HomeMy WebLinkAbout19961065 Ver 1_COMPLETE FILE_19961119
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt. Jr.. Governor
Jonathan B. Howes. Secretary
A. Preston Howard, Jr.. P.E.. Director
.RA
DEHNR
November 26, 1996
Guilford County
DWQ Project # 961065
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. John Musto
Koury Ventures Ltd. Parmership
400 Four Seasons Town Center
Greensboro, NC 27407
Dear Mr. Musto:
You have our approval to place fill material in 0.3 acres of wetlands or waters for the purpose of
constructing a road at Grandover Parkway near 1-85, as you described in your application dated 19 November
1996. After reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 2732. This cenification allows you to use Nationwide Permit Number 14 when it is
issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us and you may be required to send us a new
application. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be
valid, you must follow the conditions listed in the attached certification and any additional conditions listed
below. Mitigation for this fill shall be required at a 1: 1 acreage ratio and added to required for additional
wetland fill expected for this project. Stormwater management shall be required for this parcel including a wet
detention pond. Additional written approval is required from DWQ for this purpose. In addition, you should
get any other federal, state or local permits before you go ahead with your project including (but not limited
to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed
regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless
otherwise specified in the General Certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions
are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Sincerely,
Attachment
cc: Wilmington Dislrict Corps of Engineers
Corps of Engineers Raleigh Field Office
Winston-Salem DWQ Regional Office
Mr. John Domet
Cenlral Files
Len Rindner
slon Howard, V
Division of Water Quality . Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer . 50% recycled/10% post consumer paper
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OEM ID:
961065
4011SSLJEn
CORPS ACTION ID: .
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #):
/"1
PRE-CONSTRUCTION NOTIFICATION APPLr:i,q~~,
FOR NATIONWIDE PERMITS THAT REQUIRE: G
NOV I 9
1) NOTIFICATION TO THE CORPS OF ENGINEERS 'J /996
2) APPLICATION !'OR SECTION 401 CE.P.TIFICATION i IV ";.......
3) COON:lINATION WITH Tm: NC DIVISION OF COASTAL MANAG~~ZPt";,i
..--....."......,,~..:...;..:.
SEND THE ORIGINAL AND (1) COpy OF THIS COMPLETED FORM TO THE APPROPRIATE
nEW OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION or ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRrNT.
OWNERS Nl-.ME: ~ V~ Iw.e! '-(mIke! p~,,~J,t,P
" HAILING ADDRESS: ~OO ~"., ~o"v:; ~^ ~-kr-
SUBDIVISION NAME:
C:~Y: &r~,
STATE:
j"JG
ZIP CODE:
2-- 7Lf07
?~OJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
~~:LING ADDRESS ABOVE) :
TELEPHONE NUMBER (HOME):
~~5fZ- PA~A>-(
(WORK) : ~/O 2ffl Cfz.,oo
~. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CO~PORATE OFFICIAL, ADDRESS,
P:iONE NUMBER:
H;-. J () hY1 J'-1 v<;. 1-0
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
r-'_;P OR AERIAL PJj.G.TOGRAPHY WITH SCALE) : /" _. J .
COUNTY: (;ru/H-lYd NEAREST TOWN OR CITY: l..Jr-u/lS~O
1
~
SPECIFIC LOCATION (INCLU~E ROAD
NUMBERS, LANDMARKS, ETC.):
Scul-hWlbt--
J Crr-..tert<;boY'O, nUJ.~ U>CI+ /2.0 a+ T-8c;
,
/;rf~""mlff&-\-!- -!-r(WI-~ uP
!ZecId/~~ 'Cr~~/CKf-r l2/v~
6. IMPACTED OR NEAREST STREAM/RIVER:
RIVER BASIN: Gpe.. -Fet:ty--
la. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TID~~
(SA), HIGH QUALITY WATERS (HQW), OUTST~~DJNG RESOURCE WATERS
SJPPLY (WS-I OR WS-II)? YES (] NO P1r IF YES, EXPLAIN:
SALTWATER
(ORW), WATER
ib. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
~~AGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [] NO [ ]
Ie. IF THE PROJECT IS LOCATED WITHIN A 'COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
Sa. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
:HIS PROPERTY? YES ~ NO [] IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ~~Y ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION) : (qq z.o'2-~~O
5.ee ~Hae-Jv..d repo~f-
Sb. ARE ADDITIOpAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [~ NO [] IF YES, DESCRIBE ANTICIPATED WORK:
1C;~e. alf-advui YfPJrl-
9a. ESTI~~TED TOTAL NUMBER OF ACRES IN TRACT OF LAND:
:t /200 A<:..
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
Ch.rB Au.es O~ JUYl!d({-/.-h~ Wu--fvruf -fk U.~.
