20021105 Ver 1_Memorandum of Understanding_20020816

Michael F Easley Governor
t �
William G Ross Jr Secretary
North Carolina Department of Environment and Natural Resources
SEP G 5 2002 i Alan W Klimek P E Director
�te
The plan proposed a meander length to bankfull width radius of curvature and meander width ratio of 19
0 50 and 13 respectively for the new stream We have found streams with the proposed dimensions to be
unstable In addition the reference reach indicated meander length to bankfull width radius of curvature and
meander width ratio of 4 8 1 1 and 16 respectively Both streams had identical drainage areas (1 5 square
miles) As such the width depth and width depth ratio should be very similar between the two streams After
locating a new reference reach and having approved by the NC Division of Water Quality please compare the
data for the reference and the proposed new stream to design standards for similarly classified streams to ensure
consistency
The plan as proposed does not present any information for the proposed stream pools Design and construction
of a stable must include appropriate pool slopes and spacing After locating a new reference reach and having
approved by the NC Division of Water Quality please use the appropriate geomorphological data to design the
new stream and compare the design of the new stream to known design standards for similarly classified
streams
The proposed sediment transport calculations and the proposed critical sheer stress appear to be incorrect The
output presented from the HEC RAS model indicates a critical shear stress for the proposed stream of
approximately 0 2621bs /ft2 Using the equation SS= (W)(R)(S) where SS equal shear stress W equals water of
water R equals hydraulic radius and S equal channel slope a critical shear stress of 0 141bs /ft2 was calculated
Given the proposed width depth ratio of 52 4 coupled with a critical shear stress of 0 141bs 1fe we do not
believe that the proposed stream with allow for the appropriate sediment transport processes After locating and
new reference reach and incorporating the proposed design changes please reassess the sediment transport
capacity of the proposed new stream and submit with your new design plans
Please include with future design plans and vegetative planting plan for the stream buffers The plan should
include planting plan that 1) provides for a minimum 50 foot buffer as measured perpendicular to the stream 2)
includes a minimum of at least two native hardwood species planted at a density sufficient to provide 320 trees
per acre at maturity 3) a grading plan that shows diffuse flow through the riparian buffer 4) a fertilization plan
and 5) an implementation schedule
Therefore pursuant to 15A NCAC 2H 0507(a)(5) we will have to place the permit application on hold until we are
supplied the necessary information Furthermore until the information is received by the NC Division of Water
Quality we request (by copy of this letter) that the US Army Corps of Engineers place the permit application on
hold
Hopefully we can work together to expedite the processing of your permit application If you have any questions or
require additional information please contact John Hennessy at 919 733 5694
j1 ince
r ly
2�
Klimek P E
ct r
cc DWQ Wilmington Regional Office
US Army Corps of Engineers Wilmington Field Office
File Copy
C \ncdot \TIP U 3110 \correspondence \021105hld doc
N C Division of Water Quality 1650 Mad Service Center Raleigh NC 27699 1650 [phone]
Customer Service 1 800 623 7748

ofr W ATE - �`�
Michael F Easley Governor
O 9 William G Ross Jr Secretary
O� OG North Carolina Department of Environment and Natural Resources
\
C/) 7 Alan W Klimek P E Director
Division of Water Quality
MEMORANDUM
August 16 2002
TO L Diane Long 404 Coordinator NCDENR
FROM Jennifer Serafin Frye WSRO DWQ 111,
THROUGH Steve Maune) Acting Regional Supervisor WSRO DWQ
SUBJECT 404 Project Review
Action ID # 200221216
Action ID #199700602
As you are probably already aware the Division of Water Quality s Section 401/Wetlands
Program operates in conjunction with the USACE s Section 404 Program Once the DWQ s
401/Wetlands Unit — Central Office (John Dorney supervisor) receives seven copies of the
Individual Permit application the appropriate processing fee plus the Public Notice directly
from the USACE our 60 day review for 401 Water Quality Certification begins Typically the
Central Office forwards a copy of the application package and Public Notice to the Regional
Office (me) for review and comment as it relates to the approval or dental of the Section 401 WQ
Individual Certification As such I feel that in order for this Office to provide appropriate and
constructiN e comments for these projects we will wait until we receive the complete application
from the Central Office
In addition your cover Memoranda for these Project Reviews is addressed to WSRO not a
specific Division within the Department If these Reviews need to be routed to all Divisions in
the WSRO please let us know We would be happy to ensure that all (or specific) WSRO s
Divisions have a chance to comment on these Projects
If you have any question regarding this matter please contact me at 336 771 4600 ext 275
"4W KV
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L.DENt
N C Division of Water Quality/Water Quality Section 585 Waughtown Street Winston Salem NC 27107 [phone] Customer Service
1 800 623 7748

