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HomeMy WebLinkAboutU-4410DDepartment of Environment and Natural Resources ??N 0? Office of Legislative and Intergovernmental Affairs "?ti?Fti ?6- Project Review Form sgNOSgrFR^ BOOS Project Number: C-MW. Due Received: =own w _ JLLJ t? S-?` his project is being reviewed as indicated below: ` Regional Office Regional Office Area !A Air 'o Soil & Water o Asheville .% N o. Fayetteville In-House Review o Coastal Management :i7 Water Date Response Due (BWJ, d c) 19 -of- NPcy Cs? a o Marine Fisheries o Mooresville 10 Groundwater P'Vi(tldlife o Water Resources :o"Ralei Oland Quality Engineer 9 o Environmental Health o Washington o Recreational Consultant 'o Forest Resources o Solid Waste Mgmt ciWilmington o Winston-Salem o Land Resources' o Radiation Protection 1Q Parks & Recreation o Other Vl?ater Quality o ?,.• - `? o Groundwater Manager Sign-OfURegion: Response (check all applicable) Date: In-House Reviewer/Agency: o No objection to project as proposed. o No Comment itu+: ,::i" .1. '.+_;? f S?_?,.. .j i?:"n?.... Y. Lr..cl t ?,.?-- .at ...,. .wfa, ., __ ;?. :: h. SMi...s ... .,, .,? .. .,.a _. ?•i ...,. ,?..wa .?.. ..:lai ,..,.,1?'? xSY}.ry? t ± I S /.5 +' S t ? 'N ?'+ t Z,,iJ": 1 Z? ba ? Yt Y_ P RETURN TO: Melba McGee -z a` 17 Air Quality /Qliti 1 I LOUIS STEPHENS DRIVE EXTENSION AND HOPSON ROAD REALIGNMENT AND EXTEI ?.t104 4 DURHAM AND WAKE COUNTIES ?o STATE PROJECT NO. 35021.2.1 2?'y T.I.P. PROJECT No. U-441 O D RESEARCH TRIANGLE FOUNDATION PROJECT Nos. 6 AND 7 ADMINISTRATIVE ACTION FINDING OF NO SIGNIFICANT IMPACT SUBMITTED BY THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION AND RESEARCH TRIANGLE FOUNDATION OF NORTH CAROLINA IN COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT For further information contact: Gregory J. Thorpe, Ph.D., Environmental Management Director Project Development and Environmental Analysis Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina 27699-1548 (919) 733-3141 Date of Approval UregorW. Thorpe, Ph.D., Environmental Management Director Project Development and Environmental Analysis Branch North Carolina Department of Transportation 1 .0 TYPE OF ACTI ON ' This is a North Carolina Department of Transportation (NCDOT) Administrative Action, Finding of No Significant Impact (FONSI). ' The NCDOT has determined that this project will have no significant impact on the human or natural environment. This FONSI is based on the Environmental Assessment, which has been independently evaluated and determined to adequately and accurately discuss the environmental ' issues and impacts of the proposed project. The Environmental Assessment provides sufficient evidence and analysis for determining that an Environmental Impact Statement is not required for the proposed project. The NCDOT takes full responsibility for the accuracy, scope, and content of the Environmental Assessment. F1 ' Louis Stephens Drive Extension Document Date: 4/27/2005 U-4410 D Finding of No Significant Impact Date Printed: 4/27/2005 2.0 DESCRIPTION OF PROPOSED ACTION 2.1 PROJECT SUMMARY The North Carolina Department of Transportation (NCDOT) and Research Triangle Foundation (RTF) propose to extend Louis Stephens Drive (SR 2500) from the intersection of Development Drive (SR 3093) to Hopson Road (SR 1978) and realign and extend Hopson Road from Louis Stephens Drive to NC 55 (see Figure 1). The extension of Louis Stephens Drive will be let to contract by RTF, and the extension of Hopson Road to NC 55 will be let to contract by the NCDOT. The project is included in the 2004-2010 NCDOT Transportation Improvement Program (TIP) as project number U-4410 D. The total project length is approximately 1.5 miles. The proposed project is located in Durham and Wake Counties, in Research Triangle Park (RTP), North Carolina. Connecting Hopson Road to NC 55 and extending Louis Stephens Drive to Hopson Road will provide alternate travel routes for RTP commuters and residents in the project area. The proposed action will create access to sites available for research and development in southern RTP and facilitate development of these sites. The proposed road improvements will conduct future traffic that would otherwise be assigned to existing roadways, which may minimize the rate at which increases in traffic will result in lower level of service on existing facilities. Construction of the proposed project will occur in two phases. Construction on the extension of Louis Stephens Drive is planned for completion in late 2006. This will include construction of the intersection at Hopson Road, with Hopson Road stubbed-out on the west side of the intersection. Hopson Road will be extended to NC 55 when the Research Triangle Foundation sells a site adjacent to the proposed road. The estimated completion date for the extension of Hopson Road to NC 55 is late 2006 or early 2007. 2.2 PREFERRED ALTERNATIVE Three alternatives were evaluated in the Environmental Assessment: No-Build, Louis Stephens Drive Extension and Hopson Road Realignment with At-Grade Rail Crossing, and Louis Stephens Drive Extension and Hopson Road Realignment with Grade-Separated Rail Crossing. The Louis Stephens Drive Extension and Hopson Road Realignment with At-Grade Rail Crossing is the Preferred Alternative. This alternative was selected as the Preferred Alternative for the following reasons: ¦ Only two trains per day traveling at 10 mph use the rail corridor in the project area, making conflicts between trains and motor vehicles improbable; ¦ The relocated at-grade crossing will result in improved safety over its present location; ¦ The cost savings associated with this alternative is $1,200,000; and ¦ Access to adjoining properties will be maintained. 2 Document Date: 4/27/2005 Louis Stephens Drive Extension Date Printed: 4/27/2005 U-4410 D Finding of No Significant Impact r• ? ? r . r r r r ri r? r? ?¦ r? r? ?¦ ar r i 1 I , XB B 150 IUUUULI -1 --- ENGLISH -E 11 J J I - A /f I I'n 1( Rites ? A '` J. ? SFARCN ni S 1RIANGIF ! ?. I?, ` PARR , END PROJECT LOUIS STEPHENS STA 139+00 AfnAHDER DRPR Av«M.,f, ` ?x t RFSfARCN R WGE FODNW,RN+ \ + 1 ? ?ul;c Po::?r Y R a M? HI IN, ,m a Ln F a c fr in V ,,o Z a i L MD NI FGN MfT f IND ? f?zfARa .T?.?-F w?DATwN VICINITY MAP (DDE ED -.1 END PROJECT HOPSON ROAD STA 244+03.59 D o ' Hopson Roams, TRW+DLI EDMNDATIDK ENERGY - - N-- WALL ,I WINVIICH ,RMHG?f f0UNDAT- DURDMAI CONY WR-m CLUB RK J G . ? // r BEGIN PR JECT HOPSON OAD STA 200+00 I-GN NAN LL O""°""°" R?LLDAL? OID?LL / RUM EIlB1 MDCN4L / ?? CAROL IAREEE WORDUA: ,B! 4` ? 1 1RYNDLL RR,OC COAVANY X t oc V maAROI Tw?c,t Na.mATwN i.?_.? u, TcRRrAX Nx.oATNx? 1r ?p? F i I 2?.1 RFSFMCN 1RUKGlE POUHDADOK -•-y-•-------•-•---•---•---•- - , a\ ----------- A?E=za?g \ ------- - ---`-------------------- / ?, MADHE.UENL„ IN,ERNADONAL MC BEGIN PROJECT LOUIS STEPHENS STA 85+00 a PROPOSED PROJECT NCDOT TIP NO. U-4410D Durharr?Wake County, North Carolina LEGEND ET-1 INO RIGHT DE W F- PROPOSED RIGHT Of wwY 77 EA Sf ME Ni S L STIHG ROADWAY fXI EXISTING ROADWAY TO RE REMOVED PROPOSED ROADWAY DJJ7i. FUTURE RO Aw Y O TEMPORARY ROADWAY /DETOURS l PROPOSED ISLAND, CURB AND GUTTER 0 WETLANDS --,. PD"DS "- STREAMS O RAILROAD RIGHT Of WAY O UTILITY EASEMENT PROPERTY LINES .--- COUNTY LIKE GUSN SCwtF Figure No. 1 IINWWWWLSreek Rood ' The at-grade railroad crossing alternative relocates the current crossing on South Alston Avenue approximately 1,764 feet south to Hopson Road between Louis Stephens Drive and South Alston Avenue. The existing South Alston Avenue crossing is located between two curves in ' the road and at a curve in the railroad tracks, diminishing sight distance for trains and vehicles approaching from both directions. The relocated at-grade crossing would be situated at a straight section of track and along a straight section of roadway, improving safety. A railroad signal and ' gates similar to those used at the present crossing would be used at the new location. I I Louis Stephens Drive is proposed as a four-lane, two-way divided facility with four-foot paved shoulder sections, a 34-foot raised curb median and 12-foot travel lanes (see Figure 2). These improvements will be implemented in two construction phases, with two lanes paved and two lanes graded until future traffic warrants full service on the proposed facility. Hopson Road is designated to become a four-lane, two-way facility with shoulder section and raised curb median (see Figure 3). The 12-foot lanes will have four-foot paved shoulders and a 16-foot raised median. The anticipated posted speed for both roads is 45 mph. Louis Stephens Drive will be on a 200-foot right-of-way and Hopson Road will be on a 150-foot right-of-way. Research Triangle Foundation will convey allright-of-way it owns or controls needed for the project. The NCDOT will acquire right-of-way not owned by RTF. Total permanent right-of-way requirements for the overall project are 31.02 acres. Permanent drainage easement requirements for the project total 3.61 acres. ' Louis Stephens Drive Extension Document Date: 4/27/2005 U-4410 D Finding of No Significant Impact Date Printed: 4/27/2005 _ c tV o 142 ?. ao 20 00 00 - F ? ry f ( W 1 7 N; '1 O Q F O Z Oa F 0 ?Na o-JV O O d p Y Z D Z L W O > y CL 00 W 0 7> C A I H ZU. 1 O C U W 1 LU Ln- ?... z m O W a O 1 N Z 1 u ° 1 OO 1 1 O o V - V A ' ?r J I i ? i Na s 1 V N 1 ]? 1 1 oz 1 1 W H 1 p, ?1 1 00 n 1 1 OW Z i 1 C D 1 1 4 1 i n' ? 1 1 ? 1 1 1 1 r 1 1 1 1 ? 1 1 1 1 1 I f H p ? 1 Y i ? 1 1 1 1 a 3 Z 0- 22 l7 0 I? 8 Document Date: 4/27/2005 Louis Stephens Drive Extension Date Printed: 4/27/2005 U-4410 D Finding of No Significant Impact ' 3.a SUMMARY OF SPECIAL PROJECT COMMITMENTS ' Durham and Wake Counties SR 2500 (Louis Stephens Drive) Extension from SR 3093 (Development Drive) to SR 1978'(Hopson -Road, ' and SR 1978 (Hopson Road) Realignment and Extension State Project No. 35021.2.1, T.I.P. Project No. U-4410 D ' PROJECT COMMITMENTS In addition to the standard Nationwide Permit No. 14 Conditions, the General Nationwide ' Permit Conditions, Section 404 Only Conditions, Regional Conditions, State Consistency Conditions, NCDOT's Guidelines for Best Management Practices for the Protection of Surface Waters, General Certification Conditions, and Section 401 Conditions of Certification, the following special commitments have been agreed to by the NCDOT: ' Pre-Construction Commitments Division of Highways- Contract Services. Right-of-Wav Branch The Contractor will be required to provide coverage for all work to be performed on CSX right- of-way per Insurance Special Provisions - CSX Transportation, Inc: ' Document Date: 4/27/2005 L i D E t i h S i on ou ve x ens s tep ens r U-4410 D Finding of No Significant Impact Date Printed: 4/27/2005 9 ' 4.0 SUMMARY OF BENEFICIAL AND ADVERSE ENVIRONMENTL IMPACTS 1 1 After review of the analysis of alternatives in the Environmental Assessment, it has been determined that the Louis Stephens Drive Extension and Hopson Road Realignment with At- Grade Rail Crossing is the least environmentally damaging, most practicable alternative. Wetlands and Surface Waters Three small wetlands were identified in the project corridor during February 2003; however these wetlands are either non-jurisdictional or avoided by the project. The United States Army Corps of Engineers issued Nationwide Permit 14 for the 91-acre project area located between Hopson Road and Davis Drive in Research Triangle Park on July 31, 2003. The permit was reauthorized on February 2, 2005 (see Appendix A). The permit authorizes 1,042 linear feet of stream channel impacts. Proposed Louis Stephens Drive will cross Long Branch and an unnamed tributary to Northeast Creek. The proposed project will pipe the streams under the road. Approximately 650 feet of stream channel will be impacted. Temporary, short-term impacts to water quality from construction-related activities include increased sedimentation and turbidity. Additional temporary, but more long-term construction related impacts to water resources include substrate destabilization, bank erosion, increased turbidity, altered flow rates, and possible temperature fluctuations within the channel due to removal of streamside vegetation. Vegetation and Wildlife Impacts to terrestrial vegetative communities consist of approximately 3.1 acres of alluvial forest; 60.2 acres of mixed hardwood forest; and 12.5 acres of man-dominated (maintained utility easement) areas. These impact estimates are based on a 400-foot wide study corridor along Louis Stephens Drive and a 300-foot wide study corridor along the Hopson Road realignment. Permanent impacts depend on final roadway design but are expected to be less based on the 200-foot right-of-way for Louis Stephens Drive and the 150-foot right-of-way for Hopson Road. Fluctuation in populations of animal species which utilize terrestrial areas is anticipated during the course of construction. Slow-moving, burrowing, and subterranean organisms will be directly impacted by construction activities, while mobile organisms will be displaced to adjacent communities. Impacts will be temporary in nature and population levels can be expected to return to pre-construction conditions once work is complete. Cultural Resources There are no known structures of historical or architectural importance located within the project area. There are no known archaeological sites within the project area. Louis Stephens Drive Extension Document Date: 4/27/2005 U-4410 D Finding of No Significant Impact Date Printed: 4/27/2005 11 Air Quality and Noise The proposed project does not result in air quality or noise impacts. Community The proposed project will not specifically harm or disproportionately affect any social group. The project area is predominantly comprised of commercial properties. There will be no impacts related to neighborhood cohesion and no relocations of homes or businesses will be necessary. The proposed project will improve accessibility to, and in, southern RTP. Current employees of RTP businesses, area residents, and emergency service providers may benefit from the increased access that the project will provide. Threatened and Endangered Species Biological conclusions of No Effect have been rendered for all protected species studied except two: N ichaux's sumac and smooth coneflower. Pedestrian surveys in the project area were completed for these species in November 2002 and June 2003. No specimens of N ichaux's sumac or smooth coneflower were located, and a biological conclusion of Not Likely to Adversely Affect was rendered for both species. The United States Fish and Wildlife Service provided written concurrence with the biological conclusions in a letter dated July 29, 2003 (see Appendix A). Cumulative Impacts The potential for project-induced land use changes for research development is high. It is likely under both the Build and No-Build Alternatives that the available developable land in the project area would, at some point in the future, convert to research-type facility use. However, the proposed project makes the available locations more easily accessible and attractive from a development standpoint. Development that occurs because of the proposed project is expected to result in positive socioeconomic impacts such as increased tax base and new employment possibilities. Resources sensitive to potential indirect and cumulative effects of the proposed project include the surface waters of Long Branch and the UT to Northeast Creek. Standards for WS-IV Water Supply Watersheds and Nutrient Sensitive Waters apply to development in the project area. Durham and Wake Counties implement land use and development controls designed to control densities and provide for stream protection buffers through measures such as erosion control and stormwater runoff control. The proposed project is located in an area designated for business development in the Research Triangle Park. Proximity to urban employment centers, planned extension of utilities, proximity to housing, and easy access to major transportation corridors, contribute to the project's potential to induce and influence growth and development. Land use controls and regulations are in place that, if properly enforced, can minimize and/or avoid potential indirect and cumulative impacts to water quality. 12 Document Date: 4/27/2005 Louis Stephens Drive Extension Date Printed: 4/27/2005 U-4410 D Finding of No Significant Impact 5.0 COORDINATION AND COMMENTS The Environmental Assessment for this project was approved by the North Carolina Department of Transportation on January 31, 2005. 5.1 CIRCULATION OF THE ENVIRONMENTAL ASSESSMENT The approved Environmental Assessment was circulated to the following federal, state, and local agencies for review and comments: • U.S. Army Corps of Engineers • U.S. Fish & Wildlife Service • Wake County • Research Triangle Foundation • N.C. Department of Transportation Program Development and Division 5 Opportunity for a public hearing was advertised in the Durham Herald and Raleigh News and Observer on February 3, 2005 and February 10, 2005. Notification of the opportunity to request a hearing was also sent to property owners. No requests for a hearing were received. ' Copies of the document and/or notification that the Environmental Assessment was available for review were also sent to the State Clearinghouse, special interest groups, and newspapers. 5.2 COMMENTS RECEIVED ON THE ENVIRONMENTAL ASSESSMENT Comments received on the Environmental Assessment are included in Appendix A. Comments were received from the following agencies: • North Carolina Department of Environment and Natural Resources (NCDENR), Division of Water Quality • NCDENR, Division of Environmental Health • NCDENR, Raleigh Regional Office • North Carolina Department of Cultural Resources (no comment) NCDENR, Division of Water Quality (L)WQ Fourteen comments were received from the Division of Water Quality (NCDWQ). Representatives from firms working on the proposed project met with Nicole Thomson of the NCDWQ on April 26, 2005 to discuss her comments on the Environmental Assessment. At the conclusion of the meeting, Ms. Thomson indicated that all issues raised in her comments were satisfactorily addressed. A memorandum summarizing the meeting and an addendum to the original comments from NCDWQ are included in Appendix A. Louis Stephens Drive Extension Document Date: 4/27/2005 U-4410 D Finding of No Significant Impact Date Printed: 4/28/2005 13 NCDENR Division of Environmental Health Comment: The relocation of the 2,100-foot waterline discussed on pages 2-10 and 3-5 must be submitted for approval by the Plan Review - Technical Services Branch. Response: Existing utilities will not be relocated. The information provided in the Environmental Assessment regarding utility relocations was dated and should have been omitted from the final document. This will be noted in Section 6.0 below, "Revisions to the Environmental Assessment." NCDENR. Raleigh Regional Office Comment: Permit and approvals that may need to be obtained from NCDENR in order for this project to comply with North Carolina Law were identified. Response: Requirements are noted. 14 Document Date: 4/27/2005 Louis Stephens Drive Extension Date Printed: 4/28/2005 U-4410 D Finding of No Significant Impact J 6.0 REVISIONS TO THE ENVIRONMENTAL ASSESSMENT Sections 2.2.1, 2.2.2, and 2.3.7 in the Environmental Assessment state that the existing railroad crossing on South Alston Avenue will be relocated "approximately 225 feet" south to Hopson Road between Louis Stephens Drive and South Alston Avenue. The statements should read "approximately 1,764 feet." Sections 2.3.9 and 3.1.3 in the Environmental Assessment state that "Outside of RTF property, the NCDOT will relocate existing utilities as needed. Approximately 2,100 feet of water line and 900 feet of sewer line are expected to be relocated." These statements should be omitted from the document. Utility relocations are not anticipated as a result of the proposed project. I The wetland identified on plan sheet RFT6-6 in Appendix C of the Environmental Assessment did not meet wetland criteria and should not have been shown on the plans as such. ' Louis Stephens Drive Extension Document Date: 4/27/2005 U-4410 D Finding of No Significant Impact Date Printed: 4/27/2005 15 7.0 BASIS FOR FINDING OF NO SIGNIFICANT IMPACT Based upon a study of the proposed project documented in the Environmental Assessment, and upon comments received from federal, state and local agencies and the public, it is the finding of the North Carolina Department of Transportation that this project will not have a significant adverse impact upon the human or natural environment. The recommended alternative for the proposed project is not controversial from an environmental standpoint. No significant impact to natural, ecological, cultural, or scenic resources are expected. The proposed project is consistent with local plans and will not disrupt any communities. These conclusions are based on a thorough analysis of the environmental impacts described in the Environmental Assessment. Based on this evaluation, it has been determined a Finding of No Significant Impact is applicable for this project. Therefore, neither an Environmental Impact Statement nor further environmental analysis is required. I 16 Document Date: 4/27/2005 Louis Stephens Drive Extension Date Printed: 4/27/2005 U-4410 D Finding of No Significant Impact I k C r 11 APPENDIX A - AGENCY CORRESPONDENCE REFERENCED IN THE FONSI ' Louis Stephens Drive Extension Document Date: 4/27/2005 U-4410 D Finding of No Significant Impact Date Printed: 4/27/2005 17 C f 18 Document Date: 4/27/2005 Louis Stephens Drive Extension 1 Date Printed: 4/27/2005 U-4410 D Finding of No Significant Impact ' U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID: 200120436 200120437 County: Durham & Wake ' GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner: Research Triangle Foundation Attn: Elizabeth Rooks Mailing Address: Post Office Bog 12255 Research Triangle Park, North Carolina 27709 Telephone No.: (919) 549-8181 Authorized Agent: Soil & Environmental Consultants, Inc. Attn: Mr. Kevin Martin ' Mailing Address: 11010 Raven Ridge Road Raleigh, North Carolina 27614 Telephone No.: (919) 846-5900 ' Location of property (road name/number, town, etc.): The project site is approximately 91 acres in size and is located between Hopson Road (SR 1978) and Davis Drive (SR 1999) in Research Triangle Park, North Carolina. Site Coordinates: 35.8534 °N 78.8876 °W USGS Quad: Green Level Waterway: Kit Creek and Long Branch River Basin: Cape Fear HUC: 03030002 Description of projects area and activity (see page 2 for a summary of authorized impacts): This permit authorizes mechanized landclearing,'excavati.on, installation of culverts, and the placement of fill associated with the construction of Louis Stephens Drive. Permanent impacts to wetlands and waters authorized by this permit total 1,042 linear feet of stream channel (768 linear feet of important channel). Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ? Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide or Regional General Permit Number(s): 14 14 ' Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the ' activity would no longer comply with the terms and conditions of the nationwide permit,'activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. ' Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please'contact Todd Tugwell at telephone (919) 876-8441, ext 26. Corps Regulatory Official Date: 02/02/2005 Verification Expiration Date: 02/02/2007 ' Copy Furnished: ' Page 1 of 2 Determination of Jurisdiction: ? Based on preliminary information, there appear to be waters-of the US including wetlands within the above described project area. ' This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). ? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ®. There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference the jurisdictional determination issued on (Action ID: ). Basis of Jurisdictional Determination: The project site contains tributaries to Long Branch and Kit Creek, which flow into Northeast Creek, a tributary to theCape Fear River, a navigable waterway. Corps Regulatory Official Date: 02/0212005 Determination Expiration Date: 02/02/2010 Summary Of Authorized Impacts and Required Mitigation Action ID NWP / GP Open Water (ac) Wetland ac U ' ortant Steam Important Stream # # Temporary Permanent Temporary Permanent Temporary Permanent Temporary Permanent 200120436 14 274 492 200120437 14 276 hn act Totals 0 0 0 0 0 274 0 768 Total Loss of Waters of the U.S. (ac) 0 Total Loss of Waters of the U.S. (h) 1042 Required Wetland Mitigation (ac) 0 Required Stream Mitigation f) 768 Permittee Additional Remarks and/or Special Permit Conditions: 1. Please note that this permit verification reauthorizes proposed impacts as previously authorized by nationwide permit on March 3, 2001 and again on July 31, 2003, with no changes to the proposed plans. 2. All Special Conditions included in the original permit verification have been completed: Mitigation for 768 linear feet of stream channel impacts associated with this permit was provided at the Mt. Vernon Springs Mitigation Site, which has been completed and is currently being monitored, in accordance with the original permit application dated January 17, 2001. Page 2 of 2 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Feld Office Post Office Box 33726 Raleigh. North Carolina 27636-3726 July 29, 2003 Ms. Cindy Carr Mulkey, Inc P.O. Box 33127 Raleigh, NC 27636 Dear Ms. Carr: •? v This letter is in response to your letter of July 10, 2003 which provided the. U.S. Fish and Wildlife Service (Service) with the biological conclusion of Mulkey, Inc. that the proposed extension of Louis Stephens Drive from the intersection of Development Drive to Hopson Road and the realignment and extension of Hopson Road to NC 55 in`Durham and Wake Counties, North Carolina, is not likely to adversely affect the federally protected smooth coneflower (Echinacea laevigata) or Michaux's sumac (Rhus michauzii). These comments are provided in accordance with-section 7 of the Endangered Species..Act (SSA) of 1973, as amended (16 U.S.C. 1531-1543). During a July 28, 2003 telephone conversation between you and Mr. Gary Jordan, it was revealed that there is no federal funding for this project. However, a permit is-required from the U.S. Army Corps of Engineers (USACE). Section 7 of the ESA requires that consultation occur between the federal action agency and the Service. Since the Federal Highway Administration is not involved in this project, the USACE becomes the federal action agency. However, you stated in the July 28 phone conversation that the USACE permit(s) have already been obtained. 