2
lOa. NUMBER OF ACRES OF WETLANDS'IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: . v:; /0 , B>o ca. . EXCAVATION:
FLOODING:
OTHER:
DRAINAGE:
TOTAL ACRES TO BE IMPACTED:
. V;; 1-0 . 30 t,U:.,-a..
lOb. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION) :
LENGTH BEFORE: :t 1201 FT AFTER: ;t '2.0' ,,,, CI.IIY<"+ FT
WIDTH BEFORE (based on normal high water contours) :
FT
WIDTH AFTER:
FT
AVERAGE DEPTH BEFORE:
FT AFTER:
FT
(2) STR~AM CHANNEL IMPACTS WILL R~SU1T FROM: (CHECK F~L T~;T APPLY)
PLACEMENT OF PIPS IN .CHANNEL:
~
OPEN CHANNEL RELOCATION:
CHANNEL EXCAVATION:
CONSTRUCTION OF A D~~/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED D~~INING TO THE POND?
WHAT IS THE EXPECTED POND SURFACE AR~~?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY) :
fZ=d &&56"'1 -10 rLac/.. pp/uJ w.J.t... 13vs:'''''''''' t.-fK
-!'l~rrffi{j~ - e-- a /l-a.dvuJ r...I!f'() ,..{-
13. PURPOSE OF PROPOSED WORK:
$"'ee... 0..1-1 M~ r-l-p()y'1-
:3
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS) :
S<e- aflzu..Jvd r..t.fo/'l J;r ~p/al'1~-hCY\ tJ/id
rn (/1II'n(~cY1 OLJd 1?1 '-hue< -hCkl /Y14:lfcJ/"..e.(
~lS. YOU ARE REQUIRED TO CONTACT THE U.s. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR
PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITIC~~ P~ITAT
IN THE PERM:T AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE
CONTACTED: (ATTACH RESPONSES
FROM THESE AGENCIES.)
~ 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED:
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [] NO ~(IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENV!RONMENTAL
POLICY ACT?
YES [ ] NO [ ]
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [ ] NO [ ]
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369.
~ ~/I 5t+PU AA<A UJf"W'.s ~r1.mer:-h. AaV!.- /xv. /'yJ"F ePI-
, L.vtH- p;r.t.V(~ &Pf7I(U;...-hcJh~ rv..cI ScJhMI.J.fcJ~ OY\, fk. fr'l(J .
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL
INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26,
29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MOST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1
INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
IMPACTED BY PROJECT.
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COpy OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY?
S~e- ;;;~ ~ ~V:::2~~ CrJj6€-) r<<dU1h~( I
(if\o<. _ II7~L~ _.f2'fr Ie..- _ ({. ~~_ ~ l-
I
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
f1Jn((/~pQ-1 5a/l~r-1 ~(.....,~
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICA3:E.
NOTE: WETLANDS ,OR WATERs OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
o~~~
!1/l8/ql/
r ..
DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
5,
LEONARD S. RINDNER
Environmental Planning Consultant
Landscape Architecture
Land Planning
7113 Hickory Nut Drive
Raleigh, NC 27613
(919) 870-9191
November 16,1996
Mr, John Thomas
US Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls ofNeuse, Suite 120
Raleigh, NC 27615
Mr. John R. Dorney
NCDEHNR - - Department of Water Quality
Environmental Science Laboratories
440 I Reedy Creek Road
Raleigh, NC 27607
Re: Request for NWP 14 - Access to Approximate 16 acre parcel from Grandover Parkway. Guilford
County. NC
Dear Sirs:
On behalf of my client, Mr. John Musto of Koury Corporation, I am requesting your review of the enclosed
plans and information concerning the development plans for your consideration and approval under
Nationwide Permit #14. Based on discussions with John Thomas of the USACE this road crossing would
be eligible for Nationwide Permit # 14 provided that standard conditions are met.
Background
Koury Corporation is in the process of purchasing a parcel that has important and desirable frontage on
Business 1-85 for future development. The location of the access point from Grandover Parkway has been
determined by the following circumstances:
- Aligns with Dover Park Road
- Existing median cut that will allow important left turn access to the site.
- Roadway access to the site is feasible and would be within the roadway design slope requirements.
Alternative Anall'sis
- Median cuts on Grandover Parkway may not be closer than 900' apart. The first available access point
beginning at Trailwood Drive moving east does not have a median cut and therefore would not currently
allow left turn access from Grandover Parkway coming east from Groometown Road. It also does not align
with an existing curb cut across Grandover Parkway.
If a median cut is allowed to afford this left turn access, then impacts to wetlands and waters of the U. S, to
make the crossing would be minimal. However based on grading studies conducted by the engineers and
planners, access to the remaining developable portions of the site could not feasibly and practically be
achieved, In order to meet the maximum roadway slope requirement from this access point the entire site
would have to be cut 15' to 20' or more. The elevation of any structure on this site would be below the
elevation of 1-85 and therefore lose the critical and economically desirable frontage, The soil survey also
identified Pt (Pits) on a major portion of the site. These are areas where the original soil material has been
removed or altered beyond recognition.
