HomeMy WebLinkAbout20160041 Ver 1_Public Notice_20160219
PUBLIC NOTICE
US Army Corps
Of Engineers
Wilmington District
I
ssue Date:February 3, 2016
Comment Deadline:March 4, 2016
Corps Action ID Number: SAW-2014-00261
The Wilmington District, Corps of Engineers (Corps) received an application from the
North Carolina Department of Transportation (NCDOT), seeking Department of the
Army authorization to discharge fill material impacting 0.05 acre of wetlands, 684 linear
feet of stream, and a 2.34-acre pond,associated with construction of the proposed
interchange at the Triangle Expressway (Toll NC 540) and Old Holly Springs-Apex
Road, Wake County, Division 5. STIP No. R-2635D, southwest of Apex, 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
http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx
Applicant:
North Carolina DepartmentofTransportation (NCDOT)
1598 Mail ServiceCenter
AuthorityRaleigh NC 27699
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)
Location
Directions to Site: From US 1 in Apex, north on NC-55 Bypass, west on Apex Peakway,
south on Tingen Road to Old Holly Springs-Apex Road (SR 1153) and existing overpass
of Toll NC-540.
Project Area (acres): N/ANearest Town:Apex
Nearest Waterway:UTs toBig Branch
River Basin:Cape Fear/Haw; Hydrologic Unit Code (HUC)03030002
Latitude and Longitude:35.689172N, -78.861912 W
Existing Site Conditions
Old Holly Springs-Apex Road has a grade separation, but no direct access, with the
Triangle Expressway. The Triangle Expressway is an 18.8-mile, six-lane toll facility that
extends from the I-40/NC 147 interchange in Durham County to the NC 55 Bypass near
Apex in Wake County. The Triangle Expressway partially completes the “Outer Loop”
around the greater Raleigh, North Carolina area. North of the Triangle Expressway, Old
Holly Springs-Apex Road travels north, crossing -but with no direct access to -US 1 into
Apex. South of the Triangle Expressway, Old Holly Springs-Apex Road travels south
towards Holly Springs where it terminates at New Hill Road.
Old Holly Springs-Apex Road is a 3.6-mile south-north facility with its southern
terminus located at New Hill Road (SR 1152) in Holly Springs, traveling to its northern
terminus where it becomes Tingen Road (continuing SR 1153) in Apex. A project
vicinity map is shown on Figure 1-1. Land use throughout the vicinity of the Access 540
project is mostly rural in nature, consisting of large areas of vacant, wooded land with
scattered large-lot residential parcels as well as a few parcels with agricultural uses.
Higher-density residential areas are located south of the project, as this portion begins to
include northern Holly Springs and its residential subdivisions and retail centers. The
land area adjacent to and just south of the Triangle Expressway consists of the privately-
owned Highway 55 Landfill, as well as the Wake County-owned Feltonsville Landfill
and the South Wake Landfill. Wake County also owns the Firearms Education and
Training Center that is located approximately one mile south of the existing grade
separation along Old Holly Springs-Apex Road. In the area northeast of the project, just
north of the Triangle Expressway, is the information technology services provider EMC
Corporation. A sizeable portion of the existing land in the vicinity of the proposed project
is owned by and planned for the Veridea mixed-use development. The bulk of the area
west of the project is mostly wooded with sparse residential parcels.
The project lies within the Piedmont Physiographic Provinceof North Carolina. The
piedmont consists of generally rolling, well-rounded hills and ridges with a few hundred
feet of elevation difference between the hills and valleys. The project corridor is located
in the southeastern portion of WakeCounty.
The project area is located within the Cape Fear/Haw Basin \[Hydrologic Unit Code
(HUC) 03030002\]. Jurisdictional features with proposed impacts includefiveunnamed
tributaries to Little Branch,one jurisdictional pond, and twoadjacentwetlands.There are
no designated Outstanding Resource Waters (ORW), High Quality Waters (HQW),
Water Supply I (WS-I), or Water Supply II (WS-II) waters within 1.0 mile of the project.
Applicant’s Stated Purpose
Improve accessibility and north-south connectivitywithin southern Apex by providing a
direct local link between the Triangle Expressway (Toll NC 540) and Old Holly Springs-
Apex Road (SR 1153).
For residents residing in the area south of the proposed interchange, they must first travel
southeast to access NC 55 Bypass or west to access US 1 before they can then travel
north on these facilities to reach Apex or access the Triangle Expressway via US 1. For
residents of the area north of the proposed interchange, they must first travel north into
Apex, then west along Salem Street (SR 1011), before they can access the Triangle
Expressway, as there is no access to US 1 from Old Holly Springs-Apex Road. Also of
note, Old Holly Springs-Apex Road currently provides an alternate route for local
residents to travelbetween Holly Springs and Apex when they elect to avoid the more
congested facilities of NC 55 Bypass, NC 55, and US 1.
Project Description
NCDOT proposes the conversion of the existing grade separation at the Triangle
Expressway and Old Holly Springs-Apex Road to an interchange. The interchange ramps
and loops would be constructed to the east side of Old Holly Springs-Apex Road to take
advantage of the greater spacing with the NC 55 Bypass (1.2 miles versus 0.8 miles to US
1). The existing bridge wouldbe widened to the west to accommodate travel lanes,
bicycle lanes and sidewalks. The existing outside shoulders of the Triangle Expressway –
between the NC 55 Bypass and US 1 –would be converted to auxiliary lanes and new
shoulders would be constructed.
