the North Carolina Environmental Policy Act For further information contact: Mr. L. J. Ward, P. E. Manager, Planning and Environmental Branch N. C. Department of Transportation P. 0. Box 25201 Raleigh, N. C. 27611 APPROVED: /S 9L Z172 to L. J. Ward, P. E., Manager Planning and Environmental Branch, NCDOT Cary Ederlee Drive from the Avenue of the Estates to Penny Road Wake County State Project 9.8050371 TIP Project U-2732 State Environmental Assessment/Finding of No Significant Impact Document Prepared in Planning and Environmental Branch By: William T. Goodw n r. Project Planning Engineer Linwood Stone Urban Project Planning Engineer, Unit Head .f - I /'/Oln/ H. ranklin Vick, P. E., Assistant Manager Planning and Environmental Branch, NCDOT ??ZH•CARp??••, ? ? ESS?n:?.?9 SEAL 7754 ''%.gNKLIN v..••` ? Y TABLE OF CONTENTS PAGE SUMMARY i I. DESCRIPTION OF PROPOSED ACTION . . . . . . . . . . . . . . 1 A. General Description . . . . . . . . . . . . 1 B. Summary of the Proposed Improvements . . . . . . . . . 1 1. Length of Project . . . . . . . . . . . . . . . . 1 2. Project Termini . . . . . . . . . . . . . . . . . 1 3. Right of Way . . . . . . . . . . . . . . . . . . 1 4. Utilities . . . . . . . . . . . . . . . . . . . 2 5. Cross Section . . . . . . . . . . . . . . . . . . 2 6. Design Speed 2 7. Traffic Volumes 2 8. Structures . . . . . . . . . . . . . . 2 9. Intersecting Roads and Type of Control . . . . . 2 10. Access Control . . . . . . . . . . . . . . . . . 2 11. Geodetic Markers . . . . . . . . . . . . . . . . 2 II. PUR POSE FOR PROJECT . . . . . . . . . . . . . . . . . . . . 3 A. Need for the Proposed Improvements . . . . . . . . . . 3 B. Transportation Planning . . . . . . . . . . . . . . 3 C. Traffic Volumes and Capacity . . . . . . . . . . 3 D. Benefit of State, Region, and Community . . . . . . . 3 III. REC OMMENDED ALTERNATIVE . . . . . . . . . . . . . . . . . . 4 IV. SOC IAL, ECONOMIC, and ENVIRONMENTAL IMPACTS . . . . . . . . 4 A. Land Use Planning . . . . . . . . . . . . . . . . . . 4 1. Status of Local Planning Activities . . . . . . . 4 2. Existing Land Use . . . . . . . . . . . . . . . . 4 3. Future Land Use . . . . . . . . . . . . . . . . . 5 B. Social and Economic Environment . . . . . . . . . . . 5 1. Neighborhood Characteristics . . . . . . . . . . 5 2. Economic Factors . . . . . . . . . . . . . . . . 5 3. Public Facilities . . . ? ' 5 4. Relocation Impacts of the Proposed Action 5 C. Cultural Resources . . . . . . . . . . . . . . . . . . 6 1. Architectural Resources . . . . . . . . . . . . . 6 2. Archaeological Resources . . . . . . . . . . . . 6 TABLE OF CONTENTS Page D. Natural Resources . . . . . . . . . . . . . . . . . . 6 1. Biotic Resources . . . . . . . . . . . . . . . . 7 a. Plant Communities . . . . . . . . . . . . . 7 b. Wildlife . . . . . . . . . . . . . . . . . . 8 2. Physical Resources . . . . . . . . . . . . . . . 10 a. Water Resources . . . . . . . . . . . . . . 10 b. Soils . . . . . . . . . . . . . . . . . . . 11 3. Special Topics . . . . . . . . . . . . . . . . . 11 a. Wetlands: Jurisdictional Issues . . . . . . 11 b. Protected Species . . . . . . . . . . . . . 12 E. Highway Traffic Noise Analysis . . . . . . . . . . . . 16 F. Air Quality Analysis . . . . . . . . . . . . . . . . . 16 G. Construction Impacts . . . . . . . . . . . . . . . . 17 H. Contaminated Properties . . . . . . . . . . . . . . . 18 I. Farmlands . . . . . . . . . . . . . . . . . . . . . . 18 V. COMMENTS AND COORDINATION . . . . . . . . . . . . . . . . . 18 VI. FINDING OF NO SIGNIFICANT IMPACT . . . . . . . . . . . . . 19 Figures Appendix Cary Ederlee Drive from the Avenue of the Estates to Penny Road Wake County State Project 9.8050371 TIP Project U-2732 SUMMARY 1. Description of Action The North Carolina Department of Transportation, Division of Highways, proposes to extend Ederlee Drive in Cary. (See Figure 1 for project location.) The recommended alternative calls for constructing a four-lane median divided facility with a 19-foot median from the end of existing Ederlee Drive to Penny Road (SR 1379). The proposed extension is approximately 0.5 mile in length and has a total estimated cost of $1,230,000 (including $35,000 for right of way and $1,195,000 for construction). Of this total cost, the developer, Regency Land Company, is expected to pay $35,000 for right of way and $597,500 for construction. The proposed project is included in the 1992-1998 Transportation Improvement Program (TIP). Almost all of the right of way required will be donated by the Regency Land Company. Construction is scheduled to begin in fiscal year 1992 and to be completed in fiscal year 1993. The estimated cost included in the TIP is $800,000. This includes $10,000 spent in prior years and $790,000 for construction ($395,000 to be provided by the State and $395,000 to be provided by the Regency Land Company). 2. Summary of Environmental Impacts The proposed project will have a positive economic impact on the area by providing access to property to be developed along the proposed extension, as well as providing improved access to existing development in the Regency Park area. No residences or business will need to be relocated by the proposed project. Wetland losses are anticipated to be less than one acre for the entire project. Any erosion or siltation caused by the project will be short term and minimized by stringent erosion control measures. No residences or businesses, including the Penny Road Elementary School, will experience exterior noise level increases in excess of the federal noise abatement criteria. There should be no significant impacts to any plant or animal life in the area, and no historic or archaeological sites are involved. 3. Recommended Alternative Because this project completes a link between two existing facili- ties, alignment alternatives are limited. The existing Penny Road Elementary School property boundary provides an eastern limit for the proposed right of way for most of the project's length. Cross section alternatives were not explored due to the existing cross section of Ederlee Drive, which will be matched by the proposed four-lane median divided facility. The "do-nothing" alternative was considered and rejected because the proposed project will improve access to existing development and provide access for additional development in the Regency Park area. 4. Coordination The following federal, state, and local agencies and officials were consulted regarding this project: *U. S. U. S. U. S. U. S. U. S. *State *N. C. N. C. N. C. *N. C. Wake *Town Army Corps of Engineers Environmental Protection Agency Fish and Wildlife Service Geological Survey Soil Conservation Service Clearinghouse Dept. of Cultural Resources Dept. of Human Resources Dept. of Public Instruction Dept. of Environment, Health, County Commissioners of Cary & Natural Resources Asterisks (*) indicate agencies from which a written response was received. Responses are included in the Appendix of this report. 5. Action Required by Other Agencies All wetlands impacts will occur above headwaters, and the project will remove less than one acre of wetlands. The construction will be permitted under the Nationwide Permit for Above Headwaters Fill in Wetlands (33 CFR 330.5 (a)(26)). Mitigation will be restricted to the use of best management practices for the project. 6. Basis for Finding of No Significant Impact Based on an analysis of potential environmental impacts of the proposed project, it has been determined that no significant adverse effects on the quality of the human environment will result from the construction of the proposed project. Cary Ederlee Drive from the Avenue of the Estates to Penny Road Wake County State Project 9.8050371 TIP Project U-2732 I. DESCRIPTION OF THE PROPOSED ACTION A. General Description The North Carolina Department of Transportation, Division of Highways, proposes to extend Ederlee Drive in Cary. (See Figure 1 for project location.) The recommended alternative calls for constructing a four-lane median divided facility with a 19-foot median from the end of existing Ederlee Drive to Penny Road (SR 1379). The proposed extension is approximately 0.5 mile in length and has a total estimated cost of $1,230,000 (including $35,000 for right of way and $1,195,000 for construction). Of this total cost, the developer, Regency Land Company, is expected to pay $35,000 for right of way and $597,500 for construction. The proposed project is included in the 1992-1998 Transportation Improvement Program (TIP). Almost all of the right of way required will be donated by the Regency Land Company. Construction is scheduled to begin in fiscal year 1992 and to be completed in fiscal year 1993. The estimated cost included in the TIP is $800,000. This includes $10,000 spent in prior years and $790,000 for construction ($395,000 to be provided by the State and $395,000 to be provided by the Regency Land Company). B. Summarv of the Proposed Improvements 1. Length of Project The proposed project is 0.517 mile in length. 