Mr. John Thomas, Mr. John R. Dorney, NWP 14 - Access to 16 acre parcel
Page 2, Novemeber 16, 1996
This unit is made up of borrow pits, quarries, and sanitary landfilIs. Surrounding areas consist of Wilkes
sandy loam which have a depth to bedrock from 40" to 80" (approximately 3 1/2' to 4 1/2') according to the
NRCS Soil Survey. Therefore cutting into this area could be severely limited.
Ifnecessary this study can be further schematicalIy developed for your review.
Minimization and Mitigation
Width of the filI wilI be limited to the minimum necessary to make the crossing. Side slopes will be 2: 1 or
greater. The impact area is expected to be approximately .25 to .30 acre. Note that large portion of this
specific wetland area has been previously impacted by others during the installation of a sanitary sewer line
and that the contour of area was not restored to previous conditions
Best Management Practices wilI also be employed to minimize impacts to Jurisdictional Waters. This wilI
include:
Siltation Barriers
Sediment Traps and Diversion Ditches
Barricades to define construction limits to sensitive sites and to protect trees
Preconstruction meetings
Other methods as appropriate
Vehicular access will be restricted to specific areas to avoid disturbance to adjacent wetlands and
natural areas to be preserved. Methods to prevent short term impacts will be inspected regularly and
maintained during construction of the project. Wetlands to be preserved will be clearly marked prior to
construction to prevent accidental damage to wetlands. The contractors will be held responsible for
unauthorized wetland damage not permitted according to plans and specifications.
Short term construction impacts, primarily stream sedimentation will affect aquatic habitat,
however this will be minimized to the extent practicable to promote rapid recovery. Project construction wilI
strictly adhere to an approved Sedimentation and Erosion Control Plan. Best Management Practices will
include utilizing siltation trapping ponds and other erosion control structures where appropriate. Impacts
from hazardous materials and other toxins to fish and aquatic life such as fuels will be avoided by not
permitting staging areas to be located near surface waters. Also, as required by the 401 Water Quality
Certification conditions, measures will be taken to prevent "live" or fresh concrete from coming into contact
with waters until the concrete has hardened.
Proposed Compensatory Mitigation
Koury Corporation recognizes that this wetland crossing, even though based on circumstances beyond
practical control, occurs at the widest area of this intermittent stream/wetland complex and will further
degrade the former natural conditions. As you are aware the lower portion of this complex from the
powerline clearing to Reddick's Creek is now a rip-rap channel due to road construction. In the future Koury
Corporation will likely request a permit to restore this area to a more natural setting including large water
quality pond, littoral fringe, and tree plantings. However, this will need to be part of an Individual Permit. In
order to mitigate for the proposed wetland impacts associated with this particular road crossing Koury
Corporation will expand the high value scrub/shrub wetland at least 20' wide in the powerline easement.
Also the contours of the wetland area above the road crossing which were disturbed by the sanitary sewer
installation will also be restored and seeded. This mitigation work will occur concurrently with the road
crossing construction.
Mr. John Thomas, Mr. John R. Dorney, NWP 14 - Access to 16 acre parcel
Page 3, November 16, 1996
General Description of Proposed Mitigation Area.~
This proposed wetland mitigation site is expected to be seasonally inundated and saturated during the winter
and early spring and temporarily flooded during the spring and summer which similar to existing wetland
conditions. Hydrophytic vegetation will be planted with existing saplings of willow, alder, buttonbush, silky
dogwood, green ash, sweetgum, sycamore, and other saplings. As part of the specific mitigation plans and
construction documents a list of specific plant species and quantities will be prepared for approval by the
USACE and the NCDWQ.
The specific plans will include:
1. Description of Proposed Mitigation Areas
2. Planting Plan
3. Progress and/or Monitoring Report
8. Mitigation Plan Schedule
The mitigation site will be planted at an initial density of approximately 500 trees woody stems per acre by
utilizing a combination of relocated saplings and bare root seedlings. In addition to woody species,
herbaceous plants wilI be relocated or wilI be planted in a random / naturalistic pattern and diversity. Trees,
shrubs, and herbaceous plant materials will be selected from the following list.
Scrub/Shrub
Alnus spp.
