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HomeMy WebLinkAbout20100789 Ver 1_401 Application_20100910W_-WALW September 20, 2010 North Carolina Division of Water Quality 401 Oversight and Express Permitting Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Re: 401 Water Quality Certification Request Horsepen Creek Bank Stabilization Guilford County, North Carolina To Whom It May Concern: 2 0 1 00 78 9 kf;3 WJ 19 sFP z i 200 DENR - WATER QUALITY WETLANDS AND STORMATER BRMCH HDR Engineering, Inc. of the Carolinas (HDR), on behalf of our client, Guilford County (the County), is requesting a 401 Water Quality Certification and Buffer Rule authorization for the proposed bank stabilization project (Agent Authorization Form, attached). Photographs 1 through 4 provide representation of the existing conditions at the site. The County desires to conduct stream bank stabilization along a portion of Horsepen Creek, near Shaker Drive in Greensboro, North Carolina (Figure 1). Approximately 292 bank feet of gabion wall and 26 bank feet of rip rap will be placed along the western (left) bank, to alleviate significant bank erosion occurring at that location. A gravel greenway trail (constructed in the mid-1990s) and modular wall are located along the western bank, and when combined with the site's steep topography limit the bank stabilization techniques that may be employed at this site. Proximity of the top of bank to the trail in some locations is less than 2 feet, providing a safety hazard for the public. Guilford County plans to issue a construction contract that will re-establish, as close as possible, the top of bank in the area that is severely eroded through the construction of a gabion wall system. The design of the gabion wall is set to provide approximately 4 feet from the edge of the trail to the wall face. Use of a gabion wall system will minimize the use of heavy equipment. All excavation equipment will be located along the top of bank. Gabion baskets were also chosen to expedite the stabilization construction and minimize time working in the stream. Excavated soil will be removed from the stream bank, placed in trucks and removed from the site. The project is located within the Jordan Reservoir watershed and must comply with the Jordan Water Supply Nutrient Strategy: Protection of Existing Riparian Buffers (Rule 15A NCAC 02B .0267). Disturbance of the riparian buffer for the protection of existing structures, facilities and stream banks is an "Allowable" use of streamside buffer within the Jordan Water Supply buffer regulations. The County, in conjunction with the City of Greensboro(the project co-sponsor), agree that the proposed 440 S Church Street Phone: (704) 338-6700 NDR Engineering, Inc. of the Carolinas Suite 1000 Fax: (704) 338-6760 Charlotte, NC 28202-1919 www.hdrinc.com bank stabilization is a necessary action at this site. Approximately 2,427 square feet of Zone 1 riparian buffer will be permanently disturbed as a result of the proposed project (Figure 4). The existing buffer between the stream and the greenway trail within the project area varies from 2 to 10 feet in width. All construction activities and related disturbance to the riparian buffer will occur within this area. The area between the trail and the gabion walls will be permanently seeded with a native herbaceous seed mix (see Site Plan for mix). Impacts to jurisdictional waters will be conducted under the U.S. Army Corps of Engineers (USAGE) Nationwide Permit 13. The proposed design will impact less than 500 bank feet with no impacts to jurisdictional wetlands. In addition, the construction will not exceed an average of one cubic yard per running foot placed along the bank below the plane of the ordinary high water mark. HDR reviewed the National