20081817 Ver 2_Public Notice_20111102

0,8- 1811 v2.
EM
US Army Corps
Of Engineers PUBLIC NOTICE
Wilmington District
Issue Date: November 2, 2011
Comment Deadline: December 2, 201 1
Corps Action ID #: SAW-2011-02004
The Wilmington District, Corps of Engineers (Corps) has received an application from the Town
of Fuquay-Varina, Engineering Department, seeking Department of the Army authorization to
permanently impact 0.93 acres of wetlands, 245 linear feet of perennial stream; as well as
temporary impacts to 0.34 acres of wetland for the Southwest Judd Parkway Extension in
Fuquay-Varina, 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 www.saw.usace.army.mil/wetlands
Applicant: Town of Fuquay-Varina
Public Works Department
Attn: Tracey Stephenson
401 Honeycutt Road
Fuquay-Varina, North Carolina 27526
Agent: Kimley-Horn and Associates, Inc.
Attn: Mr. Chad Evenhouse
Post Office Box 33068
Raleigh, North Carolina 27636-3068
Authority
The Corps will evaluate this application and a decide whether to issue, conditionally issue, or
deny the proposed work pursuant to applicable procedures of Section 404 of the Clean Water
Act.
Location
The project begins at the existing stub of Judd Parkway near Hunters Ridge Road and continues
in a north, northwest direction, ending at NC 42 just east of Cameron Wood Drive, a distance of
approximately 2,400 linear feet. In addition, NC 42 will be widened to include left and right turn
lanes onto the newly constructed Judd Parkway. Coordinates (in decimal degrees) for the center
of the site are 35.58171° N, 78.81412° W. The project corridor contains one unnamed tributary
and one wetland that drain south into the Kenneth Creek, a tributary to the Cape Fear River.

Existing Site Conditions
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The project corridor consists of approximately 7.8 acres. Land use along the corridor includes
mixed-hardwood forested areas along the southern portion of the corridor and residential and
commercial properties at the proposed NC 42 interchange in the northern portion. The Norfolk
Southern Railroad transects the corridor perpendicular at the center of the project corridor.
Areas surrounding the project are primarily residential. The corridor contains one tributary
totaling 329 linear feet of jurisdictional stream channel, as well as one wetland area totaling 1.30
Ya
acres in size.
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There is one (1) named-perennial stream that flows from south to north throughout the project
location and is associated with forested riparian areas and riparian wetlands. The project
location is located within the USGS hydrologic unit 03020201 in sub-basin 030402 of the Neuse
River Basin. Big Branch is the only named stream within the project study area. Big Branch has
been assigned a Best Usage Classification (BUC) of C (aquatic life, secondary recreation), NSW
(Nutrient Sensitive Waters). Big Branch flows into Walnut Creek and eventually, the Neuse
River. In addition to Big Branch; the project study area contains one (1) intermittent and four (4)
perennial streams which comprise the unnamed tributaries,(UTs) to Big Branch'and a large
forested-riparian wetland complex associated with Big Branch and its tributaries.
The Soil Survey of Wake County, North Carolina (USDA 1970) shows that the project site
contains numerous soil mapping units. Those contained are: Appling (well drained) on the
upland and side slopes and Altavista (moderately well drained) also on the upland and side
slopes; Colfax (somewhat poorly drained) and Wehadkee-Bibb (poorly drained, flood plain soils)
along the forested riparian areas of Big Branch and its tributaries. The majority of proposed
impacts to waters of the U.S. will occur in the Wehadkee-Bibb Complex.
The wooded upland areas on the site are vegetated by loblolly pine (Pinus taeda), white oak
(Quercus alba), sweetgum (Liquidambar styraciflua), red maple (Ater rubrum), wax myrtle
(Myrica cerifera) and tulip poplar (Liriodendron tulipifera). Groundcover consists of vines such
as Japanese honeysuckle (Lonicera japonica), common greenbrier (Smilax rotundifolia), and
poison ivy (Toxicodendron radicans).
The wetland areas are mostly vegetated by red maple, riverbirch (Betula nigra) tag alder (Alnus
serrulata), spice bush (Lindera benzoin), And American sycamore (Platanus`occidentalis), with
an herbaceous layer of soft rush (Juncus effusus), sedges`(Carex spp.), and wool grass (Scirpus
cyperinus). There is an impoundment area within the project location that appears to be the
result of a combination of beaver (Castor canadensis) activity and road causeway location that
has caused a rise in water level. Within this impoundment area, there are many dead tree stems
due to periodic and long term beaver inundation.

Applicant's Stated Purpose
The purpose of the project is to connect an existing segment of Judd Parkway located near
Hunters Ridge Road to NC 42 West to handle increased traffic through the town and reduce
traffic congestion. The project is included in the Town's Comprehensive Transportation Plan and
the town has adequate funding to build the project.
Project Description
The project is a 2,400 linear foot roadway extension which would consist of a two lane curb and
gutter cross section with four foot bicycle lanes on each side. The proposed typical section will
measure 32'to 48' face of curb to face of curb. The project will begin at the existing stub of Judd
Parkway near Hunters Ridge road and continue in a north/northwest direction ending at NC 42
east of Cameron Wood Drive. In addition, NC 42 will be widened near the project terminus to
include left and right turn lanes onto the newly constructed Judd Parkway. Construction of the
project will result in the unavoidable loss of 0.93 acres of jurisdictional wetland and 245 linear
feet of jurisdictional stream. The project will also result in the temporary placement of fill into
0.34 acres of jurisdictional wetland. Impact 1 includes 0.93 acres of jurisdictional wetland and
245 linear feet of jurisdictional stream channel which will result from the placement of fill for
the proposed roadway. Each proposed jurisdictional impact is detailed in the following table;
Impact
Feature Shown
o Type of Type of Temporary Permanent Mitigation Required
Number n
Fi System Impact Impacts Impacts* Ratio Mitigation
gure:
I Wetland 7&8 F
orested,
Fill
0.29 acres
0
93 acres
2:1
1
86 acres
Riparian
.
.
Reinforced