2. Project Termini The project will begin at the end of existing Ederlee Drive, just south of its intersection with the Avenue of the Estates. The project will end at the intersection of proposed Ederl ee Drive and Penny Road (SR 1379). 3. Right-of-Way Right of way for this project will be donated to the North Carolina Department of Transportation by the Regency Land Company. This right of way will be 92 feet wide, symmetrical about the centerline of the proposed facility. A permanent drainage easement will be required, on the south side of Penny Road. 2 4. Utilities A 16 inch diameter waterline follows the proposed alignment throughout most of its entire length. This waterline connects to another 16 inch diameter waterline under Penny Road. These waterlines will not be disturbed by the proposed construction. 5. Cross Section A four-lane median divided facility is proposed. The median width will be 19 feet. This cross section will provide two travel lanes in each direction. (See Figure 3). 6. Design Speed This project will have a 40 mph design speed. 7. Traffic Volumes The estimated traffic volumes for the proposed facility are as follows: 1993 Average Daily Traffic (ADT) = 7400 vehicles per day (vpd) 2013 Average Daily Traffic (ADT) = 14800 vpd Truck Tractor Semi-Trailer (TTST) = 1% of ADT Dual Tired Vehicles (Dual) = 2% of ADT The Design Hourly Volume (DHV) is 10% of the ADT. 8. Structures No major drainage structures are involved in this project. 9. Intersecting Roads and Type of Control There are no intersecting roads along the proposed facility. The Avenue of the Estates intersects Ederlee Drive just north of the project limit and Penny Road intersects Ederlee Drive at the project's southern limit. 10. Access Control No control of access is proposed along this facility. 11. Geodetic Markers No geodetic survey markers are located along the proposed alignment. 3 II. PURPOSE FOR PROJECT A. Need For the Proposed Improvements The proposed Ederlee Drive extension will complete a link between Tryon Road (SR 1009) and Penny Road (SR 1379). This link will serve as an alternate route for traffic using the congested Kildare Farm Road (SR 1300). This project will also provide an additional point of access for development in the Regency Park area. At present, access to Regency Park is provided at only one point; that point being the intersection of Tryon Road and Regency Parkway. B. Transportation Planning A revision to the Greater Raleigh Urban Area Thoroughfare Plan was requested by the Town of Cary in July of 1989. This revision included the addition of a new thoroughfare along portions of existing Regency Parkway and Ederlee Drive and an extension of Ederlee Drive to complete the connection between Tryon Road and Penny Road. This project will complete that new link between these two existing thoroughfares. C. Traffic Volumes and Capacity Traffic forecasts for the proposed facility indicate that the proposed four lane roadway will operate at level of service B when it is completed in 1993. That level of service will likely decrease to level of service C by 2013, the design year. This indicates that the proposed facility will be able to accommodate the projected traffic demands of the area thru the planning period and beyond. The intersection of Penny Road and Ederlee Drive will control the overall traffic carrying capacity of the proposed facility. This intersection will operate at an acceptable level of service without a traffic signal when construction is completed in 1993. However, this intersection will need to be signalized as growth in the area creates increased traffic demand. The speed at which this growth occurs will dictate the timing for the installation of this signalization. D. Benefits to State, Region, and Community The proposed facility will Kildare Farm Road, Tryon Road, should also result from the com will benefit from the improved governments will benefit from development in the area. reduce some of the traffic congestion on and Penny Road. Increased development pletion of this facility. Local motorists traffic situation, and local and state the additional taxes generated by 4 III. RECOMMENDED ALTERNATIVE The recommended alternative extends Ederlee Drive on new location from the end of existing Ederlee Drive to Penny Road (SR 1379). The proposed four-lane median divided facility will have two twelve foot travel lanes in each direction. The median width will be nineteen feet. This typical section matches the typical section of existing Ederlee Drive. Right of way width will be 92 feet, 46 feet on either side of the centerline of the proposed facility. A minimum of 25 feet of construction easement will be provided on both sides of the right of way; greater widths will be provided where needed. Because this project is completing a link between two existing facilities alignment alternatives were limited. The project begins at the end of existing Ederlee Drive and runs parallel the western property boundary of the Penny Road Elementary School. The alignment follows this property boundary to approximately 600 feet from Penny Road where it deviates to tie into a perpendicular intersection at Penny Road. Because this project is extending an existing facility, cross section alternatives were limited. The proposed four-lane cross section matches the cross section of existing Ederlee Drive. This cross section is well suited to the projected traffic demands of the roadway. The recommended cross section is also favored by the Regency Park developers. The "do-nothing" alternative was considered and rejected because the proposed project will improve access to existing development and provide access for additional development in the Regency Park area. IV. Social, Economic, and Environmental Impacts A. Land Use Planning 1. Status of Local Planning Activities The proposed improvements are located within the extra- territorial jurisdiction (ETJ) of the Town of Cary. The Town's current Land Use Plan was adopted in 1987 and revised in 1989. Transportation planning for Cary occurs through a cooperative effort with other Wake County jurisdictions in the development of the Greater Raleigh Thoroughfare Plan. The town exercises land use controls within its jurisdiction through enforcement of its zoning and subdivision regulations. 2. Existing Land Use The project is located in an area experiencing transition from rural land uses to suburban/urban development. Regency Park, a planned unit development which includes office and institutional uses, as well as residential development, is located at the north end of the project. Penny Road Elementary School is located east of the project area. The specific project area is currently undeveloped and wooded. 5 3. Future Land Use According to the Town of Cary Land Use Plan, the immediate project area is designated for Office and Institutional development. The land immediately west and east of the project site is designated for Industrial development. Some low density residential development is expected east of the project area. Most of the project area is zoned R-12, Residential District. This designation permits residential development, as well as several conditional and special uses including professional and institutional office development. B. Social and Economic Environment 1. Neighborhood Characteristics Wake County is located in the east central section of the State and is bounded by Johnston, Harnett, Chatham, Durham, Granville, and Franklin Counties. According to the 1990 Census Report, Wake County has a population of 423,380. The Town of Cary, the site for the proposed action, has a population of 43,858. The proposed project begins at the end of existing Ederlee Drive. The proposed action will extend Ederlee Drive south on new location until it intersects existing Penny Road. The proposed project crosses a wooded, undeveloped area and ties into Penny Road just west of Penny Road Elementary School. 2. Economic Factors The economic benefits from this action will come from improved safety for traffic in the area. In addition, commercial and residential development will probably take place along the proposed section of the facility. 3. Public Facilities Penny Road Elementary School is located on the southern end of the proposed project. It is situated just east of the proposed intersection of Ederlee Drive and Penny Road. 4. Relocation impacts of the Proposed Action The proposed action is on new location thorough a wooded area. There will be no relocations. Social Impacts Positive social impacts will be realized by the users of the new facility in the form of improved convenience and safety of travel. Many of the school buses that take children to the elementary school will have more direct and safer routes. 