1 Based on the negative results of the surveys, and on additional information provided via telephone, the Service supports the conclusion that the project is not likely to adversely affect either the smooth coneflower orMichaux's sumac. For future consultation correspondence,.the 1 Service recommends that biographical information on the field researchers doing the surveys be included to allow the Service to validate the qualifications of those conducting surveys. The Service appreciates the opportunity to review this project. If you have any questions regarding our response, please contact Mr. Gary Jordan at (919) 856-4520 (Ext. 32). ' Sincerely, 1 Garland B. Pardue, Ph.D. ' Ecological Services Supervisor cc: Eric Alsmeyer, USACE, Raleigh, NC David Franklin, USACE, Wilmington, NC W •@ar.m North Carolina Department of Administration ' Michael F. Easley, Governor Gwynn T. Swinson, Secretary April 19, 2005 ' Mr. Omar Sultan N.C. Department of Transportation Program Development MSC 1534 Raleigh, NC 27611 Dear Mr. Sultan: Re: SCH File # 05-E-4220-0266; EA; Proposed project is for Louis Stephens Drive Extension and Hopson Road Realignment and Extension in Wake County: U-4410D The above referenced environmental information has been reviewed through the State Clearinghouse under the provisions of the North Carolina Environinen>_al Policy Act. Attached to this letter are comments made by Department of Environment, Health, and Natural Resources (DEHNR) in the course of this review. These comments should be addressed in the Finding ' of No Significant Impact (FONSI) document. ' Best regards. Sincerely, r Ms. Chrys Baggett ' Environmental Policy Act Coordinator Attachments ' cc: Region J Vailin Address: Telephone: (919)807-2435 Location Address: 1301 ?iail Service Center Fax (919)73,-9571 l l G Vest Jones Street Raleigh. NC 27699-1 '0 1 State Courier #:1-01-00 Raleigh. North Carolina e-mail ChrT.s.l3aggetr'wncmail. net An Equal Oppornu+in::{(firma re Action Employer Air v . NR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor William G. Ross Jr., Secretary MEMORANDUM TO: Chrys Baggett State Clearinghouse FROM: Melba McGee/ Environmental Review Coordinator SUBJECT: 05-0266 EA Louis Stephens Drive Extension and Hopson Road Realignment and Extension in Durham and Wake Counties DATE: April 12, 2005 The Department of Environment and Natural Resources has reviewed the proposed information. The attached comments are for the applicant's information. Thank you for the opportunity to review. Attachments 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-733-49841 FAX: 919-715-30601 Internet: www.enr.state.nc.us/ENR An Equal Opportunity \ Affirmative Action Employer-50% Recycled 110% Post Consumer Paper y ARA-State of North Carolina Reviewing Office: INCDENR Department of Environment and Natural Resources r Project Numbedlr Due Date: INTERGOVERNMENTAL REVIEW - PROJECT COMMENTS ' After review 6f this project it has been determined that the DENR permit(s) and/or approvals indicated may need to be obtained in order for this project to comply with North Carolina Law. Questions regarding these permits should be addressed to the Regional Office indicated on the reverse of this form. All applications, information and guidelines relative to these plans and permits are available from the same Regional Office. PERMITS SPECIAL APPLICATION PROCEDURES or REQUIREMENTS Normal Process Time (Statutory Time Limit) 0 Permit to construct & operate wastewater treatment Application 90 days before begin construction or award of construction 30 days facilities, sewer system extensions & sewer systems contracts. On-site inspection. Post-application technical conference usual. (90 days) not discharging into state surface waters. NPDES-permit to discharge into surface water and/or Application 180 days before begin activity. On-site inspection preapplication permit to operate and construct wastewater facilities conference usual. Additionally, obtain permit to construct wastewater treatment 90 -120 days discharging into state surface waters. facility-granted after NPDES. Reply time, 30 days after receipt of plans or issue (N/A) of NPDES permit-whichever is later. 0I Water Use Permit I Preapplication technical conference usually necessary 30 days (N/A) C] Well Construction Permit Complete application must be received and permit issued prior to the 7 days I installation of a well. (15 days) C] Dredge and Fill Permit Application copy must be served on each adjacent riparian property owner. 55 days On-site inspecrion. Preapplication conference usual. Filling may require Easement (90 days) - to Fill from N.C. Department of Administration and Federal Dredge and Fill Permit Permit to construct & operate Air Pollution Abatement facilities and/or Emission Sources as per 15 A NCAC N/A 60 days (2Q.0100, 2Q.0300, 2H.0600) Any open burning associated with subject proposal must be in compliance with 15 A NCAC 2D.1900 ® Demolition or renovations of structures containing asbestos material must be in compliance with 0 days 15 A NCAC 2D.1110 (a) (1) which requires notification N/A (990 days) and removal prior to demolition. Contact Asbestos Control Group 919-733-0820. 0 I Complex Source Permit required under 15 A NCAC 2D.0800 C1 The Sedimentation Pollution Control Act of 1973 must be properly addressed for any land disturbing activity. An erosion & sedimentation 20 days control plan will be required if one or more acres to be disturbed. Plan filed with proper Regional Office (Land Quality Section) at least 30 (30 days) days before beginning activity. A fee of $50 for the first acre or any part of an acre. The Sedimentation Pollution Control Act of 1973 must be addressed with respect to the referenced Local Ordinance. I 30 days Sedimentation and erosion control must be addressed in accordance with NCDOTs approved program. Particular attention should be given to design and installation of appropriate perimeter sediment trapping devices as well as stable stormwater conveyances and outlets. Mining Permit On-site inspection usual. Surety bond filed with DENR. Bond amount varies with type mine and number of acres of affected land. Any are mined greater than 30 days one acre must be permitted. The appropriate bond must be received before (60 days) the permit can be issued. North Carolina Burning permit On-site inspection by N.C. Division of Forest Resources if permit exceeds 4 days 1 day (N/A) 0 Special Ground Clearance Burning Permit-22 counties On-site inspection by N.C. Division of Forest Resources required "if more than five 1 day in coastal I.C.with organic soils. acres of ground clearing activities are involved. Inspections should be requested (N/A) at least ten days before actual burn is planned.' I? i Oil Refining Facilities N/A 90 - 120 days (N/A) 1 I ? + Dam Safety Permit PERMITS ? I Permit to drill exploratory oil or gas well ? I Geophysical Exploration Permit ? I State Lakes Construction Permit i 0 401 Water Quality Certification ? CAMA Permit for MAJOR development ? CAMA Permit for MINOR development P5ECIAL APPLICATION PROCEDURES or REQUIREMENTS If permit required, application 60 days before begin construction. Applicant must hire N.C. qualified engineer to: prepare plans, inspect construction, certify construction is according to DENR approved plans. May also require permit under mosquito control program, and a 404 permit from Corps of Engineers. An inspection of site is necessary to verify Hazard Classification. A minimum fee of $200.00 must accompany the application. An additional processing fee based on a percentage or the total project cost will be required upon completion. File surety bond of $5,000 with DENR running to State of N.C. conditional that any. well opened by drill operator shall, upon abandonment, be plugged according to DENR rules and regulations. JAPPlication plication filed with DENR at least 10 days prior to issue of permit. Application etter. No standard application form. fees based on structure size is charged. Must include descriptions rawings of structure & proof of owip of riparian properly. N/A 0.00 fee must accompany application 00 fee must accompany application ? I Several geodetic monuments are located in or near the project area. If any monument needs 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 I SA. Subchapter 2C.0100. ? Notification of the proper regional office is requested if "orphan' underground storage tanks (USTS) are discovered during any excavation operation. ? Compliance with 15A NCAC 2H 1000 (Coastal Sto'mwater Rules) is required. * Other comments (attach additional pages as necessary, being certain to cite comment authority) Normal Process Time (StatutoryTime Limit) 30 days (60 days) 10 days (N/A) 10 days (N/A) 15 - 20 days (N/A) 55 days (130 days) 60 days (130 days) 22 days (25 days) 45 days REGIONAL OFFICES Questions regarding these permits should be addressed to the Regional Office marked below- r_1 Asheville Regional Office 59 Woodfin Place Asheville, N.C. 28801 (828) 251-6208 ? Fayetteville Regional Office 225 Green Street, Suite 714 Fayetteville, N.C. 28301 (910) 486-1541 ? Mooresville Regional Office 919 North Main Street Mooresville, N.C. 28115 (704) 663-1699 Raleigh Regional Office 800 Barrett Drive, P.O. Box 27687 Raleigh, N.C.27611 (919) 571-4700 ? Washington Regional Office 943 Washington Square Mall Washington, N.C.27889 (252) 946-6481 ? Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, N.C.28405 (910) 395-3900 ? Winston-Salem Regional Office 585 Waughtown Street Winston-Salem, N.C. 27107 (336) 771-4600 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL HEALTH Inter-Agency Project Review Response Project Number 05-0266 County Wake Proposed project is for Louis Stephens Dr Extension and Hopson Rd Realignment & Extension in Wake County: U-4410D Project Name NC DOT Type of Project ? The applicant should be advised that plans and specifications for all water system improvements must be approved by the Division of Environmental Health prior to the award of a contract or the initiation of construction (as required by 15A NCAC 18C .0300et. seq.). For information, contact the Public Water Supply Section, (919) 733-2321. ? This project will be classified as a non-community public water supply and must comply with state and federal drinking water monitoring requirements. For more information the applicant should contact the Public Water Supply Section, (919) 733-2321. ? If this project is constructed as proposed, we will recommend. closure of feet of adjacent waters to the harvest of shellfish. For information regarding the shellfish sanitation program, the applicant should contact the Shellfish Sanitation Section at (252) 726-6827. ? The soil disposal area(s) proposed for this project may produce a mosquito breeding ' problem. For information concerning appropriate mosquito control measures, the applicant should contact the Public Health Pest Management Section at (919) 733-6407. ? The applicant should be advised that prior to the removal or demolition of dilapidated ' structures, a extensive rodent control program may be necessary in order to prevent the migration of the rodents to adjacent., areas. For information concerning rodent control, ' contact the local health department or the Public Health Pest Management Section at (919) 733-6407. ? The applicant should be advised to contact the local health department regarding their requirements for septic tank installations (as required under 15A NCAC 18A. 1900 et. sep.). For information concerning septic tank and other on-site waste disposal methods, contact the On-Site Wastewater Section at (919) 733-2895. ? The applicant should be advised to contact the local health department regarding the sanitary facilities required for this project. ? If existing water lines will be relocated during the construction, plans for the water line relocation must be submitted to the Division of Environmental Health, Public Water Supply Section, Technical Services Branch, 1634 Mail Service Center, Raleigh, North Carolina 27699-1634, (919) 733-2321. X ? For Regional and Central Office comments, see the reverse side of this form. ' Jim McRight PWS 03-17-05 Reviewer Section/Branch Date I S:\Pws\Angela W\Clearinghouse\Review Response Pgs 1 and 2 for input.doc DEPARTMENT OF ENVIRONMENT AND Project Number NATURAL RESOURCES 05-0266 DIVISION OF ENVIRONMENTAL HEALTH County Wake Inter-Agency Project Review Response NC DOT Proposed project is for Louis Stephens Dr Project Name Type of Project Extension and Hopson Rd. Realignment Comments provided by: & Extension in wage county: u4410D ? Regional Program Person [j Regional Supervisor for Public Water Supply Section ? Central Office program person Name: Michael Douglas-Raleigh RO Date: 3-17-05 Telephone number: Proaram within Division of Environmental Health: Public Water Supply ? Other, Name of Program: Response (check all applicable): ? No objection to project as proposed 71 No comment ? Insufficient information to complete review ? Comments attached E--__S"ee comments below ?- ,C S C c,c SS ?c cN? Z - ??? J -5 Uk 4'e a 'rv Retum to: Public Water Supply Section Environmental Review Coordinator for the Division of Environmental Health C ti NORTH CAROLINA STATE CLEARINGHOUSE DEPARTMENT OF ADMINISTRATION r ; INTERGOVERNMENTAL REVIEW ' STATE NUMBER: 05-E-4220-0266 F02 DATE RECEIVED: 03/09/2005 AGENCY RESPONSE: 04/13/2005 REVIEW CLOSED: 04/18/2005 MS RENEE GLEDHILL-EARLEY ' CLEARINGHOUSE COORD DEPT OF CUL RESOURCES ARCHIVES-HISTORY BLDG - MSC 4617 (;A pS ± RALEIGH NC REVIEW DISTRIBUTION ?La25216 (?k" `l 3 CC&PS - DEM, NFIP ,1' j?J U ? S? DENR LEGISLATIVE AFFAIRS ,? `?'??oOS J?1? ' DEPT OF AGRICULTURE i 3J DEPT OF CUL RESOURCES m ?s•C ? 5 111 DEPT OF TRANSPORTATION ??`c;9cp L TRIANGLE J COG f? PROJECT INFORMATION APPLICANT: N.C. Department of Transportation cly • W R'W TYPE: State Environmental Policy Act ERD: Environmental Assessment DESC: Proposed project is for Louis Stephens Drive Extension and Hopson Road Realignment and Extension in Wake County: U-4410D 5 The attached project has been submitted to the N'. C. State Clearinghouse for ' intergovernmental review. Please review and submit your response by the above indicated date to 1301 Mail Service Center, Raleigh NC 27699-1301. If additional review time is needed, please contact this office at (919)807-2425. AS A RESULT OF THIS REVIEW THE FOLLOWING IS SUBMITTED: NO COMMENT ' CO TS ATTACHED SIGNED BY: -;., . DATE : '; APR-11-2005 12:30 FROM:DWQ-WETLANDS 9197336893 o? WAr?gQ? _co r to TO:97153060 MiChaer F. Essfsy, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality April 11, 2005 N E-LMORANDUM To, Melba McGee Through: John Hennessyq? From: Nicole Thomson 9_0 Subject: Comments on the Environmental Assessment"related to the Louis Stephens Drive Extension and Hopson Road Realignment and Extension in Durham and Wake Counties, Sate Project No. 35021.2.1, TIP U-4410 D, DENR Project Number 05-0266. This office has reviewed the referenced document. The Division of Water Quality (DWQ) is responsible for the issuancc of the Section 401 Water Quality Certification for activities that impact Waters of the U.S., including wetlands. It is our understanding that the project as presented will result in impacts to jurisdictional wed ands and streams. The DWQ offers the following comments based on review of the aforementioned document: A) According to the document, in March of 2001 the NCDWQ issued a waiver of 401 Water Quality Certification. for DWQ Project No. 01-0053. A total of 1,062 linear feet of stream impacts were authorized under that waiver for the Louis Stephens Drive and South Loop Road project. NCDOT is respectfully reminded that only those impacts were authorized under the original 401 Water Quality Certification as described in th.e original application dated received January 18, 2001. Any new impacts and construction activities beyond those listed in the original application will require a new 401 Water Quality Application submittal. Rcvicw of the document shows that there will be new impacts to streams and'wetlands for the proposed project, thus an application for a 401 Water Quality Certification will be required. B) According to the document, three small, forest wetlands were delineated in the project area. Two of the wetlands were determined to be either isolated (.,r not under US Army Corps of Engineers jurisdiction. Pursuant to 15A NCAC 2H, Section .1300, NCDOT is respectfully reminded that a NCDWQ staff member will need to verify the presence or absence of any isolated wetlands. Furthermore, should isolated wetlands he impacted due to construction activities, a State General Permit for Impacts to Isolated Wetlands and Isolated Waters will be required. C) The document does not present any mapping chat chows the location of wetlands and streams. Tn addition. the document does not give any specified amount of anticipated impacts to wetlands and strea ins. Until the DWQ has a map that clearly displays till the wetlands. streams, and other surface waters located in the project, with the proposed project superimposed onto those resources, we cannot agree that appropriate avoidance and minimization has occurred for this project. As such, issuance of the 401 Water Quality Certification for this project could be delayed until the information is provided to the DWQ for review, and we are convinced that all appropriate avoidance and minimization has occurred for this project. D) After the selection of the preferred alternative and prior to an issuance of the 401 Water Quality Certification, the NCDOT is respectfully reminded that they will, need to demonstrate the avoidance and minimization Of impacts to wetlands (and streams) to the maximum extent practical. Furthermore, wetland mitigation may be required for this project 1 vithCanplina rransporto0on Penitlfig Unit ?Qi1[C?lt/ 1550'Aall Service Centor, Ralelgh. North Carolina 27699.1550 2:21 Crabires Boulevard, Sulte 250, Raleigh, North Carofina 27604 Phase: 919-733-1726! FAX 919`733-6693 / Internet httoJ/h2o.enr.sta?e.nC. u;/n?±retlands P.3/5 r_ L An Equal OppommtylAflrrnatlve Acdon Employer - 50% R-e ycled110'.t Post Consumer Pmer APP,-11-2005 12:31 FROM:DWQ-WETLANDS 9197336893 TC:97153060 P:4-15 i E) In accordance with the Environmental Management Commission's Rules (15A NCAC 2H.0506(b)(6) mitigation will be required for cumulative impacts of greater than 15-0 linear .feet to any single perennial stream. In the event that mitigation is required, the mitigation plan should be designed to replace appropriate lost functions and values- In accordance with the Euvironmentid Management Commission's Rules 115A NCAC 213.0506 (h)(3) }, the NC Ecosystem Enhancement Program may be available for use as stream mitigation. ' F) As part of the 401 Water Quality Certification Application process, NC DOT is F. espectfully reminded to include speeific,s for both onsite and offsite mitigation plans. If mitigation is required, it is preferable to present a conceptual (if not finalized) mitigation plan with the environtneutal documentation. While NCDWQ realizes that this may not always be practical, it should be noted that for projects regui.ciug mitigation, appropriate mitigation plans will be required in conjunction. with the issuance of a 401 Water Quality Certification. G) Future documentation, including the 401 Water Quality Certification Application, should include an itemized listing of the proposed wetland and stream impacts with corresponding mapping. An analysis of cumulative and secondary impacts anticipated.as a result of this project is required. The type and detail of analysis should conform. to the NC Division of Water Quality Policy on the assessment of secondary and cumulative impacts dated April 10, 2004. We understand that you have agreed to make this study a part of your 401 Water Quality Certification Application. 1) NC DOT is respectfully reminded that all impacts, including but not limited to, bridging, fill, excavation and clearing, to jurisdictional wetlands, streams, and riparian buffers need to be included in the final impact calculations. These impacts, in addition to any construction impacts, temporary or otherwise, also need to be included as part of the 401 Water Quality Certification Application. 3) Where streams must be crossed, the DWQ prefers bridges be used in lieu of culverts. However, we realize that economic considerations often require the use of culverts. Please be advised that culverts should be ' countersunk to allow unimpeded passage by fish and other aquatic organisms. Moreover, in areas where high quality wetlands or streams are impacted. a bridge may prove preferable. When applicable, DOT should not install the bridge bents in the creek, to the maximum extent practicable. K) Sediment and erosion control measures should not be placed in. wetlands. I L) Borrow/waste areas should avoid wetlands to the maximum extent practicable. Impacts to wetlands in borrowlwasm areas could precipitate compensatory mitigation. The 401 Water Quality Certification application will need to specifically address the proposed methods for. ' stormwater management. More specifically, stormwater should not be permitted to discharge dircutly into streams or. surface waters. N) Based on the information presented in the document, the magnitude of impacts to wetlands and streams may require an Individual Permit application to the Corps of Engineers and corresponding 401 Water Quality Certification. Please be advised that a 401 Water Quality Certification requires satisfactory protection of water quality to ensure that water quality standards are met and no wetland or stream uses are ' lost. k'inal permit authorization will require the submittal of a formal application by the NCDOT and written concurrence from the NCDWQ. Please be aware that any approval will be contingent on appropriate avoidance and minimization of wetland and stream impacts to the maximum. extent practical, the development of an acceptable stormwater management plan, and the inclusion of appropriate mitigation ' plans wbere appropriate. APR-11-2005 12:31 FROM:DWO-WETLANDS 9197336893 TO:97153060 P:5/5 Tho .NCDWQ appreciates the opportunity to provide comments on your project Should you have any questions or require any additional information, please contact Nicole Thomson at (919) 715-3415. cc: Mr. Eric Alsmeyer, US Army Corps of Engineers. Raleigh Ficld Office Mr, Gary Jordan, USFWS Mr. Travis Wilson, NCWRC Central Files File Copy CAComspondwe d2005 EA, EIS, FONS1\tj.441 OMEnviroatmeallil Assessment Apr 05 MEMORANDUM MULKEY ENGINEERS St C[DNSL---7!A.14TS TO: Nicole Thomson, NC Division of Water Quality FROM: Liz Kovasckitz, Mulkey Engineers & Consultants 11 L DATE: April 27, 2005 SUBJECT: NCDOT TIP Project No. U-4410 D Louis Stephens Drive Extension and Hopson Road Realignment and Extension, Research Triangle Foundation Project RTF-7 On April 26, 2005 we met to discuss the comments submitted by the Division of Water on the Environmental Assessment (EA) prepared for the subject project. At the conclusion of our meeting you indicated that all issues raised in your April 11, 2005 letter to Melba McGee were satisfactorily addressed during our meeting. The purpose of this memo is to document our responses to DWQ comments on the EA and/or provide reference as to why responses are unnecessary as discussed in our meeting. Comment A: After reviewing the proposed plans, previous permit submittals, and meetings that have occurred in the past, it was agreed that no additional DWQ permits are required for the project. Per your request, we are attaching a copy of the correspondence documenting S&EC's site meeting with Todd Tugwell of the US Army Corps of Engineers (USACE) where he confirmed S&EC's delineation and isolated wetland determinations (see attached S&EC correspondence dated 2/24/04). Comment B: The three wetlands discussed in the EA are shown in the S&EC correspondence referenced in item A above. One wetland was determined to be isolated (inset 1), and since the project impacted less than 0.1 acre of isolated wetland, did not require authorization from DWQ. However, as a courtesy S&EC did notify DWQ of our client's intention to impact this area (see attached S&EC correspondence to John Dorney of DWQ dated 5/28/04). One wetland was determined not to meet wetland criteria due to lack of hydric soils (inset 2). The third is avoided by the project (inset 3). The plans included in Appendix C of the EA show a wetland on sheet RTF 6-6. This wetland was determined not to meet wetland criteria and should have been removed from the plans. The wetland shown on plan sheet RTF6-10 is an isolated wetland that occurs in a power line easement outside of the project area. Comment M: Since the project is in the Cape Fear River Basin and not the Neuse River Basin, we agreed that direct discharges of stormwater are not prohibited and therefore no additional response is required to this item. Because no further authorization is required from DWQ, we agreed that the remaining comments do not require responses. MULKEY INC. 6750 TRYON ROAD CARY, NC 2751 1 PO BOX 331 27 RALEIGH, NC 27636 PH: 91 9-851-1912 FAX: 919-651-1 918 WWW.MULKEYINC.COM th As requested in the meeting, we are providing the DWQ project number for the Mount Vernon ' Springs mitigation site, the design for which was reviewed and approved by DWQ. The number is DWQ # 01-1206. The mitigation site has been constructed per the approved plan. The site is being used to provide DWQ and USACE required mitigation for this project and for a lake project at Research Triangle Park. Thank you very much for meeting with us so quickly and agreeing to respond promptly to this memo in order to resolve this matter. We apologize that the information was not presented as clearly as it could have been, but as you have seen, it is a fairly unique and complex situation. If you have any questions, please call me at (919)858-1808. My email address is lkovasckitz mulkeyinc.com and my fax number is (919) 851-1918. cc: Kevin Martin, S&EC Vince Rhea, NCDOT Liz Rooks, RTF Don Morton, Mulkey Cindy Carr, Mulkey 2001109.01 file 2 1"IrR-{LV LVVJ LZ. 11 1 1\V, .. V?V ?\V . u x ....rv rr.r . w???r? of WAT?q Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of ErMronrnent and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality April 2S, 2005 MEMORANDUM ' To: Melba McGee From. Nicole Thomson ' Subject: Addendum to Comments on the Environmental Assessment related to the Louis Stephens Drive Extension and Hopson Road Realianmeat and Extension in Durham and Wake Counties, Sate Project No. 35021.2.1, TIP U-4410 b, DENR Project Number 05-0246. ' This office has reviewed the referenced document. The Division of Water Quality (DWQ) is responsible for the issuance of the Section 401 Water Quality Certification for activities that impact Waters of the U.S., including wetlands. After meeting with Liz Kovasekitz and Cindy Carr of Mulkey Engineers & Consultants and Kevin Martin of S&EC on April 26, 2005, it is our understanding that the project as presented will result in no impacts to jurisdictional wetlands and streams. The DWQ offers the following comments based on review of the aforementioned document and subsequent meeting: ' A) According to the document, in March of 2001 the NCDWQ issued a waiver of 401 Water Quality Certification for AWQ Project No. 01-0053. A total of 1,062 linear feet of stream impactrs were authorized under that waiver for the Louis Stephens Drive and South Loop Road project. NCDOT is respectfully ' reminded that only those impacts were authorized under the original 401 Water Quality Certification as described in the original application dated received January 19, 2001. Any new impacts and construction activities beyond thase listed is the original application will require a new 401 Water Quality Application submittal. Review of the document shows that there will be new impacts to streams and wetlands for the ' proposed project, thus an application for a 401 Water Quality Certification will be required. A meeting with Liz Xovasckitz, Cindy Carr and Kevin Martin on April 26, 2005 demonstrated through previous permit submittals and meetings with both John Dorney of NC DWQ and Todd Tugwell of ' USACOE that the abovementioned project would not result in any additional impacts to wetlands or streams and therefore, no 401 Water Quality Certification would be required. ' 13) According to the document, three small forest wetlands were delineated in the project area. Two of the wetlands were determined to be either isolated or not under US Army Corps of Engineers jurisdiction. Pursuant to 15A NCAC 2H, Section .1300, NCDOT is respectfully reminded that a NCDWQ staff member will need to verify the presence or absence of any isolated wetlands. Furthermore, should isolated wetlands be impacted due to construction activities, a State General Permit for Impacts to Isolated Wetlands and Isolated Waters will be required. A meeting with Liz Kovasckitr., Cindy Carr and Kevin Martin on April 26, 2005 demonstrated that i d d re not requ i impacts to the one isolated wetland on the project would be less tban 0.1 acres and therefore authorisation from DWQ, per correspondence from John Domey dated May 28, 2004. In addition, 2 wetlands on the project were determined to not meet wetland criteria. a third wetland is avoided completely by the project and the final wetland is an, isolated wetland that occurs outside of the project area. Since the impacts to the isolated wetland will be less than 0.1 acres. no State General Permit for Impacts to Isolated Wetlands and Isolated Waters will be required. In addition, as there are no additional wetland impacts, no ' 401 Water Quality Certification is required. ?