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HomeMy WebLinkAbout19910258 All Versions_Complete File_19930823 TELEPHONED PLEASE CALL x CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE' YOU URGENT RETURNED YOUR CALL Message i (9' - Si d N.C. Dept. of Environment, Health, and Natural Resources ,?. _H ? _? _ ,? f?' WINSTON-SALEM ,JOURNAL Friday August 7, 1992 . Wetlands,. Win Ruling0ve'r U.Se 311 By Terry Marta A. Preston Howard Jr , the agency's director, set JOURNAL RALEIGH BUREAU the conditions an Wh 1S apparently North Caroli- If state highway officials build a bypass around na's rirst challenge-to highway planners' efforts to High Point through. one of the piedmont's last build through sensitive wetlands, which serve as stands of wetlands hardwood, they'll have to pre- natural filters to cleanse water supplies and ,are enof planenand animals. serve or create an acre of wetlands to match each often Ronald Et rare species that they destroy: - That was the ruling yesterday by the N.C. Divi- with the N.c•Water hady m whichSection, a psaid "Thi, ublic hear- sion of Environmental Management.in,response to the only project we've plans id send a bypass for U.S 311 through a,.:. ing was called on the wetlands issue, but it won't be tributary of Oak Ho11o;Aake, filling in 5.9 acres of See HIGHWAY, Page16 wetlands. - i - 5 H- IGHWAY Continued From Page 13 the last. It shows that times have ged." ctxan Ferrell said Howard ruled that the N. C. Department of 1Yansporta--. ti?h must enhance existing 'wet-' lands within the natural drainage area of Oak Hollow Lake or restore or:: create wetlands there in _ the same amount as the four-lane 'by- pass would destroy. `"Highway planners had argued in January that if they had to reroute the bypass to avoid- wetlands; .`it could delay-the project and add as: much as $2.5 million, to its cost. " Tkey had proposed instead that the„ department be allowed to'' preserve wlands in.Bertie County to offset L/ ,444e e v tik-se lost in High-Point. I Ruling allows highway ramp over wetlands O The N.C. Division of Envi- ronmental Management issues certification for the U.S. 311 Bypass - but with a condition that will be difficult to meet BY CINDE STEPHENS ?/ I 1 High Point Bureau j> 7• 9Z HIGH POINT - A highway ramp can be built across a natural filter at Oak Hollow Lake without damaging High Point's water qual- ity. That's what the state's Division ,of Environmental Management de- termined Thursday when it issued a certification for the U.S. 311 By- pass. But one of''two attached condi- tions will be difficult for the De- partment of Transportation to meet: .. • Transportation officials must find alternative sites in that same watershed where more natural fil- ters, called wetlands, can be cre- ated or restored. . • And those sites must then be approved by the Division of Envi- ronmental Management and the Corps of Engineers. So far, no such sites have been approved. "The DOT still has some work to do before the certification can be used," said Ron Ferrell, a wetlands scientist in the environmental man- agement division's Raleigh office. Cyndi Bell, a DOT environmental specialist who has coordinated the ml`had.hoped we had convinced them that those wetlands were, of a quality vital enough to protect. It'sa real breakdown in the responsibility that DEM has to protect the water. 0 June Stackhouse, leader of citizens' group search for wetlands, said one possi; ` ble wetlands site has been found. near the lake. A couple of others: inside the watershed also may qualify. "Really, it's going to be a patch- work," Bell said. - June Stackhouse, president of citizens' water group, was disap- pointed to learn of the DEM certifi,. cation. She thinks other wetlands within the watershed won't do the same filtering job as the one where- a highway ramp will be built. That particular wetland - lo- cated on Hiatt Branch and one of three main feeder streams for the., lake - is known as bottomland` hardwood and is unusual in the Piedmont. "I had hoped we had convinced, them that those wetlands were of a, quality vital enough to protect," Stackhouse said. "It's a real breakdown in the. responsibility that DEM has to pro tect the water." -Do V1Y /i HIGHWAY 311 BY-PASS The NC Department of Transportation applied to the Division of Environmental Management on September 23, 1991 for a 401 Water Quality Certification for wetland impacts associated with the construction of the U.S. 311 Bypass in High Point. The highway design submitted by DOT would result in the filling of 5.9 acres of wetlands in the Oak Hollow Lake watershed. Oak Hollow Lake is the primary water supply for High Point. A public notice was issued concerning the request because the impacts to wetlands were located adjacent to waters designated as water supply. Due to the comments received from the public and the City of High Point, a public hearing was held in High Point on January 7, 1992. In general, the comments at the public hearing supported the need for the road but requested that wetland impacts be minimized. Alternatives discussed included bridging the wetlands, relocation of ramp D, or mitigation within the Oak Hollow Lake watershed for the unavoidable wetland impacts caused by construction of ramp D. The hearing officer, Preston Howard, issued his recommendations on May 7, 1992. Mr. Howard found that alternative designs for ramp D that impacted less wetland acreage did exist. However, if the wetland impacts associated with the present design could be mitigated within the Oak Hollow Lake watershed a 401 certification should be issued by DEM. These findings were transmitted to DOT. DOT subsequently agreed to conduct the mitigation within the Oak Hollow Lake watershed on July 30, 1992. The Division of Environmental Management issued a 401 Water Quality Certification to the Department of Transportation on August 6, 1992 for the U.S. 311 By-Pass in High Point. The certification allows the DOT to fill 5.9 acres of wetland in the Oak Hollow Lake watershed for the construction of the 311 By-Pass and associated access ramps. The certification requires DOT to replace the wetlands within the Oak Hollow Lake watershed. The mitigation site and proposal must be approved by the Division prior to construction of the By-Pass. Staff of the Division will conduct a site visit of the proposed mitigation site on August 27, 1992. (=OR Wx?m N F~-..0.. 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QE ?_?a ?? m N?.'+? ?? 5 Iv RIP; a P S o Fv w e. ° `e m ke v? .°+ ti m a c °$af?B,° F8 Iwo v e ° P1 5t- e E m ?+ g ? v?'OC 7?O m ?•aHIM, a T.i ?f €kz.' §. , ?dm i t t m ? ? G'R7 G?igg1n3. i~ ?t 0 3. byp?QQS 666 ? O cw t? ? p0. ec it ?; a4 O I . a May 18, 1992 - Corps of Engineers requested revision of the permit application to include a segment of the US 311 Bypass with independent function and utility. July 30, 1992 - NCDOT requests issuance of Individual 401 Water Quality Certification, contingent upon compensatory mitigation within the Oak Hollow Lake Watershed. August 6, 1992 - DEM issued Individual 401 Water Quality Certification for R-0609D. August 27, 1992 - Field review of potential mitigation sites within the Oak Hollow Lake Watershed by DEM, COE, NCWRC and NCDOT. Mitigation may be conducted at up to six different sites and may include a combination of mitigation types (i.e. in-kind and out-of-kind, restoration, creation and enhancement) September 2, 1992 - Revised permit application submitted to Corps of Engineers. The proposal included the section of the High Point Bypass from the US 311 tie-in to the interchange at US 29/70, which would have independent utility. NCDOT proposed to cross the Oak Hollow Lake finger with a bridge, which would require no fill in surface waters. September 18 and October 5, 1992 - Draft Mitigation Plan and revision circulated to review agencies. October 2, 1992 - 401 Water Quality Certification issued by DEM. This certification included the US 311 Bypass from west of Oak Hollow Lake to US 29/70 interchange. October 8, 1992 - Authorization of Nationwide Permits No. 25 and No. 26 by Corps of Engineers, for the US 311 Bypass from west of Oak Hollow Lake to US 29/70 interchange. At present, NCDOT is studying hydraulics, soils and planting needs; and conducting right-of-way negotiations at the mitigation sites. Sufficient acreage will be acquired to provide at least 1:1 mitigation of the impacted wetlands. ?' 1( G,? ? (/tQn? S ec? PERMITTING HISTORY October, 1992 SUBJECT: Guilford County - US 311 East Belt from west of High Point Reservoir to Interchange at US 29-70; T.I.P. No. R-0609D,E,F; State Project No. 8.1570601 DOA Action ID. 199101397 February 28, 1991 - Pre-discharge Notification pursuant to Nationwide Permit 26 (33 CFR 330.5 (a) (26)) and application for 401 Water Quality Certification submitted to Corps of Engineers and N.C. Division of Environmental Management. This included 2.04 acres of wetland impacts and mitigation. The application included the US 311 Bypass from west of Oak Hollow Lake to 2000 feet west of NC 68 (T.I.P. No. R-0609D). May 2, 1991 - N.C. Division of Environmental Management informed NCDOT that an Individual 401 Water Quality Certification would be necessary, as Hiatt Branch is classified as water Supply III. DEM also requested re- evaluation of wetland delineation. September 23, 1991 - Revised Pre-discharge Notification and request for Individual 401 Water Quality Certification submitted to DOA and DEM. This propo:,al included 5.94 acres of wetland impacts and mitigatiol: at R-0609D. October, 1991 - DEM issued request to Greensboro News and Record and High Point Enterprise for publishing of Public Notice of NCDOT's request for 401 Water Quality Certification. October 17, 1991 - DEM issued request to WRC, EPA, and DOA to provide comments on 401 Water Qtiali ty C'ertifi.catian . December 5, 1991 - NCDOT sent design= drawing of rejected alternate location for Ramp "D" to DE:-I. January 7 - February 6, 1992 - Public Hearing for Individual 401 Water Quality Certification held at High Point City Council Chambers, followed by 30-day comment period. February 7 - June 7, 1992 - DEM review period for Individual 401 Mater Quality Certification. W *41 ? .E f t: ® North Carolina Wildlife Resources Commission 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM ITF:Z TO: John R. Dorney Division of Environmental Mana 51992 FROM: Dennis Stewart, Manager U?r!` Habitat Conservation Pr gram fth DATE: May 20, 1992 SUBJECT: U.S. 311 East Belt from west of High Point Reservoir to 2000 feet west of N.C. 68, Eastchester Drive, Guilford County, N.C. State Project No. 8.1570601. The North Carolina Wildlife Resources Commission (NCWRC) has reviewed the Section 401 Water Quality Certification for the proposed U.S. 311 East Belt in Guilford County. Our comments are based on reviews by biologists on our staff familiar with habitat values of the project area. These comments are provided in accordance with certain provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 15 U.S.C. 661 - 667d) and the Clean Water Act of 1977 (33 U.S.C. 466 et seq.). The proposed project will impact 5.94 acres of high quality wetlands along Hiatt Branch. It is the opinion of this agency that this amount of wetland loss is excessive and that sufficient areas of high quality habitat no longer exist for mitigation of this loss (see February 5, 1992 NCWRC memorandum submitted for Proposed Wetland Filling of Hiatt Branch for Construction of U.S. 311 East Belt, Guilford County). Also, the proposed U.S. 311 East Belt will cross a section of Oak Hollow Lake. Oak Hollow Lake provides quality fishing for largemouth bass, crappie and hybrid striped bass. Construction of this roadway and subsequent secondary development will cause degradation of the fishery through increased urban runoff, silt and sedimentation. NCWRC is opposed to NCDOT receiving Section 401 Water Quality Certification for these activities and recommends that alternatives be sought to prevent filling of this wetland. - .,*. Memo Page 2 May 20, 1992 Thank you for the opportunity to review and comment on this Section 401 Water Quality Certification. If we can provide further assistance, please call on us. DLS/lp cc: Larry Warlick, District 5 Wildlife Biologist Shari Bryant, District 5 Fisheries Biologist Steve Pozzanghera, Piedmont Habitat Biologist s` .srnp ( i flV i SEP 3 AM TLA STATE OF NORTH CAROLINA DEPARTMENT' OF TRANSPORTATION JAMES B. HUNT, JR. DIVISION OF HIGHWAYS GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 A'-i g""st 21 7 _rD `_}? Dit i _on o? rlivll _.nmental Managel2 ent North Caro_iT_ a Departmel t of Environment, 7? t Health'. and N? ztural Resoi. rce P.O. boX 29535 RaieLgi?, North LarOiyiia, 277626-0=35 ATTEi\, ?771ION : ;Fr . ?? C;llll Dorn ey pater Qua_ity Planining Branch Dear Sir, R. SAMUEL HUNT III SECRETARY SUBJECT. Guilford C.'.Janty - Bridge over Oa« HC;ai',>l! La. e part of US ?11 Bypass (I lg_h POinL EaS1 Eel r T . I . 1 . AV 'o . R 06 09E; I 3r gat -- ?i }U? e(.. `. NiD . V . _ J / 06 _., ,} D0A Ac Io?1 ID. 1'_P9101 97, 1 DE1z t-.-ni ;ecL ,\a. , 254 1 4 In rvSp l7Se to st.gge ions iiiadG ill Cor_ eSiJOi.d 2IIce _..?ct'tc by DEHNIR, Div_isic-ln of 'all Resources 'ated July L01, i'_`'9 and Divi.sl,:n of Envlrc-Inmental Manage Reiat, cateCAulg .St v `! NC DOT of he followll'g response 1 . Hater-i- a.l dropped il.to the lak& during of the bent; -ill-.fie contained by th itr yuity curtain. We Vvil__ specify in ;--tur spec al prov1sions that the tu:bidlty' curraln siaali tile site, including all construction barge.-.. DEJINR requested srec?fication of the ?z` o -he Sediment col7talnment bill used d,?tri..Lcf `7 z? ur=__hC of tI-e c:.fferdam for .different. puir1ip?nc ratew. Irv late investigated the post- ibility o _ Speci:Ly=_llg `pt il'piilu rates . It would be almo t impr. ssii `ale t0 Spt_aCif pumping rates because ecl'_1ipmenL: can v;hiy s,--) 1u n among different c c)ntractc)r, . The INCDO' , Hyd- au _1" c's Uilit suggested that this ?. ituatior! - r-1 'J i?:.7.17?' e practical 1 y by waiting _'intl_ he pr _; it l t .?<) c- onstruction acid listruct i C? r.Ahe .ew Cti. li EI__Ihee,. tC? C?orCliicz? Elie t :IY '1 iCT <%pera soli ?-iy--raul" CS, aJ- tike Contractor has sele:.:tec SL_ tar A E: y,ti s.;p J ii,°I"it`le,,,,ve ''1ot that G.'?rl:ICj Gi'-Cn1a:er-_llg O?. the Cc7i=er dam , LCIe .:'i.on l e' seal Wit Aa'1. a.11' _a,.'y nee- --,-,o lred. The -a. ,,-r removed fro i, the fr rC'.all! Will be if h e got o- i-he fresh l et= ii t fr..`:i the Iaiie b tic ,; alhC1 ShouI d retain ve,r .._.._C.?.._e silt. A sea.1=d urbid ty c -Li?taJn V71' le 1 ;}--iieior?c. to he s :eet 1e cof f e r fl -r, TYhe tu --b C'_ir ?a_ I! >iill rem,,1.n in -D.! acc nn oA t1 br1dge lir`s . 4. Tice special c:i d i t i ns :f- tie term _ t-i.l. -- 'C _tU.e lilyt: t?'C L1'v'Ihti t(D t? e Contrazt is to Us''? C'i ` ID C: e (1t c. the e::cavated ma.ter'ia at 3. utllta-20 e ;io_ai',__ ._.?..c r e as note _.iat mE: r i a 1 t^__1 Je c1. _. teC. _ ITiechail ; ua1 ea'cis , not by 'd-tf '.%iii not 8.l_t?Cipate ruiioii d p `sa.i _? '- Thank you -for your h q les ti Ois _ -Lease C l: o t n o s i ss1_ie. _.f +T:_ .. .. at ii ?et co v ontact cy i B'=i_ at c. 1'_ i '7 ?cerelY , 7 7 77. 0 Q, i P. LE L Flannin & E, v -r =>n :.=bitai B-7-a ?C . Doug M L._! e1", DErt, vtiTS Laird J :aly Steve Mauliey, DENT, WSRC David. Foster, DEHNR Wayne Wright, CCE Linwood O'Neal, City Mayor Becky Smothers, Steve Tedder %yHNR Ken Jolly, COLE of HiCih It ".ity of Hig'1 - oi.it Charles Hunt, ' . E . , St-L- _tctur'- _, _s icrn Tom Shearin, t . E . , Roadway Design Jim Wilder, r.E., Constructmoih Vy ctor Barbour, F . E . , De_ igli Se v? eti C. PERMITTING HISTORY August, 1992 SUBJECT: Guilford County - US 311 East Belt from west of High Point Reservoir to 1000 feet east of US 29-70; T.I.P. No. R-0609D,E,F; State Project No. 8.1570601 February 28, 1991 - Pre-discharge Notification pursuant to Nationwide Permit 26 (33 CFR 330.5 (a) (26)) and application for 401 Water Quality Certification submitted to Corps of Engineers and N.C. Division of Environmental Management. This included 2.04 acres of wetland impact, and mitigation. May 2, 1991 - N.C. Division of Environmental Management informed NCDOT that an Individual 401 Water Quality Certification would be necessary, as Hiatt Branch is classified as Water Supply III. DEM also requested re- evaluation of wetland delineation. September 23, 1991 - Revised Pre-discharge Notification and request for Individual 401 Water Quality Certification submitted to DOA and DEM. This proposal included 5.94 acres of wetland impacts and mitigation. October 9, 1991 - DEM issued request to Greensboro News and Record for publishing of Public Notice of NCDOT's request for 401 Water Quality Certification. October 17, 1991 - DEM issued request to WRC, EPA, and BOA to provide comments on water quality certification. December 5, 1991 - NCDOT sent design drawing of rejected alternate location for Ramp D to DEM. January 7 - February 6, 1992 - Public Hearing for 401 Water Quality Certification held at High Point City Council Chambers, followed by 30-day comment period. February 7 - June 7, 1992 - DEM review period for 401 Water Quality Certification. DEM has extended this review period to allow additional investigation of potential mitigation methods prior to issuing a decision. July 30, 1992 - NCDOT requests issuance of 401 Water Quality Certification, contingent upon compensatory mitigation within the Oak Hollow Lake Watershed. August 6, 1992 - DEM issued 401 Water Quality Certification. At present, NCDOT is finalizing a new permit application which includes Nationwide Permit sites located along the remainder of the project corridor. Geotechnical personnel completed soil borings on uplands adjacent to Oak Hollow Lake in August. Design of the mitigation area at this site is underway. i ,tee c w -y? nom.- ft x Lvk' w 2& (A- 4b l C OQ C1vvL O..GC&", p N?. r; J G/?i?c- . srA7Z State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor A. Preston Howard, Jr., P.E. William W. Cobey, Jr., Secretary September 25, 1992 Acting Director Ms. Cyndi Bell Planning and Environmental Branch N.C. Department of Transportation P.O. Box 25201 Raleigh, N.C. 27611-5201 Dear Ms. Bell: RE: Mitigation plans for US 311 project, High Point Guilford County DEM # 91258 DEM staff have reviewed your 18 September 1992 letter to the Corps of Engineers concerning mitigation plans for the Us 311 Bypass project. We have the following changes which 'should be considered as you develop your final mitigation plans which will require written DEM approval. 1) We believe that lowering site elevation will be required at mitigation sites 2, 3, 4 (the "mountain site"), 5 and 6. Grading is only listed as needed on site 4, 5, and 6. If you believe that grading will not be needed on sites 2 and 3 please justify in writing. Otherwise the mitigation plan should be modified to include grading on these sites. 2) Mitigation site 2 (freshwater marsh site) - Monitoring would probably be more accurate in mid to late spring rather than in summer since the herbaceous vegetation will probably be impenetrable in summer. We suggest that the monitoring time be modified accordingly. 3) Mitigation sites 3 - 6 (bottomland hardwood sites) - Black walnut is not a wetland species (FAC upland) and therefore should be removed from the planting list. Red maple and other FAC or FAC wet species should be added. REGIONAL OFFICES Asheville Fayetteville Mooresville Raleigh. Washington Wilmington Winston-Salem 704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 9191395-3900 919/896-7007 Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer p-,., 40- Ms. Cyndi Bell September 25, 1992 Page 2 4) Annual reports shall be made to DEM concerning the mitigation at these sites. If you need to discuss these points, please call Ron Ferrell or I at 733-1786. We look forward to continuing to work with DOT on mitigation plans for this and other projects. Sincerely, R. Dorney W44-1 nds and Te nical Review Group 311bypa.mit cc: U.S. Army Corps of Engineers Wilmington Office U.S. Army Corps of Engineers Raleigh Field Office Winston-Salem DEM Regional Office Ron Ferrell -T. - 16 AUG 06 '92 08 : 42AM State of North Carolina Departnant of Envxro=ent, HnIth, and Natural Resources Division of Envuonmental Manag,?Imcnt P.O. Box 79535 Raleigh, NC 27626-0535 WATER QUALITY SB=ON FAX # 919/73:3-1338 'SELF-copy TO: P.1 FAX NUMBF-p: FROM. `I < _z PHONE, INTO. OS- PAGES, INTCLUIDRK' =T-HR SSMT-, ?, ? ... YA-T- - i ?4?1) . (\ 6vU s AUG 06 '92 08.42AM P.2 «swr4 State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street - Raleigh, North Carolina 27604 James G. Martin, Governor A. Preston Howard, Jr., P.E. William W. Cobey, Jr., Secretary August 6, 1992 Acting Dimetor Mr. Barney O'Quinn Planning and Environmental. Branch N.C. Department of Transportation P.O. Box 25201 Raleigh, N.C. 27611-5201 Dear Mr. O'Quinn: Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed US 311 bypass from West of High Point Reservoir to 2000 feet west of NC 68, Eastchester Drive Project #91258, TIP # R-0609D, Project No. 8.1570601 Guilford County Attached hereto is a copy of Certification No. 2768 issued to N.C. Department of Transportation dated August 6, 1992. If we can be of further assistance, do not hesitate to contact us. Sincerely, Preston Howar r. P.E. cting Director Attachments cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Regional Office Winston-Salem DEM Regional Office Mr. John Dorney Mr. John Parker Central Files 111 IONALOMCES Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem 7041251-6248 919/486-1541 704/663-1699 9191571-4700 9191946-6481 919/395.3900 919/896-7007 Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Tclcphonc 919-733-7015 An Equal Opportunity Affamativc Action Employer " ' Ift AUG 06 '92 08:42AM P.8 NORTH CAROLINA guliford County CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 901 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to N.C. Department of Transportation pursuant to an application filed on the Ist day of octojer, 1991 to construct a portion of the US 311 Bypass from existing US 311 to a point 2000 feet west of NC 68. The Application provides adequate assurance that the discharge of fill material into the waters of Hiatt Branch and adjacent wetlands in conjunction with the proposed US 311 Bypass in Guilford County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 501, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification! 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (increases such that the turbidity in the Stream is 25 NTU's or less are not considered significant). 2. Wetland creation/restoration shall be done in the Oak Hollow Lake watershed at a 1:1 acreage ratio at sites agreed upon by the Division of Environmental Management. A site specific mitigation plan including planting densities, no less than three years of monitoring, success criteria and remediation measures shall be agreed upon with the Division once specific sites are agreed upon by DOT and DEM. Hydrology shall be monitored to ensure that it meets the criteria in the 1987 Corps of Engineers delineation manual. Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above conditions are made conditions of the Federal Permit. This the 6th day of August, 1992. DIVISION OF ENVIRONMENTAL MANAGEMENT reston Howard Jr. P.E. Q, ing Direct WQC# 2768 or 4r# . % 41o/? cam' ,, ,? JAMES G. MARTIN GOVERNOR THOMAS J. HARRELSON SECRETARY 7 ??.stvE4 ?MRR.T" ,Y aw.+ > STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION P.O. BOX 25201 RALEIGH 27611-5201 July 30, 1992 Mr. Preston Howard, Acting Director Division of Environmental Management N. C. Department of Environmental, Health, and Natural Resources 512 North Salisbury Street Raleigh, North Carolina 27611 Dear Mr. Howard: Jamax DIV. OF ENVIRONMENTAL MGMNT. DIRECTOR'S OFFICE DIVISION OF HIGHWAYS WILLIAM G. MARLEY, JR., P.E. STATE HIGHWAY ADMINISTRATOR "t° rT°A UALiTY SEEOTION SUBJECT: Guilford. County - US 311 East Belt from West of High Point Reservoir to 2000 feet west of NC 68, Eastchester Drive; TIP No. R-0609D; State Project No. 8.1570601 In response to the Hearing officer's recommendation that construction and/or mitigation alternatives to the proposed project will be necessary to obtain a 401. Water Quality Certification, NCDOT will commit to compensatory mitigation within the Oak Hollow Lake Watershed. Over the past several months NCDOT has investigated numerous potential mitigation sites within the Oak Hollow Lake watershed. Several properties have been located that are available to NCDOT and have potential for wetland restoration or creation. NCDOT will continue to diligently pursue all practicable means for location of suitable mitigation sites. A minimum of acres of mitigation wetlands will be provided in order to meet the requirement for 100% compensation for lost water filtration into Oak Hollow Lake. NCDOT will coordinate selection and planning of these mitigation sites with the Division of Environment Management. _ 6 An Equal O pportunity/Affirmative Action Emplbyer -f 4 In order to facilitate the efficient and effective processing of this project, I request the Division of Environmental Management proceed to issue the requested 401 Water Quality Certification contingent upon NCDOT's fulfillment of mitigation requirements satisfactory to the Division of Environmental Management. Thank you for your timely consideration of this request. Should you have questions, please contact me or Cyndi Bell of my staff at 733-9770. Sincerely, ? W L. J. Ward, P.E. Manager Planning & Environmental Branch cc: Mr. Kelly Barger, P.E., Project Management Mr. John Dorney, DEM, NCDEHNR Mr. G. T. Shearin, P. E., Roadway Design District Engineer, USCOE Mr. Don Morton, P.E., Highway Design Mr. A. L. Hankins, P.E., Hydraulics Mr. John Smith, P.E., Structure Design Mr. N. L. Graf, P.E., FHWA Mr. John Watkins, P.E., Division 7 Engineer Mr. W. D. Johnson, Roadside Environment Mr. Dennis Pipkin, P.E., Planning & Environmental MEMO TO: J U-t?-o DATE: SUBJECT: (o? U w?S-l?rv? p AA-5 '?Q 3? 6"2- f 11-0 From: North Carolina Department of Environment, Health, and Natural Resources ? Printed on Recycled Paper Vtr Qunra ?`?? auw State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street * Raleigh, North Carolina 27604 James G. Martin, Governor June 8, 1992 William W. Cobey, Jr., Secretary Mr. Barney O'Quinn N.C. Department of Transportation Planning and Environmental Branch P.O. Box 25201 Raleigh, N.C. 27611-5201 Dear Mr. O'Quinn: RE: US 311 Bypass, High Point DEM # 91258 Guilford County George T. Everett, Ph.D. Director As a followup to the 5 June 1992 meeting between DEM and DOT regarding the US 311 Bypass project, I understand that DOT is still actively examining wetland mitigation options in order to meet Mr. Preston Howard's desire to have wetland mitigation within the watershed of Oak Hollow Lake. Since DOT is still_ gathering information, I am hereby placing this project on hold until DOT has determined whether mitigation is feasible in the watershed. I?expect that this hold period should not last past July 1, 1992. Please call me at 733-1786 if you have any questions. S' er ly ours, Joh R. Dorney CC: Steve Mauney Central Files Preston Howard forge Everett Steve Tedder REGIONAL OFFICES Asheville Fayetteville Mooresville Raleigh Washington Wilmington 704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 Winston-Salem 919/896-7007 Pollution Prevention Pays RO. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer MEMO 4d 9' FROM: George T. Everett, Director Date: Z -z- Division of Environmental Management TO: xk w Subject: 3 l? PoT JUN 24 1992 WATER QUALITY SECTION M- North Carolina Department of Environment, Health and Natural Resources MEMO .o DATE: 3 [ 3),? SUBJECT: X h, 41 a?ho 00 w?h 5- l - " y wqll From: t cr ?"?? l Sr ME = North Caroli a Department of Environment Health, and Natural Resources + QUA. ? Printed on Recycled Paper QUAM ?Y w June 8, 1992 MEMO TO: Llle'orge Everett Steve Tedder Preston Howard FROM: John Dorneq lf RE: NC DOT revised mit' ation plan for US 311 Bypass in High Point Attached for your review is a sketchy, conceptual plan fora wetland mitigation site for US 311. They presented it to Ron and me at a meeting on June 5 (Friday) which David Foster organized at George's suggestion. DOT would like DEM's okay for the concept before they review its technical feasibility and cost. They plan to remove a portion of the shoreline of Oak Hollow Lake and then divert a nearby stream into it to create (maybe) 5 acres of wetlands (see attached map). The stream drains an urban area and now enters untreated into Oak Hollow Lake. Conceptually it looks okay to Ron and me but we want to be sure that we have not overlooked anything. In addition, DOT would have to remove 20 to 30 feet of soil and saprolite to get the proper grade. DOT is unsure if they would encounter rock during the excavation. If so the cost would probably make this site unfeasible. They have done and are continuing to do other reconnaissance work to identify possible wetland mitigation sites in the Oak Hollow Lake watershed without success. Jack Ward (DOT) also wanted me to ask you whether a detention pond could buYlt to replace the wetlands if they could not mitigate for wetlands in the watershed. I stated that ponds do a good job at removing particulates but that a large portion of urban runoff pollutants are soluble which can only be effectively removed by wetlands rather than ponds. However I told Mr. Ward that I would get your views on this as well. Mr. Ward asked that I get back to him as soon as possible. Therefore, I would appreciate your decisions on 1) whether the mitigation site is conceptually oaky and 2) whether a pond would substitute for wetland mitigation. If possible please get bak to me by Wednesday morning so I can relay your decisions to DOT. If an internal DEM meeting is necessary, please advise. cc: Boyd DeVane Steve Mauney Ron Ferrell DYBROOK RD V N ?? S Y n O > FF x ? WOOD _?'? s jMart)' D? ? O • a • x m v • m n, c r r p p • "0' wtie Ito - O - ° c ? S a a '4 s e vp ^v p'S 9 a c S ? u a° o m O o \,\ O W-DX•E _ _. 60 3 ? ? t -C' r J `ice ,l ?? es _ y ti h o " jpH?SON S a a - ? • A m y a C y - -. p ^ my `00` a .e... JOHNSON ST. n • ?? a r, OOti /1 O 1 n 1? / -?1 \, \ s f ro 7 N O t', n ?j tuoo ' °Oi ' '" W pR, ll ? 1=701 tisoo wpOOVIE 1 (6300) w. FIR - . • ."x,?s ??, - tlC .- ^- . -...-.. _ .< . t! a a a 'o ? 06, W S f? cf. .? O' co } "o rr Z J \l? ?' ?/ -? 1 \ T O _ eb 9 <?• O o T O Z B? F Z 1 °? A ' f o ? , V \ / V, D 810 \ ?? ( O ?w PERMITTING HISTORY July. 1992 T )?/11 SUBJECT: Guilford County - US 311 East Belt from west of High Point Reservoir to 1000 feet east of US 29-70; T.I.P. No. R-0609D,E,F; State Project No. 8.1570601 February 28, 1991 - Pre-discharge Notification pursuant to Nationwide Permit 26 (33 CFR 330.5 (a) (26)) and application for 401 Water Quality Certification submitted to Corps of Engineers and N.C. Division of Environmental Management. This included 2.04 acres of wetland impacts and mitigation. May 2, 1991 - N.C. Division of Environmental Management informed NCDOT that an individual 401 Water Quality Certification would be necessary, as Hiatt Branch is classified as Water Supply III. DEM also requested re- evaluation of wetland delineation. September 23, 1991 - Revised Pre-discharge Notification and request for Individual 401 Water Quality Certification submitted to DOA and DEM. This proposal included 5.94. acres of wetland impacts and mitigation. October 9, 1991 - DEM issued request to Greensboro News and Record for publishing of Public Notice of NCDOT's request for 401 Water Quality Certification. October 17, 1991 - DEM issued request to WRC, EPA, and DCA to provide comments on water quality certification. December 5, 1991 - NCDOT sent design drawing of rejected alternate location for Ramp D to DEM. January 7 - February 6, 1992 - Public Hearing for 401 Water Quality Certification held at High Point City Council Chambers, followed by 30-day comment period. February 7 - June 7, 1992 - DEM review period for 401 Water Quality Certification. DEM has extended this review period to allow additional investigation of potential mitigation methods prior to issuing a decision. At present, NCDOT is preparing a new permit application which will extend to US 29-70, in order to have a "separate and complete" project. Investigation of new mitigation options is ongoing. Geotechnical and Design personnel are conducting soil borings on uplands adjacent to Oak Hollow Lake to see if the site can be graded down to wetland elevation. Other small, isolated areas where wetlands may be created have also been located. DEM has indicated that they will conduct field reviews of these properties. NCDOT also needs input from USFWS and DOA to address these other agencies' concerns.. a4, yl? do-? U0. (Ajt &v I * . • , SCALE GUILFORD N ' - -- '- : COUNTY NORTH CAROLINA, MATCH LINE 1170 t ?169J 1426 113 - ,r 't..\.. 11 1/77 .JO 5 G ??.j.... ??- -.. .40 ............. .... t l 1876 ' .el;r?.• 1827 {+. 4" 1620 822 I ~ PROJECT 1,?_BEGIN* _• SITE -1 • _' SITE ]I SITE In _ END PROJECT Ili WII Hall 0 I. 01 511 T rcadia ?' E Ya in F eQer ?Y 189 I 20 1 `i r ..t1Y?A /? 39 2NN0 SCALE OF MILES ello 1111- 4 SCALE OF KILOMETERS 30 10 to . I/V1tU4l,/i s , F_1/0 R -I ° keensbo 1 OA 29A 22 I7 o?nh 2 29 -bi S PIS sent Garden vONITY MAPS C,,F STATE PROJECT _.l r y f Iy 2 r0 U 6 S 6 2 421 Kimeiryl i r>8 rills 2 ?' rWiree ?- ion ?Tr" it Imes r -I . j ` -,4 Glenola 1 erel Cross 2 _Y /I i? S 5' :t 2 Libert 48 y?311 220' 1206 7 6 i Soph C) andlems Grays ChoPell - R A N D O L 6P10 H N. C. DEPT. 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L- CD m O C-) z State of North Carolina Department of Environment Health and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor June 8, 1992 William W. Cobey, Jr., Secretary Mr. Barney O'Quinn N.C. Department of Transportation Planning and Environmental Branch P.O. Box 25201 Raleigh, N.C. 27611-5201 Dear Mr. O'Quinn: RE: US 311 Bypass, High Point DEM # 91258 Guilford County George T. Everett, Ph.D. Director _.. 1 e> 1992 WATER QUALITY SECTION As a followup to the 5 June 1992 meeting between DEM and DOT regarding the US 311 Bypass project, I understand that DOT is still actively examining wetland mitigation options in order to meet Mr. Preston Howard's desire to have wetland mitigation within the watershed of Oak Hollow Lake. Since DOT is still gathering information, I am hereby placing this project on hold until DOT has determined whether mitigation is feasible in the watershed. I expect that this hold period should not last past July 1, 1992. Please call me at 733-1786 if you have any questions. S' er ly ours, Joh R. Dorney CC: Steve Mauney Central Files Preston Howard George Everett Steve Tedder REGIONAL OFFICES Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem 704251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007 Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative .-Action Employer IMPORTANT To / L lThl Date Time WHILE YOU WERE OUT AREA CODE NUMBER EXTENSION TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL Signed N (, vent. of Environment. Health, and Natural Resources `--I?? Printed on Recycled Paper a June 8, 1992 MEMO TO: George Everett Steve Tedder Preston Howard FROM: John Dorne V RE: NC DOT revised mitJation plan for US 311 Bypass in High 49? Point Attached for your review is a sketchy, conceptual plan for a wetland mitigation site for US 311. They presented it to Ron and me at a meeting on June 5 (Friday) which David Foster organized at George's suggestion. DOT would like DEM's okay for the concept before they review its technical feasibility and cost. They plan to remove a portion of the shoreline of Oak Hollow Lake and then divert a nearby stream into it to create (maybe) 5 acres of wetlands (see attached map). The stream drains an urban area and now enters untreated into Oak Hollow Lake. Conceptually it looks okay to Ron and me but we want to be sure that we have not overlooked anything. In addition, DOT would have to remove 20 to 30 feet of soil and saprolite to get the proper grade. DOT is unsure if they would encounter rock during the excavation. If so the cost would probably make this site unfeasible. They have done and are continuing to do other reconnaissance work to identify possible wetland mitigation sites in the Oak Hollow Lake watershed without success. Jack Ward (DOT) also wanted me to ask you whether a detention pond could built to replace the wetlands if they could not mitigate for wetlands in the watershed. I stated that ponds do a good job at removing particulates but that a large portion of urban runoff pollutants are soluble which can only be effectively removed by wetlands rather than ponds. However I told Mr. Ward that I would get your views on this as well. Mr. Ward asked that I get back to him as soon as possible. Therefore, I would appreciate your decisions on 1) whether the mitigation site is conceptually oaky and 2) whether a pond would substitute for wetland mitigation. If possible please get bak to me by Wednesday morning so I can relay your decisions to DOT. If an internal DEM meeting is necessary, please advise. cc: Boyd DeVane Steve Mauney Ron Ferrell ar 4_. ? r y 5?? ? ?f c1 ..{M ?,.'i r .? ..^ •,.. n . ??.<a t to s .r <Q v ` fit. 1., _ \ urn yC 31 1? . »s. .? _ o o s ' a n ?, 3. ? I li ? t'•? 3 T I ?(? r "?? ??..._ _ ^ y M1 w 6 z P '? : , m er?ii ? r? 'a ,. f!'.. ?I t -.J i q '? 4i ••? ,?f ??'!,? r . ? ' r v ? o n• ? =' o ? i o ?y? may: '?• K?. [// :' ? ? • 'w ? ?' •.' •/ N ?.: `r 8. Y 44 ti4 y6T ? 4 9 W r ter `P;?i•..... ??? - _ ._ .. _. .. _.. _. _ _.__ _.. ... -. l _ 1011 _ p ? < y ? YBROOK ` ' ero 9 l o O O D 1Z 0 ! r O 'tom ; 'Q \.? Jl, 5 . .r iMARYW00D R a r y ? RNg \ ti ` / ? ?_ • ? ate u I ?,.,1• \` F9 y? ??%Y?J ?f ? ?? is `+? ? y 1 ? \ ?o\? •?; 1/) o n °: a S ;? p o ` c Z --//? •% J r rJ ?' i .? r' '?C tfi? 9?\s • \?// Is, ''. ? '? c ? .? ? " ? ?°,. aM'w o Npf`T"F o ' ,?, ? 11 ? ?o j?,//1 J? , \ ?/l(•p6 I 11 J h / ?% it • / y.?' 81 ki -r iYiTyr'Rr{ty f{j +... w 4 ri y 4. y o j ?w'S,OCJ?• '.. 0115 elol ? p r t Y "n p a> .; > c? 0 ?. -810 s ah? (- •t? a .. )?t^t, 5 `1r' f k. { ' r M ? C, 7J Vy.t',:a m a . ? ? 1: s J ,?'3'rt?jiti?? e??r? °lz rY ° I a• a g i 1?;.Y}?" ` _ _0 aM ° ~ ° ° .?1 l , / r.•.'` O ??. ? ?? 4 "TAdry.,,y V 4r JOHNSON ST. ??i. yra x '' s , s ?y, o o~ 'r s + ate/ BOO :z „ . r %7r' O - '? cry }, ur ?•?fi?H'? a o ?,M{ ? ?y ! goo ? 4 ' _ r'r . _ i C 1 n Ov+EW D?: ? ?' _ '?f. .•y ?/?? O ;E 1.1 ?('/??. 3r ^.ter..3`ty-• i2500 \40 0 oo)' ?,-z;.f ... ,;: ?.. K. -" - t ? ?{?• ''.?_. •fr"i•:":??`: - ? %. .,-?? - ? /?i_? 5CATE State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor June 8, 1992 William W. Cobey, Jr., Secretary Mr. Barney O'Quinn N.C. Department of Transportation Planning and Environmental Branch P.O. Box 25201 Raleigh, N.C. 27611-5201 Dear Mr. O'Quinn: RE: US 311 Bypass, High Point DEM # 91258 Guilford County George T. Everett, Ph.D. Director As a followup to the 5 June 1992 meeting between DEM and DOT regarding the US 311 Bypass project, I understand that DOT is still actively examining wetland mitigation options in order to meet Mr. Preston Howard's desire to have wetland mitigation within the watershed of Oak Hollow Lake. Since DOT is still gathering information, I am hereby placing this project on hold until DOT has determined whether mitigation is feasible in the watershed. I expect that this hold period should not last past July 1, 1992. Please call me at 733-1786 if you have any questions. S ' er ly ours, Joh R. Dorney CC: Steve Mauney Central Files Preston Howard George Everett Steve Tedder REGIONAL OFFICES Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem 704/251-6208 919/4861541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007 Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 2 762 605 3 5 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer MEMO DATE: TO: 9 / SUBJECT: . 14 till" ?? qp? Y 0-?o ?;" 4, 0?I we- LL4 Vy\'C?p k15, to u,) / 5-7E - -/ E "J? oeu- a Ca d? GG?r/1?`? f 1? P (!(?d /* #. J C?? From: ~VT North Carolina Department of Environment Health and Natural Resources Printed on Recycled Paper r?? .. n n18 ?Yb n o? ? ??. --S, MEMO June 8, 1992 ?" yon iUN o, 1992 TO: George Everett WATER QUALITY eve Tedder SECTION Preston Howard FROM: John DornegCV l RE: NC DOT revised mit' ation plan for US 311 Bypass in High Point Attached for your review is a sketchy, conceptual plan for a wetland mitigation site for US 311. They presented it to Ron and me at a meeting on June 5 (Friday) which David Foster organized at George's suggestion. DOT would like DEM's okay for the concept before they review its technical feasibility and cost. They plan to remove a portion of the shoreline of Oak Hollow Lake and then divert a nearby stream into it to create (maybe) 5 acres of D - wetlands (see attached map). The stream drains an urban area and now enters untreated into Oak Hollow Lake. Conceptually it looks okay to Ron and me but we want to be sure that we have not overlooked anything. In addition, DOT would have to remove 20 to 30 feet of soil and saprolite to get the proper grade. DOT is unsure if they would encounter rock during the excavation. If so the cost would probably make this site unfeasible. They have done and are continuing to do other reconnaissance work to identify possible wetland mitigation sites in the Oak Hollow Lake watershed without success. t? Jack Ward (DOT) also.wanted me to ask you whether a detention N pond could built to replace the wetlands if they could not mitigate for wetlands in the watershed. I stated that ponds do a good job at removing particulates but that a large portion of urban runoff pollutants are soluble which can only be effectively removed by wetlands rather than ponds. However I told Mr. Ward that I would get your views on this as well. Mr. Ward asked that I get back to him as soon as possible. Therefore, I would appreciate your decisions on 1) whether the mitigation site is conceptually oaky and 2) whether a pond would substitute for wetland mitigation. If possible please get bak to me by Wednesday morning so I can relay your decisions to DOT. If an internal DEM meeting is necessary, please advise. cc: Boyd DeVane Steve Mauney Ron Ferrell 64,t,?? 07z- z? ?o 4--- d?,a5th7E? ? p ya - $/y?jo State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor George T. Everett, Ph.D. William W Cobey, Jr., Secretary Director Pray 29, 1942 'CeL of ied. Mail Return Receipt Requested Mr. Barney.O'Quinn Planning and Environmental Branch N.C. Department of Transportation Post Office Box 25201 Raleigh, North Carolina 27611-5201 Dear Mr. O'Quinn: Subject: Application for Water Quality Certification US 311 East Beltway, High Point Guilford County DEM # 91258, DOT # 8.1570601, TIP # R-0609D Your application for a Water Quality Certification under Section 401 of the Federal Clean.Water Act was received by the. Division on October 1, 1991. The activity for which the Certification is sought is to fill 5.9 acres of wetlands and. relocate stream channels to construct the first portion of US 311 East Belt Bypass. The purpose of the proposed project is to construct a bypass for US 311 around the cities of High Point and. Archdale. A Water Quality Certification.is a determination by the Division.that the activity for which the federal permit or license is sought is not expected to result in a violation of state water quality standards My staff has reviewed your application and has identified specific concerns for the impact of this project on water quality standards. Significant uses which would be removed by this road include removal of pollutants from urban runoff into Oak Hollow Lake (water supply for the City of High Point), aquatic life habitat, wildlife habitat and water storage. In addition, we have determined that practicable alternatives.exist to your present project design. These alternatives are to 1) construct a bridge across the wetlands for Ramp D, 2) replace Ramp D with a REGIONAL OFFICES Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem 704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007 Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer r Mr. Barney O'Quinn May 29, 1992 Page Two loop road near Skeet Club Road with a possible flyover to carry future traffic westward on the proposed western portion of the High Point beltway, or 3) create or restore wetlands in.the Oak Hollow Lake watershed to provide at least 1000 replacement of the wetlands which would be filled by Ramp D and the roadway. Because of these concerns for potential violation of the Standards and in accordance with 15A NCAC 2B .0109, I have determined that your application shall be denied. If this denial. is unacceptable to.you, you have the right to an adjudicatory hearing upon written request within thirty (301 days following receipt of this denial. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina.General.Statutes and filed with the office of Administrative Hearings, P.O. Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such demands are made, this denial shall be final.and binding. If you have any questions concerning this denial, please contact Mr. John Dorney in the Water Quality Planning Branch of this Division at (919) 733-1786. Sincerely, George T. Everett GTE:JD/kls O'Quinn3.ltr./vol.3 cc: Winston-Salem Regional Office U.S. Army Corps of Engineers Wilmington Office U.S. Army Corps of Engineers Raleigh Regional Office John Parker John Dorney Central Files ww State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor June 8, 1992 William W. Cobey, Jr., Secretary Mr. Barney O'Quinn N.C. Department of Transportation Planning and Environmental Branch P.O. Box 25201 Raleigh, N.C. 27611-5201 Dear Mr. O'Quinn: RE: US 311 Bypass, High Point DEM # 91258 Guilford County George T. Everett, Ph.D. Director As a followup to the 5 June 1992 meeting between DEM and DOT regarding the US 311 Bypass project, I understand that DOT is still actively examining wetland mitigation options in order to meet Mr. Preston Howard's desire to have wetland mitigation within the watershed of Oak Hollow Lake. Since DOT is still gathering information, I am hereby placing this project on hold until DOT has determined whether mitigation is feasible in the watershed. I?expect that this hold period should not last past July 1, 1992. Please call me at 733-1786 if you have any questions. S' er lyou?rs Joh R. Dorney CC:, Steve Mauney Central Files Preston Howard George Everett Steve Tedder REGIONAL OFFICES Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem 704251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/8967007 Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management P.O. Box 29535 Raleigh, NC 27626-0535 WATER QUALITY SECTION FAX # 919/733-1338 G-ly TELECOPY TO: FAX NUMBER: FROM: PHONE: 3 l 'b NO. OF PAGES, INCLUDING COVER SHEET: COMMENTS: Al,„ - _ e- S V 1.. / 4 IQ TRANSMISSION REPORT ****************************** ( JUN 09 '92 08:OOAM ) ******************************************************************************************** * * * DATE START REMOTE TERMINAL MODE TIME RESULTS TOTAL DEPT. FILE * TIME IDENTIFICATION PAGES CODE NO. * * * * * JUN 09 07=58AM 97339794 G3 ST 01'12" OK 02 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ************************************************** ****************************************** 5W E vA g? Jr ( 3?. ?? ?.c ? u?1o.b?r TM ?hcd, r? ?,e. 3:s tee, wz?{u? cJWn !alo=?ls i. IMPUKTANT To fl6poDate Time HI E YOU W E OUT M of Phone AREA CODE NUMBER EXTENSION Message I'D l r' ,'9J m. A"w11 INA %. A 5??,.5? X 11 ?ror0M , Signed N.C. Dept. of Environment, Health, and Natural Resources TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL v1 ?v Printed on Recycled Paper ?. .5 s OCE YnA ? Nw. ci ot?k co?..?. ?h ??T s?TM STATE o C? STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION P.O. BOX 25201 RALEIGH 27611-5201 JAMES G. MARTIN September 23, 1991 DIVISION OF HIGHWAYS GOVERNOR THOMAS J. HARRELSON WILLIAM G. MARLEY, JR., P.E. SECRETARY STATE HIGHWAY ADMINISTRATOR Department of the Army Wilmington District, Corps of Engineers P.O. Box 1890 Wilmington-, North Carolina, 28402-5201 ATTENTIONI Mr. G. Wayne Wright Chief, Regulatory Branch Dear Sir: SUBJECT: Guilford County - US 311 East Belt from west of High Point Reservoir to 2000 feet west of NC 68, Eastchester Drive; T.I.P. No. R-0609D; State Pr.oject No. 8.1570601 The North Carolina Department of Transportation submitted a Pre-discharge Notification for the subject project on February 28, 1991. At that time, a mitigation plan for anticipated impacts to 2.04 acres of bottomland hardwoods was included with the application.. Since that time, the Division of Environmental Management (DEM) has notified us that the wetland impacts should be re-evaluated, and that additional mitigation would be required accordingly. Figures 2, 5 and 6 of the attached permit drawings illustrate the 2.04 acres of wetlands impacted at Site II, as well as the 2.07-acre mitigation site originally proposed for this impact. The revised mitigation plan for this site is included with this package. Figures 3 and 4 of the permit drawings have been corrected to illustrate impacts to 3.9 acres of wetlands at Site I. Figures 2A and 2B have been added to depict an additional 3.2 acres of mitigation proposed at two properties in High Point. Figure 2A depicts a 0.7-acre property owned by the city of High Point. This site has been degraded by removal of all wetland vegetation An Equal Opportunity/Affirmative Action Employer and is currently used as a vegetable garden by an adjacent property owner. Figure 2B depicts a 2.5-acre mitigation site at Jackson Lake Bed, which is bordered by*a dam at Jackson Lake Road. The lake bed is bare except for isolated black willow trees. NCDOT proposes to revegetate these sites with bottomland hardwood species. The planting/monitoring plan and mitigation plan drawings for these two additional' mitigation sites are also included with this package. The total wetland impact for this project-includes 5.94 acres of bottomland hardwoods. The total mitigation proposed at three sites includes 5.27 acres. In order to compensate for the 0.64-acre deficit, NCDOT proposes to debit 0.64 acres from the Company Swamp Mitigation Bank. DEM has also questioned the necessity for constructing this project, and is particularly concerned about the wetland impacts associated with Ramp D. This project is included in the Major Thoroughfare and Street Plan for High Point, and was designed as a freeway due to anticipated heavy traffic demands. At present, there is no bypass route for heavy trucks or other through traffic utilizing US 311. Need for this project is based on traffic studies which indicate that the existing US 311, which passes through the central business district of the cities of High Point and Archdale, will operate below capacity unless an alternate route for through traffic is provided. Improvement of the existing facility was considered, but was eliminated due.to anticipated high right-of-way costs, lack of upgrading of traffic service, and disruption of existing socio-economic conditions in High Point and Archdale. selection of the preferred corridor was based on input from affected communities and businesses public hearings, and from input by reviewing agencies, as detailed in the Final Environmental Impact Statement approved on July 12, 1988. The alignment of Ramp D was chosen to minimize impacts to local communities. Areas to the north and south of the preferred alignment are developed, and extensive relocation of homes would be necessary to use another route. Conversion of Aberdeen Road for use as Ramp D is not considered reasonable because it would impose undue hardships on inhabitants of the affected neighborhood. Access to all houses bordering Aberdeen Road would be restricted, requiring additional relocations. Ramp D is designed as a two-lane facility to maximize safety and ensure the desired level of service. It will be able to accomodate the anticipated heavy truck traffic on the bypass, which will be merging with vehicles travelling north on the US 311 route through High Point. Bridging of the affected wetlands was considered unfeasible due to design and economic considerations. In order to bridge wetland Site I, a 900-foot single bridge, which would save 2.6 of the 3.9 acres of wetlands to be impacted, could be constructed at a cost of 51,500,000. At wetland Si---- IT_, dual 1000-foot bridges, which would avoid the entire 2.04-acre site, could be built at a cost of 55,000,000. Long-term maintenance costs of these bridges, as opposed to an at-grade road, would significantly increase the ongoing expense of thi's highway. The DEM has notified us that their General 401 Water Quality Certification is not applicable since Hiatt Branch is classified as WS-III. By copy of this letter, we are requesting issuance of Individual 401 Water Quality Certification by DEM. If you have any additional questions regarding this project, please contact Cyndi Bell in Raleigh at (919) 733- 9770. Sincerely, L.R. Goode, Ph.D., P.E. Director, Programs, Policy & Budget cc: Mr. John Dorney, DEM, DEHNR District Engineer, DOA Mr. Kelly Barger, P.E., Project Management Unit Mr. Don Morton, P.E., Highway Design Branch Mr. A.L. Hankins, P.E., Hydraulics Mr. John Smith, P.E., Structure Design Mr. J.W. Watkins, P.E., Division 7 Engineer Mr. Dennis Pipkin, P.E., Environmental Unit Mr. N.L. Graf, P.E., FHWA Mr. W.D. Johnson, Roadside Environmental 1000N - AdOO DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS . P.O. BOX 1890 WILMINGTON, NC 28402-1890 SAW26- ATTN: CESAW-CO-E PRE-DISCHARGE NOTIFICATION FORM FOR NATIONWIDE PERMIT 26 NOTES: If Item A.7. (below) is 10 acres or more or if any of the conditions listed in Section B. (below) are not met, the applicant must submit an individual permit application. Please contact the District for forms and information. Applicant is required to obta>n a Section 401 Water quality Certification from the Sate of North Carolina for NWP 26 Lo be valid. This cartifiCation should be furnished with this pre-discharge notification. PLEASE PRINT N.C. Department of Transportation - Division of Highways A. ATTN: Dr. L.R. Goode, PE 1. OWNERS NAME: Director. Programs. Policy and Budget 2. OWNERS ADDRESS: P.O. _Box 25201 Raleigh. NC 27611 3. OWNERS PHONE NUMBER (HOME): (WORK): (919) 733-2031 4. LOCATION OF PLANNED WORK: COUNTY: Forsyth-Guilford Gounties SPECIFIC LOCATION (INCLUDE STREAM NAMES, ROAD NUMBERS, ETC.): Hiatt Branch.ad.iacent to Aberdeen Road. High Point. NC 5. DESCRIPTION OF PROPOSED WORK: Channel change of stream and fill of 5_q4 arrac of watlandc_ 6. PURPOSE OF PROPOSED WORK: Construction of a new multi-lane highway as part of a bypass for the cities of High Point and Archdale, NC. 7. APPROXIMATE SIZE OF WATERS' AND WETLANDS WHICH WILL BE LOST OR SUBSTANTIALLY ADVERSELY MODIFIED AS A RESULT OF THE PROPOSED WORK (EXPRESS IN TENTHS OF ACRES): 5_24 Acres 8. INFORMATION THAT THE APPLICANT BELIEVES IS APPROPRIATE: See cover letter and accompanying mitigation plan 1 , 1000N - Ad00 9: DO YOU HAVE KNOWLEDGE OF THE EXISTENCE OF ENDANGERED SPECIES ON OR NEAR THE PROPOSED PROJECT AREA? YES [ ] NO [x] IF YES, INDICATE WHAT SPECIES. 10. DO YOU HAVE KNOWLEDGE OF HISTORIC PROPERTIES WHICH ARE LISTED OR DETERMINED ELIGIBLE FOR LISTING ON THE NATIONAL REGISTER OF HISTORIC PLACES THAT OCCUR IN THE VICINITY OF THE PROPOSED PROJECT? YES [ ] NO [xl 11. WILL THE ACTIVITY INTERFERE WITH NAVIGATION? YES [ ] NO [xl B. CONDITIONS. THE FOLLOWING CONDITIONS MUST BE MET FOR-THE NATIONWIDE PERMITS TO BE VALID (33 CFR 330.5-.6): MET NOT MET 1. DISCHARGE OF DREDGED OR FILL MATERIAL WILL NOT [xl [ l OCCUR IN THE PROXIMITY OF A PUBLIC WATER SUPPLY INTAKE. f 2. DISCHARGE OF DREDGED OR FILL MATERIAL WILL NOT [x] [ l OCCUR IN AREAS OF CONCENTRATED SHELLFISH PRODUCTION UNLESS, THE DISCHARGE IS DIRECTLY RELATED TO AN AUTHORIZED SHELLFISH.HARVESTING ACTIVITY. 3• THE ACTIVITY SHALL NOT SIGNIFICANTLY DISRUPT THE [xl [ ] MOVEMENT OF THOSE SPECIES OF AQUATIC LIFE INDIGENOUS TO THE WATERBODY (UNLESS THE PRIMARY PURPOSE OF THE FILL IS TO IMPOUND WATER). 4. DISCHARGE OF DREDGED OR FILL MATERIAL SHALL CONSIST [xl [ ] OF SUITABLE MATERIAL FREE FROM TOXIC POLLUTANTS IN TOXIC AMOUNTS. 5. ANY STRUCTURE OR FILL AUTHORIZED SHALL BE PROPERLY [xl [ l MAINTAINED. 6. THE ACTIVITY WILL NOT OCCUR IN A COMPONENT OF THE [x] [ l NATIONAL WILD AND SCENIC RIVER SYSTEM; NOR IN A RIVER CURRENTLY DESIGNATED BY CONGRESS AS A "STUDY RIVER" FOR POSSIBLE INCLUSION. T. THE CONSTRUCTION OR OPERATION OF THE ACTIVITY WILL [xl [ l NOT IMPAIR RESERVED TRIBAL RIGHTS. ioaON - AdO3 r C. MANAGEMENT PRACTICES. THE FOLLOWING MANAGEMENT PRACTICES SHALL BE FOLLOWED TO THE MAXIMUM EXTENT PRACTICABLE. FAILURE TO COMPLY WITH THESE PRACTICES MAY BE CAUSE FOR REQUIRING AN INDIVIDUAL PERMIT. APPLICANT SHOULD PROVIDE EXPLANATION FOR MANAGEMENT PRACTICES NOT MET. MET NOT MET 1. DISCHARGE OF DREDGED OR FILL MATERIAL INTO WATERS (x ] [ ] OF THE UNITED STATES SHALL BE AVOIDED OR MINIMIZED THROUGH THE USE OF-OTHER PRACTICAL ALTERNATIVES. 2. DISCHARGES IN SPAWNING AREAS DURING SPAWNING N/A [ ] [ ] SEASONS SHALL BE AVOIDED. 3. DISCHARGES SHALL NOT RESTRICT OR IMPEDE THE [xI [ ] MOVEMENT OF AQUATIC SPECIES INDIGENOUS TO THE WATERS OR THE PASSAGE OF NORMAL OR EXPECTED HIGH FLOWS OR CAUSE THE RELOCATION OF THE WATER (UNLESS THE PRIMARY PURPOSE OF THE FILL IS TO IMPOUND WATERS). 4. IF THE DISCHARGE CREATES AN IMPOUNDMENT OF WATER, N/A [ ] [ ] ADVERSE IMPACTS ON THE AQUATIC SYSTEM CAUSED BY THE ACCELERATED PASSAGE OF WATER AND/OR THE RESTRICTION OF ITS FLOW SHALL BE MINIMIZED. 5: DISCHARGE IN WETLAND AREAS SHALL BE AVOIDED. [ ] [x] Purpose of ADN. Project has avoided wetlands to greatest extent practicable. 6. HEAVY EQUIPMENT WORKING IN WETLANDS SHALL BE PLACED N/A [ ] [ ] ON MATS. 7. DISCHARGES INTO 3REEEDING AREAS FOR MIGRATORY WATERFOWL SHALL BE AVOIDED. N/A ] [ ] 8. ALL TEMPORARY FILLS SHALL BE REMOVED IN THEIR N/A [ ] [ ] ENTIRETY. Z. OWN R'S SIGNATURE DATE IF APPLICABLE: Dr. L. R. Goode, PE Director, Programs, Policy and Budget AGENT'S NAME: AGENT'S ADDRESS: AGENT'S PHONE NUMBER: AGENT'S SIGNATURE DATE L RIPARIAN Lr.NDOWNERS High Point Board of Education D. O. Shumate P.O. Box 789 610 Shadybrook Road High Point, NC 27261 High Point, NC 27260 siceloff Gil and Coal Co. P.G. Box 327 High Point, NC 27,261 A.J. Tivada P.O. Bost 5965 High Point, NC 27262 B. M. Nixon 513 Aberdeen Road High Point, NC 27260 W. R. McKinzie 1103.Glenwick Lane High Point, NC 27262 D. G. Cedolia 603 Shadybrook Road High Point, NC 27260 J. E. Isley 608 Shadybrook Road High Point, NC 27260 Charles Lohmeyer 3808 West Field Street High Point, NC 27260 City of High Point Attn: R. U: Moss 211 South Hamilton Street High Point, NC 27260 M. T. Wiggs 3606 Hillside Drive High Point, NC 27260 S. C. Nooe 3304 Hillside Drive High Point, NC 27260 H: P. Stinson 2881 Highway 66 South Kernersville, NC 27284 W. A. Brown 3701 Rolling Road High Point, NC 27260 R. S. Sharpless 3810 West Field Drive High Point, NC 27260 C. J. Misiaveg 606 Shadybrook Road High Point, NC 27260 WETLAND MITIGATION PLAN NCDOT PROJECT R-0609D, GUILFORD COUNTY US 311 East Belt from West of High Point Reservoir to 200' West of NC 68, Eastchester Drive September 23, 1991 (1) Type of wetlands impacted: Bottomland hardwoods. (2) Acreage and location of area impacted: 5.94 acres adjacent to Hiatt Branch (Figures 2, 3, 4, 5 and 6 of Permit Drawings). (3) Types of mitigation: Acquisition and protection, on- . site; in-kind, of 2.07 acres of bottomland hardwoods. Off-site creation of 3.2 acres of bottomland hardwoods. Debiting of 0.67 acres from the NCDOT Company Swamp Mitigation Bank. (4) Acreage of mitigation: 5.94 acres. (5) Mitigation ratio: 1:1 (6) Locations of mitigation sites: See maps included with Permit Drawings (Figures 2, 2A, and 2B) and Mitigation Plan Details. (7) The proposed mitigation measures for the selected alternative will result in acquiring and protecting 2.07 acres of wooded property currently owned by the High Point City Board of Education, creation of bottomland hardwoods at two sites (0.7 acres owned by City of High Point and 2.5 acres at the Jackson Lake Bed) in Guilford County, and debiting of the Company Swamp Mitigation Bank. (3) The two soil associations located with-in the proposed 2.07 acre mitigation site are the Enon fine sandy loam (10 to 15 percent slopes) and the Chewacla sandy loam. Both soil associations are not listed as hydric soils; however, small inclusions of the Wehadkee (hydric soil) association are found in the Chewacla soils. The soils on either side of Hiatt Branch are conducive to the continued growth of naturally occurring hydrophytic S vegetation., . secondary source of hydrology for the soils located north of Hiatt Branch is an approximate si_x foot wide by five foot deep stream which flows from the vicinity of Aberdeen Road. This small stream, which carries drainage from the private properties located between Langdale Drive and Imperial Drive, has created some soil erosion within the mitigation site, especially during storm events. A rip rap dam approximately five feet high (located approximately fifty feet from the outlet of the 48" pipe under Aberdeen Road) and at least two shallow water turnouts will be formed on this stream bed to carry water into undisturbed areas of the mitigaticn site, thereby dissipating the water velocity and flow. (9) The water turnoutO will be approximately one foot deep and should parallel Aberdeen Road. The water should sheet'flow out of the water turnouts across the .mitigation site. It is necessary that these turnouts be inspected immediately following significant rain events to evaluate their effectiveness. The turnouts should cause the non-hydric Enon soils to slowly revert to an anaerobic condition as a result of increased saturation. (10) The two stream culverts located below Hillside Drive will be cleared of sand and debris.. Maximum water flow through these culverts is reduced by 50% as aresult of this obstruction. Removal of the Hiatt Branch stream- bottom sediment for a distance of 150 feet immediately upstream and downstream of the box culvert must be accomplished as as method of decreasing the sedimentation rate within the culvert. The side slopes immediately upstream of the culvert need not be excavateq as they are supported by rip rap and rooted -vegetation. (11) The planting and monitoring plans for the 0.7 acre site (City of High Point) and the 2.5 acre site (Jackson Lake Bed) are attached. t PROJECT: 8.1570606 R-609D Guildford Co. US 311 High Point East Belt From High Point Reservoir to NC 68 GUIDELINES FOR WETLAND MONITORING PROGRAM September 13, 1991 I. Monitoring Time Frame - Mitigation site shall be inspected at the following times. A. Prior to planting B. At completion of planting C. Two (2) years following completion (or after 2nd full growing season) II. Data to be Obtained at Specific Inspection Times A. Prior to planting - 3.2 acres 1. Check for proper elevation and grade, get the permitting agency's approval on the elevation. 2. Check for proper plant species and for acceptable plant quality. 25% Fraxinus pennsylvanica - Green Ash, 15-18", Seedling, Br. 25% Nyssa sylvatica - Black Gum, 15-18", Seedling, Br. 25$ ercus lyrata - Overcup Oak, 15-18", Seedling, Br. 25% Quercus ni ra - Water Oak, 15-18", Seedling, Br. Note: Plant species are contingent on availability at the time of planting. 3. Check for proper planting methods 4. Check for proper plant spacing (8' O.C., 680 seedlings per acre) B. At completion of planting check for conformity with plans as well as quality of planting C. Two (2) years following completion (or after 2nd full growing season) 1. Estimate survival rate (optional - collect data if it can be determined) 2. Measure height of plants - 3. Take Photograph(s) 4. Estimate percent population a. Planted species b. Overall (natural succession) Page 2 R-609D, September 13, 1991 III. Evaluation and Recourse Action A. Acceptable survival rate (50% population planted and natural succession of desirable species) B. Two (2) year data evaluation 1. Below acceptable survival rate (recourse options) a. Replant (supplemental or complete) b. Minor regrading c. Reevaluate feasibility 2. Acceptable survival rate - no action I GUILFORD SCALE N - Y- W`[ : COUNTY NORTH CAROLINA, MATCH LINE E' - ---- ----::?- - 1 1833 1 nrs 1.1? 1}!d, ? j.. I???? laro Jzi 30 7 d .416 I i.»l' j" wo Y } EGIN PROJECT SITE III iros ? r, ITE {1 SITE 1? END PROJEC Mr?II 10 tlelerte L r \3 r . s1Y? 1 / / r 5 Itl-r,w r' 2?0\ ? __ _. SCALE Or HIES alb 10 20 _ 30 40 is SCALE OF - METM t... ispu I a ll i / O R "i T s 1(ernersvllle ?? l If4 c .1 • 111 Cost a p CyrIfQN u ""' gt;na; ?t 7s. f rr ! t `1 rote o = 10 Sad U' '.' c .9 .. _ coterie r * .._'.5 .. a,? - •itlbui ' -, ' n. - t ? -Greensboro t [ 29A odic ?", Hig oink t t,"y I? 5 11Pit ant Csrden 1 E fray y l 1S t 10 10 t 5 t ' IIt Kimnrt` yr t t e ' sn Ya in t :relit ' it • ehdi T Casa I a !iITr Glerrale 1 ewlGoss ?7 .oar. 1 i? y 1 li est ReeO °, IX I •s? 31 I 170 ti0[ f : 1 t ' Sooli a. o antimll Crays Chao* I OW q RI A N D O L `P 10 H firr' l .y P Ed FrankllnnlI I7 l i = or ns. 0 r 6 /'I L9 \Ramsaur I1r idl 1 Aslelor ' C iKary? I rl I Farm 710 s Ir mount Von ruq uanl? I ^? ?} I Col-dta, Denton tIs , Gana NeNint Sconts lu f ARRIE 1 c t..by, er I 1 y r •>. a Gee.. It VIC LAITY MAPS CF STATE PROJECT 8.1570,601 o•? um N.C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS FORSYTH-GUILFORD COUNTIES PROJECT 8.1570601 R-609 PROPOSED CHANNEL CHANGE AND ..BOX CULVERT AT HIATT BRANCH FIGURE 1 I ! t?.T. WIGvJ S .C'. NO E f ' ------------- --- Via- ? 1 er7 1?\ M ??i-Mb CONS r? Romer PROPOSED WETLANDS j MiTIGATIbN (0.7ACRES) J ' - PRO POSED- i /W MITIGATION c IT E FIGURE 2A i SITE NO. 4 - EXISTING JACKSON LA ROAD IMPACTED WETLAND (039 AC.) i? ? i .01 PROPOSED U.S. 311 .01 looo, k? %' i ITS UCTION PROPOSED JACKSON LAKE ROAD / + UNIMPACTED i \ WETLAND . \ (O.I7ACM)? \ r PROPOSED WETLAND MITIGATION: AREA ' (1.6 ACRES) r ? r _ A IT10NA, WETLA Ml7UQ AT?CN AFE?+ r ?._. 9 RE S MITIGATION • SITE FIGURE FB PROPOSED RIGHT OF WAY CHANNEL CHANGE HYATT PROPOSED RIGHT OF WAY BRANCH / LANGDALE DRty ' r E UNIMPACTED WETLAND (1.21 ACRES) \ ,; 11 A } ---EXISTING ABERDEEN •i• ! I ROAD "' I ? P?aPOSE?J P.?Q :? ?? I RAP DAM PROPOSED / PROPOSED WETLAND U.S. 311 I ?/1 (?2.07ACRES) AREA •. V. , IMPACTED / PRopos? o WETLAND 2.04 ACRES) CHANNEL CHANGE (0.19 ACRES) CONSTRUCTION \ ?.- LIMITS ', IMPERIAL DR1vE 1 ?? MITIGATION SITE 41. FIGURE 2. . f ?MATCH LiN 0 7*?_ ?? ' Z U. o K K +? I Z Houati S a: ( of Q 1 N 411 1 c _ 0 eo W ? v k 1F ? n Z s + ,? tc 3 a- ' 3 JAP W ' 46 . d H w s ? RCec ? ti? ?? Y , SITE r N.C. DEPT. OF TRANSPORTATION ,? . j- . [IMPACTED WETLAND DIVISION OF HIGHWAYS 1, y FORSYTH-GUILFORD COUNTIES PROJECT 8.1570601 R-609 DENOTE5 FILL BELOW OH. W. PROPOSED CHANNEL CHANGE AND o i00' . . BOX CULVERT AT _HIATT BRANCH 5CALE FIGURE 3 HIGH POINT ' CITY , BOARD OF i; EDIJCATIOtl 1A IA •s ; 41 A I I 1 ? f I I ? 1 't `A ? I I? ?• w r v } 1 M ,? I G I -A + ?1 e ? '? ?1 y ? 1 N I C= n ? 1 iv S G?\ ' J a1 MATCH ?? LINE VCL_ V. (F FILL 8RDN QtiW. i,?9Fi cr XER!-CE C.AIL) FLOW Hit-TT ERANCH 2. cfs TF'JEUT/+AY TO HIATT BRANCH aSers TOTAL FILL lZS.331CY o 5 1o; SITE I LENOTES FLL SEL[W JAW I a ' .? 1 <yZ I 1 1 J I = r r =,ApAC?i.O WE'CI.At?CS N'.C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS FORSYTH-GUILFORD COUNTIES PROJECT 8.1570601 R-6097D PROPOSED CHANNEL CHANGE AND 'BOX CULVERT AT HIATT BRANCH FIGURE 4 0 \ I ? t CITY OF HIGH P NT \ \ r 'A \ \ \ 1? ?< JI p 91 \ 1 \\ \. , c ? HIGH POINT GITY BOAR D \ OF EDUCATION I \' 1 2.04 ACRES IMPACTED WETLANDS \(.:.1\ = i:F cVUcr A\FRP-6F DRILY FLCVv 2.3m N.C. DEPT. OF TRANSPORTATION TOTAL FILL I94.5(oZcY DIVISION OF HIGHWAYS SITE H FORSYTH-GUILFORD COUNTIES a _5 ,?. PROJECT 8.1570601 R-609 -c/-LE PROPOSED CHANNEL CHANGE AND -ncTES FLT E'C-L)A G.H.W. BOX CULVERT AT HIATT BRANCH FIGURE 5 1 1 C,A ? 4! r ca ? D 1 ? Q,Y? I yHj 1 ti ?2-9xa RCBC l , t o ' L Qp? *lolll A N 1 MATCH LINE SITE U IMPACTED WETLANDS o ioo' r-- -- ® SCALE ?•:. .1 DEMOTES FILL BELOW C.H.W. N.C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS FORSYTH-GUILFORD COUNTIES PROJECT 8.1570601 R-609 PROPOSED CHANNEL CHANGE AND BOX CULVERT AT HIATT BRANCH r? I 4 I I I ? I I ? I CIA + 1U ?` ? O• 1 Q r V<<, ? 6,P ?a. , 1 , `tl I V \/ FIGURE 6 \ no ` N ,y FIGURE 7 -j co co • ? H Z W o ? t m ? r 1 a 3 LAJ a -r d a ? Q °W ? 3 CL w a a i i a i Q i? uii N U r _ Q t r ? I N.C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS FORSYTH-GUILFORD COUNTIES PROJECT 8.1570601 R-609 I PROPOSED CHANNEL CHANGE AND BOX CULVERT AT HIATT BRANCH cA co co o ? ? c\j O I I co i co I !\ W ? z 5 O ? - ` cc o a- ? , ' CD O w N w LLJ v ? Q v 1 ? ? ? tIl I = Q Lo J Q Z . t a O v 1 W o W = > O o o ul CIO ?' f v t >z Q co N 3 z w , c- c a LJ ' N.C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS I I I FORSYTH-GUILFORD COUNTIES PROJECT 8.1570601 R-609 c\j PROPOSED CHA NNEL CHANGE AND BOX CULVERT AT HIATT BRANCH `r +f O co ?D co J g 0 I c4j ? Z w Q X O Z C:c co O L aC a L W U U 2f O U ? (1 m W L f) 3 Cl Q J LLJ J J tll Q N Z Q Q U z z ac W O w p = > o L C, `jV \ J ? Q ? o Q m? ?o J j `n > ? co I r t i o I I N 0 r MEMO DATE: TO: L C,,c s SUBJECT: /D4% ct--- K - ----- cs 29D. ?rll vne_ r From do North Carolina De artment of Environment, Health, and Natural Resources ?(? Printed on Recycled Paper 4 DIVISION OF ENVIRONMENTAL MANAGEMENT January 13, 1991 TO: John Dorney ZJ4) FROM: Preston Howard SUBJECT: 401 Certification Hearing US 311 Bypass Project High Point, Guilford County After reviewing my notes from the 7 January 1992 Public Hearing on the proposed project, I have several questions that need to be resolved before I prepare a recommended decision for the Director's consideration: (1) Ms. Cindy Bell of DOT stated that DOT cannot condemn land to satisfy mitigation requirements of State or Federal Governments. I would like to have a statutory cite or a written opinion from the Attorney General's Off?ice that confirms this statement. (2) Several speakers stated that a DEM/EPA decision not to designate Guilford County "nonattainment" for carbon monoxide was contingent on construction of the US 311 Bypass. Please ask our Air Quality staff to comment on this issue. (3) Several speakers stated that the project is in conflict with both the High Point City Ordinance (sections relating to activities in the Oak Hollow Watershed), and DOT's proposed BMP's for water supply watershed. DOT must secure for the Hearing Record a written statement from the City of High Point that confirms that DOT's US 311 Bypass project plans are compliant with all High Point Water Supply Protection Ordinances. DOT must also address whether or not the proposed project complies with their proposed water supply watershed BMP's (if not, explain why). (4) Mr Linwood O'Neal of High Point noted that any construction activities in the immediate vicinity of Oak Hollow Lake must receive approval from the Bureau of Recreation. DOT must provide a written statement from the Bureau that confirms the Bureau's approval of the US 311 Bypass project. (5) How will the EMC's decision on the new Water Supply Watershed Rules (probably to be scheduled for March 1992 EMC Meeting) affect the proposed project? (i.e., If our decision on this 401 Certification has not been made prior to the effective date of the new rules, will this project have to comply with the new rules?) If you have any questions, please give me a call. 0 is Rr• . l' a? $r 4 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION P.O. BOX 25201 RALEIGH 27611-5201 JAMES G. MARTIN GOVERNOR THOMAS J. HARRELSON SECRETARY March 20, 1992 Division of Environmental Management North Carolina Department of Environment, Health, and Natural Resources 512 North Salisbury Street Raleigh, North Carolina, 27604 ATTENTION: Mr. John Dorney Water Quality Planning Branch Dear Sir: r " 7 5Rl ;g MAR 2 7 Igg2 WATER att,;Ll7',' SEAT+?Pr DIVISION OF HIGHWAYS WILLIAM G. MARLEY, JR., P.E. STATE HIGHWAY ADMINISTRATOR SUBJECT: Guilford County - US 311 East Belt from west of High Point Reservoir to 2000 feet west of NC 68, Eastchester Drive; T.I.P. No. R-0609D; State Project No. 8.1570601 In response to your correspondence of February 5, 1992, requesting information for Mr. Howard, the following information is submitted: 1) A copy of the Department of Transportation's Powers Statute G.S. 136-18 is enclosed. The circumstances in which NCDOT has eminent domain are detailed in this document. At this time, the right to condemn private property for mitigation purposes is not a power granted to the NCDOT. Please also note the memorandum to the Deputy Attorney General, dated February 4, 1992, specifically addressing this issue. 2) The Hydraulics Unit feels that the project design complies with NCDOT's Best Management Practices to the extent practicable. To our knowledge, the proposed drainage and erosion control plans are An Equal Opportunity/Affirmative Action Employer SV consistent with locally adopted plans and ordinances. The primary goal of the BMP's is to prevent degradation of all state waters through the location, construction, or operation of the highway system,"and the proposed project is no exception. For example, Oak Hollow Lake is being protected by providing permanent retention basins at the beginning and end of the lake crossing to contain possible Hazardous discharges from the roadway. These basins will be provided with sluice gates to cut off discharges into the lake in the event of a Hazardous spill. In addition, an expressway gutter has been added across the causeway to direct roadway drainage back to the retention basins. There are other outfalls within the Oak Hollow Lake watershed where possible Hazardous discharges can occur, but it is felt that these locations are at a distance from the lake such that a Hazardous spill could be contained before reaching the lake. The erosion control plans are consistent with minimum design standards and all temporary and permanent erosion control devices are designed to accommodate the ten year storm. Type "A" sediment basins are the NCDOT's best erosion control device. These basins will be installed where practicable. In areas where Type "A" basins are unsuitable, a combination of Type "B" basins, brush barriers, silt fences, check dams and rip rap will be used to control erosion. In any event, there are no discharge points associated with the roadway that lack an erosion control device or a combination of erosion control devices designed to treat runoff before releasing it into a receiving stream. Please inform us if you have received any information regarding new local watershed management regulations which might affect this project. 3) The enclosed memoranda from the N.C. Division of Parks and Recreation and the City of High Point Parks and Recreation Department indicate that these agencies have no objections to the project, provided that it is constructed within the corridor which was reserved prior to the construction of Oak Hollow Lake. If you have any questions, please contact Cyndi Bell at (919) 733-9770. Since ly, B. O' uinn, P.E. Assistant Manag Planning & Environmental Branch cc: Mr. Dennis Pipkin, P.E. § 136-18 ROADS AND HIGHWAYS § 136-18 (3) Twenty-five percent (25%) on the fraction one-seventh, which provides an equal share based on the number of distribution regions. (c) When ninety percent (90%) of the mileage of the Intrastate System projects listed in G.S. 136-179 is completed, the Secretary of Transportation shall, on or before October 1 of each year, calculate the estimated amount of funds subject to this section that will be available for the next seven program years beginning that October 1. The Secretary shall then calculate a tentative percentage share for each distribution region by multiplying the total estimated amount by a factor that is based: (1) Sixty-six percent (66%) on the estimated population of the distribution region compared to the total estimated popula- tion of the State; and (2) Thirty-four percent (34%) on the fraction one-seventh, which provides an equal share based on the number of distribution regions. (d) In each fiscal year, the Department shall, as nearly as practi- cable, expend in a distribution region an amount equal to that region's tentative percentage share of the funds that are subject to this section and are available for that fiscal year. In any consecu- tive seven-year period, the amount expended in a distribution re- gion must be between ninety percent (90%) and one hundred ten percent (110%) of the sum of the amounts established under this subsection as the target amounts to be expended in the region for those seven years. (e) In making the calculation under this section, the Secretary shall use the most recent estimates of population certified by the State Budget Officer. (f) In developing the schedules of improvements to be funded from the Trust Fund and of improvements to be made under the Transportation Improvement Program, the Board of Transportation shall consider the highway needs of every county in a distribution region and shall make every reasonable effort to schedule the con- struction of highway improvements in a manner that addresses the needs of every county in the region in an equitable and timely manner. (1989, c. 692, s. 1.4; c. 770, s. 74.7.) Editor's Note. - Session Laws 1989, c. 692, s. 8.3 makes this section effective August 1, 1989. Effect of Amendments. - The 1989 amendment, effective August 12, 1989, amends this section as enacted by Ses- sion Laws 1989, c. 692, s. 1.4, effective August 1, 1989, by redesignating subdi- vision (c)(3) as subdivision (c)(2). § 136-18. Powers of Department of Transportation. The said Department of Transportation shall be vested with the following powers: (1) The general supervision over all matters relating to the construction of the State highways, letting of contracts ?s therefor, and the selection of materials to be used -in the W construction of State highways under the authority of this Chapter. (2) To take over and assume exclusive control for the benefit of the State of any existing county or township roads, and to locate and acquire rights-of-way for any new roads that may be necessary for a State highway system, with full 15 § 136-18 TRANSPORTATION AND HIGHWAY LAWS § 136-18 _ M § 1 power to widen, relocate, change or alter the grade or loca- tion thereof and to change or relocate any existing roads that the Department of Transportation may now own or may acquire; to acquire by gift, purchase, or otherwise, any road or highway, or tract of land or other property whatso= ever that may be necessary for a State highway system: Provided, all changes or alterations authorized by this sub- division shall be subject to the provisions of G.S. 136-54 to 136-63, to the extent that said sections are applicable: Pro- vided, that nothing in this Chapter shall be construed to authorize or permit the Department of Transportation to allow or pay anything to any county, township, city or town, or to any board of commissioners or governing body thereof, for any existing road or part of any road heretofore constructed by any such county, township, city or town, unless a contract has already been entered into with the Department of Transportation. (3) To provide for such road materials as may be necessary to carry on the work of the Department of Transportation, either by gift, purchase, or condemnation: Provided, that when any person, firm or corporation owning a deposit of sand, gravel or other material, necessary, for the construc- tion of the system of State highways provided herein, has entered into a contract to furnish the Department of Trans- portation any of such material, at a price to be fixed by said Department of Transportation, thereafter the Depart- went of Transportation shall have the right to condemn the necessary right-of-way under the provisions of article 9 of Chapter 136, to connect said deposit with any part of the system of State highways or public carrier, provided that easements to material deposits, condemned under this Article shall not become a public road and the condemned easement shall be returned to the owner as soon as the deposits are exhausted or abandoned by the Department of Transportation. (4) To enforce by mandamus or other proper legal remedies all legal rights or causes of action of the Department of Trans- portation with other public bodies, corporations, or per- sons. (5) To make rules, regulations and ordinances for the use of, and to police traffic on, the State highways, and to prevent their abuse by individuals, corporations and public corpo- rations, by trucks, tractors, trailers or other heavy or de- structive vehicles or machinery, or by any other means whatsoever, and to provide ample means for the enforce- ment of same; and the violation of any of the rules, regula- tions or ordinances so prescribed by the Department of Transportation shall constitute a misdemeanor: Provided, no rules, regulations or ordinances shall be made that will conflict with any statute now in force or any ordinance of incorporated cities or towns, except the Department of Transportation may regulate parking upon any street which forms a link in the State highway system, if said street be maintained with State highway funds. (6) To establish a traffic census to secure information about the relative use, cost, value, importance, and necessity of roads 16 § 136-18 ROADS AND HIGHWAYS § 136-18 forming a part of the State highway system, which infor- mation shall be a part of the public records of the State, and upon which information the Department of Transpor- tation shall, after due deliberation and in accordance with these established facts, proceed to order the construction of the particular highway or highways. (7) To assume full and exclusive responsibility for the mainte- nance of all roads other than streets in towns and cities, forming a part of the State highway system from date of acquiring said roads. The Department of Transportation shall have authority to maintain all streets constructed by the Department of Transportation in towns of less than 3,000 population by the last census, and such other streets as may be constructed in towns and cities at the expense of the Department of Transportation, whenever in the opin- ion of the Department of Transportation it is necessary and proper so to do. (8) To give suitable names to State highways and change the names as determined by the Board of Transportation of any highways that shall become a part of the State system of highways. (9) To employ appropriate means for properly selecting, plant- ing and protecting trees, shrubs, vines, grasses or legumes in the highway right-of-way in the promotion of erosion control, landscaping and general protection of said high- ways; to acquire by gift or otherwise land for and to con- struct, operate and maintain roadside parks, picnic areas, picnic tables, scenic overlooks and other appropriate turn- outs for the safety and convenience of highway users; and to cooperate with municipal or county authorities, federal agencies, civic bodies and individuals in the furtherance of those objectives. None of the roadside parks, picnic areas, picnic tables, scenic overlooks or other turnouts, or any part of the highway right-of-way shall be used for commer- cial purposes except for vending machines permitted by the Department of Transportation and placed by the Divi- sion of Services for the Blind, Department of Human Re- sources, as the State licensing agency designated pursuant to Section 2(a)(5) of the Randolph-Sheppard Act (20 USC 107a(a)(5)). The Department of Transportation shall regu- late the placing of the vending machines in highway rest areas and shall regulate the articles to be dispensed. Every other use or attempted use of any of these areas for com- mercial purposes shall constitute a misdemeanor and each day's use shall constitute a separate offense. (10) To make proper and reasonable rules, regulations and or- dinances for the placing or erection of telephone, telegraph or other poles, signboards, fences, gas, water, sewerage, oil, or other pipelines, and other similar obstructions that may, in the opinion of the Department of Transportation, contribute to the hazard upon any of the said highways, or in any wise interfere with the same, and to make reason- able rules and regulations for the proper control thereof. And whenever the order of the said Department of Trans- portation shall require the removal of, or changes in, the location of telephone, telegraph, or other poles, signboards, 17 § 136-18 TRANSPORTATION AND HIGHWAY LAWS § 136-18 fences, gas, water, sewerage, oil, or other pipelines, or other similar obstructions, the owners thereof shall at their own expense move or change the same to conform to the order of said Department of Transportation. Any viola- tion of such rules and regulations or noncompliance with such orders shall constitute a misdemeanor. (11) To regulate, abandon and close to use, grade crossings on any road designated as part of the State highway system, and whenever a public highway has been designated as part of the State highway system and the Department of 'Transportation, in order to avoid a grade crossing or cross- ings with a railroad or railroads, continues or constructs the said road on one side of the railroad or railroads, the Department of Transportation shall have power to aban- don and close to use such grade crossings; and whenever an underpass or overhead bridge is substituted for a grade crossing, the Department of Transportation shall have power to close to use and abandon such grade crossing and any other crossing adjacent thereto. (12) The Department of Transportation shall have such powers as are necessary to comply fully with the provisions of the present or future federal aid acts. The said Department of Transportation is hereby authorized to enter into all con- tracts and agreements with the United States government relating to survey, construction, improvement and mainte- nance of roads, urban area traffic operations studies and improvement pro jects on the streets on the State highway system and on the municipal system in urban areas, under the provisions of the present or future congressional enact- ments, to submit such scheme or program of construction or improvement and maintenance as may be required by the Secretary of Transportation or otherwise provided by federal acts, and to do all other things necessary to carry out fully the cooperation contemplated and provided for by present or future aid acts of Congress for the construction or improvement and maintenance of federal aid of State highways. The good faith and credit of the State are fur- ther hereby pledged to make available funds necessary to meet the requirements of the acts of Congress, present or future, appropriating money to construct and improve ru- ral post roads and apportioned to this State during each of the years for which federal funds are now or may hereafter be apportioned b the said act or acts, to maintain the roads constructed or improved with the aid of funds so appropriated and to make adequate provisions for carrying out such construction and maintenance. The good faith and credit of the State are further pledged to maintain such roads now built with federal aid and hereafter to be built and to make adequate provisions for carrying out such maintenance. Upon request of the Department of Trans- portation and in order to enable it to meet the require- ments of acts of Congress with respect to federal aid funds apportioned to the State of North Carolina, the State Trea- surer is hereby authorized, with the approval of the Gover- nor and Council of State, to issue short term notes from time to time, and in anticipation of State highway revenue, § 1 18 J § 136-18 ROADS AND HIGHWAYS § 136-18 and to be payable out of State highway revenue for such sums as may be necessary to enable the Department of Transportation to meet the requirements of said federal aid appropriations, but in no event shall the outstanding notes under the provisions of