Register of Historic Places (NRHP) GIS database and found that no known historical structures or historic districts are located within the proposed project area. Correspondence dated August 16, 2010, was sent to State Historic Preservation Office (SHPO) requesting information on any cultural resources that may be impacted by the proposed construction. No response has been received at this time. HDR reviewed the U.S. Fish and Wildlife Service (USFWS) protected species list and consulted the North Carolina Natural Heritage Program (NCNHP) Element Occurrence database and GIS layer for Guilford County. According to the NCNHP database, a bald eagle was observed approximately 2.5 miles northeast of the proposed project area near Lake Brandt in 2001. The proposed project is not expected to impact any federally protected species or Critical Habitat. HDR requested comment from the U.S. Fish and Wildlife Service (USFWS) regarding these findings in correspondence dated August 16, 2010. Correspondence was received from USFWS (dated August 31, 2010) indicating that the proposed activities will not affect any federally protected species. A copy of the concurrence letter is enclosed. We are hereby requesting written authorization to construct this project under a 401 Water Quality Certification Number 3689. Enclosed herein are: ? Agent Authorization Form ? Pre-Construction Notification (PCN) Form ? Project Location (Figure 1) ? USGS Summerfield Quadrangle (Figure 2) ? NRCS Soils (Figure 3) ? Aerial Photograph (Figure 4) ? Site Plan, Sections and Details Representative Photographs ? USFWS concurrence letter HDR Engineering. Inc. of the Carolinas Thank you in advance for your assistance. If you have any questions or require additional information after your review of the enclosed information, please contact me at (704) 973-6878. Respectfully, Eric Mularski Environmental Scientist Cc. Mr. Andy Williams, U.S. Army Corps of Engineers Mr. Roger Bardsley, Guilford County Parks and Open Space Mr. Ronald Geiger, HDR Project Manager Ms. Andrea Hughes Cook, HDR Senior Environmental Scientist HDR Engineering, Inc. of the Carolinas AGENT AUTHORIZATION FORM I, Roger Bardsley, representing Guilford County, hereby certify that I have authorized Eric Mularski, representing HDR Engineering, Inc. of the Carolinas, to act on my behalf and take all actions necessary to the processing and issuance of the Section 404 Nationwide Permit and Section 401 Water Quality Certification, including all standard and special conditions attached, associated with the Horsepen Creek Bank Stabilization Project located in the City of Greensboro in Guilford County, North Carolina. We hereby certify that the information submitted in this application is true and accurate to the best of our knowledge. /1?0 '-Ic'- Applicant's Name plicant's Signature ?X2 1-3) 2a?a Da HDR Engineering, Inc. olthe Carolinas Eric Mularski Agent's Name ?X.A d., ' , LL?? Agent's Signature Skk? as ?s Date 440 S Church Street Suite 1000 Charlotte, NC 28202-1919 Phone: 004?338-6706 Fax: 17041338-6760 www.hdrinc.com 2 0 1 00 7 8 9 O??Q'Fy?W ATf?, O Nisi Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification PCN Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: El Section 404 Permit ? Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 13 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ? Yes ® No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ® Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ? Yes ® No For the record only for Corps Permit: ® Yes ? No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. ? Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ? Yes N No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No 2. Project Information 2a. Name of project: Horsepen Creek Bank Stabilization t, r 2b. County: Guilford D 2c. Nearest municipality / town: Greensboro 2d. Subdivision name: Quaker Run SEP 2. 