20061203 Ver 2_WRC Comments_20090422

® North Carolina Wildlife Resources Commission
Gordon S. Myers, Executive Director
MEMORANDUM
TO: Melba McGee, Environmental Coordinator
Office of Legislative and Intergovernmental Affairs
FROM: Shari L. Bryant, Piedmont Region Coordinator
Habitat Conservation Program
DATE: 22 April 2009
SUBJECT: Draft Environmental Impact Statement for Western Wake Regional Wastewater
Management Facilities, Wake County, North Carolina. DENR Project No. 09-0244.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the
subject document and we are familiar with the habitat values of the area. Our comments are provided in
accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16
U.S.C. 661 et seq.); North Carolina Environmental Policy Act (G.S. 113A-1 through 113A-10; 1 NCAC
25), North Carolina General Statutes (G.S. 113-131 et seq.), and North Carolina Administrative Code
15A NCAC 101.0102.
The Project Partners which includes the Towns of Apex, Cary, Holly Springs and Morrisville
propose to construct a new regional water reclamation facility (WRF) with a discharge to Cape Fear River
below Buckhom dam. Phase I would provide a discharge capacity of 24 mgd; Phase 11 would provide a
discharge capacity of 38 mgd. The purpose of the project is to provide wastewater treatment needed for
the projected population growth and associated land development in western Wake County until 2030. In
addition, the Towns are required to return wastewater to the Cape Fear River basin after 2010 as a
condition of an interbasin transfer (IBT) certificate to withdraw water from B.E. Jordan Reservoir.
There are historical records for the federal and state endangered Cape Fear shiner (Notropis
mekistocholas) in Cape Fear River and one Cape Fear shiner was collected in Cape Fear River in 2007.
Other listed species in the Cape Fear River include the federal species of concern and state endangered
Atlantic pigtoe (Fusconaia masoni); the federal species of concern and state special concern yellow
lampmussel (Lampsilis cariosa); the federal species of concern and state significantly rare Carolina
redhorse (Moxostoma sp.); the state threatened creeper (Strophitus undulatus), triangle floater
(Alasmidonta undulata), and Roanoke slabshell (Elliptio roanokensis); and the state special concern pod
lance (Elliptio folliculata) and notched rainbow (Villosa constricta).
The Cape Fear River supports a diverse fishery including largemouth bass (Micropterus
sabhoides), crappie (Pomoxis spp.), sunfish (Lepomis spp.) and catfish (Ictalurus spp). There is a
considerable hook-and-line recreational fishery for blue catfish (Ictalurus furcatus) and flathead catfish
(Pylodictis olivaris) with most of the effort concentrated from Buckhom Dam at Carthage downstream to
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
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DEIS - Western Wake Regional Wastewater Management Facilities
DENR Project No. 09-0244
Fayetteville. Striped bass hybrids (Morone saxatilis x M. chrysops) or Bodie bass, which were stocked in
B.E. Jordan Reservoir until 2001, have migrated downstream and been a popular species for anglers in
this section of the river. Currently, striped bass (M. saxatilis) are stocked in B.E. Jordan Reservoir and
are frequently caught in the river below the reservoir and may provide recreational fishing opportunities
below Buckhom dam. In addition, the Cape Fear River from Lock & Dam #1 upstream to Buckhom
Dam (Chatham, Lee, Harnett, Cumberland and Bladen counties) is designated as a Primary Nursery Area.
Anadromous species including striped bass (Morone saxatilis), American shad (Alosa sapidissima),
hickory shad (Alosa mediocris), blueback herring (Alosa aestivalis), and alewife (Alosa pseudoharengus)
migrate into the freshwater reaches of the Cape Fear River in spring to spawn.
WRF including influent and effluent line corridors
Site 14 is the preferred site for the WRF. A minimum 100-foot riparian buffer would be
maintained. Percent imperviousness would be approximately 8.8 percent. The Partners propose to cluster
the WRF structures, to the extent practicable, to minimize imperviousness and habitat impacts. Most of
the influent and effluent lines would be installed within or adjacent to existing rights-of-way (i.e., roads
and existing utility corridors). The influent and effluent lines would cross each stream at approximately a
90 degree angle and the use of trenchless technology would be considered. Lines would be monitored for
leaks annually; critical lines would be monitored at least twice per year. Stand-by power would be
installed at pump stations.
There are 38.5 acres of game lands on the site and within the influent and effluent line corridors.
Construction would result in temporary impacts to 9.9 acres of game lands and permanent impacts to 34.2
acres of game lands. Influent lines would temporarily impact 3.3 acres of Jordan game lands; the effluent
lines would temporarily impact 6 to 7 acres of the Harris and Chatham game lands. Permanent impacts
within the influent and effluent line corridors are approximately 2 acres on Jordan game lands and 30
acres on Harris and Chatham game lands. Permanent impacts would result from a change from forest to
herbaceous and scrub-shrub covers. Impacts to hunting opportunities would occur during construction
and operation of the transmission infrastructure; however, after construction game land areas would be
restored to their full functionality as a recreational resource. The Partners own approximately 17 acres
south of U.S. 1 on Site 14. Other than Holly Springs effluent force main, this portion of the property is
not anticipated to be used. Once plans are finalized, the Partners indicate they will consider allowing the
use of the area south of U.S. 1 as game lands.
We offer the following comments and/or recommendations regarding the WRF and the influent
and effluent lines.
• The proposed site (Site 14) is located in an area that has been identified through Triangle
Green Print and the Urban Project "target acquisition" corridor to provide wildlife habitat
connectivity between B.E. Jordan Reservoir and Harris Lake. A permanent conservation
easement on undeveloped areas of the WRF site would facilitate development of this
corridor. We ask the Project Partners to consider placing a permanent conservation easement
on those portions of the property that remain undeveloped.
