20090375 Ver 1_Public Notice_20090616

US Army Corps PUBLIC NOTICE
of Engineerse
Wilmington District r
Issue Date: May 19, 200)
Comment Deadline: June 16, 2009
Corps Action ID #: 2009-00700
The Wilmington District, Corps of Engineers (Corps) has received an application from The
North Carolina Department of Transportation (NCDOT), seeking Department of the Army (DA)
authorization to permanently impact approximately 470 linear feet (It) of stream channel, and
temporarily impact 87 linear feet of stream channel within jurisdictional waters of the United
States. This project is referred to as Transportation Improvement Project (TIP) U-3306.
Specifically, the project would impact portions of Cedar Fork Creek and two (2) unnamed
tributaries to Cedar Fork Creek. These impacts are associated with the proposed improvements
and widening of 2.7 miles of SR 1733 (Weaver Dairy Road) from NC 86 (Martin Luther King.
Jr. Boulevard) to SR 1734 (Erwin Road), in Chapel Hill, Orange 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 www.saw.usace.armv.mi ]/wetlands.
Applicant: North Carolina Department of Transportation
Project Development and Environmental Analysis
Natural Environment Unit
Attn: Ms. Elizabeth Lusk
1598 Mail Service Center
Raleigh, North Carolina 27699-1598
Authority
The Corps will evaluate this application and a decide whether to issue, conditionally issue, or
deny the proposed work pursuant to the applicable procedures of Section 404 of the Clean Water
Act.
Location
The proposed project (Improvements to SR 1733 or Weaver Dairy Road) is located from the
existing NC 86 (Martin Luther King, Jr. Boulevard) to SR 1734 (Erwin Road) in Chapel Hill,
Orange County. North Carolina. The site contains the headwater portion of Cedar Fork Creek
and two unnamed tributaries to Cedar Fork Creek, in the Cape Fear River Basin (8-Digit
Cataloging Unit 03030002). Coordinates (in decimal degrees) for the site are 35.9639°N, -
79.0422° W (NAD83/WGS84). See attached project location map and USGS topographic map.
Existing Site Conditions
The project corridor is approximately 21 acres, is located in an urbanized area of Chapel I lilt.
The northwestern portion of the project location consists of commercial, office, high, medium
and low density residential and a small amount of institutional land use. The central portion of
the project is mostly low density residential, institutional and park/open land type land use. The
southeastern portion is low and medium density residential and institutional land use. Three
stream channels now through the proposed project boundary; Cedar Fork Creek and two
unnamed tributary to Cedar Fork Creek Creek. All streams located on the site were determined
to have important aquatic functions by the U.S. Army Corps of Engineers that will require
compensatory mitigation. The stream channels at Sites I and 4 (Cedar Fork Creek) and the
stream channel at Site 3 (unnamed tributary to Cedar Fork Creek) will require compensatory
mitigation at a 2:1 ratio. The stream channel at Site 2 (unnamed tributary to Cedar Fork Creek)
will require compensatory mitigation at a 1:1 ratio.
Applicant's Stated Purpose
As stated by the applicant, the purpose of the project is to add capacity to the western portion of
the project, provide system linkage from NC 86 (Martin Luther King Jr. Boulevard) to US 15-
501, and improve access along SR 1733 (Weaver Dairy Road) for pedestrians, bicycles, and bus
transit.
Project Description
The following description of the work is taken from data provided by the applicant. Plans
submitted with the application show the placement of fill material permanently impacting
approximately 470 linear feet of stream channel and temporarily impacting approximately 87
linear feet of the jurisdictional waters of the Cape Fear River basin (Hydrologic Categorical Unit
03030002). The proposed 2.7-mile improvements to SR 1733, also known as Weaver Dairy
Road. (TIP Number U-3306), consist of a four-lane median divided facility from NC 86 (Martin
Luther King Jr. Boulevard) to Kingston Drive, while a three-lane typical section is planned for
the remainder of the project from Kingston Drive eastward to SR 1734 (F-rwin Road). A
roundabout is included at the intersection of existing Weaver Dairy Road and the new location
section of Weaver Dairy Road located near the western terminus of the project. Both proposed
typical sections include 12-foot travel lanes, 5-foot designated bicycle lanes, 5-foot sidewalks.