1 2010 2e. NCDOT only, T.I.P. or state project no: DEW .WATSOUAUTY MMIDS Am STOMATER BIRMICH 3. Owner Information 3a. Name(s) on Recorded Deed: The City of Greensboro 3b. Deed Book and Page No. 92-92 Quaker Run 3c. Responsible Party (for LLC if applicable): 3d. Street address: P.O. Box 3136 3e. City, state, zip: Greensboro, NC 27402-3136 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 11 PCN Form - Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent ® Other, specify: Guilford County 4b. Name: Guilford County, Parks and Open Space Dept. 4c. Business name (if applicable): POC: Roger Bardsley 4d. Street address: PO Box 3427 4e. City, state, zip: Greensboro, NC 27402 4f. Telephone no.: 336-641-3544 4g. Fax no.: 4h. Email address: rbardsl@co.guilford.nc.us 5. Agent/Consultant Information (if applicable) 5a. Name: Eric Mularski 5b. Business name (if applicable): HDR Engineering, Inc. of the Carolinas 5c. Street address: 440 South Church Street, Suite 1000 5d. City, state, zip: Charlotte, NC 28202-191 5e. Telephone no.: 704-973-6878 5f. Fax no.: 704-338-6760 5g. Email address: eric.mularski@hdrinc.com Page 2 of 11 PCN Form - Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): portion of 7836955857 (tax PIN) 0096949 (parcel ID) 1 b. Site coordinates (in decimal degrees): Latitude: 36.127 Longitude: - 79.881 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: NA acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Horsepen Creek proposed project: 2b. Water Quality Classification of nearest receiving water: WS-III;NSW 2c. River basin: Cape Fear (DWQ Sub-Basin 03-06-02) 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: According to land cover and use classifications adopted by North Carolina, the project property and surrounding properties are classified as mixed upland hardwoods and managed herbacous cover. 3b. List the total estimated acreage of all existing wetlands on the property: None 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: According to the USGS Summerfield quadrangle, approximately 1,650 linear feet of Horsepen Creek and approximately 470 linear of an unnamed tributary to Horsepen Creek are located on the parcel containing the proposed project. 3d. Explain the purpose of the proposed project: The proposed project will provide for public safety, prevent erosion, and protect the existing stream bed, greenway trail, and modular wall. 3e. Describe the overall project in detail, including the type of equipment to be used: Improvements to the stream bank along Horsepen Creek will focus on stabilizing the bank from further erosion and loss of bank, which will protect an existing greenway trail that is located along the existing stream bank. Proximity of the top of bank to the trail in some locations is less than 2 feet, providing an unsafe area for the public in using the greenway trail. Guilford County plans to issue a construction contract that will re-establish, as close as possible, the top of bank in the area that is severely eroded through the construction of a gabion wall system. The design of the gabion wall is set to provide approximately 4 feet from the edge of the trail to the wall face. One step in the wall face of 12 inches minimizes the encroachment into the stream channel. Use of a gabion wall system will minimize the use of heavy equipment and will have all excavation equipment located along the top of bank. Gabion baskets are chosen also due to the ability to expedite installation while working in the stream. Excavated soil will be removed from the stream bank, and placed in trucks to be removed from the site. The first row of gabion baskets will be placed along the entire length of the wall system to allow work in the stream bed to be expedited. The remaining baskets will be placed above the normal water level. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ? Yes ? No ®Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type ? Preliminary ? Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Page 3 of 11 PCN Form - Version 1.3 December 10, 2008 Version 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ? Yes ® No ? Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ? Yes ® No 6b. If yes, explain. Page 4 of 11 PCN Form - Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ? Wetlands ® Streams - tributaries ® Buffers ? Open Waters ? Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non-404, other) (acres) Temporary T W1 ? P ? T ? Yes ? Corps ? No ? DWQ W2 ? P ? T ? Yes ? Corps ? No ? DWQ W3 ? P ? T ? Yes ? Corps ? No ? DWQ W4 ? P ? T ? Yes ? Corps ? No ? DWQ W5 ? P ? T ? Yes ? Corps ? No ? DWQ W6 ? P ? T ? Yes ? Corps ? No ? DWQ 2g. Total wetland impacts NA 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ - non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ®P ? T Stabilization / gabion Horsepen Creek ® PER ® Corps 292 wall ? INT ? DWQ S2 ®P ? T Stabilization / rip rap Horsepen Creek ® PER ? INT ® Corps ? DWQ 26 S3 ? P ? T ? PER ? Corps ? INT ? DWQ S4 ? P ? T ? PER ? Corps ? INT ? DWQ S5 ? P ? T ? PER ? Corps ? INT ? DWQ S6 ? P ? T ? PER ? Corps ? INT ? DWQ 3h. Total stream and tributary impacts 318 3i. Comments: Page 5 of 11 PCN Form - Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number - Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 ?P?T 02 ?P?T 03 ?P?T 04 ?P?T 4f. Total open water impacts NA 4g. Comments: 5. Pond or Lake Construction If and or lake construction proposed, then complete the chart below. 5a. Pond ID 5b. Proposed use or purpose of 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) number pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ? Yes ? No if yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: Page 6 of 11 PCN Form - Version 1.3 December 10, 2008 Version 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If an impacts require mitigation, then you MUST fill out Section D of this form. 6a. ? Neuse ? Tar-Pamlico ® Other: Jordan Project is in which protected basin? ? Catawba ? Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number - Reason for Buffer Zone 1 impact Zone 2 impact Permanent (P) impact Stream name mitigation (square feet) (square feet) or Temporary required? T B1 ®P ? T stabibank lization Horsepen Creek ® Nos 2,427 B2 ? P ? T ? Yes ? No B3 ?P?T ?Yes ? No 6h. Total buffer impacts 2,427 6i. Comments: The bank of Horsepen Creek will be stabilized with a gabion wall and rip rap aprons on either end of the wall. D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The design has minimized the amount of gabion wall to be installed to the amount necessary to alleviate the significant erosion occuring and protect the existing greenway trail. The wall face of 12 inches minimizes the encroachment into the stream channel. Use of a gabion wall system will minimize the use of heavy equipment. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. All excavation equipment will be located along the top of bank. Gabion baskets were chosen due to the ability to expedite installation and minimize time spent working in the stream. Excavated soil will be removed from the stream bank and placed in trucks to be removed from the site. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ? Yes ® No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps ? Mitigation bank 2c. If yes, which mitigation option will be used for this project? ? Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity Page 7 of 11 PCN Form -Version 1.3 December 10, 2008 Version 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ? Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 8 of 11 PCN Form - Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ? No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ? Yes No Comments: No built-upon area involved. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? NA % 2b. Does this project require a Stormwater Management Plan? ? Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: No built-upon area involved. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, na rrative description of the plan: ? Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program ? DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Guilford County ? Phase II 3b. Which of the following locally-implemented stormwater management programs ? NSW ? USMP apply (check all that apply): ? Water Supply Watershed ® Other: NA 3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ® No attached? 4. DWQ Stormwater Program Review ? Coastal counties ? HQW 4a. Which of the following state-implemented stormwater management programs apply ? ORW (check all that apply): ? Session Law 2006-246 ® Other: NA 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ? Yes ? No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No 5b. Have all of the 401 Unit submittal requirements been met? ® Yes ? No Page 9 of 11 PCN Form - Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ? Yes ® No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ? Yes ? No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ? Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. The proposed project will not generate any wastewater. Page 10 of 11 PCN Form - Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ? Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ? No impacts? Raleigh ® 5c. If yes, indicate the USFWS Field Office you have contacted. ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS - North Carolina's Threatened and Endangered Species counties list http://www.fws.gov/nc-es/es/es.html North Carolina Natural Heritage Program (NCNHP) GIS coverage and database search 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA Fisheries Essential Fish Habitat GIS coverage 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ? Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? State Historic Preservation Office (SHPO) National Register listed properties GIS coverage and database search. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ® Yes ? No 8b. If yes, explain how project meets FEMA requirements: Designed for No-Rise. 8c. What source(s) did you use to make the floodplain determination? FEMA Flood Insurance Study. Eric Mularski 9/20/2010 Applicant/Agent's Printed Name Applicant/Agents Ignature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 11 of 11 PCN Form -Version 1.3 December 10, 2008 Version I LAX ? Figure 1 ONE COMPANY I Many Solutions Guilford County Horsepen Creek Bank Stabilization I Request for Section 401 Water Quality Certification `? ' ? 1. / J , / ? J'} .%1'^ I l ?. .U`/•, ? \.?_f ./ ? ?\-'4 J tL - . 'j f ?• y 1 r / l' ?? ? ?'.Jt?: ?-?' l WIf/ '..t '• ? fit` I I ? -1I r? ?,.. `• c + t B3CT li ' - ' ?.?r.t •J,t.I? t,r ii4a ` ?nF.•{ TaIli ti'/," ?? .•? ,? 1 / t y -'1? 11?`C- f: e? .?j ? y._?-. T'?` - i 1 ' 1??.' ' J ? r?! Y /i ? ' 1 tl i' r<<?` 'I+1 * ???rt ' , • ti ? , r ?