20091031 Ver 1_Memorandum of Agreement_20091024

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MICHAEL F EASLEY
GOVERNOR
Memorandum
October 18, 2007
To Chris Militscher, EPA
Gary Jordan, US F&WS
Travis Wilson, NCWRC
Rob Ridings, DENR-DWQ
Jake Riggsbee, PE, FHWA
Eric Alsmeyer, ACOE
Phil Hams, PE, NCDOT/NEU
From ncent J Rhea, PE
oject Development Engineer
roje Development and Environmental Analysis Branch
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OCT 5 n
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LYNDo TIPPETT
SECRETARY
Subject Wake County, Falls of Neuse widen to multilane and realigmnent from Raven
Ridge Road to Neuse River including new structure over the Neuse River
(planning, design and construction by City of Raleigh) FA Project No FSTR
STP-0520 (25), WBS 39949 1 1, T I P Project No U-4901
A copy of the Executive Summary of the final Natural Resources Technical Report for
the subject project is attached for your files
If you have any questions, please contact me at [phone] ext 261

VJR/vjr
Attachment
Cc URS
files
MAILING ADDRESS
NC DEPARTMENT OF TRANSPORTATION
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS
1548 MAIL SERVICE CENTER
RALEIGH NC 27699-1548
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
TELEPHONE [phone]
FAX [phone]
WEBSITE WWW DOH DOT STATE NC US
LOCATION
TRANSPORTATION BUILDING
1 SOUTH WILMINGTON STREET
RALEIGH NC
Falls of Neuse Road Widening
and Relocation Project
Wake County, North Carolina
TIP No U-4901
Executive Summary for the
Natural Resources Technical Report
Prepared for
The City of Raleigh
September 2007
Falls of Neuse Road Widening
and Relocation Project
Wake County, North Carolina
TIP No U-4901
Executive Summary for the
Natural Resources Technical Report
Prepared for
The City of Raleigh
Prepared by
URS Corporation - North Carolina
1600 Perimeter Park Drive
Suite 400
Morrisville, North Carolina 27560
September 24, 2007
INTRODUCTION
The Falls of Neuse Road Widening and Relocation Project (TIP No U-4901) is located northeast
of the City of Raleigh in Wake County, North Carolina (Figure 1) The project study area,
consisting of approximately 170 acres, encompasses two proposed project sections (Figure 2)
Widening is proposed for Section 1, which includes a 400-foot wide corridor (200 feet from the
center line of the road) off-set from the centerline along the existing Falls of Neuse Road from
Raven Ridge Road north approximately 13 miles until the intersection with Fonville Road
Section 1 will widen the existing two-lane roadway to a four-lane divided road, with the potential
to be widened to the outside or inside to six lanes in the future Relocation is proposed for
Section 2 Section 2 begins at the Fonville Road intersection and will continue north
approximately 0 8 miles and tie into the existing section of New Falls of Neuse Road in the
Wakefield Development This section will construct a four-lane divided roadway (six-lane
future) on new location that will match the existing section of New Falls of Neuse Road Section
2 will require one bridge crossing of the Neuse River
Field surveys of the project study area were conducted April 24, 2007 and May 9, 2007 The
natural resources information for this report was gathered at that time Charles Benton, PWS and
Tina (Randazzo) Sekula from URS Corporation were the primary field investigators Wetland
boundaries and stream classifications were approved by Eric Alsmeyer of the US Army Corps of
Engineers (USACE) and Rob Ridings of the North Carolina Department of Water Quality
(NCDWQ) during a Jurisdictional Determination field view held on September 18, 2007 The
Notification of Jurisdictional Determination will be issued once USACE review is complete
Land use within the project vicinity includes a mixture of residential, pasture fields, and forested
areas The project lies within the piedmont physiographic region, approximately 300 feet above
mean sea level (USGS, 1993) Hydric soils located within the project study area include
Chewacla sandy loam, 0-2% slopes, frequently flooded and Congaree fine sandy loam These
soils are mapped as hydric unit type B Type B units have inclusions of hydric soils or have wet
spots Figure 3 depicts the soils identified in the project study area
PHYSICAL CHARACTERISTICS
Water Resources
Water resources located within the project study area lie in the Hydrologic Unit
03020201, Subbasm 03-04-02 of the Neuse River basin (NCDWQ, 2002) The Neuse River
basin is subject to buffer rules designed to protect and preserve existing riparian buffers to
maintain their nutrient removal function The buffer rules apply to all perennial and intermittent
streams, lakes, ponds, and estuaries in this basin that are shown on the latest USGS topographic
quadrangle maps and NRCS soil survey maps Streams identified in the project study area
include the Neuse River and six unnamed tributaries (UTs) to the Neuse River The identified
streams and classifications are provided in Table 1 Figure 4 presents the locations of these
surface waters Perennial streams in the project study area include the Neuse River and four UTs