6 The proposed action will not disrupt community cohesion or interfere with the accessibility of facilities and services. It will not relocate any community businesses or residences. C. Cultural Resources 1. Architectural Resources This project is subject to compliance with North Carolina General Statute 121-12(a). This statute requires that if a state action will have an adverse effect upon a property listed in the National Register of Historic Places, the North Carolina Historic Commission will be given an opportunity to comment. The North Carolina State Historic Preservation Office notified NCDOT that they had conducted a search of their files and were aware of no structures of historical or architectural importance located in the planning area. (A copy of their letter is included in the Appendix.) Since there are no properties listed in the National Register of Historic Places located within the area of potential effect, no further compliance with GS 121-12(a) is required. 2. Archaeological Resources An archaeological survey of the proposed construction area was completed on April 19, 1992 by North Carolina Department of Transportation staff archaeologist Deborah Joy. Survey work consisted of a visual examination of the exposed ground along the proposed roadway and Penny Road. In the area of high probability, 50 x 50 cm shovel testing was employed to investigate intact deposits of cultural material. Subsurface investigations did not result in the recovery of cultural materials. However, two isolated prehistoric lithics were recovered from the top of a knoll. Additional shovel testing in the vicinity of the finds failed to locate intact deposits of prehistoric materials. Given the disturbed context of the finds and the absence of subsurface deposits it is determined that this site is not significant. Therefore, no further archaeological work is recommended. D. Natural Resources Prior to conducting field surveys on March 11 and 12, 1992, preliminary resource information was assembled and reviewed including U.S. Coast and Geodetic Survey (USGS) quadrangle map (Apex), NCDOT county road map and National Wetland Inventory (NWI) for the Apex area. Other preliminary, off-site work was accomplished by conducting a review of literature, reference resources and data on soils, water resources, wildlife populations, protected species, etc., provided by agencies of the North Carolina Department of Environment, Health and Natural Resources (NCDEHNR), the U.S. Fish and Wildlife Service (USFWS) and the Soil Conservation Service (SCS). 7 A field survey was conducted, by foot in the study area, including outlying areas. Evidence of flora and fauna were recorded during the survey. Wetland identification criteria used were those outlined in the Corps of neerAlMININIOMW Telineat ion Manual. 1. Biotic Resources Living systems described in the following sections include plant communities and associated animals. Names of organisms are presented using the common name (if known) followed by the scientific binomial, in parentheses. Plants referred to repeatedly will be represented by their common name only in subsequent references. Plant communities and animals have been separated for ease of description. a. Plant Communities The Community classification scheme in Schafale and Weaklely (1990) was used when applicable. Scientific binomials used are taken primarily from Radford, Ahles and Bell (1968). Five plant communities are located within the study area: mixed hardwood forest, mixed pine-oak forest, pine forest, human-dominated successional and disturbed palustrine forested broadleafed deciduous wetland (PF01Y). Uplands The MIXED HARDWOOD FOREST is dominated by white oak ( uercus alba), red maple (Acer rubrum) and sourwood (Oxydendrum arboreum). This community has T well-established canopy layer an a -sparse understory. The MIXED PINE-HARDWOOD FOREST is dominated by loblolly pine (Pinus taeda), longleaf pine (Pinus palustris), sweetgum (Liquidambar st raciflua), tulip tree (Liriodendron tulipifera), white oak, red maple and sourwood. The PINE FOREST is dominated primarily by loblolly pine with some longleaf pine pockets persisting. This classification consists of two areas: A 10-20 year old planted stand and a 50-60+ year old naturally dispersed stand. The HUMAN-DOMINATED SUCCESSIONAL area primary species include loblolly pine, blackberry (Rubus sp.), Japanese honeysuckle (Lonicera japonica), broomstraw (Andropogon sp.) and sumac (Rhus sp.). ids The DISTURBED PALUSTRINE FORESTED BROADLEAFED DECIDUOUS WETLAND is dominated by sweetgum, red maple, water oak ( uercus nigra) and needle rush (Juncos sp.). Evidence also suggests that bald cypress (Taxodium distichum) has recently been timbered from the area. 8 Summary of Anticipated Impacts to Plant Communities Anticipated impacts to plant communities are viewed as minor with the exception of the human-dominated successional area and the (PF01Y) wetland habitat (See Table 1). The center line for the subject project straddles the human dominated successional area which consists of a dirt path (runs the entire length of the project) associated with mixed herbacious-shrub habitat. The (PF01Y) wetland also contacts the centerline as well as a portion of the project which involves the widening of a section of Penny road. The subject project will essentially destroy these two habitats. Table 1. Estimated Impacts to Plant Communities PLANT COMMUNITY Mixed hardwood Mixed pine-oak Pine forest Human-dominated Wetland (PF01Y) forest forest successional ESTIMATED IMPACT 0.4 0.4 0.6 3.9 TOTAL 5.6 Note: Values reported are in acres, based upon impact widths of 92 feet. b. Wildlife The subject project will primarily impact terrestrial wildlife, but the location of wetland and nearby stream areas offers the potential for impacts to aquatic habitats as well. The lists of fauna which follow include those species visually observed, evidence of their presence noted (See Table 2) and an arbitrary list of animals likely to utilize portions of the study area. Terrestrial Communities Amphibians common in the vicinity of the project include slimy salamander (Plethodon glutinosus), spotted salamander (Ambystoma maculatum), American toad (Bufo americanus), southern leopard frog (Rana sphenocephala) and upland chorus frog (Pseudacris tris re iata). Reptiles likely to occur in the area include eastern box turtle (Terrapene carolina), eastern fence lizard (Sceloporus undulatus), broadhead skink (Eumeces laticeps), corn snake (Elaphe ug ttata), rat snake (Eaphe obsoleta) and copperhead (Agkistrodon contortrix). 9 Birds common in the vicinity of the project include American crow (Corvus brach rh nchos), blue jay (Cyanocitta cristata), rufus-sided towhee (Pi i o erythrophtalmus), carolina wren (Thryothorus ludovicianus), brown-headed nuthatch (Sitta usilla), song sparrow (Me os iz?a melodia) white-throated sparrow (Zonotrichis albicd li ?s), northern cardinal (Cardinalis cardinalis and pine warbler (Dendroica inus). Mammals such as white-tailed deer (Odocoileus virginianus), gray fox (Uroc on cinerioar enteus), raccoon (Procyon lotor), gray squirre Sciurus Caro inensis), eastern cottontail (Sylvilagus floridanus) and white-footed mouse (Peromyscus leucopus) are likely to be common inhabitants of the area. Table 2. Animals Visually Observed in the Study Area COMMON NAME southern leopard frog rufus-sided towhee carolina wren brown-headed nuthatch song sparrow American crow blue jay COMMON NAME northern cardinal pine warbler white-throated sparrow raccoon gray squirrel white-tailed deer Aquatic Communities q"etc T _ingot a ' as?oci-a?t_ed }$i r-J '410' fs mon to ent use is siia? umm w' 'Wh - i 1i as Summary of Anticipated Impacts to Wildlife Loss of forested habitat can reduce mast crop and the amount of vertical stratification used for cover. Certain animal species found in the subject project study area utilize varying layers within a forest community for foraging, as well as breeding purposes. The subject project will result in reduction of ecotone between forested areas and early successional areas. Ecotones tend to maintain a high species diversity compared to forested 10 communities and provide cover for many of the organisms that may inhabit the area. Construction of the type proposed for this project is likely to temporarily reduce faunal populations linked to edge habitat. The proposed action could have affects on the aquatic environment which originates within the project boundaries. Strict enforcement of sedimentation control measures and best management practices should be observed. Sedimentation into this seasonal stream can be harmful to local populations of amphibians, invertebrates such as crustacea and insect larvae which are important parts of the aquatic food chain. Fish populations found downstream of the construction can also be harmed by sedimentation. 