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HomeMy WebLinkAbout20191029 Ver 1_I-5700 GP 31 Additional Info GP31_20190910STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Roy COOPER GOVERNOR September 17, 2019 US Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Dr., Suite 105 Wake Forest, NC 27587 Attention: James Lastinger NCDOT Coordinator, Division 5 JAMES H. TROGmN, III SECRETARY Subject: Additional Information for General Permit 31 Application for the proposed Improvements for the Interchange of I-40 and Airport Boulevard in Morrisville, Wake County, Division 5, WBS 50118.1.FS1, TIP No. I-5700. Reference: Incomplete Application Notification dated August 29, 2019 from the US Army Corps of Engineers (USACE) Dear Sir: The USACE Incomplete Application Notification addresses usage of a General Permit 31, avoidance and minimization for losses to waters of the U.S., and insufficient mitigation for project impacts. Each of these topics are addressed below. General Permit 31 As mentioned in the Incomplete Application Notification, in previous communication, the Department had indicated the project had gone through the NEPA/404 Merger Process. This information was inadvertently based on the 4B and 4C Merger meetings. The proposed project will convert the existing interchange at I-40 and SR 3015 (Airport Blvd) to a diverging diamond interchange and construct an auxiliary lane on 1-40 WB from SR 3015 to 1-540. Pleasant Grove Church Rd will be realigned to North to provide better separation between intersections on SR 3015. The project will also include the addition of a 10-foot side path on the west side of Airport Blvd to facilitate pedestrian traffic and a connection to the Stirrup Iron Creek Greenway planned on the West side of Airport Blvd. NCDOT is submitting this additional information to satisfy the requirements for usage of a USACE General Permit 31 - Activity C. Activity C is for minor widening projects, such as paving and/or widening secondary roads, or interchange improvements, when permanent impacts which result in a loss of waters of the U.S. from installation and/or extension of culverts and/or pipes will be less than or equal to 500 linear feet of stream and/or one acre of wetland/non-tidal open water for each single and complete linear project. We understand that all four quadrants of the interchange act together and therefore the impacts must be cumulative along with any impacts that are close enough to the interchange to be Mailing Address: NC DEPARTMENT OF TRANSPORTATION ENVIRONMENTAL ANALYSIS UNIT 1598 MAIL SERVICE CENTER RALEIGH, NC 27699-1598 Telephone: (919) 707-6000 Fax: (919) 212-5785 Customer Service: 1-877-368-4968 Website: www.ncdot.gov Location: 1000 BIRCH RIDGE DRIVE RALEIGH, NC 27699 influenced by changes to the interchange. We also understand that there are several sites that can be considered as independent from the interchange as well as single and complete projects. The entire project has impacts to streams and wetlands less than 1.0 acre. The impact sites that are considered as part of the interchange or are close enough to the interchange to be influenced by changes are: Sites 2A, 213, 3A, 313, 4, 413, 5A, 5C, 5D, 5E, 6, 7, 8A, 813, and 9. The total amount of permanent stream loss associated with the interchange is 489 linear feet. See Table 1. Table 1. I-5700 Stream Impacts Permit Stream Stream Permanent Bank Temporary USAGE DWR Site* Name/ID' StatusZ Stream Stabilization Stream Required Required Impacts Impacts Miti ation Miti ation 1 UT SIC / P 20 15 2:1 No SL 2A* UT SIC I 26 12 2:1 No /SD 2B* UT SIC / I 40 10 No No SD 53 2:1 No45 3A* SIC P 15 No No 3B* SIC P 15 33 2:1 No 4B* UT BC / P 23 20 No No SF 5A* BC P 10 20 No No 69 2:1 No 5C* BC p 86 53 No No 5D* BC P 14 38 2:1 No 176 2:1 No 5E* BC p 73 20 No No 6* UT BC / 1 10 10 2:1 No SA 7* UT BC / 1 20 24 2:1 No SB 8A* UT BC / P 121 2:1 No SH 9* UT SIC / 1 45 17 No No SE 10A UT BC / P 57 17 2:1 No SJ 11 UT BC / P 45 23 2:1 No SG 11A UT BC / P 28 10 No No SB (I- 5506 12 UT BC / I 40 No No SA (I- 5506 Total Stream Impacts 611 