20071470 Ver 1_Public Notice_20070914

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US Army Corps
Of Engineers
Wilmington District
_70
PUBLIC NOTICE
Issue Date: September 14, 2007
Comment Deadline: October 15, 2007
Corps Action 11) It: 2007-02903
The Wilmington District. Corps of Engineers (Corps) has received an application from the
North Carolina Turnpike Authority seeking Department of the Army authorization to impact
20.18 acres of wetlands. 14.929 linear feet of stream and 11.23 acres of ponds, for construction
of the Western Wake Freevray toll facility (TIP R-2635), from NC 55 at SR 1172 (Old
Smithfield Road), between Holly Springs and Apex. to the existing NC 540 at NC 55 near SR
1630 (Alston Avenue). west of Morrisville. in western 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 \vNxw.sa?x-.usace.armv.mil/\Netlands.
Applicant North Carolina Turnpike Authority
Attn: Steven D. DeWitt. P.E.
Chief Engineer
1578 Mail Service Center
Raleigh. NC 27699-1578
Authority
The Corps vv-ill evaluate this application and a decide whether to issue, conditionally issue. or
deny the proposed work pursuant to applicable procedures of Section 404(b) of the Clean Water
Act (33 U.S.C. 1344).
Background
The North Carolina Department of Transportation NCDOT began project planning and
environmental documentation of TIP R-2635 (Former Action ID 199602462), then known as the
Western Wake Expressway (WWE). in the mid-1990"s. An inter-agency review team was
formed to review the project jointly under the National Environmental Policy Act and Section
404(b) of the Clean Water Act. and NCDOT/FHWA held public meetings for the environmental
review process. In June, 2000. a representative of the Corps of Engineers attended the
NCDOT/FHWA Corridor Public Hearing that presented the alternatives for consideration. In
August 2000. the interagency review team selected a Least Environmentally Damaging
Practicable Alternative, Alternative A. for the project. A final NCDOT/ F1IWA Environmental
Impact Statement (FEIS), which described the social, economic, and environmental impacts
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associated with Alternative A was completed in January 2004. In April, 2004, FHWA approved
the Record of Decision for the project. and held a Design Public Hearing in March. 2005.
Subsequently. in December. 2005, the mayors of five southern and western Wake County towns
requested that the North Carolina Turnpike Authority (NCTA) evaluate the feasibility of
constructing the I-540 Western Wake Freeway as a toll road. In February. 2006. tile NCTA
initiated a traffic and revenue study to evaluate the financial feasibility of tolling I-540 the
Western and Southern Wake Freeways from NC 55 at Morrisville to 1-40 south of Garner.
NCTA. in coordination with NCDOT. held a Citizens Information Workshop for the Western
Wake Freeway toll facility in February. 2007. and a Corps of Engineers representative attended.
NCTA is currently preparing an EIS Reevaluation Report. which they expected to complete in
the fall of 2007.
Location
The Western Wake Freeway is proposed to be constructed on new location, running generally
south to north, from NC 55 at SR 1172 (Old Smithfield Road), between Holly Springs and Apex.
to the existing NC 540 at NC 55 near SR 1630 (Alston Avenue), west of Morrisville, crossing
Little Branch. Big Branch. White Oak Creek. Beaver Creek. Reedy Branch. Clark Branch.
Bachelor Branch. Panther Creek. Morris Branch, Nancy Branch, and unnamed tributaries
(approximate middle of project at 35.747° N Latitude. -78.892° W Longitude), in western Wake
County. North Carolina.
Existing Site Conditions
The general area to be impacted is a corridor running generally west of and parallel to the NC 55
corridor between the communities of Holly Springs and Carpenter, and its setting varies from
developed residential areas. to farmland, and to undeveloped wooded land. All of the areas with
impacts to waters of the United States are in the Cape Fear River basin. The majority of the
project is in the Haw River sub-basin. and the southern end of the project is in the Upper Cape
Fear sub-basin.
The wetland habitats that will be impacted by the proposed project are typical piedmont
wetlands. including emergent marsh, maintained and forested palustrine wetlands, and
bottomland hardwood forest. These wetlands are adjacent to Little Branch. Big Branch. White
Oak Creek. Beaver Creek. Reedy Branch. Clark Branch. Bachelor Branch. Panther Creek. Morris
Branch. Nancy Branch, and tributaries that are unnamed on the USGS quadrangle maps. The
impacted unnamed tributaries range in size from one foot wide and less than one foot deep, to
more than ten feet wide and several feet deep. with most of the streams being less than three feet
wide and two feet deep. Some of the impacted streams are classified by NCDWQ as Class C
(waters protected for secondary recreation. fishing. wildlife. fish and aquatic life propagation and
survival. agriculture and other uses). and the rest of the streams are Class WS-IV (Water Supply
IV - generally in moderately to highly developed watersheds or Protected Areas, and involve no
categorical restrictions on discharges) (Nutrient Sensitive Waters) NSW.
