20041920 Ver 2_Staff Comments_20091026

Gilleski, Lia
From: Jennifer Archambault [e-mail]]
Sent: Monday, October 26, 2009 10:17 AM
To: Gilleski, Lia
Subject: copy of Itr to USACE for 3d Fork Creek
Attachments: letter to USACE-permit mod. 10-16-09.pdf
Lia,
I hope things are well with you. I've attached a copy of a letter I recently submitted to the USACE regarding the
Third Fork Creek Greenway project that we recently permitted (DWQ EXP No. 04-1920v2).
As the letter explains, Eric Alsmeyer (USACE) called me about a repair area that was included in the project
design ...an area that had been eroded by beavers, then scoured. Let me note here that the project design is exactly
the same as what you reviewed during permitting. Nothing whatsoever has changed. This is an area that they'll just
bring back to original grade, which to me, still is not an impact. Anyway, Eric wanted to account for this area in his
numbers and asked that we request a permit modification for the repair. We had a lengthy conversation & it's my
understanding that he'll simply issue a revised permit upon processing my letter.
I just wanted to copy DWQ so that you're in the loop. Please let me know if you have any questions after reviewing
the letter. It clearly references the area in question. I don't anticipate any action will be needed by DWQ since you
all did a thorough review, but let me know if you think differently.
Thank you,
Jennifer M. Archambault
Wildlife Biologist
Dr. J.H. Carter III & Associates, Inc.
Environmental Consultants
515 - F Midland Road
Southern Pines, NC 28387
[phone]
[phone] (fax)
[phone] (mobile)
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DR. J.H. CARTER III & ASSOCIATES, INC.
Environmental Consultants
P.O. Box 891 • Southern Pines, N.C. 28388
[phone] 9 Fax[phone]
15 October 2009
Mr. Eric Alsmeyer
US Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
SUBJECT: THIRD FORK CREEK GREENWAY, SOUTHERN TRAIL
ACTION ID 2009-01608; DWQ EXP # 04-1920v2
Dear Mr. Alsmeyer:
This letter is in reference to our recent conversations regarding the recently issued Nationwide
Permit No. 14, dated 8-28-2009, for the Third Fork Creek Greenway, City of Durham, Durham
County, North Carolina (NC). During the permitting process, it was determined by both the NC
Division of Water Quality (DWQ) and your review for the US Army Corps of Engineers (USACE)
that the proposed jurisdictional impacts for this project were 0.37 acre of wetlands and 157 linear feet
of intermittent/ unimportant stream. It is my understanding that in a review of materials during your
filing after issuance of the USACE permit, you became concerned about a "stream repair area" labeled
on the project design. For our records, I have documented relevant details of our discussions and
discussions with Coulter, Jewell, Thames, P.A. (CJT) (the project engineers) below.
The "stream repair area" is located within project Sector C at Wetland F and is depicted on
Sheet Number CD-18 and detailed on Sheet Number D-4 of the submitted drawings. This area has
been impacted by beaver activity in the last 18 - 24 months. Beavers have created a slide and removed
the vegetation along the stream bank, causing erosion. During bank-full or over-bank events, water
has eddied and further eroded this spot. The erosive activity has removed the level surface on which
the proposed trail is to be built and will continue to worsen if it is not repaired. Additionally, one or
both of the sanitary sewer mains within the easement will eventually be exposed, having deleterious
consequences to the infrastructure.
The proposed repair consists of returning the eroded area to its previous elevation (level with
the adjacent land) and stabilizing the banks by replacing vegetation. All proposed work will be
conducted above the Ordinary High Water Mark. Since the intent is to repair recent damage and return
Endangered Species Surveys 9 Environmental Assessments • Land Management • Wetlands Mapping and Permitting
the area to its original wetland grade without additional fill material above that elevation, we did not
consider or include the proposed repair activities as impacts on the permit application or during the
permitting process.
During our conversations, you indicated that your position is: 1) this is a return-to-grade repair
activity; 2) the area was wetland before the beaver activity and the beavers/ erosion have made it
lower, and therefore wetter; 3) since the repair is in a regulated wetland, we must account for any "fill"
as an impact; 4) we must request a permit modification for the repair, including the amount of impact
and reason for the repair; and 5) a site visit will not be required.
A survey crew from CJT measured the proposed repair area last week. The entire area
measures 0.021 acre (910 ft), of which 0.0176 acre is located within jurisdictional wetlands. The
repair activity is necessary in order to create a level and stable foundation for the proposed trail and to
prevent future damage to the sanitary sewer infrastructure.
We respectfully requested a modification to the above-referenced permit for 0.0176 acre of
wetland impact at Sector C, Wetland F, in order to complete the proposed repairs. We propose no
additional mitigation, since the activity will simply re-establish the original elevation of the wetland.
Please contact me if you have any questions or concerns, or if you need any additional
information regarding this request. Thank you for your time.
Sincerely,
Jennifer M. Archambault
Wildlife Biologist
CC:, Mr. Daniel King - City of Durham
Mr. Dan Jewell - CJT, P.A.
Ms. Lia Gilleski - NC Division of Water Quality