this section amount to more than two million dollars ($2,000,000). (13) The Department of Transportation is authorized and em- powered to construct and maintain all walkways and driveways within the Mansion Square in the City of Ra- leigh including the approaches connecting with the city streets, and any funds expended therefor shall be a charge against general maintenance. (14) The Department of Transportation shall have authority to provide roads for the connection of airports in the State with the public highway system, and to mark the high- ways and erect signals along the same for the guidance and protection of aircraft. (15) The Department, of Transportation shall have authority to provide facilities for the use of waterborne traffic by estab- lishing connections between the highway system and the navigable waters of the State by means of connecting roads and piers. (16) The Department of Transportation, pursuant to a resolu- tion of the Board of Transportation, shall have authority, under the power of eminent domain and under the same procedure as provided for the acquirement of rights-of-way, to acquire title in fee simple to parcels of land for the pur- pose of exchanging the same for other real property to be used for the establishment of rights-of-way or for the wid- ening of existing rights-of-way or the clearing of obstruc- tions that, in the opinion of the Department of Transporta- tion, constitute dangerous hazards at intersections. Real property may be acquired for such purposes only when the owner of the property needed by the Department of Trans- portation has agreed in writing to accept the property so acquired in exchange for that to be used by the Depart- the Department of Transportation, an economy in the expen??i- ture of public funds and the improvement and convenience and safety of the highway can be effected thereby. (17) The Department of Transportation is hereby authorized and required to maintain and keep in repair, sufficient to accommodate the public school buses, roads leading from the state-maintained public roads to all public schools and public school buildings to which children are transported on public school buses to and from their homes. Said De- partment of Transportation is further authorized to con- struct, pave, and maintain school bus driveways and suffi- cient parking facilities for the school buses at those schools. The Department of Transportation is further,au- i thorized to construct, pave, and maintain all other dove- ways and entrances to the public schools leading from pub- lic roads not required in the preceding portion of this sub- division. (18) To cooperate with appropriate agencies of the United States in acquiring rights-of-way for and in the construc- 19 § 136-18 TRANSPORTATION AND HIGHWAY LAWS § 136-18 tion and maintenance of flight strips or emergency landing fields for aircraft adjacent to State highways. (19)' To prohibit the erection of any informational, regulatory, or warning signs within the right-of-way of any highway project built within the corporate limits of any municipal- ity in the State where the funds for such construction are derived in whole or in part from federal appropriations expended by 'the Department of Transportation, unless such signs have first been approved by the Department of Transportation. (20) The Department of Transportation is hereby authorized to maintain and keep in repair a suitable way of ingress and egress to all public or church cemeteries or burial grounds in the State notwithstanding the fact that said road is not a part of the state-maintained system of roads. For the purpose of this subdivision a public or church cemetery or burial ground shall be defined as a cemetery or burial ground in which th re are buried or permitted to be buried deceased persons of the community in which said cemetery or burial ground is located, but shall not mean a privately owned cemetery operated for profit or family burial plots. (21) The Department of Transportation is hereby authorized and directed to remove all dead animals from the traveled portion and rights-of-way of all primary and secondary roads and to dispose of such animals by burial or other- wise. In cases where there is evidence of ownership upon the body of any dead dog, the Department of Transporta- tion shall take reasonable steps to notify the owner thereof by mail or other means. (22) No airport or aircraft landing area shall be constructed or altered where such construction or alteration when under- taken or completed may reasonably affect motor vehicle operation and safety on adjoining public roads except in accordance with a written permit from the Department of Transportation or its duly authorized officers. The Depart- ment of Transportation is authorized and empowered to regulate airport and aircraft landing area construction and alteration in order to preserve safe clearances between highways and airways and the Department of Transporta- tion is authorized and empowered to make rules, regula- tions, and ordinances for the preservation of safe clear- ances between highways and airways. The Department of Transportation shall be responsible for determining safe clearances and shall fix standards for said determination which shall not exceed the standards adopted for similar purposes by the United States Bureau of Public Roads un- der the Federal Aid Highway Act of 1958. Any person, firm, corporation or airport authority constructing or alter- ing an airport or aircraft landing area without obtaining a written permit as herein provided, or not in compliance with the terms of such permit, or violating the provisions of the rules, regulationp or ordinances promulgated under the authority of this section shall be guilty of a misde- meanor punishable in the discretion of the court; provided, that this subdivision shall not apply to publicly owned and operated airports and aircraft landing areas receiving fed- i § 136-18 (23) (24) A25) 0 (26) 20 § 136-18 ROADS AND HIGHWAYS § 136-18 eral funds and subject to regulation by the Federal Avia- tion Authority. (23) When in the opinion of the Department of Transportation an economy in the expenditure of public funds can be ef- fected thereby, the Department of Transportation shall have authority to enter into agreements with adjoining states regarding the planning, location, engineering, right- of-way acquisition and construction of roads and bridges connecting the North Carolina State highway system with public roads in adjoining states, and the Department of Transportation shall have authority to do planning, sur- veying, locating, engineering, right-of-way acquisition and construction on short segments of roads and bridges in ad- joining states with the cost of said work to be reimbursed by the adjoining state, and may also enter into agreements with adjoining states providing for the performance of and reimbursement to the adjoining state of the cost of such work done within the State of North Carolina by the ad- joining state: Provided, that the Department of Transpor- tation shall retain the right to approve any contract for work to be done in this State by an adjoining state for which the adjoining state is to be reimbursed. (24) The Department of Transportation is further authorized to pave driveways leading from state-maintained roads to ru- ral fire district firehouses which are approved by the North Carolina Fire Insurance Rating Bureau and to facilities of rescue squads furnishing ambulance services which are approved by the North Carolina State Association of Res- cue Squads, Inc. (25) The Department of Transportation is hereby authorized and directed to design, construct, repair, and maintain paved streets and roads upon the campus of each of the State's institutions of higher education, at state-owned hospitals for the treatment of tuberculosis, state-owned or- thopedic hospitals, juvenile correction centers, mental health hospitals and retarded centers, schools for the deaf, and schools for the blirid, when such construction, mainte- nance, or repairs have been authorized by the General As- sembly in the appropriations bills enacted by the General Assembly. Cost for such construction, maintenance, and repairs shall be borne by the Highway Fund. Upon the General Assembly authorizing the construction, repair. or maintenance of a paved road or drive upon any of the above-mentioned institutions, the Department of Trans- portation shall give such project priority to insure that it shall be accomplished as soon as feasible, at the minimum cost to the State, and in any event during the biennium for which the authorization shall have been given by the Gen- eral Assembly. s (26) The Department of Transportation, at the request of a representative from a board of county commissioners;., is hereby authorized to acquire by condemnation. new or ad- ditional right-of-way to construct, pave or otherwise im- prove a designated State-maintained secondary road upon presentation by said board to the Department of Transpor- tation of a duly verified copy of the minutes of its meeting 21 § 136-18 TRANSPORTATION AND HIGHWAY LAWS § 136-18 showing approval of such request by a majority of its mem- bers and by the further presentation of a petition request- ing such improvement executed by the abutting owners whose frontage on said secondary road shall equal or ex- ceed seventy-five percent (75%) of the linear front footage along the secondary road sought to be improved. This sub- division shall not be construed to limit the authority of the Department of Transportation to exercise the power of em- inent domain. (27) The Department of Transportation is authorized to estab- lish policies and promulgate rules providing for voluntary property owner or highway user participation in the costs of maintenance or improvement of roads which would not otherwise be necessary or would not otherwise be per- formed by the Department of Transportation and which will result in a benefit to the property owner or highway user. By way of illustration and not as a limitation, such costs include those incurred in connection with drainage improvements dr maintenance, driveway connections, dust control on unpaved roads, surfacing or paving of roads and the acquisition of rights-of-way. Property owner and high- way user participation can be in the form of materials, money, or land (for right-of-way) as deemed appropriate by the Department of Transportation. The authority of this section shall not be used to authorize, construct or main- tain toll roads or bridges. (28) The Department of Transportation may obtain land, ei- ther by gift, lease or purchase which shall be used for the construction and maintenance of ridesharing parking lots. The Department may design, construct, repair, and main- tain ridesharing parking facilities. (29) The Department of Transportation may establish policies and adopt rules about the size, location, direction of traffic flow, and the construction of driveway connections into any street or highway which is a part of the State Highway System. The Department of Transportation may require the construction and public dedication of acceleration and deceleration lanes, and traffic storage lanes and medians by others for the driveway connections into any United States route, or North Carolina route, and on any secon- dary road route with an average daily traffic volume of 4,000 vehicles per day or more. (1921, c. 2, s. 10; 1923, c. 160, s. 1; c. 247; C.S., s. 38460); 1929, c. 138, s. 1; 1931, c. 145, ss. 21, 25; 1933, c. 172; c. 517, c. 1; 1935, c. 213, s. 1; c. 301; 1937, c. 297, s. 2; c. 407, s. 80; 1941, c. 47; c. 217, s. 6; 1943, c. 410;1945, c. 842;1951, c. 372;1953, c. 437;1957, c. 65, s. 11; c. 349, s. 9;1959, c. 557;1963, cc. 520,1155;1965, c. 879, s. 1; 1967, c. 1129; 1969, c. 794, s. 2; 1971, cc. 289, 291, 292, 977; 1973, c. 507, s. 5;1977, c. 460, ss. 1, 2; c. 464, ss. 7.1, 14, 42;1981, c. 682, s. 19; 1983, c. 84; c. 102;1985, c. 718, s. 1; 1987, c. 311; 1989, c. 158.) Cross References. - As to motor ve- 62. As to Department's power of eminent hicles generally, see Chapter 20. As to domain, see § 136-19. As to power to de- authority to designate and mark truck termine the maximum load limit for routes, see § 20-141(1). As to the Utili- bridges, see § 136-72. As to authority of ties Commission generally, see Chapter Department to cooperate with counties § 136- in ests waste § 153A- and joir by Stab see § 1 Edit( c. 460. . c. 780, added shall n thority tion to main." Effe4 amendb substit "servic tence ( 1. Gei U. Poi 1. G) Del= Exclu tem. - (now 1 been I State Aker.- $X.2( . Thy *ord ref nrup) Hay. S.E.2 Po dent Crea missi tion) Pure' publi Posw for N St.at< N.C. Equi 123 71 vests visic cons way whi( 22 § 136-18 ROADS AND HIGHWAYS § 136-18 in establishing and operating solid waste disposal facilities, see 1 153A-291. As to sale, lease, exchange and joint use of governmental property by State and local governmental units, see § 160A-274. Editor's Note. - Session Laws 1977, c. 460, s. 2, added by Session Laws 1977, c. 780, s. 1, provides: "This act [which added subdivision (26) of this section) shall not be construed to limit the au- thority of the Department of Transporta- tion to exercise the power of eminent do- main." Effect of Amendments. - The 1989 amendment, effective May 29, 1989, substituted "secondary road route" for "service road route" in the second sen- tence of subdivision (29). Legal Periodicals. - For article on remedies for trespass to land in North Carolina, see 47 N.C.L. Rev. 334 (1969). Under Brown v. United States, 263 U.S. 78, 44 S. Ct. 92, 68 L. Ed. 171 (1923), and Dohany v. Rogers, 281 U.S. 362, 50 S. Ct. 299, 74 L. Ed. 904, 68 A.L.R. 434 (1930), it is likely that the taking of property for exchange purposes under the provisions of subdivision (16) would be held to be for a public use. 15 N.C.L. Rev.. 365. For a survey of 1977 law on property, see 56 N.C.L. Rev. 1111 (1978). For survey of 1984 administrative law, "A Declining Role for the Attorney General," see 63 N.C.L. Rev. 1051 (1985). CASE NOTES I. General Consideration. H. Power of Eminent Domain. 1. GENERAL CONSIDERATION. Department of Transportation Has Exclusive Control of Highway Sys- tem. - The State Highway Commission (now Department of Transportation) has been granted exclusive control over the State highway system. Van Leuven v. Akers Motor Lines, 261 N.C. 539, 135 S.E.2d 640 (1964). The word "highway" includes the word "ferry," a public ferry being merely a part of a highway. Wilmington Shipyard, Inc. v. North Carolina State Hwy. Comm'n, 6 N.C. App. 649, 171 S.E.2d 222 (1969). Powers of Department Are Inci- dental to Purpose for Which It Was Created. - The State Highway Com- mission (now Department of Transporta- tion) is the State agency created for the purpose of constructing and maintaining public highways. All the other powers it possesses are incidental to the purpose for which it was created. De Bruhl v. State Hwy. & Pub. Works Comm'n, 245 N.C. 139, 95 S.E.2d 553 (1956); C.C.T. Equip. Co. v. Hertz Corp., 256 N.C. 277, 123 S.E.2d 802 (1962). The Commission (now Department) is vested with the power of "general super- vision over all mattersi relating to the construction of the State high- ways...." All the other powers it pos- sesses are incidental to the purpose for which it was created. State Hwy. Comm'n v. Batts, 265 N.C. 346, 144 S.E.2d 126 (1965). Powers implied from General Au- thority Given and Duty Imposed. - Where a course of action is reasonably necessary for the effective prosecution of the State Highway Commission's (now Department of Transportation's) obliga- tion to supervise the construction, repair and maintenance of public highways, the power to take such action must be implied from the general authority given and the duty imposed. C.C.T. Equip. Co. v. Hertz Corp., 256 N.C. 277, 123 S.E.2d 802 (1962). Right to Sue and Be Sued. - The statutes creating the State Highway Commission (now Department of Trans- portation) enumerate its powers and du- ties in the construction, maintenance, etc., of highways for public benefit., with- out either expressly or impliedly giving it the right to sue and be sued, but mani- festly it is an agency of the State for the purpose of exercising administrative and governmental functions. Carpenter v. Atlanta & Charlotte Air Line Ry., 184 N.C. 400, 114 S.E. 693 (1922). The State Highway Commission (now Department of Transportation) cannot be sued for tort or trespass, even thqugh the trespass allegedly occurs in the building of a public highway. Moore v. Clark, 235 N.C. 364, 70 S.E.2d 182 (1952). Suit for Injunction Will Not Lie. - 23 § 136-18 TRANSPORTATION AND HIGHWAY LAWS § 136-18 Plaintiffs sued the State Highway and Public Works Commission (now Depart- ment of Transportation) to enjoin it from enforcing its ordinance restricting the placing of advertising signs along the State highways, alleging that the ordi- nance was in excess of the authority vested in the Commission (now Depart- ment) and was unconstitutional. It was held that defendant's demurrer was properly sustained, since injunction will not lie against a State agency to prevent it from committing a wrong. Schloss v. State Hwy. & Pub. Works Comm'n, 230 N.C. 489, 53 S.E.2d 517 (1949). See Moore v. Clark, 235 N.C. 364, 70 S.E.2d 182 (1952). The Department of Transportation has the statutory authority to deter- mine the nature and extent of the property required for its purposes. Frink v. North Carolina Bd. of Transp., 27 N.C. App. 207,218 S.E.2d 713 (1975). Power to Acquire Residences. - The State Highway Commission (now Department of Transportation) does not have authority to acquire residences, ei- ther by purchase or by eminent domain, unless such residence is needed for con- struction or maintenance of the highway system. De Bruhl v. State Hwy. & Pub. Works Comm'n, 245 N.C. 139,95 S.E.2d 553 (1956). Statutes Give Broad Discretion in Changing Roads. - Subdivision (2) of this section and § 136-45 give broad dis- cretionary powers to the State Highway Commission (now Department of Trans- portation) in establishing, altering, and changing the route of county roads that are or are proposed to be absorbed in the State highway system of public roads. Road Comm'n v. State Hwy. Comm'n, 185 N.C. 56, 115 S.E. 886 (1923). Construction of New Roads. - In view of subdivision (2) of this section the State Highway Commission (now De- partment of Transportation) may con- struct new roads. Board of Comm'rs v. State Hwy. Comm'n, 195 N.C. 26, 141 S.E. 539 (1928). Department May Control Use of Land Embraced by Easement. - The effect of this section is to give dominance to the easement acquired by the State. Under the terms thereof the Highway Commission (now Department of Trans- portation) has authority to control the uses to which the land embraced within the easement may be put. If it deems it wise or expedient so to do in the interest of the traveling public, it may altogether exclude the imposition of any additional easement or burden. It may not be held that the legislature intended thereby to declare that the construction and main- tenance of a telephone line is a legiti- mate highway purpose and embraced within the easement acquired for high- way use. The Commission (now Depart- ment) is merely authorized to do what- ever is necessary to be done in order to make a safe, convenient, public way for travel, including the right, if necessary, to exclude the owner and others from using any part of the surface of the way for any permanent or private purpose. Hildebrand v. Southern Bell Tel. & Tel. Co., 219 N.C. 402, 14 S.E.2d 252 (1941). Use of Right-of-Way by Owner of Fee. - Except for the purpose of ingress and egress the owner of the fee uses the same, whether for building or cultiva- tion, by permission and not as a matter of right. Hildebrand v. Southern Bell Tel. & Tel. Co., 219 N.C. 402, 14 S.E.2d 252 (1941). Use by Telephone and Telegraph Companies. - The Commission (now Department of Transportation) has been granted exclusive control over the State highway system and may in its discre- tion authorize the use of a highway right-of-way by telephone and telegraph companies, and prescribe the manner and extent of such use, subject to the right of the owner of the servient estate to payment of compensation for the addi- tional burden. Hildebrand v. Southern Bell Tel. & Tel. Co., 221 N.C. 10, 18 S.E.2d 827 (1942). See also Hildebrand v. Southern Bell Tel. & Tel. Co., 219 N.C. 402, 14 S.E.2d 252 (1941); Van Leuven v. Akers Motor Lines, 262 N.C. 539, 135 S.E.2d 640 (1964). The State Highway Commission (now Department of Transportation) has full authority to make proper and reason- able rules, regulations and ordinances for the placing or erection of telephone, telegraph or other poles within the right-of-way, and it may, at any time, require the removal of, change in, or re- location of any such poles. Van Leuven v. Akers Motor Lines, 261 N.C. 539, 135 S.E.2d 640 (1964). Regulation and Closing of Grade Crossings. - The Highway Commis- sion (now Department of Transporta- tion) is authorized to regulate, abandon, and close grade crossings and intersec- tions. Snow v. North Carolina State Hwy. Comm'n, 262 N.C. 169,136 S.E.2d 678(1964). t § 136-18 County Reopen A - The cox without po abandoned (now Depa opened to not given t ingham Cc N.C. 116, Liabilit; Caused b Street. - Commissi( portation) tion of a town is n( for an inj dangerous bridge, wl tice of suc for severs. this secti( provisions Pickett v N.C. 750, Liabilii ing Roa( partmeni public ba work is e of the put dental in the perfo he is not Pro °gs, t C S.E. d 5( Defend no &Q?tv? 1 conaruct Highway ment of not be u m.p.h., a partmeni resting t fic, post deemed Constr. 504 (19E Requi Flagmei Right-o1 for the i granted Commis portatioi the higi equipme partmen to signs the prot 24 § 136-18 ROADS AND HIGHWAYS § 136-18 County Commissioners May Not Reopen Abandoned Grade Crossing. - The commissioners of a county are without power to order a grade crossing abandoned by the Highway Commission (now Department of Transportation) re- opened to the public, and this power is not given the county by § 136-67. Rock- ingham County v. Norfolk & W. Ry.,197 N.C. 116, 147 S.E. 832 (1929). Liability of Town for Injury Caused by Dangerous Condition on Sheet, - Where the State Highway Commission (now Department of Trans- portation) has taken over the construc- tion of a town street and bridge, the town is not thereby relieved of liability for an injury proximately caused by a dangerous condition of the street at the bridge, when the to%fn had implied no- tice of such condition, which had existed for several months, as subdivision (7) of this section expressly excepts from its provisions streets in towns and cities. Pickett v. Carolina & N.W. Ry., 200 N.C. 750, 158 S.E. 398 (1931). Liability of Contractor Construct- ing Road under Contract with De- partment. - One who contracts with a public body for the performance of public work is entitled to share the immunity of the public body from liability for inci- dental injuries necessarily involved in the performance of the contract, where he is not guilty of negligence. Gilliam v. Propst Constr. Co., 256 N.C. 197, 123 S.E.2d 504 (1962). Defendant contractor owed plaintiff no duty to warn the public that a road constructed in accordance with the State Highway Commission's (now Depart- ment of Transportation's) plans could not be used at a speed in excess of 25 m.p.h., when the Commission (now De- partment) had accepted the work by di- recting that the road be opened for traf- fic, posting such signs thereon as it deemed proper. Gilliam v. Propst Constr. Co., 256 N.C. 197, 123 S.E.2d 504 (1962). Requirements as to Signs and Flagmen Did Not Give Contractor Right-of-Way. - Where a contractor for the improvement of an airport was granted permission by the Highway Commission (now Department of Trans- portation) to construct a dirt ramp over the highway to protect it from heavy equipment, the Commission's (now De- partment's) requirements with reference to signs and flagmen were primarily for the protection of the users of the high- way and did not confer on the contractor special privileges in respect to right-of- way. C.C. Mangum, Inc. v. Gasperson, 262 N.C. 32, 136 S.E.2d 234 (1964). Judicial Notice of Highway Ordi- nance. - An ordinance of the Highway Commission (now Department of Trans- portation) does not come within that class of legislative enactments of which the courts will take judicial notice. State v. Toler, 195 N.C. 481, 142 S.E. 715 (1928). Applied in Cahoon v. Roughton, 215 N.C. 116, 1 S.E.2d 362 (1939); as to sub- division (7), in Shaver Motor Co. v. City of Statesville, 237 KC. 467, 75 S.E.2d 324 (1953); North Carolina State Hwy. Comm'n v. Asheville School, Inc., 5 N.C. App. 684, 169 S.E.2d 193 (1969); North Carolina State Hwy. Comm'n v. Ashe- ville School, Inc., 276 N.C. 556, 173 S.E.2d 909 (1970); Tice v. Department of Transp., 67 N.C. App. 48,312 S.E.2d 241 (1984). Quoted in North Carolina Tpk. Auth. v. Pine Island, Inc., 265 N.C. 109, 143 S.E.2d 319 (1965). Cited in Radford v. Young, 194 N.C. 747, 140 S.E. 806 (1927); State v. Hen- derson, 207 N.C. 258, 176 S.E. 758 (1934); Wood v. Carolina Tel. & Tel. Co., 228 N.C. 605, 46 S.E.2d 717 (1948); Smith v. State Hwy. Comm'n, 257 N.C. 410, 126 S.E.2d 87 (1962); Watkins v. Lambe-Young, Inc., 37 N.C. App. 30, 245 S.E.2d 202 (1978). IL POWER OF EMINENT DOMAIN. Department Has No Power to Con- demn Property for Private Road. - This section and § 136-43 vest in the State Highway Commission (now De- partment of Transportation) broad dis- cretionary powers in establishing, con- structing, and maintaining highways as part of a statewide system of hard-sur- faced and other dependable highways, but the State Commission (now Depart- ment) has no power to condemn private property to construct a road for the pri- vate use of any person or group of per- sons, and if it does so, it is an arbitrary act and an abuse of the discretion vested in the Commission (now Department). State Hwy. Comm'n v. Batts, 2651 N.C. 346, 144 S.E.2d 126 (1965). .'' Condemnation or Curtailment of Abutting Landowner's Right of Ac- cess to Limited-Access Highway. - The power and authority vested in the State Highway and Public Works Com- 25 § 136-18 TRANSPORTATION AND HIGHWAY LAWS § 136-18 mission (now Department of Transporta- tion) by virtue of the statutes enacted by the General Assembly, to acquire by gift, purchase, or otherwise, any road or highway, or tract of land or other prop- erty whatsoever that may be necessary for a State highway system, to condemn private property as it may deem neces- sary and suitable for toad construction, to make rules, regulations and ordi- nances for the use of, and to police traffic on, the State highways, and to have such powers as are necessary to comply fully with the provisions of the present or fu- ture federal aid grants, is expressed in language broad and extensive and gen- eral and comprehensive enough and the object so general and prospective in op- eration as to authorize the Commission (now Department) to exercisg the power of eminent domain to condemn or se- verely curtail an abutting landowner's right of access to a State public highway adjacent to his property for the construc- tion or reconstruction, maintenance and repair of a limited-access highway upon the payment of just compensation. Hedrick v. Graham, 245 N.C. 249, 96 S.E.2d 129 (1957). Owner of Land Subject to High- way Easement Is Entitled to Nominal Damages for Encroachment. - It may be conceded that an easement ac- quired by the State for a public highway is, under existing law, so extensive in nature, and the control exercised by the State Highway Commission (now De- partment of Transportation) is so exclu- sive in extent, that the subservient es- tate in the land, from a practical stand- point, amounw to little more than the right of reverter in the event the ease- ment is abandoned. Nevertheless, the subsea vient estate still exists, and any encroachment thereon entitles the owner to nominal damages at least. Van Leuven v. Akers Motor Lines, 261 N.C. 539, 135 S.E.2d 640 (1964). Substitute Condemnation De- scribed. - Substitute condemnation, provided for by subdivision (16) of this section, is a transaction in which the State or an agency with the power of em- inent domain takes land under an agree- ment to compensate its owner with land to be taken in condemnation proceedings from a third person, instead of with money. North Carolina State Hwy. Comm'n v. Farm Equip. Co., 281 N.C. 459, 189 S.E.2d 272 (1972). When Substitute Condemnation Is Valid. - Substitute condemnation, pro- vided for by subdivision (16) of this sec- tion, is a valid exercise of a power of em- inent domain only when the substitution of other property is the sole method by which the owner of land taken for public use can be justly compensated and the practical problems resulting from the taking can be solved. North Carolina State Hwy. Comm'n v. Farm Equip. Co., 281 N.C. 459, 189 S.E.2d 272 (1972). Substitute condemnation of land for exchange under subdivision (16) of this section can only be justified when the property for which it is substituted ac- complishes the public purpose for which it was taken, and the cost is not dispro- portionate to the benefit derived. North Carolina State Hwy. Comm'n v. Farm Equip. Co., 281 N.C. 459,189 S.E.2d 272 (1972). Prohibition against Taking Prop- erty for Private Uses Applies to Sub- division (16). - Any exercise of the power of eminent domain under subdivi- sion (16) of this section is subject to the constitutional prohibition against the taking of property for private uses. North Carolina State Hwy. Comm'n v. Farm Equip. Co., 281 N.C. 459, 189 S.E.2d 272 (1972). Value of Land Condemned under Subdivision (16). - See North Caro- lina State Hwy. Comm'n v. Helderman, 285 N.C. 645. 207 S.E.2d 720 (1974). Condemnation of Property for Ex- change for Railroad Right-of-Way. - Under subdivision (16) of this section, the State Highway Commission (now Department) is without authority to con- demn land in fee simple for the purpose of exchanging it for railroad right-of- way property to be used in a highway construction project. The Commission (now Department) may only condemn an easement to be used for railroad pur- poses. North Carolina State Hwy. Comm'n v. Farm Equip. Co., 281 N.C. 459, 189 S.E.2d 272 (1972). § 13( Reg High, Partin with + the i street to mu nate I tion's State § Tk high whet abut facie. The ever plan area s. 7. § 1• T1 o filar unti kult $ner 197' § 1 (i mit: rigl gar] onlh for DeF take the con to F son reg por 26 § 136-18.1 ROADS AND HIGHWAYS OPINIONS OF ATTORNEY GENERAL Regulatory Authority over State Highway System Streets. - The De- partment of Transportation is vested with general regulatory authority over the use of State Highway System streets. The general grant of authority to municipalities over streets is subordi- nate to the Department of Transporta- tion's rights and duties to maintain the State Highway System. See opinion of § 136-18.3 the Attorney General to Mr. Ralph D. Karpinos, Town Attorney, Chapel Hill, N.C., - N.C.A.G. - (Feb. 26, 1988). State Highway Commission (Now Department of Transportation) May Dispose of Abandoned, Junked Mo- tor Vehicles. - See opinion of Attorney General to Mr. F. L. Hutchinson, Divi- sion Engineer, State Highway Commis- sion, 40 N.C.A.G. 437 (1969). § 136-18.1. Use of Bermuda grass. The use of Bermuda grass shall be restricted to sections of the highway where the abutting property is not in cultivation, except where the Department of Transportation has written consent of the abutting landowner. In long sections of woodland or wasteland suf- ficiently distant from cultivated areas, Bermuda grass may be used. The Department of Transportation and its employees shall use every reasonable effort to eliminate Bermuda grass heretofore planted on the shoulders of the highways through cultivated farm areas. (1945, c. 992;1957, c. 65, s. 11; 1973, c. 507, s. 5;1977, c. 464, s. 7.1.) § 136-18.2. Seed planted by Department. of Trans- portation to be approved by Depart- ment of Agriculture. The Department of Transportation shall not cause any seed to be planted on or along any highway or road right-of-way unless and until such seed has been approved by the State Department of Agri- culture as provided for in the rules and regulations of the Depart- ment of Agriculture for such seed. (1957, c. 1002; 1973, c. 507, s. 5; 1977, c. 464, s. 7.1.) § 136-18.3. Location of garbage collection con- tainers by counties and municipalities. (a) The Department of Transportation is authorized to issue per- mits to counties and municipalities for the location of containers on rights-of-way of state-maintained highways for the collection of garbage. Such containers may be located on highway rights-of-way only when authorized in writing by the State Highway Administra- tor in accordance with rules.and regulations promulgated by the Department of Transportation. Such rules and regulations shall take into consideration the safety of travelers on the highway and the elimination of unsightly conditions and health hazards. Such containers shall not be located on fully controlled-access highways. (b) The provisions of G.S. 14-399, which make it a misdemeanor to place garbage on highway rights-of-way, shall not apply to per- sons placing garbage in containers in accordance with rules and regulations promulgated by the Department of Transportation. (c) The written authority granted by the Department of Trans- portation shall be no guarantee that the State system highway 27 .? s G ?5 {t.!>; ? ? .? 6 1992 "is ?n? • _ NAG Ot; JAMES G. MARTIN GOVERNOR THOMAS J. HARRELSON SECRETARY /5 w,40- STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION . P.O. BOX 25201 RALEIGH 27611-5201 February 4, 1992 J? ?yA FEB 101992 T 1DIVISION OF ' HIGHWAYS ?Qti `? RESEA?'? DIVISION OF HIGHWAYS WILLIAM G. MARLEY, JR., P.E. STATE HIGHWAY ADMINISTRATOR MEMORANDUM TO: Mr. Eugene Smith Deputy Attorney General FROM: L. J. Ward, P.E., Manager Planning & Environmental r SUBJECT: Request for a Legal Decision on Property Condemnation for Wetland Mitigation Our society has recognized the need for clean water and has included wetlands in the definition of "waters of the United States." The Department of Transportation recognizes the importance of minimizing impacts on this diminishing natural. resource. However, in many cases we.are.required to mitigate the loss of wetlands by creating new wetlands or restoring degraded wetlands as close to our wetland taking as possible. .In order to implement this.reguirement we must find sites which ?erpetuity. an be restored, and in which our restoration will be kept in Thus, we must consider all legal avenues to acquire appropriate parcels of land. Condemnation is one legal avenue to acquire appropriate and acceptable parcels of land. Therefore, I am requesting that a legal decision on private property condemnation for wetland mitigation purposes. be rendered. If you have any questions or need additional information, please contact Dennis Pipkin at 733-9970. LJW/lh cc: Mr. B. J. O'Quinn, P.E. Mr. V. C. Bruton Mr. Dennis Pipkin, P.E. M1 Z! 6640 _ Jack - Statutes authorizing condemnation are normally strictly construed. Generally you need express authority. I have examined our basic statutes authorizing DOT to acquire land and in my opinion the DOT is not authorized to condemn land for wetland mitigation.. G.S. 136-18(2)(3); G.S. 136-19; G.S. 136-89.2.' If needed, I suggest.legislation authorizing condemnation for wetland mitigation purposes. EAS An Equal Opportunity/Affirmative Action Employer . i R ti s N DIVISION OF PARKS AND RECREATION January 13, 1987 MEMORANDUM 1 TO: Melba McGee FROM: Carol Tingley SUBJECT: 87-0453: U. S. 13/11 Bypass, High Point The Division of Parks and Recreation has reviewed the Draft Environmental Impact statement for a proposed U. S. 311 Bypass around High Point, N. C. We have no objection to the project providing that the highway is constructed within the corridor reserved in the 1970 site plan for Metro Park (now Oak Hollow Park). Thank you for the opportunity to review this project. CT/jas CC: Terri Qadura C-59 Parks M E M O R A N D U M TO: Recreation Deparhnent Cindy Bell, Environmental Specialist N. C. Department of Transportation FROM: James H. Morgan, Director High Point Parks & Recreation Dept:/ RE: LWCF Oak Hollow Lake Project DATE: February 20, 1992 The High Point Parks & Recreation Department is responsible for maintaining the 6F boundary map for the Oak Hollow Lake Land and Water Conservation Fund Project. The 6F map indicates all of the pre-existing conditions at Oak Hollow Park when the park was developed. Oak Hollow Park is a 1550-acre primary water supply and recreation area operated by the City of High Point. The 311 bypass corridor was established and mapped before the LWCF project was applied for. The 311 bypass corridor is located on the 6F boundary map. It is my understanding that the development of the 311 bypass will not require a conversion of Land and Water Conservation properties. Recreation, N. C. Department of Natural Resources and Community Development. Her office is located at 8803 North Point Blvd., Winston-Salem, NC 27106, and her telephone number is 919-896-7007. If additional confirmation is required, you may contact Kathy White, Park/Recreation Consultant, Division of Parks and /sjh RECREATION ... THE SPIRIT OF LIFE 221 NATHAN HUNT DRIVE, HIGH POINT, NORTH CAROLINA 27260 PHONE (919) 883-3469 CITY of HIGH POINT t LACY H.THORNBURG ATTORNEY GENERAL MEMORANDUM P.O. BOX 629 RALEIGH G'Yl 27602-0629 TO: George T. Everett, Director Division of Environmental Management FROM: Daniel C. Oakley -VLO Special Deputy Attorney General DATE: March 27, 1992 cz v r? sue. RE: Application of G.S. 143-214.5(1) to §401 Certification You have asked this office to consider whether a §401 Water Quality Certification can be issued for a North Carolina Depart- ment of Transportation activity which may be inconsistent with a local watershed protection ordinance. The question was triggered by the U.S. 311 Bypass project in High Point, and by the recent enactment of G.S. 143--214.5(i). The statutory provision at issue reads as follows: (i) Every State agency shall act in a manner consistent with the policies and purposes of this section, and shall comply with the minimum statewide water supply watershed management requirements adopted by the Com- mission and with all water supply watershed management and protection ordinances adopted by local governments. DEM's review responsibilities under §401 of the federal Clean Water Act are not dependent on the application of this sec- tion. DEM must review and act on DOT's §401 application by con- sidering the project's compliance with adopted state water qual- ity standards. Specifically, DEM must certify that any "dis- charge will comply with the applicable provisions of sections 301, 302, 303,306 and 307 of this Act." §401(a)1 of the Clean Water Act. There is no requirement in §401 for the state to address compliance with local government ordinances unless they are somehow established pursuant to those sections. In any event, the High Point ordinance is not one adopted pursuant to State of North Carolina Department of Justice An Equal Opportunity/ Affirmative Action Employer 0#-4 George T. Everett March 27, 1992 Page 2 G.S. 143-214.5 and the application, if any, of paragraph (i) to the project is not at issue presently. Thus, DEM will review the U.S. 311 Bypass project just as it has previously-submitted applications, without regard to any local requirements. In the future, upon adoption of minimum statewide watershed requirements and local ordinances, G.S. 143-214.5(1) may have to be met. This issue is complicated by the passage of two amendments to G.S. 143-214.5 in the 1991 ses- sion. Our office is reviewing this issue and will offer further guidance shortly. The application of G.S. 143-214.5(i), however, will remain independent of DEM's duties under §401. Please advise if you have any questions. /dw Cc: Gene Smith Steve Tedder -man Klimek :everett2.do State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor William W. Cobey, Jr., Secretary February 5. 1992 MEMORANDUM TO: Cyndi Bell, NC DOT FROM: John Dorne04 RE: Preliminary question. raised by officer on US 311 Bypass Project Guilford County George T. Everett, Ph.D. Director Preston Howard, Hearing Listed below are Mr. Howard's preliminary questions for DOT with respect to the 401 Certification for the US 311 bypass project. These questions mostly relate to issues raised at the Public Hearing. I expect that he may have a-final set of questions after the public comment period ends (2/7/92) and he has a chance to review those comments. 1) It was stated that DOT cannot condemn land to satisfy wetland mitigation requirements. Please provide a.statutory citation, or written opinion from the Attorney General's office to confirm this statement. 2) Several speakers stated that the project is in conflict with the High Point City Watershed Protection Ordinance and with G.S. 143-214.5(1) which (apparently) requires each state agency to act consistently with such local ordinances. other speakers also noted conflict with DOT's proposed BMP's for water supply watersheds. Please obtain a written statement from the City of High Point which confirms that the US 311. Bypass is in compliance with the city's watershed ordinances. Also please address whether the project complies with DOT's proposed water supply watershed BMP's. REGIONAL OFFICES Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem 704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/8967007 Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer Cyndi Belll February 5, 1992 Page Two 3) Mention was made at the hearing that construction activities in the immediate vicinity of Oak Hollow Lake must receive approval from the Bureau of Recreation. Please provide a written statement from the Bureau which confirms the Bureau's approval of the US 311 Bypass project. For your information, I am working on Mr. Howard's questions regarding 1) the Carbon Monoxide nonattainment decision by DEM/EPA and 2) how (if at all) the EMC's new water supply watershed rules might affect this project. I am also seeking an Attorney General's opinion regarding the applicability of the G.S. 143-214.5(1), to the 401 Certification Program. Please call me at 5083 if you have any questions. JD/kls Bell.mem/D-4 cc: Preston Howard Steve Tedder George Everett Steve Mauney, WSRO MAY-07-1992 10:16 FKUM EHNK W1LM KLb urriLt l u etylli r33113-jo r. 101 State of North Carolina Department of Environment, Health, and Natural Resources . Wilmington Regional Office James G. Martin, Governor William W. Cobey, Jr., Secretary Bob Jamieson Regional Manager D= : --d7/9z 70: r\ V'n (*17cE: E. Ci"/y ...........................p................................................. • • .... . R M: 4 r s- ?L.) arC?_ DMSICW SEIpN TUM PACES: (including cover) SM BY: L LAL DAB: 1 11-2, TINS: o q 127 C anal (jrlve Exmnslon, Wilmington, Nr. 2W-5-3W • Telephone 919395-39M • Tax 919-3S0-2004 An Equal Opportunity Afifir=*m Action Emplo)w MAY-07-1992 10:16 FROM EHNR WILM REU UH-ICE IU tiy1?"r551sSti 1-1.102 DIVISION OF EIIVIRONMENTAL MANANT May 7, 1992 TO: George T. Everett, Director Division of Environmental Management . Vnm"S+gneb-by FROM: A. Preston Howard, Jr., Regional Supervisor 6,PRESTON HOWA?A Wilmington Regional Office SUBJECT: Hearing officer's Report and Recommendations 401 Certification Hearing' US 311 Bypass Project High Point, Guilford County In accordance with your instructions, I conducted a public hearing in High Point, North Carolina on the evening of 7 January 1992, in order to receive public comment on a request for .401 Certification associated with construction of the new US 311 Bypass at High Point. One hundred and forty two (142) people acknowledged their attendance at the hearing by completing a registration form. Twenty-eight (28) of those in attendance gave oral statements. In addition, thirty-three written comments were received prior to the close of the hearing record on 7 February 1992. caw"` Project Summary wN The North Carolina Department of Transportation/ (DOT) and (1iSa// the City of High Point have been preparing for con ruction of the US 311 Bypass for approximately thirty (30} ye s. Much of the right-of-way needed for the fourteen mile prof t has already been secured. The first phase of the project co traction is an eight (8) mile segment which terminates at Oa Hollow Lake, a water supply reservoir for the City of High P nt. included in this first phase is Ramp D, a high speed off amp near Aberdeen Road in northern High Point. d will result in the alteration of approximate) 5.9 cres of wetlands in the Hyatt Branch Arm of Oak Hollow ake. DOT has proposed to mitigate the loss of these wetland ' r ources by creation of a 2.07 acre wetland site in the same Hyatt ranch Arm of the lake. In addition, other mitigation sites are roposed. 