• We continue to encourage the Partners to consider allowing the area south of U.S. 1 as game
lands. This would minimize overall impacts to game lands.
• We prefer and recommend the use of trenchless technology for crossing streams and wetlands
to minimize impacts to aquatic resources.
• We prefer and recommend the use of road rights-of-way for construction of the influent and
effluent lines to the maximum extent practicable. Although we do not object to the use of
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DEIS - Western Wake Regional Wastewater Management Facilities
DENR Project No. 09-0244
• If the discharge to Cape Fear River is constructed then no in-water work should occur in
Cape Fear River from February 15 to June 15 to minimize impacts to anadromous fish
species.
Secondary and Cumulative Impacts
The Towns of Apex, Cary, Holly Springs and Morrisville each prepared a Secondary and
Cumulative Impact Master Mitigation Plan (Plan) in October 2005. Each Plan is based on the land use
plans for each local government and provides information on proposed infrastructure, existing conditions,
future conditions, and existing and/or proposed measures to mitigate growth-related impacts.
While we are encouraged by the proactive measures each of the Town's has taken to minimize
secondary and cumulative impacts, we continue to believe that more protective measures are needed to
protect water quality and aquatic habitats within each Town's jurisdiction. We feel strongly that the
Towns of Holly Springs and Cary should implement the measures outlined under the section "Specific
Mitigation Measures for Waters Containing Federally Listed Species" in NCWRC's Guidance
Memorandum to Address and Mitigate Secondary and Cumulative Impacts to Aquatic and Terrestrial
Wildlife Resources and Water Quality (August 2002) for those portions of their jurisdiction within the
Middle Creek watershed below Sunset Lake. We believe these more protective measures are needed to
protect the Middle Creek watershed due to the presence of the dwarf wedgemussel. In addition, we
encourage the Town of Holly Springs to adopt ordinances similar to or more protective than the Neuse
River Buffer Rules as related to riparian buffer, floodplain protection and stormwater control for those
portions of their jurisdiction within the Cape Fear River watershed.
Thank you for the opportunity to comment on this project. If we can be of further assistance,
please contact our office at [phone].
ec: David Rabon, USFWS
Fritz Rohde, NMFS
Sarah McRae, NHP
Angie Rodgers, NHP
Fred Tarver, DWR
Corey Oakley, WRC
Keith Ashley, WRC
Ryan Heise, WRC
Jacquelyn Wallace, WRC
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22 April 2009
DEIS - Western Wake Regional Wastewater Management Facilities
DENR Project No. 09-0244
utility corridors, we prefer and recommend the use of those utility corridors that are located
closer to or at the edge of game land boundaries rather than utility corridors that transect
game lands. A vegetation change from forest to grass would impact wildlife species that use
forested areas. In addition, increasing the width of the right-of-way (ROW) corridor (e.g.,
utility ROW plus influent/effluent line ROW) may fragment the habitat for some terrestrial
wildlife species.
• We offer the following planting recommendations to further improve wildlife habitat within
the influent/effluent line corridors:
o Wheat/clover mixes should be planted with the edges maintained in native warm season
grasses for bugging, nesting, and loafing sites. The warm season grasses should be
mixed with other beneficial wildlife plantings (i.e., partridge pea, beggar weed, and
ragweed) to present some variety of food and cover. It is the "step-down" edge effect
from forest to open land that wildlife seem to prefer.
o Where feasible, woody debris and logs from corridor clearing should be used to establish
brush piles and downed logs adjacent to the cleared ROW to improve wildlife habitat.
o Minimize corridor maintenance and prohibit mowing between April 1 and October 1 to
minimize impacts to nesting wildlife. We suggest a maintenance schedule that
incorporates a portion of the area (e.g., one-third of the area) each year instead of the
entire project every 3 or 4 years. Additionally, pesticides should not be used in wetland
areas or near stream.
Generally, the preferred site (i.e., 14) and two of the alternative sites (i.e., 19 and 21/23) have
comparable impacts to streams, wetlands, floodplains, and game lands. However, Site 30 has
the potential to significantly impact game lands. Site 30 has 123.1 acres of game lands.
Although impacts to the game lands from construction of the WRF would be comparable to
other sites, the use of the game lands on this entire site would be lost. Further, construction at
Site 30 would lead to greater habitat fragmentation and disruption of habitat connectivity for
wildlife populations traveling between B.E. Jordan Reservoir and Harris Lake than would
construction at Site 14 or either of the other alternatives (i.e., 19 and 21/23). If the preferred
site is not selected for construction, we prefer alternative Sites 21/23 and 19 over Site 30.
Cape Fear River Discharge
Although the proposed discharge is to the Cape Fear River below Buckhom dam, a discharge to
Harris Lake is being evaluated. Discharging to Harris Lake would result in shorter effluent lines and less
impacts to wetlands, streams, and game lands. If a Harris Lake discharge is allowed, then the Town of
Holly Springs could proceed; however, an IBT would be required for the Towns of Apex, Cary, and
Morrisville. If discharge is to Cape Fear River, then a bank discharge structure is proposed. The
discharge pipe would be partially submerged during normal river levels and completely submerged during
higher river levels.
We offer the following comments and/or recommendations regarding the proposed wastewater
discharge.
• Provided a discharge to Harris Lake does not adversely impact water quality, we prefer and
recommend a discharge to Harris Lake. As stated in the DEIS, this would result in shorter
effluent lines and less impacts to wetlands, streams and game lands. This would minimize
impacts to aquatic and terrestrial wildlife resources.