and curb and gutter drainage. The roundabout typical section includes a 60-foot diameter center
grass island, a 10-foot truck island, an 18-foot travel lane, and a 5-foot sidewalk. From the
western portion terminal, NC 86 (Martin Luther King, Jr. Boulevard), the project will follow the
existing alignment of SR 1733 (Weaver Dairy Road) for approximately 2.2 miles. The proposed
alignment will then be on new location for approximately 0.40 miles to the intersection of Sage
Road and SR 1734 (Erwin Road), the eastern project terminus. There are no proposed
jurisdictional impacts on the portion that is new location. The project will involve the
installation of a 60 inch reinforced concrete pipe (RCP) at site 1, replacing and existing 48 inch
concrete pipe, which will permanently impact 71 linear feet and temporarily impact 22 linear feet
of stream. There will also be 10 linear feet of stream impacted by bank stabilization activities at
site 1. The project will also involve installation of a 48 inch RCP at site 2, but will result in the
removal of 75 linear feet of existing culvert. There will be 9 linear feet of temporary impacts at
site 2. There will be 306 linear feet of permanent impacts and 39 linear feet of temporary
impacts, at site 3, due to the relocation of the tributary and due to the installation of a 48 inch
RCP. There will be 83 linear feet of permanent impacts and 17 linear feet of temporary impacts
at site 4 associated with the extensions of a 60 inch RCP and a 48 inch RCP. Temporary impacts
at each site are to allow access for equipment and construction of the new roadway and the
installation of culverts.
The applicant proposes compensatory mitigation of impacts to stream channels with important
aquatic function, which is 460 linear feet, at a 2:1 ratio at sites I, 3 and 4 by providing payment
into the North Carolina Ecosystem Enhancement Program (NCEEP) for the restoration of 920
linear feet of stream channel. No mitigation is proposed or required for the 10 linear feet of
stream impacts associated with the bank stabilization activities. In addition to the proposed
payment to the NCEEP, the applicant has avoided and minimized impacts by proposing to utilize
NCDOT's Best Management Practices (BMPs) for the protection of surface waters, and by using
2:1 side slopes and b}' using rip rap on the channel banks only at the outlet end of the pipe at Site
1, by removing 75 linear feet of pipe from an existing stream at Site 2 and by diverting drainage
from the road so that it does not directly discharge into the streams at Sites 1 and 3.
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 (PL 92-500). The receipt of the application and
this public notice in the NCDWQ Central Office in Raleigh serves as application to the NCDWQ
for 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, 401 Oversight and Express Permits 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: Ms. Cyndi Karoly by June 9, 2009.
Essential Fish Habitat
This notice initiates the Essential Fish Habitat (EFE) consultation requirements of the
Magnuson-Stcvcns Fishery Conservation and Management Act. The Corps' initial determination
is that the proposed project will not adversely impact EFH or associated fisheries managed by
the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine
Fisheries Service.
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic Places
and is not aware that any registered properties, or properties listed as being eligible for inclusion
therein are located within the project area or will be affected by the proposed work. Presently,
unknown archeological, scientific, prehistoric, or historical data may be located within the
project area and/or could be affected by the proposed work.
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 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. A final determination on the effects of the proposed project will be made
upon additional review of the project and completion of any necessary biological assessment
and/or 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 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 1 1988), 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(6)(1 )guidelines.
Commenting Information
The Corps 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 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,
within 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, June 19, 2009. Comments should be
submitted to Andrew E. Williams, Raleigh Regulatory Field Office, 3331 Heritage Trade Drive,
Suite 105, Wake Forest, NC 27587.

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