7 However none of the other sites are in the Hyatt Branc Arm of the lake. SiJMHARY OF MAJOR ISSUES In general, virtually all of the comments received during the hearing and comment.period acknowledged the need for the US 311 Bypass. MAY-07-1552 10:1b FKUM EHNFK W1LM hKLU urr-1UL iu ij717(.7..71JJO r.UID Mr. George Everett May 7, 1992 Page -2- Most commenters indicated that they would support the project if Ramp D was redesigned to avoid the wetlands impacts. Several of the more significant comments presented at the hearing are outlined below: Mitigation of the wetlands loss in the Hyatt Branch Arm of the lake should occur entirely in the Oak Hollow Lake Watershed, and preferably in the Hyatt Branch Arm of the lake. DOT has identified other alternatives which would result in fewer wetlands impacts. One of the alternatives offering fewer environmental impacts should be implemented. The proposed project is in conflict with both the High Point City Ordinance and DOT's proposed BMP's for water supply watersheds. Construction of the bypass may be a violation of NCGS 143-214.5(1) if the proposal is inconsistent with High Point's watershed protection ordinances. . A DEM/EPA decision not to designate Guilford County "nonattainment" for carbon monoxide was contingent on construction of the US 311 bypass. Oak Hollow Lake is the primary water supply source for the City of High Point. The loss of 5.9 acres of natural wetlands and the natural filtering characteristics they possess would have a detrimental affect on water quality in Oak Hollow Lake. Discussion of Major IsSUes Much of the mitigation activities will occur outside of the Oak Hollow Lake Watershed. Although creation of new wetlands to mitigate for the loss of natural wetlands could provide substantial water quality benefits over the long term, those wetlands constructed outside the Oak Hollow Lake Watershed will afford no protection to the waters of Oak Hollow Lake. As a result, one could assume that a net loss of pollutant filtering capability in the watershed will result in some level of water quality degradation. DOT has indicated (supported by Attorney General's Office) that the agency cannot condemn land to satisfy mitigation requirements. DOT has identified at least three (3) alternatives which would avoid or reduce the wetlands losses associated with the current design for Ramp D. (1) Bridge the wetlands in the current Ramp D corridor. This alternative would require construction of a bridge 1,200 feet long, and would reduce the wetlands loss by 2.1 acres. This alternative would add approximately $1.5 trillion to the U.S. 311 Bypass project costs (total costs > $100 million). MAY-07-1992 10:17 FROM EHNR U1LM REV UFr1LE iu ?y17r??i3?? t-. W14 , 14 Mr. George Everett May 7, 1992 Page -3- (2) Move Ramp D further north to get the ramp out of the wetlands. This alternative, which would reduce wetlands losses by 2.6 acres, would require construction of a 800-foot by 30-foot retaining wall, relocation of 2 homes, and redesign of bridges contained in the existing proposal. This alternative would increase the project costs by approximately $2.5 million. (3) Eliminate Ramp D and construct a "loop" near Skeet Club Road. This alternative would eliminate Ramp D altogether, and replace it with an exit loop near Skeet Club Road, approximately one-half mile north of the proposed Ramp D location. This alternative would require purchase of an additional four to five acres of right-of-way, a new bridge design over the freeway, and may require a more dangerous "left-handed entrance". This alternative offers a 3.5 acre reduction in wetlands losses, and is $800,000 cheaper than the existing Ramp D design. The City of High point has indicated that the US 311 bypass project is not in conflict with High Point city ordinances. In addition DOT has certified that the project is in compliance with the department's BMP's for water supply watersheds to the maximum extent practical. Mr. Dan Oakley of the Attorney General's Office has advised that GS 143-214.5(1) does not apply until both statewide watershed requirements and local ordinances have been adopted by the EMC. Yn any case, DEN's review under Section 401 should remain independent from the application of GS 143-214.5(1). DEN Air Quality staff indicate that the proposed US 311 Bypass project had no bearing on the decision not to designate Guilford County nonattainment for carbon monoxide. Recommendations Substantial alteration of 5.9 acres of natural wetlands in the Oak Hollow Lake Watershed will almost assuredly have detrimental impacts on water quality in Oak Hollow Lake. There is increasing concern at both State and national levels about the continuing loss of valuable wetlands and the associated impacts on water quality. However, loss of valuable wetlands and the water quality protection that they afford is particularly troublesome when the impacted watershed is a water supply watershed. Not only is Oak Hollow Lake a water supply watershed, it is the primary drinking water supply for the City of High Point. Protection of these waters is critical to their continued use as a source of drinking water for the City. MAY-07-1992 10:18 FRUM LHNR W 1 LM RLU U r- i Ut l u tf717 f 5 ?l 3.7t3 r . UD Mr. George Everett May 7, 1992 Page -4- Construction of the project as proposed by DOT will almost assuredly result in increased degradation to water quality in Oak Hollow Lake. I therefore recommend that 401 Certification for the us 311 Bypass project be denied. It appears to me that several potentially viable alternatives exist which require further study and evaluation by DOT: (1) Construct a bridge across the wetlands in the Ramp D Corridor (approximately It increase in overall project costs). (2) Replace Ramp D with a 'loop" near Skeet Club Road. (3) Purchase sufficient acreage suitable for wetlands creation within The Oak Hollow Lake Watershed to provide at least 100% mitigation of the wetlands lost due to construction of Ramp D. Either of the above alternatives result in significantly reduced potential for undesirable impacts on the drinking waters of Oak Hollow Lake. If you have any questions or wish to discuss this matter further, please let me know. TUTAL P.05 MAY-07-1992 14:15 FROM EHNR WILM REG OFFICE TO 8-919-733-9919 P.O1 z DIVISION OF ENVIRONNZN 'AL MANAGffi?NT May 7, 1992 MEMORANDUM TO: George T. Everett, Director Division of Environmental Management n5igned BY FROM: A. Preston Howard, Jr., Regional Supervisor 4. HGWAR?i 4&,03M Wilmington Regional Office SUBJECT: Hearing officer's Report and Recommendations 401 Certification Hearing US 311 Bypass Project High Point, Guilford County In accordance with your instructiona, I conducted a public hearing in High Point, North Carolina on the evening of 7 January 1992, in order to receive public comment on a request for 401 Certification associated with construction of the new US 311 Bypass at High Point, one hundred and forty two (142) people acknowledged their attendance at the hearing by completing a registration form. Twenty-eight (28) of those in attendance gave oral statements. In addition, thirty-three written comments were received prior to the close of the hearing record on 7 February 1992. Project Summary The North Carolina Department of Transportation (DOT) and the City of High Point have been preparing for construction of the US 311 Bypass for approximately thirty (30) years. Much of the right-of-way needed for the fourteen mile project has already been secured. The first phase of the project construction is an eight (8) mile segment which terminates at Oak Hollow Lake, a water supply reservoir for the City of High Point. Included in this first phase is Ramp D, a high speed off ramp near Aberdeen Road in northern High Point. Construction of this portion of the US 311 Bypass, as proposed will result in the alteration of approximately S.9 acres of wetlands in the Hyatt Branch Arm of Oak Hollow Lake. DOT has proposed to mitigate the loss of these wetland resources by creation of a 2.07 acre wetland site in the same Hyatt Branch Arm of the lake. In addition, other mitigation sites are proposed. However none of the other sites are in the Hyatt Branch Arm of the lake. SUMMARY OF MAJOR ISSUES In general, virtually all -of the comments received during the hearing and comment period acknowledged the need for the US 311 Bypass. Pcot4t° brand fax transmittal memo 7677 *a Meg • F s s !`w eft ~ MAY-07-1992 14:15 FROM EHNR WILM REG OFFICE TO 8-919-733-9919 P.02 Mx. George Everett May 7, 1992 Page -2- Most commenters indicated that they would support the project if Ramp D was redesigned to avoid the wetlands impacts. Several of the more significant comments presented at the hearing are outlined below: . Mitigation of the wetlands loss in the Hyatt Branch Arm of the lake should occur entirely in the oak Hollow Lake Watershed, and preferably in the Hyatt Branch Arm of the lake. DO'S has identified other alternatives which would result in fewer wetlands impacts. One. of the alternatives offering fewer environmental impacts should be implemented. The proposed project is in conflict with both the High Point City ordinance and DOT's proposed BMP's for water supply watersheds. Construction of the bypass may be a violation of NCGS 143-214.5(1) if the proposal is inconsistent with High point's watershed protection ordinances. . A DEM/EPA decision not to designate Guilford County "nonattainment" for carbon monoxide was contingent on construction of the VS 311 bypass. . Oak Hollow Lake is the primary water supply source for the City of High Point. The loss of 5.9 acres of natural wetlands and the natural, filtering characteristics they possess would have a detrimental affect on water quality in Oak Hollow Lake. Discussion of Najo-,Yssues Much of the mitigation activities will occur outside of the oak Hollow Lake Watershed. Although creation of new wetlands to mitigate for the loss of natural wetlands could provide substantial water quality benefits over the long term, those wetlands constructed outside the Oak Hollow Lake Watershed will afford no protection to the waters of Oak Hollow Lake. As a result, one could assume that a net loss of pollutant filtering capability in the watershed will result in some level of water quality degradation. DOT has indicated (supported by Attorney General's Office) that the agency cannot condemn land to satisfy mitigation requirements. DOT has identified at least three (3) alternatives which would avoid or reduce the.,wetlands losses associated with the current design for Ramp D. (I) Bridge the wetlands* in the current Ramp D corridor. This alternative would require construction of a bridge I,100 feet long, and would, reduce the wetlands loss by 2.1 acres. This alternative would add approximately $1.5 million to the U.S. 311 Bypass project costs (total costs > $100 mUlion). MAY-W-1992 14:1G FROM EHNR WILM REG OFFICE TO 9-919-733-9919 P.03 Mr. George Everett May 7, 1992 Page -3- (2) Move Ramp D further north to get the ramp out of the wetlands. This alternative, which would reduce wetlands losses by 2.6 acres, would require construction of a 800-foot by 30-foot retaining wall, relocation of 2 homes, and redesign of bridges contained in the existing proposal. This alternative would increase the project costs by approximately $2.5 million. (3) Eliminate Ramp D and construct a "loop" near Skeet Club Road. This alternative would eliminate Ramp D altogether, and replace it with an exit loop near Skeet Club Road, approximately one-half mile north of the proposed Ramp D location. This alternative would require purchase of an additional four to five acres of right-of-way, a new bridge design over the freeway, and may require a more dangerous "left-handed entrance". This alternative offers a 3.5 acre reduction in wetlands losses, and is $8000000 cheaper than the existing Ramp D design. The City of High Point has indicated that the US 311 bypass project is not in conflict with High Point city ordinances. In addition DOT has certified that the project is in compliance with the department's BMP's for water supply watersheds to the maximum extent practical. Mr. Dan Oakley of the Attorney General's Office has advised that GS 143-214.5(1) does not apply until both statewide watershed requirements and local ordinances have been adopted by the EMC. In any case, DEN's review under section 401 should remain independent from the application of GS 143-214.5(1). DEN Air Quality staff indicate that the proposed US 311 Bypass project had no bearing on the decision not to designate Guilford County nonattainment for carbon monoxide. Recowendations Substantial alteration of 5.9 acres of natural wetlands in the Oak Hollow Lake Watershed will almost assuredly have detrimental impacts on water quality in Oak Hollow Lake. There is increasing concern at both State and national levels about the continuing loss of valuable wetlands and the associated impacts on water quality. However, loss of valuable wetlands and the water quality protection that they afford is particularly troublesome when the impacted watershed is a water supply watershed. Not only is Oak Hollow Lake a water supply watershed, it is the primary drinking water supply for the City of High Point. Protection of these waters is critical to their continued use as a source of drinking water for the City. MAY-07-1992 14:17 FROM EHNR WILM REG OFFICE TO 8-919-733-9919 P.04 a Mr. George Everett May 7, 1992 Page -4- Construction of the project as proposed by DOT will almost assuredly result in increased degradation to water quality in Oak Hollow Lake. I therefore recommend that 401 Certification for the US 311 Bypass project be denied. It appears to me that several potentially viable alternatives exist which require further study and evaluation by DOT: (I} Construct a bridge across the wetlands in the Ramp D corridor (approximately It increase in overall project costs). (2) Replace Ramp D with a "loop" near Skeet Club Road. (3) Purchase sufficient acreage suitable for wetlands creation within the Oak Hollow Lake Watershed to provide at lust loot mitigation of the wetlands lost due to construction of Ramp D. Either of the above alternatives result in significantly reduced potential for undesirable impacts on the drinking waters of Oak Hollow Lake. If you have any questions or wish to discuss this matter further, please let me know. cc: John Dorney Steve Tedder TOTAL P.04 I. ??--,? /qz __ _ ?= ? .?_ ??. _r .I rl ? ?a SrATf o JAMES G. MARTIN GOVERNOR THOMAS J. HARRELSON SECRETARY STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION P.O. BOX 25201 RALEIGH 27611-5201 January 6, 1992 DIVISION OF HIGHWAYS Division of Environmental Management North Carolina Department of Environment, Health, and Natural Resources 512 North Salisbury Street Raleigh, North Carolina, 27604 ATTENTION: Mr. John Dorney water Quality Planning Branch Dear Sir: WILLIAM G. MARLEY, JR., P.E. STATE HIGHWAY ADMINISTRATOR SUBJECT: Guilford County - US 311 East Belt from west of High Point Reservoir to 2000 feet west of NC 68, Eastchester Drive; T.I.P. No. R-0609D; State Project No. 8.1570601 Attached are preliminary design drawings illustrating three alternates to the proposed Ramp "D" of the subject project. All of these alternates present significant cost and/or traffic operations problems. Within this corridor, there is no feasible or reasonable alternative to avoiding the wetland site to be impacted by this project. The project corridor has been well established and protected by the City of High Point over the last 30 years. Due to the density of development adjacent to the corridor and throughout the city, relocation of the roadway would involve additional impacts to private homes. Advantages and disadvantages of the three alternates are as follows: An Equal Opportunity/Affirmative Action Employer Alternate 1 is an attempt to minimize the wetland/vernal pool disruption by shifting the alignment and constructing massive retaining walls along Ramp D to retain the fill slopes from encroaching on the wetlands. The ramp is relocated approximately 100' northward from its presently proposed location in the immediate vicinity of the vernal pool. A) Cost... additional costs associated with this alternate: *Construction ...$2,050,000 This includes two retaining walls, one 350' in length, 30' in height and a second 500' long, 30' high, adjacent to Ramp D. The alignment is shifted away from the vernal pool area but still crosses a significant area of the wetlands associated with Hiatt Branch. *Right-of-way...estimated at $300,000 Two new homes would have to be purchased due to the alignment shift of the ramp, plus the acquisition of two additional house lots would be necessary. *Total cost increase ...$2,350,000 B) The proposed flyover bridge on Ramp D over the mainline would have to be redesigned. The present bridge design has been completed by a consultant at a design cost of $50,000 and would require redesign. C) A project construction delay of approximately 1.5 years would be required to purchase additional right-of-way, relocate two families, and redesign project. D) The continued existence of the vernal pools would be questionable due to the isolation of the wetland system from all sides by the US 311 mainline, Ramp D, and a utility corridor. Alternate 2 utilizes the present ramp alignment, but bridges over the vernal pools with an 1100' long structure (750' of additional length on the current grade separation bridge). A) Cost... additional costs associated with this alternate: *Construction ...$1,550,000 This includes lengthening the presently proposed bridge which carries Ramp D over the US 311 Bypass mainline. This cost includes the benefit of a reduction in the paving and earthwork cost associated with the construction of the original Ramp D proposal. *Right-of-way... no additional right-of-way cost is anticipated. B) The proposed flyover bridge on Ramp D over the mainline will have to be redesigned. The present bridge design has been completed by a consultant at a design cost of $50,000 and would require redesign at an additional cost of approximately $150,000. C) A project construction delay of approximately 1.5 years will be required to redesign project. D) The quality of the vernal pools will be impacted due to the overhead presence of the highway facility and associated bridge foundations. The bridge will keep the enbankment off the pools but constant shading will cause the loss of vegetative cover. Due to the proximity of the bridge and US 311 mainline, the current water flow into the vernal pool/wetland area will be significantly altered. Alternate 3 eliminates Ramp D by placing the traffic movement on a loop. This is a less expensive construction alternate when compared to the cost of Ramp D; however, the traffic service resulting from this condition is not acceptable. The mainline of the proposed Bypass still crosses Hiatt Branch and will have an impact on the wetlands, if not the vernal pool area itself. Elimination of Ramp D would require the construction of an alternate ramp to accommodate this vital traffic connection into North Main Street and Old US 311. This alternate design includes the construction of a loop ramp in the existing design for the flyover interchange north of the Hiatt Branch area. This new loop ramp is not acceptable from the standpoint of traffic service and safety conditions due to the out-of-direction, circuitous travel required to make the connections back into North Main Street and Old US 311. A dangerous traffic weave condition and left side entrance would be required. Also, removal of Ramp D would eliminate a vital roadway which will serve as the future extension of the East Belt project across Old US 311, providing an extension to NC 66. This future extension is contained in High Point's Thoroughfare Plan. A) *Cost The elimination of Ramp D will result in a project cost reduction of approximately $795,000; however, the replacement of Ramp D with the revised loop configuration will not provide an equal or acceptable traffic service replacement. This cost reduction includes the reduction in the Ramp D bridge, earthwork and pavement and also contains the added cost of pavement for the new loop, redesign of one bridge, loss of design cost on two bridges, and five acres of new right-of-way acquistion. B) A project construction delay of approximately 1.5 years will be required to redesign project. C) The wetland impacts would be minimized with this alternate; however, this alternate would be imprudent due to the unsafe traffic conditions created. The NCDOT will be prepared to discuss these alternates at the DEM Water Quality Certification Public Hearing scheduled for January 7, 1992, at the High Point City Council Chambers. Sincerely, n , P.E. B JO Assistant Manager Planning & Environmental Branch cc: Mr. Dennis Pipkin, P.E. d STAT( State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor May 2 1991 George I Everett, PhD. William W. Cobey, Jr., Secretary Director Ms. Cynthia Bell N.C. Department of Transportation Planning and Environmental Unit Post Office Box 25201 Raleigh, North Carolina 27611-5201 Dear Ms. Bell: On April 9, Eric Galamb from our Winston-Salem Regional office and myself visited the U.S. 311.East_-Belt Road Construction Site (State Project No. 8.1570.601, TIP#. R-609D) We have several concerns about this project as outlined below. 1.. The alignment appears to impact more than 2.04 acres of wetlands. The road (and especially Ramp D) stakes appear to be much-closer to the stream than on Figure-2. I believe that a field check to confirm the alignment relative to Ramp D would be useful. 2. The mitigation plan proposes to purchase publicly owned land (owned by the City of High Point) and dedicate it to the public. We believe that the intent of land acquisition (as a mitigation option) generally is to protect privately owned land from legal disturbance (such as logging). We would welcome DOT's efforts to protect privately owned wetland or (better.yet) restoration of degraded wetland in the watershed of Hiatt Branch. 3. We are unclear why a portion of Ramp D cannot be relocated northward to avoid wetland fill and channel relocation. The section of Ramp D shown on Figure 3 would remove a unique wetland/vernal pool system. We will want to discuss alternative alignments in this section. 4. Hiatt Branch is classified WS-III - as such, our General Certification is not applicable. Once we have discussed and resolved the above issues and you have modified your application Ms. Cynthia Bell PoDuBon Preven&m Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 e C--1 n...,, Moil., AAi.mnrivP Artinn FmninvPr May 2, 1991 Page Two accordingly, I will have to put out a public notice for this project in order to issue an Individual Certification. I believe the best way to begin to resolve these issues is to meet on the site with,yourself and appropriate regional DOT engineering staff who can discuss alternative alignments and exact locations of present alignments. Pleases call me at 733-5083 to discuss the matter. Sincerely, kkt)Uf V?e John R. Dorney JRD/kls Bell.ltr/401-D-2 cc: Eric Galamb, WSRO David Franklin, COE CITY OF HIGH POINT NORTH CAROLINA ^ -114 5 o November 8, 1991 ,2?c !0, O Mr. John Dorney N.C. Division of Environmental Management Water Quality Planning .v. Box 29535 Raleigh, NC 27626-0535 Dear Mr. Dorney: The City of High Point formally requests that a public hearing be held in High Point concerning wetland loss within our water supply watershed from the construction of the proposed US 311 By Pass. We are very much concerned with the impact of the proposed ramp D on the wetland and its effect on the quality of water in our water supply reservoir. Enclosed you will find specific concerns and questions raised by Mr. Linwood O'Neal, Director of Water & Sewer for the City of High Point. Thank you for your consideration of this matter, and we look forward to hearing from you. Sincerely, (?:-)n e. Cam. Roy B. Culler, Mayor City of High Point, NC Post Office Box 230, High Point, North Carolina, 27261, FAX 919-883-3419 MEMO To: Roy B. Culler, Mayor From: Linwood E. O'Neal, Director of Water & Sewer Date: November 7, 1991 Subject: US 311 By Pass Impact on Wetlands a We have recently been made aware of the potential impact upon wetlands within our watershed along the proposed US 311 bypass. We understand that NCDOT plans to proceed with this project under a Nationwide Permit 26. The City of High Point was told that a Nationwide Permit 26 can only be used once in a watershed, and that rarely can wetland impacts exceed 4 acres. Does this mean that NCDOT can no longer use this permit in the Oak Hollow watershed? We question how this project can be permitted under Nationwide 26 when obviously I-40, which is currently under construction, was permitted under Nationwide 26. On City projects, on-site mitigation is required, yet NCDOT apparently has the flexibility to debit the Company Swamp Mitigation Bank in Eastern North Carolina. From our negotiations with the COE on city projects, the issue of an acceptable mitigation ratio has been raised. Typically we have been instructed that a 3:1 ratio would be required due to the uncertainty and quality of created wetlands. The NCDOT is only proposing a 1:1 mitigation ratio. Is this a special proviso for NCDOT only? In figure 2A of the NCDOT mitigation plan they show converting existing city owned land within the flood plain. It is the City's understanding that any conversion of this property requires BOR concurrence due to the source of funding on the Oak Hollow Lake property. We recommend that you request a local hearing to be held in the City of High Point to address these issues and other concerns of our citizens. r . N '0 De issr,`SalemQ NC ' gtoba 2%, v 91 Mr. John Dorney N.C. Division of Environmental Management Water Quality Planning Post Office Box 29535 Raleigh, NC 27626-0535 Dear Mr. Dorney: I am writing to you with regards to the filling of 5.94 acres of wetlands for East Belt, U.S. 311. I strongly oppose the filling of wetlands that D. E. M. considered to be significant wetlands. From visiting the site, I have seen its importance and natural beauty. I also noticed spikes showing the route of "ramp D". I can see that an alternative to filling the wetlands exists close at hand and would like to see it considered. That alternative is running the "ramp D" along Aberdeen and extending it to the utility right-of-way. In this way, wetlands impacts would be minimized. The integrity of the 11 acres of wetlands would be lost with the proposed route. It is not possible to dissect wetlands and still have a quality wetlands remaining. Therefore, with all wetland mitigation, D. E. M. must not allow a 1:1 (mitigation: fill) but rather a higher ratio, depending on the significance of the wetlands and the sensitivity of the watershed. I would strongly urge a public hearing be called to allow the public to further respond to the destruction of the wetlands. I do not feel that adequate opportunity has been allowed for public response. The public notice appeared in one newspaper for one day and in legal wording that made it unlikely for many to see it. I would ask that future public notices, such as the notice of the public hearing I request, be advertised in all three of the major piedmont cities' newspapers (Greensboro News and Record, High Point Enterprise and Winston-Salem Journal) because this issue is a piedmont issue not just a county issue. The length of time that the notice be run, should be two or three days (including at least, one week day and one weekend day). Finally, the public notice should include wording that is easily understandable, in order to encourage favorable meeting turnout. I understand that D.O.T. intends to purchase the entire eleven acres of wetlands. A small portion of what will remain unimpacted (even if the ramp goes in as proposed) belongs to a board of education (public ownership). The board of education land is too small in their hands. D. Once again, I and urge you call discussion. Yours truly, to build upon and will be adequately protected 0. T. should not use this land for mitigation. strongly oppose the filling of the wetlands a public meeting on the subject to allow more Anne Samiec Nov.14 '91 11:45 0000 DEXEL BONDED FBR TEL 919889SE13 F P. 1 A w n f' r ? Ith , J-6,A. ?-fem... ?.. w A--L -rl"? ale ?. ?S wt--I-t - n` !,' tY\ Mr. John Dorney N.C. Div. EnvironmentalMgmt. Water Quality Planning P.O. Box 29535 Raleigh, NC 27626 Dear Mr. Dorney: 2 1 45 Leon J. Mo ? 6jd' 2 416 Cypr High Poi CC 'r N°Z?5 ca r ? 1 C- /1 n i. Oak Hollow Lake is the prime water supply for the City of High Point. It did not exist when the initial planning was done for the Route 311 bypass around High Point. The planning has apparently gone on for 30 years or more and now seems ready for implementation. My wife and I join our neighbors and concerned residents of our city who fear that expediting of the road is progressing without adequate consideration to the effect on the Lake. The concerns are for the wetlands, lake area seperation by the proposed bridge, run-off from the four lane highway passing over the bridge and finally the implication that a major accident accident on the bridge could have as a lasting effect on our water supply. The by-pass may be important, but Oak Hollow Lake is vital to all of us who reside in this area. We ask your help in getting the road re-routed around rather than over the Lake. Sincerely yours, G--407-4 1J7 Copy: Mr. Wayne Wright Chief of the Regulatory Branch Army Corps of Engineers, P.O. Box 1890 Wilmington, NC 28402-5201 Leon J. Moules 02) ?? r 1 C"i C?l U-t 1?? oooooo,;;;I,.,:Io?? ooooo:;;;I",:;Ill:.,4,?? • Y (3rj[' ???S?jm? ?C 2-7 J?j?y??`• J ocdc. ro C--? ` n cue- ?7 r ja-o-e -4 [?. (f k--.3 a,&,, . 7 /7 441 virrlP ?7 . 9345A ,=.a arr7 ? • • ?6 ? t ??SStzvr e.,e ? /? V id cSl1 , ??? O > v cv of Ocat w ?"ti f I l"" O,U bL' zblt? I a ev?b? ? ?? c?x? eau ajEs 1 ?Lr eopost d v, Cdl b6zdd 9uV 4 GLt2ZVG ? - b ? w e t I CL Lca-? C??!? ?Jj6jo We vt of i vif 6ZL? G? CLa vLe d CZ? O Li S F r I ` Cf Nc w ? U)alep- LSupplq atid Cea ?'? ?2? ?e_ road . ? s S ' V1 ""k q Gu 1 1 ? J C C%j /`? . , s'ea-tom ---------------- - - - - - AkL ,? -tea %/i i , O4 120 .4 21, O C ? "OA --- - .. ----- -- --- -- - i /-/-` ?- a ?o.Z -- - W .Q a, f 1? t1.! 0 a .......... ... .... ..... .. . .. ... ..._.. .. ........ ._ .... ... ... _.. .... .. _.. ... .... ... ... _. _. ......._?.4 i. .. .. __ 1 November 13, 1991 Mr. John Dorney N.C. Division of Environmental Management Water Quality Planning P.O. Box 29535 Raleigh, North Carolina 27626 Dear Mr. Dorney: d I am writing to protest the NC Department of Transportation's plans to fill the wetlands area near the 90-degree turn where Aberdeen Road meets Langdale Drive on High Point's northwest side to make way for a two-lane highway ramp for the US 311 Bypass. As a resident of High Point for many years, I am concerned about our water supply and feel this would be a very dangerous situation. I do hope DOT will realize the seriousness of this matter and devise a better solution in building the US 311 Bypass. Sincerely, Suzanne W. Silver SWS:mg cc: Mr. Wayne Wright Chief of the Regulatory Branch Army Corps of Engineers PO Box 1890 Wilmington, NC 28402-5201 4. ANNAL s EDWARD SILVER INVESTMENTS, Lt November 13, 1991 Mr. John Dorney N.C. Division of Environmental Management Water Quality Planning P.O. Box 29535 Raleigh, North Carolina 27626 Dear Mr. Dorney: I am writing to protest the NC Department of Transportation's plans to fill the wetlands area near the 90-degree turn where Aberdeen Road meets Langdale Drive on High Point's northwest side to make way for a two-lane highway ramp for the US 311 Bypass. As a life-time resident of High Point, I am concerned about our water supply and feel this would be a very dangerous situation. I do hope DOT will realize the seriousness of this and devise a better solution in building the US 311 Bypass. Yours very truly, EDWARD SILVER INVESTMENTS, Ltd. Edward Silver ES:mg cc: Mr. Wayne Wright Chief of the Regulatory Branch Army Corps of Engineers PO Box 1890 Wilmington, NC 28402-5201 P_O? BOX 6363 # HIGH POINT, NORTH CAROLINA 27262 • 919/884-1231 r . 'I- -Y, T M$PR N PRANT Wendover West Shopping Center 2531 rEastchester Drive High Point, NO 27265 P.01 DATE November 15, 1991 FAX TO Mr. John Dorney, NC Division of Environmental Management, Water Quality Planning FAX NUMBER 919-'733-9919 FROM Cheryl Lawson, 211 Brinkley Place, High Point, NC 27265 919-869-0346 NUMBER O1` PAGES 2 (including this sheet) NOTES: Wetlands and Water Quality Preservation as affected by 311 bypass routing over Oak Hollow Lake in High Point. * Please contact: sender at Sprint Print if received copy is illegible or for return fax. (800) 849-2293 * 919/454.2133 • Fait 919/454-2132 Cheryl Lawson 211 Brinkley Place High Point, NC 27265 John Dorney N.C. Division of Environmental Management Water Quality Planning P.O. Box 29535 Raleigh, N.C. 27626 November 15, 1991 Mr. Dorney; This letter is in protest of the Department of Transportation's plan to fill in the wetlands area of Hiatt Branch as it flows into Oak Hollow Lake in High Point, N.C. I live one mile from the area of concern, and do not wish to see such a risk taken with this fragile environmental habitat. More important though, is the risk to all the citizens of High Point with the potential for pollution of our water supply in Oak Hollow Lake. Until recently, there has not been much publicity about the Department of Transportation's plans for routing the new Highway 311 bypass around Oak Hollow Lake. If their plans had been released sooner, I assure you there would have been many protests filed. When this section of the bypass was planned nearly thirty years ago, Oak Hollow Lake didnot even exist. I feel that this end of the bypass, and this entrance ramp in particular, need to be rerouted around the aad of the lake rather than passing over it with a ramped bridge as now planned. This seems to be the only solution from an ecological standpoint and may also turn out to be less expensive in the long run. Please help keep our drinking water safe and protect nature's irreplaceable delicate balance by taking whatever action may be necessary to have another study done as to the routing of the 311 bypass around Oak Hollow Lake. Thank you very much for your time and concern. P. 02 Sinceze],y, ` Cheryl Lawson A. ROBERT W. CONNER. AIA ARCHITECT C?iiE?BCpf iSfli's? HIGH POINT. N. C. 27262 1405 Emerywood Drive November 9, 1991 Mr. John Dorney O? NC Division of Environmental Management co PO Box 29535 Zg Raleigh, NC 27626-0535 ; ??; f'?j Dear Mr. Dorney: We are writing to request you to deny DOT`s request for a Wate Certification permit to fill 5.9 acres of wetlands for a ramp off the East Belt By-pass of US 311 in High Point. These wetlands are quite certainly fulfilling an important role in protection of the High Point water supply, which is Oak Hollow Lake located only a short distance away. The "mitigation lands" would be man-made and not only no protection to our Lake, but possibly of no good to any area. One is only .7 of an acre. This ramp appears to be entirely unneeded. It is only a short distance from the junction of the by-pass with US 31 it where a large intersection is doubtless planned. A closer study of the detailed plans may show that elimination of the ramp could save DOT some funds which are in great demand elsewhere. We hope you will deny the permit or at the very least: extend the comment period and call for a public hearing on the matter. Sincerely yours, Gob & Elizabeth Conner MEMBER AMERICAN INSTITUTE OF ARCHITECTS CONSTRUCTION SPECIFICATIONS INSTITUTE Y rney n N. C. DVVa°S`ion of Environmental Management Z"e4 ater 0'uality Planning P.O. Box 29535 Raleigh,N.C. 26106 Dear Mr. Dorney, Please do not grant the DOT request for permission to "mitigate" the 5.9 acres of wetlands that they will destroy on Hiatt Branch where it enters into Oak Hollow Lake for the construction of Ramp D on the 311 By-pass. These wetlands are vital to the quality of the water in Oak Hollow, which is a primary reservoir. In addition, the DOT design for the bridge (ramped, not on pillars) that will cross one arm of the lake is unacceptable. Their own EIS said that this would result in the biological death of the upper part of that arm of the lake. When the By-pass was planned 30 years ago, Oak Hollow Lake did not exist--the DOT needs to be forced to re-route that part of the by-pass around the lake, (prehaps using Skeet Club Road and Eastechester) instead of crossing over it. Thank you for your consideration of this request. June Stackhouse 1000 Westwood Ave. High Point, N.C. 27262 C. Corp of Engineers, Wilmington, N.C. 0 John rney^ N.C. D -o °.nvironmental Management Vi Water Qua e. y- Punning P.O. Box 29535 Raleigh, N.C. 27626 November 15, 1991 Mr. Dorney: Cheryl Lawson 211 Brinkley Place High Point, NC 27265 This letter is in protest of the Department of Transportation's plan to fill in the wetlands area of Hiatt Branch as it flows into Oak Hollow Lake in High Point, N.C. I live one mile from the area of concern and do not wish to see such a risk taken with this fragile environmental habitat. More important though, is the risk to all the citizens of High Point with the potential for pollution of our water supply in Oak Hollow Lake. Until recently, there has not been much publicity about the Department of Transportation's plans for routing the new Highway 311 bypass around Oak Hollow Lake. If their plans had been released sooner, I assure you there would have been many protests filed. When this section of the bypass was planned nearly thirty years ago, Oak Hollow Lake didnot even exist. I feel that this end of the bypass, and this entrance ramp in particular, need to be rerouted around the end of the lake rather than passing over it with a ramped bridge as now planned. This seems to be the only solution from an ecological standpoint and may also turn out to be less expensive in the long run. Please help keep our drinking water safe and protect nature's irreplaceable delicate balance by taking whatever action may be necessary to have another study done as to the routing of the 311 bypass around Oak Hollow Lake. Thank you very much for your time and concern. Sincerely, C4UA4_ -A Cheryl Lawson ) 4 71, C J 03 /Jvl97?t./ Gam' N UAL r all p2 ?? . ? , } L 1 ?. Z' . 1 .'.. ?. - J',. ;. ._ _: ?, '. _' ._ _ _ ; r o? l Jt ?1 f Z3456?8 L m e)W- aAO-? AiAtt- . - Gam- ?- ? (•???.?- ?-?-? v w o T A-AA, a-d-,V x AIJ- A"e lvk? P-- .. i (?j c7 c c- f _ ??-- 76 eTZ?- 'j 51- r\1 57---D NZ-05 i ' i'; ??' i?! ?? `? ?:.. 1 ?1 ?I (? ?? ?? _ ? {} ?.? R' ' !? ;? ? Ij ? ? ? ? ? , ? ; f ; _;: `'. _ - ? ? ? ? __ ? __ ' _ _ __ ? ? ? , I ? I P . . ?i- i IIa - --- ------ -- -- --- - ----- --- - -- --------- --- D 3?' FEB 7 1992 t" TONfS OF ICS 33122 Hillside Drive t}iRE High Point, NC 27265 February 5, 1992 w q Mr. George T. Everett, Director NC DIVISION OF ENVIRONMENTAL MANAGEMENT Archdale Building, 512 N. Salisbury Street FEB 10 1992 Raleigh, NC 27604-1148 Dear Mr. Everett; WATEft EQUALITY SECTION Thank you for having a public hearing and allowing ..time to express concern over the proposed 311 By-Pass?in'High Point. Very little time has been allowed in the past thirty (30) years for this type of input. The proposed location, although permanently fixed, creates many potential problems for Oak Hollow Lake from NC 68 crossing to existing US 311 and particularly wetland areas at the proposed ramp "D" at Aberdeen Road east to Johnson Street. Storm water and spill run off during and after construction pose a serious threat to the wetland and water quality of Oak Hollow. No means that I am aware of will provide adequate run off protec- tion. Temporary. soil erosion measures, retention ponds, etc., will provide some protection, but there can be no assurance these are totally adequate. Oak Hollow has always been susceptible to sitting and this type of activity can only add to that problem. The area from Johnson Street west has always attracted many bird species and ducks. Within the past six months, large flocks of Canadian Geese have chosen to overnight on this section of the lake, and what a splendid sight they are each evening at dusk. The recently adopted Watershed Ordinance should address these type of construction activities. Within the past year and a half, I sent a letter to the City of High Point and Department of Transportation requesting that they provide some means of soil erosion on a lot on Shadyybrook which was permitted to erode directly into Hiatt Branch. The problem had existed for more than a year before I wrote them. Since DOT is not required to } ,?F . 1 4W Mr. George T. Everett, Director NC Division of Environmental Management February 5, 1992 Page Two obtain a grading permit, who will be responsible for overseeing this construction? Does DOT provide their own inspection? Your consideration and concern regarding this matter will be appreciated. sincerely, "Oud? "'-? Randy Stanley, Project Manager J.B. White Construction Co. Inc. cc: NC Department of Transportation High Point City Council y. n GIs L - W. - \. V--/ _ CA.AP - "Ujj,?e, :77 '"j SUt?u'' L 61yL -Same 5 rs. T--l 3 - 3-33 o A40 U).4l'a-a AK yy ?; one..... State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor William W. Cobey, Jr., Secretary George T. Everett, Ph.D. Director Regional Offices December 2, 1991 Asheville 704/251-6208 Fayetteville Classified Ads 919/486-1541 High Point Enterprise P.O. Box 1009 Mooresville 704/663-1699 High Point, N. C. 27261 Raleigh Dear Editor: 9191733-2314 Washington Attached is one copy of a Public Notice relating to a 919/946-6481 public hearing scheduled to be held by the North Wilmington Carolina Department of Environment, Health and Natural 919/395-3900 Resources on behalf of the Environmental Management Commission in High Point, North Carolina. It is Winston-Salem requested that you publish the Notice in one weekda 919/896-70007 Y Y issue of your paper on or prior to December 6, 1991. Publication charges will be paid by this office upon receipt of your invoice and affidavit and proof of publication. Please send the invoice in triplicate and affidavit in duplicate. to the undersigned. S'ncerelyyoyours, Jo n R. Dorney Wetlands and Tec cal Review Attachment cc: Water Quality, DEM Winston-Salem Regional Office David Franklin, COE - Wilmington P.O. Box 29535, Raleigh, North Carolina 276264)535 Mcphone 9197337015 / Pollution Prevcntitm Pav, An Equal Oplwnunity AHinnative A, tiim I.