HomeMy WebLinkAbout20061137 Ver 2_PCN Cover Letter_20210329
219 Station Road, Suite 101 | Wilmington, NC 28405
t: 910.256.9277 | www.withersravenel.com | License No. C‐0832
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March 29, 2021
US Army Corps of Engineers NC‐Division of Water Resources
Raleigh Regulatory Field Office 401 & Buffer Permitting Unit
Mr. Dave Bailey Mr. Paul Wojoski
3331 Heritage Trade Drive 1617 Mail Service Center
Suite 105 Raleigh, NC 27699
Wake Forest, NC 27587
Re: Kersey Valley Road (SR 1154) Realignment – Request for Individual Permit
High Point, Guilford County
USACE AID: SAW‐2018‐00217
NCDWR Project #: 061137
WR Project #02170270.00
Dear Mr. Bailey and Mr. Wojoski,
On behalf of the City of High Point, we are requesting an Individual Permit (IP) from the USACE
for 65 lf (0.004 ac) of permanent stream impacts, 17 lf (0.002 ac) of temporary stream impacts
and 0.01 ac of temporary wetland impacts necessary for the realignment of Kersey Valley Road in
High Point, Guilford County. We are also requesting a 401 WQC from NCDWR for the above
referenced impacts, as well as a Riparian Buffer Authorization for 13,366 sf of permanent impacts
to Randleman Lake Riparian Buffers.
The project is ±3.0 acres in size and consists of the corridor associated with the proposed
realignment of Kersey Valley Road in High Point, Guilford County, North Carolina (Lat:
35.946100°N; Long: ‐79.931305°W). The proposed alignment is located within four parcels
(Parcel #s: 187002, 161474, 161511, 161518). However, the proposed impacts are located
entirely within the parcel owned by the City of High Point (Parcel #: 187002).
The project is located in the Cape Fear River Basin (Randleman Lake) and onsite waters drain to
Richland Creek. The Water Quality Classification for Richland Creek is WS‐IV;CA:* and the Stream
Index Number is: 17‐7‐(4). The cataloging unit for the site is 03030003.
Please note that an onsite pre‐application meeting with David Bailey (USACE) and Sue Homewood
(NCDWR) was conducted on 7/10/2018. A copy of the email correspondence with the
USACE/NCDWR has been attached as documentation that a pre‐application meeting was
conducted. Therefore, the requirement for requesting a pre‐filing meeting under 40 CFR Part 121
for 401 Certifications in accordance with the federal Clean Water Act have been satisfied.
Proposed Project
The purpose of the proposed project is to relocate Kersey Valley Road (SR 1154) out of the Kersey
Valley Landfill to improve commuter safety by eliminating commuter traffic through the landfill,
allow for more efficient and safe internal travel/access within the landfill for landfill users and staff
and allow for expansion of the landfill over the existing portion of Kersey Valley Road within the
landfill.
Kersey Valley Road Realignment
High Point, Guilford County
Page 2 of 7
The proposed project consists of construction of ±4,000 lf of new two‐lane roadway for the
realignment of Kersey Valley Road. The proposed realignment begins approximately 775 lf south
of the intersection of Kersey Valley Road and Cashatt Road (Lat: 35.944001°N; Long: ‐
79.931236°W) and runs north and west to tie into Jackson Lake Road (Lat: 35.949963; Long: ‐
79.939328) across from the entrance to the OFS Brands campus.
The project also consists of improvements at the existing residential driveway just south of Stream
1 and improvements (riprap lining) to an existing roadside drainage ditch along the Kersey Valley
Road into Stream 1. The existing Kersey Valley Road will be abandoned and blocked north of the
last residence, just south of Stream 1. This portion of Kersey Valley Road south of Stream 1 will
remain to provide access to the residences south of the landfill to the new alignment of Kersey
Valley Road. The driveway entrance at the last residence will be improved to provide a turnaround.
