20090104 Ver 1_Email_20090407

Response to NCDOT's 033109 letter on Rolesville Bypass
Subject: Response to NCDOT's 033109 letter on Rolesville Bypass
From: [e-mail]
Date: Tue, 7 Apr 2009 11:13:26 -0400
To: Eric. [e-mail]. mi1, [e-mail]
CC: [e-mail], [e-mail], [e-mail],
[e-mail]
Eric and Rob,
This is in response to the March 31, 2009 letter from the North Carolina Department of Transportation
(NCDOT), concerning EPA's March 4, 2009 comments on the public notice for the Rolesville Bypass
(TIP Number R-2814). The NCDOT proposes to construct the Rolesville Bypass partly on new location
and partly by road-widening, as a 4-lane, median- divided facility. The proposed road project is
approximately 18.5 miles in length, and will potentially impact 7.68 acres of wetlands, 10.08 acres of
ponds, and 5,036 linear feet of stream in the Neuse and Tar River watersheds (Hydrologic Units
03020201 and 03020101). There are four section of the project; A, B, C, and D. NCDOT has a final
design for Section A, and intends to let the contract in October, 2009. Preliminary designs have been
prepared for Sections B, C, and D, but only Section B is funded for construction (in 2011). Sections C
and D are not currently funded, and NCDOT has requested that the requirement to compensate for
Section C and D impacts be delayed until such sections are 5 years from construction let. As
compensation for the proposed impacts for Sections A and B of the project (which are both located in
HUC 03020201), the NCDOT proposes to use mitigation credits from the Jeffreys Warehouse (also
known as JALO) Mitigation Site and the Marks Creek Mitigation site, at a mitigation ratio of 1:1. These
mitigation sites are also located in HUC 03020201.
The U.S. Environmental Protection Agency, Region 4, Wetlands & Marine Regulatory Section (EPA),
has reviewed the letter, in which NCDOT states that many of the wetland sites are not mature, provides
some general descriptions of the sites, and summarizes that its proposed 1:1-ratio is justified. NCDOT
provides the age of the site for only two forested area (Sites 1 and 2), and states that these areas have no
mature hardwoods, but only loblolly pines 40-50 years old. No discussion of the stream sites is
provided.
It is difficult for EPA to determine what meets NCDOT's definition of a "mature" wetland. NCDOT
also states that several of the sites only contain second growth hardwood trees and pine, but does not
provide a typical age for "second growth." Wikipedia defines second growth forest as "a forest or
woodland area which has re-grown after a major disturbance such as fire, insect infestation, timber
harvest or wind throw, until a long enough period has passed so that the effects of the disturbance are no
longer evident. It is distinguished from a primary forest (old growth or primeval forest), which have not
undergone such disruptions, as well as third-growth forests that result from severe disruptions in second
growth forests."
EPA understands that primeval or old growth forest is not likely to be found in the project area, or
throughout much of North Carolina. Most of the forest in the United States consists of second growth
forest, and it is the best we have in most places. Second growth forests are likely to be the most .
common mature or relatively mature communities encountered, particularly by a road widening project.
Second growth forests can provide many important functions to a high degree, depending on the age of
the community. Relatively mature wetlands typically provide improved water quality, hydrology, and
1 of 3 4/7/2009 11:29 AM
Response to NCDOT's 033109 letter on Rolesville Bypass
habitat functions over younger wetland sites because of the age of the trees, better vegetation structure,
and better developed wetland soils. We note that all wetland restoration sites which are replanted would
likely be classified as second growth, even when mature.
We recognize that some of the wetland sites proposed for impacts are herbaceous wetlands with few to
no trees. We would agree to a 1:1 mitigation ratio for herbaceous sites (R-2814A Site 3, R-2814B Sites
2, 3, 4, 7, and 15). However, we do not belie e it is appropriate to allow a 1:1 mitigation ratio for the
orested sites, and we recommend a ratio of 2:1. Although the sites may have secondary growth rather
than old growth, this type-of forested wet an is very common in North Carolina, and provides higher
quality functions than much younger sites which have no canopy trees. We further note that the
proximity of these sites to impacted areas may decrease some functions of the wetland, but it also points
out the value of all of the wetlands along the project, and the functions they provide in this area of
accelerating growth.