°rhCurvI- Transportation Permgfing Unit +' 'd?l[r 1116 ' 1650 Mall Sarvka Center. Ralalgh. North Carolina 27689.1650 2321 Crabtre9 Boulevard, Suite 250, Raleigh, North Cdrorma 27604 Phone: 919.739.17861 FAX 919.733-6693! Internet httnJ/h2o.enr.state.ne.ustnewedands I An Equal OpporhmItylAMrmative Action Employer-50% pacyclee1110%Post Consumer Paper WK-e-d-r-'UM 14:1d hKUM: UWU-Wt 1 LHNU5 919 f33bb"zU I U: y1i511J1U P: 3/5 C) The document does not present any mapping that shows the location of wetlands and streams. In addition, the document does not give any specified amount of anticipated impacts to wetlands and streams. Until the DWQ has a map that clearly displays all the wetlands, strearns, and otber surface waters located im tba project, with the proposed project superimposed onto those resources, we cannot agree that appropriate avoidance and minimization has occurred for this project. As such, issuance of the 401 Water' Quality Certification for this project could be delayed until ft information is provided to the DWQ for review, and we are convinced that all appropriate avoidance and minimization has occurred for this project. A meeting with Liz Kovascldtz, Cindy Carr and Kevin Martin on April 26, 2005 demonstrated through previous permit submittals and meetings with both John Dorney of NC DWQ and Todd Tugwell of USACOE that the abovemcntiored project would not result In, any additional bmpacts to wetlands or streams and therefore, no 401 Water Quality Certification would be required. D) After the selection of the preferred alternative and prior to an issuance of the 401 Water Qualify Certification, the NCDOT is respectfully reminded that they will need to demonstrate the avoidance and minimization of impacts to wetlands (and streams) to the maximum extent practical. Furthermore, wetland mitigation may be required for this project. A meeting with Liz Kovasckitz. Cindy Carr and Kevin Martin on April 26, 2005 demonstrated tb rougb previous permit submittals and meetings with both John Doivey of NC DWQ and Todd Tugwell of USACOE that the abovementioned project would not result i? any additional impacts to wetlands, therefore satisfying the reed to demonstrate avoidance and minimization of impacts- In addition, ae there are no new additional impacts to wetlands, no additional wetland mitigation will be required for this project. E) In accordance with the Environmental Management Commission's Rules (15A NCAC 2H.0506(b)(6) },. mitigation will be required for cumulative impacts of greater than 1501inear feet to any single perennial stream. In the event that mitigation is required, the mitigation plan should be designed to replace appropriate lost functions and values- In accordance with the Environmental Management Commission's Rules (15A NCAC 2H.0506 (h)(3) ), the NC Ecosystem Enhancement Program may be available fbr use as stream mitigation. A meeting with Viz Kovasckitz, Cindy Carr and Kevin Martin on April 26, 2005. demonstrated through previous permit submittals and meetings with both John Dorney of NC DWQ and Todd Tugwell, of USACOE that the abovementioned project would not result in any additional impacts to streams, therefore no additional stream mitigation will be required for this project. .T.) As, part of, the 401 Water Quality Certification Application proccm, NC DOT is respectfully reminded to include specifics for both onsite and offsife mitigation plans. If mitigatiori is required, it is preferable to present a conceptual (if not finalized) mitigation plan with th6 environmental documentation. While NCDWQ realizes that this may not always be practical, it should be noted that for projects requiring mitigation, appropriate mitigation plans will be required in conjunction with the issuance of a 401 Water Quality Certification. A meeting with Liz Kovascldtz, Cindy Carr and Kevin Martin on April 26, 2005 demonstrated through previous permit submittals and meetings with both John Dorney of NC DWQ and Todd Tugwell of USACOE that the abovemelntioned project would not result in any additional impacts to wetlands or streams and therefore, no additional n itigation is required. Furthermore, the Mount Vernon Springs Mitigation site (DWQ No. 01-1206) was reviewed ajad approved by DWQ for previous impacts to prior phases of this project. The required mitigation site has been constructed per the approved plan. ' C3 Futurc documentation, including the 401 Water Quality Certification APplication should include an itemized listing of the proposed wetland and stream impacts with contsponding mapping. A meeting with Liz Kovasckitz, Cindy Carr and Kevin Martin on April 26, 2005 demonstrated through previous permit submittals and meetings with both John Dorney of NC DWQ and Todd Tugwell of USACOE that the abovementioned project would not result in any additional impacts to wetlands or streams and therefore, no 401 Water Quality Certification would be required. H} An analysis of cumulative and secondary impact-. anticipated as a result of this pra ject is required. The type and detail of analysis should conform to the NC Division of Water Quality Policy on the assessraeut of secondary and cumulative impacts dated April 10, 2004. We understand that you have agreed to make this study a part of your 401 Water Quality Certification Application. ' A meeting with Liz Kovasckitz, Cindy Carr and Kevin Martin on April 26, 2005 demonstrated through previous permit submittals and meetings with both John Dorney of NC DWQ and Todd Tugwell of USA.COB that the abovementioned project would not result in any additional impacts to wetlands or streams and therefore, no 401 Water Quality Certification would be required. )) NC DOT is respectfully reminded that all impacts, including but not limited to, bridging, fill, excavation and clearing, to jurisdictional wetlands, streams, and riparian buffers need to be included in the final impact ' calculations. These impacts, in addition to any construction impacts, temporary or otherwise, also need to be included as part of the 401 Water Quality Certification Application. ' A meeting with Liz Kovasckitz, Cindy Carr and Kevin Martin on April 26, 2005 demonstrated through previous permit submittals and meetings with both John Dorney of NC DWQ and Todd Tugwell of USACOE that the abovementioned project would not result in any additional impacts to wetlands or streams and therefore, no 401 Water Quality Certification would be required. J) Where streams must be crossed, the DWQ prefers bridges be used in lieu of culverts. However, we realize that economic considerations often require the use of culverts. Please be advised that culverts should be countersunk to allow unimpeded passage by fish and other aquatic organisms. Moreover, in areas where high quality wetlands or streams are impacted, a bridge may prove preferable. When applicable, DOT should not install the bridge bents in the creek, to the maximum extent practicable. ' A meeting with Liz Kovasckitz, Cindy Carr and Kevin Martin on April 26, 2005 demonstrated through previous permit submittals and meetings with both John Dorney of NC DWQ and Todd Tugwell of USACOE that the abovementioned project would rot result in any additional impacts to streams and ' therefore, no bridges or culverts are necessary. K) Sediment and erosion control measures should not be placed in wetlands. ' A matting with Liz Kovasekit7. Cindy Carr and Kevin Martin on April 26, 2005 demonstrated through previous permit submittals and meetings with both John Dorney of NC DWQ and Todd Tugwell of USA.COE that the abovementioned project would not result in any additional impacts to wetlands. L) Borrow1waste areas should avoid wetlands to the maximum extent practicable. Impacts to wetlands in borrowlwasstc areas could precipitate compensatory mitigation. A meeting with Liz Kovasckitz, Cindy Carr and Kevin Martin on April 26. 2005 demonstrated through previous permit submittals and meetings with both Tohn Dorney of NC DWQ and Todd Tugwell of USACOE that the abovementioned project would not result in any additional impacts to wetlands. Ht'FK-dU-dUUt> 14:16 t-HUM: UWU-Wk:I L_HNUS 'J17 r-%5bU'J6 I U: 7GJ11'ylti r: Yb The 401 Water Quality Certification application will need to specifically address the proposed methods for stormwater management. More specifically, stormwater should not be permitted to discharge directly into streams or surface waters. A meeting with Liz Kovaseldtz, Cindy Carr and Kevin Martin on April 26, 2005 pointed out that this project is within the Cape Fear River Basin and not the Neuse River Basin, therefore the direct discharge of stormwater to streams or surface waters is not prohibited. N) Based on the information presented in the document, the magnitude of impacts to wetlands and streams may require an Individual Permit application to the Corps of Engineers and corresponding 401 Water Quality Certification. Please be advised that a 401 Water Quality Certification requires satisfactory protection of water quality to ensure that water quality standards are met and no wetland or stream uses are lost. Final permit authorization will require the submittal, of a format application by the NCDOT and written concurrence from the NCDWQ. Please be aware that any approval will be contingent on appropriate avoidance and minimization of wetland and stream impacts to the maximum extent practical, the development of an acceptable stormwater management plan, and the inclusion of appropriate mitigation plans where appropriate. A mrcting with Liz Kova el itz, Cindy Carr and Kevin Martin on April 26, 2005 demonstrated through previous permit submittals and meetings with both John Donpey of NC DWQ and Todd Tugwell. of USACOE that the aboveram ioned project would not result i? any additional impacts to wodan& or streams and therefore, no Individual Permit from the Corps An' ineers or 401 Water Quality Certification would be required. The NCDWQ appreciates the opportunity to provide comments on your project- Should you have any questions or roquirc any additional inforrhation, please contact Nicole Thomson at (919) 715-3415. cc: b&. Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Of im Mr. Gary Jordan, USFWS lift. Travis Wilson, NCWRC Mr. Kevin Martin, S&EC, I ID1 Raven Ridge Rd, Raleigh, NC 27614 Xr.. Elizabeth Kovasclcitz, AICP, Planning Group Manager. 6750 Tryon Rd, Cary, NC 27511 Ms. Cindy Carr, Natural Resources Project Manager, 45750 Tryon Rd, Cary, NC 27511 Mr. Mince Rhea, PE, NCDOT FDEA Ms. Gail Grimes, Pi:. NCDOT PDEA Central Files File Copy ClCortrspondcacc%2005 AA, EIS, MNS11U441OD\ft iroatmcntal'As%cssmcnt Addendum Apr 05 L MEMORANDUM MULE ENGINEERS &'S UVrAN ?Q o o s TO: Nicole Thomson, NC Division of Water Quality FROM: Liz Kovasckitz, Mulkey Engineers & Consultants DATE: April 27, 2005 SUBJECT: NCDOT TIP Project No. U-4410 D Louis Stephens Drive Extension and Hopson Road Realignment and Extension, Research Triangle Foundation Project RTF-7 On April 26, 2005 we met to discuss the comments submitted by the Division of Water on the Environmental Assessment (EA) prepared for the subject project. At the conclusion of our meeting you indicated that all issues raised in your April 11, 2005 letter to Melba McGee were satisfactorily addressed during our meeting. The purpose of this memo is to document our responses to DWQ comments on the EA and/or provide reference as to why responses are unnecessary as discussed in our meeting. Comment A: After reviewing the proposed plans, previous permit submittals, and meetings that have occurred in the past, it was agreed that no additional DWQ permits are required for the project. Per your request, we are attaching a copy of the correspondence documenting S&EC's site meeting with Todd Tugwell of the US Army Corps of Engineers (USACE) where he confirmed S&EC's delineation and isolated wetland determinations (see attached S&EC correspondence dated 2/24/04). Comment B: The three wetlands discussed in the EA are shown in the S&EC correspondence referenced in item A above. One wetland was determined to be isolated (inset 1), and since the project impacted less than 0.1 acre of isolated wetland, did not require authorization from DWQ. However, as a courtesy S&EC did notify DWQ of our client's intention to impact this area (see attached S&EC correspondence to John Dorney of DWQ dated 5/28/04). One wetland was determined not to meet wetland criteria due to lack of hydric soils (inset 2). The third is avoided by the project (inset 3). The plans included in Appendix C of the EA show a wetland on sheet RTF 6-6. This wetland was determined not to meet wetland criteria and should have been removed from the plans. The wetland shown on plan sheet RTF6-10 is an isolated wetland that occurs in a power line easement outside of the project area. Comment M: Since the project is in the Cape Fear River Basin and not the Neuse River Basin, we agreed that direct discharges of stormwater are not prohibited and therefore no additional response is required to this item. Because no further authorization is required from DWQ, we agreed that the remaining comments do not require responses. MULKEY INC. 6750 TRYON ROAD CARY. NO 27511 PO BOX 33127 RALEIGH. NO 27636 PH: 919-651-1912 FAX: 919-851-1918 WWW.MULKEYINC.COM As requested in the meeting, we are providing the DWQ project number for the Mount Vernon Springs mitigation site, the design for which was reviewed and approved by DWQ. The number is DWQ # 01-1206. The mitigation site has been constructed per the approved plan. The site is being used to provide DWQ and USACE required mitigation for this project and for a lake project at Research Triangle Park. Thank you very much for meeting with us so quickly and agreeing to respond promptly to this memo in order to resolve this matter. We apologize that the information was not presented as clearly as it could have been, but as you have seen, it is a fairly unique and complex situation. If you have any questions, please call me at (919)858-1808. My email address is lkovasckitzQmulkeyinc.com and my fax number is (919) 851-1918. cc: Kevin Martin, S&EC Vince Rhea, NCDOT Liz Rooks, RTF Don Morton, Mulkey Cindy Carr, Mulkey 2001109.01 file 2 --a-----m.®a.0o m®a. .mosoo?c RTF Attention: Ms. Liz Rooks 2 Hanes Drive PO Box 12255 Research Triangle Park, N.C. 27709 /er?_ 1yiC February 24, 2004 S&EC Project # 1625. WO Barbra Mulkey Engineering Attention: Cindy Carr 7504 E. Independence Blvd Suite 101 Charlotte, N.C. 28227 Re: USACE Wetland Delineation Verification Meeting for the property known as the Hopson Road Realignment Site, Durham County, North Carolina Dear Ms. Rooks: On February 11, 2004, Mr. Todd Tugwell of the USAGE, and I reviewed the streams and wetlands on the property. Mr. Tugwell determined that the stream shown on Inset 3 is perennial. Mr. Tugwell also determined that the marginal wetland areas depicted on Inset 1 and 2 are not jurisdictional (see attached maps) due to the lack of hydric soils. The linear wetland on-site (flagged with flag numbers 100-107) was determined to be isolated. These determinations should be reflected in the impact maps prepared for the permit submittal. Additional Services If you choose to have us perform additional work, we can assist you with notification to the USACE and DWQ regarding impacts to wetlands and permitting issues, if required. This additional work can be completed at our hourly rates or a proposal can be generated. Please advise. Please call if you need further explanation. Sincerely, Sean Clark Attachments: 1) Corrections to Wetland Map 2) Insets 1-3 C: Todd Tugwell, USACE Charlotte Office: Greensboro Office:. Hickory Office: 236 LePhillip Court, Suite C 3817-E Lawndale Drive 622 Coon Mountain Lane Concord, NC 28025 Greensboro, NC 27455 Taylorsville, NC 28681 Phone: (704) 720-9405 Phone: (336)540-8234 Phone: (828) 635-5820 Fax.: (704) 720-9406 Fax: (336) 540-8235 Far.: (828) 635-5820 xawrl ww"M 1o7 ?vl 'ioo- ?'00- %60100 t3 , ,--,Lee Rum Soil & Environmental Consultants, PA EM 11010 Raven Ridge Road, Raleigh, North Carolina 27614 Phone: (919) 846-5900 Fax: (919) 846-9467 Project: Hopson Road Realirnment / 5&EC Project # 1625 U Q ti L_ T 7 Z G L C C ? U Vy ? A O u U vQi E a 9 u c C °u y h E d L r e E L GL] U I = ° ? ? U E E a ? E E ` C o V ? 9 d C „d+ u .? y .? ? C n F fi O 7 Z Q .? LFsl C COl , E N ° Q GT] Q E Q fr] F O N C fr] F O Q Q 0 U Z R• O Q a a ? = a a „ c n ¢ n ° ° m n c „ ? l Preliminary Wetland Approximation Suitable for Preliminary Planning Only S&EC reserves the right to modify this map based on more fieldwork PV s?y l y® SCALE surveyed delineations and any other additional information. Approximations were mapped using topographic maps and ground trulhing. If these areas are to be used, they must be app-ed and Permitted by the U.S. Army Corps or Engineers. P? I-si S E 7 Z mS.1 Soery Soil & Environmental Consultants, PA 11010 Raven Ridge Road, Raleigh, North Carolina 27614 Phone: (919) 846-5900 Fax: (919) 546-9467 Project: Hopson Road Realignment / S&EC Project 0 1625 Preliminary Wetland Approximation Suitable for Preliminary Planning Only S&EC reserves the right to modify this map based on more field,vork, surveyed delineations and any other additional information. Approximations were mapped using topographic maps and ground Uuthing. If these areas are to be used, they must be approved and Permitted by the U.S. Army Corps or Engineers. kbA?& eitAp, -000 Of $10 00CLO 00T (tys S4 LEGEND: I--,f= WATERS OF THE U.S. fix, intermittent streams; must be confirmed by the USACE] r ,` =WATERS OF THE U.S. [i.e, perennial streams; must be confirmed by the USACE] ?Z= MARGINAL WATERS OF THE U.S. [i.e., ephemeral/intermittent streams; must be confirmed by the USACE =JURISDICTIONAL WETLANDS [must be confirmed by the USACE) /1 = MARGINAL WETLANDS Imust be confirmed by the USACE] = BOUNDARY OF EVALUATED AREA 0 Noy 7.0 SCALE Ii?s s? 7' 3 2oa8 ? ?2 .^ s 9 l???l ntyo? , Z12 :"t a IN 4 uol s?P sc-?.*.. w U Q h v r T .n u c L e 0 ? u U ay U ,O to E a, ? E a a T u d a y fr] E a U L W c. E o W a u a,,,Li s 4 h E a, a E E E ? ? y E y ? v a a, E h L u a L a ? w c a F Z d d Q E F L-1 fs1 ??•. -? F ? Q F o > o v. L. O O F , C C W Z U Z Q Q Q Q C i O M. Soil & Environmental Consultants, PA 11010 Raven Ridge Road, Raleigh, North Carolina 27614 IM Phone: (919) 846-5900 Fax: (919) 846.9467 Project: Hopson Road Realignment / S&EC Project @ 1625 Preliminary Wetland Approximation Suitable for Preliminary Planning Only S&EC reserves the right to modify this map based on more fieldwork, surveyed delineations and any other additional information. Approximations were mapped using topographic maps and ground tmthing. If these areas are to be used, they must be approved and Permitted by the U.S. Army Corps of Engineers. • Soil & Environmental Consultants, PA 11010 Raven Ridge Road, Raleigh, North Carolina 27614 Phone: (919) 846-5900 Fax: (919( 846-9467 Project: Hopson Road Realignment I S&EC Project ti 1625 Preliminary Wetland Approximation Suitable for Preliminary Planning Only Si reserves the right to modify this map based on more fieldwork, surveyed delineations and any other additional information. Approximations were mapped using topographic maps and ground truthing. If these areas are to be used, they must be approved and Permitted by the U.S. Army Corps of Engineers. i I. I JAL l ? lr {,}r to See Inset I ONLY WC-TtArs! D [ Ttw% CXJ10'rl LEGEND: = WATERS OF THE U.S. [i.e., intermittent streams; must be confirmed by the U ;e1A X02Xj?S CA I'D h U.?•?. 1 U?[ ? • .vim WATERS OF THE U.S. [i.e., perennial streams; must be confirmed by the USA J =MARGINAL WATERS OF THE U.S. [i.e., ephemeral/intermittent streams; mu 1;AJ ?•? uueli ?j =JURISDICTIONAL WETLANDS [must be confirmed by the USACE) (J =MARGINAL WETLANDS [must be confirmed by the USACE] = BOUNDARY OF EVALUATED AREA !4; "- FAIJ lol 11 9. 4 I LLJ I M " ryl ?? .? t r?e•?f ?9 ? F ` e w,,rr M f o ..+MrMr ? . •,?,,,.•"' .! ? .fir i Ilk 'Mrs b t+' "V f ? .'M!a SFr ?qy ?? :.? ? ?A PG S V p PERMITTED AND DELINEATED r e r;3?c?'asr ' ?;• ?', +' ?Cy WWWIWIWWIWWIWWIIWW DELINEATED v NOT DELINEATED YET See Inset 3 AI END ROAD XIS1 See Inset 2 O HAA •- o° M ?rt i + 11 ??jj•• r '4•.t yy?o(s? y f ' ??? ?•1 7 % .-?- „r` . ?ti. 2-- 0--co 11 ; ? k CON %.0 r A E??CS-SO?' O TION +F,j(2I J .., . ,4 or r 01 o \\1U t r`?`?'. i I Jrr J? 7 ? X11& ?'"..ss„?+' 111 f r._ I 4i 1tFt y??` 11 ?1? t GRAPHIC SCALE 1 " = 500' 500 0 500 1000 , AC 9 -#E Ll XIS'fl A M _. .i , Wetland Delineation Performed By: Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 (919) 846-5900 Project/Site: Hopson Road Realignment Site / S&EC Project # 1625. WO Plot ID: Marginal area SOILS Map Unit Name Drainage Class: Moderately Well Drained (Series and Phase): White Store Field Observations Taxonomy (Subgroup): Vertic hapludult Confirm Mapped Type? Yes No Profile Description: Depth Matrix Color Mottle Color Mottle Texture, Concretions, inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-12 A 10YR 6/3 10YR 5/8 Common, fine,distinct Clay Loam Hydric Soil Indicators: _ Histosol Concretions Histic Epipedon High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils _ Aquic Moisture Regime Listed on Local Hydric Soils List - Reducing Conditions Listed on National Hydric Soils List _ Gieyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: The soils do not meet the criteria for hydric soil. WETLANDS DETERMINATION Hydrophytic Vegetation Present? X Yes No Is this sampling point within a wetland? Wetland Hydrology Present? X Yes No Yes X No Hydric Soils Present? Yes X No -Remarks: Due to a lack of hydric soil, this area does not meet the criteria for a jurisdictional wetland. IL- .1 Wetland Delineation Performed By: Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 (919) 846-5900 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Hopson Road Realignment Site / S&EC Project # 1625. WO Date: 2/16/04 Applicant/Owner: Research Triangle Institute County: Durham Investigator: SC State: N.C. Do Normal Circumstances exist on the site? X Yes No Community ID: Bottomland Forest Is the site significantly disturbed (Atypical Situation)? Yes X No Transect ID: Is the area a potential Problem Area? Yes X No Plot ID: _ Marginal Area If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Liquidambarstyraciflua Tree FAC+ 9. 2. Acer rubrum Tree FAC 10. 3. Acer rubrum Sapling FAC 11. 4. Pinus taeda Tree FAC 12. 5. Toxidrum radicans Vine FAC 13. 6. Lonicera japonica Vine FAC- 14. 7. Smilax rotundifolia Vine FAC 15. 8. Eulalla viminea Herb. FAC+ 16. Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-): 88% Remarks: The vegetation meets the criteria ( ? 50% or more OBL, FAG or FACW) for hydrophytic vegetation. HYDROLOGY _ Recorded Data (Describe in Remarks): _ Stream, Lake or Tide Gauge Aerial Photographs Other X No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: Inundated _ Saturated in Upper 12 Inches _ Sediment Deposits X Drainage Patterns in Wetlands Field Observations: Secondary Indicators (2 or more required): _ Oxidized Root Channels in Upper 12 Inches Depth of Surface Water: N/A (in.) Water-Stained Leaves Local Soil Survey Data Depth to Free Water in Pit: > 12 (in.) FAC-Neutral Test _ Other (Explain in Remarks) Depth to Saturated Soil: > 12 (in.) Remarks: There are sufficient field indicators present to indicate wetland hydrology. ?4 tpa Soil & Environmental Co ili tit , PA 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-??? I)Fax. (919) 846-9467 www.SandEC.com RB,QgN Cy May 28, 2004 S&EC Project #1625.W0 NCDENR-DWQ Attn: Mr. John Dorney 2321 Crabtree Blvd Parkview Building Raleigh, NC 27604 RE: Louis Stephens Drive extension & Hopson Road realignment Research Triangle Park, Durham County, North Carolina Dear Mr. Dorney: On behalf of the Research Triangle Institute, we submit this courtesy notification to inform you of the applicant's intent to impact 173.3 square feet (less than 0.01 acre) of an isolated linear wetland in order to realign Hopson Road. Attached, please find a completed Pre-Construction Notification, Agent Authorization Form, and other items as described below. The proposed project will extend Louis Stephens Dr. North to Hopson Road, and realign Hopson Road, to accommodate commuter traffic. The project is at the intersection of Hopson and Louis Stephens Dr. From I-40, take exit 278 and turn south onto NC 55. Turn Left (East/Northeast) onto T.W. Alexander Dr., then Right (South) onto Hopson Rd. The applicant pursued several means to minimize, or where possible eliminate, impacts to wetlands and jurisdictional features. A Natural Resources Technical Report prepared by another consultant, and a detailed wetland delineation conducted by S&EC, enabled the applicant to avoid impacts to jurisdictional waters. As a result, the applicant does not require a permit for the proposed activities. Sincerely, Sean Clark Environmental Scientist Attachments: PCN Agent Authorization Form Impact maps & tables (4 pages) Charlotte Office: Greensboro Office: Hickory Office: 236 LePhillip Court, Suite C 3817-E Lawndale Drive 622 Coon Mountain Lane Concord, NC 28025 Greensboro, NC 27455 Taylorsville, NC 28681 Phone: (704) 720-9405 Phone: (336) 540-8234 Phone (828) 635-5820 J Office Use Only: USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or 1. Processing A_ 0 4r 0 1. Check all of the approval(s) requested for this project: ? Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ? 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: None; courtesy notification 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: Ms. Liz Rooks Mailing Address: Research Triangle Foundation 2 Hanes Dr. P.O. Box 12255 Research Triangle Park NC 27709 Telephone Number: (919) 549-8181 Fax Number: (919) 549-8246 E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Sean Clark Company Affiliation: Soil & Environmental Consultants PA Mailing Address: 11010 Raven Ridge Road Raleigh NC 27614 Telephone Number: (919)846-5900 Fax Number: (919)846-9467 E-mail Address: SClark SandEC com Page 1 of 8 10. Describe the overall project in detail, including the type of equipment to be used: The project will extend Louis Stephens Dr. North to Hopson Road, and realign Hopson Road, to better accommodate commuter traffic. 11. Explain the purpose of the proposed work: The project is needed to better accommodate commuter traffic and reduce traffic flow problems in the area. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. The areas in and around the proposed routes were reviewed by Mr. Todd Tugwell of the USACE During this site meeting the area with the proposed impacts was determined to be isolated No other 401/404 permits have been issued in this area for the proposed activities. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. The applicant does not anticipate requesting additional permits to complete the proposed project. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream Page 3 of 8 NA I NA I NA I NA I NA * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): NA Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): NA Size of watershed draining to pond: NA Expected pond surface area: NA VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The applicant moved an earlier proposed alignment of Hopson Road to use existing culverts and crossings eliminating impacts do to the realigpment. Extending Louis Stephens Drive will ease traffic tie-ups The applicant has provided sound environmental stewardship since the inception of Research Triangle Park and the drastically minimized impact to an isolated wetland and the complete avoidance of impacts to a perennial stream displays the same sort of conscientious effort. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of Page 5 of 8 Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 NA 3 NA 2 NA 1.5 NA Total NA * Zone 1 extends out 30 feet perpendicular trom near bank or cnannei; tone Z extenas an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. XI. Stormwater (required by DWQ) Page 7 of 8 08/01/2001 14:06 9198469467 S&EC PAGE 02 APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT I OMB APPROVAL NO. 0710-003 (33 CFR 326) Expires October 1996 Public reporting burden for this collection of information is estimated to average 6 hours per response, including the time for reviewing Instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of Information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directories of Information Operations and Reports, 1215 Jefferson Davis Highway, suite 1204, Arlington, VA 22202-4302= and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20503. Please DO NOT RETURN your form to either of those addressee. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed sctivity. PRIVACY ACT STATEMENT Authority: 33 USC 401, Section 10, 1413, Section 404. Principal Purpose: These laws required permits authorizing activities in, or affecting, navigable waters of the United States, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for the purpose of dumping It Into ocean waters. Routine Uses: Information provided on this from will be used In evaluating the application for a permit. Disclosure: Disclosure of requested Information is voluntary. If information Is not provided, however, the permit application cannot be processed not can a permit he Issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and Instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned, 9UMS I TfiRU 4 TO BE FN L60 BY THE CORPS) 1. APPLICATION NO, 2_ FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED BELOW TO BE 5. APPLICANT'S NAME Research Triangle Foundation of North Carolinz 6. APPLICANT'S ADDRESS P.O. Box 12255 Research Triangle Park, NC 27709 8. AUTHORIZED AGENT'S NAME AND TITLE (anagenrismtrsqufreo) Soil & Environmental Consultants, PA 9. AGENT'S ADDRESS 11010 Raven Ridge Rd. Raleigh, NC 27614 7. APPLICANT'S PHONE NOS. W/AREA CODE 10. AGENT'S PHONE NOS. W/AREA CODE a.-? aT-Reelde?res b. Business Phone: (919) 549-8181 Fax: (919) 549-8248 b, Business Phone: (919) 846-5900 Fax: (919) 846-5900 1 1 • STATEMENT OF AUTHORIZATION I hereby authorize, Soil & Environmental Consultants. PA to act in my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this permit application. 4/. 404") APPLICANT'S SIGNATURE DATE NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE Iseein rLcdons) Research Triangle Park South Parcel Lake W5 13. NAME OF WATERBODY, IF KNOWN ptaPp)roaars) UT of Kit Creek and 14. PROJECT STREET ADDRESS orepNicadel Kit Creek NIA See attached USGS 15. LOCATION OF THE PROJECT COUNTY Wake STATE NC 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, 4500 inatnlotlonsl see attached USGS topo 17. DIRECTIONS TO THE SITE See attached USGS topo North and East of Louis Stephens Drive, South of Kit Creek Road 08/01/2001 14:06 9198469467 S&EC PAGE 03 ENG_ FORM 4346, Feb 94 EDITION OF SEPT 91 IS OBSOLETE (Pro onent: CECW-OR) 18. Nature of Activity 10eaorfovan ofaroiec4 Wfude e/1 te2tures! Construction of a Lake in a large Master Planned Commercial Development (See attached letter from Research Triangle Foundation for more detailed information). 19. Project Purpose towrtbe the reason orpurpwa er the pro/wc? *4§e inwtrvcdon#1 To complete original master plan of project as per longstanding plan (See attached letter from Research Triangle Foundation)- USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge construction of a lake via typical construction methods. 21. Type(s) of material Being Discharged and the Amount of Each Type in Cubic Yards N/A (See plans) 22. Surface Area in Acres of Wetlands or Other Waters Filled (see imvt tmm) 5.35 acres wetlands filled and 0.88 flooded, 429' important stream filled and 6187' flooded, 645' unimportant stream filled and 2697' flooded (See attached S&EC PA letter for more detailed information) 23. Is Any Portion of the Work Already Complete? Yea No X IF YES, DESCRIBE THE COMPLETED WORK 24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody llf more than can be entered here, please attach a supplemental list). Please see attached list 25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL" IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED ;her V royals (e.g. 401 Water Quality Certification, Dom Safety Permit, etc.) are in progress or are pending outcome of t is eppl cation. Would include but is not restricted to zoning, building and flood plain permits, 26. Application is hereby made for a permit or permits to authorize the work described In this application. I certify that the information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant. '5X'5 6 W'-e' 40///0/ . C tl? 0 / -(? t SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement In block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or oovers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more then five years or both. F IMULKE"Y ENGINEERS & CONSUL-rA?NTS PREPARED FOR CINDY CARR MAY ? 4 ?%/ U ,nom. °•??n.?ATF?rS?; . "INCH PLAN VIEW SITE MAP (NOT TO SCALE) RTF 6 & 7 WARE/r' DURHAM COUNTY PROJECT: 5.2661601 (R-2246C) WIDENING LOUIS STEPHENS DRIVE FROM DEVELOPMENT DRIVE TO NORTH OF HOPSON ROAD SHEET ` OF // 3/23104 LL? ,; I z ' Q ` I F-- ` ,t I I O 1 Ltd 1 ' O LLJ i , 1 ? 1 1 N J Y >. I I W a- w u N i Q W , ?1 T 1 i 1 i : I 1 L-L I j. y I 1 n - _ I 1 _ LLJ i I , p i -` Z 0 11 U. I ' u , N •. ? 1. . 1 o W > 111 ® H z 0 z ? z CA ? nnR ? Ix UK°' ® 3 cti d t' ' us v I I ?, ------ --- - --------- ----- -- ?' I INI1S? i i I I ? Eq I I ?P Z z I I t o I z N I ?? c4 c H I I ' I I i L-L w , .... I ? W ct I i s' 3??r . I ILn I N I c ;' I i I I , I I o zt ----------? - ?" li I I I ; i I I I ?I - WEB -7A I I a I I Vo I I LL;' I i i I S661 c?S I , I I I ?, I I I i Impact Type Square Feet Linear Feet Location (CH & WL) (CH Only) Site 1 CH 0 0 Site 2 JW 173.4 CH = Channel, JW = Jurisdictional Wetland F ?G?f ?7 ?0, WATF9P 'p G C? r o ? Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality July 13, 2005 MEMORANDUM To: Melba McGee From: Christina Breen Subject: Comments on the Finding of No Significant Impact related to the Louis Stephens Drive Extension and Hopson Road Realignment and Extension in Durham and Wake Counties, Sate Project No. 35021.2.1, TIP U-4410 D, DENR Project Number 05-0266. This office has reviewed the referenced document. The Division of Water Quality (DWQ) is responsible for the issuance of the Section 401 Water Quality Certification for activities that impact Waters of the U.S., including wetlands. After meeting with Liz Kovasckitz and Cindy Carr of Mulkey Engineers & Consultants and Kevin Martin of S&EC on April 26, 2005, it is our understanding that the project as presented will result in no impacts to jurisdictional wetlands and streams. It was demonstrated that impacts to the one isolated wetland on the project would be less than 0.1 acres and therefore did not require authorization from DWQ, per correspondence from John Dorney dated May 28, 2004. In addition, 2 wetlands on the project were determined to not meet wetland criteria, a third wetland is avoided completely by the project and the final wetland is an isolated wetland that occurs outside of the project area. Since the impacts to the isolated wetland will be less`,than 0.1 acres, no State General Permit for Impacts to Isolated Wetlands and Isolated Waters will be required. In addition, as there are no additional wetland impacts, no 401 Water Quality Certification is required. The NCDWQ appreciates the opportunity to provide comments on your project. Should you have any questions or require any additional information, please contact Christina Breen at (919) 733-9604. cc: Mr. Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office Mr. Gary Jordan, USFWS Mr. Travis Wilson, NCWRC Central Files File Copy C:\Correspondence\2005 EA, EIS, FONSI\U-4410D\FonsiJuly 05 Carolina Noe ; turall; Transportation Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699 1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetiands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper P S- I cj&'?, ??F- 1 LOUIS STEPHENS DRIVE EXTENSION DURH AND WAKE COUNTIES STATE PROJECT NO. 35021.2.1 T.I.P. PROJECT NO. U-441 O D RESEARCH TRIANGLE FOUNDATION PROJECT NOS. 6 AND 7 ADMINISTRATIVE ACTION FINDING OF NO SIGNIFICANT IMPACT I i AND HOPSON ROAD REALIGNMENT AND EXTENSION SUBMITTED BY THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION AND RESEARCH TRIANGLE FOUNDATION OF NORTH CAROLINA IN COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT For further information contact: Gregory J. Thorpe, Ph.D., Environmental Management Director Project Development and Environmental Analysis Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina 27699-1548 (919) 733-3141 4-A o 6 ' Date of Approval rego Thorpe, Ph.D., Environmental Management Director Project Development and Environmental Analysis BrD?? North Carolina Department of Transportation ?5 0y,2 1 1 JUL 1, 1 zoos ' DENR - WATER QUALITY WETLANDS AND STORMWATER BRANCN 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ADMINISTRATIVE ACTION FINDING OF NO SIGNIFICANT IMPACT LOUIS STEPHENS DRIVE EXTENSION AND HOPSON ROAD REALIGNMENT AND EXTENS113N DURHAM AND WAKE COUNTIES STATE PROJECT No. 35021.2.1 T.I.P. PROJECT No. U-4410 D RESEARCH TRIANGLE FOUNDATION PROJECT Nos. 6 AND 7 APRIL 2005 DOCUMENTATION PREPARED BY: MULKEY ENGINEERS & CONSULTANTS °"t ZS ®5 Date Liz Kgvlasckitz, AICP 1,J Transportation Planning Group Manager v n m r- 9'p % 6,11 S Date on Morton P.E. SEAS Fa 41 ' 4456 u Vice President, Raleigh Branch Office ®oee®1j/?Q TO- ®® 0?Q09ei9oB, ?Q' L) R DOCUMENT PREPARED FOR: North Carolina Department of Tr isportation / v "/ /t?c ate Vincent J. e , P. Project Ma ger Louis Stephens Drive Extension U-4410 D Finding of No Significant Impact Document Date: 4/27/2005 iii Date Printed: 4/27/2005 A 1 TABLE OF CONTENTS C! 1.0 Type of Action ..........................................................................................................1 2.0 Description of Proposed Action ...............................................................................2 2.1 Project Summary ............................................................................................................... 2 2.2 Preferred Alternative ........................................................................................................ 2 3.0 Summary of Special Project Commitments .............................................................9 4.0 Summary of Beneficial and Adverse Environmentl Impacts .................................11 5.0 Coordination and Comments ................................................................................13 5.1 Circulation of the Environmental Assessment ..........................................................13 5.2 Comments Received on the Environmental Assessment .........................................13 6.0 Revisions to the Environmental Assessment ........................................................15 7.0 Basis for Finding of No Significant Impact ..........................................................16 Appendix A - Agency Correspondence Referenced in the FONSI ............................17 LIST OF FIGURES Figure 1. Proposed Project ................................................................................................................. 3 Figure 2. Louis Stephens Drive Typical Section ............................................................................. 6 Figure 3. Hopson Road Typical Section .......................................................................................... 7 Louis Stephens Drive Extension Document Date: 4/27/2005 v U-4410 D Finding of No Significant Impact Date Printed: 4/27/2005 1 i i vi Document Date: 4/27/2005 Louis Stephens Drive Extension ' Date Printed: 4/27/2005 U-4410 D Finding of No Significant Impact 1 .0 TYPE OF ACTT ON ' This is a North Carolina Department of Transportation (NCDOT) Administrative Action, Finding of No Significant Impact (FONSI). ' The NCDOT has determined that this project will have no significant impact on the human or natural environment. This FONSI is based on the Environmental Assessment, which has been independently evaluated and determined to adequately and accurately discuss the environmental ' issues and impacts of the proposed project. The Environmental Assessment provides sufficient evidence and analysis for determining that an Environmental Impact Statement is not required ' for the proposed project. The NCDOT takes full responsibility for the accuracy, scope, and content of the Environmental Assessment . ' Louis Stephens Drive Extension Document Date: 4/27/2005 U-4410 D Finding of No Significant Impact Date Printed: 4/27/2005 2.0 DESCRIPTION OF PROPOSED ACTION 2.1 PROJECT SUMMARY The North Carolina Department of Transportation (NCDOT) and Research Triangle Foundation (RTF) propose to extend Louis Stephens Drive (SR 2500) from the intersection of Development Drive (SR 3093) to Hopson Road (SR 1978) and realign and extend Hopson Road from Louis Stephens Drive to NC 55 (see Figure 1). The extension of Louis Stephens Drive will be let to contract by RTF, and the extension of Hopson Road to NC 55 will be let to contract by the NCDOT. The project is included in the 2004-2010 NCDOT Transportation Improvement Program (TIP) as project number U-4410 D. The total project length is approximately 1.5 miles. The proposed project is located in Durham and Wake Counties, in Research Triangle Park (RTP), North Carolina. Connecting Hopson Road to NC 55 and extending Louis Stephens Drive to Hopson Road will provide alternate travel routes for RTP commuters and residents in the project area. The proposed action will create access to sites available for research and development in southern RTP and facilitate development of these sites. The proposed road improvements will conduct future traffic that would otherwise be assigned to existing roadways, which may minimize the rate at which increases in traffic will result in lower level of service on existing facilities. Construction of the proposed project will occur in two phases. Construction on the extension of Louis Stephens Drive is planned for completion in late 2006. This will include construction of the intersection at Hopson Road, with Hopson Road stubbed-out on the west side of the intersection. Hopson Road will be extended to NC 55 when the Research Triangle Foundation sells a site adjacent to the proposed road. The estimated completion date for the extension of Hopson Road to NC 55 is late 2006 or early 2007. 2.2 PREFERRED ALTERNATIVE Three alternatives were evaluated in the Environmental Assessment: No-Build, Louis Stephens Drive Extension and Hopson Road Realignment with At-Grade Rail Crossing, and Louis Stephens Drive Extension and Hopson Road Realignment with Grade-Separated Rail Crossing. The Louis Stephens Drive Extension and Hopson Road Realignment with At-Grade Rail Crossing is the Preferred Alternative. This alternative was selected as the Preferred Alternative for the following reasons: ¦ Only two trains per day traveling at 10 mph use the rail corridor in the project area, making conflicts between trains and motor vehicles improbable; ¦ The relocated at-grade crossing will result in improved safety over its present location; ¦ The cost savings associated with this alternative is $1,200,000; and ¦ Access to adjoining properties will be maintained. 2 Document Date: 4/27/2005 Louis Stephens Drive Extension Date Printed: 4/27/2005 U-4410 D Finding of No Significant Impact 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 a ? t 5, zG ? N WQF J s s s 0 S 8 Oad+ cl..Z Z Ov t ZC e ` W =NQ L a o° Y m ml U Y a .3 R 6 Z r rn O C_ O ? O oU 4L O:3 Z w cl to Q O~ 2 m 00-101 L. U Z 0 L 7 D The at-grade railroad crossing alternative relocates the current crossing on South Alston Avenue approximately 1,764 feet south to Hopson Road between Louis Stephens Drive and South Alston Avenue. The existing South Alston Avenue crossing is located between two curves in the road and at a curve in the railroad tracks, diminishing sight distance for trains and vehicles approaching from both directions. The relocated at-grade crossing would be situated at a straight section of track and along a straight section of roadway, improving safety. A railroad signal and ' gates similar to those used at the present crossing would be used at the new location. C C Louis Stephens Drive is proposed as a four-lane, two-way divided facility with four-foot paved shoulder sections, a 34-foot raised curb median and 12-foot travel lanes (see Figure 2). These improvements will be implemented in two construction phases, with two lanes paved and two lanes graded until future traffic warrants full service on the proposed facility. Hopson Road is designated to become a four-lane, two-way facility with shoulder section and raised curb median (see Figure 3). The 12-foot lanes will have four-foot paved shoulders and a 16-foot raised median. The anticipated posted speed for both roads is 45 mph. Louis Stephens Drive will be on a 200-foot right-of-way and Hopson Road will be on a 150-foot right-of-way. Research Triangle Foundation will convey all right-of-way it owns or controls needed for the project. The NCDOT will acquire right-of-way not owned by RTF. Total permanent right-of-way requirements for the overall project are 31.02 acres. Permanent drainage easement requirements for the project total 3.61 acres. Louis Stephens Drive Extension Document Date: 4/27/2005 U-4410 D Finding of No Significant Impact Date Printed: 4/27/2005 . c N 0 o- f LL a °o 1 0 oc? 00 ' e ? 1 1 J e.3 H . • O Q r 9 O Z Oa F. C n u O N p C --1 V a 2 jVs v o 0 LLz ia ??Z Wo 2:w p0 W Z! C NS 1 W I W CL Q V o d E? N LU ~ I V7o F. Z O a L') -7 GZ 1, 9O I 1 D 0- 1 1 00 I O r V W z ? 1? 1 Jr J r Z v ia h s 1 _ r L 1 d0 1 5p O 1 1 oz 1 1 W //^ 1 N d O O 1 1 OW Z ; 1 C ? 1 < 1 1 1 C C 1 1 N 1 1 W 1 y2 1 ? 1 1 1 1 1 1 IV f O ? 1 l i t ? 1 1 1 Z O Z_Z 00 C o ' - 0 I F I I Document Date: 4/27/2005 Louis Stephens Drive Extension ' Date Printed: 4/27/2005 U-4410 D Finding of No Significant Impact ' ¦ 3.0 SUMMARY OF SPECIAL PROJECT COMMITMENTS Durham and Wake Counties SR 2500 (Louis Stephens Drive) Extension ' from SR 3093 (Development` Drive) to SR 1978 (Hopson Road, and SR 1978 (Hopson Road) Realignment and Extension State Project No. 35021.2.1 T.I.P. Project No. U-4410 D PROJECT COMMITMENTS In addition to the standard Nationwide Permit No. 14 Conditions, the General Nationwide" ' Permit Conditions, Section 404 Only Conditions,, Regional Conditions, State Consistency Conditions, NCDOT's Guidelines for Best Management Practices for the Protection of Surface Waters, `General Certification Conditions, and Section 401 Conditions of Certification, the ' following special commitments have been agreed to by the NCDOT: i m i s P n C C ent on omm t re- struct o ' Division of Highways - Contract Services, Right-of-Way Branch The Contractor will be required to provide coverage for all work to be performed on CSZ tight- of-way per Insurance Special Provisions - CSY Transportation, Inc. 1 D ocument Date: 4/27/2005 Louis Stephens Drive Extension U-4410 D Finding of No Significant Impact Date' Printed: 4/27/2005 4.0 SUMMARY OF BENEFICIAL AND ADVERSE I 1 ENVIRONMENTL IMPACTS After review of the analysis of alternatives in the Environmental Assessment, it has been determined that the Louis Stephens Drive Extension and Hopson Road Realignment with At- Grade Rail Crossing is the least environmentally damaging, most practicable alternative. Wetlands and Surface Waters Three small wetlands were identified in the project corridor during February 2003; however these wetlands are either non-jurisdictional or avoided by the project. The United States Army Corps of Engineers issued Nationwide Permit 14 for the 91-acre project area located between Hopson Road and Davis Drive in Research Triangle Park on July 31, 2003. The permit was reauthorized on February 2, 2005 (see Appendix A). The permit authorizes 1,042 linear feet of stream channel impacts. Proposed Louis Stephens Drive will cross Long Branch and an unnamed tributary to Northeast Creek. The proposed project will pipe the streams under the road. Approximately 650 feet of stream channel will be impacted. Temporary, short-term impacts to water quality from construction-related activities include increased sedimentation and turbidity. Additional temporary, but more long-term construction related impacts to water resources include substrate destabilization, bank erosion, increased turbidity, altered flow rates, and possible temperature fluctuations within the channel due to removal of streamside vegetation. Vegetation and Wildlife Impacts to terrestrial vegetative communities consist of approximately 3.1 acres of alluvial forest; 60.2 acres of mixed hardwood forest; and 12.5 acres of man-dominated (maintained utility easement) areas. These impact estimates are based on a 400-foot wide study corridor along Louis Stephens Drive and a 300-foot wide study corridor along the Hopson Road realignment. Permanent impacts depend on final roadway design but are expected to be less based on the 200-foot right-of-way for Louis Stephens Drive and the 150-foot right-of-way for Hopson Road. Fluctuation in populations of animal species which utilize terrestrial areas is anticipated during the course of construction. Slow-moving, burrowing, and subterranean organisms will be directly impacted by construction activities, while mobile organisms will be displaced to adjacent communities. Impacts will be temporary in nature and population levels can be expected to return to pre-construction conditions once work is complete. Cultural Resources There are no known structures of historical or architectural importance located within the project area. There are no known archaeological sites within the project area. Louis Stephens Drive Extension Document Date: 4/27/2005 U-4410 D Finding of No Significant Impact Date Printed: 4/27/2005 11 Air Quality and Noise The proposed project does not result in air quality or noise impacts. Community The proposed project will not specifically harm or disproportionately affect any social group. The project area is predominantly comprised of commercial properties. There will be no impacts related to neighborhood cohesion and no relocations of homes or businesses will be necessary. The proposed project will improve accessibility to, and in, southern RTP. Current employees of RTP businesses, area residents, and emergency service providers may benefit from the increased access that the project will provide. Threatened and Endangered Species Biological conclusions of No Effect have been rendered for all protected species studied except two: N ichaux's sumac and smooth coneflower. Pedestrian surveys in the project area were completed for these species in November 2002 and June 2003. No specimens of N ichaux's sumac or smooth coneflower were located, and a biological conclusion of Not Likely to Adversely Affect was rendered for both species. The United States Fish and Wildlife Service provided written concurrence with the biological conclusions in a letter dated July 29, 2003 (see Appendix A). Cumulative Impacts The potential for project-induced land use changes for research development is high. It is likely under both the Build and No-Build Alternatives that the available developable land in the project area would, at some point in the future, convert to research-type facility use. However, the proposed project makes the available locations more easily accessible and attractive from a development standpoint. Development that occurs because of the proposed project is expected to result in positive socioeconomic impacts such as increased tax base and new employment possibilities. Resources sensitive to potential indirect and cumulative effects of the proposed project include the surface waters of Long Branch and the UT to Northeast Creek. Standards for WS-IV Water Supply Watersheds and Nutrient Sensitive Waters apply to development in the project area. Durham and Wake Counties implement land use and development controls designed to control densities and provide for stream protection buffers through measures such as erosion control and stormwater runoff control. The proposed project is located in an area designated for business development in the Research Triangle Park. Proximity to urban employment centers, planned extension of utilities, proximity to housing, and easy access to major transportation corridors, contribute to the project's potential to induce and influence growth and development. Land use controls and regulations are in place that, if properly enforced, can minimize and/or avoid potential indirect and cumulative impacts to water quality. 12 Document Date: 4/27/2005 Louis Stephens Drive Extension Date Printed: 4/27/2005 U-4410 D Finding of No Significant Impact i i 5.0 COORDINATION AND COMMENTS The Environmental Assessment for this project was approved by the North Carolina Department of Transportation on January 31, 2005. 5.1 CIRCULATION OF THE ENVIRONMENTAL ASSESSMENT The approved Environmental Assessment was circulated to the following federal, state, and local agencies for review and comments: • U.S. Army Corps of Engineers • U.S. Fish & Wildlife Service • Wake County • Research Triangle Foundation • N.C. Department of Transportation Program Development and Division 5 Opportunity for a public hearing was advertised in the Durham Herald and Raleigh News and Observer on February 3, 2005 and February 10, 2005. Notification of the opportunity to request a hearing was also sent to property owners. No requests for a hearing were received. Copies of the document and/or notification that the Environmental Assessment was available for review were also sent to the State Clearinghouse, special interest groups, and newspapers. 5.2 COMMENTS RECEIVED ON THE ENVIRONMENTAL ASSESSMENT Comments received on the Environmental Assessment are included in Appendix A. Comments were received from the following agencies: North Carolina Department of Environment and Natural Resources (NCDENR), Division of Water Quality • NCDENR, Division of Environmental Health • NCDENR, Raleigh Regional Office • North Carolina Department of Cultural Resources (no comment) NCDENR. Division of Water Ou" (DWQ Fourteen comments were received from the Division of Water Quality (NCDWQ). Representatives from firms working on the proposed project met with Nicole Thomson of the NCDWQ on April 26, 2005 to discuss her comments on the Environmental Assessment. At the conclusion of the meeting, Ms. Thomson indicated that all issues raised in her comments were satisfactorily addressed. A memorandum summarizing the meeting and an addendum to the original comments from NCDWQ are included in Appendix A. Louis Stephens Drive Extension Document Date: 4/27/2005 U-4410 D Finding of No Significant Impact Date printed: 4/28/2005 13 NCDENR Division of Environmental Health ' Comment: The relocation of the 2,100-foot waterline discussed on pages 2-10 and 3-5 must be submitted for approval by the Plan Review - Technical Services Branch. ' Response: Existing utilities will not be relocated. The information provided in the Environmental Assessment regarding utility relocations was dated and should have been omitted from the final document. This will be noted in Section 6.0 below, "Revisions to the Environmental Assessment." NCDENR Raleigh Regional Office Comment: Permit and approvals that may need to be obtained from NCDENR in order for ' this project to comply with North Carolina Law were identified. Response: Requirements are noted. ' I 1 Document Date: 4/27/2005 Louis Stephens Drive Extension ' 14 Date Printed: 4/28/2005 U-4410 D Finding of No Significant Impact 1 6.O REVISIONS TO THE ENVIRONMENTAL ASSESSMENT Sections 2.2.1, 2.2.2, and 2.3.7 in the Environmental Assessment state that the existing railroad crossing on South Alston Avenue will be relocated "approximately 225 feet" south to Hopson Road between Louis Stephens Drive and South Alston Avenue. The statements should read "approximately 1,764 feet." Sections 2.3.9 and 3.1.3 in the Environmental Assessment state that "Outside of RTF property, the NCDOT will relocate existing utilities as needed. Approximately 2,100 feet of water line and 900 feet of sewer line are expected to be relocated." These statements should be omitted from the document. Utility relocations are not anticipated as a result of the proposed project. ' The wetland identified on plan sheet RFT6-6 in Appendix C of the Environmental Assessment did not meet wetland criteria and should not have been shown on the plans as such. I i 7 1 Louis Ste hens Drive Extension Document Date: 4/27/2005 U-4410 D Finding of No Significant Impact Date Printed: 4/27/2005 15 r 7.0 BASIS FOR FINDING OF NO SIGNIFICANT IMPACT Based upon a study of the proposed project documented in the Environmental Assessment, and upon comments received from federal, state and local agencies and the public, it is the finding of the North Carolina Department of Transportation that this project will not have a significant adverse impact upon the human or natural environment. The recommended alternative for the proposed project is not controversial from an environmental standpoint. No significant impact to natural, ecological, cultural, or scenic resources are expected. The proposed project is consistent with local plans and will not disrupt any communities. These conclusions are based on a thorough analysis of the environmental impacts described in the Environmental Assessment. Based on this evaluation, it has been determined a Finding of No Significant Impact is applicable for this project. Therefore, neither an Environmental Impact Statement nor further environmental analysis is required. 