As part of driveway entrance improvements to provide a turnaround, the existing culvert will be
relocated, and the existing roadside drainage ditch will be relocated and stabilized with riprap.
Kersey Valley Road currently bifurcates the Kersey Valley Landfill. In the existing condition,
motorists are required to drive through the active landfill to access Kivett Drive to reach northern
destinations, including I‐85 and downtown High Point. The mingling of commuter traffic and
landfill traffic causes significant issues with both commuter and landfill staff safety and is
problematic to the logistics of the operation of the landfill as noted in the attached letter from the
City of High Point to the USACE. For example, when landfill customers bring in non‐treated wood
products, the customer is directed to transport the material to the “wood yard”. Customers
seeking to dispose of this material drive past the scales, make a U‐turn on the landfill site, turn left
onto SR 1113 (Kivett Drive), turn left into the “old landfill” driveway and follow the drive to the
wood yard. Once the product is off‐loaded, the customer then exits the facility by following the
drive, turning right on SR 1113 (Kivett Drive), and then turning back into the new landfill
scalehouse location to weigh and make payment. Relocation of SR 1154 (Kersey Valley Road)
would allow customers to enter at the primary landfill entrance while commuting to the woodyard
on the private landfill road. The proposed relocation of Kersey Valley Road will eliminate turning
and re‐entry movements to the traffic system on public streets. Furthermore, when landfill staff
needs to transport equipment from one site (westside) to another (eastside) within the landfill, it
requires travel across Kersey Valley Road and flagging operations, road plates, and other safety
measures are implemented to assure staff and commuters are protected. The absence of the
roadway further eliminates crossing traffic conflicts and increases safety for landfill staff as well
as commuters.
The relocation of Kersey Valley Road is also needed to facilitate expansion of the Kersey Valley
Landfill over the portion of Kersey Valley Road within the landfill.
The proposed relocation of Kersey Valley Road will provide a roadway constructed to NCDOT
standards that meets or exceeds existing posted speed limit (45 mph) and traffic volumes while
creating a more direct access to Interstate 85 and Business 85 and eliminating commuter traffic
through the landfill.
Kersey Valley Road Realignment
High Point, Guilford County
Page 3 of 7
Project History
WithersRavenel completed a delineation of the project area in October 2017.
The USACE issued a Preliminary JD (AID: SAW‐2018‐00217) for the project area on 6/10/2019.
A copy of the USACE PJD has been attached to this application.
NCDWR issued a Buffer Determination Letter on 10/3/2018 for the project area. A copy of the
NCDWR Buffer Determination Letter has been attached to this application.
David Bailey (USACE) and Sue Homewood (NCDWR) conducted a site meeting on 7/10/2018 to
review the delineation and conduct a pre‐application meeting. At the pre‐application meeting,
David Bailey confirmed that the purpose and need for the road re‐alignment is directly related to
the Kersey Valley Landfill and does not have independent purpose and utility alone. Therefore,
the proposed impacts for the realignment of Kersey Valley Road would be considered cumulative
with the previously permitted actions for the Kersey Valley Landfill, including the most recent IP
issued in 2007. Since impacts from previously permitted actions for the Kersey Valley Landfill
have already exceeded NWP thresholds, the impacts associated with the Kersey Valley Road
realignment project would require an IP.
The previous permitting actions for the Kersey Valley Landfill consist of the following:
Kersey Valley Landfill – Phase 3 (10/13/2000)
o USACE 404 Individual Permit (AID: SAW‐199920165)
o NCDWR Project # Unknown
Kersey Valley MSWLF – Area 2 (11/6/2007)
o USACE 404 Individual Permit (AID: SAW‐2006‐40164‐241)
o NCDWR Project #061137
Alternatives Analysis
Offsite Alternatives
The Kersey Valley Road Closure Feasibility Study (by WSP and Parsons Brinckerhoff) was prepared
for the City of Highpoint in September 2016. The results of the report were:
Six alternatives were developed with input and guidance from the City of High Point,
NCDOT and the general public.
