20201018 Ver 1_Public Notice_20200831

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US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: August 20,2020
Comment Deadline: September 20, 2020
Corps Action ID Number: SAW-2020-00216
The Wilmington District, Corps of Engineers (Corps) received an application from the
Town of Holly Springs seeking Department of the Army authorization to discharge fill
material into waters and wetlands in Hydrologic Unit Code (HUC) 03020201 (Neuse
River Basin), associated with Holly Springs Road Widening—Phase 2 in Wake County,
North Carolina.
Specific plans and location information are described below and shown on the attached
plans. This Public Notice and all attached plans are also available on the Wilmington
District Web Site at:
https://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Public-Notices/
Applicant: Town of Holly Springs
Attn: Mr. Tim Athy, P.E.
128 South Main Street
Holly Springs, NC 27540
Agent: Kimley-Horn and Associates, Inc.
Mr. Jason Hartshorn, PWS
421 Fayetteville Street, Suite 600
Raleigh,NC 27601
Authority
The Corps evaluates this application and decides whether to issue, conditionally issue, or
deny the proposed work pursuant to applicable procedures of the following Statutory
Authorities:
• Section 404 of the Clean Water Act (33 U.S.C. 1344)
[' Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)
❑ Section 103 of the Marine Protection,Research and Sanctuaries Act of 1972
(33 U.S.C. 1413)
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Location
Location Description: The proposed project (Project) consists of±40 acres along 1.5
miles of the existing Holly Springs Road, extending from Flint Point Lane to Sunset Lake
Road, in Holly Springs, Wake County,North Carolina.
Project Area(acres): —40 acres Nearest Town: Holly Springs
Nearest Waterway: Middle Creek River Basin: Neuse River
Latitude and Longitude: 36.660284N, -78.806732W
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Existing Site Conditions
The approximately 40-acre Project corridor and its vicinity are comprised of moderately
dense commercial development and residential areas scattered throughout a suburban
landscape. In addition to commercial and residential development, the corridor includes
institutional and recreational facilities and forested areas adjacent to Middle Creek. The
Project is located within the Town of Holly Springs and currently has five different land-
use zoning types denoted by Wake County. These zones include: R-10: Residential; R-
15: Residential; R-20: Residential; LB: Local Business; and PUD: Planned Unit
Development.
The Project is located in the Neuse River Basin [U.S. Geological Survey(USGS) 8-digit
HUC: 03020201].
The Project is located in the Piedmont physiographic region of North Carolina. A review
of the Apex,North Carolina USGS topographic quadrangle map indicates that the Project
and surrounding areas have moderate topographic relief, with elevations ranging from
310 to 450 feet above mean sea level. In general, the Project slopes up on both sides of
the Middle Creek riparian zone. Multiple hill tops and crenulations exist throughout the
Project.
There is an existing triple barrel 10' x 9' Reinforced Concrete Box Culvert(RCBC)
carrying Middle Creek beneath Holly Springs Road. In order to facilitate the widening of
Holly Springs Road, modifications to the existing culvert are required. In addition, the
roadway approaches to the crossing are at approximately the same elevation as the
adjacent floodplains. As such, the roadway is frequently overtopped by Middle Creek
during storm events, forcing the Town of Holly Spring and North Carolina Department of
Transportation (NCDOT) to close the road to traffic. Based on the Federal Emergency
Management Agency(FEMA) hydraulic models, the 10-year storm event overtops the
roadway. The road closure creates life-safety issues as first responders from the fire and
police departments near Flint Point Lane cannot access points east of the Middle Creek
crossing.
A delineation of the Project identified three streams (S1, S2 and Middle Creek) totaling
approximately 1,239 linear feet(LF). Middle Creek(315 LF) and S1 (386 LF) have a
perennial flow regime throughout the Project and S2 has 51 LF of intermittent flow and
487 LF of perennial flow within the Project. The stream classification for Middle Creek
is C; NSW. Middle Creek, within the Project, is listed on the North Carolina 2018 Final
303(d) list of impaired waters for having a"Benthos (Nar, AL, FW)"rating of"Fair"
(Category 5).