16 Document Date: 4/27/2005 Louis Stephens Drive Extension Date Printed: 4/27/2005 U-4410 D Finding of No Significant Impact 1 1 APPENDIX A - AGENCY CORRESPONDENCE REFERENCED IN THE FONSI ' Louis Stephens Drive Extension Document Date: 4/27/2005 U-4410 D Finding of No Significant Impact Date Printed: 4/27/2005 17 I Document Date: 4/27/2005 Louis Stephens Drive Extension ' 18 Date Printed: 4/27/2005 U-4410 D Finding of No Significant Impact U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT ' Action ID: 200120436 200120437 County: Durham & Wake ' GENERAL PERNUT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner: Research Triangle Foundation ' Attn: Elizabeth Rooks Mailing Address: Post Office Bog 12255 Research Triangle Park, North Carolina 27709 Telephone No.: (919) 549-8181 Authorized Agent: Soil & Environmental Consultants, Inc. Attn: Mr. Kevin Martin ' Mailing Address: 11010 Raven Ridge Road Raleigh, North Carolina 27614 Telephone No.: (919) 846-5900 ' Location of property (road name/number, town, etc.): The project site is approximately 91 acres in size and is located between Hopson Road (SR 1978) and Davis Drive (SR 1999) in Research Triangle Park, North Carolina. Site Coordinates: 35.8534 °N 78.8876 °W USGS Quad: Green Level Waterway: Kit Creek and Long Branch River Basin: Cape Fear HUC: 03030002 ' Description of projects area and activity (see page 2 for a summary of authorized impacts): This permit authorizes mechanized landclearing,'excavation, installation of culverts, and the placement of fill associated with the construction of Louis Stephens Drive. Permanent impacts to wetlands and waters authorized by this permit total ' 1,042 linear feet of stream channel (768 linear feet of important channel). Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ' ? Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide or Regional General Permit Number(s): 14 14 ' Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, ' suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit,'activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. ' Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), ' prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. ' If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please'contact Todd Tugwell at telephone (919) 876-8441, ext 26. Corps Regulatory Official Date: 02102/2005 Verification Expiration Date: 02102/2007 ' Copy Furnished: ' Page 1 of 2 Determination of Jurisdiction: ? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. ' This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). ? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of ' Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Z. There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference the jurisdictional determination issued on (Action ID: ). Basis of Jurisdictional Determination: The project site contains tributaries to Long Branch and Kit Creek, which flow into Northeast Creek, a tributary to theCape Fear River, a navigable waterway. Corps Regulatory Official Date: 02/02/2005 Determination Expiration Date: 02102/2010 Summary f Authorized Impacts and Required Mitigation Action ID NWP / GP Open Water (ac) Wetland (ac) U " ortant Steam Important Stream # # Temporary Permanent Temporary Permanent Temporary Permanent Temporary Permanent 200120436 14 274 492 200120437 14 276 hn act Totals 0 0 0 0 0 274 0 768 Total Loss of Waters of the U.S. (ac) 0 Total Loss of Waters of the U.S. (h) 1042 Re aired Wetland Mitigation ac 0 Required Stream Mitigation f) 768 Permittee Additional Remarks and/or Special Permit Conditions: 1. Please note that this permit verification reauthorizes proposed impacts as previously authorized by nationwide permit on March 3, 2001 and again on July 31, 2003, with no changes to the proposed plans. 2. All Special Conditions included is the original permit verification have been completed: Mitigation for 768 linear feet of stream channel impacts associated with this permit was provided at the Mt. Vernon Springs Mitigation Site, which has been completed and is currently being monitored, in accordance with the original permit application dated January 17, 2001. Page 2 of 2 7 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh. North Carolina 27636.3726 July 29, 2003 Ms. Cindy Carr Mulkey, Inc P.O. Box 33127 Raleigh, NC 27636 Dear Ms. Carr: •? v This letter is in response to your letter of July 10, 2003 which provided the. U.S. Fish and Wildlife Service (Service) with the biological conclusion of Mulkey, Inc. that the proposed extension of Louis Stephens Drive from the intersection of Development Drive to Hopson Road and the realignment and extension of Hopson Road to NC 55 in`Durham and Wake Counties, North Carolina, is not likely to adversely affect the federally protected smooth coneflower (Echinacea laevigata) or Michaux's sumac (Rhus michazWz). These comments are provided in accordance with'section 7 of the Endangered Species:Act (ES.A) of 1973, as amended (16 U.S.C. 1531-1543). During a July 28, 2003 telephone conversation between you and Mr. Gary Jordan, it was revealed that there is no federal funding for this project. However, a permit is-required from the U.S. Army Corps of Engineers (USACE). Section 7 of the ESA requires that consultation occur between the federal action agency and the Service. Since the Federal Highway Administration is not involved in this project, the USACE becomes the federal action agency. However, you stated in the July 28 phone conversation that the USACE permit(s) have already been obtained. Based on the negative results of the surveys, and on additional information provided via telephone, the Service supports the conclusion that the project is not likely to adversely affect either the smooth coneflower or Michaux's sumac. For future consultation correspondence, :the Service recommends that biographical information on the field researchers doing the surveys be included to allow the Service to validate the qualifications of those conducting surveys. The Service appreciates the opportunity to review this project. If you have any questions regarding our response, please contact Mr. Gary Jordan at (919) 856-4520 (Ext. 32). Sincerely, Garland B. Pardue, Ph.D. Ecological Services Supervisor cc: Eric Alsmeyer, USACE, Raleigh, NC David Franklin, USACE, Wilmington, NC ' ` O,,.SG7Fs` 1 C LT _ 1 •Gp?? North Carolina Department of Administration Michael F. Easley, Governor ' Mr. Omar Sultan N.C. Department of Transportation t Program Development MSC 1534 ' Raleigh, NC 27611 Dear Mr. Sultan: The above referenced environmental information has been reviewed through the State Clearinghouse under the provisions of the North Carolina Envirolunental Policy Act. Gwynn T. Swinson, Secretary ' Re: SCH File # 05-E-4220-0266; EA; Proposed project is for Louis Stephens Drive Extension and Hopson Road Realignment and Extension in Wake County: U-4410D Attached to this letter are comments made by Department of Environment, Health, and Natural Resources (DEHNR) in the course of this review. These comments should be addressed in the Finding of No Significant Impact (FONSI) document. ' Best regards. Attachments cc: Region J April 19, 2005 5 Sincerely, Ms. Chrys Baggett Environmental Policy Act Coordinator dlailin; Address: Telephone: (919)807-2425 1301 Nlail Service Center Fax (919)733-9571 Raleigh. NC 27699-1301 State Courier-=-01-00 e-mail Chrvs.6ttggerr'uvtcnrail.net An Equal Opportnnit X: l ttrmarive.-tction Employer Location Address: I t6 Vest Jones Street Raleieh. North Carolina AGA NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor William G. Ross Jr., Secretary MEMORANDUM TO: Chrys Baggett State Clearinghouse FROM. Melba McGeer Environmental Review Coordinator SUBJECT: 05-0266 EA Louis Stephens Drive Extension and Hopson Road Realignment and Extension in Durham and Wake Counties DATE: April 12, 2005 The Department of Environment and Natural Resources has reviewed the proposed information. The attached comments are for the applicant's information. Thank you for the opportunity to review. Attachments 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-733-49841 FAX: 919-715-30601 Internet: www.enr.state.nc.us/ENR An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper i AMA I State of North Carolina INCDENR Department of Environment and Natural Resources ?tY14 (,/ 0, Reviewing Office: Project Number: - ? -02 f:, (i Due Date: INTERGOVERNMENTAL REVIEW - PROJECT COMMENTS After review 6f this project it has been determined that the DENR permit(s) and/or approvals indicated may need to be obtained in order for this project to comply with North Carolina Law. Questions regarding these permits should be addressed to the Regional Office indicated on the reverse of this form. All applications, information and guidelines relative to these plans and permits are available from the same Regional Office. PERMITS SPECIAL APPLICATION PROCEDURES or REQUIREMENTS Normal Process Time (Statutory Time Limit) Q Permit to construct & operate wastewater treatment Application 90 days before begin construction or award of construction 30 days facilities, sewer system extensions & sewer systems contracts. On-site Inspection. Post-application technical conference usual. (90 days) not discharging into state surface waters. NPDES-permit to discharge into surface water and/or Application ISO days before begin activity. On-site inspection preapplication permit to operate and construct wastewater facilities conference usual. Additionally, obtain permit to construct wastewater treatment 90 -120 days discharging into state surface waters. facility-granted after NPDES. Reply time, 30 days after receipt of plans or issue (N/A) of NPDES permit-whichever is later. I Water Use Permit I Preapplication technical conference usually necessary 30 days (N/A) 0 Well Construction Permit Complete application must be received and permit issued prior to the I 7 days installation of a well. (15 days) Dredge and Fill Permit Application copy must be served on each adjacent riparian property owner. 55 days On-site insoe^.ion. Preapplication conference usual. Filling may require Easement (90 days) - to Fill from N.C.Department of Administration and Federal Dredge and Fill Permit Permit to construct & operate Air Pollution Abatement facilities and/or Emission Sources as per 15 A NCAC N/A 60 days (2Q.0100, 2Q.0300, 2H.0600) Any open burning associated with subject proposal must be in compliance with 15 A NCAC 2D.1900 ® Demolition or renovations of structures containing asbestos material must be in compliance with 60 days 15 A NCAC 2D.1110 (a) (1) which requires notification N/A (90 days) and removal prior to demolition. Contact Asbestos Control Group 919-733-0820. Complex Source Permit required under 15 A NCAC 2D.0800 The Sedimentation Pollution Control Act of 1973 must be properly addressed for any land disturbing activity. An erosion & sedimentation 20 days control plan will be required if one or more acres to be disturbed. Plan filed with proper Regional Office (Land Quality Section) at least 30 (30 days) days before beginning activity. A fee of $50 for the first acre or any part of an acre. The Sedimentation Pollution Control Act of 1973 must be addressed with respect to the referenced Local Ordinance. I 30 days Sedimentation and erosion control must be addressed in accordance with NCDOT's approved program. Particular attention should be given to design and installation of appropriate perimeter sediment trapping devices as well as stable stormwater conveyances and outlets. Mining Permit On-site inspection usual. Surety bond filed with DENR. Bond amount varies with type mine and number of acres of affected land. Any are mined greater than 30 days one acre must be permitted. The appropriate bond must be received before (60 days) the permit can be issued. North Carolina Burning permit On-site inspection by N.C. Division of Forest Resources if permit exceeds 4 days 1 day (N/A) Soecial Ground Clearance Burning Permit-22 counties On-site inspection by N.C. Division of Forest Resources required "if more than five 1 day in coastal N.C.with organic soils. acres of ground clearing activities are involved. Inspections should be requested (N/A) at least ten days before actual burn is planned.' ? I Oil Refinina Facilities N/A 90 - 120 days ? I Dam Safety Permit PERMITS ? Permit to drill exploratory oil or gas well ? I Geophysical Exploration Permit ? I State Lakes Construction Permit 401 Water Quality Certification ? I CAMA Permit for MAJOR development ? I CAMA Permit for MINOR development .1'ECIAL APPLICATION PROCEDURES or REQUIREMENTS If permit required, application 60 days before begin construction. Applicant must hire N.C. qualified engineer to: prepare plans, inspect construction, certify construction is according to DENR approved plans. May also require permit under mosquito control program, and a 404 permit from Corps of Engineers. An inspection of site is necessary to verify Hazard Classification. A minimum fee of $200.00 must accompany the application. An additional processing fee based on a percentage or the total project cost will be required upon completion. File surety bond of $5,000 with DENR running to State of N.C. conditional that any. well opened by drill operator shall, upon abandonment, be plugged according to DENR rules and regulations. Application filed with DENR at least 10 days prior to issue of permit. Application by letter. No standard application form. Application fees based on structure size is charged. Must include descriptions & drawings of structure & proof of ownership of riparian property. N/A -------------- $250.00 fee must accompany application $50.00 fee must accompany application ? I Several geodetic monuments are located in or near the project area. If any monument needs to be moved or destroyed, please notify- N.C. Geodetic Survey, Box 27687 Raleigh, N.C. 27611 CJ Abandonment of any wells, if required must be in accordance with Title 15A. Subchapter 2C.0100. ? Notification of the proper regional office is requested if 'orphan" underground storage tanks (LISTS) are discovered during any excavation operation. ? Compliance with 1 SA NCAC 2H 1,000 (Coastal Stormwater Rules) is required. * I Other comments (attach additional pages as necessary, being certain to cite comment authority) Normal Processlime Statutory Time Limiri 30 days (60 days) 10 days (N/A) 10 days (N/A) i5-20 days (N/A) 55 days (130 days) 60 days (130 days) 22 days (25 days) 4S days (N/A) REGIONAL OFFICES Questions regarding these permits should be addressed to the Regional Office marked below_ ? Asheville Regional Office 59 Woodfin Place Asheville, N.C. 28801 (828) 251-6208 ? FayettevilieRegonalOffice- 225 Green Street, Suite 714 Fayetteville, N.C. 28301 (910) 486-1541 ? Mooresville Regional Office 919 North Main Street Mooresville, N.C. 28115 (704) 663-1699 Raleigh Regional Office 800 Barrett Drive, P.O. Box 27687 Raleigh, N.C.27611 (919) 571-4700 ? Washington Regional Office 943 Washington Square Mall Washington, N.C.27889 (252) 946-6481 ? Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, N.C.28405 (910) 395-3900 _ ? Winston-Salem Regional Office 585 Waughtown Street Winston-Salem, N.C.27107 (336) 771-4600 i? DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL HEALTH Inter-Agency Project Review Response Protect Number 05-0266 County Wake Proposed project is for Louis Stephens Dr Extension and Hopson Rd Realignment & Extension in Wake County: U-4410D Project Name NC DOT Type of Project ? The applicant should be advised that plans and specifications for all water system improvements must be approved by the Division of Environmental Health prior to the award of a contract or the initiation of construction (as required by 15A NCAC 18C .0300et. seq.). For information, contact the Public Water Supply Section, (919) 733-2321. ? This project will be classified as a non-community public water supply and must comply with state and federal drinking water monitoring requirements. For more information the applicant should contact the Public Water Supply Section, (919) 733-2321. ? If this project is constructed as proposed, we will recommend.closure of feet of adjacent waters to the harvest of shellfish. For information regarding the shellfish sanitation program, the applicant should contact the Shellfish Sanitation Section at (252) 726-6827. ? The soil disposal area(s) proposed for this project may produce a mosquito breeding ' problem. For information concerning appropriate mosquito control measures, the applicant should contact the Public Health Pest Management Section at (919) 733-6407. ? The applicant should be advised that prior to the removal or demolition of dilapidated structures, a extensive rodent control program may be necessary in order to prevent the migration of the rodents to adjacent., areas. For information concerning rodent control, contact the local health department or the Public Health Pest Management Section at (919) 733-6407. ? The applicant should be advised to contact the local health department regarding their requirements for septic tank installations (as required under 15A NCAC 18A. 1900 et. sep.). For information concerning septic tank and other on-site waste disposal methods, contact the On-Site Wastewater Section at (919) 733-2895. ? The applicant should be advised to contact the local health department regarding the sanitary facilities required for this project. 1 ? If existing water lines will be relocated during the construction, plans for the water line relocation must be submitted to the Division of Environmental Health, Public Water Supply Section, Technical Services Branch, 1634 Mail Service Center, Raleigh, North Carolina 27699-1634, (919) 733-2321. X ? For Regional and Central Office comments, see the reverse side of this form. Jim McRight PWS 03-17-05 Reviewer Section/Branch Date I S:\Pws\Angela W\Clearinghouse\Review Response Pgs 1 and 2 for input.doc DEPARTMENT OF ENVIRONMENT AND NATURALRESOURCES DIVISION OF ENVIRONMENTAL HEALTH Inter-Agency Project Review Response Project Number 05-0266 County Wake NC DOT Proposed project is for Louis Stephens Dr Project Name Type of Project Extension and Hopson Rd. Realignment Comments provided by: & Extension in Wake County: U-4410D ? Regional Program Person Regional Supervisor for Public Water Supply Section ? Central Office program person Name: Michael Douglas-Raleigh RO Telephone number: Proaram within Division of Environmental Health: Public Water Supply F-1 Other, Name of Program: Response (check all applicable): El No objection to project as proposed No comment F-I Insufficient information to complete review F-I Comments attached ?e comments below ;cs c{.css ?? z--ICS D-5 YKu s? Return to: Public Water Supply Section Environmental Review Coordinator for the Division of Environmental Health Date: C 3-17-0? - 1 1 NORTH CAROLINA STATE CLEARINGHOUSE DEPARTMENT OF ADMINISTRATION INTERGOVERNMENTAL REVIEW {r?iT - - 1a..ti STATE NUMBER: 05-E-4220-0266 F02 DATE RECEIVED: 03/09/2005 AGENCY RESPONSE: 04/13/2005 REVIEW CLOSED: 04/18/2005 MS RENEE GLEDHILL-EARLEY CLEARINGHOUSE COORD DEPT OF CUL RESOURCES ARCHIVES-HISTORY BLDG - MSC 4617 RALEIGH NC REVIEW DISTRIBUTION CC&PS - DEM, NFIP DENR LEGISLATIVE AFFAIRS DEPT OF AGRICULTURE DEPT OF CUL RESOURCES DEPT OF TRANSPORTATION TRIANGLE J COG 0'1006 4s 4, 0c, 0,4,k (mss ?v 1 5 - Y. PROJECT INFORMATION _:6 >-" APPLICANT: N.C. Department of Transportation w? cly TYPE: State Environmental Policy Act ERD: Environmental Assessment DESC: Proposed project is for Louis Stephens Drive Extension and Hopson Road Realignment and Extension in Wake County: U-4410D The attached project has been submitted to the N'. C. State Clearinghouse for intergovernmental review. Please review and submit your response by the above indicated date to 1301 Mail Service Center, Raleigh NC 27699-1301. If additional review time is needed, please contact this office at (919)807-2425. 1 1 AS A RESULT OF THIS REVIEW THE FOLLOWING IS SUBMITTED: NO COMMENT CO TS ATTACHED SIGNED BY: At DATE: '.? APR-11-2005 12:30 FROM:DWQ-WETLANDS 9197336993 `? r Q < TO:97153060 Mlohaal F, Fasley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality April 11, 2005 LE Qt IORANDUM To. Melba McGee Through: John Hennessyq? From: Nicole Thomson q-qA Subject: Comments on the Envirortmcrrtal Assessmentrelated to the Louis Stephens Drive Extension and Hopson Road Realignment and Extension in Durham and Wake Counties, Sate Project No. 35021.2.1, TIP U-4410 D, DENR Project Number 05-0266. This office has reviewed the referenced document. The Division of Water Quality (DWQ) is responsible for the issuance of the Section 401 Water Quality Certification for activities that impact Waters of the U.S., including wetlands. It is our understanding that the project as presented will result in impacts to jurisdictional wetlands and streams. The DWQ offers the following comments based on review of the aforementioned document: A) According to the document, in March of 2001 the NCDWQ issued a waiver of 401 Water. Quality Certification for DWQ Project No. 01-0053. A total of 1,062 linear feet of stream impacts were authorized under that waiver for the Louis Stephens Drive and South Loop Road project. NCDOT is respectfully rez'ded that only those impacts were authorized under the original 401 Water Quality Certification as described in thee original application dated received January 18, 2001. Any new impacts and construction activities beyond those listed in the original application will require a new 401 Water Quality Application submittal. Review of the document shows that there will be new impacts to streams and'wetlands for the proposed project, thus an application for a 401 Water Quality Certification will be required. R) According to the document, three small forest wetlands were delineated in the project area. Two of the wetlands were determined to be either isolated or not under US Army Corps of Engineers jurisdiction. Pursuant to 15A NCAC 2H, Section .1300, NCDOT is respectfully reminded that a NCDWQ staff member will need to verify the presence or absence of any isolated wetlands. Furthermore, should isolated wetlands be impacted due to construction activities, a State General Permit for Impacts to Isolated Wetlands and Isolated Waters will be required. C) The document does not present any mapping rhat.dhows the location of wetlands and streams. Tn addition. the document does not give any specified amount of anticipated impacts to wetlands and str==. Until the DWQ has a map that clearly displays all the wetlands. streams, and other surface waters located in the project, with the proposed project superimposed onto those resources, we cannot agree that appropriate avoidance and minimization has occurred for this project. As such, issuance of the 401 Water Quality Certification for this project could be. delayed until the information is provided to the DWQ for review, and we are convinced that all appropriate avoidance and minimization has occurred for this project. D) After the selection of the preferred alternative and prior to an issuance of the 401. Water Quality Certification, the NCDOT is respectfully reminded that they will. need to demonstrate the avoidance and minimization of impacts to wetlands (and streams) to the maximum extent practical. Furthermore, wetland mitigation may be required for this project 1 uithCarttlina Transportation Permitting Unit ?111i1("ey 1550 M, ail Service Cantor, Raleigh. North Carolina 27699.1650 2:21 Crabtree Boulevard, Suite 250, Raleigh, Nora) Carorma 27604 Phone: 919-733-1786 / PAX 919-733-6893 / Internet httDV/h2o.enr.state.no.us/r_vetliindq P: 3/5 1 1 An 0.uial OppomnhflAMrmnttv9 ACtfon Employer - 50 ie Aerycledll o°.t Post Coruumer der APP.-11-2005 12:31 FROM:DWO-WETLANDS 9197336893 TO:97153060 E) In accordance with the Environmental Management Commission's Rules (15A NCAC 2110506(b)(6) , mitigation will be required for cumulative impacts of greater than 150 linear feet to an single } any perennial stream. In the event that mitigation is required, the mitigation plan should be designed to replace appropriate lost functions and values- In accordance with the Environmenud Management Commission's Rules 115A NCAC 2H.0506 (h)(3)], the NC Ecosystem Enhancement Prouram may be available for use as stream mitigation. ' F) As part of the 401 Water Quality Certification Application process, INC. DOT is respectfully reminded to include specifics for, both onsite and offsite mitigation plans. If mitigation is required, it is preferable to ' present a conceptual (if not finalized) mitigation plan with the environmental documentation. While NCDWQ realizes that this may n.ot always be practical, it should be noted that for projects requiting mitigation, appropriate mitigation plans will be required in conjunction with the issuance of a 401 Water Quality Certification. G) Future documentation, including the 401 Water Quality Certification Application, should include an itemized listing of the proposed wetland and stream impacts with corresponding mapping. ' 1) An analysis of cumulative and secondary impacts anticipated. as a result of this project is required. The type and detail of analysis should conform to the NC Division of Water Quality Policy on the assessment of secondary and cumulative impacts dated April 10, 2004. We understand that you have agreed to make this study a part of your 401 Water Quality Certification Application. 