20090104 Ver 1_More Info Received_20090331

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
BEVERLY EAVES PERDUE
GOVERNOR
March 31, 2009
Mr. Eric Alsmeyer
USACE
Raleigh Regulatory Field Office
3331 Heritage Trade Dr., Suite 105
Wake Forest, NC 27587
Dear Sir;
EUGENE A. CONTI, JR.
SECRETARY
This letter is a response to 2 letters from the public notice for the Rolesville Bypass
(NCDOT TIP No. R-2814). One letter from the U.S. Environmental Protection Agency (EPA)
dated March 4, 2009 and from the U.S. Fish and Wildlife Service dated March 10, 2009.
In these letters it recommends that the North Carolina Department of Transportation
(NCDOT) mitigate at a ratio of 2:1 from the mitigation sites proposed in our permit application.
NCDOT's permit application proposed a 1:1 ratio from the mitigation sites. These letters
indicate that the recommendation for higher ratios is from concern of replacing impacts to mature
(or relatively mature) forested systems with a newly planted site. To address these concerns,
NCDOT prepared the following site specific descriptions of the quality of the impacted wetlands
for Sections A and B. This is followed by a summary of the proposed mitigation sites, Jeffreys
Warehouse and Marks Creek, and their respective quality and ecological benefits. The
justification for NCDOT's proposal of the 1:1 ratio comes from the comparison of the qualities
of the impacted sites to the qualities of the mitigation sites.
R-2814A
Sites 1 and 2- These wetlands lie along the edge of US 401 and behind a subdivision.
They receive roadway runoff. The impacted areas contain no mature hardwoods, only scattered
loblolly pines 40-50 years old with young tulip poplar and sweetgum in the understory.
Site 3- This wetland has only herbaceous vegetation and is located just past the toe of
slope of US 401 and is located under a powerline. It has been disturbed in the past few years by
the construction of a waterline.
MAILING ADDRESS:
NC DEPARTMENT OF TRANSPORTATION TELEPHONE: [phone] LOCATION:
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 4701 AOantic AVE.,
NATURAL ENVIRONMENT UNIT FAX: [phone] SUITE 116
1598 MAIL SERVICE CENTER Raleigh, NC 27604
RALEIGH NC 27699-1598 VESSITE: WYYW.NCDOT.ORG

Site 4- This wetland is located just off the roadway of US 401 with some second growth
hardwoods of red maple, and blackgum and some shrubs.
Site 6- This wetland is located just off the roadway of US 401. No mature hardwoods are
found the in wetland, only second growth tulip poplar and green ash with some cane and shrubs
in understory. This wetland has been disturbed in past by logging and is surrounded by pine
regeneration and second growth red maple and tulip poplar.
R-2814B
Site 2- This headwater wetland has been disturbed by logging in the past. It only contains
shrubs of sweetgum, blackberry, catbriar and honeysuckle. The wetland is surrounded by second
growth loblolly pine, red maple and white oak.
Sites 3 and 4- These wetlands contain all herbaceous vegetation and are highly disturbed
because they are located underneath a powerline.
Site 7- This wetland is an old beaver swamp. The impact area contains no mature
hardwoods. Several snags exist within the wetland with some scattered second growth
hardwoods. Most vegetation is shrubs and herbaceous. The canopy is very open. A sewer line
runs parallel to the wetland.
Site 13- This wetland is located just off a road. It contains no mature hardwoods, only
some scattered second growth hardwoods, shrubs and cane. It is near an agricultural field and
part of surrounding area has been clearcut and now contains pine regeneration.
Site 14- The upper wetland is dammed up by beavers and is impounded. It contains
second growth blackgum and red maple and is surrounded by residential property. The lower
wetland contains second growth hardwoods of red maple, tulip poplar and sweetgum and is
partially surrounded by cleared areas.
Site 15- This wetland appears to have been clearcut approximately 5-7 years ago and is
surrounded by residential fields.
Site 17- This wetland is located next to a road and a powerline. It contains second growth
hardwoods of red maple, green ash and tulip poplar.
None of the wetlands impacted in Sections A and B contain mature hardwood trees. The
wetlands only contain scattered second growth hardwood trees along with pine and hardwood
saplings with invasive shrubs and vines in the understory. The species most commonly found
were red maple, sweetgum, tulip poplar and blackgum. Most of the wetlands are disturbed by
recent and past logging activities, are located along the edges of roadways and residences, have
been impacted by beavers, or are located within powerlines.