Further, EPA's recommended ratio for restoration (2:1) was developed after (a) considering the time
required for typical forested mitigation sites to reach maturity or tar eg t conditions, (b) the risk of
mitigation not achieving funchona rep acement and (c) considerin the loss of function over time (EPA
Region 4 Compensatory rtigation Policy, 2001). When PA agrees to close out a wetland or stream
mitigation site, we are not indicating that we believe the site to be fully functional (and therefore worthy
of a 1:1 ratio when compensating for relatively mature forested impacts). Our agreement to close out a
five-year-old site indicates that we believe that the site is on a trajectory to achieve full function at some
time in the future, typically decades. However, as the Corps is aware, some sites do not progress to
mature forested wetlands after the 5-year monitoring period, and do not provide functional replacement
for the impacts that were supposed to be compensated. The risk and temporal loss of function is
factored into the mitigation ratio.
For the stream sites, EPA does not believe that a 1:1 ratio is appropriate, and continues to recommend a
ratio of 2:1. No additional information is provided by NCDOT to justify a lower ratio for the stream
sites. Stream sites 6 and 7 drain to Toms Creek, which is listed on the 2006 303(d) list, and so these
stream`s perform important unc ions in the protec ton o t e fisted downstream water-body. Sites It, 12,
and 16 are in Water Supply II waters and High Quality Waters. As stated above, EPA does not believe'
that a 5-year-old stream restoration site is fully functional. When EPA signs off on such sites, we are
indicating that we believe it has been given a long-enough "head start" to eventually achieve full
function at some point in the future. As the Corps knows, sometimes activities occur after this period
affecting the success of the site (such as beaver dams, encroachment into the buffer by neighbors, etc.),
and the 2:1 ratio was developed in consideration of this risk of failure, along with the time-lag for the
site to achieve relative maturity.
In summary, EPA is willing to agree to a 1:1 ratio for the herbaceous wetland impacts, using the
mitigation sites proposed. For the forested wetland impacts and stream impacts, we continue to
recommend a 2:1 mitigation ratio.
Thank you for the opportunity to comment on this project. If you have any questions or comments,
please contact me at the number below.
Kathy Matthews
USEPA - Region 4 Wetlands & Marine Reg. Section
109 T.W. Alexander Dr.
2 of 3 4/7/2009 11:29 AM
Existing Site Conditions
The setting of the general area to be impacted varies from undeveloped wooded land to
residential areas and a_ricullural land. The wooded land varies from mature to medium-
growth forest to recently logged areas. The project area is in the Upper Neese and Tar
River basins.
The wetland habitats that will be impacted by the proposed project are typical piedmont
riparian and non-riparian wetlands, including emergent marsh. maintained and forested
palustrine wetlands. and bottomland hardwood forest. These wetlands are adjacent to
Harris. Cedar Fork. Perry, Brandy. Crooked and Cedar Creeks. Wolfpen Branch, the
Little River. and unnamed tributaries that are unnamed on the USGS quadrangle maps.
with the exception of two wetlands that are isolated. The impacted unnamed and named
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 ofthe streams being less than three feet wide
and two feet deep. The Corps has determined. based on field review of the biological.
chemical and physical attributes and functions of the streams. that 529 linear feet of
streams are intermittent streams with only minimal aquatic function.
Applicant's Stated Purpose
The applicant's stated purpose of the proposed project is to alleviate the existing and
future deficiencies along this portion of US 401. to alleviate traffic congestion and
provide an acceptable level of service through the design year 2025, and improve safety
along this portion of US 401.