1) NC DOT is iespectfully reminded that all impacts, including but not Iimitcd to, bridging, fill, excavation and clearing, to jurisdictional wetlands, streams, and riparian buffers need to be included in the final impact calculations. These impacts, in addition to any construction impacts, temporary or otherwise, also need to be included az part of the 401 Water Quality Certification Application. J) Where streams must be crossed, the DWQ prefers bridges be used in lieu of culverts. However, we realize that economic considerations often require the use of culverts. Please be advised that culverts should be countersunk to allow unimpeded passage by fish and other aquatic organisms. Moreover, in areas where high quality wetlands or streams are impacted. a bridge may prove preferable. When applicable, DOT should not install the bridge bents in the creek, to the maximum extent practicable. K) Sediment and erosion control measures should not be placed in. wetlands. ' T) Borrow/waste areas should avoid wetlands to the maximum extent practicable. Impacts to wetlands in borrow/waste areas could precipitate compensatory mitigation. ' M) The 401 Water Quality Certification application will need to specifically address the proposed method,,; fo7 stormwater management. More specifically, stormwater should not be permitted to discharge directly into streams or surface waters. ' N) Based on the information presented in the document, the magnitude of impacts to wetlands and streams may require an Individual Permit application to the Corps of Eugdneers and corresponding 401 Water Quality Certification. Please be advised that a 401 Water Quality Certification requires satisfactory protection of water quality to enure that water quality standards are met and no wetland or. stream uses are lost. Final permit authorization will require the submittal of a formal application by the NCDOT and written concurrence from the NCDWQ. Please be aware that any approval will be contingent on appropriate avoidance and minirni ation of wetland and stream impacts to the maximum, extent practical, the development of an acceptable stormwater management plan, and the inclusion of appropriate mitigation plans wbere appropriate. P: 4/5 APR-11-2005 12:31 FROM:DWO-WETLANDS 9197336893 TO:97153060 P:5/5 The NCDWQ appreciates the opportunity to provide comments on your project" Should you have any questions or require any additional information, please contact Nicole Thomson at (919) 715-3415. cc: Mr. Eric Alsmeyer, US Army Corps of Engineers. Raleigh Ficld Office Mr, Gary Jordan, USFWS Mr. Travis Wilson, NCWRC Central Films File Copy C:1C0msp0ndnncd2005 EA, EIS, FUNSRU-441411Enviroatoleat: l Assessment Apr 05 I I I s I I 1 I I 1 NNW MULKEY ZNGINcERS & :;0VSU-7ANTS MEMORANDUM TO: Nicole Thomson, NC Division of Water Quality FROM: Liz Kovasckitz, Mulkey Engineers & Consultants DATE: April 27, 2005 SUBJECT: NCDOT TIP Project No. U-4410 D Louis Stephens Drive Extension and Hopson Road Realignment and Extension, Research Triangle Foundation Project RTF-7 On April 26, 2005 we met to discuss the comments submitted by the Division of Water on the Environmental Assessment (EA) prepared for the subject project. At the conclusion of our meeting you indicated that all issues raised in your April 11, 2005 letter to Melba McGee were satisfactorily addressed during our meeting. The purpose of this memo is to document our responses to DWQ comments on the EA and/or provide reference as to why responses are unnecessary as discussed in our meeting. Comment A: After reviewing the proposed plans, previous permit submittals, and meetings that have occurred in the past, it was agreed that no additional DWQ permits are required for the project Per your request, we are attaching a copy of the correspondence documenting S&EC's site meeting with Todd Tugwell of the US Army Corps of Engineers (USACE) where he confirmed S&EC's delineation and isolated wetland determinations (see attached S&EC correspondence dated 2/24/04). Comment B: The three wetlands discussed in the EA are shown in the S&EC correspondence referenced in item A above. One wetland was determined to be isolated (inset 1), and since the project impacted less than 0.1 acre of isolated wetland, did not require authorization from DWQ. However, as a courtesy S&EC did notify DWQ of our client's intention to impact this area (see attached S&EC correspondence to John Dorney of D``C/Q dated 5/28/04). One wetland was determined not to meet wetland criteria due to lack of hydric soils (inset 2). The third is avoided by the project (inset 3). The plans included in Appendix C of the EA show a wetland on sheet RTF 6-6. This wetland was determined not to meet wetland criteria and should have been removed from the plans. The wetland shown on plan sheet RTF6-10 is an isolated wetland that occurs in a power line easement outside of the project area. Comment M: Since the project is in the Cape Fear River Basin and not the Neuse River Basin, we agreed that direct discharges of stormwater are not prohibited and therefore no additional response is required to this item. Because no further authorization is required from DWQ, we agreed that the remaining comments do not require responses. MULKEY INC. 6750 TRYON ROAD CARY, NC 2751 1 PO BOX 331 27 RALEIGH, NC 27636 PH: 91 9-851-1 912 FAX: 919-851.1 91 B WWW.MULKEYINC.CDM L As requested in the meeting, we are providing the DWQ project number for the Mount Vernon ' Springs mitigation site, the design for which was reviewed and approved by DWQ. The number is DWQ # 01-1206. The mitigation site has been constructed per the approved plan. The site is being used to provide DWQ and USACE required mitigation for this project and for a lake project at Research Triangle Park. Thank you very much for meeting with us so quickly and agreeing to respond promptly to this memo in order to resolve this matter. We apologize that the information was not presented as clearly as it could have been, but as you have seen, it is a fairly unique and complex situation. If you have any questions, please call me at (919)858-1808. My email address is lkovasckitz mulkeN-inc.com and my n M (919) Martin, 851-1918. S&EC Vince Rhea, NCDOT Liz Rooks, RTF Don Morton, Mulkey Cindy Carr, Mulkey ' 2001109.01 file fcc:ax number Kevin is P9r R-"V -"V i- - 1L I -.1 - - --- vvv...-- OF WAr49 `Qt* PG a ? Michael F. Easley, Governor Wiliam G. Ross Jr„ Secretary North Carolina Dapariment of Wironmerit and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality MEMORANDUM To: Melba McGee From. Nicole Thomson April 28, 2005 Subject.- A,ddeladum to Comments on the Environmental Assessment related to the Louis Stephens Drive Extension and Hopson Road Realignment and Extension in Durham and Wake Counties, Sate Project No. 35021.2.1, TIP U-4410 D, DENR Project Number 05-0266. This office has reviewed the referenced document. The Division of Water Quality (DWQ) is responsible for the issuance of the Section 401 Water Quality Certification for activities that impact Waters of the U.S., including wetlands. After meeting with Liz Kovasekitz and Cindy Carr of Mulkey Engineers & Consultants and Kevin Martin of S&EC on April 26, 2005, it is our understanding that the project as presented will result in no impacts to jurisdictional wetlands and streams. The DWQ offers the following comments based on review of the afaxementioncd document and subsequent meeting: A) According to the document, in March of 2001 the NCDWQ issued a waiver of 401 Water Quality Certification for DWQ Project No. 01-0053. A total of 1,062 linear feet of stream impacts were authorized under that waiver for the Louts Stephens Drive and South Loop Road project. NCDOT is respectfully reminded that only those impaetc were authorized under the original 401 Water Quality Certification as described i-D the original application dated received January 18, 2001. Any new impacts and construction activities beyond those listed in the original application will require a new 401 Water Quality Application submittal. Review of the document shows that there will be new impacts to streams and wetlands for the proposed project, thus an application for a 401 Water Quality Certification will be required. A meeting with JAz Kovasckitz, Cindy Carr and Kevin Martin on April 26, 2005 demonstrated through previous permit submittals and meetings with both John Dorney of NC DWQ and Todd Tugwell of USACOE that the abovemertti.oned project would not result in any additional impacts to wetlands or streams and therefore, no 401 Water Quality Certification would be required. 13) According to the document, three small forest wetlands were delineated is the project area. Two of the wetlands were determined to be either isolated or not under US Army Corps of Engineers jurisdiction. Pursuant to 15A NCAC 2H, Section .1300, NCDOT is respectfully rerruoded that a NCDWQ staff member will need to verify the presence or absence of any isolated wetlands. Furthermore, should isolated wetlands be impacted due to construction activities, a State General Permit for Impacts to Isolated Wetlands and Isolated Waters will be required. A meeting with Liz Kovasckitr., Cindy Carr and Kevin Markin on April 26, 2005 demonstrated that i f did d h re not requ ere ore t impacts to the one isolated wetland on the project would be less than 0.1 acres an authorization from DWQ, per correspondence from John Dorney dated May 28, 2004. In addition, 2 wetlands on the project were determined to not meet wetland criteria. a. third wetland is avoided completely by the project and the final wetland is an isolated wetland that occurs outside of the project area. Since the impacts to the isolated wetland will be less than 0.1 acres, no State General Permit for Impacts to Isolated Wetlands and Isolated Waters will be required. Tn addition, as there are no additional wetland impacts, no 401 Water Quality Certification is required. hCrw/li`a Yranspofttlon Permitting Unit glrA :? ' 1650 Mall Service Center, Raislgh, North Carolina 27899.1 s5o 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carorma 27604 Phone: 919.733.17861 FAX 919.733-66931 intemet, httpJlh2c.enr.state.ne.uslnewedands I An Equal OpportunitylAtflrmatlva Action Employer -SV. Aacpciedltoy Post Consumer Paper FPH-28-2005 14:12 FROM:DWQ-WETLRNDS 9197336893 T0:98511918 P:3/5 C) The document does not present any mapping that shows the location of wetlands and streams. In addition, the document does not give any specified amount of anticipated impacts to wetlands and streams. Until the DWQ has a map that clearly displays all the wetlands, streams, and other surface waters located in the project, with the proposed project superimposed onto those resources, we cannot agree that appropriate avoidance and minimization has occurred for this project. As such, issuance of the 401 Water' Quality Certification for this project could be delayed until the information is provided to the DWQ far review, and we are convinced that all appropriate avoidance and minimization has occurred for this project. A meeting with Liz Kovascldtz, Cindy Carr and Kevin Martin on April 26, 2005 demonstrated through previous permit submittals and meetings with both John Dorney of NC DWQ and Todd Tugwell of USACOE that the abovementioned project would not result in any additional impacts to wetlands or streams and therefore, no 401 Watei: Quality Cciti6cation would be required. D) After the selection of the preferred alternative and prior to an issuance of the 401 Water Quality Certification, the NCDOT is respectfully reminded that they will need to demonstrate the avoidance and minimization of impacts to wetlands (and streams) to the maximum extent practical. Furthermore, wetland mitigation may be required for this project. A meeting with Liz Kovasckitz, Cindy Carr and Kevin Martin on April 26, 2005 demonstrated through previous permit submittals and meetings with both John Doi-vey of NC DWQ and Todd Tugwcll of USACOE that the abovementioned project would not result its, any additional impacts to wetlands, therefore satisfying the reed to demonstrate avoidance and minlm+zatioil of impacts. In addition, as there are no new additional impacts to wetlands, no additional wetland mitigation will be required for this project. E) In accordance with the Environmental Management Commission's Rules { I5A NCAC 21L0506(b)(6)},. mitigation will be required for cumulative impacts of greater than 150 linear feet to any single perermial stream. In the event that mitigation is required, the mitigation plan should be designed to replace appropriate lost functions and values. In accordance with the Environmental Management Commission's Rules {15A NCAC 2):1.0506 (h)(3) 1, the NC Ecosystem Enhancement program may be available fbT use as stream mitigation. . A meeting with •I.iz Kovascldtz, Cindy Carr and Kevin Martin on April 26, 2005. demonstrated through previous permit submittals and meetings with both John Dorney of NC DWQ and Todd Tugwell of USACOE that the abovementioned project would not result in any additional impacts to streams, therefore no additional stream mitigation will be required for this project. F) As part of the 401 Water Quality Certification Application process, NC DOT is respectfully reminded to include specifics for both onsitc and offsite mitigation plans. If mitigation is required, it is preferable to present a conceptual (if not finalized) mitigation plan with the envirrnamental doeumentation. While NCDWQ realizes that this may not always be practical, it should be noted that for projects requiring mitigation, appropriate mitigation plans will be required in conjunction with the issuance of a 401 Water Quality Certification. A meeting with Liz Kovascldtz, Cindy Carr and Kevin Martin on April 26, 2005 demonstrated through previous permit submittals and meetings with both John Domey of NC DWQ and Todd Tugwell of USACOE that the abovementioned project would not result in any additional impacts to wetlands or streams and there ore, no additional ri itigation is required. Furthermore, the Mount Vernon Springs Mitigation site (DWQ No. 01-1206) was reviewed ai id approved by DWQ for previous impacts to prior phases of this project. The required mitigation site, has boon constructed per the approved plan. G) Future documentation, including the 401 Water Quality Certification Application, should include an itemized listing of the proposed wetland and stream impacts with corresponding mapping. A meeting with Liz Kovasckitz, Cindy Carr and Kevin Martin on April 26,20D5 demonstrated through previous permit submittals and meetings with both Sohn Dorney of NC DWQ and Todd Tugwell of USACOE that the abovementioned project would not result in any additional impacts to wetlands or streams and therefore, no 401 Water Quality Certification would be required. H) An analysis of cumulative and secondary impacts anticipated as a result of this project is required. The type and detail of analysis should conform to the NC Division of Water Quality Policy on the assessment of secondary and cumulative impacts datod April 10, 2004. We understand that you have agreed to make this study a part of your 401 Water Quality Certification Application. A meeting with Liz Kovasckitz, Cindy Can: and Kevin Martin on April 26, 2405 demonstrated through previous permit submittals and meetings with both John Dorney of NC DWQ And Todd Tugwell of USACOE that the abovementioncd project would not result in any additional impacts to wetlands or streams and thcrefore, no 401 Water Quality Certification would be req%*ed. NC DOT is respectfully reminded that all impacts, including but not limited to, bridging, fill, excavation and clearing, to jurisdictional wetlands, streams, and riparian buffers need to be included in the final impact calculations. These impacts, in addition to any constnbcdoTM impacts, temporary or otherwise, also need to be included as part of the 401 Water Quality Certification Application. A meeting with Liz Kovasckitz, Cindy Carr and Kevin, Martin on April 26, 2005 demonstrated through previous permit submittals and meetings with both John Domey of NC DWQ and Todd Tugwell of USACOE that the abovementioned project would not result in any additional impacts to wetlands or streams and therefore, no 401 Water Quality Certification would be required. J) Where streams must be crossed, the DWQ prefers bridges be used in lieu of culverts. However., we realize that economic considerations often require the use of culverts. Please be advised that culverts should be countersunk to allow unimpeded passage by fish and other aquatic organisms. Moreover, in areas where high quality wetlands or streams are impacted, a bridge may prove preferable. When applicable, DOT should not install the bridge bents in the creek, to the maximum extent practicable. A meeting with Liz Kovasekitz, Cindy Carr and Kevin Martin on April 26, 2005 demonstrated through previous permit submittals and meetings with both John Dorney of NC DWQ and Todd Tugwell of USACOE that the abovementioned project would not result in any additional impacts to Str alms and therefore, no bridges or culverts are necessary. K) Sediment and erosion control measures should not be placed in wetlands. A meeting with Liz KovasckitT. Cindy Carr and Kevin Martin on April 26, 2005 demonstrated through previous permit submittals and meetings with both John I3orney of NC DWQ and Todd Tugwell of USACOE that the abovementioned project would not result in any additional impacts to wetlands. L) Borrow/waste areas should avoid wetlands to the maximum extent practicable. Impacts to wetlands in borrowlwastc areas could precipitate compensatory mitigation. A meeting with Liz Kovasckitz, Cindy Carr and Kevin Martin on April 26.2005 demonstrated through previous permit submittals and meetings with both John Dorney of NC DWQ and Todd Tugwell of USACOE that the abovementioned project would not result in any additional impacts to wetlands. i-IPR- i-?t?1?5 14: 13 FRUM: DWQ-WLTL. A-&i y1y (33bb"J.5 I U:'JUDII71ti V : 5/5 The 401 Water Quality Certification application will need to specifically address the proposed methods for stormwater management. More specifically, stormwater should not be permitted to discharge directly into streams or surface waters. A meeting with Liz Kovaseldtz, Cindy Carr and Kevin Martin on April 26, 2005 pointed out that this project is within the Cape Fear River Basin and not•the Neuse River Basin, therefore the direct discharge of stormwater to streams or surface waters is not probibited. N) Based on the information presented in the document, the magnitude of impacts to wetlands and streams may require an Individual Permit application to the Corps of Engineers and corresponding 401 Water Quality Certification. Please be advised that a 401 Water Quality Certification requires satisfactory protection of water quality to ensure that water quality standards are met and no wetland or stream uses are lost. Final permit authorization will require the submittal of a formal application by the NCDOT and written concurrence from the NCDWQ. Please be aware that any approval will be contingent on appropriate avoidance and minimization of wetland and stream impacts to the maximum extent practical, the development of an acceptable stormwater management plan, and the inclusion of appropriate mitigation plans where appropriate. A meeting with Liz Kovascldtz, Cindy Carr and Kevin Markin on April 26, 2005 demonstrated tbrough previous permit submittals and meetings with both John Doiney of NC DWQ and Todd Tugwell of USACOE that the abovementioned project would not result i? any additional impacts to wetlands or streams and therefore, no Individual Permit from the Corps of Engineers or 401 Water Quality Certification would be required. The NCDWQ appreciates the opportunity to provide comments on your project. Should you have any questions or royuire any additional information, please contact Nicole Thomson at (919) 715-3415. cc: I &- Eric Als7meyer, US Army Corps of Engineers, Raleigh Field Office Mr. Crary Jordan, USFWS Mr. Travis Wilson, NCWRC Mr. Kevin Martin, S&EC, 1101 Raven Ridge Rd, Raleigh, NC 27614 Kr.. Elizabeth Kovaseldtz, AMP, Planning Group Manager. 6750 Tryon Rd, Cary, NC 27511 Ms. Cindy Catr, Natural Resources Project Manager, 6750 Tryon Rd, Cary, NC 27511 Mr. Vince Rhea, PE, NCDOT F'DEA Ms. Gail Grimes, PZ NCDOT PDEA Central Files File Copy CACotrtspondcaccV005 EA, W, MN$hU-44101?,&MroaW=tat' Assmm=t Addendemt Apr 05 C w H C 'A ' LOUIS STEPHENS DRIVE EXTENSION AND HOPSON ROAD/REALIGNMENT AND EXTENSION DURH AND WAKE COUNTIES STATE PROJECT NO. 3502 1.2.1 T.I.P. PROJECT No. U-441 O D RESEARCH TRIANGLE FOUNDATION PROJECT NOS. 6 AND 7 ADMINISTRATIVE ACTION FINDING OF NO SIGNIFICANT IMPACT SUBMITTED BY THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION AND RESEARCH TRIANGLE FOUNDATION OF NORTH CAROLINA IN COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT For further information contact: Gregory J. Thorpe, Ph.D., Environmental Management Director Project Development and Environmental Analysis Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina 27699-1548 (919) 733-3141 Date of Approval XJregory'--yThorpe, Ph.D., Environmental Management Director Project Development and Environmental Analysis Br cam, North Carolina Department of Transportation JUL ZoDS OE* - WATER QUALIT-y WET[A D S AND STORMWATE BRANCH ADMINISTRATIVE ACTION FINDING OF NO SIGNIFICANT IMPACT LOUIS STEPHENS DRIVE EXTENSION AND HOPSON ROAD REALIGNMENT AND EXTENSION DURHAM AND WAKE COUNTIES STATE PROJECT NO. 36021.2.1 l T.I.P. PROJECT NO. U-4410 D l RESEARCH TRIANGLE FOUNDATION PROJECT NOS. 6 AND 7 APRIL 2005 DOCUMENTATION PREPARED By, MULKEY ENGINEERS & CONSULTANTS -4Zia 05 Date Liz I asckitz, AICP Transportation Planning Group Manager a Zy a S? G? Date :;Z on Morton, P.E. Vice President, Raleigh Branch Office 06U'Jd20 •s? SEAS. 4466 G? V DOCUMENT PREPARED FOR* North Carolina Department of Tr sportation / Z11,7- '?/ /z?c ate lVincent J. Rye/, P. . Project Ma ger Louis Stephens Drive Extension Document Date: 4/27/2005 iii U-4410 D Finding of No Significant Impact Date Printed: 4/27/2005 TABLE OF CONTENTS 1.0 Type of Action ..........................................................................................................1 2.0 Description of Proposed Action ....................................................................,..........2 2.1 Project Summary ............................................................................................................... 2 2.2 Preferred Alternative ........................................................................................................ 2 3.0 Summary of Special Project Commitments .............................................................9 4.0 Summary of Beneficial and Adverse Environmentl Impacts .................................11 5.0 Coordination and Comments ................................................................................13 5.1 Circulation of the Environmental Assessment ..........................................................13 5.2 Comments Received on the Environmental Assessment .........................................13 6.0 Revisions to the Environmental Assessment ....::..................................................15 7.0 Basis for Finding of No Significant Impact ........................................................16 Appendix A - Agency Correspondence Referenced in the FONSI ............................17 LIST OF FIGURES Figure 1. Proposed Project ................................................................................................................. 3 Figure 2. Louis Stephens Drive Typical Section ............................................................................. 6 Figure 3. Hopson Road Typical Section .......................................................................................... 7 J Louis Stephens Drive Extension Document Date: 4/27/2005 v U-4410 D Finding of No Significant Impact Date Printed: 4/27/2005 7 1 1 .0 TYPE OF ACTT ON This is a North Carolina Department of Transportation (NCDOT) Administrative Action, Finding of No Significant Impact (FONSI). The NCDOT has determined that this project will have no significant impact on the human or natural environment. This FONSI is based on the Environmental Assessment, which has been independently evaluated and determined to adequately and accurately discuss the environmental issues and impacts of the proposed project. The Environmental Assessment provides sufficient evidence and analysis for determining that an Environmental Impact Statement is not required for the proposed project. The NCDOT takes full responsibility for the accuracy, scope, and content of the Environmental Assessment. J J Louis Stephens Drive Extension Document Date: 4/27/2005 U-4410 D Finding of No Significant Impact Date Printed: 4/27/2005 1 2.0 DESCRIPTION OF PROPOSED ACTION 2.1 PROJECT SUMMARY The North Carolina Department of Transportation (NCDOT) and Research Triangle Foundation (RTF) propose to extend Louis Stephens Drive (SR 2500) from the intersection of Development Drive (SR 3093) to Hopson Road (SR 1978) and realign and extend Hopson Road from Louis Stephens Drive to NC 55 (see Figure 1). The extension of Louis Stephens Drive will be let to contract by RTF, and the extension of Hopson Road to NC 55 will be let to contract by the NCDOT. The project is included in the 2004-2010 NCDOT Transportation Improvement Program (TIP) as project number U-4410 D. The total project length is approximately 1.5 miles. The proposed project is located in Durham and Wake Counties, in Research Triangle Park (RTP), North Carolina. Connecting Hopson Road to NC 55 and extending Louis Stephens Drive to Hopson Road will provide alternate travel routes for RTP commuters and residents in the project area. The proposed action will create access to sites available for research and development in southern RTP and facilitate development of these sites. The proposed road improvements will conduct future traffic that would otherwise be assigned to existing roadways, which may minimize the rate at which increases in traffic will result in lower level of service on existing facilities. Construction of the proposed project will occur in two phases. Construction on the extension of Louis Stephens Drive is planned for completion in late 2006. This will include construction of the intersection at Hopson Road, with Hopson Road stubbed-out on the west side of the intersection. Hopson Road will be extended to NC 55 when the Research Triangle Foundation sells a site adjacent to the proposed road. The estimated completion date for the extension of Hopson Road to NC 55 is late 2006 or early 2007. 2.2 PREFERRED ALTERNATIVE Three alternatives were evaluated in the Environmental Assessment: No-Build, Louis Stephens Drive Extension and Hopson Road Realignment with At-Grade Rail Crossing, and Louis Stephens Drive Extension and Hopson Road Realignment with Grade-Separated Rail Crossing. The Louis Stephens Drive Extension and Hopson Road Realignment with At-Grade Rail Crossing is the Preferred Alternative. This alternative was selected as the Preferred Alternative for the following reasons: ¦ Only two trains per day traveling at 10 mph use the rail corridor in the project area, making conflicts between trains and motor vehicles improbable; ¦ The relocated at-grade crossing will result in improved safety over its present location; ¦ The cost savings associated with this alternative is $1,200,000; and ¦ Access to adjoining properties will be maintained. 2 Document Date: 4/27/2005 Louis Stephens Drive Extension Date Printed: 4/27/2005 U-4410 D Finding of No Significant Impact 1, ' " D "N' - bohod?L ENGLISH SCALE END PROJECT LOUIS STEPHENS STA 139+00 ALERANDB, owe ARSOLNlE3 EEEFAEOI TG NDIS FOU`XM- I; 1 Duke Power Y P AWC NIIINC?A1EUu m En or V ?y h rx MITEOI AIETAIS RVD Y Z U mFAROI TRIAIIOIe NJIRRMIION ?? EEdN?EIN6 WAD. ML .? ?N -A. EIlLL IRler E[YRI IIETR,A?DE WALL ,I+ RA 1 {+ NSGIIOI TMMINE EWNMTIOH BEGIN PR JECT HOPSON OAD CTA Mn nn RESNROI TwN FOUNNATXN TRMNOU REIDE wAVAHr ?y OJ ,?I V ?R ttsTAROE vEAPIEIE ra1ROAT,oH IRSFAR.1 l1EAI1GlR tOIRDA1gN MADNEOIIDI01 MBNMIDINL NC IRMAAGI TwwG,R N%MMTION BEGIN PROJECT LOUIS STEPHENS STA 85+00 RFSWpI TRANGIE FOUND - Kit VICINITY MAP (not to su USA USA END PROJECT HOPSON ROAD STA 244+03.59 Hopson Road TO mw M TBNI.1! IOYNDAiION ENERGY, Roa o11Re W WER CO. fA1MDHf -era- DE aT w Fn NIPEMM COU+1Y waalre aEIE ND Xmimmo I THANGIE FDINGM R LEGEND ® E%ISTING RIGHT OF WAY ® PROPOSED RIGHT OF WAY t? ALL EASEMENTS O E%ISTING ROADWAY O EXISTING ROADWAY TO BE REMOTE. Q PROPOSED ROADWAY FUTURE ROADWAY ® TEMPORARY ROADWAY /DETOURS PROPOSED ISLAND. CURB ANDGUTTER r---1 WETLANDS PONDS STREAMS O RAILROAD RIGHT OF WAY O UTILITY EASEMENT PROPERTY LINES COUNTY LINE 1>D TS D lw aoD ' - EHGUSN SGIE PROPOSED PROJECT Figure No. NCDOT TIP NO. U-4410D Durham/Wake County, North Carolina 4 6 Air Quality and Noise The proposed project does not result in air quality or noise impacts. Community The proposed project will not specifically harm or disproportionately affect any social group. The project area is predominantly comprised of commercial properties. There will be no impacts related to neighborhood cohesion and no relocations of homes or businesses will be necessary. The proposed project will improve accessibility to, and in, southern RTP. Current employees of RTP businesses, area residents, and emergency service providers may benefit from the increased access that the project will provide. Threatened and Endangered Species Biological conclusions of No Effect have been rendered for all protected species studied except two: NVlichaux's sumac and smooth coneflower. Pedestrian surveys in the project area were completed for these species in November 2002 and June 2003. No specimens of N ichaux's sumac or smooth coneflower were located, and a biological conclusion of Not likely to Adversely Affect was rendered for both species. The United States Fish and Wildlife Service provided written concurrence with the biological conclusions in, \a letter dated July 29, 2003 (see Appendix A). Cumulative Impacts The potential for project-induced land use changes for research development is high. It is likely under both the Build and No-Build Alternatives that the available developable land in the project area would, at some point in the future, convert to research-type facility use. However, the proposed project makes the available locations more easily accessible and attractive from a development standpoint. Development that occurs because of the proposed project is expected to result in positive socioeconomic impacts such as increased tax base and new employment possibilities. Resources sensitive to potential indirect and cumulative effects of the proposed project include the surface waters of Long Branch and the UT to Northeast Creek. Standards for WS-IV Water Supply Watersheds and Nutrient Sensitive Waters apply to development in the project area. j Durham and Wake Counties implement land use and development controls designed to control densities and provide for stream protection buffers through measures such as erosion control and stormwater runoff control. The proposed. project is located in an area designated for business development in the Research Triangle Park. Proximity to urban employment centers, planned extension of utilities, proximity to housing, and easy access to major transportation corridors, contribute to the project's potential to induce and influence growth and development. Land use controls and regulations are in place that, if properly enforced, can minimize and/or avoid potential indirect and cumulative impacts to water quality. 