A delineation of the Project identified five wetlands (WA—WE)totaling approximately
1.4 acres. Wetlands WA (0.16 acre), WB (0.82 acre), WC (0.32 acre), and WD (0.08
acre) are bottomland hardwood forest wetlands located within the active floodplain of
Middle Creek. These wetlands receive hydrology from a combination of overbank
flooding from Middle Creek, stormwater drainage, and groundwater. Hummocked
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topography was observed throughout these wetlands. Throughout all four wetlands, soils
were found to be saturated at a depth of approximately 10 inches and the water table was
observed at a depth of approximately 20 inches. Hydrologic indicators such as water-
stained leaves, dry-season water table, and a FAC-Neutral test were observed within all
four wetlands. The dominant trees/shrubs observed at the wetland data form location
included red maple (Acer rubrum), musclewood(Carpinus caroliniana), and sweetgum
(Liquidambar styraciflua). Dominant species observed in the herbaceous layer typically
included giant cane (Arundinaria gigantea) and various sedges (Carex spp.). The soil
profile consists of chroma 2 loamy/clayey soils and distinct redox concentrations
indicating a depleted matrix. Wetland WE (0.02 acre) originates at the toe of a hillside
and drains downslope into the adjacent stream Si. This wetland receives hydrology from
stormwater drainage and seepage from the adjacent hillside. Saturation was observed at a
depth of 4 inches and the water table was observed at a depth of 6 inches below the soil
surface. Hydrologic indicators such as sediment deposits, water-stained leaves, surface
soil cracks, drainage patterns, crayfish burrows, and FAC-Neutral test were observed
within WE. The dominant shrubs observed at the wetland data form location were
Chinese privet (Ligustrum sinense), and Virginia sweetspire (Itea virginica). Dominant
species observed in the herbaceous layer typically included various sedges and Japanese
stiltgrass (Microstegium vimineum). The soil profile consists of chroma 1 loamy/clayey
and chroma 1 sandy soils with prominent redox concentrations indicating a depleted
matrix. A dense gravel layer was observed at a depth of 10 inches below the soil surface.
Intermittent and perennial stream features within the Project are subject to the Neuse
River Basin Buffer Rules (15A NCAC 02B .0233) administered by the NC Division of
Water Resources (NCDWR). In the Buffer Determination Letter dated January 10, 2020,
NCDWR confirmed that all three streams identified within the Project are subject to
jurisdiction under the Neuse River Riparian Buffer Rules. The Corps office reviewed the
delineation and supporting evidence and confirmed the field delineation conducted by
Kimley-Horn in an email dated January 31, 2020. The Preliminary Jurisdictional
Determination letter is pending.
Field evaluations of representative wetland assessment areas within each of the five
delineated wetlands were conducted on April 17, 2020. Data collected during this Project
evaluation, as well as the extensive data collected during the wetland delineation efforts
were used as part of a North Carolina Wetland Assessment Method(NCWAM)
evaluation. Two NCWAM wetland types were observed within the Project: bottomland
hardwood forest (wetlands WA, WB, WC and WD) and headwater forest(wetland WE).
The bottomland hardwood forest wetlands had a"High" overall rating due to their
geomorphic position within the floodplain of Middle Creek and their general connectivity
to the landscape. The headwater forest wetland scored a"High" overall rating due to its
strong connectivity to stream S 1 and hydrologic function.
Field evaluations of representative stream reaches within each of the three delineated
streams were conducted on April 17, 2020.
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Data collected during this Project evaluation, as well as the extensive data collected
during the stream delineation efforts were used as part of a North Carolina Stream
Assessment Method(NCSAM) evaluation. Streams Si and Middle Creek scored"High"
overall ratings due to their strong hydrologic connectivity and hydrologic function.