IM r-ae1 ` :-I CV ei nCi
TO
CDENR
N Ca ulna Depar-,rert of Cnvironmer t Ord Neural P,escurces
DATE
i
FROM L DIANE LONG 404 COORDINATOR
SUBJECT 404'' PROJECT REVIEW
��/ illam C =',os, Jr Secretar/
The attached US Army Corps of Engineers Public Notice Tor Action
No `; t % u Datea �lr-�� z describing a proposed project by the
(_ t is being circulated to interested state
agencies for comments on applicable Section 40a and /or Section 10 permiTS
Please indicate below your agencys position or viewpoint on the proposed project
and return this form bye //_ If you have an questions regarding The
proposed projecT please contacT me QT 919/ 715 -4195 When anpronrin-Te in -depTh
commenTS with supoo ^ting data is requested
REPLY
Tnls orrice sutoporTS The projecT pronosel V
No Comment
Comments on this project are attached
'j, - - LI I
J t S le-
- -)n�i 0 +ice
This office objects to the project as proposed
Sign Date
C I - I �c , c - - - - r CI n Car,-,1 ra 27--_ Joe,
IG %JJ 138- rAn ' 1y 3uoC Inle "1- MJW enr siate nc us
- :D

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DEPARTMENT OF THE ARMY
Wilmington District Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of Neuse Road Suite 120
Raleigh North Carolina 27615 6814
(Web page http //www saw usace army rrnl /wetlands /regtour htm)
Action ID 199700602
PUBLIC NOTICE
July 30 2002
rr'r ,,
C 0ek1 Of L#VR
AUG 0 6 2002
Winston sale►
Regional office
The NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF
HIGHWAYS 1548 Mail Service Center Raleigh North Carolina 27699 1548 has applied for a
DEPARTMENT OF THE ARMY (DA) PERMIT pursuant to SECTION 404 OF THE CLEAN
WATER ACT, to authorize the proposed discharge of dredged and fill material IMPACTING
0 8 ACRE OF WETLANDS AND 790 LINEAR FEET OF STREAM for construction of the
COOK ROAD (SR 1311) CONNECTORS AND WIDENING (T I P No U 3110) crossing an
UNNAMED TRIBUTARY TO BACK CREEK and adjacent wetlands from US 70 to north of
NC 100 in ELON ALAMANCE COUNTY NORTH CAROLINA
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 impacting 0 8 acre of wetlands
and 790 linear feet of stream for Section A of the project These impacts are necessary for the
construction of the Cook Road (SR 1311) connectors and widening (T I P No U 3110)
including relocation of a sewerlme Section B does not have any discharges into waters of the
United States The proposed project which is part of the Western Alamance Loop will extend
from the St Marks Church relocation project (TIP No U 2905) which is currently under
construction at its southern end at US 70 to north of NC 100 to connect with the recently
completed Elon Bypass (TIP No U 2406) at the northern end The highway will begin on new
location at US 70 connecting with existing Cook Road (SR 1311) at Westbrook Avenue (SR
1309) and going back to new location to remove a curve south of NC 100
The project will involve fill impacts to stream channels (790 linear feet) at two locations
A bridge and a two barrel box culvert will be used to allow for adequate hydrological flow
underneath the roadway The proposed construction will also impact 0 8 acre of vegetated
wetlands by filling bedding and backfill for the sewerlme relocation and mechanized clearing at
the two sites The impacted wetlands consist of a hardwood forest seep and a drained beaver
impoundment

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2
NCDOT will relocate 797 linear feet of the tributary near the bridge crossing using natural
stream design which they propose for mitigation for the 790 linear feet of important stream
impacts NCDOT is proposing payment to the North Carolina Wetland Restoration Program to
provide compensatory mitigation for the wetland impacts from this project
The purpose of the work is to improve traffic conditions on existing roads in the project
area and to complete a link in the Western Alamance Loop The applicant has incorporated
measures to avoid and minimize wetland and stream impacts, including shifting the alignment
increasing vegetated treatment of stormwater bridging some stream and wetlands providing for
diffuse storm drainage using turf reinforcement mats rather than nprap for erosion protection in
stormwater drains eliminating bridge deck drains into the stream minimizing sediment and
erosion control measures in wetlands incorporating buffers for stormwater treatment upstream of
the stream and use of 2 1 fill slopes in wetlands
Plans showing the proposed construction are included with this public notice Additional
detailed plans may be reviewed at the U S Army Corps of Engineers Regulatory Field Office at
6508 Falls of Neuse Road Suite 120 Raleigh North Carolina 27615 6846 or at the offices of
the North Carolina Division of Water Quality at the address shown below
The State of North Carolina will review this public notice to determine the need for the
applicant to obtain any required State authorization No Department of the Army permit will be
issued until the coordinated State viewpoint on the proposal has been received and reviewed by
this agency nor will a Department of the Army permit be issued until the North Carolina
Division of Water Quality has determined the applicability of a Water Quality Certificate as
required by PL 92 -500
This application is being considered pursuant to Section 404(b) of the Clean Water Act (33
U S C 1344) Any person may request in writing within the comment period specified in the
notice that a public hearing be held to consider this application Requests for public hearing
shall state with particularity the reasons for holding a public hearing
The District Engineer has consulted the latest published version of the National Register of
Historic Places for the presence or absence of registered properties or properties listed as being
eligible for inclusion therein and the project does not impact any registered property or property
listed as being eligible for inclusion in the Register Consultation of the National Register
constitutes the extent of cultural resource investigations by the District Engineer NCDOT has
conducted surveys for architectural resources and has coordinated with the North Carolina State
Historic Preservation Officer (SHPO) regarding architectural and archaeological resources
SHPO has concurred that the project will not have any effect on architectural or archaeological