Alternatives were developed to close the portion of Kersey Valley Road and maintain
connectivity south of the landfill. The alternatives connected Kersey Valley Road to either
Jackson Lake Road to the west or to Riverdale Drive via Cashatt Road to the east.
All alternatives consisted of two 11‐foot travel lanes, 5‐foot shoulders and variable side
slopes.
Based on a review of environmental impacts, utility impacts, right‐of‐way acquisition,
connectivity, and traffic and safety issues, four of the six alternatives were eliminated, and
two alternatives were selected for detailed evaluation. These alignments consisted of:
o Connecting Kersey Valley Road to Jackson Lake Road (Alternative 1C in the
report).
o Connecting Kersey Valley Road to Riverdale Drive via Cashatt Road to the east
(Alternative 2 in the report)
After detailed evaluation of the two alternatives was completed and public input was
obtained, it was determined that the connection to Riverdale Drive (Alternative 2) was not
Kersey Valley Road Realignment
High Point, Guilford County
Page 4 of 7
the preferred alternative due to potential proximity impacts to residential properties,
impact to existing utilities and potential impacts to two tributaries to Richland Creek
The preferred alternative is the connection of Kersey Valley Road to Jackson Lake Road
(Alternative 1C) based on better connectivity, is more consistent with existing travel
patterns and is located mostly on City‐owned property.
For more information on the selection of Alternative 1C, please see the attached Kersey Valley
Road Closure Feasibility Study.
Onsite Alternatives
The environmental review of the selected alternative corridor identified three streams within the
alignment corridor, which were verified during the onsite meeting with the USACE and NCDWR
on 7/10/2018. The original alignment presented at the 7/10/2018 site meeting would result in
the road crossing two streams (Streams 2 & 4) immediately upstream of the confluence as depicted
in the attached Alignment Alternatives Exhibit. This alignment would have resulted in
approximately 280 lf of permanent stream impacts (Streams 2 & 4) and 0.01 acres of permanent
wetland impacts (Wetland B).
After the discussions with the USACE and NCDWR, the project engineers revised the alignment
to shift the proposed alignment further east to further minimize stream impacts. The proposed
alignment will impact only one stream (Stream 2) and will result in 65 lf of permanent stream
impacts and have avoided permanent wetland impacts entirely. The proposed revisions have
resulted in minimization of 215 lf of permanent stream impacts and 0.01 acres of permanent
wetland impacts.
Proposed Impacts
The proposed impacts consist of 65 lf (0.004 ac) of permanent stream impacts, 17 lf of temporary
stream impacts (0.001 ac), 0.01 acres of temporary wetland impacts and 13,366 sf of permanent
riparian buffer impacts for construction of the realignment of Kersey Valley Road.
During construction of the new road, 0.01 acres of temporary wetland impacts (Site 1) are
anticipated, which will consist of hand clearing of vegetation only.
The construction of the new road will result in 65 lf (0.004 ac) of permanent stream impacts for
installation of a culvert to convey upstream drainage through the road and into Stream 2 (Site 2),
as well as installation of a dissipator below the culvert to prevent erosion of the stream bed. The
proposes dissipator consists of a geotextile lining. Approximately 4 lf (0.001 ac) of temporary
stream impacts are anticipated for temporary construction access for installation of the geotextile
dissipator.
Stream Impact Table
Impact # Reason for Impact Stream Name Stream Type Permanent Impacts Temporary Impacts
LF SF AC LF SF AC
Site 2 Road Crossing Stream 4 Intermittent 65 195 0.004
Site 2 Temporary
Construction Access Stream 4 Intermittent 4 12 0.001
Site 3
Realigned Roadside
Drainage Ditch
Outlet
Stream 1 Perennial 13 65 0.001
Totals 65 lf 195 sf 0.004 ac 17 lf 77 sf 0.001 ac
Kersey Valley Road Realignment
High Point, Guilford County
Page 5 of 7
The realignment of the existing roadside drainage ditch will result in 13 lf (0.001 ac) of temporary
impacts (Site 3) to Stream 1 in order to construct the ditch outlet. While the realigned roadside
drainage ditch will be lined with riprap, no riprap will be placed below OHW of Stream 1.