Stream S2 scored a"Low" overall rating due to its lack of biology and lack of flow
within the reach.
Based on information obtained from the United States Department of Agriculture
(USDA)Natural Resources Conservation Service (NRCS) Soil Survey for Wake County,
the soils within the Project are composed of eight soil series summarized in the table
below.
Map Percentage Hydric
Soil Series Name Symbol Drainage Class of Project Status
Altavista fine sandy loam, 0 to Moderately Well- Primarily
4%slopes, rarely flooded AaA Drained 1'7 Non-Hydric
Appling sandy loam,2 to 6%
slopes ApB Well-Drained 6.6 Non-Hydric
Cecil sandy loam,2 to 6% slopes CeB Well-Drained 6.9 Non-Hydric
Chewacla and Wehadkee soils, 0 Somewhat Poorly Primarily
to 2%slopes, frequently flooded ChA Drained 14.5 Non-Hydric
Pacolet sandy loam, 10 to 15% PaD Well-Drained 4.2 Non-Hydric
slopes
Pacolet sandy loam, 15 to 25% PaE Well-Drained 9.5 Non-Hydric
slopes
Ur Urban Land Ur N/A 39.8 Non-Hydric
Wedowee sandy loam, 10 to WeD Well-Drained 16.9 Non-Hydric
15%slopes
The 40-acre Project includes moderately dense commercial development and residential
areas scattered throughout a suburban landscape. Three terrestrial communities were
identified within the Project.
Community Dominant Species(scientific name) Coverage(ac.)
loblolly pine(Pinus taeda)
Maintained/Disturbed red maple (Acer rubrum) 27.58
white oak(Quercus alba)
sweetgum(Liquidambar styraciflua)
Mixed Hardwood Forest willow oak(Quereus phellos) 37
musclewood(Carpinus caroliniana)
giant cane (Arundinaria gigantea)
loblolly pine (Pinus taeda)
Mixed Pine Forest yellow poplar(Liriodendron tulipifera) 7.05
white oak(Quercus alba)
Total 40 acres
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A review of the North Carolina Floodplain Mapping Information System, accessed July
29, 2020, indicates that the Project contains 0.2% Annual Flood Hazards Zones, 1%
Annual Flood Hazards (Zone AE) Zones, and FEMA-regulated floodways associated
with Middle Creek, as designated by FEMA (FEMA Flood maps panel 3720065900J
[effective May 2, 2006]). A Conditional Letter of Map Revision(CLOMR) from the
FEMA Floodplain Manager is being pursued as part of the Project and would be received
prior to construction.
Applicant's Stated Purpose
The public need for the Project is fundamentally a result of existing traffic congestion and
the importance of Holly Springs Road as a main connector within the Town of Holly
Springs. Holly Springs Road serves as a critical transportation corridor which connects
northeastern Holly Springs and points north such as Cary and Raleigh with downtown
Holly Spring. The current overtopping of Holly Springs Road by Middle Creek during
even the 10-year storm event presents frequent life safety concerns as Holly Springs
Road is blocked and emergency services cannot cross Middle Creek. Additionally, land
use in the vicinity of the Project is predominantly residential and commercial. Currently,
pedestrian mobility is severely limited through this corridor due to the lack of sidewalks
and shoulders along Holly Springs Road. Mobility improvements proposed by the
Project would increase safety for the public in this corridor.
The purpose of the Project is to improve vehicular, pedestrian, and bicyclist mobility
along the corridor. This segment of Holly Springs Road is congested and is anticipated to
experience an increased growth in traffic once NC 540 connects to Holly Springs Road
with a new interchange. Holly Springs Road serves as a critical transportation corridor
which connects northeastern Holly Springs and points north such as Cary and Raleigh
with downtown Holly Springs. Variation in the typical section leads to driver confusion
and is inconsistent with local plans. Other projects propose to widen Holly Springs Road
to four lanes adjacent to this segment: NC 540 Extension (R-2721) north of Sunset Lake
Road and Holly Spring Road Phase I (U-6094) south of Flint Point Lane. Existing
sidewalks on this segment of Holly Springs Road are intermittent and of varying widths
and materials, and this Project would provide additional sidewalk consistent with the
Town's transportation plan.