Cornus amomum
Salix nigra
Betula nigra
I1ex decidua
Viburnum dentatum
Cephalanthus occidentalis
Lindera benzoin
Others that are approved
Herbaceous
Zone 1 - Wetland areas in temporarily saturated soils or subject to occasional and brief inundation
JWn ~ Bak
April 1 - Jul. 15
Red Top Grass
Smartweed
7lbs/acre
20 Ibs /acre
Jul. 16 - Sept. 1
Temporary Crop
Jap. Millet or Sorghum 20 Ibs /acre
(to be followed by permanent mixture)
Sept. 2 - Nov. 1
Smartweed
Red Top Grass
20 Ibs /acre
7 Ibs/acre
Nov. 1 - March 31
Temporary Crop 40 Ibs /acre
Wheat or Winter Rye
(to be followed by permanent mixture)
Other native grasses or annuals may be selected No fescue will be used in wetland areas
Mr. John Thomas, Mr. John R. Dorney, NWP 14 - Access to 16 acre parcel
Page 4, November 16, 1996
Zone 2 - Wetland areas prone to persistent flooding or ponding
Moist to 1 Foot of Water
Three Square Bulrush
Creeping Spike Rush
Soft Rush
Sedge sp
Lizard Tail
Zone - 28
Shallow Water Plants
Sweet Flag
Arrow-Arum
Duck Potato
Pickerel Weed
Planting shall be in naturalistic / random clumps to encourage diversity. Size at planting and variety may vary
based on availability, cost, and aesthetic objectives
The mitigation site will be planted at an initial density of approximately 500 woody stems per acre planted in
a random pattern to match adjacent conditions in surrounding wetland areas. Herbaceous species will be
planted at a rate of 1000 clusters per acre or wilI be seeded when possible with a wetland seed mix which
will result in a coverage of at least 100 stems per square meter upon germination. Survival rates of seeding
versus individual plants will be explored for each species selected based on availability, site specific data, and
cost factors. All new plantings will consist F ACW and OBL species. Planting will be conducted in the spring
and the fall. Annual ryegrass or other annual vegetation will be utilized in order to provide temporary
stabilization during the summer and winter months or until planting times become available.
Existing wetlands and surface waters will be protected from erosion and sedimentation during construction
and installation of the mitigation sites. Control structures such as sedimentation traps, siltation barriers,
and/or at a minimum silt fence will be utilized as necessary.
Stormwater Management Plan
A Stormwater Management Plan will be designed and implemented for the project to meet the 401 Water
Quality Certification requirements. Stormwater runoff from paved surfaces and landscaping has the potential
to degrade water quality in all types of waters. Wet detention basins shall be the primary treatment system.
Properly designed wet detention basins have been proven to be a viable solution to reduce pollution. They
are efficient in removing suspended solids and other pollutants, reducing peak runoff rates, and controlling
downstream erosion. There is also a potential aesthetic value if the pond's can be designed into the overall
plan.
Stormwater Management Plan Concepts
Stormwater management becomes necessary when increasing the impervious area within an existing natural
area. The impact of the increased runoff and reduction of natural filtration will be analyzed with respect to
the capacity and stability of natural channels and the presence of environmentally sensitive areas. The pre
and post-development runoff will be determined and used as the basis of stormwater management
techniques. Special consideration will be given to avoiding erosion and degradation of environmentally
sensitive areas, wetlands, and surface waters.
Mr. John Thomas, Mr. John R. Dorney, NWP 14 - Access to 16 acre parcel
Page 5, November 16, 1996
The Stormwater Management Plan will include:
A. Wet Detention Basins that will attenuate 1.0 inch of rain fa 11 over a 24 hour period for high density
sites including office, commercial and business uses.
B. Utilization of wetland mitigation areas where possible to increase filtration.
C. Riser outflow structures to maintain a pool and encourage filtration.
D. Directing runoff into natural areas and wetland/biofilters to treat runoff before entering surface
waters.
E. Maintaining natural and planted areas between the developments and
Jurisdictional Waters.
F. Development of a wetland littoral shelf where feasible in shallow areas.
The planners will utilize information and guidelines provided by the North Carolina Department of
Environment, Health, and Natural Resources in developing the design of wet detention basins.
Plans and Monitoring
Detailed plans for the mitigation areas will be further articulated from the information included in this
document. These plans will be submitted to the USACE and the NCDWQ for approval. Plans will include:
Site Preparation Requirements
Vegetation Requirements
Tracking and Monitoring Requirements
A monitoring program will be developed to monitor the mitigation areas to include:
Vegetation Parameters
Species Composition and Abundance
Survival
Growth
Monitoring of vegetation will be conducted on a semi-annual basis according to the following general
procedures.
A. Measure growth, species diversity, advise on removal of invasive species.
B. Establishment of a representative sample observation plot of at least 30' radius to record the
number and species of each surviving woody stem and the percent aerial cover of the three most dominant
specIes.
C. Within the 30' radius area a 10' radius area will be established to record the three dominant
herbaceous species.
D. Periodic site VISItS will be conducted for maintenance, aesthetic purposes, and possible
modifications to increase survival rates.
