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
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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.
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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
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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
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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%
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Figure 3
ONE COMPANY I Many Solutions
Guilford County Horsepen Creek Bank Stabilization I Request for Section 401 Water Quality Certification
4W'
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Legend
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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
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Photograph 1 - Horsepen Creek, left bank
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Photograph 2 - Horsepen Creek, looking downstream
ONE COMPANY I Many Solutions- Representative Photographs
Guilford County I Horse en Creek Bank Stabilization
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ONE COMPANY I Many Solutions- Representative Photographs
Guilford County j Hors en Creek Bank Stabilization
aQ`? T F United States Department of the Interior
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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