365 377 *Interchange Sites, 'Stirrup Iron Creek (SIC); Brier Creek (BC), Perennial (P) or Intermittent (1) The permit sites that are being considered as far enough removed from the interchange and independent (single and complete) are: Sites 1, 10A, 10B, IOC, 11, 11A, and 12. Only Sites 1, 10A, and 11 are considered to have permanent stream loss of 122 linear feet. See Table 2. Table 2. Permanent Stream Interchange Independent Sites Permit Site Approximate Distance from Interchange (feet) Permanent Stream Impact (linear feet) 1 1200 20 10A 1000 57 11 1300 45 Total Permanent Stream Impact 122 By removing the 122 linear feet of impacts from the overall project total of 611 linear feet and separating these sites from the interchange sites, proposed permanent stream impacts fall under the 500 linear feet threshold for each single and complete project crossing as per Activity C of the General Permit 31. In addition to the stream impacts and to clarify the wetland impacts occurring for this project see Table 3. Table 3. I-5700 Wetland Impacts Permit Site Wetland ID MR NCWAM Classification AL Permanent Fill (ac) Excavation (ac) Mechanized Clearing ac 3B WI Bottomland Hardwood Forest 0.005 4 WD Headwater Forest 0.006 8B WH Bottomland Hardwood Forest 0.300 0.07 10A WN Non -tidal Freshwater Marsh 0.006 10B WK Non -tidal Freshwater Marsh 0.03 Totals b Impact Type 0.300 0.005 0.112 Total Permanent Wetland Impacts 0.417 Avoidance and Minimization The Incomplete Application Notification for I-5700 stipulates that the application did not include a statement explaining how avoidance and minimization for losses of waters of the U.S. were achieved. The Stormwater Management Plan included with the permit drawings provided avoidance and minimization measures. Additionally, Section E. (1) of the Preconstruction Notification also detailed several measures. See below for avoidance and minimization measures from design and construction techniques. Measures taken to avoid or minimize the proposed impacts during design: 1) NCDOT minimized construction footprint and the right-of-way requirements by converting the existing Airport Boulevard interchange to a diverging diamond as opposed to a flyover interchange to minimize impacts. 2) Utilized rock plating from -L- 53+50 to 58+00 left to eliminate stream impacts to Brier Creek and minimize buffer impacts to Buffer Zone 1 up to -Y3-. 3) Utilized shoulder berm gutter to contain runoff from roadway to eliminate it from discharging directly in lake feeding Stirrup Creek at Y- station 25+00 to 34+00 left. It is piped eastward and allowed treatment in proposed and existing ditch work before entering the lake. 4) Alignment is designed to minimize wetland and stream crossing impacts by using 2:1 slopes to reduce structure length and limit wetland impacts, by using grassed swales to the maximum extent practical, and by using open channel design with rip rap on banks only where practical in areas of parallel jurisdictional stream impacts. 5) Outside the limits of the interchange fill slopes have been steepened to 2:1 or 1.5:1 with rock plating to avoid streams. Measures taken to avoid or minimize the proposed impacts through construction techniques: 1) Proposed culvert at Sta. 29+90 -Y3- will be buried 1' and has a 1' sill. Culvert barrel will be back filled with native material to sill height. 2) Channel improvements and bank stabilization will be used at culvert inlets and outlets to help stabilize channels and minimize erosion. 3) Countersunk rip rap pads with armored slopes/banks will be used at pipe outlets to prevent scour holes, erosion, and to protect the existing channel. 