Project Description
The overall Holly Springs Road Widening project is a phased project. Phase 1 of the
Holly Springs Road Widening is being completed as NCDOT State Transportation
Improvement Program(STIP) Project U-6094 which proposes to widen Holly Springs
Road from east of NC 55 (Main Street)to Flint Point Lane and is estimated to begin
construction in the fiscal year 2021. No impacts to potential jurisdictional resources are
proposed by U-6094.
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The currently proposed project includes only Phase 2 of the Holly Springs Road
Widening, in which the Town of Holly Springs proposes to widen approximately 1.5
miles of the existing Holly Springs Road from Flint Point Lane to Sunset Lake Road.
The Project proposes to widen the roadway, which currently varies in width from a
minimum of a two-lane undivided shoulder section to a fully developed four-lane median
divided typical section with sidewalks, to a four-lane, median divided typical section with
eight-foot sidewalks and curb and gutter on both sides. The inside travel lanes are
proposed to be 12 feet wide with wider 14-foot outside lanes which would be marked as
shared use bike lanes. The Project is currently a locally funded transportation bond
through the Town of Holly Springs. The existing triple barrel box culvert carrying Middle
Creek beneath Holly Springs Road would be removed&replaced with a three-span, 150-
foot bridge.
The Project would result in 494 LF of permanent stream channel impacts, 196 LF of
permanent(no functional loss) stream channel impacts, 16 LF of temporary stream
channel impacts, 0.69 acre of permanent wetland impacts and 0.064 acre of temporary
wetland impacts. Development of the Project would result in permanent wetland impacts
due to the construction of the roadway crossing, fill slopes, and bridge
approaches/supports within wetlands WA, WB, WC, WD, and WE. The Project would
result in permanent stream and riparian buffer zone impacts due to the construction of the
roadway crossing, fill slopes, and bridge approaches over perennial stream S 1, and
intermittent and perennial portions of stream S2, and Middle Creek.
Permanent impacts to Middle Creek would be limited to permanent (no functional loss)
impacts resulting from the removal of the existing culverts and stabilization of the stream
banks beneath the proposed bridge. Additional permanent (no functional loss) impacts
would result from keyed-in rip rap outlet protection in stream S2.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or
minimize impacts to the aquatic environment: The proposed alignment utilizes existing
infrastructure to the greatest extent practicable and impacts are associated with widening
the existing road corridor to minimize impacts from new location road construction. The
proposed alignment is designed to cross S 1, S2, and Middle Creek as close to
perpendicular as practical to minimize stream impacts. Permanent impacts to Middle
Creek would be limited to no net loss impacts resulting from the removal of the existing
culverts and stabilization of the stream banks beneath the proposed bridge.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment: the applicant proposes to provide mitigation
for all permanent stream and wetland impacts within the Project by purchasing
compensatory mitigation credits through third-party mitigation bankers.
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The applicant proposes a mitigation ratio of 2:1 for permanent wetland impacts to offset
unavoidable wetland losses. The applicant plans to purchase these credits through
Wildlands Holdings III, LLC: Falling Creek Umbrella Bank- McClenny Acres II
Mitigation Site and has obtained a Statement of Availability (SOA) for up to 1.38 acres
of wetland credits.
The applicant proposed to provide compensatory mitigation at a 1:1 ratio to offset
impacts to NCSAM rated"low" S2 (223 LF) and a 2:1 ratio to offset impacts to NCSAM
rated"high" S 1 (271 LF). The applicant does not propose mitigation for the no functional
loss permanent stream channel impact associated with riprap stabilization of Middle
Creek or riprap for outlet protection with S2.