12 Document Date: 4/27/2005 Louis Stephens Drive Extension Date Printed: 4/27/2005 U-4410 D Finding of No Significant Impact 1 .0 COORDINATION AND COMMENTS 5 The Environmental Assessment for this project was approved by the North Carolina Department of Transportation on January 31, 2005. 5.1 CIRCULATION OF THE ENVIRONMENTAL ASSESSMENT The approved Environmental Assessment was circulated to the following federal, state, and local agencies for review and comments: • U.S. Army Corps of Engineers U.S. Fish & Wildlife Service • Wake County • Research Triangle Foundation 0 N.C. Department of Transportation Program Development and Division 5 Opportunity for a public hearing was advertised in the Durham Herald and Raleigh News and Observer on February 3, 2005 and February 10, 2005. Ni tification of the opportunity to request a hearing was also sent io property owners. No requests for a hearing were received. Copies of the document and/or notification that the Environmental Assessment was available for review were also sent to the State Clearinghouse, special interest groups, and newspapers. 5.2 COMMENTS RECEIVED ON THE ENVIRONMENTAL ASSESSMENT Comments received on the Environmental Assessment are included in Appendix A. Comments were received from the following agencies: • North Carolina Department of Environment and Natural Resources (NCDENR), Division of Water Quality • NCDENR, Division of Environmental Health • NCDENR, Raleigh Regional Office • North Carolina Department of Cultural Resources (no comment) NCDENR, Division of Water Quality (DWO) Fourteen comments were received from the Division of Water Quality (NCDWQ). Representatives from firms working on the proposed project met with Nicole Thomson of the NCDWQ on April 26, 2005 to discuss her comments on the Environmental Assessment. At the conclusion of the meeting, Ms. Thomson indicated that all issues raised in her comments were satisfactorily addressed. A memorandum summarizing the meeting and an addendum to the original comments from NCDWQ are included in Appendix A. Louis Stephens Drive Extension Document Date: 4/27/2005 U-4410 D Finding of No Significant Impact Date Printed: 4/28/2005 13 i NCDENR Division of Environmental Health Comment: The relocation of the 2,100-foot waterline discussed on pages 2-10 and 3-5 must be submitted for approval by the Plan Review - Technical Services Branch. Response: Existing utilities will not be relocated. The information provided in the Environmental Assessment regarding utility relocations was dated and should have been omitted from the final document. This will be noted in Section 6.0 below, "Revisions to the Environmental Assessment" NCDENR. Raleigh Regional Office Comment: Permit and approvals that may need to be obtained from NCDENR in order for this project to comply with North Carolina Law were identified. Response: Requirements are noted. 14 Document Date: 4/27/2005 Louis Stephens Drive Extension Date Printed: 4/28/2005 U-4410 D Finding of No Significant Impact i 1 6.0 REVISIONS TO THE ENVIRONMENTAL ASSESSMENT Sections 2.2.1, 2.2.2, and 2.3.7 in the Environmental Assessment state that the existing railroad crossing on South Alston Avenue will be relocated "approximately 225 feet" south to Hopson Road between Louis Stephens Drive and South Alston Avenue. The statements should read "approximately 1,764 feet." Sections 2.3.9 and 3.1.3 in the Environmental Assessment state that "Outside of RTF property, the NCDOT will relocate existing utilities as needed. Approximately 2,100 feet of water line and 900 feet of sewer line are expected to be relocated." These statements should be omitted from the document. Utility relocations are not anticipated as a result of the proposed project. The wetland identified on plan sheet RFT6-6 in Appendix C of the Environmental Assessment did not meet wetland criteria and should not have been shown on the plans as such. H 1 s Louis Stephens Drive Extension Document Date: 4/27/2005 U-4410 D Finding of No Significant Impact Date Printed: 4/27/2005 15 7.0 BASIS FOR,, FINDING OF NO SIGNIFICANT IMPACT Based upon a study of the proposed project documented in the Environmental Assessment, and upon comments received from federal, state and local agencies and the public, it is the finding of the North Carolina Department of Transportation that this project will not have a significant adverse impact upon the human or natural.environment. The recommended alternative for the proposed project is not controversial from an environmental standpoint. No significant impact to natural, ecological, cultural, or scenic resources are expected. The proposed project is consistent with local plans and will not disrupt any communities. These conclusions are based on a thorough analysis of the environmental impacts described in the Environmental Assessment. Based on this evaluation, it has been determined a Finding of No Significant Impact is applicable for this project. Therefore, neither an Environmental Impact Statement not further environmental analysis is required. 16 Document Date: 4/27/2005 Louis Stephens Drive Extension Date Printed: 4/27/2005 U-4410 D Finding of No Significant Impact i APPENDIX A - AGENCY CORRESPONDENCE REFERENCED IN THE FONSI a a a a a Louis Stephens Drive Extension Document Date: 4/27/2005 U-4410 D Finding of No Significant Impact Date Printed: 4/27/2005 17 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID: 200120436 200120437 County: Durham & Wake GENERAL PERNUT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner: Research Triangle Foundation . Attn: Elizabeth Rooks Mailing Address: Post Office Box 12255 Research Triangle Park, North Carolina 27709 Telephone No.: (919) 549-8181 Authorized Agent: Soil & Environmental Consultants, Inc. Attn: Mr. Kevin Martin Mailing Address: 11010 Raven Ridge Road Raleigh, North Carolina 27614 Telephone No.: (919) 846-5900 Location of property (road name/number, town, etc.): The project site is approximately 91 acres in size and is located between Hopson Road (SR 1978) and Davis Drive (SR 1999) in Research Triangle Park, North Carolina. Site Coordinates: 35.8534 °N 78.8876 °W USGS Quad: Green Level Waterway: Kit Creek and Long Branch River Basin: Cape Fear HUC: 03030002 Description of projects area and activity (see page 2 for a summary of authorized impacts): This permit authorizes mechanized landclearm.g,'excavation, installation of culverts, and th? placement of fill associated with the construction of Louis Stephens Drive. Permanent impacts to wetlands and waters authorized by this permit total 1,042 linear feet of stream channel (768 linear feet of important channel). Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ? Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide or Regional General Permit Number(s): 14 14 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, 'activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), 11 prior to beginning work you must contact the N.C. Division of Coastal Management. ?l This Department of the Amory verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. -? If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please'contact Todd Tugwell at telephone (919) 876-8441, ext 26. Corps Regulatory Official Date: 02/02/2005 Verification Expiration Date: 02/02/2007 Copy Furnished: Page 1 of 2 Determination of Jurisdiction: ? Based on preliminary information, there appear to be waters-of the US including wetlands within the above described project art This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). ? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Sectioi 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference t] jurisdictional determination issued on (Action ID: )• Basis of Jurisdictional Determination: The project site contains tributaries to Long Branch and Kit Creek, which flow into Northeast Creek, a tributary to theCape Fear River, a navigable waterway. Corps Regulatory iarv 9f Authorized Action ID NWP / GP open Water ac # # Temporary Permanent Tempt 200120436 14 200120437 14 Impact Totals 0 0 0 Total Loss of Waters of the U.S. ac} 0 Reauired Wetland Mitigation (ac) 1 0 Date: 02/02/2005 Determination Expiration Date: 02/02/20. and i ac U ' ortant Steam Permanent Temporary Permanent 274 nred Stream Mitigation (I) Stream ]f 0 1 0 1 27" Total Loss of Waters of the U.S. Permane 492 276 0 768 1042 768 Permittee Additional Remarks and/or Special Permit Conditions: 1. Please note that this permit verification reauthorizes proposed impacts as previously authorized by nationwit permit on March 3, 2001 and again on July 31, 2003, with no changes to the proposed plans. 2. All Special Conditions included in the original permit verification have been completed: Mitigation for 768 linear feet of stream channel impacts associated with this permit was provided at the Mt. Vernon Springs Mitigation Site, which has been completed and is currently being monitored, in accordance with the original permit application dated January 17, 2001. Page 2 of 2 J n a J United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh. North Carolina 27636-3726 July 29, 2003 Ms. Cindy Carr Mulkey, Inc P.O. Box 33127 Raleigh, NC 27636 Dear Ms. Carr: This letter is in response to your letter of July 10, 2003 which provided the U.S. Fish and Wildlife Service (Service) with the biological conclusion of Mulkey, Inc. that the proposed extension of Louis Stephens Drive from the intersection of Development Drive to Hopson Road and the realignment and extension of Hopson Road1to NC 55 in`Durham and Wake Counties, North Carolina, is not likely to adversely affect the federally protected smooth coneflower (Echinacea Zaevigata) or N ichaux's sumac (Rhus midazvdz). These comments are provided in accordance with'section 7 of the Endangered Species. ,ct (ES.A) of 1973, as amended (16 U. S.C. 1531-1543). During a July 28, 2003 telephone conversation between you and Mr. Gary Jordan, it was revealed that there is no federal funding for this project However, a permit is-required from the U.S. Army Corps of Engineers (LJSACE). Section 7 of the ESA requires that consultation. occur between the federal action agency and the Service. Since the Federal Highway Administration is not involved in this project, the USACE becomes the federal action agency. However, you stated in the July 2 8 phone conversation that the USACE permit(s) have already been obtained. Based on the negative results of the surveys, and on additional information provided via telephone, the Service supports the conclusion that the project is not likely to adversely affect either the smooth coneflower or Michaux's sumac. For future consultation correspondence,.the „ Service recommends that biographical information on the field researchers doing the surveys be included to allow the Service to validate the qualifications of those conducting -surveys. - The Service appreciates the opportunity to review this project. If you have any questions regarding our response, please contact Mr. Gary Jordan at (919) 856-4520 (Ext. 32). Sincerely, ll Garland B. Pardue, Ph.D. Ecological Services Supervisor ' .? surre North Carolina Department of Administration Michael F. Easley, Governor April 19, 2005 Mr. Omar Sultan N.C. Department of Transportation Program Development MSC 1534 Raleigh, NC 27611 Dear Mr. Sultan: Gwynn T. Swinson, Secretary Re: SCH File # 05-E-4220-0266; EA; Proposed project is for Ipuis Stephens Drive Extension and Hopson Road Realignment and Extension in Wake County:,,U-4410D The above referenced environmental information has been reviewed through the State Clearinghouse under the provisions of the North Caroling Envirolunental Policy Act.' Attached to this letter are comments made by Department of Environment, Health, and Natural Resources (DEHNR) in the course of this review. These comments should be addressed in the Finding of No Significant Impact (FONSI) document. Best regards. Sincerely, Ms. Chrys Baggett Environmental Policy Act Coordinator Attachments cc: Region J :lfailing Address: Telephone: (919)807-2425 Location Address: 1301 b9ail Service Center Fax (919)733-9571 116 West Jones Street Raleieh. NC 27690-1301 State Courier # i-0 1-00 Raleigh. North Carolina e-mail Clu},.r.Bag;etr'mncmniLnet An Equal Opportrarittv:{ finnarire.action Employer NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor William G. Ross Jr., Secretary MEMORANDUM TO: Chrys Baggett State Clearinghouse FROM: Melba McGee Environmental Review Coordinator SUBJECT: 05-0266 EA Louis Stephens Drive Extension and Hopson Road Realignment and Extension in Durham and Wake Counties DATE: April 12, 2005 The Department of Environment and Natural Resources has reviewed the proposed information. The attached comments are for the applicant's information. Thank you for the opportunity to review. 5 Attachments 1601 Mail.Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-733-49841 FAX: 919-715-30601 Internet: www.enr.state.nc.us/ENR An Equal Opportunity1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper GM a? y _ State of North Carolina Reviewing Office: JNCDENR Department of Environment and Natural Resources p Project Number: ? Due Date: INTERGOVERNMENTAL REVIEW - PROJECT COMMENTS After review of this project it has been determined that the DENR permit(s) and/or approvals indicated may need to be obtained in order for this project to comply with North Carolina Law. Questions regarding these permits should be addressed to the Regional Office indicated on the reverse of this form. All applications, information and guidelines relative to these plans and permits are available from the same Regional Office. J J J PERMITS SPECIAL APPLICATION PROCEDURES or REQUIREMENTS Normal Process Time (Statutory Time Limit) C] Permit to construct & operate wastewater treatment Application 90 days before begin construction or award of construction 30 days facilities, sewer system extensions & sewer systems. contracts. On-site inspection. Post-application technical conference usual. (90 days) not discharging into state surface waters. 0 NPDES-permit to discharge into surface water and/or Application 180 days before begin activity. On-site inspection preapplication permit to operate and construct wastewater facilities conference usual. Additionally, obtain permit to construct wastewater treatment 90 -120 days discharging into state surface waters. facility-granted after NPDES. Reply time, 30 days after receipt of plans or issue (N/A) of NPDES permit-whichever is later. Water Use Permit Preapplication technical conference usually necessary 30 days 1 (N/A) 0 Well Construction Permit Complete application must be received and permit issued prior to the 7 days I installation of a well. (15 days) 0 Dredge and Fill Permit Application copy must be served on"each adjacent riparian property owner. d On-site inspection. Preapplication conference usual. Filling may require Easement SS ays - to Fill from N.C.Department of Admini$tration and Federal Dredge and Fill Permit (90 days) Permit to construct & operate Air Pollution Abatement facilities and/or Emission Sources as per 15 A NCAC N/A ` 60 days (2Q.0100, 2Q.0300, 2H.0600) Any open burning associated with subject proposal must be in compliance with 15 A NCAC 2D.1900 ® Demolition or renovations of structures containing asbestos material must be in compliance with 60 days 15 A NCAC 2D.1110 (a) (1) which requires notification N/A (90 days) and removal prior to demolition. Contact Asbestos Control Group 919-733-0820. Cl Complex Source Permit required under 15 A NCAC 2D.08D0 The Sedimentation Pollution Control Act of 1973 must be properly addressed for any land disturbing activity. An erosion & sedimentation 20 days control plan will be required if one or more acres to be disturbed. Plan filed with proper Regional Office (Land Quality Section) at least 30 (30 days) days before beginning activity. A fee of $50 for the first acre or any part of an acre. Q The Sedimentation Pollution Control Act of 1973 must be addressed with respect to the referenced Local Ordinance. I 30 days Sedimentation and erosion control must be addressed in accordance with NCDOTs approved program. Particular attention should be given to design and installation of appropriate perimeter sediment trapping devices as well as stable stormwater conveyances and outlets. Q Mining Permit On-site inspection usual. Surety bond filed with DENR. Bond amount varies with type mine and number of acres of affected land. Any are mined greater than 30 days one acre must be permitted. The appropriate bond must be received before (60 days) the permit can be issued North Carolina Burning permit On-site inspection by N.C. Division of Forest Resources if permit exceeds 4 days 1 day (N/A) Special Ground Clearance Burning Permit-22 counties On-site inspection by N.C. Division of Forest Resources required "if more than five 1 day in coastal N.Cwith organic soils. acres of ground clearing activities are involved. Inspections should be requested (N/A) at least ten days before actual burn is planned.' i Oil Rennin Facilities N/A T 90 - 120 days (N/A} Q I Dam SafetyPermit MKIVII 13 ? ( Permit to drill exploratory oil or gas well ? I Geophysical Exploration Permit Q I State Lakes Construction Permit i © 401 Water Quality Certification Q CAMA Permit for MAJOR development Q1 LAMA Permit for MINOR development s•t-ECIAL APPLICATION PROCEDURES or REQUIREMENTS If permit required, application 60 days before begin construction. Applicant must hire N.C. qualified engineer to: prepare plans, Inspect construction, certify construction is according to DENR approved plans. May also require permit under mosquito control program, and a 404 permit from Corps of Engineers. An inspection of site is necessary to verify Hazard Classification. A minimum fee of $200.00 must accompany the application. An additional processing fee based on a percentage or the total project cost will be required upon completion. File surety bond of $5,000 with DENR running to State of N.C. conditional that any. well opened by drill operator shall, upon abandonment, be plugged according to DENR rules and regulations. Application filed with DENR at least 10 days prior to issue of permit. Application by letter. No standard application form. Application fees based on structure size is charged. Must include descriptions & drawings of structure & proof of ownership of riparian property. N/A $250.00 fee must accompany application $50.00 fee must accompany application Q I Several geodetic monuments are located in or near the project area. If any monument needs to be moved or destroyed, please noti fy. N.C. Geodetic Survey, Box 27687 Raleigh, N.C 27611 Normal Process' Statutory lime L 30 days (60 days) 10 days (N/A) 10 days (N/A) 15 - 20 days (N/A) 55 days (130 days) 60 days (130 days) 22 days (25 days) IL u, any wens, it required must be in accordance with Tide I SA. Subchapter 2C.0100. ,.vuacauon or me proper regional office is requested if 'orphan' underground storage tanks (USTS) are discovered during any excavation operation. Ell Compliance with 15A NCAC 2H 1000 (Coastal Stormwater Rules) is required. * I Other comments (attach additional pages as necessary, being certain to cite comment authority) 45 days (N/A) REGIONAL OFFICES Questions regarding these permits should be addressed to the Regional Office marked below ? Asheville Regional Office 59 Woodf n Place ? Mooresville Regional office . El Wilmington Regional office Asheville, N.C. 28801 919 North Main street Mooresville N C 28115 127 Cardinal Drive Extension (828) 251-6208 , . . (704) 663-1699 Wilmington, N.C. 28405 (910) 395-3900 r ? Fayetteville Regional Office 225 Green Street Suite 714 Raleigh Regional Office ?° r ! C3 Winston-Salem Regional Office ' , Fayetteville, N.C. 28301 800 Barrett Drive, P.O. Box 27687 Raleigh, N.C 27611 585 Waughtown Street (910) 486-1547 . (919) 571-4700 Winston-Salem, N.C. 27107 (336) 771-4600 ? Washington Regional Office 943 Washington Square Mail Washington, N.C.27889 / (252) 946-6481 e J DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL HEALTH Inter-Agency Project Review Response r t Number 6 County Wake Proposed project is for Louis Stephens Dr Extension and Hopson Rd Realignment & Extension in Wake County; U-4410D Project Name NC DOT Type of Project ? The applicant should be advised that plans and specifications for all water system improvements must be approved by the Division of Environmental Health prior to the award of a contract or the initiation of construction (as required by 15A NCAC 18C .0300et. seq.). For information, contact the Public Water Supply Section, (919) 733-2321. ? This project will be classified as a non-community public water supply and must comply with state and federal drinking water monitoring requirements. For more information the applicant should contact the Public Water Supply Section, (919) 733-2321. ? If this project is constructed as proposed, we will recommend. closure of feet of adjacent waters to the harvest of shellfish. For information regarding the shellfish sanitation program, the applicant should contact the Shellfish Sanitation Section at (252) 726-6827. \ ? The soil disposal area(s) proposed for this project may produce a mosquito breeding problem. For information concerning appropriate mosquito control measures, the applicant should contact the Public Health Pest Management Section at (919) 733-6407. ? The applicant should be advised that prior to the removal or demolition of dilapidated structures, a extensive rodent control program may be necessary in order to prevent the migration of the rodents to adjacent, areas. For information concerning rodent control, contact the local health department or the Public Health Pest Management Section at (919) 733-6407. ? The applicant should be advised to contact the local health department regarding their requirements for septic tank installations' (as required under 15A NCAC 18A. 1900 et. sep.). For information concerning septic tank and other on-site waste disposal methods, contact the On-Site Wastewater Section at (919) 733-2895. ? The applicant should be advised to contact the local health department regarding the sanitary facilities required for this project. ? If existing water lines will be relocated during the construction, plans for the water line relocation must be submitted to the Division of Environmental Health, Public Water Supply Section, Technical Services Branch, 1634 Mail Service Center, Raleigh, North Carolina 27699-1634, (919) 733-2321. X ? For Regional and Central Office comments, see the reverse side of this form. Jim McRight PWS 03-17-05 Reviewer Section/Branch Date S:\Pws\Angela W\Clearinghouse\Review Response Pgs 1 and 2 for input.doc DEPARTMENT OF ENVIRONMENT AND Project 66 umber NATURAL RESOURCES DIVISION OF ENVIRONMENTAL HEALTH County Wake Inter-Agency Project Review Response NC DOT Proposed project is for Louis Stephens Dr Project Name Type of Project Extension and Hopson Rd. Realignment Comments provided by: & Extension in Sake County: U4410D ? Regional Program Person EX Regional Supervisor for Public Water Supply Section ? Central Office program person _ :. Michael Douglas-Raleigh RO Date: 3-17-05 - Name. Telephone number: - / ' -7 G Program within Division of Environmental Health: f-I Public Water Supply ? Other, Narne of Program: Response (check all applicable): ? No objection to project as proposed No comment insufficient information to complete review Comments attached ?e comments below 2t (00 Return to: Public Water Supply Section Environmental Review Coordinator for the Division of Environmental Health ?l NORTH CAROLINA STATE CLEARINGHOUSE DEPARTMENT OF ADMINISTRATION INTERGOVERNMENTAL REVIEW MS RENEE GLEDHILL-EARLEY CLEARINGHOUSE COORD DEPT OF CUL RESOURCES ARCHIVES-HISTORY BLDG - MSC 4617 RALEIGH NC REVIEW DISTRIBUTION CC&PS - DEM, NFIP DENR LEGISLATIVE AFFAIRS DEPT OF AGRICULTURE DEPT OF CUL RESOURCES DEPT OF TRANSPORTATION TRIANGLE J COG ;Ilk STATE NUMBER: 05-E-4220-0266 F02 DATE RECEIVED: 03/09/2005 AGENCY RESPONSE: 04/13/2005 REVIEW CLOSED: 04/18/2005 et CL5 F/j/? GJ ¶ PROJECT INFORMATION 4 0 n JI11 APPLICANT: N.C. Department of Transportation . CJ- TYPE: State Environmental Policy Act ERD: Environmental Assessment DESC: Proposed project is for Louis Stephens Drive Extension and Hopson Road Realignment n and Extension in Wake County: U-4410D rt The attached project has been submitted to the N'. C. State Clearinghouse for 11 intergovernmental review. Please review and submit your response by the above indicated date to 1301 Mail Service Center, Raleigh NC 27699-1301. If additional review time is needed, please contact this office at (919)807-2425. AS A RESULT OF THIS REVIEW THE FOLLOWING IS SUBMITTED: M NO COMMENT CO TS ATTACHED SIGNED BY: rR. DATE: 3',? D> APR-11-2005 12:30 FROM:DWQ-WETLANDS 9197336893 TO:97153060 P:3/5 :o? \NA r ot ?R4t; r 1? T April 11, 2005 NEMORe1NDUM To. Melba McGee ',Through: John Hennessy9??11 - From: Nicole Thomson Subject: Comments on the Environmcrital As:;wsment'Telated to the Louis Stephens Drive Extension and Hopson Road Realignment and Extension in Durham and Wake Counties. Sate Project No. 35021.2.1, TIP U-4410 D, DENR Project Number 05-0266. This office has reviewed the referenced document. The Division of Water Quality (DWQ) is responsible for the issuance of the Section 401 Water Quality Certification for activities that impact Waters of the U.S., including wetlands. It is our understanding that the project as presented will-result in impacts to jurisdictional wetlands and streams. The DWQ offers the following comments based on review` of the aforementioned document: A) According to the document, in March of 2001 the NCDWQ..1ssued a waiver of 401 Water. Quality Certification for DWQ Project No. 01-0053. A total of 1,062 linear feet of stream impacts were authorized under that waiver for the .Louis Stephens Drive and South Loop Road project. NCDOT is respectfully reminded that only those impacts were authorized under the original 401 Water Quality Certification as. described in the original application dated received January 18, 2001. Any new impacts and construction activities beyond those listed in the original application will require a new 401 Water Quality Application submittal. Rcvicw of the document shows that there will be new impacts to streams and'wetlands for the proposed. project, thus an application for a 401 Water Quality Certification will be required. B) According to the document, three small, forest wetlands were delineated in the project area. Two of the wetlands were determined to be either isolated or not under US Army Corps of Engineers jurisdiction. Pursuant to 15A NCAC 2H.., Section .1300, NCDOT is respectfully reminded that a NCDWQ staff member will need to verify the presence or absence of any isolated wetlands. Furthermore, should isolated wetlands be impacted due to construction activities, a State General Permit for Impacts to Isolated Wetlands and Isolated Waters will be required. C) The document does not present any mapping chat shrews the location of wetlands and streams. Tn addition. the document does not give any specified amount of anticipated impacts to wetlands and streams. Until the DWQ has a map that clearly displays all the wetlands, streams, and other surface waters located in the project, with the proposed project super..imposed onto those resources, we cannot agrcc that appropriate avoidance and mirurnization has occurred for this project. As such, issuance of the 401 Water Quality Certification for this project could be delayed until the information is provided to the DWQ for review, and we are convinced that all appropriate avoidance and minimization has occurred for this project. D) After the selection of the preferred alternative and prior to an issuance of the 401 Water Quality Certification, the NCDOT is respectfully reminded tbatthey will rieed to demonstrate the avoidance and minimization cif impacts to wetlands (and streams) to the maximum extent practical. Furthermore, wetland mitigation may be required for this project 1 vrihC;am]ina TranWrtallon Peraftig Unit ?1Qi1(Clll tf 1550 ;Aall Service Centor, Flalelgh. North Carolina 27699.1650 = Crabirea Boulward, Suite 250, Raleigh, North Unorma 27504 Phone: 919.733-M6 / FAX 919-733-68931 Internet httpJlh2o.enr..