20190923 Ver 1_SAW-2019-01374-PN_20190807

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US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: July 30, 2019
Comment Deadline: August 30, 2019
Corps Action ID Number: SAW-2019-01374
The Wilmington District, Corps of Engineers (Corps) received an application from the
Town of Fuquay-Varina seeking Department of the Army authorization to discharge
fill material into wetlands Hydrologic Unit Code (HUC) 03020201 (Meuse River
Basin), associated the Westec Way Extension, in 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
http://www. saw.usace. army.mil/Missions/RegulatoryPermitProgram. aspx
Applicant: Town of Fuquay-Varina
Attn: Tracy Stephenson
405 Spring Ave
Fuquay-Varina, NC 27562
Agent: WithersRavenel
Attn: Troy Beasley
219 Station Road, Suite 101
Wilmington, NC 28405
Authority
The Corps evaluates this application and decides whether to issue, conditionally issue, or
deny the proposed work pursuant to applicable procedures of the following Statutory
Authorities:
® Section 404 of the Clean Water Act (33 U.S.C. 1344)
❑ Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)
❑ Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972
(33 U.S.C. 1413)
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Location
Location Description: The project is ±0.8 acres in size and is located at the western
terminus of Westec Way, west of the intersection of Westec Way and Technology Park
Lane in Fuquay-Varina, Wake County.
Project Area (acres): .8 Nearest Town:Fuquay-Varina
Nearest Waterway: Basal Creek River Basin: Neuse
Latitude and Longitude: 35.6188N,-78.8092W
Existing Site Conditions
The proposed corridor contains primarily a combination of commercial and residential
development.
This project lies within the Piedmont Physiographic Province in the Neuse River
Basin (Hydrologic Unit Code 03020201). Jurisdictional features within the project study
area that would be impacted include one riparian wetland adjacent to Basal Creek (North
Carolina Division of Water Quality (NCDWQ) Classification B;NSW NCDWQ Index
No. 27-43-15-3).
There are no designated Outstanding Resource Waters (ORW), High Quality Waters
(HQW), Water Supply I (WS-I), or Water Supply II (WS-11) waters within 1.0 mile of
the project area. No waters within the project area and/or within a mile of the project area
are listed on the 2012 303(d) Final List of Impaired Waters of North Carolina.
Applicant's Stated Purpose
The purpose of the proposed project is to construct the extension of Westec Way to make
it a fully functional road providing a connection from Technology Park Lane to NC 55
Hwy.
Project Description
The project consists of the construction of a ±400 linear foot section of road which will
provide the connection between the western terminus of the existing Westec Way and the
portion of Westec Way being constructed as part of the Basal Creek Apartments project
(AID: SAW-2008-00354 / NCDWR Proj #18-1004) which will extend to NC 55 Hwy (N.
Broad Street).
The proposed road will extend through an existing beaver impoundment/herbaceous
wetland. Two 48-inch RCP culverts will be installed within the road which will provide a
hydrologic connection and convey flow and aquatic life passage between the beaver
impoundment wetlands on both sides of the road. The culverts will be installed a
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minimum of 12- inches below the substrate to ensure continued flow during periods of
low water levels. Headwalls and wing walls will be constructed on both ends of the
culvert in order to stabilize fill and minimize impacts. A rip -rap dissipater will be
constructed on below the downstream end of the culvert in order to dissipate energy and
prevent erosion within the wetlands.
During construction, work will be completed "in the dry" by constructing a temporary
dam (sheet pile, coffer dam, etc) around the entire project area and water will be pumped
out of the project area during construction. Downstream flow will be maintained by
pumping water around the construction area during construction. Once construction is
complete, the temporary dam will be removed and the area restored to natural grade and
temporarily seeded, if possible, depending on the water levels.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or
minimize impacts to the aquatic environment: Prior to site plan design, the applicant
requested that a detailed wetland delineation be conducted so that impacts to wetlands
and "waters" could be minimized.
Since the project consists of the connection of two road stubs to create a fully functional
road, impacts could not be avoided. Impacts were minimized by crossing the stream and
wetlands as close to perpendicular as possible. Additionally, the culvert has been
designed to be installed 12- inches below the substrate to allow for flow during periods of
low water in the beaver impoundment.
The rip -rap dissipater will be constructed below the downstream end of the culvert in
order to dissipate energy and prevent erosion of the wetland.
Head walls and wing walls have been designed on both ends of the culverts to stabilize
road fill and minimize impacts. Additionally, wetland impacts have been minimized to
design the backslopes at a 3:1 slope to return road fill to natural grade, which is the
minimum slope allowed by NCDOT standards.
Neuse River riparian buffer impacts have been minimized by crossing the stream/buffers
at as close to perpendicular as possible.
Permanent riparian buffer impacts are less than 1/3 acre, and therefore are classified as
"Allowable".
During construction, silt fencing will be installed around all areas to be disturbed to
prevent sediment from escaping into undisturbed wetlands. Additionally, since the
proposed road connection will be constructed through a beaver impoundment, a
temporary dam (sheet pile, coffer dam, etc) will be constructed around the entire project
area and water will be pumped out of the project area during construction so work can be
completed "in the dry". Downstream flow will be maintained by pumping water around
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the construction area during construction. Once construction is complete, the temporary
dams will be removed and the area restored to natural grade and temporarily seeded, if
possible, depending on the water levels.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment: The applicant proposes to mitigate for the
0.59 acres of permanent wetland impacts through the purchase of offsite mitigation
credits at a 2:1 ratio, resulting in the purchase of 1.18 acres of riparian wetland mitigation
credits. The applicant proposes to provide the 1.18 acres of riparian wetland mitigation
through the purchase of credits from RES within the Neu -Con Wetland & Stream
Mitigation Bank — Hannah Bridge Site.