4) A filtration basin will provide water quality treatment for a broad spectrum of water quality parameters of concern. Design Standards in Sensitive Watersheds will be implemented. Compensatory Mitigation The Incomplete Application Notification stated that the mitigation proposal is insufficient. NCDOT is proposing the standard mitigation ratio for permanent stream losses and wetland impacts at a 2:1 ratio. Wetland mitigation is being provided by NC Division of Mitigation Services (see attached letter). Stream mitigation is being provided from the Jeffrey's Warehouse Mitigation Site. Jeffrey's Warehouse Mitigation Site ONEID 096-003 The Jeffrey's Warehouse Mitigation Site is located in Wayne County within the USGS hydrologic unit 03020201 of the Neuse River. NCDOT acquired the 93.16 acre site to mitigate for unavoidable, jurisdictional impacts associated with TIP R-1030AA. Monitoring requirements were performed from 2007 to 2011 and the site was closed out in 2012. Table 1 shows the final mitigation quantities approved for the site. The site has been placed on the NCDOT On -site Debit Ledger for use within HUC 03020201. Tables 2-6 indicate all mitigation debits that have occurred per regulatory agency approval. In order to offset unavoidable impacts affiliated with TIP I-5700, the Jeffery's Warehouse Mitigation Site will be debited 611 linear feet of Stream Restoration at a 2:1 ratio. Debits are shown below. Table 1. Mitigation Quantities Approved MiTgaeion Debit Amount StartinAmount �F Notes Yp 3020201 Non Riparian Wetland 16.23 Restoration 3020201 Riparian Wetland 12.36 Preservation 3020201 Riparian Wetland 3.66 Restoration 3020201 IStrearn Restoration F 3731 3020201 IBuffer Restoration 1 316507 Table 2. Mitigation Debits — Non Riparian Wetlands Debit Mitigation Type Status Site TIP Action ID# Notes Amount on Riparian 2.76 Close R-2719A �2008-02460 Restoration Out on Riparian 0.92 Close r-4304 2004-20510 Restoration Out on Riparian 1.96 Close �R-2814A&B 2008-01316 Restoration Out Table 3. Mitigation Debits — Riparian Wetland Preservation Mitigation Type Debit Amount Status JFSite TIP I Action ID# Notes Riparian Wetland 3.05 Close Out R- 2008-01316 Preservation 2814A&B Riparian Wetland 8.61 Close Out 2008-00252 Preservation �R-2554A Table 4. Mitigation Debits — Riparian Wetland Restoration Mitigation Type IDebit Amount Status Site TIP I Action ID# F Notes Riparian Wetland 2.49 Restoration Close Out �R-2814A&B 2008-01316 Riparian Wetland Restoration 0.21 Close Out R-2554A Riparian Wetland Restoration 0.22 Close Out B-4659 �009-01781 2:1 Ratio Riparian Wetland Restoration 0.3 Close Out I-3318BB Proposed Debit. NCDOT was required to mitigate at a 2:1 ratio Table 5. Mitigation Debits — Stream Restoration gation Type Debit Status Site TIP Action ID#M L ]E Amount Stream Restoration 452 Close B-3528 �226ft@2: 2008-00153 226ft@2:1 Out 1 Stream Restoration F61 FCIose U-4011 2005-20914 Stream Restoration -- F25 Close Out U-3344A r-20445 Stream Restoration 279 Close EB-4993 �2011-00602 Out Stream Restoration 174 Close Out �R-3825a 2011-01695 Stream Restoration 20 I-5311/1- Noserii� ut 5338 Stream Restoration 151 1-5506 Debit from the Nose ut permit application Stream Restoration 83 Close Bridge 277 Unable to find Out over Black documentation to Creek on confirm Old stage Rd (SR 1006) Stream Restoration 1222 Close I-5700 611 @ 2:1 Out Table 6. Mitigation Debits — Buffer Restoration Mitigation Debit Type Amount Status Site TIP Action ID#Notes yp rRestoration er P 8648 Close B-4300 2004-20705 Out j Buffer 161453 Close IR-2719A 2008-02460 Restoration Out _ Buffer 3653 Close IB-4304 2004 20510 Restoration Out I I Buffer 16398 Close B-4592 2008-02056 Restoration Out Buffer �— 24458 Close U-4703 2005-20126 Restoration Out Buffer 45558 Close U-3344A 12003-20445 Restoration Out Buffer 11393 Close ;Div. Proj. SR 1340 2010-00420 Restoration Out Buffer 2199 Close '',Div. Proj. SR1204 o action ID due to a non - Restoration Out reporting NWP14 Buffer 3 Restoration We believe the information provided has addressed the USACE concerns stipulated in the Incomplete Application Notification. The Department hereby requests the USACE to process the application as a General Permit 31. Thank you for your assistance with this project. If you have any further questions, please contact Deanna Riffey at driffey ncdot.gov or (919) 707-6151. Sincerely, J.+"/ c '�?' Philip S. Harris III, P.E., C.P.M., Unit Head Environmental Analysis Unit cc: Rob Ridings, NC Division of Water Resources