-plov- A. t N. c' ENVTRORKOTAL KUWM31T C(k44SSION NOTICE OF PUBLIC HEARING FOR 401 WATER QUALITY CERTIFICATIC9, US 311 EAST BELT, N.C. DEPARIRP OF TRANSPORTATION, GUII.FORD COUNTY Notice is hereby given of a public hearing to be held by the N.C. Department of Enviromient, Health and Natural Resources on behalf of the Environmental Management Commission concerning a 401 Water Quality Certification for wetland fill. A 401 Certification is required by the Federal Water Pollution Control Act and. certifies that all appropriate state water quality standards will be met by the proposed action. PURPOSE: The N.C. Department of Transportation (DOT) has applied to the N.C. Division of Environmental Management for a 401 Certification to fill 5.94 acres of wetlands on Hiatt (Hyatt) Branch which is a tributary of Oak Hollow Labe, a water supply reservoir of the City of High Point. The D.S. 311 East Belt would be a relocation of the existing D.S. 311 which passes through the central business districts of High Point and Arcbdale. A Final Enviromental Impact Statement on this road was approved on July 12, 1988. The N.C. DOT has proposed to mitigate for this impact at a 1:1 acreage ratio by restoring and creating wetlands at several locations on Hiatt Branch and at the Jackson Lake bed on Jackson La1m Road. In addition, 0.64 acres of wetlands would be debited from the Swamp Mitigation Bank_ DATUTIIME: January 7, 1992 at 7:00 pm LOCATION: Council Chzembers City of High Point 211 S. Hamilton Street High Point, N.C. COMKENT All persons interested in this matter are invited to attend. Comments, statements, PROCEDURES data and other information may be submitted in writing prior to, during or within thirty (30) days after the hearing (by Feb. 6, 1992) or may be presented orally at the hearing. Oral statements may be limited at the discretion of the bearing officer. Submittal of written copies of oral statements is encouraged. AVfHORITY: N.C.G.S. 143-215.3(a)(1) and (c). Water Quality Certification regulations. 15A NCAC 2H .0503. IAFOpATION: Further explanation and details of the proposed action can be obtained by writing or calling: John Dorney, 919-733-5083 Wetlands and Technical Review Water Quality Planning Division of Envi*Yment l Management P.O. Box 29535 Raleigh, N.C. 27626-0535 or Steve Mauney, 919-761-2351 Water Quality Section Division of Environmental Management. Winston-Salem Regional Office 8025 North Point Blvd, Suite 100 Winston-Salem, N.C. 27106 pubnot.311/d-2 y Transcript for Public Hearing for 401 Certification for US 311, East Belt in High Point, Guilford County City Council Chambers High Point, North Carolina January 7, 1992 Good evening, I would like to call this public hearing to order. My name is Preston Howard and I will be the hearing officer tonight. I am the Regional Supervisor for the Wilmington Regional office of the Division of Environmental Management. First, I would like to recognize the Division of Environmental Management staff members present. If anyone needs any help during this hearing, please contact a staff member who will be glad to assist. [ Names and affiliations] The purpose of this hearing is to solicit water quality comments from all interested parties regarding the proposed US 311 East Belt project by the N.C. Department of Transportation from existing US 311 to an arm of Oak Hollow Lake. The N.C. Dept of Transportation applied for a 401 Certification for the project to the Division of Environmental Management on October 1, 1991. Since the project is in a water supply watershed, the DEM published a public notice regarding the project on October 9, 1991. Based on a request from the City of High Point and numerous citizen concerns, Dr. George Everett, Director of DEM decided that a public hearing was necessary before we make our 401 decision. The notice for this public hearing was published on December 6, 1991. In order to put this meeting into perspective, I will briefly describe the 401 Certification process. Any project which adds fill to water or wetlands of the U.S. requires a 404 permit from the U . / S . Army Corps of Engineers. If the project is on a stream with less than 5 cubic feet per second average annual flow and the fill is less than 10 acres in size, the applicant is eligible for a Nationwide 26 permit. Such is the case for this project along Hiatt Branch. Nationwide permits are not given public notices by the Corps and are not widely circulated to other state and Federal agencies. According to the Clean Water Act, each 404 permit needs a Section 401 Water Quality Certification from DEM. A 401 Certification is a Certification by DEM that the project will not violate all relevant water quality standards and regulations. A 404 permit cannot be issued until a 401 Certification is issued or waived. Our review for 401 Certification follows 15A NCAC 2B .0109 and .0201. The basic review procedure is as follows. DEM first determines whether significant, existing uses are present in the wetland and whether they would be removed by the project. If these uses are present and would be removed, the applicant must then demonstrate that there is no practicable alternative to the project. Practicable is defined as taking into account cost, technology and logistics. If no practicable alternative is convincingly shown by the applicant, the next review step is whether the fill can be minimized. Finally, DEM looks for the applicant to adequately mitigate the lost wetland. and water quality uses, primarily through wetland creation or restoration. In addition, DEM's 401 Certification review process involves notification of other state and Federal agencies for their comments on the project. Based on four field visits by DEM Regional and Central office staff, significant uses are provided by these wetlands - namely wildlife habitat, aquatic life, water quality enhancement (especially, filtration of urban runoff), water storage, wildlife dispersal and stream bank stabhilization. The water quality enhhancement which is performed by these wetlands is especially important in protecting Oak Hollow Lake which is a water supply for the City of High Point. With this background information, let me discuss the schedule for this evening. First the N.C. Department of Transportation will present information on the project's design alternatives and mitigation plans. If the City of High Point wants to make a statement, they will follow the DOT. Finally, we will take written or oral statements from every individual who signed up to speak at the front table. If you missed that opportunity please see Ms. Cherri Smith in the back of the room or Mr. Dorney sometime during the evening. I request that the City and citizens limit their e e comments to minutes in length in order to keep this hearing on time. More, lengthy, detailed statements can be made in writing to the following address: Preston Howard c/o John Dorney Water Quality Planning N.C. Division of Environmental Management Post Office Box 29535 Raleigh, North Carolina 27626-0535 The hearing record will be held open until February 7 for this purpose. A4 Anyone wishing to make a written statement is welcome to do so by that time. After that time, I will evaluate all the information and statements and make a recommendation regarding the 401 Certification and any relevant conditions. My recommendation will be made to Dr. Everett. If he decides to deny the 401 Certification, the DOT will either have to modify their proposal to make it acceptable to DEM or appeal the decision through the ? r office of Administrative Hearings. If he issues the 401 Certification, the Department of Transportation will then need to obtain a 404 Permit from the U.S. Army Corps of Engineers before construction can begin. Now, I will ask the Department of Transportation to explain the project, its alternatives and mitigation proposal. Does the City of High Point care to present an official position regarding DEM's action on the 401 Certification? Now, I will call on citizens who have asked to speak. Please limit yourselves to three minutes. I will also call the name of the next speaker and ask that she or he be ready to speak promptly. Mr. Galamb will assist me in keeping the speakers to three minutes by holding up cards after one, two, three minutes. Please be considerate of the other speakers and end your comments at three minutes. Thank you for your respectful attention during this hearing. As I mentioned earlier, the hearing record will remain open until February 7, 1992. After that time, I will make a recommendation regarding the Certification to the Director of the Division. This concludes the public hearing for the 401 Certification for the US 311 East Belt in High Point. U: HO. 401 JD/D-8 1 ey Transcript for Public Hearing for 401 Certification for US 311, East Belt in High Point, Guilford. County City Council Chambers High Point, North Carolina January 7, 1992 Good evening, I would like to call this public hearing to order. My name is Preston Howard and I will be the hearing officer tonight. I am the Regional Supervisor for the Wilmington Regional office of the Division of Environmental Management. First, I would like to recognize the Division of Environmental Management staff members present. If anyone needs any help during this hearing, please contact a staff member who will be glad to assist. [ Names and affiliations] The purpose of this hearing is to solicit water quality comments from. all interested parties regarding the proposed US 311 East Belt project by the N.C. Department of Transportation from existing US 311 to an arm of Oak Hollow Lake. The N.C. Dept. of Transportation applied for a 401 Certification for the project to the Division of Environmental Management on October 1, 1991. Since the project. is in a water supply watershed, the DEM published a public notice regarding the project on October 9, 1991. Based on a request from the City of High Point and numerous citizen concerns, Dr. George Everett, Director of DEM decided that a public hearing was necessary before we make our 401 decision. The notice for this public hearing was published on December 6, 1991. In order to put this meeting into perspective, I will briefly describe the 401 Certification process. Any project which adds fill to water or wetlands of the U.S. requires a 404 permit from the U./S. Army Corps of Engineers. If the project is on a stream with less than 5 cubic feet per second average annual flow and the fill is less than 10 acres in size, the applicant is eligible for a Nationwide 26 permit. Such is the case for this project along Hiatt Branch. Nationwide permits are not given public notices by the Corps and are not widely circulated to other state and Federal agencies. According to the Clean Water Act, each 404 permit needs a Section 401 Water Quality Certification from DEM. A 401 Certification is a Certification by DEM that the project will not violate all relevant water quality standards and regulations. A 404 permit cannot be issued until a 401 Certification is issued or waived. Our review for 401 Certification follows 15A NCAC 2B .0109 and .0201. The basic review procedure is as follows. DEM first determines whether significant, existing uses are present in the wetland and whether they would be removed by the project. If these uses are present and would be removed, the applicant must then demonstrate that there is no practicable alternative to the project. Practicable is defined as taking into account cost, technology and logistics. If no practicable alternative is convincingly shown by the applicant, the next review step is whether the fill can be minimized. Finally, DEM looks for the applicant to adequately mitigate the lost wetland. and. water quality uses, primarily through wetland creation or restoration. In addition, DEM's 401 Certification review process involves notification of other state and Federal agencies for their comments on the project. Based on four field visits by DEM Regional and Central office staff, significant uses are provided by these wetlands - namely wildlife habitat, a s A aquatic life, water quality enhancement (especially, filtration of urban runoff), water storage, wildlife dispersal and stream bank stabhilization. The water quality enhhancement which is performed by these wetlands is especially important in protecting Oak Hollow Lake which is a water supply for the City of High Point. With this background information, let me discuss the schedule for this evening. First the N.C. Department of Transportation will present information on the project's design alternatives and mitigation plans. If the City of High Point wants to make a statement, they will follow the DOT. Finally, we will take written or oral statements from every individual who signed up to speak at the front table. If you missed that opportunity please see Ms. Cherri Smith in the back of the room or Mr. Dorney sometime during the evening. I request that the City and citizens limit their comments to five minutes in length. in order to keep this hearing on time. More, lengthy, detailed statements can be made in writing to the following address: Preston Howard c/o John Dorney Water Quality Planning N.C. Division of Environmental Management Post office Box 29535 Raleigh, North Carolina 27626-0535 The hearing record will be held open until February 7 for this purpose. Anyone wishing to make a written statement is welcome to do so by that time. After that time, I will evaluate all the information and statements and make a recommendation regarding the 401 Certification and any relevant conditions. My recommendation will be made to Dr. Everett. If he decides to deny the 401 Certification, the DOT will either have to modify their proposal to make it acceptable to DEM. or appeal the decision through the office of Administrative Hearings. If he issues the 401 Certification, the Department of Transportation will then need to obtain a 404 Permit from the U.S. Army Corps of Engineers before construction can begin. Now, I will ask the Department of Transportation to explain the project, its alternatives and mitigation proposal. Does the City of High Point care to present an official position regarding DEM's action on the 401 Certification? Now, I will call on citizens who have asked to speak. Please limit yourselves to three minutes. I will also call the name of the next speaker and ask that she or he be ready to speak promptly. Mr. Galamb will assist me in keeping the speakers to three minutes by holding up cards after one, two, three minutes. Please be considerate of the other speakers and end your comments at three minutes. Thank you for your respectful attention during this hearing. As I mentioned earlier, the hearing record will remain open until February 7, 1992. After that time, I will make a recommendation regarding the Certification to the Director of the Division. This concludes the public hearing for the 401 Certification for the US 311 East Belt in High Point. HO. 401 JD/D-8 DE-C 199 12/23/91 ? .W R R° Dear John, r' ???ni???anTy ch I thought you might like to see this memo from R.V. Moss, High Poi Transportation director, warning City Council members that, without a show of support from them at the Jan. 7 public hearing, the bypass is in serious jeopardy. Also, members of the D.O.T. met with the City Council on 12/19 and assured them that the impact to the wetlands will be minimal, affecting only the length of the ramp itself. Neither R.V. Moss nor the D.O.T. reps advised City Council members (who up to now have shown some positive interest in protecting the wetlands) that a conditional permit could be issued. They are being given impression that this is an all or nothing situation. I also thought you would be interested to know that one of the D.O.T. representatives told a High Point environmentalist after the meeting that the ramp could not be moved because it is a pivotal link to another planned road, the western bypass, and possibly even a third, intermediate loop. Have any of these roads gone through the permitting process or an EA or EIS yet? Thanks for your time and effort on this matter. Molly 'A. Dittg ns 919-727-0636 ??J 0 'i z , T 11 fAV' 272E;I December 9, 1991 M E M O: OFFICE OF THE CITY MANAGER TO: The Honorable Roy B. Culler, Jr., Mayor and Members of City Council FROM: H. Lewis Price, City Manager SUBJECT: Traffic Engineer's Concerns - 311 By-Pass Attached is a three page memo from R.V. Moss, Director of Transportation, expressing his concerns about the future of the 311 By-Pass. I agree with R.V.'s concerns and want to pass them on to you for your con- sideration. This project was initially scheduled for awarding of a construction contract by the Board of Transportation at their January 1992 meeting. It has been pulled from the January Agenda due to the fact that the 401 permit from the Corp of Engineers has not been received and it is my understanding will not be considered until after the DEWS public hearing held here on January 7, 1992. It is my understanding that if the Council does not speak out in support of the project at this hearing there is a goodly possibility that the project will be scrubbed. The one off-ramp in question will only disturb that portion of wet-lands 24 feet wide by the length of the ramp once construction is completed- probably no more than an acre. If the project goes by the way side, the City looses $5,000,000.00 in right-of-way payments plus the money and property the City invested in right-of-way and deeded to the State when the Municipal Agreement was approved. Also as R.V. mentions, some $15,000,000.00 has already been expended by the State. I do not feel that ramp will materially aff, or the Oak Hollow Lake. mind that I request that favor of the 311 project HLP : inn cc: R.V. Moss the construction of this off act the wild life in the region it is with these thoughts in Council consider speaking out in at the January 7, 1992 hearing. c CITY 01 t,(';9 I= CITY OF HIGH POINT DEC 1511 NORTH CAROLINA dF(=iC ?;;= CITY Pv.AN'AL:::::,, Transportation To: H. Lewis Price, Jr., City Manager December 4, 1991 From: R.V. Moss, P.E., Director of Transportation Subject: US 311 Bypass Project During the last month there has been much debate as to the status and future of the construction of the US 311 Bypass around High Point. The North Carolina Department of Transportation has been working to- ward obtaining a Section 401 permit from the Army Corps of Engineers in order to proceed with construction in January 1992. During this time there has been a resurgence of debate as to whether the project will affect the water quality of the Oak Hollow Lake watershed. With the scheduling of a public hearing held by the North Carolina Division of Environmental Management on January 7th and the apparent lack of support thusfar from our city leaders for the project, I feel the time has come for me to voice several concerns held by the City of High Point Department of Transportation in this matter. Planning for the US 311 Bypass began with the adoption of the 1962 High Point Thoroughfare Plan. The need for such a facility by the year 2000 was apparent even then. Immediately after the adoption of the plan, the North Carolina Department of Transportation and the city transportation staff began to work on feasibility routes and right-of -way protection for such a project. A.corridor public hearing was held in High Point in 1965, and from comments made at that hearing, a final corridor was established and preliminary plans prepared. In 1968 the plans for the US 311 Bypass were altered in order to coor- dinate with the early planning for the Oak Hollow Lake Recreation Ar- ea. The changes included route adjustments and grade adjustments in order to clear high water levels. Right-of-way for the project in the vicinity of the lake was acquired by the City of High Point prior to construction of the lake in order to assure no development on the fu- ture roadway corridor. In 1970 the plans for the Oak Hollow Lake were approved by the US Department of Interior. Those plans indicate the US 311 Bypass right-of-way as indicated on the highway department plans. Post Office Box 230, High Point, North Carolina, 27261, FAX 919-883-3419 . 'r f In 1985 the US 311 Bypass was placed on the North Carolina Transporta- tion Improvement Program. The City of High Point was very apprecia- tive of this move by NCDOT. In September of 1985 the High Point City Council adopted a resolution (see attached) not,only in support of the project but also agreed to ten percent participation in the project. Thus, the city agreed, under no request by NCDOT, to contribute a to- tal of $ 5 million plus several parcels of right-of-way towards the project. The long battle for construction of the US 311 Bypass culminated in 1986 when the City of High Point executed a $ 300,000 contract with an engineering consultant to perform an Environmental Impact Statement for the project. This study, performed in cooperation with the North Carolina Department of Transportation studied all environmental af- fects of the project. The process allowed for a great amount of pub- lic participation and comment and finally, based on the study and pub- lic comment, selected a corridor which was approved by the Federal Highway Administration and a multitude of other agencies including the US Department of Agriculture, the US Army Corps of Engineers, the US Department of Interior, the North Carolina Department of Cultural Re- sources, the North Carolina Department of Natural Resources and Commu- nity Development (which includes the Division of Soil and Water Con- versation), the State Clearinghouse, etc. That corridor was identical to the one identified and protected since the latter 1960's. During this study three public hearings were held. Over three hundred people attended the hearings. At the time there were very few concerns over watershed expressed. Those concerns which were expressed were ad- dressed in the final corridor selection and documentation. It was de- termined at that time that the project could be constructed with the proper safeguards. Given such a history of support of the US 311 Bypass Project, I find it difficult to understand now that the project presently is in seri- ous"jeopardy. The project had been scheduled for a contract letting date in January 1992. However, due the continual problems in obtain- ing the appropriate permits for construction, as well as the obvious lack of support thusfar from High Point leaders, the contract letting date has been postponed indefinitely. It is my opinion that if the High Point City Council does not show some support for this project soon, the project will be canceled. According to the statistics in this year's TIP document, the North Carolina Department of Transportation has spent approximately $ 15 million to date on this project. The City of High Point has paid $ 3.3 million of its debt to the state, in addition to several land donations towards right-of-way for the project. The money used thus- far towards this project has been money derived from taxpayers both locally and statewide. If the project is cancelled due to lack of support by local leaders, the remainder of the funds set aside for this project will not be appropriated to other projects in the High Point urban area. The City of High Point will still owe the North Carolina Department of Transportation $ 1.3 million regardless. Therefore, the city will have paid out $ 5 million of the taxpayers dollars for nothing. The North Carolina Department of Transportation will have spent $ 15 million dollars of the state tax dollars for nothing. Several local citizens will have sold their homes and moved their lives to other locations, in or out of High Point, for no rea- son. With the public hearing coming before us in January, I feel the lead- ers of High Point need to make a decision on whether they want. the US 311 Bypass for their city or not. If the local concern is only that of the crossing over wetlands, I can assure you that both my staff and NCDOT are as concerned over this issue as anyone. It is our opinion that appropriate precautionary measures can be taken to protect the watershed. We strongly feel that both the environmental concerns as well as the concerns of traffic congestion can and will be accommo- dated on this project. However, in my opinion, if proper and adequate support is not shown for this project, the US 311 Bypass will be fur- ther delayed or possibly not constructed at all. If the latter is the case, we must begin now to prepare our citizens for traffic congestion for the many years to come. Indeed, if the US 311 Bypass project is canceled the city will face a* whole new set of problems. As you know, the city has been preparing for designation as a non-attainment area for the 1990 Clean Air Act Amendments. This week the final designation sites were released and although the City of High Point was named non-attainment in the ozone catagory, it was finally released as an attainment site for carbon monoxide levels. The primary reason for our city being releived of this status was the future construction of the US 311 Bypass. A re- port prepared by NCDOT and ultimately approved by the US Environmental Protection Agency in November of this year, states that unless the US 311 Bypass is constructed around High Point, the city will face severe problems of inner-city traffic congestion. The construction of a high speed, controlled access facility around the city will provide for much cleaner air both in the CBD and the surrounding area. If the By- pass is not constructed, the city will again fall in the non-attain- ment designation and will face stronger penalties and conformance mea- sures than are expected with only ozone non-attainment. Those conformance measures will result in more obstacles for economic devel- opment and severe limitations on construction of other roadway proj- ects. I am asking your assistance in forwarding my concerns to the mayor and city council members. I request that they consider these comments and come to a final decision on the future of this very important project. If you or any council member desire additional information on this is- sue, please let me know. Encl: Attached Resolution N. ? W w rt In 0 ? i x o m0 0 O (D o ? a. G) z rt n ?t (D N (D v rt O w b Z C-1 w 0 F •° ?' a Gd Cy tj :3 0 ?• O w? n?w14 Ui o wrj N O V I-h as N m ON C O W Ui ! i U1 ID rt W N fv P) QQ fD El 0 rt ? 3 'I) IMPORTANT To- Date - Time q4 WHILE ILE YOU WERE OUT M /? l ) iIJC q &a of ??y Phone ?7 AREA CODE NUMBER EXTENSION TELEPHONED P EASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL Message 0 & V-e5. Signed N.C. Dept. of Environment, Health, and Natural Resources 7-"d.lm c: O 7 (D N f0 N O N c co i fD C O N P r t r h h r J 1 7 3 F>_ ti n V, R AS State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor William W. Cobey, Jr., Secretary October 9, 1991 George T. Everett, Ph.D. Director Regional Offices Greensboro News and Record Asheville P.O. BOX 20848 704/251-6208 Greensboro, N.C. 27420 Fayetteville 919/486-1541 ATTN : Legal Ad Department Mooresville 704/663-1699 Dear Sir: Raleigh SUBJECT : Public Notice 919/733-2314 Washington Please publish the attached Public Notice one time in the 919/946-6481 section set aside for Legal Advertisements in your newspaper. Wilmington The publication should run on or before October 14, 1991. Please 919/395-39W send the invoice for publication and three copies of the affidavit of publication to the address given below. Payment 919/89966--7007 7007 Win cannot be processed without the affidavit of publication. N.C. Division of Environmental Management Water Quality Section Post Office 29535 Raleigh, North Carolina 27626-0535 Attn: John Dorney If you have any questions concerning this matter, please call me at 919/733-5083. Sincerely, J hn Dorney 401 Certificatio s JRD/kls PubNot.ltr/D-7 cc: John Dorney' Eric Galamb, WSRO Cyndi Bell, DOT Carl Wills, Dept. of Public Works - City of High Point P.O. Box 29535, Raleigh, North Carolina 2 762 6-05 3 5 Telephone 919-7337015 / Pollution Prevention Pay, An Equal Opponuniry Affirmative Action Employer NORTH CAROLINA DIVISION OF ENVIRONMENTAL MANAGEMENT PUBLIC NOTICE is hereby given that the N.C. Department of Transportation near High Point, North Carolina, has applied to the North Carolina Division of Environmental Management for a Water Quality Certification pursuant to Section 401 of the Federal Clean Water Act and Environmental Management Commission rules in 15A NCAC 2H .0500 and 15A NCAC 2B .0109. The activity for which the certification is sought is to fill 5.94 acres of wetlands for East Belt, U.S. 311. The public is invited to comment on the above mentioned application to the Division of Environmental Management. Comments shall be in writing and shall be received by the Division no later than October 31, 1991. Comments should be sent to N. C. Division of Environmental Management, Water Quality Planning, Post Office Box 29535, Raleigh, North Carolina 27626-0535, Attention: John Dorney. A copy of the application is on file at the Division office at 8025 North Point Blvd., Winston-Salem, N.C. 27106 (Winston-Salem Regional Office (919) 896-7007) during normal business hours and may be inspected by the public. C? eor a T. Everett, irector North Carolina Di vi ion of Environmental Management DATE: October 9, 1991 .1M IMPORTANT To Date Time WHILE YOU, WERE,, OUT M /}?? /' '?'/ ilby of (? 1/ Phone `1 ? ?7/; 2 Te e) AREA CODE NUMBER EXTENSION TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL Message 0-aV Signed N.C. Dept. of Environment, Health, and Natural Resources IMPORTANT ULM _ N.C. Dept. of Environment, Health, and Natural Resources STATe g ? EAU ii ?(^ State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street - Raleigh, North Carolina 27604 James G. Martin, Governor November 1 1991. George T. Everett, Ph.D. William W. Cobey, Jr., Secretary Director MEMORANDUM TO: Cyndi Bell Planning and Environmental, DOT FROM: John Dorne RE: US 311 East Belt Guilford County Attached for your review are copies of all public comments received to date on the above mentioned project. The. Winston-Salem Regional office and I have received numerous phone calls about the project as well. Since I am aware that additional comments will be coming, I plan to accept them as well for the next 15 days. Since there has been much concern expressed about the project and a complete alternatives analysis (esp. regarding ramp D) has not yet been received, I am planning to ask the Director of DEM to authorize a public hearing concerning the 401 Certification for this project. Under 15 NCAC 2H .0503, the Director can schedule a hearing if he determines that a hearing would be in the public interest. If a hearing is scheduled, I hope DOT would be willing to present its arguments for the project and its location as well as whether practicable alternatives exist. Please call me at 733-5083 if you have any questions. JRD/kls Bell.mem/D-2 cc: Eric Galamb, WSRO Steve Tedder George Everett REGIONAL OFFICES Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem 704/251-6208 919/456-1541 704/663-1699 919/733-2314 919/946-6481 919/395-3900 919/896-7007 Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer AA&a? AMEEKIR =-. Regional Groups Blue Ridge Boone Broad River Shelby Cape Fear Wilmington capital Raleigh Central Pledmont Charlotte Cypress Greenville Foothills Winston-Salem Haw River Burlington Headwaters Durham Horace Kephart Fayetteville Medoc Rocky Mount Pledmont Plateau Greensboro Pisgah Brevard Research Triangle Chapel Hill Sandhills Southern Pines South Mountains Morganton WENOCA Asheville North Carolina Chapter r• 1135 Kenwood Street Winston-Salem, NC October 30, 1991 Mr. John Dorney. N.C. Division of Environmental Management Water Quality Planning P.O. Box 29535 Raleigh, NC 27626-0535 3 ? W QiC Re.: Request for a Water Quality Certification permit to fill 5.9 acres of wetlands for East Belt, U.S. 311 Dear Mr. Dorney: This letter is written on behalf of the North Carolina,Chapter of the Sierra Club to request that DEM deny the N.C. D.O.T. a Water Quality Certification permit to fill 5.9 acres of wetlands for the East Belt of U.S. 311. The acreage in question consists of high quality bottomland hardwood wetlands. They are directly adjacent to Oak Hollow Lake, the larger by far of the two lakes from which High Point draws its drinking water. The Sierra Club contests D.O.T.'s assertion that only 5.94 of the 11 acres of wetlands will be impacted. Disruption of 5.94 acres will impact the entire 11 acres by loss of hydrology and dispersal corridor. The entire 11 acres should be viewed as impacted. The Sierra Club objects to D.O.T.'s plants to build a ramp in this wetland for the following reasons: *The wetland serves as a major feeder source for the lake. This major wetland area serves as one of the last natural filters for water entering the lake. Forested wetlands are ranked particularly high for their ability to perform this, function. Replacing the wetland with a ramp will not only eliminate this valuable function, but the introduction of impervious surface will actually increase runoff and pollutant loading to the lake. D.O.T.'s plans to fill this wetland jeopardize the Oak Hollow water supply- * Construction of a ramp will destroy a bottomland hardwood forest (wooded wetland) of considerable quality. There are no endangered species in the existing wetland forest, but forests of this type and quality are themselves becoming rare, particularly in the Piedmont. ?Aa I To eVfore, enjoy, and protect the wild places of the earth;. to practice and promote the responsidfe use of the earth's ecosystem and resources... T *Not all wetlands are of equal value. The D.O.T. has offered to mitigate with wetlands of comparable size. However,.these wetlands would in no way be of comparable quality. The larger of the two wetlands sites offered for mitigation is not adjacent to a drinking water supply and thus would not provide a filtering and purifying function of comparable value. The smaller mitigation site is very small (.7 acres) and, while it borders the Hyatt Branch, its wetlands vegetation has been removed. This site also cannot equal the filtering and purifying functions of the existing wetlands. *D.O.T. plans to plant wetland tree species in the mitigation sites, but it will take 50-75 years for the 18 inch seedlings to grow to the size of the trees being destroyed. In the meantime, many species of birds and other animals requiring mature trees as part of their habitat requirement will have to compete for less and less available habitat space. *The Sierra Club contests the rating of this wetland as having a low outdoor recreation/education value (see Wetland Rating System Worksheet). In our opinion, this wetland has high asthetic value, with ample opportunities for solitude and recreation. We also find it to have high educational value as an excellent example of a bottomland hardwood wetland, a disappearing resource in the Piedmont. There is no general public awareness in the High Point area of plans to trade wetlands for asphalt. Even city staff were unaware that the DOT had requested the 401 permit. Why was public notice made only in the Greensboro paper, and not in the High Point newspaper, since it is primarily High Point citizens who would be affected by the loss of wetlands? Bottomland hardwood wetlands adjacent to a drinking water supply are too important --and increasingly rare--a resource to be sacrificed to a road project without informed public debate. We urge you to extend the public comment period, place a public notice in the local paper (High Point Enterprise), and hold a public hearing to allow for full and open discussion of this important matter. Thank you for your attention to these concerns. With regards, Molly k Diggins Coordinator, State Conservation Issues i ne 8 Z9" W.C. IutiStcx,-? ?r -1??Jtt'or}frl?.yl? ? ?c?dlcage 0 1 ?)tct VA Y) -k VN 02, o' Vax .L?ff??`? ?l X99, loz ;v v? eat- tV. 4? o?-,t l k.e. caves me n4 t Per Cen?? ?CC? m ?' , e X10) 1??r'rY???. ?.-oarn QpP03eA. --?'`+!O ?l li ? .T..? A. ?, ?.... ?.,•n:?.9 o-v \A'YV?- 'I }jYJ(3?1` C,)i1`?'? (\it ,? \' J f',t 1 i ?,•. C?r'?i':1 it.??.?`?'• 1!:-cY\t^I"? ?? Q??.. 4-f- ',+ - 1-11) ? C., oz- k??XL-3n earr?ef.3 ``o0'e(- ?. ?5Lc`??('ertLA . P?1o1t??l ?eQ r t hSJ ?'o r t.}nom (-2S cc?2r?i-s C3T l'1 f'ea? v- tt ??1 ??- i rot?t? raven, ?oot,IA ? a `-we ?= t?,;n 4???,"rid; tJ,c.. z }z? ? r. cz- Fns 733-???? 7? o - C1.? 311 C,,,4- .?6-.el t , ?? ?-a--?r-? b-? cv? 119- Ys.s-- X733 P T E nmomT W T LDL T FE CLUB Q k` fq V. Mr. John Dorney J ar NC Division of Environmental Management Q V Water Quality Planning, ??p Post Office Box 29535 Raleigh, North Carolina 27626-0535 %!PC Re: Application of NC Department of Transportation to fill 5.94 acres of wetlands for East Belt, U.S. 311 Dear Mr. Dorney: The members of the Piedmont Wildlife Club located in Winston- Salem, North Carolina oppose the application and plans of the NC Department of Transportation to fill the urban wetland area located near the East Belt of US Highway 311 near the Forsyth/Guilford County line. This unique type of wetland is rapidly disappearing in North Carolina and we feel that this area should be protected from further development. We urge the Division of Environmental Management to thoroughly evaluate the plan submitted by the Department of Transportation and consider other alternatives to filling this urban wetland area, including finding another location for the East Belt route. In the event the DOT proposal is accepted, we strongly support very strict guidelines that will protect as much of this area as possible from further environmental damage. We do not feel that the proposal, as is, is the best plan to deal with this issue and ask that your department further study this issue to afford maximum environmental protection to this area. Thank you for your consideration and efforts. Sincerely, cam,, r? Piedmont Wi dlife Club ?. 4, 7UL&x Project threatens local wetlands I am writing to alert your readers to the impending loss of one of the loveliest wet- lands in the Piedmont. The residents of the Piedmont will be given little opportunity to even hear that this bottomland hardwood forest will be tilled in. Little opportunity will be given to mount an opposition. Six acres of wetlands are found in the vi- cinity of Aberdeen Road and Langdale Drive in High Point. Six acres of wetlands will be filled in to provide a ramp for the proposed U.S. 311 Bypass. This six-acre tract of land is considered signifleant wetlands under the Division of Environmental Management (DEM) guide- lines (possibly the highest rating for any wetlands in the Piedmont). If the highway ramp were moved to run along Aberdeen and extend to the utility right-of-way, this High Point gem could be preserved in- tact. DEM asked the Department of Trans- portation (DOT) to determine the cost and possibility of an alternative route for the ramp. DOT didn't bother to consider alter- natives. In addition, DOT was asked to do a second environmental assessment after DEM discovered the wetlands were significantly larger than the 2.04 acres DOT reported. These wetlands lie close to the Oak Hollow reservoir, which contains High Point's drinking supply. Wetlands are nature's filter. Sunday, October 20, 1991 If the natural water filter is removed, an upgrade to the water filtration plant may be necessary, at an expense to taxpayers of High Point. Time is short. If we want to preserve these wetlands in the middle of High Point, we must act quickly. If you oppose filling the wetlands or, at least, want the alternatives considered, let your opinion be known. The deadline for public comment is Oct. 31. Write to: N.C. Division of Environmental Management, Office of Water Quality Planning; 11.0. Box 29535, Raleigh, N.C., 27626-0535; Attention: John Dorney. ANNE SAMIEC Winston-Salem High Point Entemmse 17 Oct. N.C. Division of Environmental Management 9 "`0< Water Quality Planning ?? 91? P.O. Box 29535 a Raleigh, N.C. 27626-0535 C ??@ Dear Sir: WIN, I am against filling 5.94 acres of wetlands fo , U.S. 311. If we continue to destroy our wetlan water supply, plantlife and animal life will be endangered. I hope that this Certification will be denied. Sincerely, C"t°6'? Clara W. Pou X67 Crepe My rtle Circle inston-Salem, N.C. 27106 -., ?, i`.?=;:- ?` ;` : ,._ . ; ti` r Y. VA'4 yd d, ydwd a"a ydod X Yc?io4 9,,9-998 y .,Y A. Ya X9 October 22, 1991 390Yd..41.94.e moat 0 -4.9893 ??a?a?fl?/9?88./Ns959 1 /9.40-83-9,IS-/ gg'e gyp. ???a Mr. John Dorney North Carolina Division of Environmental Management Office of Water Quality Planning Post Office Box 29535 Raleigh, North Carolina 27626-0535 Re: Endangered Wetlands - Highway 311 Bypass High Point, North Carolina Dear Mr. Dorney: I am advised that six acres of wetlands in the vicinity of Aberdeen Road and Langdale Drive in High Point are to be filled to provide a new ramp for the U.S. 311 Bypass in High Point. I oppose filling wetlands and encourage DEM to consider all alternatives. I am enclosing a copy of a Letter to Editor which ran in the High Point Enterprise on October 20, 1991. Thanking you for giving this matter your kind attention, I am Very truly yours, i Arch Schoch, Jr. AKSjr: j Enclosure w , G 0Q R C] CL w O'Q o a. 0 O n ? ? O w a. cD _ ao?`o'X y (CD li m o° a o• y U° a (o --? fD n < ?(D F o ?? v va co o a o 0 (D b -? a (D W G. w fD x CL oa o w D W o m?(¢oai a°-ws ?o ( o gnt. (D C) p Ci7t= ° °uq a o o Q° n<¢ (D p rL c O. O ?p O 0 CL CL C) w R (D p 0 (D O C O m (D M 0. 0. (D CD m -M Q- ? Q. ? O ? 'LS 'C7 ? x w ^1 y n AT 0 0 p o w r,,* d tr c. 11 -c! CL (D Cr (D Q Q O (D Z p y_ C7 O `b .y" y O w O (D C- co o a. o y `? ?, o CL o :7, CD CL 7q O o?. O O w p (D lD L2. r-L w w ',? d y (D O O (D CD O. (o i].. tD O (D ? 5?.. O w °°mc?o zs?o w xo y? o ?' o r.? ' o w CD -0, 'GXO fD -? .,o < w I C , (D 0 ox ' ' o p, ° = ° da Q' ° (p O-.- CI FL rOr. ?7 p m gr - ? D N 7 O rn?wr; O O' CD (D cn ?p`o-•? ID CGOd p" X .J. ? O cJ? C 7 O w C ?a(Daq? L - Z w CL nF? C coD ° . ID _ O? -s C O ? O < (D 0 (D 0. (D o w c m w O O ,o+ O O ? ? O + (D S x U 7Q -3 (D O ° os C o < GJ M xo c ??wo• ° r.w ?w 0 o w y m CD (D M (rD SD (CD ^s O O O ?' w ? N co 3(<D ? a rn V 0 rf r-+ V Q. ,? /' V ? -o s.. ? u .Q ° . y o . E 'nn o E =o `? n > ?o co C) 0 LLIU> (1) >? Cl? Q) U E a) L O y C (? ? ? 4.. J Q1 ? E ,z c a;c oca.?3E op E E ° o y? -°y Eby y oya? c? cvc o 3 .? ° ? °.-' °o o°c E -moo 7E ? v y or Eo3vcz 11 7 ?" u arc o.? 0 ° cc ° ° o o .? ° y N U L E y cz U O cz c = O s ¦wm W i a? ? o o ° o a) a ca ? c z ?co L a r A ' 3 24 17 c U ?14 ? ? 4 '°`.'r ?,? .. CAI?O& NORTH CAROLINA WILDLIFE 2728 45 FEDERATION .G L ENV QUALITY ENVIRONMENTAL C? 'L L ? cfl FED?? 639 Bethany C?`-" Winston-Salem,N.C.27103 October 29,1991 John Dorney N.C. Division of Environmental Management Water Quality Planning P.O. Box 29535 Raleigh,N.C.27626-0535 Re: Certification To Fill 5.94 Acres Of Wetlands For East Belt 311 There are waters in North Carolina, both fresh and saline, that have outstanding natural resource values, including excellent water quality and other unique and valuable natural characteristics. These areas have intrinsic values to all North Carolinians as long as they maintain their natural resource values, but they are continually threatened by uncontrolled development, sedimentation, illegal mining, wastewater and stormwater runoff. Many counties do not regulate the use of these lands, but there are regulations available to protect these waters through official designation as Outstanding Resource and High Quality Waters. The North Carolina Wildlife Federation supports the identification, nomination, and protection of Outstanding Resource and High Quality Waters and urges the state, through the Environmental Management Commission, to agressively pursue the protection of these valuable resources. The Federation urges the appropriate state agencies to follow the stricter interpretations of regulations when there is any question, to monitor the effectiveness of protective measures, and implement stricter measures where and when necessary to protect all of the special resource values of these waters. y T.RINi o on Director 7-A Copy to: Mr. Dale Mosteller N.C. Wildlife Federation-Western Vice President Route 4, Box WP2 Lincolnton,N.C.28092 printed on recycled paper L4 Oci X99 . C, State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management P.O. Box 29535 Raleigh, NC 27626-0535 WATER QUALITY SECTION • FAX # 919/733-9919 TELECOPY TO: k FAX NUMBER: _ `v ( i Co FROM: PHONE: 33,50 NO. OF PAGES, INCLUDING COVER SHEET: COMMENTS: `Q 44 •' " ? Y ?r"'?