Mr. John Thomas, Mr. John R. Dorney, NWP 14 - Access to 21 acre parcel
Page 6, November 16, 1996
E. Field data will be recorded on a monitoring data form and submitted along with representative
photographs in a annual monitoring report. This will be submitted to the USACE and the NCDWQ. At the
end of the third year a report will be prepared for review and to determine the need for future monitoring or
modifications.
Semi-annual Progress Reports will be prepared which summarizes the data colIected in the field and notes
trends. Photographs at fixed stations will be taken to document the trends and changes occurring at the sites.
These reports will be furnished to the Corps of Engineers and the North Carolina Department of Water
Quality. After the third year of monitoring, a summary report and as-builts will be furnished for review and
discussion regarding compliance of the project with conditions of the permit.
Success Criteria
The data collected during the monitoring period wiII be utilized to evaluate the success of the mitigation
areas. The success criteria wiII be as follows:
Soil saturation within 12 inches of the surface for a minimum of
approximately 12 consecutive days during the early part of the growing season.
Establish at least one hydrology indicator per the 1987 USACE Wetland
Delineation Manual in the sample plot or match adjacent riparian habitat
surroundings
Establishment of at least one hydric soil characteristic or match adjacent
riparian habitat surroundings.
minimum 60% survival rate for planted saplings or other planted
vegetation.
These Vegetative, Soil, and Hydrological Characteristics must be met to determine success of the wetland
mitigation. If the mitigation is determined to be unsuccessful the following one or more of the following
contingency plans will be implemented.
1) Selected re-installation of vegetation, thinning, and/or acceptance
2) Hydrological modifications or manipulation and/or
3) Off-site mitigation sites.
Schedule
Grading, instalIation of water control structures wilI be built concurrently with project construction which is
expected to begin in the fall and winter of 1996. Vegetation planting and instaIlation is expected to be
conducted in the dormant season of November, 1996 through March, 1997. This will alIow the hydrological
and soil conditions to be prepared and adjusted if necessary before planting to optimize the success rate.
Temporary crops in these areas may be required until plant materials are installed.
Conclusion
The goal of the planning and compensatory mitigation is to balance the environmental consequences of this
intense development by creating beneficial wetland habitats and protecting water quality. The mitigation sites
will be preserved by the applicant or by a group designated by the owner for this purpose. They will be
managed as a wetland system of high value.
Mr. John Thomas, Mr. John R. Dorney, NWP 14 - Access to 16 acre parcel
Page 7, November 16, 1996
Please contact me if you have any questions or require additional explanation. I would be more than happy
to meet with you at the site at your earliest convenience at the site, if necessary. Thank you for your
consideration.
Leonard S. Rindner, PWS
Environmental Planning Consultant
NC Landscape Architect #578
cc. John Musto - Koury Corporation
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ate -t 41)0' OIS'TU~
r //W;tl~~d//~~;///(;~l;ct//~;~);///// //////////////////////////////////////// /~//////// /////////r/////////////////////
! 0 B.91tomland hardwood forest D Pine savanna
i 8"'Fieadwater forest D Freshwater marsh
~ 0 Swamp forest 0 Bog/fen
~ 0 Wet flat 0 Ephemeral wetland
~
~ 0 Pocosin D Carolina Bay
11
~ 0 Bog forest 0 Other
~
~ *The rating system cannot be applied to salt or brackish marshes or stream channels ~
7////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////'l
~ ~ I weight ~
~ Water storage x 4.00 = ~
/ /
~ A Bank/Shoreline stabilization /7 x 4.00 ~/
/ /
/ ..., /
~ 1 Pollutant removal ~ * x 5.00 = ~
~ J ~
~ Wildlife habitat l x 2.00 ~
/ n /
/ U /
~ Aquatic life value 2- x 4.00 ~
/ /
~ ~n ~
~ U~ Recreation/Education 1 x 1 .00 ~
~ ~
~ G * Add 1 point if in sensitive watershed and> 10% non point disturbance within 1/2 mile upstream, upslope, or radius ~
~/////////////////////////~'//////////////////////////////////////////////////////////////////////////////////////////////////////////////////~
57
Project name (~CN~
County. {~II-lbt:d Wetland area.3 .t;o
Name of evaluator
Nearest road (y~D.tU'" P~r'~~
acres Wetland width ~I...J.,~ ~c-o feet
Date % ILIO' "F~ m.-k
~v/////// /// ////////"///// // ////'////////// // /////. /////////////////////' /////////////////// ///////////////////r//'//////////////////
.