to the Neuse River Intermittent streams include two UTs to the Neuse River In addition, two
non-lunsdictional ephemeral channels were observed during the field investigation (Figure 4) In
the project study area, the following streams are subject to the Neuse River Buffer Rules the
Neuse River and four UTs to the Neuse River, S1, S2, S4, and S5 (Figure 4)
ES-1
Table 1: Classifications of Streams Identified within the Project Study Area
URS 5tire in as
Stream I Indicated on
Label IISGS Quad, NCDWQ
Stream
, Form
Ratio ,' r' 'Stream
Classification Approx.-Length of
Streamin,Pi-oject
Study-dArtiea
(Lineariteet Shown on
USES/Soil
Map
Neuse Neuse River N/A Perennial 1,800 Yes/Yes
S1 UT to Neuse River 305 Perennial 550 No/Yes
S2 UT to Neuse River N/A Perennial 2,000 Yes/Yes
S3 UT to Neuse River 365 Perennial 450 No/No
S4 UT to Neuse River N/A Perennial 1,000 Yes/Yes
S5 UT to Neuse River 19 Intermittent 50 Yes/Yes
S6 UT to Neuse River 275 Intermittent 350 No/No
1 NC Division of Water Quality Stream Classification Method NCDWQ Stream Classification Norm (NCDWQ, 2UUS)
2 The NCDWQ stream form was not completed as the stream exhibited strong perennial characteristics
The Neuse River is classified as WS-IV, NSW The stream index number is 27-(20 7)
(NCDWQ, 2007) Since the remaining surface waters (S1 through S6) in the project study area
are all unnamed tributaries to the Neuse River, they share the same designation as the body of
water to which they flow No streams within the project study area or streams up to a mile
downstream of the project study area are listed on the 2006 303(d) list (NCDWQ, 2006b)
Biotic Resources
The predominant terrestrial communities found in the project study area are Maintained/
Disturbed, Fallow Agricultural, and Disturbed Mesic Mixed Hardwood Forest (Figure 5)
Acreage and percent coverage for each plant community type identified in the project study area
are displayed in below Table 2
Maintained/Disturbed - The Maintained/Disturbed community includes road shoulders, rights-
of-way, and residential neighborhoods Many plant species are adapted to these disturbed and
regularly maintained areas The dominant species within this community in the project study area
include fescue (Festuca sp ), blackberry (Rubus sp ), poison ivy (Toxicodendron radecans),
Japanese honeysuckle (Lonecera japonica), Chinese privet (Legustrum senense), loblolly pine
(Pinus taeda), and sweet gum (Liquidambar styraciflua)
Fallow Agricultural - Fallow Agricultural includes fallow fields that were historically used to
graze cattle Occasionally, the areas included small forest blocks Open fields allowed for
proliferation of both annual and perennial grasses and herbs Dominant vegetation included
bluestem (Andropogon sp ) and other unidentified grasses
Disturbed Mesic Mixed Hardwood Forest (Piedmont Subtype)- Disturbed Mesic Mixed
Hardwood Forest is present along riparian zones and along the existing roadway hillslope Plant
species present in the overstory of this plant community include sweet gum, loblolly pine, box
elder (Ater negundo), American elm (Ulmus americana), willow oak (Quercus phellos), and
white oak (Quercus alba) The sparse shrub layer consisted of American holly (Ilex opaca), red
maple (Ater rubrum), and buckeye (Aesculus pavia) The herbaceous layer included species such
as woodsorrel (Oxalis dillenit), wolfberry (Lyceum spp ), and clover (Trifolium spp )
ES-2
Table 2: Natural Plant Communities Identified in the Project Study Area
Plant Community Acreage in Project ` Percent Coverage
? Study Area
Maintained/Disturbed 79 46%
Fallow Agricultural 33 19%
Disturbed Mesic Mixed Hardwood 59 35%
Forest Piedmont Subtype)
Quantification of impacts is pending until the preliminary design for the alternative alignments
and associated structures is complete
JURISDICTIONAL TOPICS
Surface Waters and Wetlands
The Neuse River and six UTs to the Neuse River are all considered junsdictional surface
waters, upon verification by the USACE, under Section 404 of the Clean Water Act (CWA)
Three wetlands totaling approximately 0 77 acres ofjunsdictional wetlands were identified in the
project study area Figure 4 presents the locations of the junsdictional wetlands in the project
study area Table 3 lists the jurisdictional wetlands identified in the project study area
Quantification of impacts 1s pending until the preliminary design for the alternative alignments
and associated structures is complete
Table 3: Jurisdictional Wetlands Identified within the Project Study Area
Wetland Riverine/ Wetland n«'Q WetlandsArea
von-Riverine C'lassificationi NN etland (acres)
Cowardin Ratin
W1/W2 Non-Riverne PEM 1 16 0 46
W3 Non-Riverne PEM1 20 0 02
W4 Non-Riverine PEM1 16 0 29
Classification of Wetlands and Deepwater Habitat of the United States (Cowardin et al , 1979)
Guidance for Rating the Values and Functions of Wetlands to North Carolina Fourth Version (NCDWQ, 1995)
Wetland W1/W2 are contiguous During field delineations, W1 was originally delineated to be separate from W2, but
further investigations determined that these wetlands were contiguous Wl/W2 designation is kept to be consistent with
field flagging
Permits