1 Stream
7&8 Forested Concrete
NA
245 LF
2:1
490 LF
1 Riparian pipe
(buried)
Addition
Wetland Forested of an
2 1 9&10 Riparian' Erosion 0.08 acres 0 acres NA NA
control
device
Wetland Impact Totals: 0.93 acres 1.86 acres
Stream Impact Totals: 245 LF 490 LF
The perennial channel that will be impacted by the proposed project is an unnamed
tributary to Kenneth Creek, which flows to the Cape Fear River.
Mitigation

t
The applicant proposes to mitigate for impacts to 0.93 acres of wetlands and 245 linear feet of
stream associated with the project by providing payment into the North Carolina Ecosystem
Enhancement Program (NCEEP) sufficient for the restoration of 1.86 acres (a 2:1 ratio) within
the Cape Fear River Basin (HUC 03030001). An acceptance form from NCEEP was included in
the application.
Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate State
agencies for review. The Corps will generally not make a final permit decision until the North
Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State certification
required by Section 401 of the Clean Water Act (PL 92-5005: The receipt of the application and
this public notice in the NCDWQ Central Office in Raleigh serves as application to the NCDWQ
for certification. A waiver will be deemed to occur if the NCDWQ fails to act on this request for
certification within sixty days of the date of the receipt of this notice in the NCDWQ Central
Office. Additional information regarding the Clean Water Act certification may be reviewed at
the NCDWQ Central Office, 401 Oversight and Express Permits Unit, 2321 Crabtree Boulevard,
Raleigh, North Carolina 27604-2260. All persons desiring to make comments regarding the
application for certification under Section 401 of the Clean Water Act should do so in writing
delivered to the North Carolina Division of Water Quality (NCDWQ), 1650 Mail Service Center,
Raleigh, North Carolina 27699-1650 Attention: Mr: Ian McMillan by: 23 November 2011.
Essential Fish Habitat
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson-Stevens Fishery Conservation and Management Act. The Corps' initial
determination is that the proposed project will not adversely impact EFH or associated fisheries
managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National
Marine Fisheries Service. "
Cultural Resources
Based upon a review of the latest published version of the National Register of Historic Places at
the State Historic Preservation Office (02 March 2011), no registered properties, or properties
listed as being eligible, are located within the project area or will be affected by,the proposed
work. In addition, no archaeological features will be impacted or affected by,the proposed work
(direct communication, Susan Myers, N.C: State Archaeologist, 02 March 2011;
Endangered Species
Based upon consultation with the latest North Carolina Natural Heritage Program Database
(accessed 02/28/2011) and pedestrian field surveys, no threatened or endangered species are
known to be located in the immediate area of the proposed project. Therefore, we anticipate a
finding of "no effect" on federally listed endangered or threatened species or their formally
designated critical habitat, pursuant to the.Endangered Species Act of 1973.
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.t.
The Corps has reviewed the project area, examined all information provided by the applicant and
consulted the latest North Carolina Natural Heritage Database. Based on available information,
the Corps has determined pursuant to the Endangered Species Act of 1973 (ESA), that the
proposed project may affect federally listed endangered or threatened species as follows;
Federally Protected Species_jbr Wake County, North Carolina
Federal Habitat Biological Conclusion
Common Name Scientific Name Status Present
Bald Eagle e
ph BGPAa No No Effect
leuco
euco
ceh
alus
Red-cockaded

woodpecker Picoides borealis Endangered No No Effect
Dwarf

wed emussel Alasmidonta heterodon Endangered No No Effect
Michaux's sumac Rhus michauxii Endangered Yes MA-NLAA
- Removed from federal Endangered Species list; remains protected by the Bald and Golden
Eagle Protection Act
b - MA-NLAA - May Affect - Not Likely to Adversely Affect.
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.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies
and officials, including any consolidate 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 shall 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.
Written comments pertinent to the proposed work, as outlined above, will be received by the
Corps of Engineers, Wilmington District,.until 5pm, 2 December 2011. Comments should be
submitted to Mr. Jamie Shern at 3331 Heritage Trade Drive, Suite 105, Wake Forest, North
Carolina 27587, telephone [phone] Ext 31.
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Title USGS QUAD MAP (FUQUAY-VARINA, REVISED1981) 6)11 60.200
Prepared For:
Project Southwest Judd Parkway Extension
North Carolina
Wake Count
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TEMPORARY PERMANENT STREAM
IMPACTS WETLAND WETLAND IMPACTS
IMPACTS IMPACTS (FT)
(AC) (ACRES)
IMPACT ONE 0.26 AC 0.93 AC 245 LF
PERENNIAL I
MITAGATABLE
IMPACT TWO 0.08 AC O AC 0 LF
TOTAL 0
34 AC 0
93 AC 245 LF
IMPACTS . . RENN AL I
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MITAGATABLE
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