I Wetland type (select one)*
I 0 ~ttomland hardwood forest 0 Pine savanna
1 CYHeadwater forest 0 Freshwater marsh
~ 0 Swamp forest 0 Bog/fen
I 0 Wet flat 0 Ephemeral wetland
!i 0 Pocosin 0 Carolina Bay
ij
i 0 Bog forest 0 Other ~
~ *The rating system cannot be applied to salt or brackish marshes or stream channels I
7////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////'i
~ !R weight ~
~ Water storage ~ x 4.00 = ~
" I'
~ Ii!;; rr'" ~
;. M Bank/Shoreline stabilization "2 x 4.00 = I-
~ ~* ~
" 1 Pollutant removal ---L-..:: x 5.00 = I'
~ ~
" '2.. I
~ n Wildlife habitat -.:/ x 2.00 = ~
~ U ~ ~
~ Aquatic life value x 4.00 ~
" I'
~ ~n I ~
~ U~ Recreation/Education x 1 .00 ~
~ G * Add 1 point if in sensitive watershed and> 10% non point disturbance within 1/2 mile upstream, upslope, or radius ~
~////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////~
57
IN REPLY REFER TO
DEPARTMENT OF THE ARMY
WILMIN,GTON DISTRICT, CORPS OF ENGINEERS
P.o. BOX 1890
WILMINGTON. NORTH CAROUNA28402-1890
September 14, 1994
Regulatory Branch
Action ID No. 199202850 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Sedgefield project
C/O Koury Corporation
400 Four Seasons Town Center
Greensboro, North Carolina 27407
Dear Sirs:
Reference is made to mor letters dated September 1, 1992, and August 30,
1993. These letters authorized 5.0 acres of impacts to waters and wetlands of
Reddick's Creek, unnamed / above headwater tributaries of Reddick's Creek, and
Jenny Branch associated with the proposed Sedgefield Project located off of
Wiley Davis Road, Greensboro, Guilford County, North Carolina.
Reference is also made to your request of May 3, 1994, for additional
development of the Sedgefield Project. Review of your request shows you
propose an additional 4.69 acres of impacts to the above headwaters
tributaries of Reddick's Creek and Jenny Branch. Authorization of this
request would result in accumulative impacts of 9.69 acres of aforementioned
waters and' wetlan~s for the Sedgefield Project.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR) , Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization was
provided, pursuant to Section 404 of the Clean Water Act, for discharges of
dredged or fill material into headwaters and isolated waters.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions and provided
you receive a Section 401 water quality certification from the North Carolina
Division of Environmental Management (NCDEM.) You should contact Mr. John
Dorney, telephone (919) 733-1786, regarding water quality certification. This
nationwide permit does not relieve you of the responsibility to obtain other
required State or local approval. Xn addition, to compensate for impacts to
waters and wetlands of Reddick's Creek, uDlul...d / above headwater tributaries
of Reddick's Creek, and Jenny Branch you must implement and comply with the
attached mitigation plan that you have developed in coordination with members
of my ..taff and the staff of the North Carolina Division of BnviromMnta1
Kanagement (NCDBK.) Construction of the mitigation sites will be initiated at
such time to provide for planting of vegetation the first suitable planting
period (December 1 through March 15) following commencement of the proposed
additional development. If you cannot meet this timetable due to construction
staging, you should submit written documentation to this office justifying the
reason for a delay, as well as the anticipated date of mitigation
construction. Also, please pay attention to Condition 12 of the enclosed
general conditions which addresses Historic Properties. Reference is made to
the attached Progr.....tic Agre...nt dated Septeaber 9, 1994. YOU.wlt
implement and comply with all conditions of this agreement to satisfy concerns
of impacts to the Stephen Gardner Bouse / Gold KiDe Historic Site. Non-
compliance with this agreement will be consider a violation of the conditions
of this permit. .
-2-
This verification will be valid for two years from the date of this
letter unless the nationwide authorization is modified, reissued or revoked.
Also, this verification will remain valid for the two years if, during that
period, the nationwide permit authorization is reissued without modification
or the activity complies with any subsequent modification of the nationwide
permit authorization. If during the two years, the nationwide permit
authorization expires or is suspended or revoked, or is modified, such that
the activity would no longer comply with the te~ and conditions of the
nationwide permit, activities which have commenced (i.e., are under
construction) or are under contract to commence in reliance upon the
nationwide permit will remain authorized provided the activity is completed
within twelve months of the date of the nationwide permit's expiration,
modification or revocation, unless discretionary authority has been exercised
on a case-by-case basis to modify, suspend, or revoke the authorization.
Questions or comments -may be addressed to Mr. Thomas, Raleigh Regulatory
Field Office, Regulatory Branch, telephone (919) 876-8441.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copy Furnished (with enclosure) :
~Land Design Inc.
C/O Mr. Edward M. Schweitzer
Post Office Box 11938
Charlotte, North Carolina 28220-1938
Copies Furnished (without enclosure) :
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Regional Office Manager
North Carolina Department of
Environment, Health and
Natural Resources
8025 North Point Boulevard
Winston-Sal&m, North Carolina 27106
,'. ..,: '. ..'. .~. . :tI' n'l,ft""" un -:; ~ ;.;~':"i"'.;'::- ::...:..... . ,: '.