Any action that proposes to place fill into waters of the United States falls under the
jurisdiction of the USACE under Section 404 of the Clean Water Act (33 U S C 1344) This
permit is required in association with the Section 404 permitting process and is required prior to
Section 404 authorization Depending on the amount of impacts to natural resources, the
proposed project would require an Individual 404 permit or Nationwide Permit (NWP) 14 An
NWP 14 would apply if non-tidal wetland impacts do not exceed 0 5 acres or stream impacts do
not exceed 300 linear feet per stream
A Water Quality Certification pursuant to Section 401 of the Clean Water Act must be obtained
from the North Carolina Division of Water Quality (NCDWQ) Water Quality Section The
primary focus of the 401 Water Quality Certification (NC General Statutes Chapter 143 Article
ES-3
21, Part 1) for impacts to wetlands is on the role wetlands play in the protection of water quality
of surface waters and the uses of those waters
Permit requirements vary according to the type of activity proposed and the specific wetland
situation If an Individual Section 404 permit is required by the USACE, an Individual Section
401 Certification will also be required
Mitigation
At the federal level, under the Clean Water Act Section 404b(1) Guidelines (40 CFR 230)
and USACE regulations (33 CFR 320 4(r)), the USACE is obligated to require mitigation for any
unavoidable impacts to streams as a condition of permit approval The process for mitigation
includes avoiding impacts, minimizing impacts, and compensating for impacts
The City of Raleigh will investigate the project study area for on-site mitigation opportunities If
on-site mitigation is not possible, mitigation requirements will be satisfied by the Ecosystem
Enhancement Program (EEP) for the proposed project The EEP is designed to protect the
natural resources of North Carolina through the assessment, restoration, enhancement and
preservation of ecosystem functions, and compensation for development impacts at the
watershed level
Federally Protected Species
Species with the federal status of endangered (E), threatened (T), proposed endangered
(PE), and proposed threatened (PT) are protected under provisions of the Endangered Species
Act (ESA) of 1973 as amended (16 USC 1531 et seq ) Any action likely to adversely affect a
species classified as federally protected will be subject to review by the US Fish and Wildlife
Service (USFWS) The USFWS and North Carolina Natural Heritage Program (NCNHP) online
databases were reviewed for federally listed species potentially occurring in Wake County
(USFWS, 2007a, NCNHP, 2007) The federally protected species listed for Wake County as of
April 23, 2007 are listed in Table 4 NCNHP coverages (NCDENR, 2005) were also reviewed
and no known documented occurrences of federally listed threatened or endangered species were
identified within one mile of the project study area
Table 4: Federally Threatened and Endangered Species Listed for Wake County
Scientific Name wCommon Name „ Federal
Status „State >
Status Current
Status
Vertebrates
Halweetus leucocephalus Bald eagle N/A T Delisted
as of
8/8/07
Picoides borealis Red-cockaded woodpecker E E Historic
Invertebrates
Alasmidonta heterodon Dwarf wedgemussel E E Current
Vascular Plants
Rhus michauxaa Michaux's sumac E E-SC Current
Source Lists of Endangered, Threatened, Proposed and Candidate Species for the Southeast Region (USFWS, 2007)
ES-4
Natural Heritage Program List of Rare Plant Species of North Carolina (NCNHP, 2007)
Threatened (T) - A taxon `likely to become endangered within the foreseeable future throughout all or a significant portion of its
range
Endangered (E) - A taxon in danger of extinction throughout all or a significant portion of its range '
Special Concern (SC) -"Any species of plant in North Carolina which requires monitoring but which maybe collected and sold under
regulations adopted under the provisions of the Plant Protection and Conservation Act'
Historic - The species was observed to the county more than 50 years ago
Hahaeetus leucocephalus
Bald Eagle
The bald eagle has been delisted in the lower 48 states from the list of endangered and threatened
wildlife As of August 8, 2007, bald eagles are no longer protected under the ESA They are still
provided protection under the Bald and Golden Eagle Protection Act (Eagle Act) and the
Migratory Bird Treaty Act (MBTA) The MBTA and Eagle Act protects bald eagles from a
variety of harmful actions and impacts (USFWS, 2007b) However, at the time of the site visit,
they were still listed A summary of findings is presented below
Suitable habitat does exist for the bald eagle within the project vicinity, as Falls Lake is located
approximately 'A mile west of the project study area A bald eagle nest survey was conducted by
URS Corporation (URS) on May 9, 2007 in a 1500-foot radius of the proposed crossing site of
the Neuse River (along the Neuse River riparian corridor) No bald eagle nests were observed
during the survey The dominant canopy species included sweet gum (Liquidambar styraciflua),