2. Physical Resources The following two sections describe soils and water resources that occur within the study area, or that relate in one way or another to the study area. a. Water Resources The topic of water resources is presented in two sections. The first section describes the physical aspects of the resource and its relationship to major water systems. The second section discusses water quality and special use resource categories. Steams, Rivers, Impoundments, etc. A small seasonal stream and pond are the only two water resources associated with the subject project area. The headwaters of this intermittent stream originate near the Penny Road end of the project and flow to the south away from the project to Dutchman's Branch. The stream banks have been straightened by ditching; the depth of the stream measures 1 to 3 inches at its beginning. No floodplains or flood hazard areas will be affected by this project. The pond is located to the east of the project right of way, down slope and to the north of Penny Road Elementary School. This pond is approximately 0.25 to 0.5 acre in size. Pond banks are gently sloping and vegetated by rushes and grasses. Water Quality The National Pollutant Discharge Elimination System (NPDES) does not list any dischargers for the intermittent stream in the study area. The, n i t -a s>>ri?. z.N W vt h'' same as -tb*t _ k. An s. unnamed stream not classified in the schedule stream classifications carries the same classification as that assigned' 7? 11 to the stream segment to which it is a tributary. The general classification of WS-III denotes water supply segments with no categorical restrictions on watershed development or discharges, suitable for all Class C uses. Class C waters are suitable for aquatic life propagation and survival, fishing, wildlife, secondary recreation and agriculture. The supplemental classification of NSW denotes nutrient sensitive waters which require limitations on nutrient inputs. The Benthic Microinvertebrate Ambient Network (BMAN) addresses long term trends in water quality at fixed monitoring sites by the sampling for selected benthic macro invertebrates. These organisms are sensitive to very subtle changes in water quality. Good water quality is associated with high taxa richness (the number of different types of organisms) and the presence of many intolerant species. Water quality degradation gradually eliminates the more sensitive species and leads to a community structure quite different from that in an unstressed stream. Specific data is not available for the immediate project area. No waters classified as High Quality Waters (HQW), Outstanding Resource Waters (ORW) or waters designated as WS-1 or WS-11 will be impacted by the proposed project, nor are these resources located within 1 mile of the subject area. Summary of Anticipated Impacts to Water Resources Potential impact to the intermittent stream will be increased sedimentation from construction-related erosion. This is viewed as a temporary impact; however, poorly managed application of sedimentation control policies can result in serious damage to the aquatic environment. Sedimentation and erosion control measures should be strictly enforced during the construction stage of this project. b. Soils The soil survey for Wake County was published in 1970. Soils found in the study area are classified as Cecil-Appling and Appling associations. These associations are characteristically found on gently sloping to steep terrain, with deep, well-drained soils that have a subsoil of firm clay loam to clay. These soils are derived mostly from granite, gneiss and schist. Hydric soils do not normally occur within these associations. 3. Special Topics a. Wetlands: Jurisdictional Issues Wetlands and surface waters fall under the broad category of "Waters of the United States" as defined in 33 CFR 328.3 and in accordance with provisions of section 404 of the Clean Water Act (33 U.S.C 1344).` 12 The (PF01Y) wetland falls under the jurisdiction of the U.S. (COE) and is likely to be authorized by provisions of Nationwide Permit 33 CFR 330.5 (A) This permit authorizes discharges of dredged or fill material into headwaters and isolated waters of the U.S. The conditions which are to be met for this permit include the following: 1) The discharge does not cause the loss of more than 10 acres of waters of the U.S. 2) A 30-day notification to the district engineer is required if the discharge would cause the loss of waters of the U.S. greater than one acre and for discharges in special aquatic sites, including wetlands, the notification must include a delineation of affected special aquatic sites including wetlands. 3) The discharge, including all attendant features, both temporary and permanent, is part of a single and complete project. b. Protected Species Federal law states that any action which has the potential to result in a negative impact to federally-protected plants or animals is subject to review by the USFWS (and/or the National Marine Fisheries Service) under one or more provisions of the Endangered Species Act (ESA) of 1973, as amended. The USFWS and other wildlife resource agencies also exercise jurisdiction with protected species in accordance with the Fish and Wildlife Coordination Act of 1979. Certain plants and animals which are endemic to North Carolina and/or whose populations are in severe decline are also protected by North Carolina laws. Federally-Protected species Plants and animals with federal classifications of Endangered (E), Threatened (T), Proposed Endangered (PE) and Proposed Threatened (PT) are protected under provisions of Section7 and Section 9 of the Endangered Species Act of 1973, as amended. The U.S. Fish and Wildlife Service (USFWS) lists the following five federally protected for Wake County as of January 30, 1992. Table 3. Federally-Protected Species for Wake County SCIENTIFIC NAME COMMON NAME STATUS Haliaeetus bald eagle E euc? ocephalus Picoides borealis red-cockaded woodpecker E Vermivora bachmanii* Bachman's warbler E AA a?ta herterodon dwarf-wedged mussel E Rhus michauxii Michaux's sumac E "E" denotes Endangered (a species that is threatened with extinction throughout all or a significant portion of its range). * denotes that no specimens have been reported from Wake County for more than 20 years. 13 bald eagle (Haliaeetus leucocephalus) (E) This federally Endangered raptor is found throughout the United States and northward to the arctic. Nesting in the southeast is limited primarily to Florida, Louisiana, Mississippi and South Carolina. The birds occur elsewhere in the southeast as migrants, or rarely as nesting pairs. As an adult, this large raptor displays a wingspread of about 7 feet; plumage is dark brown with pure white head and tail. Juveniles of this species are often chocolate brown to blackish with head and tail changing from brown to mottled white to pure white as the bird matures. The bald eagle is principally riparian, associated with coasts, rivers and lakes, usually nesting near bodies of water where they feed. The proposed project will not impact suitable nesting or feeding resources for this species. It can be concluded that the subject project will not impact the bald eagle. red-cockaded woodpecker (Picoides borealis) (E) This federally Endangered woodpecker is found in scattered locations throughout the southeast. The bird measures 18 to 20 cm long with a wing span ranging from 35 to 38 cm. The male has a small red spot on the each side of the head. Both males and females show a black cap and stripe on the side of the neck. The throat is also black while the cheeks and under parts are white. Black and white horizontal stripes are visible on the back. Nesting habitat is made up of open pine stands (minimum age 60 years) or mixed pine/hardwood stands (50 percent or more pine). Longleaf pine (Pinus palustris) is most commonly used, but other species of southern pine are also acceptable. The home range for a clan (a family unit) averages about 200 acres and includes nesting habitat, as well as foraging habitat. This bird requires pine or mixed pine/hardwood stands (50 percent or more pine) 30 years or older for foraging. Foraging habitats must be contiguous with nesting habitat. The proposed project will impact suitable nesting and feeding habitat for this species. Suitable stands, within 0.5 mile of the study area, as identified above, were surveyed by walking north/south line transects to look for cavity trees. No evidence of this species was found during the survey. It can be concluded that the subject project will not impact the red-cockaded woodpecker. bachman's warbler (Vermivora bachmanii) (E) This federally Endangered warbler's range includes the southeastern U.S. during the breeding season and western Cuba and Isle of Pines in the winter. The birds total length is from 10 to 11.25 cm. The male is olive green above with yellow face and underparts with black throat and crown patches. The female 14 lacks the black throat. The upper parts are olive green, the forehead and underparts are yellow and the crown is grayish. Historic records indicate the Bachman's warbler nested in low, wet hardwood forests. Openings in the forest canopy, covered with dense thickets of cane, palmetto, blackberry, gallberry and or other shrubs and vines. There is no suitable nesting habitat in the subject project area. No sighting of this species in the last 20 years suggests that it may be extirpated from the county. It can be concluded that the subject project will not impact the bachman's warbler. dwarf-wedged mussel (Alasmidanta heterodon) (E) This