This results in a requirement of 765 LF of stream mitigation credits. The applicant plans
to purchase a portion of these credits through the following third-party mitigation banks:
• 169.3 LF of stream credits from Wildlands Holdings III, LLC: Falling Creek
Umbrella Bank-McClenny Acres II Mitigation Site;
• 38 LF of stream credits from Water&Land Solutions, LLC: WLS Neuse 01
Umbrella Bank-Hollowell Mitigation Site;
• The balance of the stream credits (558 LF) would be secured through the NC
Division of Mitigation Services (NCDMS) In-Lieu Fee Program. Due to the
changing availability and limited stream and buffer credits available from third-
party banks, a NCDMS Acceptance Letter was secured for the total mitigable
stream impacts.
Essential Fish Habitat
The Corps' determination is that the proposed project would not effect EFH or
associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management
Councils or the National Marine Fisheries Service.
Cultural Resources
Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C of
33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C,
the District Engineer consulted district files and records and the latest published version
of the National Register of Historic Places and initially determines that:
❑ Should historic properties, or properties eligible for inclusion in the National
Register, be present within the Corps' permit area; the proposed activity requiring
the DA permit(the undertaking) is a type of activity that will have no potential to
cause an effect to an historic properties.
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® No historic properties, nor properties eligible for inclusion in the National
Register, are present within the Corps' permit area; therefore, there will be no
historic properties affected. The Corps subsequently requests concurrence from
the SHPO (or THPO).
The State Historic Preservation Office reviewed the project as part of the North
Carolina State Clearinghouse Department of Administration Intergovernmental
Review and provided"NO COMMENT" on June 8, 2020.
n Properties ineligible for inclusion in the National Register are present within the
Corps' permit area; there will be no historic properties affected by the proposed
work. The Corps subsequently requests concurrence from the SHPO (or THPO).
n Historic properties, or properties eligible for inclusion in the National Register,
are present within the Corps' permit area; however, the undertaking will have no
adverse effect on these historic properties. The Corps subsequently requests
concurrence from the SHPO (or THPO).
❑ Historic properties, or properties eligible for inclusion in the National Register,
are present within the Corps' permit area; moreover, the undertaking may have an
adverse effect on these historic properties. The Corps subsequently initiates
consultation with the SHPO (or THPO).
n The proposed work takes place in an area known to have the potential for the
presence of prehistoric and historic cultural resources; however, the area has not
been formally surveyed for the presence of cultural resources. No sites eligible
for inclusion in the National Register of Historic Places are known to be present
in the vicinity of the proposed work. Additional work may be necessary to
identify and assess any historic or prehistoric resources that may be present.
The District Engineer's final eligibility and effect determination will be based upon
coordination with the SHPO and/or THPO, as appropriate and required, and with full
consideration given to the proposed undertaking's potential direct and indirect effects on
historic properties within the Corps-indentified permit area.
Endangered Species
Pursuant to the Endangered Species Act of 1973, the Corps reviewed the project area,
examined all information provided by the applicant and consulted the latest North
Carolina Natural Heritage Database. Based on available information:
n The Corps determines that the proposed project would not affect federally listed
endangered or threatened species or their formally designated critical habitat.
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❑ The Corps determines that the proposed project may affect federally listed
endangered or threatened species or their formally designated critical habitat.
n By copy of this public notice, the Corps initiates consultation under Section 7
of the ESA and will not make a permit decision until the consultation process is
complete.
n The Corps will consult under Section 7 of the ESA and will not make a permit
decision until the consultation process is complete.
❑ The Corps has initiated consultation under Section 7 of the ESA and will not
make a permit decision until the consultation process is complete.
n The Corps determines that the proposed project may affect federally listed
endangered or threatened species or their formally designated critical habitat.
Consultation has been completed for this type of activity and the effects of the
proposed activity have been evaluated and/or authorized by the National Marine
Fisheries Service (NMFS) in the South Atlantic Regional Biological Opinion or
its associated documents, including 7(a)(2) & 7(d) analyses and Critical Habitat
assessments. A copy of this public notice will be sent to the NMFS.