Each of the impact sites have been subjected to disturbances that affect the level of
function and overall quality of the wetlands. As evident by the descriptions above, these wetland
stressors include but are not limited to nutrient enrichment, contaminants, sedimentation, thermal
alteration, vegetation alteration, hydrologic alterations, soil disturbance, and habitat

fragmentation. These stressors reduce the level of habitat, water quality, and hydrology functions
of the wetlands.
The Jeffreys Warehouse site is proposed to offset 2.62 acres of riverine wetland impacts
and 1.77 acres of non-riverine wetland impacts associated with R-2814 A and B. The site is
approximately 88 acres, located along the east side of Little River. The site provides 3.66 acres of
riverine restoration and 23 acres of non-riverine restoration, in addition to stream and buffer
restoration. The site was replanted in 2007 after invasive species control measures were
implemented and to correct the initial poor planting techniques. The 2008 supplemental planting
was only in the vicinity of plots 6 and 7, both of which are located in the non-riverine restoration
areas. Field notes indicate the tree seedlings were being outcompeted by thick hydrophytic
herbaceous growth. All other plots were well above the vegetation success criteria. The
supplemental planting does not indicate poor site conditions or lack of success in wetland
restoration. Furthermore, restoration of the site provided a high functional lift by converting an
agricultural field drained by a dredged stream to a wooded wetland with a naturalized stream,
providing habitat and buffer along the Little River.
The Marks Creek site is proposed to offset 3,141 feet of stream impacts associated with
R-2814 A and B. The site is approximately 66 acres, located along the west side of Marks Creek
near Knightdale. The site provides 3,250 feet of Priority I stream restoration, in addition to
riverine wetland restoration, enhancement, and preservation and riparian and upland buffer
restoration and preservation. The fifth year of monitoring was completed in 2008. The Marks
Creek Site has met the required stream monitoring protocols including channel stability,
vegetation growth and survival, and required bankfull events. All of the restored tributary
profiles remain stable. All sixteen of the cross sections along the tributaries remain stable. There
is extensive growth of vegetation throughout the stream corridor, both within and outside of the
bankfull limits associated with the channel. Some areas of wetland restoration are not meeting
hydrologic success criteria. However, these areas are exceeding the vegetation success criteria
with an average of 600 stems per acre. The site restoration succeeded in establishing a forested
riverine wetland and stream system, providing a continuum of aquatic and terrestrial habitat
along Marks Creek. This site restoration provided a high functional lift from its previous
condition of a residential yard, ponded streams, and unbuffered cattle pastures.
As previously stated, NCDOT's proposal of 1:1 mitigation ratio is justified by the
comparison of the qualities of the impacted sites to the qualities of the mitigation sites. We
appreciate your consideration of this request in light of the compara ive conditions and functions
of the impact sites and mitigation sites.
r:, w
If you have any questions or need additional information, please call Rachelle Beauregard
at 431-6764.
Sincerely,
jro Gregory J. Thorpe, Ph.D.
Environmental Management Director, PDEA
Cc:
Kathy Matthews, USEPA
Brian Wrenn, DWQ
Gary Jordan, USFWS
Travis Wilson, NCWRC
Clarence W. Coleman, P.E., FHWA
LeiLani Paugh, NCDOT-NEU
4
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1
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
0
REGION 4

1 ATLANTA FEDERAL CENTER
10
' 61 FORSYTH STREET
+/ ae 1 ATLANTA, GEORGIA 30303-8960
March 4, 2009
Colonel Jefferson Ryscavage
District Engineer
Attn: Mr. Eric Alsmeyer
U.S. Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Subject: NCDOT; Rolesville Bypass (TIP No. R-2814)
Action I.D. No. 2008-0 1 3 1 6
Dear Colonel Ryscavage:
This is in response to the public notice for the North Carolina Department of
Transportation's (NCDOT) Rolesville Bypass (TIP Number R-2814), dated February 26, 2009.
The NCDOT proposes to construct the Rolesville Bypass partly on a new location and partly by
a 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 sections in 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 five 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 and Marine Regulatory
Section (EPA), has reviewed the public notice, the permit application and design sheets, and
other documents related to the project. NCDOT does not provide any justification for the
proposed 1:1-mitigation ratio. We recommend that a 2:1 mitigation ratio be required. We note
that we have no significant concerns with NCDOT's proposal to acquire compensatory
mitigation for Sections C and D, five years prior to their construction. We recommend that the
permit be conditioned to require the mitigation for Sections C and D to be provided no later than
five years prior to let.