The project will impact a total of 0.05 acre of permanent riparian wetland. These impacts
result from 0.03 acre of permanent fill and 0.02 acre of mechanized clearing. Less than
0.01 acre of temporary fill will occur as a result of tying a proposed culvert into a ditch.
The wetland area that will be temporarily impacted is currently filled with rip-rap. Total
surface water impacts for the project study area are 599 linear feet of permanent stream
impacts, 85linear feet of temporary linear stream impacts,and 2.43 acres of surface
water impacts. Surface water impacts include draining of a 2.34-acre pond; there will be
no impacts to surface waters from utilities for the project study area.
Wetland and stream impacts are summarized in the table on SHEET 17 OF 17 of the
attached WETLANDS AND SURFACE WATER IMPACT PERMITdrawings.
NCDOT completed an Environmental Assessment (EA) and Finding of No Significant
Impact (FONSI) for this project in March 2015. The EA andFONSI are available on the
NCDOT website at:
https://connect.ncdot.gov/resources/Environmental/Pages/default.aspx, under Quick Links
>Environmental Documents.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or
minimize impacts to the aquatic environment: The following minimization measures
were implemented for the project:
• NCDOT’s Best Management Practices (BMPs) for the Protection of Surface Waters
will be enforced;
Impacts to wetlands, streams, and open waters were avoided and/or minimized by
adjusting alignments and slopes;
2:1 slopes or less are used in most wetland areas;
All storm drainage will be diffused and designed for non-erosive velocities before
entering stream and wetland areas to the maximum extent practicable;
Rip rap stabilization on banks of jurisdictional streams will be implemented to
preventerosion;
Proposed stream impacts (599 linear feet) for R-2635D decreased from the impacts
calculated for the FONSI (738 linear feet). This decrease is due to the preliminary
nature of the FONSI and theassumption of 25 linear feet of impact beyond the slope
stakes which have been reduced duringfinal design. In addition, grades were
optimized during design to reduce the impacts to StreamSE (UT to Little Branch) to
409 linear feet as opposed to the 540 linear feet estimated in theFONSI;
Final proposed wetland impacts (0.05 acre) for R-2635D decreased from the impacts
calculatedfrom the FONSI (0.12 acres). This decrease is due to the preliminary
nature of the FONSI andthe assumption of 25 linear feet of impact beyond the slope
stakes which have been reducedduring final design. In addition, the avoidance of
Wetlands WD and WE (temporary impactsonly) in the final design of the project has
reduced proposed wetland impacts;
Existing outfall locations and drainage patterns were maintained as much as possible;
Grass Swales were used throughout the project to provide treatment;
A dry detention basin is located in the loop gore of Quadrant A to reduce the peak
runoff and to treat newbuilt upon area.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment: This project would permanently impact 599
feet of warm water streams. Of these 599 feet, there is 115 feet of bank stabilization that
would not cause the loss of waters. Of the remaining 484 feet of stream impacts, 349 feet
of the impacts are to streams with minimal aquatic function, with a balance of 135 feet of
perennial stream impacts for which NCDOT has proposed compensatory mitigation at a
2:1 ration. The mitigation requirements of 270 feet of permanent warm water stream
credits will be provided by the NC Division of Mitigation Serviceswithin the project
HUC. No wetland mitigationhas been proposed for this project.
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 Engineerconsulted 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 effectto an historic properties.
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).
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).
Historic properties, or properties eligible for inclusion in the National Register,
are present within the Corps’ permit area; however, the undertaking will haveno
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 effecton these historic properties. TheCorps subsequently initiates
consultation with the SHPO (or THPO).
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 Corpsreviewed the project area,
examined all information provided by the applicant and consulted the latest North
Carolina Natural Heritage Database.Based on available information:
TheCorpsdeterminesthat the proposed project wouldnot affect federally listed
endangered or threatened species or their formally designated critical habitat.
The Corps determines that the proposed project may affectafederally listed
threatened species: Northern long-eared bat (NLEB -Myotis septentrionalis)
Proposed activities byNCDOT that may affect NLEB are covered by the
3/25/2015 U.S. Fish and Wildlife Service’s (USFWS’s) Programmatic BO.
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 theNCDWRissues, denies, or waives the state
Certificationasrequired 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 constitutesinitial receipt of an application for a
401 Certification. A waiver will bedeemed to occur if the NCDWRfails toact on this
request for certification within sixty daysof receipt of a complete application. Additional
informationregarding the 401Certification may be reviewed at the NCDWRCentral
Office, TransportationPermitting Unit, 512 North Salisbury Street, Raleigh, North
Carolina 27604-2260. All persons desiring to make comments regarding the application
for a 401 Certification should do so,in writing, byMarch 4, 2016,to:
NCDWR Central Office
Attention: Ms. Amy Chapman, Transportation Permitting Unit
(USPS mailing address): 1617Mail Service Center, Raleigh, NC 27699-1617
Or,
(physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604
Evaluation
The decision whether to issue a permit will be based on an evaluation of theprobable
impacts including cumulative impactsof 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 consolidatedState 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 consideredby 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 usedto
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 reasonsfor 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.
The Corps of Engineers, Wilmington District will receive written comments pertinent to
the proposed work, as outlined above, until 5pm, March 4, 2016.Comments should be
submitted to Eric Alsmeyer,Raleigh Regulatory Field Office,
3331 Heritage Trade Drive, Suite 105 ,Wake Forest, North Carolina 27587, at (919)554-
4884, extension 23.