HomeMy WebLinkAboutU-2579AB permit modification 7.18.2023STA�TF
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER J. ERIC BOYETTE
GOVERNOR SECRETARY
July 18, 2023
U.S. Army Corps of Engineers Charlotte Regulatory Field Office
8430 University Executive Park Drive, Suite 615
Charlotte, NC 28262
ATTN: Mr. Steve Brumagin, NCDOT Regulatory Coordinator
Subject: Request for Modification to Individual Section 404 Permit and Section 401
Water Quality Certification for U-2579 AA and AB, the Winston-Salem
Northern Beltway (Eastern Section of Future I-74), from US 311 to 1-40; Federal
Aid Project No. NHF-0918(14), Division 9. Debit $570 from WBS No.
34839.3.GV5.
References: Section 404 and 401 Individual Permit Application requested October 2, 2017,
for Winston Salem Northern Beltway from I-40 to US 52 (R-2247B Phase 2, CA,
CB, CD, D, EA, EB, and EC), from US 52 to US 311 North (U-2579C Phase 2,
D, D, and F), and from 1-40 Business to US 311 South (U-2579AA and AB).
- Modification Application for U-25791), E, F / U-2579C Phase 2, dated
January 7, 2019.
- Modification Application for R-2247EB, dated June 26, 2019.
- Modification Application for U-2579D, E, and F, dated October 17, 2019.
- Modification Application for U-2579D, E, and F, dated November 4, 2020.
- Modification Application for U-2579AB, dated December 2, 2020.
- Modification Application for U-2579AB noise wall addition and U-2579AA,
dated November 23, 2021
- Modification Application for U-2579AB temporary access dated February 28,
2023
- Modification Application for U-2579AA dated March 24, 2023
Section 404 Individual Permit issued for the Winston Salem Northern Beltway
from I-40 to US 52 (R-2247B Phase 2, CA, CB, CD, D, EA, EB, and EC), from
US 52 to US 311 North (U2579C Phase 2, D, D, and F), and from 1-40 Business
to US 311 South (U-2579AA and AB), dated January 22, 2018 (SAW-2017-
02112).
- Permit Modification for U-25791), E, F / U-2579C Phase 2, dated March 4,
2019.
- Permit Modification for R-2247EB, dated August 13, 2019.
- Permit Modification for U-25791), E and F, dated January 29, 2020.
- Permit Modification for U-2579D, E, and F, dated December 9, 2020.
- Permit Modification for U-2579AB, dated February 10, 2021.
Mailing Address:
NC DEPARTMENT OF TRANSPORTATION
DIVISION 9
375 SILAS CREEK PARKWAY
WINSTON SALEM, NC 27127
Telephone: (336) 747-7800
Fax: (336) 703-6693
Customer Service: 1-877-368-4968
Website: ncdot.gov
Location:
375 SILAS CREEK PARKWAY
WINSTON-SALEM, NC 27127
- Permit Modification for U-2579AB noise wall addition and U-2579AA, dated
July 29, 2022
- Permit Modification for U-2579AB temporary access dated March 9, 2023.
- Permit Modification for U-2579AA dated May 3, 2023.
Section 401 Water Quality Certification issued November 14, 2017
(WQC004131), for the Winston Salem Northern Beltway from I-40 to US 52 (R-
2247B Phase 2, CA, CB, CD, D, EA, EB, and EC), from US 52 to US 311 North
(U-2579C Phase 2, D, D, and F), and from I-40 Business to US 311 South (U-
2579AA and AB); Revision 2 dated December 21, 2017; Revision 3 dated
February 7, 2019; and Revision 4 dated August 13, 2019; Revision 5 dated
November 14, 2019; Revision 6, dated November 30, 2020; Revision 7, dated
February 9, 2021; Revision 8, dated January 10, 2022; Revision 9, dated March
9, 2023; Revision 10, dated April 27, 2023.
Dear Sir:
The purposes of this modification are as follows:
1. To account for mitigation required in the permit modification for U2579AA and U-
2579AB in the USACE permit issued July 29, 2022
2. To revise Permit site 2 on U-2579AB
Mitigation Requirements in USACE permit issued July 29, 2022
The USACE permit modification issued on July 29, 2022 needs to account for additional mitigation
on U-2579AA and AB. Those mitigation totals are detailed below:
• Section AB modification for the Noise Wall should require 15 linear feet of stream
mitigation and 0.02 ac of wetland mitigation.
• Section AA based upon final design and modifications at that time should have required
1.56 ac wetland mitigation for roadway, 0.06 ac wetland mitigation for utilities, and 2,042
linear feet of stream mitigation. There was no requirement for mitigation associated with
the open water impacts associated with this modification of Section AA.
Therefore, a grand total of required mitigation for the July 29, 2022, Corps permit modification
approval should require 2,057 linear feet of stream mitigation and 1.64 ac of wetland mitigation.