( . ., ; = ? /? i 1 inch = 2,000 feet Feet d ° t r' 0 1,000 2,000 4,000 T T1? USGS Summerfield Duadrannlp - v - Figure 2 ONE COMPANY IMany Solutions Guilford County I Horsepen Creek Bank Stabilization I Request for Section 401 Water Quality Certification Project Soils - ` CeC2 - Cecil sandy clay loam, 6 to 10% Ch - Chewacla sandy loam MaE - Madison sandy loam, 15 to 35% McE2 - Madison clay loam, 15 to 15% Mhl32 - Mecklenburg sandy clay loam, 2 to 6% J 1 I '].I. ?y 4 T? -? NRCS Soils Figure 3 ONE COMPANY I Many Solutions Guilford County Horsepen Creek Bank Stabilization I Request for Section 401 Water Quality Certification 4W' ? r +t N 'Jill, o' 0 * y ? / z 4 Legend ?.r ', Proposed Gabion Wall Feet ' 0 25 50 100 w ; #- 41 • Proposed Buffer Impacts Aerial Photograph 1U R Figure 4 ONE COMPANY I Many Solutions Guilford County I Horsepen Creek Bank Stabilization I Request for Section 401 Water Quality Certification " irar? ,yam .- t K ?? ;sue. ,^''y ,,,` * i i. Arm N ' VIA- !r Photograph 1 - Horsepen Creek, left bank Greenway trail, . rby Y ` t . T\ i s4 y .:?' 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T F United States Department of the Interior s? fi 96 o FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 M9 H 3 Raleigh, North Carolina 27636-3726 August 31, 2010 Eric Mularski HDR Engineering, Inc. of the Carolinas 440 S Church Street, Suite 1000 Charlotte, NC 28202-1919 Re: Horse-en Cr`?e- B..,1: ct2:;IlI? . iG.1- Gui brd i.Jli.i?j, Dear Mr. Mularski: This letter is to inform you that a list of all federally-protected endangered and threatened species with known occurrences in North Carolina is now available on the U.S. Fish and Wildlife Service's (Service) web page at http://www.fws.gov/raleigh. Therefore, if you have projects that occur within the Raleigh Field Office's area of responsibility. (see.attached county list), you no longer need to contact the Raleigh Field Office for. a.list.of,federally-protected species.. Our web page contains a complete-and frequently updated list of all endangered and threatened species protected by the provisions of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.)(Act), and a list of federal species of concern' that are known to occur in each county in North Carolina. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized; funded, or carried but by such agencies is not likely to jeopardize the continued existence of any federally-listed endangered or, threatened species. A biological assessment or evaluation may be prepared to Liitill that rcquinti'rierit and in. deitiiniitilm vvli tho3 additional i.Z7n5tiitQtiv: GVi`l i ti:8. Service is necessary. In addition to the federally-protected species list, `information on the species' life histories and habitats and information on completing a biological assessment or evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site. often for updated information or changes. The term "federal species of concern" refers to those species which the Service believes might be in need of concentrated conservation actions. Federal species of concern receive no legal protection and their designation does not necessarily imply that the species will.eventually be proposed for listing as a federally endangered or threatened species. However, we recommend that all practicable measures be taken to avoid or minimize adverse impacts to federal species of concern. If your project contains suitable habitat for any of the federally-listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally-protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Enviropmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. With regard to the above-referenced project, we offer the following remarks. Our comments are submitted pursuant to, and in accordance with, provisions of the Endangered Species Act. Based on the information provided and other information available, it appears that the proposed action is not likely to adversely affect any federally-listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Act at these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for your project. Please remember that obligations under section 7 consultation must