federally Endangered mussel is known from the Neuse and Tar River drainages in North Carolina. Currently, the only known populations are in the Little River and Middle Creek in Johnston County, the upper Tar River in Granville County, and Crooked Creek and Cedar Creek in Franklin County. This mussel seems to prefer areas with deep water and coarse sands; however, it has also been seen on bottoms of gravel or mud, among submersed aquatic plants and near streambanks underneath overhanging tree limbs. No suitable habitat for the dwarf-wedge mussel occurs in the study. It can be concluded that the subject project will not impact the dwarf-wedged mussel. michaux's sumac (Rhus michauxii) (E) This federally Endangered plant is currently known from only 17 locations, 16 of which are in North Carolina. The species usually occurs on sandy or rocky soils in open woodlands and clearings and appears to be dependent upon some form of disturbance to maintain the open condition. Since most natural forms of disturbance (fire, large herbivore grazing, etc.) have been eliminated, this species is often found in its natural habitat in open areas created by railroad and highway rights-of-way. Potentially suitable habitat for this species does occur within the project area. This species has recognizable field characteristics year-round; thus, searches for this plant are not limited to its flowering period. A detailed survey for this plant was conducted on March 11, 1992. Areas of suitable habitat were searched visually on a plant by plant basis. No individuals of this species were found within the subject project area during these searches; thus, it can be concluded that the project will have no impact on Michaux's sumac. The following Candidate species (See Table 4) may occur in the area. Candidate species are species which are not legally protected under the Endangered Species Act and are not subject to any of its provisions, including Section 7, until they are formally proposed or listed as Threatened or Endangered. 15 Table 4. Federal Candidate Species Listed for Wake County SCIENTIFIC NAME COMMON NAME STATUS HABITAT MMyot?i s austrori ari us AAiim_o?hi_ a aestiva is Elliptio ?udit?? Elliptio and ceolata Fusconaia masoni Lasmiqona subviridis Speyeria diana Nestronia umbellula Tri?um usillum var. pusillum southeastern bat Bachman's sparrow neuse slabshell (mussel) yellow lance " atlantic pigtoe " green floater " Diana fritillary butterfly nestronia Carolina trillium C2 C2 C2 C2 C2 C2 C2 Yes No No No No No Yes C2 C2 Yes Yes "*" indicates no specimen from Wake county in at least 20 years. "C2" are candidate species presently under review for federal listing for which information indicates that listing as Endangered or Threatened is possibly appropriate, but for which adequate data on biological vulnerability and threat(s) are not currently known or on file to support propose rules. State Protected Species Table 5. STATE-PROTECTED SPECIES for WAKE COUNTY SCIENTIFIC NAME COMMON NAME STATUS HABITAT Myotis austroriparius Aimophila aestivalis E 11 i do judithae E1 iptio lanceolata Fusconaia masoni Lasmiqona subviridis Speyeria dianr a Nestronia umbellula Trillium usillum var. usi um southeastern bat Bachman's sparrow neuse slabshell (mussel) yellow lance " atlantic pigtoe " green floater " Diana fritillary butterfly nestronia Carolina trillium SC SC E T T E SC Yes No No No No No Yes T E Yes Yes "*" indicates no specimen from Wake county in at least 20 years. 16 Plants or animals with state designations of Endangered (E), Threatened (T) or Special Concern (SC) are granted protection by the State Endangered Species Act and the N.C. Plant Protection and Conservation Act of 1979, administered and enforced by the North Carolina Wildlife Resources Commission and the N.C. Department of Agriculture. A search of the North Carolina Natural Heritage Programs records failed to turn up any records of occurrence of state- protected species in the study area. These state-protected species are also listed as federal candidate species. Suitable habitat determinations were ascertained from literature review. Summary of Anticipated Impacts to Protected Species No impacts to federally protected species will occur. Although suitable habitat exists in the study area for several federal candidate and/or state protected species, no surveys were conducted for these species. E. Hiahwav Traffic Noise Analvsis The closest activity in the vicinity of the project was found to be the recreation areas of Penny Road Elementary School. A "worst case" scenario was used dealing with traffic noise predictions. The 67 dBA contour was determined to be approximately 81' from the centerline of the proposed facility. No receptors, including the recreational areas of the school, were located within this contour. Based on the low density of receptors in the vicinity of the project and the traffic flow characteristics, the project's impact on noise will be insignificant. This evaluation completes the assessment requirements of Title 23, Code of Federal Regulations, Part 772 and no additional reports are required. F. Air Quality Analysis The project is located within the Eastern Piedmont Air Quality Control Region. The ambient air quality of Wake County has recently been designated as a nonattainment area for carbon monoxide and ozone. However, the current State Implementation Plan (SIP) does not contain any transportation control measures (TCM) for Wake County. Both the thoroughfare plan for the City of Raleigh and the Transportation Improvement Program have been determined to conform to the 1990 Clean Air Act Amendments and the Interim Conformity Guidance dated June 7, 1991. Therefore, the project is considered to be in conformance with the SIP. This evaluation completes the assessment requirements of Title 23, Code of Federal Regulations, Part 770 and no additional reports are required. 17 G. Construction Impacts There are a number of environmental impacts normally associated with the construction of highways. These are generally short term in duration and measures will be taken to mitigate these impacts. Telephone, water, sewer and electric services are available in the area. The Department of. Transportation will hold a preconstruction conference between the Department, the Contractor, representatives of the involved utility companies, and pertinent local officials. Methods to coordinate utility adjustments will be discussed at this conference. During construction of the proposed project, all materials resulting from clearing and grubbing, demolition or other operations will be removed from the project, burned or otherwise disposed of by the Contractor. Any burning done will be done in accordance with applicable local laws and ordinances and regulations of the North Carolina SIP for air quality in compliance with 15 NCAC 2D.0520. Care will be taken to insure burning will be done at the greatest distance practicable from dwellings and not when atmospheric conditions are such as to create a hazard to the public. Burning will be performed under constant surveillance. Measures will be taken in allaying the dust generated by construction when the control of dust is necessary for the protection and comfort of motorists or area residents. The major construction elements of this project are expected to be earth removal, hauling, grading, and paving. General construction noise impacts, such as temporary speech interference for passersby and those individuals living or working near the project, can be expected particularly from paving operations and from the earth moving equipment during grading operations. Overall, construction noise impacts are expected to be minimal since, the project traverses undeveloped areas. The transmission loss characteristics of nearby natural elements and man-made structures are believed to be sufficient to moderate the effects of intrusive construction noise. The general requirements concerning erosion and siltation are covered in Article 107-13 of the Standard Specifications which is entitled "Control of Erosion, Siltation, and Pollution". The N. C. Division of Highways has also developed an Erosion and Sedimentation Control Program which has been approved by the N. C. Sedimentation Control Commission. This program consists of the rigorous requirements to minimize erosion and sedimentation contained in the "N. C. Highway Standard Specifications for Roads and Structures", together with the policies of the Division of Highways regarding the control of accelerated erosion and sedimentation on work performed by State Forces. Waste and debris shall be disposed of in areas that are outside of the right-of-way and provided by the Contractor, unless otherwise required by the plans or special provisions or unless disposal within the right-of-way is permitted by the Engineer. 