Mitigation for these impacts is required at a 2:1 ratio.
Revisions at Permit Site 2
I have included copies of the revised plan sheet and pictures of the existing site. The additional
impacts site 2 are as follows:
The original plans showed impacts at site 2 for the replacement of an existing 36" RCP with a
longer 36" RCP under Kernersville Road. It also allowed for an energy dissipator at the outlet of
the 36" RCP. Additionally, it showed a temporary detour of Kernersville Road that resulted in 76
linear feet of temporary impacts at the site. Due to the excessive erosion that has taken place at this
site prior to start of construction, restoring the temporary stream impacts are no longer reasonably
feasible. The stream channel is in an erosional gulley that ranges from 10' to 20' in depth. If the
detour pipe was removed when it was no longer needed for the detour purpose, we would not be
able to restore the channel in a stable manner. This is because slopes at 2:1 or flatter would result
in going beyond NCDOT ROW impacting aerial utility lines and impacting residential property. If
the pipe is left in place, we believe that we would be able to ensure long term stability of the stream
and the adjacent property. With this revision, the bank stabilization and temporary impacts are no
longer needed. Revised impacts are shown in Table 1.
Table 1*: Impact Revisions at permit site 2 on U-2579AB in the Yadkin River Basin.
Stream
REVISED
REVISED
ADDITIONAL
Site
Stream
Type
Impact Type
Permanent
Temporary
Impacts Requiring
ID
(I/P)
Impacts
Impacts (linear
USACE Mitigation
linear feet
feet
36" Corrugated
-5-� 139
0
88
Steel Pipe
Energy
20 22
0
2
2
ESE-S8
P
Dissi ator Basin
Bank
Stabilization
4-4 0
0
0
Detour
0
-76 0
0
Total ADDITIONAL Impacts Requiring USACE Mitigation
90
*This table shows how the impacts and mitigation requirements were revised at U-2579AB site 2 since permit
application dated November 23, 2021.
The revisions at site 2 will result in a need for an additional 90 linear feet of impacts (revising the
total of mitigable impacts at site 2 from 71 linear feet to 161 linear feet). In the DMS letter dated
September 29, 2017, they agreed to provide mitigation for 30,834' linear feet of impacts in the
Yadkin River Basin. Table 9 from the November 20, 2020 permit modification for U-2579AB and
U-2579AA has been edited below to show the linear feet of impacts required as edited by this
permit modification request. Since we have a running credit in the Yadkin River Basin, the 2017
DMS letter will not be revised.
Table 9*: Stream Mitigation by River Basin
River Basin
Previously Permitted
Impacts for which
Running Totals (linear
Impacts Mitigated
Mitigation is
feet)
(linear feet)
Requested in this
Modification
Application (linear
feet
Yadkin
23—,2-3-2 25,289
2,-0-5-7 90
2c2W 25,379
Roanoke
7,319
0
7,319
Cumulative Total
2n� 33,508
1 1,457- 90
1 32-,0$ 33,598
`This table shows how the stream mitigation requirements have been revised due to the changes at U-2579AB
permit site 2 for the phased IP since the permit application dated November 23, 2021.
There will be no additional impacts to threatened or endangered species because of the revisions.
There will also be no impacts to Section 106 resources.
Regulatory Approvals
Section 404: We are hereby requesting modification to the USACE Individual 404 Permit (SAW-
2017-02112), for the above -described activities for Section U-2579AB.
Section 401: We are hereby requesting a modification to the 401 Water Quality Certification
(WQC004131) from the NCDWR for Section U-2579AB. We believe this work is permittable
under an Infield modification with no fee requirement as there is no DWR required mitigation.
However, if a fee is required, please debit WBS no. 34839.3.GV5.
Thank you for your assistance with this project. If you have any questions or need additional
information, please contact me at (336) 747-7802 or aeuliss@ncdot.gov.
Sincerely,
Amy Euliss
NCDOT Division 9 PDEA Engineer
Attachments: Current plan sheet for site 2 with revisions
Revised Impact summary sheet
Pictures of site 2 at the start of construction
DMS letter from 2017
September 29, 2017
Mr. Philip S. Harris III, P.E., CPM
Natural Environment Section, PDEA
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina 27699-1598
Dear Mr. Harris:
ROY COOPER
Subject: DMS Mitigation Acceptance Letter: U-2579 / R-2247, Winston-Salem Northern Beltway -
from South of I-40 Southwest of the City to I-74 / US 311 Southeast of the City, Forsyth
County
The purpose of this letter is to notify you that the Division of Mitigation Services (DMS) will provide the
stream and wetland mitigation for the subject project. Based on the information supplied by you on September 28,
2017, the stream and wetland impacts are located in CU 03040101 of the Yadkin River basin and 03010103 of the
Roanoke River basin in the Central Piedmont (CP) Eco-Region, and are as follows:
I Stream Wetlands
Stream & River CU Eco-
Wetlands Basin Location Region Cold Cool Warm Riparian Non Coastal
_......_..__.._-_.................. _......_......._.._._...... ...... _.____..._....._ __.... - _.....__ Riparian Marsh
Impacts Yadkin 03040101 CP 0 l 0 30,834.0 4.79 0 0
_..___.... �.____ ...- ... -_._.__.............__i._
Impacts Roanoke 03010103 CP 0 0 6,414.0 1.14 0 0
"Some of the stream and wetland impacts maybe proposed to be mitigated at a 1:1 mitigation ratio. See permit application for
details.