•? cF 4 f ?'?1 ? ?Cj ? ?1`4Y ? l • r P ? ? t r •"w G look 10 , t oo tt a? t?t , o.r ? `? O 40. ° y o. riff7WIR c ?Y \ lip 0-4- o" I 89 ° D D D D p p r oorm • , zZ r i z Z D D ? Z (TI m ;o t n R +ai>+ • . rrn D m ,I / fi ? '?• "tea,,,., : '' `, n -? NN 2. ,,. ? p Z 8 i r• r a ?' , ( A .gr ^ 8 ro 47?? o " j( D {*! ra o, E `r ( w,, Y M1 !? yc j? j r f k ,. • 10 t-7 -EXINGIP '., , _ ••a r.. Y ? ? A try er ? ?4'?t + 24- cc) DR. .? .,.°?t, +. o° :. .,yi • k ?i° $) ? 1 - •, t: X14; ?" . kill , O ,,yam' ko"' _• = .1 I r m O ? o I •o ? . 4r,.• r , ? ti 4 N ? r r?tt ? ?;? ? Uft? . gal ? C/. r 29 7 70 or m a3 1 q(/ 4 1) w h6,-L? ? us 3 ?1 1?.??- LJ? LJdtEA? ?n Dg 7? arc a-?qos I IMPORTANT Time ILE of AREA CODE NUMBER EXTENSION TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL Mes ge N.C. Dept. of Environment, Health, and NahCol Resources ROBERT W. CONNER. AIA ARCHITECT HIGH POINT. N. C. 27262 Mr. John Dorney Wetlands & Technical Review yw ,, Water Quality Planning `~ rz Division of Environmental Management PO BAox 29535 Raleigh, NC 27626-0535 Dear Mr. Dorney: Thank you for notifying us of the hearing to be held in the High Point City Council Chambers on January 7. We will certainly be there. I phoned Ed Harrison last night and he told me that you could respond to some of our concerns. My husband Bob was president of CCNC back in the earliest days and I served on the Board along with Ed for many years and thus knew of his transportation concerns. Our burning question, of course, is how to defeat this ramp. Who makes the decision to put in a ramp? It is within about a mile of the end of the 311 By-pass and appears a waste of money to us (I told Ed he should apply for this money to build the ramp he wants in Durham). Can we obtain a map of the northern end of the By-pass with mileage markings and streets named? Can we obtain a map or maps of the mitigation lands and plans for converting them into "wetlands"? Who will spend the money for this "conversion"? This seems to me another objection for us to use, since what I have heard does not sound at all feasible and the whole purpose of the permit is "no net loss of wetlands" (I hope) Who will conduct this hearing? Any suggestion you can make to us about how to structure our protest will be most welcome. Sincere ours, -c Elizabeth H. Conner 1405 Emerywood Drive High Point, NC 27262 919/885-4249 MEMBER AMERICAN INSTITUTE OF ARCHITECTS CONSTRUCTION SPECIFICATIONS INSTITUTE PHONE 919.887.1142 CA) p7 CD D - Ono m 'ro i ? SI D m F-+ M CD-0 70 CD • _N by m. m ?? s??mm D tN3?f?f a NCD m 3aN ti r r ° n N c.4 .? mo c?33 c D 0 ID n I-•h_Q 0. C_, m ?O.y?.N w. °a- odQa ; N fi C A? v F' m?aapo 01 1"1 p ?c *C 0 ?/ N O N Qo w 0 ti y{ CD - Q O ? l } J( ? = C a 1 ''jj h a CL m N Cr lSV? ., CD ?. 7; O bd 3 chi m m N <D O < "6_ O m C1 CD :- N j N CD O) v A ? ? .P ro a 0 CD :3 0. C x , m c70D cn ?i D , N CL s - a (a c? m Ln o 0 m m o m ° 'N CD' v m C F Q CD . ? ., a m Z pp 0 ? o O N :3 10 m - . .< ? Cl) v E Q m m a ?P CD " Li Li o <o a -O-El 0 D 3 ; °- <•z m O (D p p c y. o o A - m (D u o 3 0 ° ? > >o - O O ? o m _ 0. CD q n m > 0 Q? (D N <' c ° cD m fl CD. W N ? y X rt y ? S o v m I . W a LL °OO • . LL W ? } a z O W CL U IV Ln (M_ C U-) co O rub) a N !A N N ? (D Q w 01 L cv x c O a ch A??? d • m 0 m N - m m 4), .W •+ w '7r .0 - - m m D < m c fA C Z O z O o m 7 z n O N m ? ? ? r m z O O ? D z X D D D m m D 70 c z o c z ? m o c CL °y y 3 W W vi mo a m r 0 N co n n o N CL N 7 O ? a ? .° w Z 1 a = < ? c o m n z O a y o m ' K'o a v c mm> Cl) mm 3 m x 3 C 70 D m rz n c m D m 0 C 3 0 - o oz z z0 n m x m 0 v o D D y r m z c W m z z 0 0 zz > y am 3m ° c mm z yz A m 0 Tm V m z Cl) O c m N z m C M m O Z Z ? K cn m n z o c m z Z = D n z O o v z m D W -I = C m M m D -I r- :0 m O C 0 m Greensboro News & Record Published by GREENSBORO NEWS &RECORD, INC. Greensboro, North Carolina NORTH CAROLINA, GUILFORD COUNTY AFFIDAVIT OF PUBLICATION Before the undersigned, a Notary Public of said County and State, duly commissioned, qualified, and authorized by law to administer oaths, personally appeared N. C.: ENVIRONMENTAL, k,ANAGEMENT COMM15SiON No OF PUBLICsHEARING FOR f.77 .P?'T +> .............................................. who bein first dui 4717, WATER QUALMY CER;nFICA ....... .... g y 7)ON1 US 311 EAST BELT, N.C...DE Sworn, deposes and says: PAR7MENT OF'TRANSPORTATioN,' ,{?JI,C? is GUILFORD by 9iye COUNTY Notice Is he Of a'pibllc 1. Y?1187i..'FrJW. AM MSIM. SATE. MR ...................................... of the Greensboro ei reb given of hewing to );e held by the N.C. De- News Company, a corporation, engaged in the publication of newspapers known as "Greensboro Daily Partrnent of Environment: HealtiY News" and "The Greensboro Record", published, issued and entered as second class mail in the City of and Natural,Resources L?eMl'of. y the E ?con?le?tat-,Macg,nent; Greensboro in said County and State; bye on 5 2. That he is authorized to make this affidavit and sworn statement; that the notice or other legal adver- he N.C. De..oF. tisement, a true copy of which is attached hereto, was published in the ion (DOT ) n??.4o "' GREENSBORO NEWS & RECORD 94 atte5;of we?tandso. t) ,Bra'F1ch wt?c'h'., is a' O'ak "Hollow lralce, a- ly asengi " he r of b City on the following dates: ' °" tr1 N Gh Pou-K and?An?td9ler. AA. i'CC:RI1iJer- 5, - 1991 .............................................................................. . J Final Enytronmental inpact,State-. _ meat on this road was approyed on ,duly.' 12,;1968. The'. N.C. DQT,tshas ' .proposed 'to. nil6gate for this lm- pact;ata 1,1 acreage ratlo' by re- ....................................................................... ..... ...... ..... .............. , -'storing end. Creating vveds at several locatloi}s on Hiatt Branch ,. and, at the'Jatkson Lake -bed'.on ..................................................................................................... -Jackson, Lake Road. In addition,. 1...0:64?acres of wetlands -.111d be debited from the Company Swamp W gam Bank. N .C(T OF'.PfJ?,IC IBC ........................... for ....................... ... . and DAc ME: January 7,, 1992 at 7-00, . . ........ LOCATION: igh Point Chambers " city - :of High Parr a'9QN OF R_l?`M__„_A . .? MWlS ITJLiVl .? } `J. l M l d th 211 5. Hamilton Street ... ... . ....... ace rou .].. .......... . p HI9h-Point. N.C. . COMMENT PROCEDURES:" AU per- Interested . in this matter are invited to attend. Comments. statements. data and 0ther ##br , mafion may be submitted inWHtiho i t 3. That the said newspaper (or newspapers) in which such notice paper document or legal advertisement pr or, o, during or v&diin,tKir ,0o)I • 'day Safter the hearing (by Feb: s, , , , was published was, at the time of each and every such publication, a newspaper meeting all of the 1992) or may be presented orally at ' requirements and qualifications of Section 1-597 of the General Statutes of North Carolina and was the-hearing. Oral statements nwv- be umited at the, dlscretion. a I e a qualified newspaper within the meaning of Section 1-597 of the General Statutes of North Carolina. hearing ffiocer. Sl bmlttatof?vil7ktan :. copies. of oral statements Ls-_.en- co,uraged. AUTHORITY: N-C.G.S. +143-- -215.3(a)(1) and (U. Water Quality eriifIcation're ul s ti 15 4 N ` t-1 911 L rrmbsr g a on . . CAC ,.2H .0503. '.... ,. This .......... . . . . . . . . . . . ............................ day of , 19 . . . . . . . . INFORMA-nON:, Further 'exple[nation -and detalls,;of :the: proposed action can be, obtained by _wntL,g or call- - . irg ? John- Domev. 919-73=I_506 • Wetlands and,T9chnI8a Review .......................................................................... Water qualky"Pianning' Advertisin Director ,D I- of Envlronmentai g g _,h4anageme'rit- ,P!O^ Box 29535 -,Raleigh. ;N.C: 27626-0536 . .: .., t'.;,.,., or•:. r ._1.. '::-, .......................................................................... Steve Mauney, 919°7e; 23s1- W ' u : Local Advertising Manager ater Q ality Section D"!?on EnNronmental . ` ' . ManagerpenE ; State :-loo .......................................................................... o --"` •' National Advertising Manager ...................... .......... .. ..... ............... Classified Advertising nager Swgrnjb?nd subscri of e , this ....... .. day of .........I CH[?7eZ?... 19 ......... i 'sJ ..... . ... .... ..... Notary ubliC ...... My commission expires: ...................................................... 0, r Greensboro News & Record The Lager CUSTOMER NAME sIV 1SI?4 0": L:>?VlRl} ENTA INVOICE DATE 12/06/ , . AOCOUNT NO. CLASS SALESMAN LAST RUN DATE ??l 3 11900, 9.1 LINES TIMES DESCRIPTION CHARGES Y? t'?? L IC (? U L 119.54 F INANCE CHARGE OF 1'/3% (16% ANNUAL RATE) WILL BE APPLIED TO UNPAID BALANCE ON YO UR ACCOUNT (30) DAYS AFTER INVOICE DATE. . CLASSIFIED ADVERTISEMENT Greensboro News & Record The P.O. BOX 21967 . GREENSBORO. N.C. 27420 r TELEPHONE: (919) 274-5710 INVOICE DATE /06/91 ACCOUNT NO. CLASS SALESMAN LAST RUN DATE 91339r-)0o91 1 -,^ 95 12/05/91 LINES TIMES DESCRIPTION CHARGES . 1.2 9. 54 T: TAL DUl 11`9.54 r IT sr,1 YJ v-7 6 PLEASE RETURN THIS PORTION IF PAYING BY MAIL OR PRESENT THIS ENTIRE BILL IF PAYING IN PERSON. ?x 1 t !42 i rt i4 t {I 1 e t f Pf {I ?I i Offmo TO- J ??nn v U DATE: SUBJECT: qfl(- ?Jl c Is 11A I AAA-e (k c 17 l From: STME North Carolina Department of Health, and Natural Resources Environment, 4 Printed on Recycled Paper ?t State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor George T. Everett, Ph.D. William W. Cobey, Jr., Secretary Director December 2, 1991 Regional Offices Asheville 704251-6208 Fayetteville 919/486-1541 Mooresville Sarah Doug Harris 704/663-1699 3411 Langdale Drive Raleigh High Point, North Carolina 27265 919/733-2314 Dear Ms. Harris: Washington 919/946-0481 You had written us about your concerns regarding the Wilmington proposed 401 certification to fill wetlands for the U.S. 311 919/395-3(XIX) East Belt. We want to let you know that we will hold a Winston-sale, public hearing on that proposal on January 7, 1992 at 7 p.m. 919/896 7(X)7 in the High Point City Council Chambers at 211 South Hamilton Street. Written comments will be accepted through February 6, 1992. Requests for further details or written comments should be addressed to John Dorney, (919) 733-5083, Wetlands and Technical Review, Water Quality Planning, Division of Environmental Management, P.O. Box 29535, Raleigh NC 27626-0535. Feel free to call me as well. Sincerely, 0,&i f, &-C Debbie Crane Public Information Officer P.O. Box 29535, Raleigh, North Carolina 276260535 Telephone 919.733-7015 / Pollution Prevention Pays An Equal Opportunity Affirmative Action Employer IMPORTANT s , r Date // J '5?x Ti HILE YOU WERE OUT M Phone qe' O aJ ? ' AREA CODE NUMBER EXTENSION l' TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL ki a N.C. Dept. of Environment, Health, and Natural Resources 13 C v(J Printed on Recycled Paper 9VIEMQ DATE: TO: SUBJEIT: 0.. Vnwi?0 fiU) ?T?'JY°?°? ?.- ??4?. 1???. 4?- ?i;?L? Y?n•? (0a-. W . 0 .. Nq, pji, Department of Environment, Healt4 Watural Resources ?? Printed on Recycled Paper .,4. ' C ..+ STATE i° State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor November 1 1991 George T. Everett, Ph.D. William W. Cobey, Jr., Secretary Director MEMORANDUM TO: Cyndi Bell Planning and Environmental, DOT FROM: John Dorne RE: US 311 East Belt Guilford County Attached for your review are copies of all public comments received to date on the above mentioned project. The Winston-Salem Regional office and I have received numerous phone calls about the project as well. Since I am aware that additional comments will be coming, I plan to accept them as well for the next 15 days. Since there has been much concern expressed about the project and a complete alternatives analysis (esp. regarding ramp D) has not yet been received, I am planning to ask the Director of DEM to authorize a public hearing concerning the 401 Certification for this project. Under 15 NCAC 2H .0503, the Director can schedule a hearing if he determines that a hearing would be in the public interest. If a hearing is scheduled, I hope DOT would be willing to present its arguments for the project and its location as well as whether practicable alternatives exist. Please call me at 733-5083 if you have any questions. JRD/kls Bell.mem/D-2 cc: Eric Galamb, WSRO Steve Tedder George Everett REGIONAL OFFICES Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem 704/251-6208 919/486-1541 704/663-1699 919/733-2314 919/946-6481 919/395-3900 919/896-7007 Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer ?rth?Ca?roUna Cha?te_ r 1135 Kenwood Street Wi C l Regional nston-Sa em, N 3 Groups m Q October 30, 1991 Blue Ridge Boone W G1 U W c •.. Broad River I-C Mr. John Dorney Shelby N.C. Division of Environmental Management Water Quality Planning Cape Fear P O. Box 29535 Wilmington . Raleigh, NC 27626-0535 Capital Raleigh Re.: Request for a Water Quality Certification permit to fill 5.9 acres of wetlands for East Belt, U.S. 311 Central Piedmont Charlotte Dear Mr. Dorney: Cypress Greenville This letter is written on behalf of the North Carolina,Chapter of the Sierra Foothills Club to request that DEM deny the N.C. D.O.T. a Water Quality Certification Winston-Salem permit to fill 5.9 acres of wetlands for the East Belt of U.S. 311. The acreage in question consists of high quality bottomland hardwood wetlands. They are directly Haw River adjacent to Oak Hollow Lake, the larger by far of the two lakes from which High Burlington Point draws its drinking water. Headwaters Durham The Sierra Club contests D.O.T.'s assertion that only 5.94 of the 11 acres of wetlands will be impacted. Disruption of 5.94 acres will impact the entire 11 Horace Kephart acres by loss of hydrology and dispersal corridor. The entire 11 acres should be Fayetteville viewed as impacted. Modoc Rocky Mount Rocky The Sierra Club objects to D.O.T.'s plants to build a ramp in this wetland for the following reasons: Piedmont Plateau *The wetland serves as a major feeder source for the lake. This major wetland Greensboro area serves as one of the last natural filters for water entering the lake. Forested Pisgah wetlands are ranked particularly high for their ability to perform this. function. Brevard Replacing the wetland with a ramp will not only eliminate this valuable function, but the introduction of impervious surface will actually increase runoff Research and pollutant loading to the lake. D.O.T.'s plans to fill this wetland jeopardize Triangle Chapel Hill the Oak Hollow water supply. Sandhills * Construction of a ramp will destroy a bottomland hardwood forest (wooded Southern Pines wetland) of considerable quality. There are no endangered species in the existing wetland forest, but forests of this type and quality are themselves South Mountains becoming rare, particularly in the Piedmont. Morganton WENOCA Asheville 4 To explore, enjoy, and protect the wdd places of the earth; w i to practice and promote the responsible use of the earth's ecosystem and resources... *Not all wetlands are of equal value. The D.O.T. has offered to mitigate with wetlands of comparable size. However, these wetlands would in no way be of comparable quality. The larger of the two wetlands sites offered for mitigation is not adjacent to a drinking water supply and thus would not provide a filtering and purifying function of comparable value. The smaller mitigation site is very small (.7 acres) and, while it borders the Hyatt Branch, its wetlands vegetation has been removed. This site also cannot equal the filtering and purifying functions of the existing wetlands. *D.O.T. plans to plant wetland tree species in the mitigation sites, but it will take 50-75 years for the 18 inch seedlings to grow to the size of the trees being destroyed. In the meantime, many species of birds and other animals requiring mature trees as part of their habitat requirement will have to compete for less and less available habitat space. *The Sierra Club contests the rating of this wetland as having a low outdoor recreation/education value (see Wetland Rating System Worksheet). In our opinion, this wetland has high asthetic value, with ample opportunities for solitude and recreation. We also find it to have high educational value as an excellent example of a bottomland hardwood wetland, a disappearing resource in the Piedmont. There is no general public awareness in the High Point area of plans to trade wetlands for asphalt. Even city staff were unaware that the DOT had requested the 401 permit. Why was public notice made only in the Greensboro paper, and not in the High Point newspaper, since it is primarily High Point citizens who would be affected by the loss of wetlands? Bottomland hardwood wetlands adjacent to a drinking water supply are too important --and increasingly rare--a resource to be sacrificed to a road project without informed public debate. We urge you to extend the public comment period, place a public notice in the local paper (High Point Enterprise), and hold a public hearing to allow for full and open discussion of this important matter. Thank you for your attention to these concerns. With regards, Molly A. Diggins Coordinator, State Conservation Issues ` 8293 ??I•C.??t,? Jtdl-? V? `-}tiv+f`U+`}{7-+nVl'o? ?QA 0, -?Q? ?vJ ckl P r.. ?? y. a ? ?,. ??Q r1 Yl l ?1 ? U OOP /f k?- - o .lax Z ? a,5 9 tt qT J C- 4 0 S-3 S- ?.Ip 4s, e Q& A CD 41 eaf- r t?. So??1? ?, )O?-(Ie . J? i t?.? ... 16 re tj-n ?- a coves me n4 pQr Icyll C0. m2. ,?1?c??Y?.f? .U o?r?c _..??e ??ol ???rr???• ..ro,rn OppoSea. 'I YJQ?}Clt??1? {\rl. ,1?')r!'?'•1i ,•?:• t,:?/??:` r?.??'??1Car1C;?r1 ?? Qr? y ??.:? f -? ? t ` ?` ? 1 ,? h ? t.? ? r•?. t 5 ? (? l Y1 ? t.J? G? ? r` ? t? ? pl 1 o n % (" . J.1' j ?V1 oa? ??Jt ; •?. •'02_ t..• c?9 C;1 ? ? ? ? C Yl t c ? ? GY1 ?O + CarrIef-3 3 0-C r- t` ??5 C`??ervoc? . P?bl« ???? ?n s rec. er tv??J or A'AA o, ?ckec,.,. 1 ?! ?. i /' ; r. f i.,?;J t S: t:. ?'•? tee/. man Q-ouvy,V ov\ yt, JrJ ? tr.?F ? +sY_Yi } n?;13,Cf, z)z( <- C ..? oo? F2 Gn,? l P(-) ti; z .{, ni o qp ` cli il, CQ ??` ZIT L J `l II lit.' . C. 72 4 Z! r 1^^1// T` ..?X-Q.?I?..L1 ?????t?? i. ??r?l.. /'/rX? ?W v" ??'C"4-?? ?--?2 19 yy- S?- X733 6 PIEDMONT W 2 LDL I FE CLUB 67 Mr. John Dorney NC Division of Environmental Management Water Quality Planning a? Post Office Box 29535 c?-'?9 oc Raleigh, North Carolina 27626-0535 Re: Application of NC Department of Transportation to fill 5.94 acres of wetlands for East Belt, U.S. 311 Dear Mr. Dorney: The members of the Piedmont Wildlife Club located in Winston- Salem, North Carolina oppose the application and plans of the NC Department of Transportation to fill the urban wetland area located near the East Belt of US Highway 311 near the Forsyth/Guilford County line. This unique type of wetland is rapidly disappearing in North Carolina and we feel that this area should be protected from further development. We urge the Division of Environmental Management to thoroughly evaluate the plan submitted by the Department of Transportation and consider other alternatives to filling this urban wetland area, including finding another location for the East Belt route. In the event the DOT proposal is accepted, we strongly support very strict guidelines that will protect as much of this area as possible from further environmental damage. We do not feel that the proposal, as is, is the best plan to deal with this issue and ask that your department further study this issue to afford maximum environmental protection to this area. Thank you for your consideration and efforts. Sincerely, 44? Gam,.. ??- i Piedmont Wildlife Club Project threatens local wetlands I am writing to alert your readers to the impending loss of one of the loveliest wet- lands in the Piedmont. The residents of the Piedmont will be given little opportunity to even hear that this bottomland hardwood forest will be filled in. Little opportunity will be given to mount an opposition. Six acres oi'wetlands are found in the vi- cinity of Aberdeen Road and Langdale Drive in High Point. Six acres of wetlands will be filled in to provide a ramp for the proposed U.S. 311 Bypass. This six-acre tract of land is considered significant wetlands under the Division of Environmental Management (DEM) guide- lines (possibly the highest rating for an} wetlands in the Piedmont). If the highway ramp were moved to run along Aberdeen and extend to the utility right-of way, this high Point gem could be preserved in- tact. DEM asked the Department of Trans- portation (DOT) to determine the cost and possibility of an alternative route for the ramp. DOT didn't bother to consider alter- natives. In addition, DOT was asked to do a second environmental assessment after DEM discovered the wetlands were significantly larger than the 2.04 acres DOT reported These wetlands lie close to the Oak Iloilo" reservoir, which contains high Point's drinking supply. Wetlands are nature: filter. Sunday, October 20, 1991 If the natural water filter is removed, an upgrade to the water filtration plant may be necessary, at an expense to taxpayers of High Point. Time is short. If we want to prexerve these wetlands in the middle of High Point, we must act quickly. If you oppose filling the wetlands or, at least, want the alternatives considered, let your opinion be known. The deadline for public comment is Oct. 31. Write to: V.C. Division of Environmental Management, Office of Water Quality Planning: P.O. Box 29535, Raleigh, N.C., 27626 o535. Attention: John Dorney. AVVE SAN11F(: Winston-Salem FPoint terp rise Y 17 Oct. 0q1 2?2r23 N. C. Division of Environmental Vana` ement hater Quality Planning P.O. Box 29535 G Raleigh, N.C. 27626-0535 0,?y Dear Sir: I am against filling 5.94 cres of wetlands fo U.S. 311. If we continue to destroy our wetlan water supply, rlantlife and animal life will be endangered. I hope that this Certification will be deni6d. Sincerely, C';Iw Ld • ???, Clara W. Pou X67 Crepe My rtle Circle inston-Salem, N.C. 27106 ZP? L ; G 1 OG? ?g9'S? NNp\nltn9 OCan ?.3 L a7 ,. 4 / . -31 6 Yd.d a Jc C October 22, 1991 '70'0 Yd A4. A? foal ©Au 9..? X893 Ja?rcl, ?Y ?w?olin¢ 2926 1 ??q88"/. 1' 4-190883--151 Mr. John Dorney North Carolina Division of Environmental Management Office of Water Quality Planning Post Office Box 29535 Raleigh, North Carolina 27626-0535 1 < C'\c p. .lea Re: Endangered Wetlands -Highway 311 Bypass High Point, North Carolina Dear Mr. Dorney: I am advised that six acres of wetlands in the vicinity of Aberdeen Road and Langdale Drive in High Point are to be filled to provide a new ramp for the U.S. 311 Bypass in High Point. I oppose filling wetlands and encourage DEM to consider all alternatives. I am enclosing a copy of a Letter to Editor which ran in the High Point Enterprise on October 20, 1991. Thanking you for giving this matter your kind attention, I am Very truly yours, AKSjr: j i Arch Schoch, Jr. Enclosure rrroject tnreatens iocai wetiant. I am writing to alert your readers to the impending loss of one of the loveliest wet- lands in the Piedmont. The residents of the Piedmont will be given little opportunity to even hear that this bottomland hardwood forest will be filled in. Little opportunity will be given to mount an opposition. Six acres of wetlands are found in the vi- cinity of Aberdeen Road and Langdale Drive in High Point. Six acres of wetlands will be filled in to provide a ramp for the proposed U.S. 311 Bypass. This six-acre tract of land is considered significant wetlands under the Division of Environmental Management (DEM) guide- lines (possibly the highest rating for any wetlands in the Piedmont). If the highway Letter box ramp were moved to run along Aberdeen and extend to the utility right-of-way, this High Point gem could be preserved in- tact. DEM asked the Department of Trans- portation (DOT) to determine the cost and possibility of an alternative route for the ramp. DOT didn't bother to consider alter- natives. In addition, DOT was asked to do a second environmental assessment after DEM discovered the wetlands were significantly larger than the 2.04 acres DOT reported. These wetlands lie close to the Oak Hollow reservoir, which contains High Point's drinking supply. Wetlands are nature's filter. If the natural water filter is remov, upgrade to the water filtration planNn necessary, at an expense to taxpay High Point. Time is short. If we want to preservf wetlands in the middle of High Poi must act quickly. If you oppose filli; wetlands or, at least, want the altern considered, let your opinion be know deadline for public comment is Oct. Write to: N.C. Division of Environr Management, Office of Water Q Planning; P.O. Box 29535, Raleigh 27626-0535; Attention: John Dorney ANNE SA Winston- rn???5?,4 S'< S2????3>343i?5Ss it?3SSlSiSiS;i>"<?';?tSISt ?k 8 i2?.2't;2kiS"t?3.42>'t?i;rtt 2 2t,:?i>.Sh+RSfitR".?3??±t;F2Sp5.13K?r'tSiR f 5i2f2t??Z?t??S?St32S232S>3'1SiStf>S?S;?if2?3?ttf¢ciSY3u'c3?3?S2?Pf?52??33?i34tft¢ta?4?t3RY?2y?;o-CiSy?lSk{k??S4323f?G?'??3?tf'f??3Z3f;??c?Y• ?4?ftS?t3e?i! qr . I" /o za - q / .00 A4AI, U Gil ??_ . ? i? ???Y l •} -74 ?/ .s CAIRO ?o? cti9 19 45 ENVIRONMENTAL QUALITY 2 FE '<O???E o??aP?`O NORTH CAROLINA WILDLIFE FEDERATION 7,? 7' FjL e919 cr! ?. PC, 61 639 Bethany C-`.-'' Winston-Salem,N.C.27103 October 29,1991 John Dorney N.C. Division of Environmental Management Water Quality Planning P.O. Box 29535 Raleigh,N.C.27626-0535 Re: Certification To Fill 5.94 Acres Of Wetlands*For East Belt 311 There are waters in North Carolina, both fresh and saline, that have outstanding natural resource values, including excellent water quality and other unique and valuable natural characteristics. These areas have intrinsic values to all North Carolinians as long as they maintain their natural resource values, but they are continually threatened by uncontrolled development, sedimentation, illegal mining, wastewater and stormwater runoff. Many counties do not regulate the use of these lands, but there are regulations available to protect these waters through official designation as Outstanding Resource and High Quality Waters. The North Carolina Wildlife Federation supports the identification, nomination, and protection of Outstanding Resource and High Quality Waters and urges the state, through the Environmental Management Commission, to agressively pursue the protection of these valuable resources. The Federation urges the appropriate state agencies to follow the stricter interpretations of regulations when there is any question, to monitor the effectiveness of protective measures, and implement stricter measures where and when necessary to protect all of the special resource values of these waters. v T. R .N i o Won v v Director 7-A Copy to: Mr. Dale Mosteller N.C. Wildlife Federation-Western Vice President Route 4, Box WP2 Lincolnton,N.C.28092 printed on recycled paper T v m 1 ? O N 1 , ? m O r ? m v 0 ? a z x D a a m m 0 "? D z c m Z o c z -i m v v Z c a ?0 3 W W N Cl) 7C A T E:l A ` N 'O O W `m A 1 A A h < T CD o ?1 CL 5. N 7 O v CL 0 a c N V oo Z a CL !? A coy o m z z 0) om d 70?m m W m to o 3 x 0 m ? z v m rZ c A n ? c 22 m 0 v a? o oz Z 10 Z0 A m x m A o o a D N r m r i Z c W m x z 0 D Zs C T 3m a m m mm m r 0 Tm TV .+lJ m z O c m N z m < 70 E m O Z Z cn m n z o .--i 0 2: c m Z r Z = D o v v z m D Cl) ? = C m M "i r m Cn 010 a C m m n m c 0 7n 'r Mill- e d at er Ceti ,. Jackson J@ck bepde -? Lak y,c5yyamP +b edtfro k - }I?t h MiYtaatYon ? ApgTE/TIME: JanuarY.?7 t??:at 7:00 pm LpC`ATION:,Council ?Chamt?ers 'CIty? ' 21} S,Hamllton S' HI9h Pont ;?:N C ??PR` 'co ?. inrtht ^AJI#i 55.1,. -ttenc mattef4 at Coen t and .ofh,. for t. sub durin 'atfer., 1992Y, at tttkw, fmav Qf Jhetla o{fp sta Of writtga urcaAt t1a McMs : f r C N AUTtdO ITS 743 ,2Sa1h(Ifllcalo?n re9u)atit Wa DIvi '..?,. Ra `. r., ste v DN hWinsl 8Q2 ` yf ?:RtiAT L O' DA-6i¢TIME Jan4arv. 7;,1992 at 7100 pm. LOCA11614: Codncit Chambers !G 1 of"tti( Point"" - 211. S. Hamilton Street High Pak*, N[C: AUTHdRITY: . - N.C.G.S. '1143-IM30)(i) and (0: Water QQu?aality,'Cert iftcation regulations, YSA• NCP:C "0 A503. t! FCIRMYXTION 'Further expla- and, details of the' pro- eosed aCfion can beobtained'by , a o (ling: JMri b6rriev,"919-733 5063 + - a Wetlands antl Techhi-l Review i, " Water Qua1itv'P6nnin9 Division oFEnvlronmentai f9lanagenient P9: 13ox 29535 '-1251ei9h;:..N.C.' 27626-053$ "?v. $leve fdlaunev 919-361-2351 r VpafeT Quality Se?tIon Division. of Environrheh e tl _bnaOegtent yllrL46hlsplem Reatlonal Office 8025 Prnnt gNtl.; suite 100 ,Salem ' N.C. 27186 Dec 6. 1991 NORTH CAROLINA GUILFORD COUNTY AFFIDAVIT OF PUBLICATION Before the undersigned, a Notary Public of said County and State, duly commissioned, qualified, and authorized by law to administer oaths, personally appeared Carol F. Elliott, who being first duly sworn, deposes and says: that she is Advertising Billing Manager of THE HIGH POINT ENTERPRISE, INC. engaged in the publication of a newspaper known as THE HIGH POINT ENTERPRISE, published, issued, and entered as second class mail in the City of High Point in said County and State, that (she) is authorized to make this affidavit and sworn statement; that the notice or other legal advertisement, a true copy of which is attached hereto, was published in The High Point Enterprise on the following dates: ........................................................................... December 691991 .............................................................................................................. and that the said newspaper in which such notice, paper, docu- ment, or legal advertisement was published was, at the time of each and every such publication, a newspaper meeting all the re- quirements and qualifications of Section 1-597 of the General Statutes of North Carolina and was a qualified newspaper within the meaning of Section 1-597 of the General Statutes of North Carolina. This ..11 t h day of ..... D e.c e m b e.!" ..................... . 19 91............. ......................... hday Sworn to and subscribed before me, this ...11 t . of ............ Dece er19 91 ......., ............ ..................... . ......... ?. ?'? ... ..... . Notary Public My Commission expires ..... ..Y. Commission expires,1,.1.6- 6 C7:2 r. -t STATF STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION P.O. BOX 25201 RALEIGH 27611-5201 JAMES G. MARTIN GOVERNOR THOMAS J. HARRELSON SECRETARY February 28, 1991 District Engineer U.S. Army Corps of Engineers P.O. Box 1890 Wilmington, North Carolina 28402 ATTN: Regulatory Branch DIVISION OF HIGHWAYS WILLIAM G. MARLEY, JR., P.E. STATE HIGHWAY ADMINISTRATOR LO QUA'ITY P# SUBJ: U.S. 311 East Belt from west of High Point Reservoir to 2000 feet west of N.C. 68, Eastchester Drive, Forsyth - Guilford Counties (State Project No. 8.1570601, TIP # R-609D) Dear Sir: The North Carolina Department of Transportation proposes to build a U.S. 311 East Belt from west of High Point Reservoir to 2000 feet west of N.C. 68, Eastchester Drive, as part of the U.S. 311 bypass of the cities of High Point and Archdale in Forsyth and Guilford Counties (Figure 1). In the process, Hiatt Branch will be rechannelized or culverted in order to accommodate proposed improvements. A total of 2.04 acres of wetlands will be filled. However, 2.07 acres of wetlands adjacent to Hiatt Branch (Figure 2) will be acquired and protected against further development. Best Management Practices will be implemented during the project to minimize any potential impacts to sensitive wetland areas. All wetlands impacted by this project (except Site II) are less than one acre in size, are located above the headwaters, and have an average daily flow of less than 5.0 cubic feet per second (CFS). Site II impacts only 2.04 acres of wetlands. Based on the forgoing conditions, this Pre-discharge Notification persuant to the Corps Nationwide Permit 26 (33 CFR 330.5 (a) (26)) is submitted. At Site I (Figures 1, 3 and 4) 900 feet of lateral channel relocation of Hiatt Branch will be required. The stream at this location has an average daily flow of 2.3 cubic feet per second (CFS), while a smaller, unnamed tributary flows into Hiatt Branch at this point at 0.5 CFS. The volume of fill below ordinary high water (O.H.W.) is 1,296 cy for the entire site. An Equal Opportunity/Affirmative Action Employer U.S. Army Corps of Engineers February 28, 1991 Page 2 At Site II (Figures 1, 5 and 6) 300 feet of lateral channel relocation is necessary. Hiatt Branch still maintains an average daily flow of only 2.3 CFS at this point. Fill below O.H.W. at this site is 920 cy. Also at this site, 2.04 acres of bottomland hardwoods wetlands will be impacted due to roadway construction. As shown in the enclosed mitigation plan, mitigation for this impact will be accomplished by acquiring and protecting 2.07 acres of bottomland hardwoods along Hiatt Branch which are developing in two, non-hydric soil associations (Chewacla and Enon). The Chewacla soils contain hydric soil inclusions of the Wehadkee Association which will promote the development of hydrophytic vegetation. At Site III (Figures 1 and 7) an unnamed tributary to Oak Hollow Lake will be relocated laterally and placed in a reinforced concrete box culvert (RCBC). This stream flows at an average daily flow of 0.9 CFS at this location. The amount of fill below O.H.W. at this site is 241 cy. No wetlands other than the existing stream channel will be impacted by this action. Attached are the permit application and drawings depicting the proposed work at the three sites discussed above. By copy of this letter, we are also requesting that the Section 401 Water Quality Certificate be issued by the NC Department of Natural Resources and Community Development. If you require any further information, please contact Cynthia Bell of the NCDOT Planning and Environmental Unit at (919) 733-9770. Sincerely, L.R. q*'od h.D., PE Director, Programs, Policy and Budget cc: ./Mr. John Dorney, DEM, DEHNR Mr. Kelly Barger, PE, Project Management Unit Mr. Don Morton, PE, Design Services Mr. A.L. Hankins, PE, Hydraulics Mr. John Smith, PE, Structure Division Mr. Dennis Pipkin, PE, Environmental Unit Mr. N.L. Graf, PE, FHWA Mr. W.D. Johnson, Roadside Environmental Mr. J.W. Watkins, PE, Division 7 Engineer DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NC 26402-1890 SAW26-87- ATTN: CESAW-CO--E PRE-DISCHARGE NOTIFICATION FORM FOR NATIONWIDE PERMIT 26 NOTES: If Item A.7. (below) is 10 acres or more or if any of the conditions listed in Section B. (below) are not met, the applicant must submit an individual permit application. Please contact the Utstrict for forms and information. Applicant $a required to obtain a Section 401 Water quality Certification from the State of North Carolina for NWP 26 to be valid. This certification should be furnished with this pre-discharge notification. 1. NAME: Director, Programs, Policy and Budget PLEASE PRINT N.C. Department of Transportation - Division of Highways A. ATTN: Dr. L.R. Goode, PE 2. ADDRESS: P.O. Box 25201 a e g , 11C 27611 3. PHONE K;MBER (HOME): (WORK): (919) 733-2031 4. LOCATION OF PLANNED WORK: COUNTY: Forsyth-Guilford Counties SPECIFIC LOCATION (INCLUDE STREAM NAMES, ROAD NUMBERS ETC.): Hiatt Branch adjacent to Aberdeen Road, High Point, Nt S. DESCRIPTION OF PROPOSED WORK: Channel change of stream and fill of 2.04 acres of wetlands. 6. PURPOSE OF PROPOSED WORK: Construction of a new multi-lane highway as part of a bypass for the cities . 7. APPROXIMATE SIZE OF WATERS AND WETLANDS WHICH WILL BE LOST OR SUBSTANTIALLY ADVERSELY MODIFIED AS A RESULT OF THE PROPOSED WORK (EXPRESS IN TENTHS OF ACRES): 2.04 acres 8. INFORMATION THAT THE APPLICANT BELIEVE, IS APPROPRIATE: See cover letter and accompanying mitigation plan. Q. DO YOU HAVE KNOWLEDGE OF THE EXISTENCE OF ENDANGERED NEAR THE PROPOSED PROJECT AREA? .SVECIES ON OR YES ( ) NO (X] IF YES, INDICATE WHAT SPECIES. 10- DO YOU HAVE KNOWLEDGE OF HISTORIC PROPERTIES WHICH ARE LISTED OR DETERMINED ELIGIBLE FOR LISTING ON THE NATIONAL REGISTER PLACES TRAT OCCUR IN THE VICINITY OF THE P OF HISTORIC ROPOSED PROJECT ? YES ( ] NO (X) 11. WT.LL THE ACTIVITY INTERFERE. WITH NAVIGATION? YES ( ] NO [X] B: CONDITIONS. THE FOLLOWING CONDITIONS. MUST BE MET FOR THE ITS TO BE VALID (33 CF NATIONWIDE R 330.5-.6); 1. DISCHARGE OF DREDCED OR FILL MATERIAL WILL NOT OC FIX ET M NOT-r T CUR IN THE PROXIMITY OF A PUBLIC WATER SUPPLY INTAKE. 2. DISCHARGE OF DREDGED OR FILL MATERIAL WILL NOT OCCUR IN AREAS OF (X) ( ] CONCENTRATED SHELLFISH PRODUCTION UNLESS THE DISCHARGE IS DIRECTLY RELATED T O AN AUTHORIZED SHELLFISH HARVESTING ACTIVITY. 3. THE, ACTIVITY SHALL NOT SIGNIFICANTLY DISRUPT THE MOVEMENT OF THOSE [X] ( ] SPECIES OF AQUATIC LIFE INDIGENOUS TO THE WATERBODY (UNLESS THE PRIMARY PURPOSE OF THE FILL IS TO IMPOUND WATER);' 4- DISCHARGE OF DREDGED OR FILL MATERIAL SHALL CONSIST OF SUITABLE MATERIAL F (X] ( ] REE FROM TOXIC POLLUTANTS IN TOXIC AMOUNTS. 5- ANY STRUCTURE OR FILL AUTHORIZED SHALL BE PROPERLY (X] ( ] MAINTAINED. 6. THE ACTIVITY WILL NOT OCCUR IN A COMPONENT OF THE ( X] ( ] NATIONAL WILD AND SCENIC RIVER SYSTEM; NOR IN A RIVER CURRENTLY DESIGNATED BY CONGRESS AS A "STUDY RIVER" FOR POSSIBLE INCLUSION. 7. THE CONSTRUCTION OR OPERATION OF THE ACTIVITY WILL NOT IMPAIR RESERVED TRIBAL RIGHTS. ( ( ] t. • L ? . 3 C. KANACEMBNT PRACTICES. T11E FOLLOWING MANAGEMENT PRACTICES SHALL BE FOLLOWED TO THE MAXIMUM EXTENT PRACTICABLE. FAILURE TO COMPLY WITH THESE PRACTICES MAY BE CAUSE FOR REQUIRING AN INDIVIDUAL PERMIT. APPLICANT SHOULD PROVIDE, EXPLANATION FOR MANAGEMENT PRACTICES NOT MET. 1. DISCHARGE, OF DREDGED OR FILL MATERIAL INTO WATERS MET NOt l MET OF THE UNITED STATES SHALL BE AVOIDED OR MINIMIZED [X THROUGH THE USE OF OTHER PRACTICAL ALTERNATIVES. 12• DISCHARGES IN SPAWNING AREAS DURING SPAWNING N/A [ J ( J SEASONS SHALL BE AVOIDED. 3. DISCHARGES SHALL NOT RESTRICT OR IMPEDE. THE ` MOVEMENT OF AQUATIC SPECIES INDIGENOUS TO THE WATERS OR (XJ THE PASSAGE OF NORMAL OR EXPECTED HICH FLOWS OR CAUSE THE RELOCATION OF THE WATER (UNLESS THE PRIMARY PURPOSE OF THE FILL IS TO IMPOUND WATERS). 4. IF THE DISCHARGE CREATES AN IMPOUNDMENT OF WATER, N/A ADVERSE IMPACTS ON THE AQUATIC SYSTEM CAUSED BY THE ACCELERATED PASSAGE OF WATER AND/OR THE RESTRICTION OF ITS FLOW SHALL BE MINIMIZED. S. DISCHARGE, IN WETLAND AREAS SHALL BE AVOIDED. Purpose of ADN. Project has avoided wetlands to greatest extent prac(tcable. 6. HEAVY EQUIPMENT WORKING IN WETLANDS SHALL BE PLACED [ J [ J ON MATS. e N/A 7. DISCHARGES INTO BREEEDING AREAS FOR MIGRATORY WATERFOWL SHALL BE AVOIDED. N/A [ ( 1 8. ALL TEMPORARY FILLS SHALL BE REMOVED IN THEIR N/A [ [ J ENTIRETY. APPLICANT'S SIGNATURE DATE Dr. L.R. Goode, PE Director, Programs, Policy and Budget t S SUMMARY SITE I II III TOTAL FILL BELOW TOTAL FILL FILL IN WETLANDS O.H.W. 1,296 125,331 920 194,562 2.04 241 32,118 2,457 C.Y.1 352,011 C.Y. 1 2.04AC. i RIPARIAN LANDOWNERS High Point Board of Education Post Office Box 789 High Point, North Carolina 27261 Siceloff Oil and Coal Co. Post Office Box 327 High Point, North Carolina 27261 A. J. Tivada Post Office Box 5965 High Point, North Carolina 27262 B. M. Nixon 513 Aberdeen Road High Point , North Carolina 27260 W. R. McKinzie 1108 Glenwick Lane High Point, North Carolina 27262 D. G. Cedolia 603 S hadybrook Road High Point, North Carolina 27260 J. E. Isley 608 S hadybrook Road High Point, North Carolina 27260 Charle s Lohmeyer 3808 West Field Street High P oint, North Carolina 27260 D. 0. Shumate 610 Shadybrook Road High Point, North Carolian 27260 City of High Point Attn: R. U. Moss 211 South Hamilton Street High Point, North Carolina 27260 M. T. Wiggs 3306 Hillside Drive High Point, North Carolina 27260 S. C. Nooe 3304 Hillside Drive High Point, North Carolina 27260 H. P. Stinson 2881 HWY 66 South Kernersville, North Carloina 27284 W. A. Brown 3701 Rolling Road High Point, North Carolina 27260 R. S. Sharpless 3810 West Field Drive High Point, North Carolina* 27260 C. J. Misiaveg 606 Shadybrook Road High Point, North Carolina 27260 1 WETLAND LITIGATION PLAN NCDOT Project R-6091), Guilford-Forsyth Counties US 311 Eastbelt from West of High Point Reservoir to 2000' west of N.C. 68, Eastchester Drive February 28, 1991 1. Type of wetlands impacted: Bottomland hardwoods. 2. Acreage of area impacted: 2.04 acres of bottomland hardwoods. 3. Type of mitigation: Acquisition and protection, on-site, in-kind of 2.07 acres for 2.04 acres of bottomland hardwoods impacts at Site II. 4. Acreage of mitigation: 2.07 5. Location of mitigation site: See Figures 1 and 2 6. The proposed mitigation measures for the selected alternative will result in acquiring and protecting 2.07 acres of wooded property currently owned by the High Point City Board of Education. The site is located south of Aberdeen Road and is bordered by an underground oil pipeline right-of-way positioned northwest of the mitigation area. The impacted wetlands consist of 2.04 acres of bottomland hardwoods adjacent to Hiatt Branch (Figure 2). Grading is not required within the mitigation site. 7. Approximately 1200 feet of Hiatt Branch will be relocated laterally on the stream segment immediately upstream and downstream from the proposed mitigation site as shown at Figures 3 through 6. This is an increase from the initially proposed 600-foot channel change and is to be considered as a refinement in design. This design change, as part of the entire scope of project impacts, is adequately covered in the mitigation plan. The lateral "Y" ditches and the reinforced concrete box culvert which will channel storm runoff are illustrated at Figures 3 through 6. The segment of Hiatt Branch within the mitigation site will not require rechanneling, however, slight modifications will be required to prevent channel erosion. Additional reinforcement, in the form of rip rap, will be placed on the outer bank of the stream bend where the channel change reverts to the natural stream bed. r 8. The two soil associations located within the proposed mitigation site are the Enon fine sandy loam (10 to 15 percent slopes) and the Chewacla sandy loam. Both soil associations are not listed as hydric soils, however, small inclusions of the Wehadkee (hydric soil) association are found in the Chewacla soils. The soils on either side of Hiatt Branch are conducive to the continued growth of naturally occurring hydrophytic vegetation. A secondary source of hydrology for the soils located north of Hiatt Branch is a two-foot wide stream which flows from the vicinity of Aberdeen Road. This small stream, which carries drainage from the private properties located between Langdale Drive and Imperial Drive, has created some soil erosion within the mitigation site, especially during storm events. At least two water turnouts will be formed on this stream bed to carry water into undisturbed areas of the mitigation site thereby dissipating the water velocity and flow. 9. The wa er turnouts will intersect the stream bed at the same depth, and should be 30 to 450 down slope. The turnouts will not empty directly into Hiatt Branch. It is necessary that these turnouts be inspected immediately following `significant rain events to evaluate their effectiveness. The turnouts should cause the non-hydric Enon soils to slowly revert to an anaerobic condition as a result of increased saturation. 10. The two stream culverts located below Hillside Drive will be cleared of sand and debris. Maximum water flow through these culverts is reduced by 50% as a result of this obstruction. Removal of the Hiatt Branch stream-bottom sediment for a distance of 150 feet immediately upstream and downstream of the box culvert must be accomplished as a method of decreasing the sedimentation rate within the culvert. The side slopes immediately upstream of the culvert need not be excavated as they are supported by rip rap and rooted vegetation. SCALE _ GUILFORD N ' COUNTY NORTH CAROLINA O E MATCH LINE E nrs ::.. L- ev .llp ??.?.,-.-...:"'::;;;;,.>i.:.>r>•,:`S ? --?'t.......1. ... :.-........ - X :% ?. .. ...........:...:...::,moo»...:::.:..? ?