be reconsidered if (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. However, the Service is concerned about the potential impacts the proposed action might have on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we recommend that all practicable measures be taken to avoid adverse impacts to aquatic species, including implementing directional boring methods and stringent sediment and erosion control measures. An erosion and sedimentation control plan should be submitted to and approved by the North Carolina Division of Land Resources, Land Quality Section prior to construction. Erosion and sedimentation controls should be installed and maintained between the construction site and any nearby down-gradient surface waters. In addition, we recommend maintaining natural, vegetated buffers on all streams and creeks adjacent to the project site. The North Carolina Wildlife Resources Commission has developed a Guidance Memorandum (a copy can be found on our website at (http://www.fws.gov/raleigh) to address and mitigate secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality. We recommend that you consider this document in the development of your projects and in completing an initiation package for consultation (if necessary). We hope you find our web page useful and informative and that following the process described above will reduce the time required, and eliminate the need, for general correspondence for species' lists. If you have any questions or comments, please contact Mark Bowers of this office at (919) 856-4520 ext. 19. Sincerely, Pete Benjamin l Field Supervisor 0 List of Counties in the Service's Raleigh Field Office Area of Responsibility Alamance Beaufort Bertie Bladen Brunswick Camden Carteret Caswell Chatham Chowan Columbus Craven Cumberland Currituck Dare Duplin Durham Edgecombe Franklin Gates Granville Greene Guilford Halifax Harnett Hertford Hoke Hyde Johnston Jones Lee Lenoir Martin Montgomery Moore Nash New Hanover Northampton Onslow Orange Pamlico Pasquotank Pender Perquimans Person Pitt Randolph Richmond Robeson Rockingham Sampson Scotland Tyrrell Vance Wake Warren Washington Wayne Wilson 4 ~--~1~- ~ ~ CONTRACT SHEET Z wig OF o~ w ~ o ~ Iw ` L w ~ o Opq WBRIpG~ , GENERAL NOTES. . ~ RK ~Y + SITE 1. CONTRACTOR WILL USE THE NORTH END OF \ ~ SHAKER DRIVE TO ACCESS THE PROJECT SITE / (SEE ACCESS MAP). f ~ „ 2, CONTRACTOR SHALL PROVIDE A PLAN TO G ~ ~ CONTROL FLOW OF HORSEPEN CREEK DURING F fD_ .THE CONSTRUCTION OF THE GABION WALL, TO ` \ - I ~ PREVENT LOSS OF CONSTRUCTION MATERIAL, EROSION, AND SEDIMENTATION. THE PLAN WILL BE BURY UNDERDRAINS ~ \ ~ ~ ~ SUBMITTED TO THE OWNER FOR REVIEW AT LEAST 7 DAYS PRIOR TO CONSTRUCTION. FLOW FROM AND EXTEND THRU WALL TYP) TOP OF IRON PIN ~ - , - ~ ~ ~ THE STREAM, DURING NORMAL DAILY FLOW, WILL N.A.V.D. 88 = 767.02' ~ 1 ~ BE PREVENTED FROM ENTERING THE WORK AREA 86, ' N -1739693.28 23 ~ i / UNTIL THE FIRST GABION BASKET IS PLACED ON E 866102.52 i~Ep THE FOUNDATION STONE, AND THE COIR LOG IS / - ~ BRYgN BL _ PLACED. N11°13'28.81"E STA 0+00, 8.47 RT _ 64.44 ~ ~ ~ _ 3. STAGING OF MATERIAL WILL BE LOCATED NORTH BEGIN GABION WALL ? ' N -1739705.75 OF THE PROJECT AREA IN AN AREA APPROVED ~ EXISTING GRAVEL PATH E 866187.84 ! - I BY THE OWNER. CL I RIPRAP RT END POINTS ~ 12 LF UPSTREAM OF END OF N11°0546:22 E NOT TO SCALE 4. CONTRACTOR WILL DISPOSE OF CONSTRUCTION . ° , WALL. CONFORM TO SLOPE - d,p 99.47 DEBRIS, CLEARING/GRUBBING MATERIALS, AND ~ 0 ' OF EXISTING BANK SLOPE R, 743 EXCESS EXCAVATION IN AN APPROVED OFF-SITE ~ ~ 186~Z5' LIMIT OF EXCAVATION lg T, , 8 _ - p•21 68' LOCATION, CONTRACTOR IS RESPONSIBLE FOR ' - OBTAINING AN APPROVED DISPOSAL SITE. v l , - L, . r 5. THE CONSTRUCTION BASE LINE, AND THE GRADE ~ 0 - p _ STAKES FOR THE CONSTRUCTION OF THE WALL ~ 4~ , ~ 3511'. WILL BE APPROVED. BY THE OWNER, PRIOR TO EXISTING TOP OF BANK ~ r. ~ . j: ~ ' R-213 EXISTING MODULAR WALL ~ ACCESS GATE EXCAVATION. STA 0+13, 11.04 RT ~ ,v : L` 8.54, , , , U~ N 15 41 03.41 E z 6, THE CONTRACTOR WILL TAKE ALL PRECAUTIONS END OF CURVED WALL ~ - r-,-. P 2 ~Jt - 33.40 Q~~ ~ ~ o NECESSARY TO PREVENT DAMAGE TO THE SITE EXISTING TOE OF BANK ~ ~ FROM STORMWATER RUNOFF INCLUDING BUT NOT F SHAKER DRIVE ~1~`.