loblolly pine (Pinus taeda), box elder (Ater negundo), American elm (Ulmus americana),
willow oak (Quercus phellos), and white oak (Quercus alba) While several large canopy trees
are present adjacent to the river, the riparian zone is narrow (less than 200 feet) and is not
contiguous to any large body of open water Though potential bald eagle habitat does exist
within the project study area, URS, did not observe the species or its nests
Biolovcal Conclusion No longer applicable
Picoides borealis
Red-cockaded woodpecker
Suitable habitat for the red-cockaded woodpecker does not exist in the project study area Small,
scattered patches of loblolly pine trees were identified in the protect study area The majority of
vegetation in the project study area consists of hardwood trees and fallow fields
Biolokical Conclusion No Effect
Alasmidonta heterodon
Dwarf wedgemussel
Suitable habitat for the dwarf wedgemussel does not exist within the project study area All
streams in the project study area are heavily impacted by upstream development During the time
of the field investigation, the Neuse River was experiencing rapid flows and high turbidity as a
result of the Falls Dam release, located approximately 'Amile upstream
Biolovcal Conclusion No Effect
ES-5
Rhus michauxii Michaux's sumac
Suitable habitat for Michaux's sumac may exist along the existing Falls of Neuse Road nght-of-
way and fallow fields observed within the project study area URS conducted a foot survey on
May 9, 2007 for Michaux's sumac along all roadsides, powerline rights-of-way, and fallow fields
within the project study area The optimal survey window for Michaux's sumac is from June to
October (flowering and fruiting), however, the distinct stature of this species (height,
pubescence, leaf serrations) allows for surveys when the species is not in bloom Transect
surveys were performed within the fallow fields No specimens were observed Smooth sumac
(Rhus glabra) and staghorn sumac (R typhina) were observed within the fallow fields The
frequency of disturbance within the fields is unknown, but it is suspected that more than a year
has passed since the fields were disturbed Several of the smooth and staghorn sumac specimens
observed were tall (4+ feet), and it is unlikely that the individuals have grown to that height so
early in the growing season The existing Falls of Neuse Road was surveyed from the roadside
out 150 feet Much of this area consists of maintained lawns and gardens associated with
subdivisions In areas where the disturbed roadside grasses were bordered by young forests, the
dominant species were Virginia creeper (Parthenocissus quinquefolia) and poison ivy
(Toxzcodendron radicans) Maintenance crews were mowing along Falls of Neuse Road the day
the survey was conducted It appeared from the height of the grass prior to cutting, that this road
is maintained on a fairly regular basis (approximately once a month), which may be too frequent
a disturbance for Michaux's sumac Two small powerline rights-of-way are present within the
project study area Similar to the fallow fields, smooth and staghorn sumac were observed, but
Michaux's sumac was not It is URS's opinion that the habitat present within the project study
area for Michaux's sumac is extremely marginal In addition, no specimens were observed
during the foot survey We recommend a `No Effect' Biological Conclusion for this species
Biological Conclusion No Effect
Conclusions
Within the project study area, jurisdictional surface waters included the Neuse River and
six UTs to the Neuse River Three wetlands totaling approximately 0 77 acres of jurisdictional
wetlands were identified in the project study area The predominant terrestrial communities
found in the project study area are Maintained/ Disturbed, Fallow Agricultural, and Disturbed
Mesic Mixed Hardwood Forest Quantification of impacts of these natural resources is pending
until the preliminary design for the alternative alignments and associated structures is complete
A Biological Conclusion of `No Effect" has been issued for the three species listed as federally
protected in Wake County The bald eagle has been delisted since the start of the project and no
longer requires a biological conclusion
ES-6

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Raleigh
GRANVILLE COUNTY-a
COUNTY
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Wake Fvresi:

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City of Raleigh
North Carolina
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Falls of Neuse
Wake County
Date: September 2007
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Municipal Boundary
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Figure 1
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Date: September 2007 Source: USDA County-Wide Mosaic. 2005. Soils
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City of Raleigh
North Carolina
Falls of Neuse
Wake County
40
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0 Maintained/Disturbed
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Figure 5
0.5 1
Date: September 2007 Source: USDA County-Wide Mosaic. 2005. Terrestrial Communities