Essential Fish Habitat
Pursuant to the Magnuson -Stevens Fishery Conservation and Management Act, this
Public Notice initiates the Essential Fish Habitat (EFH) consultation requirements. The
Corps' initial determination is that the proposed project would not effect EFH or
associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management
Councils or the National Marine Fisheries Service.
Cultural Resources
Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C of
33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C,
the District Engineer consulted district files and records and the latest published version
of the National Register of Historic Places and initially determines that:
❑ Should historic properties, or properties eligible for inclusion in the National
Register, be present within the Corps' permit area; the proposed activity requiring
the DA permit (the undertaking) is a type of activity that will have no potential to
cause an effect to an historic properties.
® No historic properties, nor properties eligible for inclusion in the National
Register, are present within the Corps' permit area; therefore, there will be no
historic properties affected. The Corps subsequently requests concurrence from
the SHPO (or THPO).
❑ Properties ineligible for inclusion in the National Register are present within the
Corps' permit area; there will be no historic properties affected by the proposed
work. The Corps subsequently requests concurrence from the SHPO (or THPO).
❑ Historic properties, or properties eligible for inclusion in the National Register,
are present within the Corps' permit area; however, the undertaking will have no
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adverse effect on these historic properties. The Corps subsequently requests
concurrence from the SHPO (or THPO).
❑ Historic properties, or properties eligible for inclusion in the National Register,
are present within the Corps' permit area; moreover, the undertaking may have an
adverse effect on these historic properties. The Corps subsequently initiates
consultation with the SHPO (or THPO).
❑ The proposed work takes place in an area known to have the potential for the
presence of prehistoric and historic cultural resources; however, the area has not
been formally surveyed for the presence of cultural resources. No sites eligible
for inclusion in the National Register of Historic Places are known to be present
in the vicinity of the proposed work. Additional work may be necessary to
identify and assess any historic or prehistoric resources that may be present.
The District Engineer's final eligibility and effect determination will be based upon
coordination with the SHPO and/or THPO, as appropriate and required, and with full
consideration given to the proposed undertaking's potential direct and indirect effects on
historic properties within the Corps-indentified permit area.
Endangered Species
Pursuant to the Endangered Species Act of 1973, the Corps 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 determines that the proposed project would not affect federally listed
endangered or threatened species or their formally designated critical habitat.
❑ The Corps determines that the proposed project may affect federally listed
endangered or threatened species or their formally designated critical habitat.
❑ The Corps initiates consultation under Section 7 of the ESA and will not make
a permit decision until the consultation process is complete.
❑ The Corps will consult under Section 7 of the ESA and will not make a permit
decision until the consultation process is complete.
❑ The Corps has initiated consultation under Section 7 of the ESA and will not
make a permit decision until the consultation process is complete.
❑ The Corps determines that the proposed project may affect federally listed
endangered or threatened species or their formally designated critical habitat.
Consultation has been completed for this type of activity and the effects of the
proposed activity have been evaluated and/or authorized by the National Marine
Fisheries Service (NMFS) in the South Atlantic Regional Biological Opinion or
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its associated documents, including 7(a)(2) & 7(d) analyses and Critical Habitat
assessments. A copy of this public notice will be sent to the NMFS.
® 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. The Corps will
make a final determination on the effects of the proposed project upon additional
review of the project and completion of any necessary biological assessment
and/or consultation with the U.S. Fish and Wildlife Service and/or National
Marine Fisheries Service.
Other Required Authorizations
The Corps forwards this notice and all applicable application materials to the appropriate
State agencies for review.
North Carolina Division of Water Resources (NCDWR): The Corps will generally not
make a final permit decision until the NCDWR issues, denies, or waives the state
Certification as required by Section 401 of the Clean Water Act (PL 92-500). The receipt
of the application and this public notice, combined with the appropriate application fee, at
the NCDWR Central Office in Raleigh constitutes initial receipt of an application for a
401 Certification. A waiver will be deemed to occur if the NCDWR fails to act on this
request for certification within sixty days of receipt of a complete application. Additional
information regarding the 401 Certification may be reviewed at the NCDWR Central
Office, 401 and Buffer Permitting Unit, 512 North Salisbury Street, Raleigh, North
Carolina 27604-2260. All persons desiring to make comments regarding the application
for a 401 Certification should do so, in writing, by August 19, 2019 to:
NCDWR Central Office
Attention: Ms. Karen Higgins, 401 and Buffer Permitting Unit
(LISPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699-1617
Or,
(physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604
North Carolina Division of Coastal Management (NCDCM):
❑ The application did not include a certification that the proposed work complies
with and would be conducted in a manner that is consistent with the approved
North Carolina Coastal Zone Management Program. Pursuant to 33 CFR 325.2
(b)(2) the Corps cannot issue a Department of Army (DA) permit for the
proposed work until the applicant submits such a certification to the Corps and
the NCDCM, and the NCDCM notifies the Corps that it concurs with the
applicant's consistency certification. As the application did not include the
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consistency certification, the Corps will request, upon receipt„ concurrence or
objection from the NCDCM.
® Based upon all available information, the Corps determines that this application
for a Department of Army (DA) permit does not involve an activity which would
affect the coastal zone, which is defined by the Coastal Zone Management (CZM)
Act (16 U.S.C. § 1453).
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 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 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.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials, including any consolidated 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 will 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.
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The Corps of Engineers, Wilmington District will receive written comments pertinent to
the proposed work, as outlined above, until 5pm, August 30, 2019. Comments should be
submitted to Mr. James Lastinger, Raleigh Regulatory Field Office,
3331 Heritage Trade Drive, Suite 105 , Wake Forest, North Carolina 27587, at (919) 554-
4884-ext 32 or via email at [e-mail].
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