Construction of the perpendicular road crossing of Stream 4 (Site 1) will result in 5,128 sf of
permanent Zone 1 impacts and 4,642 sf of permanent Zone 2 impacts. This crossing is a
perpendicular road crossing impacting less than one third of an acre of buffers and therefore are
classified as “Allowable upon Authorization” in the Randleman Lake Riparian Buffer Rules Table of
Uses.
Construction of the road crossing of Stream 2 (Site 2) will result in 543 sf of permanent Zone 1
impacts and 2,225 sf of permanent Zone 2 impacts. This crossing is a perpendicular crossing
impacting less than one tenth of an acre of buffers and therefore are classified as “Deemed
Allowable” in the Randleman Lake Riparian Buffer Rules Table of Uses.
The realignment of the roadside ditch along Kersey Valley Road (Site 3) will result in 492 sf of
permanent Zone 1 impacts and 828 sf of permanent Zone 2 impacts. The impacts for the
realignment of the existing roadside drainage ditch is classified as “Allowable Upon Authorization”
in the Randleman Lake Riparian Buffer Rules Table of Uses.
Avoidance and Minimization
Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted
so that impacts to wetlands and “waters” could be minimized.
The original alignment would have resulted in 280 lf of permanent stream impacts to two streams
(Streams 2 & 4) and 0.01 acres of permanent wetland impacts (Wetland B). The revisions to the
proposed road alignment shifted the road as far east as possible while being able to maintain a
minimum curve radius as the road transitions to the west to meet NCDOT requirements for 50
mph design speed (45 mph posted speed limit). The proposed alignment results in 65 lf of
permanent stream impacts from one stream crossing (Stream 2) and no wetland impacts. The
revisions to the proposed alignment results in a minimization of 215 lf of permanent stream
impacts and 0.01 acres of permanent wetland impacts.
The proposed alignment has been designed to only impact the extreme upper reach of Stream 4
to minimize impacts.
The proposed alignment has also minimized riparian buffer impacts and will result in perpendicular
crossings of the buffers associated with Stream 2 (Deemed Allowable) and Stream 4 (Allowable
Upon Authorization). The realignment of the existing roadside drainage ditch has been designed
to cross the buffers perpendicularly (Allowable Upon Authorization).
Installation of the culvert for the Stream 4 crossing (Site 2) will be completed “in the dry” by
constructing temporary coffer dams and pumping flow around the project area during
construction. Additionally, the culvert construction will be scheduled during a period with no
forecasted rain. Once construction is complete, the temporary coffer dams will be removed and
the temporarily impacted stream restored to natural grades, lined with biodegradable matting and
seeded with rye grass to provide temporary stabilization until regrowth of native vegetation
permanently stabilizes the stream banks. Matting will not be placed on the stream bed.
During construction, silt fencing will be installed around all areas to be disturbed to prevent
sediment from escaping into downstream waters. Access during construction will be in uplands.
Kersey Valley Road Realignment
High Point, Guilford County
Page 6 of 7
Mitigation
The applicant proposes to mitigate for the 65 lf of permanent stream impacts through the purchase
of offsite mitigation credits at a 2:1 ratio, resulting in the purchase of 130 lf of stream mitigation
credits. WithersRavenel checked with mitigation banks within the Cape Fear 0303003 basin, and
there was no stream mitigation credits available. Therefore, the applicant proposes to provide the
130 lf of stream mitigation through the purchase of credits from NCDMS. A copy of the NCDMS
letter of acceptance has been provided as an attachment.