18 Borrow pits and all ditches will be drained insofar as possible to alleviate breeding areas for mosquitoes. In addition, care will be taken not to block existing drainage ditches. Prior to the approval of any borrow source developed for the use on this project, the contractor shall obtain a certification from the State Historic Preservation Officer of the State Department of Cultural Resources certifying that the removal of the material from the borrow source will have no effect on any known district, site, building, structure, or object that is listed on the National Register of Historic Places. A copy of this certification shall be furnished to the Engineer prior to performing any work on the proposed borrow source. H. Contaminated Properties A field survey and records search was performed to identify areas of potential environmental concern such as underground storage tanks, hazardous waste dumps or similar sites. However, after reviewing all of the available information, there is nothing to suggest that hazardous materials involvement should be a problem. I. Farmlands North Carolina Executive Order Number 96, Conservation of Prime Agricultural and Forestry Lands, directs all state agencies to consider the impact of their construction and land acquisition activities on prime farmland soils. Such soils are defined by the US Soil Conservation Service, as directed by the federal Farmland Protection Policy Act. In some cases land is exempt from consideration under the Executive Order if it has already been converted to non-agricultural uses or is planned to do so by the local government with jurisdiction. As noted earlier, the project area is designated for development by the Town of Cary Land Use Plan and zoning ordinance; therefore, further consideration under the Executive Order is not required. V. COMMENTS AND COORDINATION On November 15, 1991 a letter was mailed to the following federal, state, and local agencies and officials to solicit suggestions and receive environmental input concerning the proposed project: *U. S. Army Corps of Engineers U. S. Environmental Protection Agency U. S. Fish and Wildlife Service U. S. Geological Survey U. S. Soil Conservation Service *State Clearinghouse *N. C. Dept. of Cultural Resources N. C. Dept. of Human Resources 19 N. C. Dept. of Public Instruction *N. C. Dept. of Environment, Health, & Natural Resources Wake County Commissioners *Town of Cary Asterisks (*) indicate agencies from which a written response was received. Those comments are included in the Appendix of this report. VI. FINDING OF NO SIGNIFICANT IMPACT Based upon the assessment of environmental impacts included in this document, it has been determined that the project will not have a significant adverse impact on the environment. This SEA/FONSI completes the environmental review. An EIS will not be prepared for this project. WTG/plr •I ?. too I ' I ' I ' I ' •I' i v 11. -4 ¦ i US 64?. V r ? \ I L -CGNEGGA ftp. WCG?[GfM V<l . - BEGIN PROJECT \ ... END PROJECT i I i \, _ Vi?KIKV fYKf / ? - , Q ' w NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS PLANNING AND ENVIRONMENTAL BRANCH CARY EDERLEE DRIVE, AVENUE OF THE ESTATES TO PENNY ROAD WAKE COUNTY U-2732 0 miles 0.5 1 1 1 FIG. 1 pFN • ? ? _ Hy l qo _ w? ! 0 X m 0 m z n ¦ all O ° rn o IJL m ., g D D m z s f ` ?mmvC) - ; cD W4 r s n? C 0 m Cn D -1 m G z? € ° < m r, K ? ? Im RRR sS ? x D i? - 1 i _ i e III' I Z O U W CO 0 W 0 Z Q 0 5W W Z qt U ad ?O E U T O m O? N LL N, -d LL U o T V cc E U Nee, o m I T N N T N T orn T N T N T co W Cc V DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO December 9, 1991 Planning Division Mr. L. J. Ward, P.E., Manager Planning and Environmental Branch Division of Highways North Carolina Department of Transportation Post Office Box 25201 Raleigh, North Carolina 27611-5201 F• s:a ?,. ? iy 4u < . .>1 Dear Mr. Ward: We have reviewed your letter of October 15, 1991, requesting information for evaluating potential environmental impacts of "Cary, Ederlee Drive, Avenue of the Estates to Penny Road, Wake County, State Project No. 9.8050371, TIP Project No. U-2732" and offer the following comments. This project does not appear to be within any flood-hazard areas. Department of the Army permit authorization, pursuant to Section 404 of the Clean Water Act of 1977, as amended, will be required for the discharge of excavated or fill material in waters of the United States or any adjacent and/or isolated wetlands in conjunction with this project, including disposal of construction debris. Under our mitigation policy, impacts to wetlands should first be avoided or minimized. We will than consider compensation or mitigation for unavoidable impacts. When final plans are completed, including the extent and location of any work within waters of the United States and wetlands, our Regulatory Branch would appreciate the opportunity to review these plans for a project-specific determination of Department of the Army permit requirements. Should you have any questions, please contact Mr. Eric Alsmeyer of our Regulatory Branch, Raleigh, North Carolina, at (919) 846-0749. We appreciate the opportunity to comment on. this project. If we can be of further assistance to you, please do not hesitate to contact us. Sincer ly, Lawren G Chief, Saunders ing Division i North Carolina Department of Cultural Resources James G. Martin, Governor Patric Dorsey, Secretary January 10, 1992 MEMORANDUM TO: L. J. Ward, P.E., Manager Planning and Environmental Branch Division of Highways Department of Transp-ortation FROM: David Brook Deputy State Historic Preservation Division of Archives and History William S. Price, Jr., Director fSUBJECT: Ederlee Drive, Avenue of the Estates to Penny Road, Cary, Wake County, U-2732, 9.8050371, CH 92-E-4220-0360 We have received information concerning the above project from the State Clearinghouse. There is a high probability that the ridge at the southern end of the proposed project shown on your map contains Archaic and/or Woodland period campsites. We recommend that the project be surveyed by an experienced archaeologist prior to project implementation. We have conducted a search of our files and are aware of no structures of historical or architectural importance located within the planning area. These comments are made in accord with G.S. 121-12(a) and Executive Order XVI. If you have any questions regarding them, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. DB:slw cc: State Clearinghouse T. Padgett B. Church 109 East Jones Street 0 Raleigh, North Carolina 27601-2807 North Carolina Department of Administration James G. Martin, Governor James S. Lofton, Secretary January 7, 1992 S'l JAN g 1992 Mr. L.J. Ward :Oh nc N.C. Department of Transportation Planning and Environmental Branch `?'? Highway Building Raleigh, North Carolina 27611 Dear Mr. Ward: RE: SCH File #92-E-4220-0360; Scoping - Proposed Improvements to Ederlee Drive, Avenue of the Estates to Penny Road, Wake County (TIP #U-2732) The above referenced environmental information has been reviewed through the State Clearinghouse under the provisions of the North Carolina Environmental Policy Act. Attached to this letter are comments made by agencies, after reviewing this document, which identify issues to be addressed in the environmental review document. For compliance with the North Carolina Environmental Policy Act, the appropriate document should be forwarded to the State Clearinghouse for environmental review. Should you have any questions, please call 733-0499. Sincerely, Chrys Baggett, Director State Clearinghouse CB:jt Attachments cc: Region J 116 West Jones Street • Raleigh, North Carolina 27603-8003 • Telephone 919-733-7232 An Equal Opportunity / Affirmative Action Employer e a 5rAre State of North Carolina Department of Environment, Health, and Natural Resources 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor Douglas G. Lewis William W. Cobey, Jr., Secretary 6?11819ZO? Director Planning and Assessment DEC 1991 Via, MEMORANDUM = , Vim" ] k?