Project Description
The proposed project is divided into four sections. A. B. C and D. Sections A. C and 1)
are widening of the existing US 401. Section B is a new' location facility that relocates
US 401 on a bypass to the east of the Town of Roles%ille. All sections are proposed as a
four-lane. median-divided facility. and will tie in to existing multi-lane sections at both
the south and north ends. Final design has been completed for Section A. on the southern
end. and it is scheduled to be let for contract in October 2009. Preliminary design has
been completed on Sections B. C and D and authorization to construct these later sections
will be dependant upon completion of final design and a determination that all practicable
measures to minimize impacts to the aquatic environment have been completed. Impacts
are based on final design for Section A, and preliminary design for the remaining
sections. The project will impact a total of 5.036 linear feet of streams. 10.08 acres of
ponds, and 7.68 acres of wetlands (including isolated wetlands), for roadway
construction, based on the current design. The wetland impacts include permanent
impacts to 539 acres of riparian wetland and 0.69 acre of non-riparian wetland.
temporary impact of 0.01 acre of riparian wetland. and permanent impacts to 1.60 acre of
isolated wetlands that are not regulated under Section 404 of the Clean Water Act. at two
sites.
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The applicant proposes to use 2.62 acres of riparian wetland credits, 1.77 acres of non-
riparian wetland credits, and 3).141 linear feet of warm-water stream credits. from the
Jeffrey's Warehouse (also known as JALO) mitigation site in Wayne County, and the
Mark's Creek mitigation site in Wake County. both in the Upper Neuse River Basin, to
mitigate for the unavoidable losses of streams with more than minimal aquatic function.
and wetlands. in Sections A and B. Since Sections C and D are currently unfunded.
NCDOT proposes to acquire the mitigation for these sections .5 years prior to their
construction. Specific mitigation information for each of these sections will be provided
when NC DOT submits their request to modify the existing permit (if issued) to allow
construction of these later phases once final design has been completed and the District
Commander has made a determination that minimization of impacts has been achieved to
the maximum extent practicable.
Design plans and information about the proposed mitigation sites are available for review
at the U.S. Army Corps of Engineers Regulatory Field Office at 3331 Heritage Trade
Drive. Suite 105: Wake Forest. North Carolina 27587 (Call ahead to arrange a time for
review at [phone]. ext. 23).
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 (PI- 92-500). The receipt of
the application and this public notice combined with appropriate application tee 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 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. Transportation Permitting Unit. 2321 Crabtree Boulevard. Raleigh. North
Carolina 27604-2260. Al I 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). 2321 Crabtree
Boulevard. Raleigh. North Carolina 27604-2260 Attention: Mr. John Hennessy by
March 18. 2009.
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic
Places and has determined that the following registered properties. or properties listed as
being eligible for inclusion therein, are located within the project area and will be
affected by the proposed work: Timberlake Historic District. Perry-Fuller House.
Jeffreys-Ellington Farm. Rogers-Whitaker-Haywood House. and Cascine Plantation.
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NCDOT will not be acquiring any right-of-vway or easements from these historic
properties. and has committed to using landscaping measures along the properties' right-
of-nays (with the exception of the Cascine Plantation) and to providing reasonable access
to the property owners. The North Carolina State Historic Preservation Office has
determined that the proposed highwa} improvements will have no adverse effect to these
properties.
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 (ESA). that the proposed project may affect the federally listed endangered
Aiasmidonra heteredon (Dwarf vwedgemussel) and Elliplio steinslansuna (Tar River
spinymussel). Some habitat for these mussels was found within streams to be impacted
by the project. but no specimens were found within the project impact areas. The US
Fish and Wildlife Sere ice has concurred with a determination of "may affect. but is not
likel}' to adversely affect' for these mussels for Sections A and B of the project. based on
NCDOT's commitments to specific conservation measures. NC'DOT will be required to
reinitiate consultation under Section 7 of the Endangered Species Act for Sections C and
D when they are scheduled for construction. A final determination on the effects of the
proposed project in Sections C and D will be made upon completion of this necessary
consultation with the U.S. Fish and Wildlife Service.
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 eficcts
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. seater 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.
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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 tier 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, March 26. 2009. Comments
should be submitted to Eric Alsmeyer. Wilmington District. Corps of Engineers.
Raleigh Regulatory Field Office. 3331 Heritage Trade Drive. Suite 105, Wake Forest.
North Carolina 27587. Telephone [phone]. est. 23.
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