All proposed riparian buffer impacts are classified as “Allowable Upon Authorization” and “Deemed
Allowable” and therefore, buffer mitigation is not required.
Threatened and Endangered Species
WR reviewed the NC Natural Heritage Program database, located at
http://www.ncnhp.org/web/nhp/home, as well as NCNHP GIS data to identify if there were any
known occurrences of endangered species on or near the proposed project. The review of the
NHP data did not identify any occurrences of federally listed threatened or endangered species or
critical habitat on the subject property or within 1.0 miles of the project, see attached NCNHP
project review letter dated 3/21/2021.
The project is located in the Cape Fear River Basin, and therefore is not located within the USFWS
known range of the Roanoke logperch. Additionally, the project is not located within the USFWS
known range of the Atlantic pigtoe or Cape Fear shiner.
Pedestrian surveys of the proposed alignment did not identify any eagle nests, and no bald eagles
were observed in flight during the pedestrian survey. The review of the NCNHP GIS data did not
identify any known eagle nests within 1.0 miles of the project. The project is located
approximately 1.6 miles from Randleman Lake, which is the nearest potential foraging habitat.
Therefore, in accordance with the USFWS “National Bald Eagle Management Guidelines (May
2007), surveys of the areas within 660’ of the project area were not required. Additionally, the
National Bald Eagle Management Guidelines specifies that activities taking place more than 660’
from a bald eagle nest will have No Affect on the nesting activities. Therefore, based on the results
of the pedestrian survey, lack of nearby records and distance to the nearest potential foraging
habitat, WR concludes that the proposed project will not adversely affect bald eagles.
Pedestrian surveys were conducted in September 2020 for Schweinitz’s sunflower and were
focused along the existing ROWs for Kersey Valley Road and the driveways to the Jackson Lake
Substation and City’s construction equipment storage yard in September 2020. The pedestrian
survey did not identify any populations of Schweinitz’s sunflower. Additionally, the review of the
NCNHP GIS data did not identify any known occurrences of Schweinitz’s sunflower within 1.0
miles of the project area. Therefore, based on the results of the pedestrian survey and lack of
nearby records, WR concludes that the proposed project will have will not adversely affect
Schweinitz’s sunflower.
Pedestrian surveys of the proposed road alignment did not identify any potential habitat for small
whorled pogonia, as the canopy within the forested areas were too dense to allow sufficient
sunlight penetration, and the vegetation within the non‐forested areas were extremely dense to
be considered potential habitat. Additionally, review of the NCNHP GIS data did not identify any
known occurrences of small whorled pogonia within 1.0 miles of the project area. Based on a lack
of potential habitat and lack of nearby records, WR concludes that the proposed project will not
adversely affect small whorled pogonia.
Kersey Valley Road Realignment
High Point, Guilford County
Page 7 of 7
Therefore, WR concludes that the proposed project will not adversely affect federally listed
species or their designated critical habitat.
Please feel free to contact me if you have questions or require additional information to complete
your review of this application.
Sincerely,
WithersRavenel
Troy Beasley
Senior Environmental Scientist
Attachments:
1) Eng Form 4345
2) PCN Form
3) Pre‐Filing Meeting Request Info
4) Agent Authorization
5) Parcel/Owner Info
6) Adjacent Property Owner Exhibit/Info
7) Aerial Photo
8) Approved Wetland/Buffer Delineation Exhibit
9) USGS Quads
10) Guilford Co. Soil Survey
11) USACE Preliminary JD
12) NCDWR Buffer Determination Letter
13) Letter from City to USACE
14) Kersey Valley Road Closure Feasibility Study
15) Alignment Alternatives Exhibit
16) NCNHP Project Review Letter
17) USFWS Listed Species for Guilford County
18) NCDMS ILF Letter of Acceptance
19) Stream Impact Exhibits
20) Buffer Impact Exhibits