`: 1241 BEGIN PROJECT HIGH? RESERVOIR SITE X SITE I .SITE.I, END PROJECT S,It -7 10 Mmd 222000 StxE OF wUS _ I 10 10 20 30 'n`: asp ' -- - VICINITY MAPS ? D `?, r? - 0 R Ker SYI le '- o _ _ C N • l21 !rr 4`Gyilt?eN u-.?s e,osvi1 tyG6som,'l 11 relle rT ' - - 70 Sedalia 2 .1 , oer. 6 ??? I 31! New )) 1 22 to wtwitsel At, . ede°f1e ^ t h n STATE PPC'JECT nnne nirnin a a? Hig oin r.ay .. ,S OA 29A ' s Pte „°? Garden 23 2 J0 610 ae S ` 2 l2l Kim ill 8-1570601 ,tiane?e . •. ? ` 2? ? lenola I erel Cross ? ?7 R? % a ?s{311 48 s tzae 1 Li r r _ ' ? 120 wa?.ee?vilie Crays Cn,o Staley N.C. DEPT. OF TRANSPORTATION R A N D 0 L ` P ? 1'H 1`CIE,r F,.Wi "" 12 DIVISION OF HIGHWAYS r F,u: a R,m:ev 16 FORSYTH-GUILFORD COUNTIES \ d = 2 iskebor19 PROJECT 8.1570601 R-609D ;Kai«'? { = F, mer . 220 s .sum n PROPOSED CHANNEL CHANGE AND s is I u ?°'" BOX CULVERT AT HIATT BRANCH fN1a Quarry Den Craven H.Iine Spy es U UW RRI r1 ?•c teO'°,"d 2 ? i yew a Gs..... 7 FIGURE 1 1 UNIMPACTED WETLAND (1.21 ACRES) PROPOSED U.S. 311 -- IMPACTED WETLAND _ (2.04 ACRES) i CONSTRUCTION i LIMITS i 1 1 HYATT BRANCH CHANN?L CHANGE tip? PR POSED RIGHT OF WAY L..tQbALE DRtvE 11 ? -EXISTING ABERDEEN ?I ROAD PROPOSED WETLAND MITIGATION AREA (2.07ACRES) ::.? , Aa r AD. CHANNEL CHANGE (O-19 ACRES) _t P RIAL DRIVE i l , 1 MITIGATION SITE \ FIGURE 2 f . i M M I I W ( I ? H Z LtJ o ' ? cn 0 + m .7 N 3 ¢t 4 o w ?_ r o c r r- a °ca a °` LLJ ZE O O r ?. ' W w a a t _j w LL. i ? N Q i ..i N U - l i i i N.C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS FORSYTH-GUILFORD COUNTIES I I PROTECT 8.1570601 R-6097D PROPOSED CHANNEL CHANGE AND O O 00 0 BOX CULVERT AT HIATT BRANCH ? 4. air I? W ; ?5 - f ? f f f f 3 uui ( tl 0. ° J 1 _ z t C_ u ? V 1 w t f _o 1 tie o ? o u l Z 1 -t- V V I V Z { V { zo w = 'I 'PCac ? I 1 1 I d { oL 1 . ? I AT?H L N ?-, 75 W .V oL n{ 8 a Jt. f N.C. DOT 7o (h v SITE I ? DENUTE5 FILL BELOW OH. W. I0 5D/?' 5CALE rm Ql i ? V 1 . r Q f . 44 r K f . N. C. :DEPT.., OF TRANSPORTATION DIVISION OF HIGHWAYS FORSYTH-GUILFORD COUNTIES PROJECT 8.1570601 R-609D PROPOSED CHANNEL CHANGE AND .BOX CULVERT AT HIATT BRANCH FIGURE 1 HIGH POINT •? CITY ; } BOARD OF EDUCATION • / ? 4 r Z / c, /1!O I r r4 I I 1 I I I 1 Z / 1 V /4 J 1 lU 1 2 r _ r U r r r. r I 1 1 1 1 1 j 1 Lf- MATCH LINE VC1 L'ME OF FILL BELOW QKW 129G cr AVERAGE .DAILY FLOW'' HIATT BRANCH 2.3CF5 TRIEUTARY TO' HIATT BRANCH a5cFS . TOTAL . FILL IZ5,331CY o so loo. SITE I SCALE DENOTES FILL BELOW QHW W IJI A am 1 I 1 I 1 ' I 1 1 I y` G? I 1 I I I I ?I 1 I 1 I r r r r - r r 1 r r I 1 1 1 1 1 I i i I I I I 1 I 1 I 1 1 1 I i` i 1 1 1 1 1 1 1 14 I 1 1 1 1 1 I 1 i r I Ir t 1 1 i I 1 14 1 1 1 1 1 1 I r ?l 1 11 110) N.C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS FORSYTH-GUILFORD COUNTIES PROJECT 8.1570601 R-609 PROPOSED CHANNEL CHANGE AND BOX CULVERT AT HIATT BRANCH FIGURE 4 FIGURE 5 FIGURE 6 I o O ? N p l co ( co I CD I \ Ld \ t7 \ .1 ? O ? ` CIO + .? ?. o ?- 1L, ? J ? W Ld <z ? J v1 v 1 ? ? J V1 ' Q Q N v I a W p d O ?. > to ' r Is N w o N D C) Z CC am N:C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS I I FORSYTH-GUILFORD COUNTIES PROJECT 8.1570601 R-609 PROPOSED CHANNEL CHANGE AND BOX CULVERT AT HIATT BRANCH 5 I I ? ¢ I ? ' O 110 f3' W/Z fl! w3 1 - 1 N O k? Q ? 1 i i Y? 1 z'• ' I ?o I ??sl m < I J W Na I >'v 92 ?cc 1 h f i I ocH V j ?m? i ?R, I I ''9 w i ? ? J t I I I t r S-9 1 I 2 -? IE I ? 1 1 1 , I ? c_ Cl- I - e ?p // // •?? 105 i <M •1 u FELL BELOW D.H.W. 741crf AVERAGE DAILY FLOW 0.9 cF5 N. C. DEPT. OF TRANSPORTATION TOTAL F1LL_ 32,118 w DIVISION OF HIGHWAYS FORSYTH-GUILFORD COUNTIES SITE II[ PROJECT 8.1570601 R-609D ° "°° SCALE PROPOSED CHANNEL CHANGE AND CENOTE F.L BELOW 0H.w BOX CULVERT AT HIATT BRANCH FIGURE 7 O c\j O O co I co I cjD I \ 1 ' 1, . 1 L / S Q + ? 3 m o o ca ?L U 1,nL U ui ( N? O EK Ld co a to r? z a w a u 1 ? O Q N f- cc (x Z > t Z O ¢w a ac m ow aW N.C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS I ( FORSYTH-GUILFORD COUNTIES PROJECT 8.1570601 R-6097 0 PROPOSED CHANNEL CHANGE AND BOX CULVERT AT HIATT BRANCH M ST State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor George T. Everett, Ph.D. William W. Cobey, Jr., Secretary Director Regional Offices Certified Mail Asheville Return Receipt Requested 704/251-6208 Fayetteville Mr. B. J. O' Quinn 919/486-1541 Assistant Manager Planning and Environmental Branch Mooresville 704/663-1699 N.C. Department of Transportation Post Office Box 25201 Raleigh Raleigh, North Carolina 27611-5201 919!733-2314 Washington Dear Mr. O' Quinn : 919/946-6481 Wilmington Project: US 311 East Belt, High Point 919/395-3900 Guilford County Winston-Salem 919/896-7007 This letter is DEM's official notification following 15A NCAC2H .0503 to N. C. DOT of a public hearing to be held concerning wetland fills and water quality impacts for the US 311 East Belt project in High Point. I received your 5 December 1991 letter concerning Ramp D impacts. If we have additional questions about the project, we will be in contact with you. Thank you for. DOT's agreement to discuss the design of the project at the public hearing. I will contact Cyndi Bell regarding DOTS presentation soon. JRD/kls O'Quinn.ltr/D-8 cc: Water Quality, WSRO Central Files Steve Tedder Sincerely, n R 3. Forney RO. Box 29535, Raleigh, North Carolina 27026-0535 Telephone 919 733 7015 / P011ution Prevention hays An Ggnal Oppuntmity Atim-ti- Acti-, hn,pLrycr 4 , ' • ! N . c' F.NV nnNNEr AL KMGEWT C(' USSICA NOTICE OF PUBLIC HEARING FOR 401 WATER QUALITY CERTIFICATR K, US 311 EAST BELT, A.C. DEPARTMET OF TRANSPORTATRA, GUILFORD COUNTY Notice is hereby given of a public hearing to be held by the N.C. Department of Environment, Health and Natural Resources on behalf of the Environmental Management Codfssicm concerning a 401 Water Quality certification for wetland fill. A 401 Certification is required by the Federal stater pollution Control Act and certifies that all appropriate state water quality standards will be met by the proposed action. PURPOSE: The N.C. Department of Transportation (DOT) has applied to the N.C. Division of Environmental Management for a 401 Certification to fill 5.94 acres of wetlands on Hiatt (Hyatt) Branch which is a tributary of Oak Hollow Lake, a water supply reservoir of the City of High Paint. The U.S. 311 East Belt would be a relocation of the existing U.S. 311 which passes through the central business districts of High Point and Archdale. A Final Environmental Lspact Statement on this road was approved on July 12, 1988. The N.C. DOT has proposed to mitigate for this impact at a 1:1 acreage ratio by restoring and creating wetlaa3s at several locations on Hiatt Branch and at the Jackson Lake bed on Jackson Lake Road. In addition, 0.64 acres of wetlands would be debited from the Company Scamp Kitigation Bank. DATEITIME: January 7, 1992 at 7:00 pm LOCATION. Council CaWpn City of High Point 211 S. Hamilton Street High Point, N.C. COMMENT All persons interested in this matter are invited to attend. Comments, statements, PROCEDURES data and other information may be submitted in writing prior to, during or within thirty (30) days after the hearing (by Feb. 6, 1992) or maybe presented orally at the hearing. Oral statements may be limited at the discretion of the hearing officer. Submittal of written copies of oral statements is encouraged. AVMRITY: N.C.G.S. 143-215.3(x)(1) and (c). Water Quality Certification regulations. 15A NCAC 2H .0503. INFOMTION: Farther explanation and details of the proposed action can be obtained by writing or calling: John Dorney, 919-733-5083 Wetlands and Technical Review Water Quality Planning Division of Environmental Management P.O. Box 29535 Raleigh, N.C. 27626-0535 or Steve Mauney, 919-761-2351 Water Quality Section Division of Environmental Management Winston-Salem Regional Office 8025 xorth Point Blvd, Suite 100 Kinston-Salem, N.C. 27106 pubnot.311/d-2 P 753 681 407 Certified Mail Receipt No Insurance Coverage Provided Do not use for International Mail UNITEDSTRTES (See Reverse) VOST?LSERVICE Sent to Mr. B.J. O' inn Street & No. NC Dot P.O., State & ZIP Code Box 25201 Raleigh 27611 Postage Is Certified Fee Special Delivery Fee Restricted Delivery Fee O Return Receipt Showing p? to Whom & Date Delivered Return Receipt Showing to Whom, ?. Date, & Address of Delivery c TOTAL Postage p & Fees co Postmark or Date M E (asaanat/) 066L aunt '008£ waOd Sd C N O ?= E ? y z p E? tU N m r al. a01i W" Es ` O t O `mW O « G ry O m Y N . L_ o Ol W Q W G? 3 ? 'OO L Of 9 O U_ A N ? p . .. ° O O d W _ c O ?i a U - c ea E A E N O E y c r O a0 w M a C7 N co S < L .?'Z E m C C ? a ? ? -O Lo' E H ? C7 O N a = Y N j, _ to O r y t0 -O O O _d O LL o E W m A a E O p W~ N N O E Y E y E O V c m A r N «: tV O yVj ? O _ U d C? 'C O O C ? ._ V w W ,y E Eia ? m - o? 'iaw cn E oc ns oU Z` J =- .2 ? ? N YY E d N C d ° h d °a A v C LQ z d Y? 2 w °? ?? y ma m Y y U y y y- tZ. ? ' c O U YE Q LL F yyj L N N !b C U t " O A X G N t C. C O. N O E O a 1? Yd ° O.L y v'ONN ?? d Or" ?p °tOU ?a °'??0 c0 mom' y Cl) Q W 96 W O _ C " " C d A U 3 L ?+ > e ?d > V d Y Q ?' t0 Y . °' Y ._ r E Nic •? 15S. W a LL O r. t` T C ~ O N ] w >' E Cu C C G UA N w O (n G7 ?--a NN aidd? vN ui2 <6 Aax k?m 0 3 -+ r T o Z? 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Dept. of Environment, Health, and Natural Resources IMPORTANT To 6 - Date I Z I Z Time 3 3 WHILE YOU WERE OUT M _Cys/01 of AREA CODE NUMBER EXTENSION TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL Message `- 7 \AJ) Signed N.C. Dept. of Environment, Health, and Natural Resources ??3 Printed on Recycled Paper Opp p. :r: ""+6n -r m0 007 a,mC n -t 7 ?3 ?? O c??mooo? aR w?? .Q"? mo O'R A ¢? C."'?ep? Zi7O Amt m '? ?- O c! 0 C: En C m yRt?= m oc 5x? m x ~? Z a' o ? x m fit? p C. r. 0 O e0 p w ?t A O_ `s G1 O p ? E. O O " a C2 O G X .,tII ?O?'?: O n? c? n c?.a N cQ-' ??nR IT ?c"??p VL 3 CL r- r- =m -a n7- D a F5 a G% r' ?' v p A u O U r. p p f CD .00 CL X :P7 o < Ei 4, RRU x. c; a V 3 fD z 0- RL via 0--, cc ti -. m O - `? n cr p c ?R.' ? r •-. ^. O CST- ? ? ? 1 ? cc FD cr T cr r m 2 ? ? • OG R r O ` - -- -i c 7; C- lot 10 ?v < r ^ R a ^ 2r. -0 1 x r J -?%r r zei L2' ? Al fD ^ A C? to y O Q? ti r. ?.. -. ? 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SUBJECT: Guilford County: Hiatt Branch (DOT Proj. # 8.1570601) Where are the wetlands? Initially, I misread the soils map (attachment) and thought that "Wk" meant Wehadkee, rather than Wilkes. The skunk cabbage patch was smaller than I expected (marked on attachment by orange-yellow dot), seems to be separated by a levee from Hiatt Branch, and probably should be considered a Chewacla inclusion in the Enon unit. Whatever the case, I am attaching a rapidly prepared species list from this one site. The nearby pipeline construction has resulted in a canyon with water in the bottom, but this may be affecting the hydrology of a considerably large area. I found nothing rare, and considering the level of existing and on-going disturbance (horse trails, dirt bike trails, pipelines, residential debris, etc.) it's difficult for me to see much significance here from a biological point of View. Go after the minnows. See if the fisheries boys can't find a danged darter or something. I P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2302 An Equal Opportunity Affirmative Action Employer i'mw PLANT SPECIES FROM HIATT BRANCH SKUNK. CABBAGE PATCH, GUILFORD CO. June 15, 1991 Scientific Name NWI Wetness Code (1=Obl. 2=FACW. etc. Acer rubrum 3 (or 1?) Agrimonia parviflora 3 Alnus serrulata 2 Api os aineri Cana 2 Betula nigra 2 Boehmeria cylindrica 2 Carex crinita 2 Carex lupulina 1 Carex rosea unlisted Carex squarrosa 2 Cicuta maculata 1 Corylus americana 4 Eupatoriadelphus purpureus 3 Geum virginianum 2 Glyceria striata 1 Ligustrum sinense 3 Liquidambar styraciflua 3 Lonicera japonica 3 Onoclea sensibilis 2 Parthenocissus quinquefolia 3 Rosa sp. - Sambucus canadensis 2 Symplocarpus foetidus 1 Toxicodendron radicans 3 OCT 1991 F(¢ _, 4013 Fargo Drive Winston-Salem, NC V iR* t? 27106 October 22, 1991 Mr. John Dorney N.C. Division of Environmental Management Water Quality Planning Post Office Box 29535 Raleigh, NC 27626-0535 Dear Mr. Dorney: I am writing to you with regards to the filling of 5.94 acres of wetlands for East Belt, U.S. 311. I strongly oppose the filling of wetlands that D. E. M. considered to be significant wetlands. From visiting the site, I have seen its importance and natural beauty. I also noticed spikes showing the route of "ramp D". I can see that an alternative to filling the wetlands exists close at hand and would like to see it considered. That alternative is running the "ramp D" along Aberdeen and extending it to the utility right-of-way. In this way, wetlands impacts would be minimized. The integrity of the 11 acres of wetlands would be lost with the proposed route. It is not possible to dissect wetlands and still have a quality wetlands remaining. Therefore, with all wetland mitigation, D. E. M. must not allow a 1:1 (mitigation: fill) but rather a higher ratio, depending on the significance of the wetlands and the sensitivity of the watershed. I would strongly urge a public hearing be called to allow the public to further respond to the destruction of the wetlands. I do not feel that adequate opportunity has been allowed for public response. The public notice appeared in one newspaper for one day and in legal wording that made it unlikely for many to see it. I would ask that future public notices, such as the notice of the public hearing I request, be advertised in all three of the major piedmont cities' newspapers (Greensboro News and Record, High Point Enterprise and Winston-Salem Journal) because this issue is a piedmont issue not just a county issue. The length of time that the notice be run, should be two or three days (including at least, one week day and one weekend day). Finally, the public notice should include wording that is easily understandable, in order to encourage favorable meeting turnout. I understand that D.O.T. intends to purchase the entire eleven acres of wetlands. A small portion of what will remain unimpacted (even if the ramp goes in as proposed) belongs to a board of education (public ownership). The board of education . land is too small in their hands. D. Once again, I and urge you call discussion. Yours truly, Anne Samiec to build upon and will be adequately protected O. T. should not use this land for mitigation. strongly oppose the filling of the wetlands a public meeting on the subject to allow more -- - / 5s - a O l ? C YLAD Salt qa b "? a6c,4? kwo, cli ov;m l? ? >? - ,., ?? , ii ` , _ i 4, ? , I I _ ? i ;? ij . ;. ?? :. ?? ?'? 'I _, ... - ,: f.- . _ .. _, i; j, i ?? l i? 1? _ _ . _ _ ? i 1 _ ? ? ,i {i ,, ?; L ; !i i_ I '` ?,f ,l L?._ 1 II , i' ?? _ _ j _ __ _ . _ 1 ?{ ? 1 --- i . - _ {.?_ ?? !? ? ?` ? I i j I? i t- 1' '. L?_ -, _ ?? - ? j= . tiF= - State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor William W. Cobey, Jr., Secretary Regional Offices December 2, 1991 Asheville 704/251-6208 Fayetteville Classified Ads 919/486-1541 Greensboro News and Record Mooresville P. O. Box 2 0 8 4 8 704/663-1699 Greensboro, N.C. 27420 Raleigh Dear Editor: 919/733-2314 George T Everett, Ph.D. Director Washington 919/946-6481 Attached is one copy of a Public Notice relating to a Wilmington public hearing scheduled to be held by the North Carolina 919/395-39W Department of Environment, Health and Natural Resources on behalf of the Environmental Management Commission in High Winston-Salem Point, North Carolina. It is requested that 919/896-7007 . you publish the Notice in one weekday issue of your paper on or prior to December 6, 1991. Publication charges will be paid by this office upon receipt of your invoice and affidavit and proof of publication. Please send the invoice in triplicate and affidavit in duplicate to the undersigned. Sincerely yours, v n R. Dorney Wetlands and T nical Review Attachment cc: Water Quality, DEM Winston-Salem Regional Office David Franklin, COE - Wilmington P.O Box 29535, PUcigh, North Carolina 27626-0535 Iclephone 919-733-7015 / Pollution Prevention Pay. An I.q-l Opp„rwnnv AHin....u - Action F ploycr . . • N . 0 F.NVIRONMFu"ITAL MANAGEMENT COMMISSION NOTICE OF PUBLIC HEARING FOR 401 WATER QUALITY CERTIFICATION, US 311 EAST BELT, N.C. DEPARTMENT OF 'T'RANSPORTATION, GUILFORD COUNTY Notice is hereby given of a public hearing to be held by the N.C. Department of Environment, Health and Natural Resources on behalf of the Environmental Management Commission concerning a 401 Water Quality Certification for wetland fill. B 401 Certification is required by the Federal Water Pollution Control Act and certifies that all appropriate state water quality standards will be met by the proposed action. PURPOSE: The N.C. Department of Transportation (DOFF) has applied to the N.C. Division of Environmental Management for a 401 Certification to fill 5.94 acres of wetlands on Hiatt (Hyatt) Branch which is a tributary of Oak Hollow Lake, a water supply reservoir of the City of High Point. The U.S. 311 East Belt would be a relocation of the existing U.S. 311 which passes through the central business districts of High Point and Archdale. A Final Environmental Impact Statement on this road was approved on July 12, 1988. The N.C. DOT has proposed to mitigate for this impact at a 1:1 acreage ratio by restoring and creating wetlands at several locations on Hiatt Branch and at the Jackson Lake bed on Jackson Lake Road. In addition, 0.64 acres of wetlands would be debited.from the Company Swamp Mitigation Bank. DA TIME: January 7, 1992 at 7:00 pm LOCATION: Council Chambers City of High Point 211 S. Hamilton Street High Point, N.C. COMMENT All persons interested in this matter are invited to attend. Comments, statements, PROCEDURES data and other information may be submitted in writing prior to, during or within thirty (30) days after the hearing (by Feb. 6, 1992) or may be presented orally at the hearing. Oral statements may be limited at the discretion of the hearing officer. Submittal of written copies of oral statements is encouraged. AUTHORITY: N.C.G.S. 143-215.3(a)(1) and (c). Water Quality Certification regulations. 15A NCAC 2H .0503. INFORMATION: Further explanation and details of the proposed action can be obtained by writing or calling: John Dorney, 919-733-5083 Wetlands and Technical Review Water Quality Planning Division of Environmental Management. P.O. Box 29535 Raleigh, N.C. 27626-0535 or Steve Mauney, 919-761-2351 Water Quality Section Division of Environmental Management Winston-Salem Regional Office 8025 North Point Blvd, Suite 100 Winston-Salem, N.C. 27106 pubnot.311/d-2 / IMPORTANT To _ Date b l Time lb4y \ _W. HILE YO WERE OUT M of Phone AREA CODE NUMBER ' TENSION TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL N.C. Dept. of Environment, Health, and Natural Resources ?v ? Printed on Recycled Paper ar,. JaIlleVC?QI' ;aw North Carolina Department of Environment, Health, and Natural Resources Release: Immediate Date: December 3, 1991 Contact: Debbie Crane or Jim Sheppard (919) 733-7015 Distribution: targeted HEARING SET ON PROPOSED FILLING OF WETLANDS RALEIGH---The N.C. Environmental Management Commission will hold a public hearing January 7, 1992, on proposed filling of wetlands in Guilford County. The N.C. Department of Transportation proposes filling 5.94 acres of wetlands on Hiatt Branch in order to build the U.S. 311 East Belt around the City of High Point. Hiatt Branch is a tributary of Oak Hollow Lake, which is a water supply reservoir for High Point. This is the first hearing ever held by the EMC on a proposed 401 certification to fill wetlands. NC DOT plans to mitigate the wetlands fill by restoring and creating wetlands at several locations on Hiatt Branch and at the Jackson Lake bed. The public hearing will be held in the High Point City Council Chambers, 211 South Hamilton Street, at 7 p.m, on January 7. Written Comments will be accepted through February 6 and should be addressed to John Dorney, Wetlands and Technical Review, Water Quality Planning, Division of Environmental Management, P.O. Box 29535, Raleigh, NC 27626-0535. ######## Public Affairs Office Don Follmer P.O. Box 27687, Raleigh, N.C. 27611 Director, Office of Public Affairs (919) 733-4984 - FAX # (919) 733-0513 An Foual Oooortunity / Affirmative Action Emplover l? ?- sr State of North Carolina Department of Environment, Health/ and Natural Resources Division of Environmental Management to zali?bur 7 Srrc?:?t & Ral,68h, North Carolina ? F0-41 December 2, 1991 George T Everett, Ph.D. Direc-o; nal0 1Ilr June Stackhouse 100 Westwood Avenue High Point, North Carolina 27262 ".?le??=h . L; Dear Ms. Stackhouse: 91W946 6481 You had written us about your concerns. regarding the proposed 401 certification to fill wetlands for the U.S. 311 East Belt. We want to let you know that we will hold a ?.I9- i95-39iX> public hearing on that proposal on January 7, 1992 at 7 p.m. 11"instunSalem in the High Point City Council Chambers at 211 South Hamilton Street. Written comments will be accepted through February 6; 1992. Requests for further details or written comments should be addressed to John Dorney, (919) 733-5083, Wetlands and Technical Review, Water Quality Planning, Division of Environmental Management, P.O. Box 29535, Raleigh NC 27626-0535. Feel free to call me as well. Sincerely, Debbie Crane Public Information Officer i'(i 2 +5 h F , h::nc CI - ;.701 lJolluti,m I`c'.rn n N:,.. s °A State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor George T Everett, Ph.D. William W. Cobey, Jr., Secretary December 2, 1991 Director Regional Office, Asheville 744251-6208 faverteville 919486.1541 Evelyn P. Blair ?loorec ille 603 Gatewood Avenue 744663-1699 High Point,.North Carolina 27262 Raleigh Dear Ms. Blair: 919 33-2314 Washington You had written us about your 919946-6481 proposed 401 certification to fill Wilmington East Belt. We want to let you know 919395-3900 public hearing on that proposal on V'irnton-Salem in the High Point City Council Chai 919896.7007 Hamilton Street. concerns regarding the wetlands for the U.S. 311 that we will hold a January 7, 1992 at 7 p.m. nbers at 211 South written comments will be accepted through February 6, 1992. Requests for further details or written comments should be addressed to John Dorney, (919) 733-5083, Wetlands and Technical Review, Water Quality Planning, Division of Environmental Management, P.O. Box 29535, Raleigh NC 27626-0535. Feel free to call me as well. Sincerely,, Debbie Crane Public Information Officer P.O. Box 29535, Raleigh, North Carolina 278_'6-053? telephone 919-733-7015 Pollution Prevention Pav. An Equal Opport_: yin =mrmauvr Aci,;n Lmpluvrr State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street 0 Raleigh, North Carolina 27604 James G. Martin, Governor William W. Cobey, Jr., Secretary December 2, 1991 Rep4onal 01fice, .Asheville 7(14/251-6208 Fayette% i Ile 919/486-i 541 Moores, ille 704;663-1699 Raleigh 919/77 33 2314 Cheryl Lawson 211 Brinkley Place High Point, North Carolina 27265 Dear Ms. Lawson: George T. Everett, Ph.D. Director Washin on 9i9/946-481 You had written us about your concerns regarding the Vilmin_un proposed 401 certification to fill wetlands for the U.S. 311 "`'"39-`-39x East Belt. We want to let you know that we will hold a Wintt:.^ -ale,, public hearing on that proposal on January 7, 1992 at 7 p.m. 919/890-700 in the High Point City Council Chambers at 211 South Hamilton Street. Written comments will be accepted through February 6, 1992. Requests for further details or written comments should be addressed to John Dorney, (919) 733-5083, Wetlands and Technical Review, Water Quality Planning, Division of Environmental Management, P.O. Box 29535, Raleigh NC 27626-0535. Feel free to call me as well. Sincerely, n?;f" ?A.2? Crane Public Information Officer P.O_ Box 29535, 161eigh. No. -In. (-?Tl)hna 27ti2ti-0? ? Telephone 919-7,3-70U : Polluuvn.Prcvenrion Pay, An Equal ( )ppum,elrc -Atlirm::nvc Aaiun Empluver STA State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G..\lartin, Governor William \V Cobey, Jr., Secretary December 2, 1991 Regional otr:ce' Asheville 704/251-6208 George T Everett, Ph.D. Director Fayetteville 919/486-1541 Mooresville Bob & Elizabeth Conner 704/663-1699 1405 Emerywood Drive Raleigh High Point, North Carolina 27262 919/733-2314 Dear Mr. & Mrs. Conner: Washington 919/946-64 81 You had written us about your concerns regarding the Wilmington proposed 401 certification to fill wetlands for the U.S. 311 919/3953`'°° East Belt. We want to let you know that we will hold a Winston-Salem public hearing on that proposal on January 7, 1992 at 7 p.m. 919i89677 in the High Point City Council Chambers at 211 South Hamilton Street. Written comments will be accepted through February 6, 1992. Requests for further details or written comments should be addressed to John Dorney, (919) 733-5083, Wetlands and Technical Review, Water Quality Planning, Division of Environmental Management, P.O. Box 29535, Raleigh NC 27626-0535. Feel free to call me as well. Sincerely, Debbie Crane Public Information Officer PC). Box 29535 I:?aleigh. North Carolina 27626-0 35 lelephome 91y-73-7015 P011u6011 Prevention Pa- An Fqual Opporttmkv aninnativc Action 1 vnplovcr State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. iIMartin, Governor William W. Cobey, Jr., Secretary December 2, 1991 Re,6onal Once, ashe, iIle 704; 2:1-620 Fayetteville 919%486-1541 Moorewille 704/663-1699 Raleigh 919;733-2314 Suzanne W. Silver 1073 Sweetbriar Road High Point, North Carolina 27262 Dear Ms. Silver: George T Everett, Ph.D. Director Washington 919945-6481 You had written us about your concerns regarding the Wilmington proposed 401 certification to fill wetlands for the U.S. 311 919395-3900 East Belt. We want to let you know that we will hold a \?'in,ton-sale,, public hearing on that proposal on January 7, 1992 at 7 p.m. 919-895-7007 in the High Point City Council Chambers at 211 South Hamilton Street. Written comments will be accepted through February 6, 1992. Requests for further details or written comments should be addressed to John Dorney, (919) 733-5083, Wetlands and Technical Review, Water Quality Planning, Division of Environmental Management, P.O. Box 29535, Raleigh NC 27626-0535. Feel free to call me as well. Sincerely,/ Debbie Crane Public Information Officer PC). Box 29535, R.ileigh, North Carolina 2 626-053 ? T?I-? wne 91) -33-7015 Pollution Prevention Piv, An Lqual Op, tinip nz:-.r .k:,o-. Lrnnlover State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management - 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. JMartin, Governor George T Everett, Ph.D. \Villiam W. Cobey, Jr., Secretary Director December 2, 1991 Rc_ onal Ortice, A\ -z'ille XL, _251-6208 F2,-7evi I I e 91i 4?6-1541 N1< Edward Silver 70;663-1699 Edward Silver Investments, Ltd. P.O. Box 6363 Ralr!2h 9,9-33-2314 High Point, North Carolina 27262 V*a'-ngron Dear Mr. Silver: 9!0 X96-6431 V! -ingon You had written us about your 51`"95-3q`'' proposed 401 certification to fill -on-Salem East Belt. We want to let you know ?)IL? 96-7007 public hearing on that proposal on in the High Point City Council Chai Hamilton Street. concerns regarding the wetlands for the U.S. 311 that we will hold a January 7, 1992 at 7 p.m. nbers at 211 South Written comments will be accepted through February 6, 1992. Requests for further details or written comments should be addressed to John Dorney, (919) 733-5083, Wetlands and Technical Review, Water Quality Planning, Division of Environmental Management, P.O. Box 29535, Raleigh NC 27626-0535. Feel free to call me as well. Sincerely, Debbie Crane Public Information Officer P.U. 13m 29535, R:dei,h, North Carolina 27626-05 35 lclcphon, 919-;'33 701 Pollution Pre?c ?n Pay, An Equal ( )PPurtunit, Atti,n,an,c .a,:. -? 1-mlov r Sfg7p State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management - 512 North Salisbury Street 0 Raleigh, North Carolina 27604 James G. Martin, Governor William W. Cobey, Jr., Secretary December 2, 1991 Regional Offices Asheville 704/251-6208 George T. Everett, Ph.D. Director Fayetteville 919/486-1541 Mooresville Regina & Charles Misianeg 704/663-1699 606 Shadybrook Road . Raleigh High Point, NC 27265 919,733-2314 Dear Mr. & Mrs. Misianeg: Washington 919/946-6481 You had written us about your concerns regarding the WilTnington proposed 401 certification to fill wetlands for the U.S. 311 919/395-3?W East Belt. We want to let you know that we will hold a winston-salem public hearing on that proposal on January 7, 1992 at 7 p.m. 919/896-71x17 in the High Point City Council Chambers at 211 South Hamilton Street. Written comments will be accepted through February 6, 1992. Requests for further details or written comments should be addressed to John Dorney, (919) 733-5083, Wetlands and Technical Review, Water Quality Planning, Division of Environmental Management, P.O. Box 29535, Raleigh NC 27626-0535. Feel free to call me as well. Sincerely,, ot&i E_- eA A,, Debbie Crane Public Information Officer P.O. Box 29535 Ralei,_,h, A,,rrh Carolina 27626-0535 -li,lephone 919-733-7015 / Pollutior Prevention An Fqual Opportunity .Artm-nvc Arbon Fmplovcr AA7ir 3 ?' a State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. ti1artin, Governor William W. Cobey, Jr., Secretary December 2, 1991 Regional Office, A,heville 704/251-6208 Fayetteville 919/486-1541 11oore,?ille Mrs. George T. Voline 704/663-1699 407 Aberdeen Road Raleigh High Point, NC 27265 919733-2314 Dear Mrs. Voline: George 7. Everett, Ph.D. Director Washington 919/946-6481 You had written us about your concerns regarding the Wilmington proposed 401 certification to fill wetlands for the U.S. 311 919-395-3900 East Belt. We want to let you know that we will hold a Winston-Salem public hearing on that proposal on January 7, 1992 at 7 p.m. 919'8967-X)7 in the High Point City Council Chambers at 211 South Hamilton Street. Written comments will be accepted through February 6, 1992. Requests for further details or written comments should be addressed to John Dorney, (919) 733-5083, Wetlands and Technical Review, Water Quality Planning, Division of Environmental Management, P.O. Box 29535, Raleigh NC 27626-0535. Feel free to call me as well. Sincerely, Debbie Crane Public Information Officer PO- lit» 29i35, 12dei,h, \orth ( arolina 27626-0535 l<.IephUne 9197?3P011n1101) Prevention Pays An E(Iu)l Opportunity Artirmavi t A--i Ems lope M STAre o State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management - 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor William W. Cobey, Jr., Secretary Re'rional Offices Asheville 70+/251-6208 Fayetteville 919/486-1541 Mooresville 704/663-1699 Raleigh 919/733-2314 Washington 919/946-6481 Susi Owen 203 East Bessemmer Apartment 8 h George T. Everett, Ph.D. Director December 21 1991 Avenue Greensboro, North Carolina 27401 Dear Ms. Owen: Wilmington You had written us about your 919/395-39W proposed 401 certification to fill \?,inston-Salem East Belt. We want to let you know 919/896-7007 public hearing on that proposal on in the High Point City Council Chai Hamilton Street. concerns regarding the wetlands for the U.S. 311 that we will hold a January 7, 1992 at 7 p.m. nbers at 211 South Written comments will be accepted through February 6, 1992. Requests for further details or written comments should be addressed to John Dorney, (919) 733-5083, Wetlands and Technical Review, Water Quality Planning, Division of Environmental Management, P.O. Box 29535, Raleigh NC 27626-0535. Feel free to call me as well. Sincerely, Oib6 t, elme- Debbie Crane Public Information Officer P.O. Bur 29535 Raleigh, Nor,r- Carolina 27626-0535 (elephonc 919-73?-7015 R IILItion Pre._anon Pave Equal Opportunity Affirmative Action Lmplowr = o'a SiAT?o State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management ' 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor William W. Cobey, Jr., Secretary December 2, 1991 Re0onal Office; Asheville 704 251-6205 George T. Everett, Ph.D. Director Favetteville 919 486-1541 \loorecville Earl & Bobbie Campbell 704663-1699 600 Old Mill Road Ralcwh High Point, NC 27265 919,-33-2314 Dear Mr. and Mrs. Campbell: \k?ashinKton 919 946-6481 You had written us about your concerns regarding the \Vilmington proposed 401 certification to fill wetlands for the U.S. 311 91939'-39W East Belt. We want to let you know that we will hold a Winston-Salem public hearing on that proposal on January 7, 1992 at 7 p.m. 919896-7007 in the High Point City Council Chambers at 211 South Hamilton Street. Written comments will be accepted through February 6, 1992, Requests for further details or written comments should be addressed to John Dorney, (919) 733-5083, Wetlands and Technical Review, Water Quality Planning, Division of Environmental Management, P.O. Box 29535, Raleigh NC 27626-0535. Feel free to call me as well. Sincerely, Debbie Crane Public Information Officer P.O. Roy, 29535 I:A6wh, North Carolina 17626-i':35 -Merhone 919-733-7015 / Pollution Present +a Pays \n Fqual OP?NIMWI:'. -Artumatioe Action Fmploycr sr. rt. State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor William W. Cobey, Jr., Secretan- December 2, 1991 Regional Orrice A- heville 704/251-6205 Favetteville 919:486-1511 Mooresville 704/66 3-1699 Raleigh 919/733-2314 Ms, Margaret Owen 2517 Westmoreland Drive Greensboro, NC 27408 Dear Ms. Owen: George T. Everett, Ph.D. Director Washington 919'916-615! You had written us about your concerns regarding the Wilmington proposed 401 certification to fill wetlands for the U.S. 311 919395-3900 East Belt. We want to let you know that we will hold a Winston-Salem public hearing on that proposal on January 7, 1992 at 7 p.m. 919.'896-7W in the High Point City Council Chambers at 211 South Hamilton Street. Written comments will be accepted through February 6, 1992. Requests for further details or written comments should be addressed to John Dorney, (919) 733-5083, Wetlands and Technical Review, Water Quality Planning, Division of Environmental Management, P.O. Box 29535, Raleigh NC 27626-0535. Feel free to call me as well. Sincerely, cjft?f- e?"Llt- Debbie Crane Public Information Officer PO. Box 295? Rdeigh, North Carolina 27626-0535 "Mephnec 91y-733-7015 / Pollution Prevention Pav, :1n Equal Opp,vtunity lffirmati- --7,r i.etploycr ST. State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management - 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor William W. Cobey, Jr., Secretary December 2, 1991 Regional Office, \.hevilie 704 251-6208 Favettevi I le 919 486-1541 Moorewille 70-1663-1699 Raleigh 919 733-2314 James R. Owen 2517 Westmoreland Drive Greensboro, NC 27408 Dear Mr. Owen: George T. Everett, Ph.D. Director Wa:hin&ton 919 9+6-6481 You had written us about your concerns regarding the V'dmin},rton proposed 401 certification to fill wetlands for the U.S. 311 9'9395-3900 East Belt. We want to let you know that we will hold a Wtn>ton-Salem public hearing on that proposal on January 7, 1992 at 7 p.m. 919,96-7007 in the High Point City Council Chambers at 211 South Hamilton Street. Written comments will be accepted through February 6, 1992. Requests for further details or written comments should be addressed to John Dorney, (919) 733-5083, Wetlands and Technical Review, Water Quality Planning, Division of Environmental Management, P.O. Box 29535, Raleigh NC 27626-0535. Feel free to call me as well. fSincerely, Debbie Crane Public Information Officer P.( ). Box 29535, PLileigh North Carolina 27r?26-0? Jclephonc 919-733-7015 1-ution Prevention Pays A,, [qual ()ppurmnin' ?. etnna[icr .A,:?., Implow, o w srng o 5 ?=i3 S7 5 i s State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor William W. Cobey, Jr., Secretary December 2, 1991 Re&rial Offices Asheville 704/251-6208 Fayetteville 919/486-1541 Mooresville Leon J. Moules 704/663-1699 2416 Cypress Court Raleigh High Point, NC 27265 9191733-2314 Dear Mr. Moules: George T. Everett, Ph.D. Director Washington 919/946-6481 you had written us about your concerns regarding the Wilmington proposed 401 certification to fill wetlands for the U.S. 311 919/395-3900 East Belt. We want to let you know that we will hold a Wimton-Salem public hearing on that proposal on January 7, 1992 at 7 p.m. 919/896-Ian in the High Point City Council Chambers at 211 South Hamilton Street. Written comments will be accepted through February 6, 1992. Requests for further details or written comments should be addressed to John Dorney, (919) 733-5083, Wetlands and Technical Review, Water Quality Planning, Division of Environmental Management, P.O. Box 29535, Raleigh NC 27626-0535. Feel free to call me as well. Sincerely, Debbie Crane Public Information Officer P.O. Box 29535, Raleigh. North C.;rolina 27626-0535 -lclephonc 919-733-7015 P011u: n P ;cent: Pave An _;pal Opportunity Affirmative Action Employer RA7Fo State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor William W. Cobey, Jr., Secretary December 2, 1991 ReLnonal Orrice. Asheville 704 251-6208 Fayetteville 919 486-1541 Moore<yille Doris P. Deal 704663-1699 210 Prestwick Drive Ralei4h High Point, NC 27265 919 733-2314 Dear Ms. Deal: George T. Everett, Ph.D. Director V"a<hirIgton 91994"-6481 You had written us about your concerns regarding the Wilmington proposed 401 certification to fill wetlands for the U.S. 311 919;95-39G) East Belt. We want to let you know that we will hold a Win<ton-sale,,, public hearing on that proposal on January 7, 1992 at 7 p.m. 91996-7xr in the High Point City Council Chambers at 211 South Hamilton Street. Written comments will be accepted through February 6, 1992. Requests for further details or written comments should be addressed to John Dorney, (919) 733-5083, Wetlands and Technical Review, Water Quality Planning, Division of Environmental Management, P.O. Box 29535, Raleigh NC 27626-0535. Feel free to call me as well. Sincerely, Debbie Crane Public Information Officer P.O. Box 29535, Raleigh North Carob, ]-o> 4)535 -1dephoec +19 733-7015 / Pollution Prevention Pay, An F-,-ii .;r.a.;;... p .atrinaative A 7 Employer -moo t-.gip 'A State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management - 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor William W. Cobey, Jr., Secretary December 2, 1991 Reeional Otri e, Asheville /041251-620b Fayetteville 919486-1541 Mooresville Anne Samiec 704%663-1699 4013 Fardo Drive Raleigh Winston-Salem, NC 919.733-2314 Dear Ms. Samiec: 27106 George T Everett, Ph.D. Director Washington 919946-6481 You had written us about your concerns regarding the Wilmington proposed 401 certification to fill wetlands for the U.S. 311 919395-39W East Belt. We want to let you know that we will hold a `-inston-Salem public hearing on that proposal on January 7, 1992 at 7 p.m: Q19896-jar in the High Point City Council Chambers at 211 South Hamilton Street. Written comments will be accepted through February 6, 1992. Requests for further details or written comments should be addressed to John Dorney, (919) 733-5083, Wetlands and Technical Review, Water Quality Planning, Division of Environmental Management, P.O. Box 29535, Raleigh NC 27626-0535. Feel free to call me as well. Sincerely, 0110; ?_ &I Debbie Crane Public Information Officer P.O. I m 29535, Raleigh, North C. rolina 27,.2ti-0?3? -Iclephone 919-733-7015 / Pollution Pr=.rntion Pavti An i.qual Opprr:unlt% Attirmativc Action Employer •a State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor William W. Cobey, Jr., Secretary December 2, 1991 Reuional Orrice. Ashe\ille 70Y 51-6208 Fare-eville 919 =Stid54t Mooresville Mr. David L. Zando 704 k13-1699 3912 Briarwood Avenue Ralei High Point, NC 27265 ?? h 919 -33-2314 Dear Mr. Zando: George T Everett, Ph.D. Director Wa;:-. i ngton 9199-6-6 Si You had written us about your concerns regarding the Wilming.on proposed 401 certification to fill wetlands for the U.S. 311 91939;-39?>7 East Belt. We want to let you know that we will hold a wj,,;; „-Saiem public hearing on that proposal on January 7, 1992 at 7 p.m. 911) in the High Point City Council Chambers at 211 South Hamilton Street. Written comments will be accepted through February 6, 1992. Requests for further details or written comments should be addressed to John Dorney, (919) 733-5083, Wetlands and Technical Review, Water Quality Planning, Division of Environmental Management, P.O. Box 29535, Raleigh NC 27626-0535. Feel free to call me as well. Sincerely, QL??' CIVII-0- Debbie Crane Public Information Officer NO. Box 29535, Raleigh. North Carolina 27626-05?? telephone 919-733-7015 / Pollution Prevention Pav. An Equal OP-ELInin -..--iative Action Employer `?pp30 w bATp1o State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management - 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. ;`Iartin, Governor William W Cobey, Jr., Secretary December 2, 1991 Regional O^ice? Asheville 704/21-620S Favetteville 919/486-15=. Nlooresvilk Mr. Arch Schoch, Jr. 704/663-169 Schock, Schock and Schock P.O. Box 1893 Raleigh 919133-231= High Point, North Carolina 27261 WY shingtor: Dear Mr. Schoch 9191946-64?: Wilmingtoc You had written us about your 919;395-39Ci. proposed 401 certification to fill \Vinsron-Salem East Belt. We want to let you know 919896-7011- public hearing on that proposal on in the High Point City Council Chai Hamilton Street. Y; George T. Everett, Ph.D. Director concerns regarding the wetlands for the U.S. 311 that we will hold a January 7, 1992 at 7 p.m. nbers at 211 South Written comments will be accepted through February 6, 1992. Requests for further details or written comments should be addressed to John Dorney, (919) 733-5083, Wetlands and Technical Review, Water Quality Planning, Division of Environmental Management, P.O. Box 29535, Raleigh NC 27626-0535. Feel free to call me as well. Sincerely, Debbie Crane Public Information Officer P.O. Box 29535 RLileigh, North Carolina 27626-0535 Telephone P19-733-'011 / Pollution Prevewion NN,. An Equal OPportun t% .