- c r •ct:9^rs OFF,,, 6' d- TO: Chrys Baggett State Clearinghouse FROM: Melba McGee '/?.? Project Review Coordinator RE: 92-0360 - Ederlee Drive, Avenue of the Estates to Penny Road, Wake County DATE: December 17, 1991 The Department of Environment, Health, and Natural Resources has reviewed the proposed project. The attached comments are a result of this review. More specific comments will be provided during the environmental review process. Thank you for the opportunity to respond. If additional information is needed during the preparation of the environmental document, the applicant is encouraged to notify our respective divisions. MM: bb Attachments P.O. Box 27687, Raleigh, Borth Carolina 27611-7(187 Telephone 919-733-6376 DEC 1991 6` CS ® North Carolina Wildlife Resources Commission 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: Melba McGee, DEHNR Division of Planning and Assessment FROM: Dennis Stewart, Manager Habitat Conservation Program DATE: December 10, 1991 SUBJECT: Request for information from the N. C. Department of Transportation regarding fish and wildlife concerns for a project to widen Ederlee Drive, Avenue of the Estates to Penny Road, Wake County, State Project No. 9.8050371, TIP No. U-2732 This correspondence responds to a request from Mr. L. J. Ward, P. E., Manager, Planning and Environmental Branch of the North Carolina Department of Transportation (NCDOT) for our concerns regarding impacts on fish and wildlife resources resulting from the widening of Ederlee Drive, Avenue of the Estates to Penny Road, Wake County. This project will include the construction of a new four- lane divided facility, with a 16 foot median, as well as the widening of Penny Road, between the property limits of Regency Park by adding curb and gutter on the north side of the existing road. The Wildlife Resources Commission (WRC) is concerned over possible direct and indirect adverse impacts on wildlife, fisheries, and wetland resources within and adjacent to the construction corridor. Due to limited information in Mr. L. J. Wards' memorandum of November 15, 1991 we can express our concerns and requests for information only in general terms. Our ability to evaluate project impacts and provide beneficial recommendations when reviewing project environmental documents will be enhanced by inclusion of the following information: 1. Complete inventories for wildlife and fisheries resources within, adjacent to, or utilizing the study corridors. Potential borrow areas to be used for Memo Page 2 December 10, 1991 project construction should be included in the inventories. 2. Accurate data on State and Federally listed rare, threatened, and endangered species, including State and Federal species of special concern, within, adjacent to, or utilizing study corridors. 3. Cover type maps showing wetland acreages impacted by the project. Wetland acreages should include all projected related areas that may undergo hydrologic change as a result of ditching, other drainage, or filling for project construction. 4. Cover type maps showing acreages of upland wildlife habitat impacted by the proposed project. Potential borrow sites should be included. 5. The extent of habitat fragmentation in uplands and wetlands and impacts associated with fragmentation. 6. The need for channelizing or relocating portions of streams crossed and the extent of such activities. 7. Mitigation for avoiding, minimizing or compensating for direct and indirect degradation in habitat quality as well as quantitative losses. 8. A cumulative impact assessment section which analyzes the environmental effects of highway construction and quantifies the contribution of this individual project to environmental degradation. Be advised that the Wildlife Resources Commission is not likely to provide a favorable review for any alternative which does not clearly avoid, minimize, and mitigate destruction or degradation of wildlife and fisheries habitat. Thank you for the opportunity to provide input in the early planning stages for this project. If we can further assist your office, please call on us. DLS/lp cc: Stephen Pozzanghera, Habitat Conservation Biologist Mike Scruggs, District 3 Wildlife Biologist State of North Carolina Department of Environment, Health, and Natural Resources INTERGOVERNMENTAL REVIEW - PROJECT COMMENTS rneviewing Office: Pro'ect Number: Due Date: c? Hrrer review of this project it has been determined that the EHNR ????0 /? comply with North Carolina Law. permit(s) indicated must be obtained in order for this project to Questions regarding tnese permits should be addressed to the Regional Office indicated on the reverse of the form. All applications, information and guidelines relative to these plans and permits are available from the same Regional Office. Normal Process PERMITS SPECIAL APPLICATION PROCEDURES or REQUIREMENTS T1me (statutory time Permit to construct & operate wastewater treatment limit) ? facilities, sewer system extensions, & sewer APPlication 90 days before begin construction or award of systems not discharging into state surface waters. construction contracts On•site inspection. Post-application 30 days technical conference usual NPDES • permit to discharge into surface water and/or ? permit to operate and construct wast Application 180 days before begin acti it (90 days) ewater facilities discharging into state surface waters. v y. On-site inspection. Pre-application conference usual. Additionally, obtain permit t c t 90-120 days ons ruct wastewater treatment facilitygranted after NPDES oReply . time, 30 days after receipt of plans or issue of NPD (N/A ES permit-whichever is later. ? Water Use Permit Pre-application technical conference usually necessary 30 days ? Well Construction Permit (N/A) - N/A 7 days (15 days) ? Dredge and Fill Permit Application copy must be served on each riparian r p operty owner. On-site inspection. Pre-application conference usual Filli 55 days . ng may require Easement to Fill from N.C. Department of Administration and Federal D d (90 days) ? Permit to construct & operate Air Pollution Abatement re ge and Fill Perm' p r1 ?, 16 l9 facilities and/or Emission Sources ? 60 d AA Any open burning associated with subject proposal 1' NIA n ays (90 days) ! ' must be in compliance with 15 NCAC 2D.0520. R_ ' Demolition or renovations of structures containing asbestos material must be i tJ 1 n compliance with NCAC 2D.0525 which requires notification and removal rio t f)n? `trr?'£ ti p r o demolition. N/A 60 days C { ?L omplex Source Permit required under 15 NCAC 2D.0800. ? c \ (90 days) El The Sedimentation Pollution Control Act of 1973 must be properly addressed for any land disturbing activity. An erosion & sedimentati will be required if one or more acres to be disturbed. Plan filed with ro R p per on control plan egional Office (Land Quality Sect.) at least 30 days before begin activity. ? The Sedimentation Pollutio C n ontrol Act of 1973 must be addressed with respect to the referrenced Local O di r nance: On-site inspection usual. Surety bond filed with EHNR as shown: Any area mined greater th ? Mining Permit an one acre must be permited. AFFECTED LAND AREA Less than 5 acres AMOUNT OF BONG 30 days 5 but less than 10 acres $ 2.500 10 but less than 25 acres 5,000 ? North Carolina Burnin g permit 25 or more acres 12,500 5,000 (60 days) On•site inspection by N.C. Division Forest Resources if permit exceeds 4 days Special Ground Clearance Burning Permit • 22 ? counties in On•sit i 1 day (N/A) coastal N.C. with organic soils e nspection by N.D. Division Forest Resources required "if more than five acres of ground l 1 c earing activities are involved. Inspections should be requested at least ten days before actual bur i " day (NIA) ? Oil Refining Facilities n s planned. NIA 90-120 days ? 77 Dam Safety Permit ?. I r?r, If permit required, application 60 days before begin construction. Applicant must hire N C ualifi (N/A) ??, \\\ , . . . q ed engineer to: prepare plans, inspect construction. certify construction is according to EHNR a ed plans. May also re pprov- i 30 days qu re permit under mosquito control 404 permit from Corps of Engineers. Program. Ana (N/A) PS- 105 Continued on rever se Normal Process Ti me PERMITS SPECIAL APPLICATION PROCEDURES or REQUIREMENTS (statutory time limit) . ? Permit to drill exploratory oil or gas well File surety bond of $5,000 with EHNR running to State of N.C. conditional that any well opened by drill operator shall, upon abandonment, be plugged according to EHNR rules and regulations. 10 days (N/A) Ge h i l E ? op ys ca xploration Permit Application filed with EHNR at least 10 days prior to issue of permit Application by letter. No standard application form, 10 days (N/A) State Lakes C t i ? ons ruct on Permit Application fee based on structure size is charged. Must Include descriptions 8 drawings of structure & proof of ownership of riparian property. 15-20 days (N/A) ? 401 Water Quality Certification N/A 60 days (130 days) ? CAMA Permit for MAJOR development 55 days $10.00 fee must accompany application (180 days) ? CAMA Permit for MINOR development 22 days $10.00 fee must accompany application (60 days) El Several geodetic monuments are located in or near the project area. If any monuments need to be moved or destroyed, please notify: N.C. Geodetic Survey, Box 27687, Raleigh, N.C. 27611 Abandonment of any wells, if required, must be in accordance with Title 15, Subchapter 2C.0100. * Other comments (attach additional pages as necessary, being certain to cite comment authority): { c v -U1,It- > Lac-J.(? o N?? s T- l?E CX4 &tJ `t'o f?Stkw1 Aw l?S St, LT ` Nr- e-i"Jek s i5-rc Ti. P2zv? 6 r_ orr?-Sc tic SEor?? aF C AA+/Nkt A,,,j o g,'j -c ? reviewer signature agency date REGIONAL OFFICES ? Asheville Regional Office 59 Woodfin Place Asheville, NC 28801 (704) 251.6208 ? Mooreeville Regional Office 919 North Main Street Mooresville, NC 28115 (704) 663.1699 ? Washington Regional Office 1424 Carolina Avenue Washington, NC 27889 (919) 946-6481 ? Winston-Salem Regional Office 8003 Silas Creek Parkway Extension Winston-Salem, NC 27106 (919)761-2351 ? Fayetteville Regional Office Suite 714 Wachovia Building Fayetteville, NC 28301 (919) 486-1541 ? Raleigh Regional Office Box 27687 Raleigh, NC 27611.7687 (919) 733-2314 ? Wilmington Regional Office 7225 Wrightsville Avenue Wilmington, NC 28403 (919) 256-4161 State of North Carolina Department of Environment, Health, and Natural Division of Land Resources , DEC 199? J, h? " 0 FICE a James G. Martin, Governor PROJECT REVIEW CoMmENTS Charle! William W. Cobey, Jr., Secretary Project Number: C( Oa (n0 County: `c tl ?e ?p %qX7 Project Name: 4 ?1Q Pro\e(+ ND. Ct. 9,0 ("'a;11. 