These impacts and associated mitigation needs were under projected by the NCDOT in the 2017 impact
data. DMS will commit to implement sufficient compensatory stream and riparian wetland mitigation credits to
offset the impacts associated with this project as determined by the regulatory agencies using the delivery timeline
listed in Section F.3.c.iii of the In -Lieu Fee Instrument dated July 28, 2010. If the above referenced impact amounts
are revised, then this mitigation acceptance letter will no longer be valid and a new mitigation acceptance letter will
be required from DMS.
If you have any questions or need additional information, please contact Ms. Beth Harmon at 919-707-8420.
Sincerely,
Jams; s B Stanfill
DMS'Et edit Management Supervisor
Cc: Mr. James Lastinger, USACE - Raleigh Regulatory Field Office
Ms. Amy Chapman, NC Division of Water Resources - Raleigh
File: U-2579 / R-2247
State of North Carolina I Environmental Quality
217 West Jones Street 1 1601 Mail Service Center I Ralelgti North Carolina 27699 1601
919 707 8600
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LEGEND:
DENOTES IMPACTS IN
SURFACE WATER
DENOTES TEMPORARY
IMPACTS IN SURFACE WATER
PERMIT DRAWING
SHEET 5 OF 78
WETLAND PERMIT IMPACT SUMMARY
WETLAND IMPACTS SURFACE WATER IMPACTS
Site
No.
Station
(From(To)
Structure
Size / Type
Permanent
Fill In
Wetlands
(ac)
Temp.
Fill In
Wetlands
(ac)
Excavation
in
Wetlands
(ac)
Mechanized
Clearing
in Wetlands
(ac)
Hand
Clearing
in
Wetlands
(ac)
Permanent
SW
impacts
(ac)
Temp.
SW
impacts
(ac)
Existing
Channel
Impacts
Permanent
(ft)
Existing
Channel
Impacts
Temp.
(ft)
Natural
Stream
Design
(ft)
1
Y4RPB 20+29 RT
30" RCP -III
0.09
< 0.01
48
1
Y4RPB 20+29 RT
4' BASE DITCH
0.10
< 0.01
76
18
2
Y4 40+43 RT
36" CSP
< 0.01
51
2
Y4 40+43 RT
ENERGY DISSIPATOR BASIN
< 0.01
20
2
Y4 40+43 RT
BANK STABILIZATION
< 0.01
14
2
Y4 40+43 RT
DETOUR
0.01
76
3
L 746+02 RT
54" RCP -IV
0.10
< 0.01
137
12
4
L 748+64 - 750+76 LT
ROADWAY FILL
0.01
74
4A
L 750+02 - 753+80 LT
ROADWAY FILL
0.13
4B
L 748+64 - 750+76 LT
FILL IN POND
0.89
5
L 755+00 - 758+02 LT
PIPE REM./ PROP. DITCH
< 0.01
< 0.01
28
32
5A
L 758+02 LT
PIPE REM./ PROP. DITCH
< 0.01
6
L 768+62
2 @ 12' x 10' RCBC
0.13
589
6
L 768+62
INLET CHANNEL FLOODPLAIN BENCH
< 0.01
0.01
26
41
6
L 768+62
OUTLET CHANNEL PROTECTION
0.02
0.03
81
88
6A
L 764+50 LT
ROADWAY FILL
0.03
6B
L 760+00 LT
6" RCP SEGMENT REPLACEMENT /CLEAN
< 0.01
19
7
Y15FLYBD
54" RCP
0.02
92
7
Y15FLYBD
4' BASE DITCH
< 0.01
< 0.01
84
10
7
Y15FLYBD
RIPRAP PAD
< 0.01
< 0.01
16
25
7A
Y15FLYBD
54" RCP -IV
0.36
8
L 781+44
42" RCP -III
0.05
< 0.01
444
8
L 781+44
BANK STABILIZATION
< 0.01
< 0.01
17
10
TOTALS": 0.51
< 0.01
1.44
0.07
1797
331
`Rounded totals are sum of actual impacts
NOTES:
im