~ LIMITED TO PROVIDING A PUMP TO DEWATER ~ W _ ~ s . Q\ \ OPEN TRENCHING, PROVIDING SILT BAGS FOR H® n ~ ~ ~ MATERIAL/EQUIPMENT STORAGE ~ DISCHARGE OF WATER, INSTALLING CHECK .s PE ~ ,h : ~ o N T g EE - ~ y , ~ DAMS/COFFER DAMS TO DIVERT OFFSITE WATER ~ > ~ , ~~=~;~!r r _ S i ~ AWAY FROM THE PROJECT SITE. ~ r . ` _ i ~ 7. FOLLOWING COMPLETION OF CONSTRUCTION, ALL ` \ \ i DISTURBED AREAS WILL BE SEEDED WITH STA 2+21, 11.64' RT Q PERMANENT SEED, AS LISTED IN THE NATIVE BEG~~CII'R ED WALL ~ ~ i _ GREENWpY HERBACEOUS SEED MIX TABLE, AT A RATE OF 20 ~ _ i~ EXISTING TOE OF BANK ~ ~ 1 ~ ~.~t TRAIL i i LBS/ACRE, ----------a i ~ ~ ~ ~J~`~ ~ ~ ~ ~ ~ N60'31 37.13 E _ Native Herbace®us Seed Mix 201bs acre ~ 4.21' PROPOSED WALL SYSTEM ~ ~ 15% Virginia Wild Rye Elymus virginicus ~ \ ~ ~ N -1739785.57 ~ ~ ~ E 866370.47 yORS~pE~ 15% LittleBluestem Schizachyriumscoparium STA 2+69.93 11`08' RT \ N -1739808 N -1739808.11 CREEK \ + 15% Partridge Pea Chamaecristafasciculata BEGIN COMPOUND VE F' E 866409.52 RS E 866409.52 + + 10'~ lance leaf coreopsis Coreopsis lanceolata ~ , pg, ~ \ -~C> 10'~ Switchgrass Panicum virgatum i~~ ~ ~ ~ , 10'~o Black-eyed Susan Rudbeckia hirta ~ TOP OF IF STA 2+92, 3.36 VAT ~ C, ~ N.A.V.D. 81 - TOP OF IRON PIN 10% Big Bluestein Andropogon gerardii 3 END GABION WALL \ ~ , \ N.A.V.D. 88 = 766.85' 5% Indiangrass Sorghastrum nutans NOT TO SCALE 5% Purple top Tridens flavus 5% Appalachian beard tongue Penstemon laevigatus CL I RIPRAP AT END ~ REMOVE AND REPAIR EXISTING 1'-0" 3'-0" 1'-0" 100• POINTS 14 LF PAST GRAVEL PATH AS NECESSARY DUE END OF WALL. TO EXCAVATION REQUIREMENTS (6" ABC) MIN. CONFORM TO SLOPE GRAVEL PATH OF EXISTING BANK SLOPE 2'HX3'W ~----------------1°_-----~ 1 ON-SITE EXCAVATED MATERIAL-~ + SCALE: 1 " = 20' LIMITS OF EXCAVATION-/~+ EXISTING CHANNEL BOTTOM FILTER FABRIC \ 70 770 7 70 NCDOT TYPE 2 + STA 1 +66 BEGIN SECTION B 6" THICK BACKFILL, J QCl JN N0. 57 STONE -BACKFILL WITH ~ 3 ® A EXISTING GRAVEL PATH GRADE ^;;OPOSED GABION WALL TOP B Q + GABION STONE ZO _ _ ~N - EXISTING TOP OF BANK 3'HX3'W wF z~- FOUNDATION GABION MATTRESS 1 ° H X 6' W mcn wtn 1 A SCALE: 3" = 1'-0" - 760 760 60 REMOVE AND REPAIR EXISTING ~ » GRAVEL PATH AS NECESSARY DUE 1MIN 3 -0 1 -0 ~ TO EXCAVATION REQUIREMENTS (6" ABC) GRAVEL PATH SAP ~ ~ 70;a 1 ' H X 3' W o~NR • ~At~e~tAUty Y~FTtAhDS AND ST~~'dd°dER e~dCF9 EL. 755.34 PROPOSED GABION 1'VALL BOTTOM EXISTING CHANNEL BOTTOM EL. 755.34 2' H X 3' W L_-----------~---~---°°-J 1 ON-SITE EXCAVATED MATERIAL + + LIMITS OF EXCAVATION-~+ EXISTING CHANNEL BOTTOM 750 750 50 FILTER FABRIC \ N NCDOT TYPE 2 + N + 6" THICK N N ~ ~ M ~ ~ ~ ~ ~ ~ M ~ M ~ BACKFILL, N ~ (d ~ ~ r r N0. 57 STONE BACKFILL WITH ~ O O GABION STONE " 745 O " 0+00 0+50 1+00 1+50 2+00 2+50 2+92 ~5 3' H X 3' W s FOUNDATION GABION MATTRESS 1' H X 6° W a 3 a o HORIZONTAL SCALE: 1" = 20' B VERTICAL SCALE: 1" = 4' m SCALE: 3" = 1'-0" M HDR Engineering, Inc. of the Carolinas REVISIONS TYPE CONTRACT CONTRACTOR AS-BUILT RUTH. DATE BEND O ATE BENCH MARKS JOB NO. - p- - CITY OF GREENSBORO -1 D 440 S. Church Street, Suite 1000 DESIGNED 07/12/10 BY RG ENGINEERING CONST. SURVEY- BY - 1HH ORSPEN CREEK STREAM BANK P I SHEET NO. Charlotte, NC 28202 ROADWAY Phone 704.338.6700 ~ SEWER • HDR Engineering, Inc. Fax 704.338.6760 of the Carolinas a N.C.S.E.L.S. Lic. No. F-0116 WATER • CHECKED - BY - U SIDEWALK SCALE: AS NOTED S 1 OF 1