20191233 Ver 1_2019PCEComments_C-5604 OD_ConsultForm_NCDOTComments_20190913

Summary of comments on Consultation Form
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Page: 1
Type: Text Author: camurray Subject: Sticky Note Date: 8/8/2019, 2:47:56 PM
This activity may now possibly be classified as a FHWA Type I A CE. Please review and determine applicable
action.
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Type: Text Author: camurray Subject: Sticky Note Date: 8/8/2019, 2:35:14 PM
Might possibly need to be revised to Yes pending surveys for proposed/endangered/threatened species.
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Type: Text Author: camurray Subject: Sticky Note Date: 8/13/2019, 11:46:37 AM
Please confirm project does not require 4(f) approval. Consider adding brief information in Section D regarding this
issue. Also, please review in regards to City of Raleigh tract at/near 17+00 Rt on Plan Sheet 5.
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Type: Text Author: camurray Subject: Sticky Note Date: 8/8/2019, 2:34:38 PM
The PCE document signed April 5, 2017 provides in Section D biological conclusions for the following species: Bald
eagle, Michaux's sumac, Dwarf wedgemussel, Red -cockaded woodpecker and Northern long-eared bat. A current
review of these findings presented in the PCE indicates the following: 1. Michaux's sumac conclusion needs to be
updated since habitat was present at site and survey done in September 2014 is outdated (i.e. surveys are only
good for two years); 2. Dwarf wedgemussel conclusion can possibly be revised based on an updated analysis of the
project location in regards to known populations; 3. Red -cockaded woodpecker conclusion needs to be updated
since habitat was present at site and survey done in September 2014 is outdated (i.e. surveys are only good for two
years) and 4. The biological conclusion for Northern long-eared bat for projects in Division 5 has been revised to
May Affect, Likely to Adversely Affect.
The USFWS has updated the list to now also include the following: Cape Fear shiner, Carolina madtom (Proposed
Endangered on May 21, 2019), Neuse River waterdog (Proposed Threatened on May 21, 2019), Atlantic pigtoe
(Proposed Threatened on October 11, 2018), Tar River spinymussel and Yellow lance. The City of Raleigh will
need to consult with an experienced environmental firm to provide updated Biological Conclusions for species listed
in the PCE as addressed above and those species that have been added to the list since completion of the PCE.
Note that a portion of the project specifically along Crabtree Creek (Plan Sheets 4 and 5) is located in the Element
Occurrence for Atlantic pigtoe and Neuse River waterdog. Portions of the project along Richland Creek (Plan
Sheets 6 and 7) and further downstream along Crabtree Creek (Plan Sheets 11 through 15) may provide suitable
habitat for these two species. The City of Raleigh will likely need to engage with an experienced environmental
consulting firm to enter into some type of consultation with the USFWS.
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Type: Text Author: camurray Subject: Sticky Note Date: 8/8/2019, 2:36:58 PM
Revise signature line to Chris Murray, PWS Division Project Engineer for Planning and Environmental Studies
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Type: Text Author: camurray Subject: Sticky Note Date: 8/8/2019, 2:48:49 PM
Revise signature line to Tracy Parrott, PE Division Project Delivery Engineer
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Type: Text Author: camurray Subject: Sticky Note Date: 8/8/2019, 2:37:25 PM
You will need to check one of the boxes.
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Type: Text Author: camurray Subject: Sticky Note Date: 8/8/2019, 2:36:26 PM

Please populate names of individuals that you have consulted with regarding the project.
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Type: Text Author: camurray Subject: Sticky Note Date: 8/12/2019, 4:59:58 PM
Add the following comment:
The City of Raleigh will identify all final construction impacts to the jurisdictional features and then apply for and
obtain environmental permits as necessary from the USACE and NCDEQ-DWR prior to construction. Permit
conditions must be adhered to during the design and construction of the project.
Page: 5
Type: Text Author: camurray Subject: Sticky Note Date: 8/8/2019, 2:41:09 PM
Add the following comment:
The USFWS has developed a programmatic biological opinion (PBO) in conjunction with the Federal Highway
Administration (FHWA), the USACE, and NCDOT for the Northern long-eared bat (NLEB) in eastern North
Carolina. The PBO covers the entire NCDOT program in Division 1-8, including all NCDOT projects and
activities. The programmatic determination for NLEB for the NCDOT program is "May Affect, Likely to
Adversely Affect". The PBO provides incidental take coverage for NLEB and will ensure compliance with
Section 7 of the Endangered Species Act for five years for all NCDOT projects with a federal nexus in Divisions
1-8.
As a project requirement for PBO compliance, after project completion, the construction
contract administrator will submit the actual amount of tree clearing reported in tenths of
acres to the NCDOT Environmental Analysis Unit. This information should be submitted at:
https://connect.ncdot.gov/site/construction/biosurveys/Lists/Northern°/o20Long%20Eared%20Bat/
Allltems.aspx
Questions can be directed to Melissa Miller with the NCDOT Environmental Analysis Unit —Biological
Surveys at [e-mail].