-tate.n?r9_vEe lea IZ. Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Kllmek, P.E. Director Division of Water Quality An Equal OpportimtylAMrrnatlve Acdon Employer - 50;16 Recycledll0°/6 Post Consumer der APP711-2005 12:31 FROM:DWQ-WETLANDS 9197336893 T0:97153060 P:4-15 E) In accordance with the Environmental Management Commission's Rules (15A NCAC 2H.0506(b)(6) }, midgation will be required for cumulative impacts of greater than 150 linear feet to any single perennial stream. In the event that mitigation is required, the mitigation plan should be designed to replace appropriate lost functions and values. In accordance with the Environmental Management Commission's Rules { 15A NCAC 2H.0506 (h)(3) ), the NC Ecosystem Enhancement Program may be available for use as stream mitigation. . F)' As part of the 401 Water Quality Certification Application process, INC DOT is respectfully reminded to include specifics for bout onsite and offsite mitigation plans. If mitigation is required, it is preferable to present a conceptual (if not finalized) mitigation plan with the enviromneotal documentation. While `iCDWQ realizes that this may not always be practical, it should be noted that for projects requiring mitiption, appropriate mitigation plans will be required in conjunction with the issuance of a 401 Water Quality Certification. G) Fume documentation, including the 401 Water Quality Certification Application, should include an itemized listing of the proposed wetland and stream impacts with corresponding mapping. 1) An analysis of cumulative and secondary impacts anticipated. as a result of this project is required. The type and detail of analysis should conform to the NC Division of Water Quality Policy on the assessment of secondary and cumulative impacts dated April 10, 2004. We unders4and that you have agreed to make this study a part of your 401 Water Quality Certification Application \\ 1) NC DOT is respectfully reminded that all impacts, including but not Iitiuted to, bridging, fill, excavation and clearing, to jurisdictional wetlands, streams, and riparian buffers need to be included in the final impact calculations. These impacts, in addition to any construction impacts, temporary or otherwise, also need to be included as part of the 401 Water Quality Certification Application. 1) Where streams must be crossed, the DWQ prefers bridges be used in lieu of culverts. However, we realize that economic considerations often, require the use of culverts. Please be advised that culverts should be countersunk to allow unimpeded passage by fish and other aquatic organisms. Moreover, in areas where high quality wetlands or streams are impacted; a bridge may prove preferable. When applicable, DOT should not install the bridge bents in the creek, to the maximum extent practicable. K) Sediment and erosion control measures should not be placed in. wetlands. T) Bormwlwaste area,,- should avoid wetlands to the maximum extent practicable. Impacts to wetlands in borrow/waste areas could precipitate compensatory mitigation. M) The 401 Water Quality Certification application will need to specifically address the proposed methods for stormwater management. More specifically, stormwater should not be permitted to discharge diro tly into streams or surface waters. N) Based on the information presented in the document, the magnitude of impacts to wetlands and streams may require an Individual Permit application to the Corps of EuEdneers and corresponding 401 Water Quality Certification. Please be advised that a 401 Water Quality Certification requires satisfactory protection of water quality to ensure that water quality standards are met and no wetland or. stream uses are lost. Final permit authorization will require the submittal of a formal application by the NCDOT and written concurrence from the NCDWQ. Please be aware that any approval will be contingent on appropriate avoidance and minlrni ation of wetland and stream impacts to the maximum. extent practical, the development of an acecptabie stormwater management plaxi, and the inclusion of appropriate mitigation plans where appropriate. APR-11-2005 12:31 FROM:DWO-WETLANDS 9197336893 • T0:97153060 P; 5,5 The NCDWQ appreciates the opportunity to provide comments on your project- Should require any additional information, please contact Nicole Thomson at (919) 715-34:15, You have any questions or cc: Mr. Eric Alsmeyer, US Army Corps of Eno news. Raleigh Ficld Office Mr. Gary Jordan, USFWS Mr. Travis Wilson, NCWRC Central Film File Copy Q\C4nzp0n&nccd2005 EA, EIS. F0NSI\U-4410MBnviroatmedt,-d Assessment Apr 05 3)1 1 ? ^I 1 ME ULKEY NGiN=ERS & CONSULTANTS MEMORANDUM TO: Nicole Thomson, NC Division of Water Quality FROM: Liz Kovasckitz, Mulkey Engineers & Consultants DATE: April 27, 2005 SUBJECT: NCDOT TIP Project No. U-4410 D Louis Stephens Drive Extension and Hopson Road Realignment and Extension, Research Triangle Foundation Project RTF-7 j On April 26, 2005 we met to discuss the comments submitted by the Division of Water on the Environmental Assessment (EA) prepared for the subject project. At the conclusion of our meeting you indicated that all issues raised in your April 11, 2005 letter to Melba McGee were satisfactorily addressed during our meeting. The purpose of this memo is to document our responses to DWQ comments on the EA and/or provide reference as to why responses are unnecessary as discussed in our meeting. \ Comment A: After reviewing the proposed plans, previous pern?[t submittals, and meetings that have occurred in the past, it was agreed that no additional DWQ permits are required for the project. Per your request, we are attaching a copy of the correspondence documenting S&EC's site meeting with :a Todd Tugwell of the US Army Corps of Engineers (LJSACE) where he confirmed S&EC's delineation and isolated wetland determinations (see attached S&EC correspondence dated 2/24/04). Comment B: The three wetlands discussed in the EA are shown in the S&EC correspondence referenced in item A above. One wetland was determined to be isolated (inset 1), and since the project impacted less than 0.1 acre of isolated wetland, did not require authorization from DWQ. " However, as a courtesy S&EC did notify DWQ of our client's intention to impact this area (see attached S&EC correspondence to John Dorney of DWQ dated 5/28/04). One wetland was determined not to meet wetland criteria due to lack of hydric soils (inset 2). The third is avoided by the project (inset 3). The plans included in Appendix C of the EA show a wetland on sheet RTF 6-6. This wedand was ?. determined not to meet wetland criteria and should have been removed from the plans. The wetland shown on plan sheet RTF6-10 is an isolated wetland that occurs in a power line easement outside of the project area. Comment M: Since the project is in the Cape Fear River Basin and not the Neuse River Basin, we agreed that direct discharges of stormwater are not prohibited and therefore no additional response is required to this item. Because no further authorization is required from DWQ, we agreed that the remaining comments do not require responses. MULKEY INC. 6750 TRYON ROAD CARY. NC 2751 1 PC BOX 33127 RALEIGH. NC 27636 PH: 919-851-1912 FAX: 919-951-1918 WWW.MULKEYINC.COM 0 1 . 1 As requested in the meeting, we are providing the DWQ project number for the Mount Vernon Springs mitigation site, the design for which was reviewed and approved by DWQ. The number is DWQ # 01-1206. The mitigation site has been constructed per the approved plan. The site is being used to provide DWQ and USACE required mitigation for this project and for a lake project at Research Triangle Park. Thank you very much for meeting with us so quickly and agreeing to respond promptly to this memo in order to resolve this matter. We apologize that the information was not presented as clearly as it could have been, but as you have seen, it is a fairly unique and complex situation. If you have any questions, please call me at (919)858-1808. My email address is Ikovasckitz c mulke? inc.com and my fax number is (919) 851-1918. cc: Kevin Martin, S&EC Vince Rhea, NCDOT Liz Rooks, RTF Don Morton, Mulkey Cindy Carr, Mulkey 2001109.01 file # t . Ht'K-c:U-e.WM 19:11 rKUr1: UWU-tom 1 LFT4US y1y (SSbEiJ3 I U: 98511918 P: 2/5 of WA`?21 • WOW F. Easley, Governor Wiliam G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director ? Division of Water Quality April 28, 2005 MEMORANDUM To: Melba McGee ti From., Nicole Thomson Subject- Addendum to Comments on the Environmental Assessment related to the Louis Stephens Drive Extension and Hopson Road Realignment and Extension in Durham and Wake Counties, Sate Project No. 35021.2.1, TIP U-4410 D, DENR Project Nurnber 05-0266. This office has reviewed the referenced document. The Division of Water Quality (DWQ) is responsible for the issuance of the Section 401 Water Quality Certification for activities that impact Waters of the U.S., including wetlands. After meeting with Liz Kovasekitz and Cindy Carr of Mulkey Engineers & Consultants and Kevin Martin of S&BC on April 26, 2005, it is our understanding that the project as presented will result in no impacts to jurisdictional wetlands and streams. The DWQ offers the following comments based on review of the afoxemeutioned document and subsequent meeting: A.) According to the document, in March of 2001 the NCDWQ issued, a waiver of 401 Water Quality Certification for DWQ Project No. 01-0053. A total of 1,062 linca? feet of stream impacts were authorized under that waiver for the Louis Stephens Drive and South Loop Road project. NCDOT is respectfully reminded that only those impacts were authorized under the original 401 Water Quality Certifiication as described in the original application dated received January 18, 2001. Any new impacts and construction activities beyond those listed in the original application will require a new 401 Water Quality Application submittal. Review of the document shows that there will be new impacts to streams and wetlands for the proposed project, thus an application for a 401 Water Quality Certification will be required. A meeting with Liz Kovmckitz, Cindy Carr and Kevin Martin on April 26, 2005 demonstrated through previous perrWt submittals and meetings with both John Dorney of NC DWQ and Todd Tugwell of USACOE that the abovementioned project would not result in any additional impacts to wetlands or streams and therefore, no 401 Water Quality Certification would be required. B) According to the document, three small forest wetlands were delineated in the project area. Two of the wetlands were determined to be either isolated or not under US Army Corps of Engineers jurisdiction. Pursuant to 15A NCAC 2H, Section .1300, NCDOT is respectfully mi loded that a NCDWQ staff member will need to verify the presence or absence of arty isolated wetlands. Furthermore, should isolated wetlands be impacted due to construction activities, a State General Permit for Impacts to Isolated Wetlands and - Isolated Waters will be required. A meeting with Liz Kovasckitz, Cindy Carr and Kevin Martin on April 26, 2005 demonstrated that impacts to the one isolated wetland on the project would be 1e.?5 than 0.1 acres and therefore did not require authorization from DWQ, per correspondence from John Dorney dated May 28, 2004, In addition, 2 wetlands on the project were determined to not meet wetland criteria. a third wetland is avoided completely by the project and the final wetland is an isolated wetland that occurs outside of the project area. Since the impacts to the isolated wetland will be less than 0.1 acres. no State General Permit for Impacts to Isolated Wetlands and Isolated Waters will be required. In addition, as there are no additional wetland impacts, no 401 Water Quality Certification is required. *N4 "no o hCarsa?l?ippa TranspoRotbn permitting Unit ,11 1ZlrQUJ,/ 1650 Mall Sarrtdca Canter, Ralalgh, North Carolina 27689.1550 2321 Crabtree Boulevard, Suite 250, Raleigh, North Caroft 27604 Phone: 919733.1786) FAX 919-733-M I Internet httaJ/h2o.enr.state.nc.usfnewetlands Art Equal OpportunllylAMrrmaatlva Action Employer -SWo Aaeydedl10% Post Consumer Paper '' APR-28-2005 14:12 FROM:DWQ-WETLR4DS 9197336893 70:96511918 r:3'D C) The document does not present any mapping that shows the location of wetlands and streams. In addition, the document does not give any specified amount of anticipated impacts to wetlands and streams. Until the DWQ has a map that clearly displays all the wetlands, streams, and otber surface waters located iu the project, with the proposed project superimposed onto those resources, we cannot agree that appropriate avoidance and minimization has occurred for this project. As such, issuance of the 401 Water Quality Certification for this project could be delayed until the information is provided to the DWQ for review, and we no convinced that all appropriate avoidance and minimization has occurred for this project. A meeting with Liz Ii ovaseldtz, Cindy Carer and Kevin Martin On Apn7 26,2W5 demonstrated through previous permit submittals and meetings with both John Dorney of NC DWQ and Todd Tugwell of U5ACOS that the abovemcntimned project would not result in any additional i mPwts to wettands or streams and therefore, no 401 Water Quality Certification would be required. D) After the selection of the preferred alternative and prior to an issuance of the 401 Water Quality Certification, the NCDOT is>;espectfully reminded that they will need to demonstrate the avoidance and minimization of impacts to wetlands (and streams) to the maximum extent practical. Furthermore, wetland mitigation may be required for dais project. A meeting with x iz Kovasoldtz, Cindy Carr and Kevin Matin on April 26, 2005 demonstrated tluougb previous permit submittals and meetings with both Jobn N+ mey of NC DWQ and Todd Tugwcll of USACOE that the abovementioned project would not resuli\i`n, any additional impacts to wetlands, therefore satisfying the need to demonstrate avoidance and minimizatioh of impacts. zr, addition, a.? there are no new additional impacts to wetlands, no additional wetland mitigation will be required for this project. E) In accordance with the Euvironmental Management Commtimion's Rules { 15A NCAC 2H.Q506(b)(6) },. mitigation will be required for cumulative impacts of greater than 150 linear feet to any single perennial stream., In the event that mitigation is required, the mitigation plan should be designed to replace appropriate lost functions and values. In accordance with the Environmental Management CoAwnission's Rules { 15A NCAC M0506 (h)(3) }, the NC Ecosystem Enhancement Program may be available fur use as stream mitigation. A meeting with -l;.ia Kovaseldtz, Cindy Carr and Kevin Martin on April 26, 2005. demonstrated through previous permit submittals and meetings with both John Dorney of NC DWQ and Todd Tugweil of USACOE that the abovementioned project would not result in any additional impacts to streams, therefore no additional stream mitigation will be required for this project. p) As part of the 401 Water Quality Certification Application process, NC DOT is respectfully reminded to include specifics for both onsitc and ofEsife mitigation plans. if mitigation is required, it is preferable to present a conceptual (if not finalized) mitigation plan with th6 euvirortmental documentation. While NCDWQ realizes that this may not always be practical, it should be noted that for projects requiring mitigation, appropriate mitigation plans will be required in conjunction with the issuance of a 401 Water Quality Ceatificatiou, A meeting with Liz K.ovaseldtz, Cindy Carr and Kevin Martin on April 26, 2005 demonstrated f b previous permit submittals and meetings with both John Dorney of NC DWQ and Todd gwell USACOE that the abovementioned project would not result in any additional impacts to wetlands or streams and therefore, no additional mitigation is required. Pktrthermore, the Mount Vernon Springs lviitigation site (DWQ No. 01-1206) was reviewed also approved by DWQ for previous impacts to prior phases of this project. The required mitigation site has been constructed per the approved plan. I 1 Iv/t-CO-G,JCJJ lZ • 1G r" ICUI i • uwut-rvc I urn ru,7 717 1 JJ007J I U 0 70.711710 (1) Future documentation, including the 401 Water Quality Certification Application, should include an itemized listing of the proposed wetland and streams impacts with corresponding mapping. A meeting with Liz Kovasckitz, Cindy Carr and Kevin Martin on April 26, 2005 demonstrated through previous permit submittals and meetings with both Tohn Dorney of NC DWQ and Todd Tugwell of USACOL that the abovementioned project would not result in any additional impacts to wetlands or streams and therefore, no 401 Water Quality Certification would be required. H} An analysis of cumulative and secondary impacts anticipated as a result of this project is required. The type and detail of analysis should conform to the NC Division of Water Quality Policy on the assessment of secondary and cumulative impacts dated April 10, 2004. We understand that you have agreed to make this study a part of your 401 Water Quality Certification Application. A meeting with Liz Kovasckitz, Cindy Carr and Kevin Martin on April 26, 2005 demonstrated through previous permit submittals and meeth4s with both John Dorney of NC DWQ And Todd Tugwell of USACOE that the abovementioned project would not result in any additional impacts to wetlands or streams and therefore, no 401 Water Quality Certification would be required. )r) NC DOT is respectfully reminded that all impacts, including bu4 not limited to, bridging, fill, excavation and clearing, to jurisdictional wetlands, streams, and riparian buffers need to be included in the final impact calculations. These impacts, in addition to any construction iwpa6s, temporary or otherwise, also need to be Included as part of the 401 Water Quality Certification Application. A meeting with Liz Kovasckitz, Cindy Carr and Kevin Martin on April 26, 2005 demonstrated through previous permit submittals and meetings with both John homey of NC DWQ and Todd Tugwell of USACOE that the abovenventioned project would not result in any additional impacts to wetlands or streams and therefore, no 401 Water Quality Certification would be required. J) Where streams must be crossed, the DWQ prefers bridges be used in lieu of culverts. However, we realize that economic considerations often require the use of culverts. Please be advised that culverts should be countersunk to allow unimpeded passage by fish and other aquatic organisms. Moreover, in areas where high quality wetlands or streams are impacted, a bridge may prove preferable. When applicable, DOT should not install the bridge bents in the creek, to the :maximum extent practicable. A meeting with Liz Kovasckitz, Cindy Carr and Kevin Martin on April 26, 2005 demonstrated through previous permit submittals and meetings with both John Dorney of NC DWQ and Todd Tugwell of USACOE that the abovementioned project would not result in any additional impacts to streams and therefore, no bridges or culverts are necessary. K) Sediment and erosion control measures should not be placed in wetlands. A meeting with Liz Kovasekitz. Cindy Carr and Kevin Martin on April 26, 2005 demonstrated through previous permit submittals and meetings with both John Dorney of NC DWQ and Todd Tugwell of USA.COE that the abovementioned project would not result in any additional impacts to wetlands. L) Sorrow/waste areas should avoid wetlands to the maximum extent practicable. Imparts to wetlands in borrow/waste areas could precipitate compensatory mitigation. A meeting with Liz Kovasckitz, Cindy Carr and Kevin Martin on April 26.2005 demonstrated through previous permit submittals and meetings with both Tohn Dorney of NC DWQ and Todd Tugwell of USACOE that the abovementioned project would not result in any additional impacts to wetlands, I ? 1 a APR-213-2005 14:13 FROM: DWQ-WETLRNU5 `)19 r wry i u: 70211710 r . Io The 401 Water Quality Certification application will need to specifically address the proposed methods for stormwater management More spocificalIy, Starmwater should not be permitted m discharge directly into streams or surface wat em. A meeting with Liz Kovaseldtz, Cindy Carr and Kevin Martin on April 26,2o05 pointed out that this project is within the Cape Fear River Basic and not the Neuse River Basin, therefore the direct discharge of stormwater to streams or surface waters is not pmbibited. N) Based on the ifnf matidn presented in the document, the magnitude of impacts to wetlands and streams may require an Individual Permit application to the Corps of Engineers and corresponding 401 Water Quality Certification. Please be advised that a 401 Water Quality Cextification requires satisfactory protection of water quality to ensure that water quality standards are met and no wetland or stream uses are lost. Final permit authorization will require the submittal of a formal application by the NCDOT and written concurrence from the NCDWQ. Ploaso be aware that any approval will be contingent on appropriate avoidance and mirtimization of wetland and stream impacts to the maximum extent practical; the development of an acceptable stnrmwatw management plan, and the inclusion of appropriate mitigation plans whero appropriate. A meeting with Liz Kovasck itz, Cindy Cafe and Kevin n on April 26, 2005 demonstrated through previous permit submittals and meetings with both John Doiney of NC DWQ and Todd Tugwell of USACOE that the abovementioned project would not result i? any additional impacts to wetlands or streams and therefore, no Individual Permit from the Corps of Fngiuneers or 401 Water Quality Certification would bo rcgdmd. The NCDWQ appreciates the opportunity to provide comments on your project. Should you have any questions or require any additional inforrhatiion, please contact Nicole Thomson at (919) 715-3415. cc: Mr. Eric ,Alsmeyez, US Army Corps of Engineers, Raleigh Field OfSce Mr. Gary Jordan, USFWS Mr. Travis Wilson, NCWRC Mr. Kevin Martin, S&EC, 1101 Raven Ridge Rd, RWei-gh, NC 27614 K%. Elizabeth Kovasekitz, AMP, Planning Group Manager. 6750 Tryon'Rd, Cary, NC 27511 Ms. Cindy Carr, Natural Resources Project Manager, 6750 Tryon Rd, Cary, NC 27511 1 &. Vince Rhea, PE, NCDOT FDEA Ms. Gail Grimes, PE, NCDOT PDEA Central Files File Copy C:ICarrespondcocc\= RA, W, PONS15U441QTJWaMroxkin=t81'Ass=mnnent Addendum Apr 05 The at-grade railroad crossing alternative relocates the current crossing on South Alston Avenue approximately 1,764 feet south to Hopson Road between Louis Stephens Drive and South Alston Avenue. The existing South Alston Avenue crossing is located between two curves in the road and at a curve in the railroad tracks, diminishing sight distance for trains and vehicles approaching from both directions. The relocated at-grade crossing would be situated at a straight section of track and along a straight section of roadway, improving safety. A railroad signal and gates similar to those used at the present crossing would be used at the new location. Louis Stephens Drive is proposed as a four-lane, two-way divided facility with four-foot paved shoulder sections, a 34-foot raised curb median and 12-foot travel lanes (see Figure 2). These improvements will be implemented in two construction phases, with two lanes paved and two lanes graded until future traffic warrants full service on the proposed facility. Hopson Road is designated to become a four-lane, two-way facility with shoulder section and raised curb median (see Figure 3). The 12-foot lanes will have four-foot paved shoulders and a 16-foot raised median. The anticipated posted speed for both roads is 45 mph. A Louis Stephens Drive will be on a 200-foot right-of-way and Hopson Road will be on a 150-foot right-of-way. Research Triangle Foundation will convey all right-of-way it owns or controls J needed for the project. The NCDOT will acquire right-of-way not owned by RTF. Total permanent right-of-way requirements for the overall project are 31.02 acres. Permanent drainage easement requirements for the project total 3.61`,acres. a J Louis Stephens Drive Extension Document Date: 4/27/2005 - U-4410 D Finding of No Significant Impact Date Printed: 4/27/2005 5 1 i, . ? - Z -- -1 3.0 SUMMARY OF SPECIAL PROJECT COMMITMENTS Durham and Wake Counties SR 2500 (Louis Stephens Drive) Extension from SR 3093 (Development Drive) to SR 1978 (Hopson Road, and SR 1978 (Hopson Road) Realignment and Extension State Project No. 35021.2.1 T.I.P. Project No. U-4410 D PROJECT COMMITMENTS In addition to the standard Nationwide Permit No. 14 Conditions, the General Nationwide Permit Conditions, Section 404 Only Conditions, Regional Conditions, State Consistency Conditions, NCDOT's Guidelines for Best Management Practices for the Protection of Surface Waters, General Certification Conditions, and Section 401 Conditions of Certification, the following special commitments have been agreed to by the NCDOT: Pre-Construction Commitments Division of Hi_,ghways - Contract Services, Right-of-Wav Branch The Contractor will be required to provide coverage for all work to be performed on CSZ right- of-way per Insurance Special Provisions - CSZ Transportation, Inc. Louis Stephens Drive Extension Document Date: 4/27/2005 U-4410 D Finding of No Significant Impact Date Printed: 4/27/2005 9 e 4.0 SUMMARY OF BENEFICIAL AND ADVERSE ENVIRONMENTL IMPACTS u 1 J a a After review of the analysis of alternatives in the Environmental Assessment, it has been determined that the Louis Stephens Drive Extension and Hopson Road Realignment with At- Grade Rail Crossing is the least environmentally damaging, most practicable alternative. Wetlands and Surface Waters Three small wetlands were identified in the project corridor during February 2003; however these wetlands are either non-jurisdictional or avoided by the project. The United States Army Corps of Engineers issued Nationwide Permit 14 for the 91-acre project area located between Hopson Road and Davis Drive in. Research Triangle Park on July 31, 2003. The permit was reauthorized on February 2, 2005 (see Appendix A). The permit authorizes 1,042 linear feet of stream channel impacts. Proposed Louis Stephens Drive will cross Long Branch and an unnamed tributary to Northeast Creek. The proposed project will pipe the streams under the road. Approximately 650 feet of stream channel will be impacted. Temporary, short-term impacts to water quality from construction-related activities include increased sedimentation and turbidity. Additional temporary, but more long-term construction related impacts to water resources include substrate destibilization, bank erosion, increased turbidity, altered flow rates, and possible temperature fluctuations within the channel due to removal of streamside vegetation. Vegetation and Wildlife Impacts to terrestrial vegetative communities consist of approximately 3.1 acres of alluvial forest; 60.2 acres of mixed hardwood forest; and 12.5 acres of man-dominated (maintained utility easement) areas. These impact estimates are based on a 400-foot wide study corridor along Louis Stephens Drive and a 300-foot wide study corridor along the Hopson Road realignment. Permanent impacts depend on final roadway design but are expected to be less based on the 200-foot right-of-way for Louis Stephens Drive and the 150-foot right-of-way for Hopson Road. Fluctuation in populations of animal species which utilize terrestrial areas is anticipated during the course of construction. Slow-moving, burrowing, and subterranean organisms will be directly impacted by construction activities, while mobile organisms will be displaced to adjacent communities. Impacts will be temporary in nature and population levels can be expected to return to pre-construction conditions once work is complete. Cultural Resources There are no known structures of historical or architectural importance located within the project area. There are no known archaeological sites within the project area. Louis Stephens Drive Extension Document Date: 4/27/2005 U-4410 D Finding of No Significant Impact Date Printed: 4/27/2005 11