Although in the past, EPA has agreed to a 1:1 ratio on a case-by-case basis for
compensatory mitigation for at least one project in North Carolina, we do not believe that this
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project would be adequately or appropriately compensated by less than a 2:1 ratio. The majority
of the wetland and stream impacts appear to be to forested systems. The Jeffreys Warehouse site
has been monitored for two years and consists of wetland nd stream restoration. The site was
replanted after the first year of monitoring due to low survival of planted trees, and then
supplementally planted in 2008 to further boost tree survival. The Marks Creek Site is five years
old and consists of stream and wetland restoration. NCDOT has requested close-out of this site,
but due to failure of portions of Zone 1 (wetland) to meet the hydrologic success criteria, the area
will have to be delineated and a site visit is needed. It is not clear how much wetland credit will
remain at the Marks Creek Site after re-delineation, but we note that NCDOT is proposing to use
only stream credit from the. site. We do not oppose the use of these two sites as compensatory
mitigation for the Neuse Basin impacts from the Rolesville Bypass. However, we do not believe
that the proposed ratio of 1:1 is adequate compensation. While we recognize that marsh systems
can often become mature within five years of construction, it is not the case with forested
wetlands or forested buffer along streams. There is a temporal loss associated with impacts to
mature (or relatively mature) forested systems, when replaced with a newly planted site. EPA
recommends a 2:1 ratio to account for this temporal loss, which typically last decades beyond the
five-year monitoring period.
Thank you for the opportunity to comment on this project. If you have any questions or
comments, please contact Kathy Matthews, of my staff, at 919-541-3062 or
[e-mail].
Sincerely,
e nifer tSerby
Chief
Wetlands and Marine Regulatory Section
cc: USFWS
NCDWQ
NCWRC
NCHP
NCDOT/PDEA
2
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
March 10, 2009
Eric Alsmeyer
U.S. Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Dear Mr. Alsmeyer:
This letter is in response to Public Notice (PN) ID No. 2008-01316, dated February 26, 2009.
The North Carolina Department of Transportation (NCDOT) has applied for a Department of the
Army permit to impact waters of the United States in order to construct the widening of US 401
and the Rolesville Bypass (TIP No. R-2814) in Wake and Franklin Counties, North Carolina.
These comments are provided in accordance with provisions of the Fish and Wildlife
Coordination Act (16 U.S.C. 661-667d) and section 7 of the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531-1543).
According to information provided in the PN, the NCDOT proposes to widen 18.5 miles of US
401 to a four-lane median-divided facility. Included in the project is a new-location bypass of
the Town of Rolesville. The project will impact 7.68 acres of wetlands, 10.08 acres of ponds,
and 5,036 linear feet of stream.
The U.S. Fish and Wildlife Service (Service) has been actively involved in the combined
NEPA/Section 404 Merger Process for this project. Many of our previous comments and
recommendations have been incorporated into the project design. Accordingly, we do not object
to the issuance of this permit. We do have the following additional comments.
NCDOT proposes to utilize mitigation credits from the Jeffreys Warehouse and Marks Creek
mitigation sites at a 1:1 ratio. While we do not oppose utilizing these two sites for mitigation, we
recommend that a minimum 2:1 ratio be used in order to compensate for the temporal loss of
forested wetlands. NCDOT also requests that mitigation requirements for sections C and D be
delayed until five years prior to their construction. We find that acceptable.
The Service has previously concurred with NCDOT's biological conclusion that the project will
have no effect on the federally endangered red-cockaded woodpecker (Picoides borealis) and
Michaux's sumac (Rhus michauxii). Also, the Service has concurred with NCDOT's biological
conclusion that the project may affect, but is not likely to adversely affect the federally
endangered dwarf wedgemussel (Alasmidonta heterodon) and Tar River spinymussel (Elliptio
steinstansana). However, given the fact that sections C and D are currently unfunded, lack final
design, and will likely not be constructed for a considerable length of time, it will be necessary
for NCDOT to reinitiate section 7 consultation when sections C and D are scheduled for
construction. Additional mussel surveys should be required for sections C and D at that time.
The Service appreciates the opportunity to review this project. If you have any questions
regarding our response, please contact Mr. Gary Jordan at [phone], ext. 32.
Sincerely,
Pete B l.enlamm
CCC Field Supervisor
cc: Kathy Matthews, USEPA, Raleigh, NC
Travis Wilson, NCWRC, Creedmoor, NC
John Sullivan, FHWA, Raleigh, NC