NCDOT NEPA/SEPA Consultation Form
NCDOT STIP Project No.
WBS Element
Federal Aid Project No.
A. Project Description, Location and Purpose:
C-5604 OD
43714.3.8
CMAQ-0520 (57)
The City of Raleigh proposes to construct approximately 1.8 miles of greenway along
Crabtree Creek from Ebenezer Church Road at Umstead State Park to the terminus of the
existing Crabtree Creek greenway on Lindsay Drive in Raleigh, Wake County, NC.
Beginning under the Ebenezer Church Road Bridge and tying into the Turkey Creek trail
within Umstead State Park, the greenway heads east following Crabtree Creek to the
confluence with Richland Creek. The greenway will then follow along Richland Creek then
cross over to tie into the existing multi -use path along Duraleigh Rd. The trail will utilize this
existing multi -use path as it heads north along Duraleigh where the greenway will go
underneath Duraleigh Road and then pick back up following along Crabtree Creek to
Lindsay Drive.
Trail construction will involve clearing and grubbing, grading, asphalt, concrete, erosion
control, retaining walls, signing, striping, bridges and boardwalks. Five bridges will be used
to cross Crabtree and Richland Creeks.
B. Consultation Phase: (Check one)
❑
Right -of -Way
❑
Construction
❑X
Other: Design
C. NEPA/SEPA Class of Action: (Check one)
❑
FHWA TYPE I A CE
❑X
FHWA TYPE I B CE
❑
FHWA TYPE II A CE
❑
FHWA TYPE II B CE
❑
FHWA TYPE III CE
❑
FHWA EA/FONSI
❑
FHWA EIS/ROD
❑
SEPA MCDC
❑
SEPA EA/FONSI
PCE approved April 2017
1 Updated 4/25/17

❑ SEPA EIS/ROD Date(s)
❑ Other: Date(s)
Additional Notes: Notes
D. Changes in Proposed Action & Environmental Consequences:
No modifications proposed since PCE was signed in May of 2017.
E. Conclusion:
The above NEPA/SEPA documentation has been reevaluated (as required by either 23
CFR 771 or by NC General Statute Chapter 113A Article 1). The current proposed action
is essentially the same as the original proposed action. Proposed changes, if any, are
noted below. It has been determined that anticipated social, economic, and environmental
impacts were accurately described in the above referenced document(s) unless noted
otherwise herein. Therefore, the original Administration Action remains valid.
F. FHWA Appendix C Criteria:
If any of questions 1-7 below are marked "yes" then please review NCDOT and/or FHWA
Yes
No
procedures prior to approval.
1
Does the project require formal consultation with U.S. Fish and Wildlife
❑
0
Service (USFWS) or National Marine Fisheries Service (NMFS)?
2
Does the project result in impacts subject to the conditions of the Bald and
❑
0
Golden Eagle Protection Act (BGPA)?
3
Does the project generate substantial controversy or public opposition, for any
❑
0
reason, following appropriate public involvement?
4
Does the project cause disproportionately high and adverse impacts relative to
❑
0
low-income and/or minority populations?
5
Does the project involve a residential or commercial displacement, or a
❑
substantial amount of right of way acquisition?
6
Does the project require an Individual Section 4(f) approval?
❑
0
Does the project include adverse effects that cannot be resolved with a
7
Memorandum of Agreement (MOA) under Section 106 of the National Historic
❑
Preservation Act (NHPA) or have an adverse effect on a National Historic
Landmark (NHL)?
2 Updated 4/25/17

G. Coordination
NCDOT personnel have discussed the current project parameters with qualified NCDOT
representatives. The Project Manager (Ed Lynch) hereby verifies the involvement of the
following staff and the incorporation of their technical input:
Design Engineer:
FHWA Engineer:
Environmental Specialist:
Other:
H. Consultation ADDroval for NCDOT TIP Proiect C-5604 OD
Prepared By:
July 19 ,2019 Z��d �
Date Ed Lynch, AICP
Stewart, Inc.
Prepared For:
NCDOT, Division or Unit name
Reviewed By:
Date(s)
Date(s)
Date(s)
Date(s)
Date Name, Title
Organization
In adherence with 23 CFR 771 (NEPA) or NC General
Approved Statute Chapter 113A Article 1 (SEPA), NCDOT approves
this Consultation.
or
Certified If any of the threshold questions (1 through 7) of Section F
are answered "yes," NCDOT certifies this Consultation.
Date Name, Division Engineer — or — Unit Head
North Carolina Department of Transportation
FHWA Approved: FHWA signature required for Projects where an additional threshold
has been exceeded or for any Type III CE, FONSI or ROD.
3 Updated 4/25/17

Date John F. Sullivan, III, PE, Division Administrator
Federal Highway Administration
Updated 4/25/17

I. Project Commitments
Wake County
Project Name: Crabtree Creek Greenway (West)
Federal Project No.CMAQ-0520 (57)
WBS No. 43714.3.8
TIP No. C-5604 OD
City of Raleigh
• The City shall monitor all stormwater control measures of weekly basis
and after storm events.
• Protective safety fencing shall be installed adjacent to environmentally
sensitive areas