. ''': ..... . , . . . ~-.u.&"""" 104o''"'!t '...0..",. \., '... '.'~.'
~'~:.:~~~."X~~',::.."'.;.'.:'>' -a:::":';; ~ .' !-'. ..~t<.t~.:~:../>,.~ ~1.;;:.:< .':\:.~ '.
..... .... .. .c1J.:!tl.onc. ., t... ....."..
~":...._...~:~~ ~~.~~~~. .:~ .: ~:.....,...~, .. :ti........,~. .-:.... ~....;.,:.,>~,..:.:. :.....~. .
. t...... C~C2erva on... ..,.,.' .. .
.r~~;'( /.: '.' .;. : \ ...;..,... .-;.; .-t', .'J'" ..... ...., .......:. :;;'.;'.:,~ ~ ::-~. ~ ;-...
The Old Poet omce BWld!nI
'1:100 PeziDsylvaUa Avenue. ~ ,eog
\\Uh1ngtan. :DC 200()4.
c:"'p
....t:.
9 1994
Colonel Robert J. Sperberg. U .SA
District Etig;1'lM1'
Wi1m-in;on Di~ct, Corps ofEneineers
DepartmentoC~Y
P.O. BO:l1890 .
Wl1miIlgton, NC 28402.1890
W: Stephen Ga.-dner HOU4G and Gold Mine Site
G:-eenaboro, Guilford County, North Carolina
Phase II of the Sedge1ield Development and. Wiley Da-ria ~ Improvements
Dear Colonel Sper~
"
Encloaed is ~U1' eo~y of the fully execu.ted Procrammatic Agreement for tha
ref'erm~ project. By ~ out thta tenna otthe A8re4nn~J"(f:, you will m1S1 your
respo~bi1itie8 under Section 106 of the National Historic Preservation Act and the
Cotmdlls rs"iuIations. A copy of the Ag%eement baa also been sent to the North
Carol.ina State F.istoric Preservation omcer, and the Orig;nAl willl"'fmf;n = me at
our oSee. .
Should you have any questions, please contact Ralston Cox .t (202) 606-8805.
extension 230. Tha:ok you far ymu' cooperation.
Eastern OffieQ olhview
~t/~(.l'",
~~:~l ~A~t-~~-~~
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.. ,~':."I',:."". . .,,~...,.., -,.. ......'::....;.( \ '. /" .' I..;.,....\...,~.~..,'''./~..............."... ".1~. A
...;.~.-:::~~.<~.::.~.:.~..;~~:...'..:~:..;:.:......,~...~~V""~''':''.~'~~~<~''>;:~:~:'',' :......:. '", . ..' ',' ~ .'._........-;....:..~......~~'..,..:~:,~:.~:..~.;.~::~.; ",'..:"" . ,.>:'.;~ ''-:~~':..:'.,:.
'.. .. _.... '.. .' ". '. ......... ...... PROG" A. ",*U.lnc AI'!'D~~E.NT ,.' ... ,. . '~."'., .
:::;">:':.:',"'f. :..' '. ,~.../~...::,,>..- ::....}.:. ~.; ..... . . ~T.u",,^ UA.C~U ~ ;~':.'..: ;;~., .' 1~r:"IIL' . .. ....".. :.
..~..... .~..;.<.,:...;.,...'....,...,. .... ..... '" AMONO' ....:..f':..;........ ....\1 ~TOp,yP.::4N"'H
:'.;"~-'::'~' ~;~';....:..'~ ....~1:..~ ;~~: .'.<<-::~'~:::!~ ~:~'.'.;'.j~;:..">,. ~. ~ ..... -. .. " '.. :"':'..,... .~." .~~~~. ''',~' , .'. .~ .:;>..:..~-:.;.,~"~ .'
.,~"'. .~ -:' ,',' ,".:::: ,:".:;..,...". ....,. ~.' ." mE US ARMY CORPS OP ENOINBERS, .... . ::.. .
::. -r. . '. ;'7'"'' -::.:.'THE ADVISORY COUNCIL ON HISTORIC PRESERVATION ..
AND THE NORTH CAROUNA STAl'B HISTORIC PRESERVATION OFFICER
REGARDING THE ISSUANCE OF DEPARTMENT'OP THB ARMY PERMITS FOR
PHASE II OF nm SEOOEFIBLD D!Vm.OPMENT Ptt01ECT AND
IMPROVEMENTS TO W'ILEY DAVIS ROAD
IN GREENSBORO, NORm CAROUNA
WHEREAS. the Army Corps of BImnem (ACOE) is considering issuance of
Department of the Army ~nnits for Phase II ot the Sedgcf1eld Development Project and
ImprovementS to Wiley Davia aoad; and
. WHEREAS. the ACOE baa determ.iDed that Portions of the work covered by the
issuance of ~ita for the Sedgcf1eld II Development Project and Imnrovements to Wiley
Davis Road will have an effect upon the S~hen Gardner House/Gold Mine Site, a property
included in the National Regi!ter of HistoriC Places and bu consulted -,nth the AdviSorY
. Council on Historl~ Pmsemtion (CouncU) and the North Carolina State Historic Pteservatioft
Officer (SHPO) pursuant to Section 800.13 of the resu1ations (36 CPR Part 8(0) implementing
Section 106 ofthc National Historic Pmervatio11 Act; (16 U.S.C. 470.0; and .