1 1 P (1 - .3-1 ?a ?,ardner Director ReaA? Geodetic Survey Vti This project will impact -0- geodetic survey markers. N.C. Geodetic Survey should be contacted prior to construction at P.O. Box 27687, Raleigh, N.C. 27611 (919) 733-3836. Intentional destruction of a geodetic monument is a violation of N.C. General Statute 102-4. This project will have no impact on geodetic survey markers. Other (comments attached) For more information contact the Geodetic Survey office at (919) 733-3836. 12- 2 Reviewe Date Erosion and Sedimentation Control No comment This project will require approval of an erosion and sedimentation control plan prior to beginning any land-disturbing activity if more than one (1) afire will be disturbed. If an environmental document is required to satisfy Environmental Policy Act (SEPA) requirements, the document must be submitted as part of the erosion and sedimentation control plan. If any portion of the project is located within a High Quality Water Zone (HQW), as classified by the Division of Environmental Management, increased design standards for sediment and erosion control will apply. z The erosion and sedimentation control plan required for this project should be prepared by the Department of Transportation under the erosion control program delegation to the Division of Highways from the North Carolina Sedimentation Control Commission. Other (comments attached) For ore information contact the Land Quality Section at (919) 733-4574. R fewer Date P.O. Box 27687 • Raleigh. N.C. 27611-7687 • Telephone (919) 733-3833 An Equal Opportunity Affirmative Action Employer .•.,. SEAT, aW State of North Carolina Department of Environment, Health, and Natural R Division of Forest Resources 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor William W Cobey, Jr., Secretary MEMORANDUM TO: Melba McGee Environmental Assessment Unit FROM: Don A. Robbins n?? Staff Forester ?r/-, SUBJECT: DOT EA Scoping for Proposed Improvements to Cary, Ederlee Drive on New Location in Wake County PROJECT: X192-0360 DUE DATE: 12-16-91 To better determine the impact to forestry in the area of the proposed project, the Environmental Assessment should contain the following information concerning the proposed alternative routes for the possible right-of-way purchases for the project: 1. The total forest land acreage that would be taken out of forest production as a result of this project. 2. The productivity of the forest soils as indicated by the soil series, that would be involved within the proposed project. 3. The impact upon existing greenways within the area of the proposed project. P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733.2162 Griffiths Forestry Center 2411 Garner Road Clayton, North Carolina 27520 December 2, 1991 4- DEC 1991 CEP; "S OFFICE Stanford M. Adams Director Y DEC 1991 D EHNR PLANNING & S' ASSESSMENT An Equal Opportunity Affirmative Action Employer Page 2 4. The provisions that the contractor will take to sell any merchantable timber that is to be removed. This practice is encouraged to minimize the need for piling and burning during construction. If any burning is needed, the contractor should comply with all laws and regulations pertaining to debris burning. 5. The provisions that the contractor will take during the construction phase to prevent erosion, sedimentation and construction damage to forest land outside the right-of-way and construction limits. Trees outside the construction limits should be protected from construction activities to avoid: a. Skinning of tree trunks by machinery. b. Soil compaction and root exposure or injury by heavy equipment. C. Adding layers of fill dirt over the root systems of trees, a practice that impairs root aeration. d. Accidental spilling of petroleum products or other damaging substances over the root systems of trees. We would hope that a route could be chosen, that would have the least impact to forest and related resources in that area. DHR:la pc: Warren Boyette - CO File 13E? X99 N J' NO /f d o' STATE o 1- State of North Carolina 19J1 s Department of Environment, Health, and Natural Re urce.: Division of Soil and Water Conservation ` IA 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor z William W. Cobey, Jr., Secretary "David W. Sides December 2, 1991 Director MEMORANDUM TO: Melba McGee FROM: David Harrison All SUBJECT: Extension of Ederlee Drive in Cary, Wake County. Project No. 92-0360 This proposal is to extend a road in a rapidly developing area of Wake County. Impacts to unique, prime or important farmlands will be minimal. A wetlands evaluation should be included in the environmental assessment. Actions that minimize impacts are desired. -n ,n ham'' -?1 C` C` DH/t1 PO Box 27687 Raleigh, North Carolina 27611-7687 Telephone 919-733-2302 An Equal Opportunity Affirmative .action, Emplover iaTt Town of Cary North Carolina ENGINEERING DEPARTMENT December 13, 1991 Ms. Pat White Triangle J Council of Governments P. 0. Box 12276 Research Triangle Park, NC 27709 Subject: Intergovernmental Review - State Number 92-E-4220-0360 Dear Ms. White: The Town of Cary has received the Intergovernmental Review for the subject project. This project is for the construction of Ederlee Drive from Avenue of the Estates to Penny Road located in Cary, North Carolina. As described, the proposed project will consist of a four (4) lane median divided facility along with the widening of Penny Road along the Regency Park property. The Town of Cary and the N.C. Department of Transportation revised the thoroughfare plan to include the addition of a new thoroughfare along the portion of Regency Parkway and Ederlee Drive connecting between Tryon Road (SR 1009) and Penny Road (SR 1379) in July, 1989. This addition to the thoroughfare plan was based upon the benefit which would be received from this north/south connector between these two (2) existing thoroughfares. The design of the proposed project consists of a median along this thoroughfare. This design element will improve safety and allow additional capacity along this thoroughfare based on potentially higher posted speed limits. Additionally, traffic volumes in this area will continue to increase as development of the adjacent property occurs coupled with the construction of the interchange ramp across from Regency Parkway serving US 1/64. This proposed thoroughfare project will assist to reduce traffic delays along portions of Tryon Road, Kildaire Farm Road and Penny Road. Based upon the improved roadway capacity the environmental impacts for this project would seem to be positive. Additionally, all construction methods would require the implementation of erosion control measures, and the maintenance of these measures throughout construction, to address negative environmental impacts from the construction. 316 North Academv Street P.O. Box 1147 Care, North Carolina 27:;12-1147 CARY (919) 469-4000 An Equal Opportunity Emplover (919) 469-4306 Fax RECYCLES Ms. Pat White December 13, 1991 Page 2 The Town of Cary supports the proposed project and its inclusion in the Transportation Improvements Program of the N.C. Department of Transportation. This thoroughfare connection will be beneficial improving traffic along the connecting thoroughfares and the interchange ramp which will align with the proposed roadway. I trust that this letter will provide respect to Should you information contact me. the Town of Cary's position on have any questions or require a which I may provide, please do information this project. ny additional not hesitate with to Z. Si er ly, z- S. Douglas Sp 1, E. Town Engineer SDS/ba cc: William B. Coleman, Jr., Assistant Town Manager 101530 North Carolina Department of Crime Control and Public Safety James G. Martin, Governor Joseph W. Dean, Secretary MEMORANDUM TO: FROM: SUBJECT: Division of Emergency Management 116 W. Jones St., Raleigh, N. C. 27603-1335 (919)733-3867 December 4, 1991 2345S ? ,y o (1` 10 Z'j _ N• North Carolina State Clearinghouse Department of Administration Janie S. Archer National Flood Insurance Program North Carolina Division of Emergency Managment Intergovernmental Review State ## 92-E-4220-0360 Ederlee Drive/Penny Road/Cary Comments: A portion of the area indicated for above is located in the floodplain hazard area. Cary is a participating community in the NFIP and would have available their respective Town Ordinances. Structure within the 100-year floodplain must be elevated to the required level or floodproofed. For information purposes the Commission is advised that on July 24, 1990, Governor Martin signed Executive Order 123, a Uniform Floodplain Mangement Policy, which must be followed for development on any site. An EyUall Opfx)rtUnit) I Attimixive Action Emplk)\cr