Applicant's Stated Purpose
The stated purpose of the project is to provide a high speed, multi-lane, controlled access
freeway to accommodate the increasing transportation demand on the area's north-south
arterials.
Project Description
Maps showing the location of the project, and stream. wetland and pond impacts, are included
with this public notice. The proposed project is a new location. six-lane, fully controlled-access.
toll facility with a 78-foot median. The proposed highway will extend approximately 12.6 miles.
from near Holly Springs to west of Morrisville. The highway will have interchanges at the NC
55 Holly Springs Bypass. at US 1. Old US 1. US 64. Green Level Road. and at NC 55 at the
connection with the existing NC 540.
The highway will be divided into three sections for construction. Final design has been
completed for Section C, on the northern end, which is scheduled to be let for construction no
earlier than April. 2008. Sections A and B. for which let has not yet been scheduled, only have
preliminary design at this point. Final design will be completed after issuance of a Department
of the Army Permit, no earlier than April, 2008. and the permit will be modified as necessary
before construction begins on Sections A and B.
The project will involve fill impacts to 14, 929 linear feet of stream channels of Little Branch.
Big Branch. White Oak Creek, Beaver Creek, Reedy Branch. Clark Branch, Bachelor Branch.
Panther Creek. Morris Branch. Nancy Branch, and unnamed tributaries, and to 11.23 acres of
ponds. and 20.18 acres of wetlands. The stream impacts include 463 linear feet of temporary
impacts for dewatering. and 640 linear feet of stream channel relocation using natural channel
design, and the wetland impacts include 0.04 acres of non-404 hand-clearing of wetlands under a
proposed bridge.
These impacts totals are different than the impacts evaluated in the FE1S, for the following
reasons:
1) The jurisdictional areas within the project limits were re-assessed in 2006 and 2007, with
some jurisdictional impact areas reducing and some areas expanding, for various reasons.
2) The project has had minor design changes since the FEIS, including design changes
necessary for the addition of toll plazas and associated additional lanes. The additional
impacts for the toll plazas and associated lanes are approximately 180 linear feet of
stream impacts and 0.25 acre of wetland impacts.
NCDOT is proposing to use the onsite stream relocation using natural channel design. and the
North Carolina Ecosystem Enhancement Program (EEP) to provide the necessary compensatory
mitigation for the unavoidable losses of 10.699 linear feet of stream with more than minimal
function, and 20.14 acres of wetlands.
Functional design plans, the FEIS, and information about the North Carolina Ecosystem
Enhancement Program are available for review at the U.S. Army Corps of Engineers Regulatory
Field Office at 6508 Falls of Neuse Road. Suite 120. Raleigh, North Carolina 27615-6846 (Call
ahead to arrange a time for review at [phone], ext. 23).
Other Required Authorizations
This notice is 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 \Naives State certification required by Section 401 of the Clean
Water Act (PL 92-500). The receipt of the application and this public notice combined "with
appropriate application fee at the North Carolina Division of Water Quality central office in
Raleigh will constitute initial receipt of an application for a 401 Water Quality Certification. A
Nvaiver will be deemed to occur if the NCDWQ fails to act on this request for certification N ithin
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 Transportation Permitting 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. John Hennessy by October 9, 2007.
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic Places
and has determined that a registered property, the Green Level Historic District (GLHD). is
located within the project area. NCDOT. FHWA and the North Carolina State Historic
Preservation Office (NC-SHPO) concurred that the project will adversely affect the GLHD.
NCDOT. FHWA. NC-SHPO, the Wake County Historic Preservation Commission. and the
Town of Cary developed a Memorandum of Agreement that outlines measures to minimize harm
to the GLHD, and between August. 2001 and April, 2002, all the parties signed the MOA.
NCTA has agreed to assume responsibility for the commitments in the MOA.
Endangered Species
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. that the proposed
project will have no effect on federally listed endangered or threatened species or their lbrmally
designated critical habitat.
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
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'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 involvin;
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, October 15. 2007. Comments should
Ibe submitted to Eric Alsmeyer. Wilmington District, Corps of Engineers, Raleigh Regulatory
'Field Office, 6508 Falls of Neuse Road, Suite 120. Raleigh, North Carolina 27615-6814,
(Telephone [phone].