WHEREAS, Koury Co~tiont owuers of the gold mine ~t1ion of the historic
pro~t'y I will apply fer penuitl {or development of the Sedaeti~ld-[I OevelopmcDt Project;
a.nd .,
WHERBAS, the North Carolina Department of Tl'tnSpOrtation (NCDOT) hu entmd
into a cooperative agreemem with Koury C~tiOft to constrUct the Im~rovemems to WUey
Davis Road and abandon the portion of WIley Davis R.oad within Koury Corporation's
property and maintain the rlghtooOf-way for the portion of WUey DaYlI Road C\1taide the
boundaries of Koury Corporation's property, aix1 will apply for Department of the Army
petmits for. theIe improvementl; and
. WHEREAS, the Cl~ of Greensboro (City) 1w identified a portion of WUcy Davis
Road outside or the Sedsefii=ld n Developm.mt Project In a Growth: Study.Plan and a portion
of this area is on the Oreenaboro side of an a~tion agreement line with 1amestown and
High Point; and
WHEREAS, if tb.c City annexca any of t1m area, the City may provide additional
im~rovements to the roadway and assume responsibUlty for maintaining the right-of-way for
Wiley Davis Road; and
'WHEREAS, Koury Corporation, NCDOT, the CIty. and John Louis Overly and
Sandra Wiley Overly t ownm of the Stepben Ot.rdner House, participated in the consultation
and have been invited to ccmcur in this Pro~tic Agreement;
NOW, THEREFORE, the ACOB, the COU'l1Ci1, and the North Carolina SHPO laree
that the issuance ot Department of the Anny ;mmita for Phase n of the Sedaetield
Development Project and Improvements to Wiler pavia Rotd shall be admini!teted in
acco~ with the following stipulations to Slt1tfy the ACOE's Section 106 responsibility for
all individual pcnnit! Cor these projects.
"
United States Department of the Interior
FISH AJ.'\fD WILDLIFE SERVICE
R~leigh Fie!d Office
Post Office Box 33726
R~Jeigh. Nonh Carolina 27636-37:!6
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. JIU2.0 1- J 0("3 INST)"NT ro:ny
Please exc~se this fo~. We t~ough~ you ~culd pre:e= a speedy reply to a
fo~al let~e=. This fo~ se~Tes t~ pr~v~de cr.S. Fish and Wildlife Se='lice
recommendations pu=sua.."lt to Section 7 of tl'te E:1dange=ed Species Ac~, as
amended (16 a.s.c. 15Jl-1543).
~suf ~Lt 0Jl1-uf1 ,
pro.Jec-:. Name t
\J u- LL- 1 I q '7.;t..
Da~elot ~ccm~~g Lat-:.ar
. ~id..u,-kaJ'.~~C!..l'J ~1::f~+
-KlYl<-<-a C&fOl~ I ~~c,( La",,^--to
Re:
1
8ased on ou= records, there a=e no :ede=all'l-listed endance=ed or
t~=~a~ened species which ~ay cc=~= withi~ the projec~ i=~ic: a=ea.
The attached page(s) list(s) the Fede:ally-listed species ~hich
may occ~r ~ithi~ the projec-:. ~pac~ area.
If t~e proposed project ~ill be .removL~g pines greater than or e~~al
to 3Q yea=s of age in pine or pine/hard~ood habitat, sU:7eys should
be conducted for ac~i'le red-cockaded woodpecker cavity trees i~
appropriate habitat withi~ a 1/2 ~ile radius of project boundaries.
If red-cockaded woodpeckers are obse~Ted with~ the project area or
active cavity trees found, the project has the potential to adversely
affect the red-cockaded woodpecker, and you should contact this
office foe fur~her in!o~aticn.
C~nc~r - Is not likely to adve:sely affec~ Federally-lis~ed
endangered oe threateded species.
Staffing li~itaticns peevent us f=c~ conducti~g a field i~scecticn
of the project sice. Therefore, we ace unable to provide y;u
with site specific recommendations at this tL~e.
Questions regarding this !o~ letter may ce di:ected to the biologist who is
handli~g this project.
t~~J;0Td~ 'J
io log is ()
~/Sl7~
I {lace
CONGIR:
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