1�
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I resource properties eligible for inclusion in the Register The District Engineer is otherwise
unaware of the presence of such resources Presently unknown archeological, scientific
prehistoric or historical data may be lost or destroyed by work under the requested permit
The District Engineer is not aware based on available information that the activity will
affect species or their critical habitat designated as endangered or threatened pursuant to the
Endangered Species Act of 1973
The decision whether to issue a permit will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity and its intended use on the public
interest Evaluation of the probable impacts which the proposed activity may have on the public
interest requires a careful weighing of all those factors which become relevant in each particular
case The benefits which reasonably may be expected to accrue from the proposal must be
balanced against its reasonably foreseeable detriments The decision whether to authorize a
proposal and if so the conditions under which it will be allowed to occur are therefore
determined by the outcome of the general balancing process That decision should reflect the
national concern for both protection and utilization of important resources All factors which
may be relevant to the proposal must be considered including the cumulative effects thereof
Among those are conservation economics aesthetics general environmental concerns wetlands
cultural values fish and wildlife values flood hazards flood plain values land use navigation
shore 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 placement of
dredged or fill materials in waters of the United States a permit will be denied if the discharge
that would be authorized by such permit would not comply with the Environmental Protection
Agency s 404(b)(1) guidelines Subject to the preceding sentence and any other applicable
guidelines or criteria a permit will be granted unless the District Engineer determines that it
would be contrary to the public interest
The Corps of Engineers is soliciting comments from the public Federal State, and local
agencies and officials 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 preparation of an Environmental Assessment and/or
Environmental Impact Statement pursuant to the National Environmental Policy Act Comments
are also used to determine the need for a public hearing and to determine the overall public
interest of the proposed activity

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Generally the decision whether to issue this DA permit will not be made until the North
Carolina Division of Water Quality ( NCDWQ) issues denies or waives State certification
required by Section 401 of the Clean Water Act The NCDWQ considers whether or not the
proposed activity will comply with Sections 301 302 306 and 307 of the Clean Water Act The
application and this public notice for the DA permit serves as application to the NCDWQ for
certification
Additional information regarding the Clean Water Act certification may be reviewed at the
offices of the Wetlands /401 Unit, North Carolina DENR Division of Water Quality 2321
Crabtree Boulevard Raleigh, North Carolina Copies of such materials will be furnished to any
person requesting copies upon payment of reproduction costs
All persons desiring to make comments regarding the application for Clean Water Act
certification should do so in writing delivered to the North Carolina Department of Environment
and Natural Resources Division of Water Quality 1650 Mail Service Center Raleigh NC
27699 1650 on or before August 23 2002 Attention Mr John Dorney
Written comments pertinent to the proposed work as outlined above will be received in
this office Attention Eric Alsmeyer until 4 15 p in August 30 2002 or telephone 919 876
8441 extension 23

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NORTH CAROLINA
NCDOT
DIVISION OF HIGIHWAYS
�( y � � � � � � � �iL.�M.�NCE COUNTY
�Y PROJECT 82472001 (U- 3110A &B)
COOK ROAD UPGRADE AND
MAPS EXTENSION FROM US 70 TO
NORTH OF WEST BROOK AV
SHEET I OF 9 3/1/02
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NCDOT
DIVISION OF HIGIHWAYS
�( y � � � � � � � �iL.�M.�NCE COUNTY
�Y PROJECT 82472001 (U- 3110A &B)
COOK ROAD UPGRADE AND
MAPS EXTENSION FROM US 70 TO
NORTH OF WEST BROOK AV
SHEET I OF 9 3/1/02

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NCDOT
DIVISION OF HIGHWAYS
ALAMANCE COUN'T'Y
PROJECT 82472001 (U- 311OA &B)
COOK ROAD UPGRADE AND
EXTENSION FROM US 70 TO
NORTH OF WEST BROOK AV
SHEET 5. OF 9 5/3/02

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PROPERTY OWNERS
N ,kMES AND ADDRESSES
PARCEL NO NAMES ADDRESSES
LUTHERAN RETIREMENT
MINISTRIES
2 BURLINGTON BUILDERS INC
Dr GEORGE E KOURY & WIFE
3 MARVELLA V KOURY
100 Wade Cable Dr
Burlington N C 27215
113 Runningbrook Dr
Elon NC 27244
1406 White Oak Rd
Chapel Hill NC 27516
NCD(OT
DIVISION OF HIGHWAYS
ALAMANCE COUNTY
PROJECT 82472001 (U-3II0A&B)
COOK ROAD UPCRADE AND
EXTENSION rROM US 70 'PO
NOR'I P OF WEST BROOK AV
SPEET 7 OF 3 511/02

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