N The Corps is not aware of the presence of species listed as threatened or
endangered or their critical habitat formally designated pursuant to the
Endangered Species Act of 1973 (ESA)within the project area. The Corps will
make a final determination on the effects of the proposed project upon additional
review of the project and completion of any necessary biological assessment
and/or consultation with the U.S. Fish and Wildlife Service and/or National
Marine Fisheries Service.
Other Required Authorizations
The Corps forwards this notice and all applicable application materials to the appropriate
State agencies for review.
North Carolina Division of Water Resources (NCDWR): The Corps will generally not
make a final permit decision until the NCDWR issues, denies, or waives the state
Certification as required by Section 401 of the Clean Water Act (PL 92-500). The receipt
of the application and this public notice, combined with the appropriate application fee, at
the NCDWR Central Office in Raleigh constitutes initial receipt of an application for a
401 Certification. Unless NCDWR is granted a time review extension, a waiver will be
deemed to occur if the NCDWR fails to act on this request for certification within sixty
days of receipt of a complete application. Additional information regarding the 401
Certification may be reviewed at the NCDWR Central Office, 401 and Buffer Permitting
Unit, 512 North Salisbury Street, Raleigh,North Carolina 27604-2260.
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All persons desiring to make comments regarding the application for a 401 Certification
should do so, in writing,by September 10, 2020 to:
NCDWR Central Office
Attention: Mr. Paul Wojoski, 401 and Buffer Permitting Unit
(USPS mailing address): 1617 Mail Service Center, Raleigh,NC 27699-1617
Or,
(physical address): 512 North Salisbury Street, Raleigh,North Carolina 27604
North Carolina Division of Coastal Management(NCDCM):
❑ The application did not include a certification that the proposed work complies
with and would be conducted in a manner that is consistent with the approved
North Carolina Coastal Zone Management Program. Pursuant to 33 CFR 325.2
(b)(2) the Corps cannot issue a Department of Army(DA)permit for the
proposed work until the applicant submits such a certification to the Corps and
the NCDCM, and the NCDCM notifies the Corps that it concurs with the
applicant's consistency certification. As the application did not include the
consistency certification, the Corps will request, upon receipt„ concurrence or
objection from the NCDCM.
® Based upon all available information, the Corps determines that this application
for a Department of Army (DA)permit does not involve an activity which would
affect the coastal zone, which is defined by the Coastal Zone Management(CZM)
Act (16 U.S.C. § 1453).
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts including cumulative impacts of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative effects
thereof; among those are conservation, economics, aesthetics, general environmental
concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain
values (in accordance with Executive Order 11988), land use, navigation, shoreline
erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property
ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of
the impact of the activity on the public interest will include application of the
Environmental Protection Agency's 404(b)(1) guidelines.
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Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials, including any consolidated State Viewpoint or written position of
the Governor; Indian Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the
Corps of Engineers to determine whether to issue, modify, condition or deny a permit for
this proposal. To make this decision, comments are used to assess impacts on endangered
species, historic properties, water quality, general environmental effects and the other
public interest factors listed above. Comments are used in the preparation of an
Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS)
pursuant to the National Environmental Policy Act(NEPA). Comments are also used to
determine the need for a public hearing and to determine the overall public interest of the
proposed activity.
Any person may request, in writing, within the comment period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearings
shall state, with particularity, the reasons for holding a public hearing. Requests for a
public hearing will be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
The Corps of Engineers, Wilmington District will receive written comments pertinent to
the proposed work, as outlined above,until 5pm, September 20, 2020. Comments should
be submitted to Mr. Lyle Phillips, Raleigh Regulatory Field Office,
3331 Heritage Trade Drive, Suite 105 , Wake Forest,North Carolina 27587, at (919) 554-
4888-ext 25 or via email at [e-mail].
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