-Atlirmame AcO Empl-er e „` srnTF a State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Ulartin, Governor William W. Cobey, Jr., Secretary December 2, 1991 Reg?xjnal Office: Ashe•: ille 704 251-6208 Faye-evi I le 919 46-1541 Moorewiile Mr. Aldeen A. Beck 704.663-1699 102 Kellystone Drive Raleigh Apartment 28 919;^33-2314 King, North Carolina 27021 Washington Dear Mr. Beck: 919946-6481 Wilmington You had written us about your 919'95-3900 proposed 401 certification to fill Wing-on-Salem East Belt. We want to let you know 919.396-7W7 public hearing on that proposal on in the High Point City Council Chai Hamilton Street. George T. Everett, Ph.D. Director concerns regarding the wetlands for the U.S. 311 that we will hold a January 7, 1992 at 7 p.m. nbers at 211 South Written comments will be accepted through February 6, 1992. Requests for further details or written comments should be addressed to John Dorney, (919) 733-5083, Wetlands and Technical Review, Water Quality Planning, Division of Environmental Management, P.O. Box 29535, Raleigh NC 27626-0535. Feel free to call me as well. Sincerely, Debbie Crane Public Information Officer P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 P011ution Prevention Pays An Eatul Opp-iniry .Airirmau%,e Action Emplo\wr e M STATE State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management - 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor William W. Cobey, Jr., Secretary December 2, 1991 Regional Offices Asheville 704/251-6208 Fayetteville 919/486-1541 Mooresville 704/663-1699 Raleigh 919/733-2314 Clara W. Pou 267 Crepe Myrtle Circle Winston-Salem, NC 27106 Dear Ms. Pou: George T. Everett, Ph.D. Director Washington 919/9+6-6481 You had written us about your concerns regarding the Wilmington proposed 401 certification to fill wetlands for the U.S. 311 919/395-3900 East Belt. We want to let you know that we will hold a Winston-Salem public hearing on that proposal on January 7, 1992 at 7 p.m. 919/896-7007 in the High Point City Council Chambers at 211 South Hamilton Street. Written comments will be accepted through February 6, 1992. Requests for further details or written comments should be addressed to John Dorney, (919) 733-5083, Wetlands and Technical Review, Water Quality Planning, Division of Environmental Management, P.O. Box 29535, Raleigh NC 27626-0535. Feel free to call me as well. Sincerely, Debbie Crane Public Information Officer P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 / Pollution Prevention Pays An Equal Opportunity Aginnarive Action _:-Ploycr State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor George T Everett, Ph.D. William W. Cobey, Jr., Secretary Director December 2, 1991 Regional Office, Asheville 704/251-6208 Fayetteville 919/486-1541 Mooresville T.R. Nicholson 704/663-1699 Piedmont Wildlife Club Raleigh 639 Bethany Court 919/733-2314 Winston-Salem, NC 27103 Washington Dear Mr. Nicholson: 919/946-6481 Wilmington You had written us about your 919/395-39W proposed 401 certification to fill Winston-Salem East Belt. We want to let you know 919/896-7007 public hearing on that proposal on in the High Point City Council Chal Hamilton Street. concerns regarding the wetlands for the U.S. 311 that we will hold a January 7, 1992 at 7 p.m. nbers at 211 South Written comments will be accepted through February 6, 1992. Requests for further details or written comments should be addressed to John Dorney, (919) 733-5083, Wetlands and Technical Review, Water Quality Planning, Division of Environmental Management, P.O. Box 29535, Raleigh NC 27626-0535. Since your letter did not include individual addresses for the other folks who signed it, could you please pass on this notification to them as well._Thank you. Feel free to call me as well. Sincerely, Debbie Crane Public Information Officer PO. Box 2953 Pileigh, North Carolina 27626-0535 Telephone 919-733.70E Pollutio, Prevention Pays An Equal OPpcmunity Attinnative Action E,plo,v, n "'.SrgrF a? °J( Cc State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor William W. Cobey, Jr., Secretary December 2, 1991 Retnonal Offices .A?heville -041251-6208 Fayetteville 919/486-1541 rx George T Everett, Ph.D. Director `looresville Bob Ponzoni 704i663-1699 217 Montlier Avenue High Point, NC 27262 Raleigh 9191733-2314 Dear Mr. Ponzoni: 'Cashington 919;946-6481 you had written us about your concerns regarding the Xilmington proposed 401 certification to fill wetlands for the U.S. 311 919'395-3900 East Belt. We want to let you know that we will hold a Winston-Salem public hearing on that proposal on January 7, 1992 at 7 p.m. x19/896-7007 in the High Point City Council Chambers at 211 South Hamilton Street. Written comments will be accepted through February 6, 1992. Requests for further details or written comments should be addressed to John Dorney, (919) 733-5083, Wetlands and Technical Review, Water Quality Planning, Division of Environmental Management, P.O. Box 29535, Raleigh NC 27626-0535. Feel free to call me as well. Sincerely, [)tb6 ; C, 0 Debbie Crane Public Information Officer P.O. Box 29535, Raleigh. \orth Carolina 276261-0535 Telephone 919-733-7015 / Pollution Prevention Pays An Equal Oppomjniry Affirmative Action Employer , T O.w STArt _ State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. N1artin, Governor William V"- Cobey, Jr., Secretary December 2, 1991 Regional Ottic,- Asheville 704'251-6-108 Favettevi I le 919 456-1541 Mooresville Patt Robertson 704663-1699 708 Westwood George T. Everett, Ph.D. Director Raleigh High Point, NC 27262 919 733-2314 Dear Ms. Robertson: V`ashington 919 946-6-151 You had written us about your concerns regarding the W'ilmin&ton proposed 401 certification to fill wetlands for the U.S. 311 919395-3900 East Belt. We want to let you know that we will hold a Wimton-sale,- public hearing on that proposal on January 7, 1992 at 7 p.m. 919.596-7ii07 in the High Point City Council Chambers at 211 South Hamilton Street. Written comments will be accepted through February 6, 1992. Requests for further details or written comments should be addressed to John Dorney, (919) 733-5083, Wetlands and Technical Review, Water Quality Planning, Division of Environmental Management, P.O. Box 29535, Raleigh NC 27626-0535. Feel free to call me as well. Sincerely, V r Debbie Crane Public Information Officer F(i Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 / Pollution Prevention Pays An Equal Opportunity Attirmatwe Action Employer a a` SGT State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor William W. Cobey, Jr., Secretary . December 2, 1991 Regional Offices Asheville 704/251-6208 Fayetteville 919/486-1541 Mooresville Molly A. Diggins 704/663-1699 Coordinator, State Conservation Issues Raleigh N.C. Sierra Club 919/733-2314 1135 Kenwood Street Winston-Salem, NC 27103 Washington 919/946-6481 Dear Molly, Wilmington 919/395-3900 You had written us about your Winston-Salem proposed 401 certification to fill 919/896-7007 East Belt. We want to let you know public hearing on that proposal on in the High Point City Council Chai Hamilton Street. George T. Everett, Ph.D. Director concerns regarding the wetlands for the U.S. 311 that we will hold a January 7, 1992 at 7 p.m. nbers at 211 South Written comments will be accepted through February 6, 1992. Requests for further details or written comments should be addressed to John Dorney, (919) 733-5083, Wetlands and Technical Review, Water Quality Planning, Division of Environmental Management, P.O. Box 29535, Raleigh NC 27626-0535. Feel free to call me as well. Sincerely, Dtb?_ 01? Debbie Crane Public Information Officer P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 Pollution Prevention Pays An Equal opportunity Affirmative Action Employer Y Ao State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor William W. Cobey. Jr., Secretary December 2, 1991 Regional Offices Asheville 704/251-6208 Fayetteville 919/486-1541 Mooresville Mayor Roy B. Culler 704/663-!699 City of High Point P.O. Box 230 Raleigh 919!733-2314 High Point, North Carolina 27261 Washington Dear Mayor Culler: 919/946-64 S 1 Wilmington You had written us about your 919/395-3900 proposed 401 certification to fill Winston-Salem East Belt. We want to let you know 919/896-7007 public hearing on that proposal on in the High Point City Council Chai Hamilton Street. George T Everett, Ph.D. Director concerns regarding the wetlands for the U.S. 311 that we will hold a January 7, 1992 at 7 p.m. nbers at 211 South Written comments will be accepted through February 6, 1992. Requests for further details or written comments should be addressed to John Dorney, (919) 733-5083, Wetlands and Technical Review, Water Quality Planning, Division of Environmental Management, P.O. Box 29535, Raleigh NC 27626-0535. Feel free to call me as well. Sincerely, 0'tato / 1- ('1'.4' Debbie Crane Public Information Officer P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 / P011ution Prevention Pays An Equal Oppor.unity Affirmative Action Employer MEMO TO ATE: SUBJECT: VLAJ --- 9 " --D - ?\ -V?? I\ t6-?c V\Allt' k i l ... ? ; tldiFa a?3 -2 0 From: an2-? I ?, STAIZ q, North Carolina Department of Environment, Health, and Natural Resources Printed on Recycled Paper ?Qu- IMPORTANT Date Ti WHILE YOU WERE OUT M L /?? ?/iU?_ of L r r' OF ?--? G , Phone R- lc - -(' AREA CODE NUMBER EXTENSION TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL Signed N.C. Dept. of Environment, Health, and Natural Resources IMPORTANT t / --r Dmrr? ?i Date qC Time 1 WHILE YOU WERE OUT Mr ?? , Phone AREA CODE NUMBER EXTENSION Message rG/m.D _ D ? L 0?, a ,p? ^ ? ''7? , CJ lX. ?/l r A Signed N.C. Dent. of Environment. Health. and Natural Resources TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL a_ In N. r . FSVIRONEflU MANAGEMENT aym=oN x NOTICE OF PU IC HEARING FOR 401 WATER QUALITY CErn[FICATM, US 311 EAST BELT, N.C. DEPARTMENT OF TRANSPORTATION, GUILFORD COMM Notice is hereby given of a public hearing to be held by the N.C. Department of Envirc®ent.. Health and Natural Resources on behalf of the Environmental Management Commission concerning a 401 Water Quality Certification for wetland fill. A 401 Certification is required by the Federal Water Pollution Control Act and certifies that all appropriate state water quality standards will be met by the proposed action. PURPOSE: The N.C. Department of Transportation, (DOT) has applied to the N.C. Division of Environmental Management for a 401 Certification to fill 5.94 acres of wetlands on Hiatt (Hyatt) Branch which is a tributary of Oak Hollow Lake, a water supply reservoir of the City of High Point. The D.S. 311 East Belt would be a relocation of the existing D.S. 311 which passes through the central business districts of High Point and Archdale. A Final Environmental Impact Statement on this road was approved on July 12, 1988. The N.C. DOT has proposed to mitigate for this impact at a 1:1 acreage ratio by restoring and cresting wetlands at several locations on Hiatt Branch and at the Jackson Lake bed on Jackson Labe Road. In addition, 0.64 acres of wetlands would be debited from the CooQsuy Swamp Mitigation Bank. DATEITIME: January 7, 1992 at 7:00 pm LOCATION: Council Chambers City of High Point 211 S. Hamilton Street High Point, N.C. COMMENT All persons interested in this matter are invited to attend. Comments, statements, PROCEDURBS data and other information may be submitted in writing prior to, during or within thirty (30) days after the hearing (by Feb. 6, 1992) or may be presented orally at the hearing. Oral statements may be limited at the discretion of the hearing officer. Submittal of written copies of oral statements is encouraged. AVINORITY: N.C.G.S. 143-215.3(a)(1) and (c). Rater Quality Certification reguat{rns. 15A NCAC 2H .0503. INFORMATION: Further explanation and details of the proposed action can be obtained by writing or calling: John Dorney, 919-733-5083 Wetlands and Technical Review Water Quality Planning Division of Environmental Management P.O. Box 29535 Raleigh, N.C. 27626-0535 or Steve Mauney, 919-761-2351 Water Quality Section Division of Environmental Management Winston-Salem Regional. Office 8025 North Point Blvd, Suite 100 Winston-Salem, N.C. 27106 pubnot.311/d-2 N . r . FwIRON!lEtI U MANAGEMENT COMMISSION NOTICE OF PUBLIC HEARING FOR 401 WATER QUALITY CErnTICATIDN, DS 311 EAST BELT, N.C. DEPARTMENT OF TRANSPORRTLTICi, GUUYORD COUYlY Notice is hereby given of a public hearing to be held by the N.C. Department of Environment, Health and Natural Resources on behalf of the Environmental Management Commission concerning a 401 Water Quality certification for wetland fill. A 401 Certifi mUm is required by the Federal Water Pollution Control Act and certifies that all appropriate state water quality standards will be met by the proposed action. PURPOSE: The N.C. Department of Tra=spci*-tA (DOT) has applied to the N.C. Division, of Environmental Management for a 401 Certification to fill 5.94 acres of wetlands on Hiatt (Hyatt) Branch which is a tributary of Oak }allow Lake, a water supply reservoir of the City of High Point_ The D.S. 311 East Belt would be a relocation of the existing D.S. 311 which passes through the central business districts of High Point and Archdale. A Final Environmental Lgxact Statement on this road was approved on July 12, 1988. The N.C. DOT has proposed to mitigate for this impact at a 1:1 acreage ratio by restoring and creating wetlands at several locations on Hiatt Branch and at the Jackson Lake bed on Jackson Labe Road. In addition, 0.64 acres of wetlands would be debited from the Company Swamp !litigation Bank- DATE/TIME: January 7, 1992 at 7:00 pm LOCATION: Council Chambers City of High Point 211 S. Hamilton Street High Point, N.C. COMMENT All persons interested in this matter are invited to attend. Comments, statements, PROCEDURES data and other information may be submitted in writing prior to, during or within thirty (30) days after the bearing (by Feb. 6, 1992) or may be presented orally at the hearing. Oral statements may be limited at the discretion of the hearing officer. Submittal of written copies of oral statements is encouraged. AUINORITY: N.C.G.S. 143-215.3(a)(1) and (c). Rater Quality certification regn}aicas. 15A NCkC 2H .0503. INFORlaTION: Farther explanation and details of the proposed action can be obtained by writing or calling: John Dorney, 919-733-5083 Wetlands and Technical Review Water Quality Planning Division of Environmental Management P.O. Box 29535 Raleigh, N.C. 27626-0535 or Steve llauney, 919-761-2351 Water Quality Section Division of Environmental Management Winston-Salem Regional Office 8025 ]forth Point Blvd, Suite 100 Winston-Salem, N.C. 27106 pubnot.311/d-2 N . r . ysvERORIl NM IMGEMBT OQ4D:SSION NOTICE OF PUBLIC HEARING FOR 401 WATER QUALITY CERTIFICAYIOH, DS 311 EAST BELT, N.C. DEPAMENT OF TRAASPORTflT w, GD Lpm ayam Notice is hereby given of a public hearing to be held by the A.C. Department of Environment, Health and Natural Resources on behalf of the Environmental !Management Codission mining a 401 Water Quality Certification for wetland fill. A 401 Certification is required by the Federal Water Pollution Control Act and certifies that all appropriate state water quality standards will be met by the proposed action. PURPOSE. The A.C. Department of Tr;a spo-rtat_m (DOT) has applied to the A.C. Division of Environmental !Management for a 401 Certification to fill 5.94 acres of wetlands on Hiatt (Hyatt) Branch which is a tributary of Oak Hollow Lake, a water supply reservoir of the City of High Point. The D.S. 311 East Belt would be a relocation of the existing D.S. 311 which passes through the central business districts of High Point and Archdale. A Final Environmental Impact Statement on this road was approved on July 12, 1988. The N.C. DOT has proposed to mitigate for this impact at a 1:1 acreage ratio by restoring and creating wetlands at several locations an Hiatt Branch and at the Jackson Lake bed on Jackson Lake Road. In addition, 0.64 acres of wetlands would be debited from the Ccapony Swamp !litigation Bank. DATEMME: January 7, 1992 at 7:00 pm LOCATION: Council Chambers City of High Point 211 S. Hamilton Street High Point, N.C. COMMENT All persons interested in this matter are invited to attend. Comments, statements, PROCEDUM data and other information may be submitted in writing prior to, during or within thirty (30) days after the hearing (by Feb. 6, 1992) or may be presented orally at the hearing. Oral statements may be limited at the discretion of the hearing officer. Submittal of written copies of oral statements is encouraged. AUTHORITY: N.C.G.S. 143-215.3(a)(1) and (c). Water Quality Certification regulations. 1% ACAC 2H .0503. DWORlIITION: Further explanation and details of the proposed action can be obtained by writing or calling: John Dorney, 919-733-5083 Wetlands and Technical Review Water Quality Planning Division of Environmental Management P.O. Box 29535 Raleigh, N.C. 27626-0535 or Steve Mauney, 919-761-2351 Water Quality Section Division of Environmental Management Winston-Salem Regional Office 8025 North Point Blvd, Suite 100 Winston-Salem, N.C. 27106 pubnot.311/d-2 N.r . MIROMIRRM KMGEMEIP C(W=CN NOTICE OF POBLIC HEARING FOR 401 WATER QUALITY CERTIPICSTIM, US 311 EAST BELT, N.C. DEPAMERT OF TRANSPORT MM, GUMFORD COUNTY Notice is hereby given of a public hearing to be held by the N.C. Department of Environment, Health and Natural Resources on behalf of the Environmental Management Ca m fission concerning a 401 Water Quality Certification for wetland fill. A 401 Certification is required by the Federal Water Pollution Control Act and certifies that all apprapriat state water quality standards will be met by the proposed action. PURPOSE: The N.C. Department of Transportation (DOT) has applied to the N.C. Division of Environmental Management for a 401 Certification to fill 5.94 acres of wetlands on Hiatt (Hyatt) Branch which is a tributary of Oak Hollow lake, a water supply reservoir of the City of High Point. The O.S. 311 Fast Belt would be a relocation of the existing O.S. 311 which passes throne the central business districts of High Point and Archdale. A Final Environmental Impact Statement on this road was approved on July 12, 1988. The N.C. DOT has proposed to mitigate for this impact at a 1:1 acreage ratio by restoring and creating wetlands at several locations on Hiatt Branch and at the Jackson Lake bed on Jackson Lake Road. In addition, 0.64 acres of wetlands would be debited from the Caopeny SwamP !litigation Bank. DATEMME: January 7, 1992 at 7:00 pm LOCATION: Council (umbers City of High Point 211 S. Hamilton Street High Point, N.C. COMMENT All persons interested in this matter are invited to attend. Comments, statements, PROCEms data and other information may be saboitted in writing prior to, during or within thirty (30) days after the hearing (by Feb. 6, 1992) or maybe presented orally at the hearing. Oral statements may be limited at the discretion of the beating officer. Submittal of written copies of oral statements is encouraged. AVIRORM: N.C.G.S. 143-215.3(a)(1) and (c). Water Quality Certification regulations. 15A NCAC 2H .0503. INFORMTIOfi: Further exp i m and details of the propa?ed action can be obtained by writing or calling: John Dorney, 919-733-5083 Wetlands and Technical Review Water Quality Planning Division of Environmental Management P.O. Box 29535 Raleigh, N.C. 27626-0535 or Steve Mauney, 919-761-2351 Water Quality Section Division of Environmental Yanagment Winston-Salem Regional Office 8025 North Point Blvd, Suite 100 Winston-Salem, N.C. 27106 pubnot.311/d-2 State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management P.O. Box 29535 Raleigh, NC 27626-0535 WATER QUALITY SECTION FAX # 9191733-9919 TELECOPY TO: a k'4 "v, FAX NUMBER: 3 FROM: -J70 VVV? '(y PHONE: q1 ( -7 NO. OF PAGES, INCLUDING COVER SHEET: COMMENTS: I? w - wn STME State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management P.O. Box 29535 Raleigh, NC 27626-0535 WATER QUALITY SECTION FAX # 919/733-9919 TELECOPY TO: At l! 0 I qj:ell e 11,5C A. K U FAX NUMBER: qI I?I - ?? l(J FROM: ?A- 1 PHONE: Z 1 - 33 -50 F3 NO. OF PAGES, INCLUDING COVER SHEET: COMMENTS: d„evl; cafe raoy«f J ?-44wq. Greensboro News & Record Published by GREENSBORO NEWS & RECORD, INC. Greensboro, North Carolina NORTH CAROLINA, GUILFORD COUNTY AFFIDAVIT OF PUBLICATION Before the undersigned, a Notary Public of said County and State, duly commissioned, qualified, and authorized by law to administer oaths, personally appeared = PrTCE ORI) ................................................................................ who being first duly swor(!n?, pdeep pooses and says: 1. That i-'eiFM AM S !, SAM MR ............................................................of the Greensboro News Company, a corporation, engaged in the publication of newspapers known as "Greensboro Daily News" and "The Greensboro Record", published, issued and entered as second class mail in the City of Greensboro in said County and State; IN_ OF T 2. That he is authorized to make this affidavit and sworn statement; that the notice or other legal adver- a'e1nsporthat- tisement, a true copy of which is attached hereto, was published in the : I) Caroll- ri'Ca ou-` GREENSBORO NEWS & RECORD ontal_ Section ; ` ,p on the following dates: n.5-t JCac zry ' icatl ori Is only . .. October 1$ 1991 , of-at- , ..................................................................................................... 311. ?nt. on j cation to ntal. Man- ail«be In .................................................................................................... . )Msion,n6 !pter ttrari'Oitober' 31. 1991. Commer is should be sent to ental.Man . m N.C. Mv;ston of Environ ................. :........... ...................... ............... ................................... 4 .? :.. ag n,.i.fe,': Wiatw -QuBlky planning, post Office 86x,29535, Raleigh. North Carolina 27626-0535, Atten- coPY Of the 1 don: John Dgmey. A, ' for V lY lYV1.LVP? ................... SUl.?V.......................................................................... and appfi?Isdon,ls 6 V file the I -.'office at.8025' North , Point BNd., ..Winston-Salem. - N.C. 27106 Regional Office (Wi nston-5 N' r? placed through C. PT..Qr _T'IITFT 'T' TMT' M1T ?? nrv """"'"""""""' "' 00 (919)'-896-770Q7) during - . ;business hours and-may be In- 'spected by the public. Jphn DD[ney For: George T. Everett. DUectet North,Carolina bivision of EnvWnrrlental Manegenlent 3. That the said newspaper (or newspapers) in which such notice, paper, document, or legal advertisement DATE: October 9. 1991 was published was, at the time of each and every such publication, a newspaper meeting all of the requirements and qualifications of Section 1-597 of the General Statutes of North Carolina and was a qualified newspaper within the meaning of Section 1-597 of the General Statutes of North Carolina. This ......... 1.......... day of .......... QCt PW ............. 19.......... 91 .......................................................................... Advertising Director .......................................................................... Local Advertising Manager .......................................................................... National Advertising Manager r ....................... .... ........ .... ............. ................. ifi l d Ad ti (d M ass e ver s g anager ,,6o$:q6aa?icribea befo this ....... A4 day of ;?b)*,l o 19 .. . 91... P NOTARup?5D0L LIZ Notary commission txPi; es My commission expires: ...................................................... Cl) Cf) y T r -2 M 03 > z Z m - D n _ m D r j O M C < -j m m O C O > z T --! _ D \ (J) Z o a > M ^ ? D rn - r ° D -, Z Tl -0Z M > -? O c Z { 9 O D C M 21 v J p'o? n ? r C Lit V'1 C7' M 1? I M s r -? m z NC ) > co 'In -i .1': F C Ti p ?- ? { _ JL z > - Z Z • ' C n O r? C rn ? v O PD .-I _71 W r t: Ci m oz 7 Cl) D m m T D x < m z Z O c 0 v 3 O x v A < m W O m x z ? O z m C r v O ? ,p z D x W v x m < 3 m m m O o x z b < o z a o x m m m y M m o III??? m 0 A Q m N ° O D c W \ 0 m z t. 0 0 -I O 0o m c m m < , z CL s: y O d o +. v m Z 3 CL A Z D ° v ? to Z m Q c D Z CL 2 F a m ) m n C m 3,0 a z M m n = 70 w W xm C m , a D m Z r '. 3 O 70 v r Z Z 0 O N y A ? ? D 0 70 ° co n Z d 3 m V W.- ?D o p o O z z z Z A m m x 0 = c m r r m 3 cn m O x c < n O A M m zx D C m 3 c m m 7o 2K E71 E] 0 m - y? Greensboro News & Record Published by GREENSBORO NEWS & RECORD, INC. Greensboro, North Carolina NORTH CAROLINA, GUILFORD COUNTY AFFIDAVIT OF PUBLICATION Before the undersigned, a Notary Public of said County and State, duly commissioned, qualified, and authorized by law to administer oaths, personally appeared BEM, PITCHRM ........................ sworn, deposes and says:.......... ................ ..... .........................who being first duly 1. That a is .... .AM IN= ?' ?" ? ............................................................of the Greensboro News Company, a corporation, engaged in the publication of newspapers known as "Greensboro Daily News" and "The Greensboro Record", published, issued and entered as second class mail in the City of Greensboro in said County and State; 2. That he is authorized to make this affidavit and sworn statement; that the notice or other legal adver- tisement, a true copy of which is attached hereto, was published in the GREENSBORO NEWS & RECORD on the following dates: o0- o 14, 1991 .................................................................................................... for .......... RC. MT= ................................................................ and placed throng .......QF''.MV.T??0@fiTrh.?: .-.._-,. 3. That the said newspaper (or newspapers) in which such notice, paper, document, or legal advertisement was published was, at the time of each and every such publication, a newspaper meeting all of the requirements and qualifications of Section 1-597 of the General Statutes of North Carolina and was a qualified newspaper within the meaning of Section 1-597 of the General Statutes of North Carolina. OOtCbel This ......... ?!.......... day of .......... ............. 19.......... 91 ........................................................................ Advertising Director .......................................................................... Local Advertising Manager .......................................................................... National Advertising Manager ....................... .... ........ .... ...................... lassified Adverti...Manager . . . . . j rSworn*'t;,R?iili?is?bscribed befo ,this ....... ..4 day of .. QG19 ... 91... C,.1C= Notary S ublic My commission expires: ...................................................... IMPORTANT To c _1© Lyj _ J ? Date t I -S Time WILE YO WERE OUT M of Phone' I ??Q AREA CODE NUMBER EXTENSION TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL Signed N.C. Dept. of Environment, Health, and Natural Resources 0?' t3 Printed on Recycled Paper ME-Mo DATE: 1 TO: SUBJECT: ? C . 'Do ev\ CM C'CS From: SWE North Carolina Department of Environment, Health, and Natural Resources g?? Printed on Recycled Paper NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES WINSTON-SALEM REGIONAL OFFICE DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION October 29, 1991 MEMORANDUM ?,3456 19 To: John Dorney cxi Through: Steve Mauney ,"?° OG????F^?r w From: Eric Galamb SUBJECT: Public Hearing US 311 East Belt High Point Guilford County Due to the unusual number of requests to review the subject file, I suggest that a public hearing for the proposed US 311 East Belt be considered. cc: WSRO 11/0$/91 16:27 '020 CITY OF HIGH PT. City of High North Caroline Date KW C@ 001/008 p oint From: L> City of High Point 211 South Hamilton Street P.O. Box 230 High Point, N,C. 27260 Total Pages (Including the Corer Sheet) Fax: (919) 8833419 Tel: (919) 883- ? Comments:-aLk Fax M 11/08/91 18:28 $020 CITY OF HIGH PT. CI'T'Y OF HIGH POINT NORTH CAROLINA November 8, 1991 Mr. John Dorney N.C. Division of Environmental Management Water Quality Planning P.O. Box 29535 Raleigh, NC 27626-0535 Dear Mr. Dorneyt 0002/003 The City of High Point formally requests that a public hearing be held in High Point concerning wetland loss within our water supply watershed from the construction of the proposed US 311 gy Pass. We are very much concerned with the impact of the proposed ramp D on the wetland and its effect on the quality of water in our water supply reservoir. Enclosed you will find specific concerns and questions raised by Mr. Linwood O'Neal, Director of Water & Sewer for the City of High Point. Thank you for your consideration of this matter, and we look forward to hearing from you. Sincerely, Q-n e. ? Roy B. Culler, Mayor City of High Point, NC Post Office Box 230, High Point, North Carolina, 27261, FAX 919.883.3419 11/0$/91 ?fi:?F j. ppi $020 To: Roy B. Culler, Mayor Fro 1'inwood O'Neal, Dar : November 7, 1991 CITY OF HIGH PT. Director of Water & Seweri_&, Subject: US 311 By Pass Impact on Wetlands 1 We have recently been made aware of the potential impact upon} wetlands within our watershed along the proposed US 311'bypass, We understand that NCDOT plans to proceed with this project under a Nationwide Permit 26. The City of High Point was told that a Nationwide Permit 26 can only be used once in a watershed, and that rarely can wetland impacts exceed 4 acres. Does this mean that NCDOT can'no longer use this permit in the Oak Hollow watershed? iN,. question how this project can be permitted under Nationwide 26 when obviously 1-40, which is currently under construction, was permitted under Nationwide 26, On City projects, on-site mitigation is required, yet NCDOT apparently has the flexibility to debit the Company Swamp Mitigation Bank in Eastern North Carolina. From our negotiations with the COE on city projects, the issue of an acceptable mitigation ratio has been raised. Typically we have been instructed that a 3:1 ratio would be required due to the uncertainty and quality of created wetlands. The NCDOT is only proposing a 1:1 mitigation ratio. Is this a special proviso for NCDOT only? In figure 2A of the NCDOT mitigation plan they show converting existing city owned land within the flood plain, It is the City's understanding that any conversion of this property requires BOR concurrence due to the source of funding on the Oak Hollow Lake property. We recommend that you request a local hearing to be held in the City of High Point to address these issues and other concerns of our citizens. IM 003/003 MEMO DATE: TO: SUBJECT: -J13LI ?At CAJ??( r. ail ?) z& l PC(Lq J/-. V d 1 cf From, c? ?A7E o North Carolina Department of Environment, Health, and Natural Resources Printed on Recycled Paper K -_ All, f 1Yw r8. 1 f G i T,. y f ?,a } tip ',r ? \ _ gt< G_}> Y ?5 7 yLV Sw "1rV V ? t 1 tf t - r':: ' _ f T 7 S l - t 6:14 +t y y? 1 v rc M&MIT N. r . FSV IROR42t U MAXAGElRW CfR4=GN NOTICE OF PUBLIC HEARING FOR 401 WATER QUALITY CWnFICa=, US 311 EAST BELT, N.C. DEPARTMENT OF TRANSPOR=Uff, GUII.FORD COUNTY Notice is hereby given of a public hearing to be held by the N.C. Department of Environment, Health and Natural Resources an behalf of the Environmental Management Commission concerning a 401 Water Quality Certification for wetland fill. A 401 Certification is required by the Federal Water pollution control Act and certifies that all appropriate state rater quality standards will be meet by the proposed action. PURPOSE: The N.C. Department of Transportatim (DOT) has applied to the N.C. Division of Environmental Management for a 401 Certificatim to fill 5.94 acres of vetlands on Hiatt (Hyatt) Branch which is a tributary of Oak Hollow Lake, a water supply reservoir of the City of High Point. The D.S. 311 East Belt would be a relocation of the existing D.S. 3U which passes through the central business districts of High Point and Archdale. A Final Environmental Impact Statement on this road was approved on July 12, 1988. The N.C. DOT has proposed to mitigate for this impact at a 1:1 acreage ratio by restoring and creating wetlands at several locations on Hiatt Branch and at the Jackson Lake bed on Jackson Lake Road. In addition, 0.64 acres of wetlands would be debited from the Cry Swamp Mitigation Bank- DATE/TIME. January 7, 1992 at 7:00 pm LOCATION. Council Chambers City of High Point 211 S. Hamilton Street High Point, N.C. COMM ERT All persons interested in this matter are invited to attend. Comments, statements, PROCEDURES data and other information may be submitted in writing prior to, during or within thirty (30) days after the hearing (by Feb. 6, 1992) or may be presented orally at the hearing. Oral statements may be limited at the discretion of the hearing officer. Submittal of written copies of oral statements is encouraged. AVPAORITY: N.C.G.S. 143-215.3(a)(1) and (c). Water Quality certification regulations. 15A NCAC 2H .0503. I wowTION: Further explanation and details of the prnpoaed action can be obtained by writing or calling: John Dorney, 919-733-5083 Wetlands and Tec hnic-al Review Water Quality Planning Division of Environmental Management P.O. Box 29535 Raleigh, N.C. 27626-0535 or Steve Mauney, 919-761-2351 Water Quality Section Division of Environmental Management. Winston-Salem Regional Office 8025 North Point Blvd, Suite 100 Winston-Salem, N.C. 27106 pubnot.311/d-2 NOV-15-1991 08:03 FROM TO Steve Tedder !x' M. ?p S.D 6 a e fp 9 1 :0 - ? cr ? ea ? oil eu m °? o? o ^? w 1* '44 0, hl? SAE ,ab ^*?'"' o S I ?*?m?? wesg ^w .?•. LIP WLIRR k ?. C os. ,u m Ma'auliera _g @ a t W VIM .4 , ?, .0 P- &rT a? n ?qtr. ?04 ?• y°e Ff R I =r ;s o mm ?. i. p? O . : of h a Co y 1S e6? qa CA?y "M 4 e m @ ,?? ?p wi Mr.. r6 ft r MtP g ?y o all, AL C6 _ P 96 °.'..m `° a °' o Oro 4 X 14 0, -g E I'M ;g m 0 _ m ? OR C6 '?,... sxR SAP' 3 cr C6 ?w Mg m m r. m ft ID to 8 a g. 0, m ? ?Cp ? f? ? '2 •S @ ow r. W .?.r m O M `?'? ?' a ?a'? r ao ed m ? ? ??m ?C e•?? s"rd ?M?.a crg• Q m ?R, 'm Pr o rl, @ V •- ss ez te a, .186 A:5 8 s? 4 a.?? os a ? no o r?•$ i 05 y l4 w Q. P.01 NW-15-1991 0803 FROM TO Steve Tedder P.02 Nek • s. ' $aadall S. Terry, President ' Joseph P. Rainey, rke President David A. Rawley, Vke President Gary B. Moore, Genet a Man.wr 4A Tuesday. November 12,1991 Let's bypass 311 hysteria . Whoa? Stop and take stock of the situa- tion, Completion of the U.S. 311 Bypass has been a goal devoutly to be wished for al- most 40 years. Banker Fred Alexander tells us it has been on the fire even longer than school merger, froth the first day he came to work in High Point in 1953. A High Point Enter- .prise Poem feature Oct. 27 indicated merg- er of school units first was proposed in September 1954. We don't need hysteria - from High Point City Council, special interest groups or anybody else - now that work is about to begin. Yes, construction work on U.S. 311 By- pass could be as near as next year. Yes, we should have concern for tower- ing hardwood trees and the wetlands area near the 90-degree turn where Aberdeen Road . meets Langdale Drive on High PolnVs northwest side. Yes, both are in danger if the -N.C. De- partment of Transportation follows its plans to fill the wetland to make way for a two-lane highway access ramp. And, yes, scare tactics and using such :4... words as ' Insane" may get DOT's atten- tion. But they are not the best, nor the most efficient, way -to get DOT to ebange its mind. As far as we know, nobody locally has seen complete plans for the project, or even this portion of it. We would hope DOT would make them available before the pe- riod for public comment ends Nov. 16 (or 30 days later if City Manager Lewis price is successful in his request). We agree with those who ask if the ramp can be relocated We wonder why it would be put there in the first place, in the middle of wetlands and so close to the lake, rather than at the N. Main Street or Johnson Street crossings. What we need now is communication and negotiation and, eventually, a meeting of the minds on what is best for all con- cerned. What we don't need is anger, name-calling and digging in on positions, Remember Mary Poppins? "A spoonful of sugar ...,' We don't want to wait another 40 years for the U. S. 311 Bypass. Thomas L. Blount, Ukar Dottglsw G. Clarke, Associate Editor Kenneth S. 1. , Man* jbW Editor Bypass threatens the lake if there are people in High point who want to write to the Department of En. vironmental Management to protest the Department of Transportation's proposed b:tlestruction of the wetlands that filter Hiatt :;.Branch as it enters Oak Hollow flake, their ...,letters should be addressed to John Dorney, ".rW.C. Division of Environmental Manage- ment, Water Quality' Planning, P.O. Box 29535, Raleigh, N.C. 27626. The fax number ''is 919.738-9819. Tbese letters must be re- Veived by Saturday. It would also be a good - =Idea to send it copy of ft letters to Wayne Wr49K Chief of the Regulatory Branch, Army Corps of Engineers, P.O. Box 1890, Wilmington, N.C, 28402.5201. These wetlands perform a vital fLnction an keeping our drinking water clean, but they are not the only problem with the $rl Bypass. When it was designed, alraost.W years ago, Oak Hollow Lake did not exist, and that end of the bypass should be rerouted around the lake instead of pass. ing over it with a ramped bridge that will probably cause the .biological death of one arm of the lake. The road runoff that will get into the water from a heavily traveled four-lane road is pretty scary. It seems to me that only an aroused group of voters is capable of pushing both elected officials and bureaucrats Qke into being more responsible about a matter that is vital to all of us. Thanks for your help. • JUNE STACKHOUSE Westwood Avenue TOTAL P.02 An Independent Newspaper Founded 1885 `A 10 Church Ave., High Pointy N.C. 27261, (919) $8$-3500 IMPORTANT N.C. Dept. of Environment, Health, and Natural Resources ?v v(? Printed on Recycled Paper { 1?. MEMO 15?/91 DATE: TO: SUBJECT: ?,???; US 3(l 4?P?IF 45 I?Z CAMnvw??115 Ord Yee. ],A kjj - 'T JMJ noo From: North Carolina Department of Environment Health, and Natural Resources @p printed on Recycled Paper t t? '* V A. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES WINSTON-SALEM REGIONAL OFFICE DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION October 29, 1991 M E M O R A N D U M To: John Dorney Through: Steve Mauney JQ'N From: Eric Galamb SUBJECT: Public Hearing US 311 East Belt High Point Guilford County Due to the unusual number of requests to review the subject file, I suggest that a public hearing for the proposed US 311 East Belt be considered. cc: WSRO ' 16:27 %Y020 CITY OF HIGH PT. City of High North Carolina 1?1 Date 13c.W Q001/003 poi nt yac''N From: City of High Point 211 South Rmilton Street P.O. Box 230 High Point, N.C. 27260 Oa? Total Pages (Including the Cower Sheet) Fax: (919) 8833419 Tel: (919) 883- tic, Comments:--aLk Fax M s 11/0$iyl 16:2$ V020 CITY OF HIGH PT. CI'T'Y OF Hj(;H POINT NORTH CAROLINA November 9, 1991 Mr. John Dorney N.C. Division of Environmental Management Water Quality Planning P.O. Box 29535 Raleigh, NC 27626-0535 Dear Mr. Dorney: a 002/003 The City of High Point formally requests that a public hearing be held in High Point concerning wetland loss within our water supply watershed from the construction of the proposed US 311 By Pass. We are very much concerned with the impact of the proposed ramp D on the wetland and its effect on the quality of water in our water supply reservoir. Enclosed you will find specific concerns and questions raised by Mr. Linwood O'Neal, Director of Water & sewer for the City of High Point. Thank you for your consideration of this matter, and we look forward to hearing from you. Sincerely, <qn e. Roy B. Culler, Mayor City of High Point, NC Post Offlee Box 230, High Point, North Carolina, 27261, FAX 919.883-3419 ??-? ? 11/OS/yl lb:Lu NZKO $020 CITY OF HIGH PT. To: Roy B. Culler, Mayor From: Linwood E. O'Neal, Director of Water & Seweri_64? Date: November 7, 1991 Subject: US 311 By Pass Impact on Wetlands We have recently been made aware of the potential impact upon wetlands within our watershed along the proposed US 311 bypass. We understand that NCDOT plans to proceed with this project under a Nationwide Permit 26. The City of High Point was told that a Nationwide Permit 26 can only be used once in a watershed, and that rarely can wetland impacts exceed 4 acres. Does this mean that NCDOT can no longer use this permit in the Oak Hollow watershed? We question how this project can be permitted under Nationwide 26 when obviously I-40, which is currently under construction, was permitted under Nationwide 26. On City projects, on-site mitigation is required, yet NCDOT apparently has the flexibility to debit the Company Swamp Mitigation Bank in Eastern North Carolina. From our negotiations with the COE on city projects, the issue of an acceptable mitigation ratio has been raised. Typically we have been instructed that a 3:1 ratio would be required due to the uncertainty and quality of created wetlands. The NCDOT is only proposing a 1:1 mitigation ratio. Is this a special proviso for NCDOT only? In figure 2A of the NCDOT mitigation plan they show converting existing city owned land within the flood plain. It is the City's understanding that any conversion of this property requires BOR concurrence due to the source of funding on the Oak Hollow Lake property. Q 003/003 We recommend that you request a local hearing to be held in the City of High Point to address these issues and other concerns of our citizens. WETLAND RATING SYSTEM WORKSHEET Project No. or description Or I 1 Location River bas and nearest permanent stream Evaluator Agency and address Date and time evaluated Major Wetland Type _ ? ? 101 Approximate size of?wetland system acres Approximate ex?ent of wetlands in area i? acres r within Three most domi?` a t plant species (in order): Soil Series (if known) Hydrologic indicators Direct hydrologic ci'rcle` one4 TES NO Existing Conditions Drainage-, Disturbance Restoration potential Does site provide habitat for endangered or threatened species?* If yes, then score equals 100%. State reasons for exceptional status. Item No. I. Location/Landscape Score (circle one) 1 Natural area buffer 5 co) 2 Sensitive.watershed 5 1 0 II. Ecological Values- 3 Special ecological attributes 5 3 4 Dispersal corridor system 0 0 5 Wildlife 5 03 1 0 6 Aquatic life 5 3 1 0 7 water storage 5 1 0 8 Streambank stabilization 3 1 0 9 Removal sediment/toxicant ` 3 1 0 10 Removal/transform nutrients 5 1 0 11 Groundwater recharge/discharge 5 3 0 III. Human Values 12 Outdoor recreation/education 5 1 0 13 Commercial value 5 1 0 'i'oral score Percent score (out of a total of 65 points) -? Site description and notes: 12 WETLAND RATING SYSTEM WORKSHEET Project No. or -description Location River basin and nearest permanent stream Evaluator i Agency and address Date and time evaluated Major Wetland Type' Approximate size of wetland system acres Approximate extent of wetlands in area _acres 7, miles Three most dominant plant species (in order) ?.,..-.- Soil Series (if known) CJ' Hydrologic indicators }s, c<?J Direct hydrologic connection? ('circle one) YES' NO Existing Conditions Drainage Disturbance Restoration Does site provide habitat for endangered or threatened species? If yes, then score equals 100%. State reasons for exceptional status. Item No. I. Location/Landscape Score (circle one) 1 Natural area buffer 5 O D 2 Sensitive watershed f ° 5 ; 0 II. Ecological Values . 3 Special ecological attributes 3 0 4 Dispersal corridor system 0 5 Wildlife 6 Aquatic life 5 t 1 1 0 0 7 Water storage 5 3- 1 0 8 Streambank stabilization 0,5 3 1 0 9 Removal sediment/toxicant 5 3 1 0 10 11 Removal/transform nutrients 5' 3 1 0 III Groundwater recharge/discharge 5 3 " 0 . . Hum an Values 12 Outdoor recreation/education 3 1 0 13 Commercial value 3 0 Total score P ` ercent score _ (out of a total of 65 point s'y Site desc ription and notes: 12 'i 0 DATE: 0V1(-1:' C TO. t SUBJECT: 3 X 0. NTrleef- U 7?. 1???. JaC? (rn,k-Q is?s3? w?la?L15 : V?a_ V•?4b? 6ya+? wmdd 1 ??? NL srntF O ?._ . o North Carolina Department of Environment Health and Natural Resources , printed ?n Recycled Paper Bell.mem/D-2 cc: Eric Galamb, WSRO Steve Tedder George Everett REGIONAL OFFICES ;tt, Ph.D. Director :s lone well )sect has BEM )n 1_n .7ould Asheville Fayetteville Mooresville Ralcigh WashinLlon Wilmington Winston-Salem 704/251-6208 919/486-1541 704/663-1699 919/733-23]4 919/946-6431 919/395-3900 919/896-7007 Pollution Prevention PaNs P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer e o` SrATF State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor William W. Cobey, Jr., Secretary October 17, 1991 Regional Offices Asheville MEMORANDUM 704/251-6208 Fayetteville TO: Dennis. Stewart, WRC 919/486-1541 Tom We lbor ne , U.S. EPA Mooresville Jahn Thomas, COE 704/663-1699 FROM: John Dorne lq?w Raleigh 919/733-2314 Washington RE : Review of N.C. DOT project, 919/946-6481 Nationwide 26 permit Wilmington High Point, Guilford County 919/395-3900 George T. Everett, Ph.D. Director US 311, East Beltway, Enclosed is the above mentioned project. DOT has revised Winston-Salem 919/896-7007 their earlier February 28 submittal to reflect additional wetland impact from the road. I have put out a public notice since the project is in a WS-II watershed. Please comment on the project to me by November 15, 1991. Please call me if you have any questions. I have visited the site twice, Eric Galamb (WSRO) has been there four times and Steve Leonard has been there once. Our field notes are available if needed. JD/kls Stewart2.mem/D-2 Enclosure cc: David Foster, EHNR Cyndi Bell, DOT P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 / Pollution Prevention Pays An Equal Opportunity Affirmative Action Employer 0C* 6t/?- 9 ?, 1991 P.O. 2?g ,Lf-v?s?o D , N. C. P .-© ATTN : Legal Ad Department ® I Dear Sir: ocb?- I SUBJECT: Public Notice Please publish the attached Public Noti e one time in the section set aside for Legal Advertisements in your newspaper. The publication should run on or before _ Please send the invoice for publication and three copies of the affida- vl lz of publication to the address given below. P&?-:nent cannot be processed without the affidavit of publication. N.C. Division of Environmental Management Water Quality Section P.O. Box 29535 Raleigh, N.C. 27626-0535 Attn: John Dorney if you have any questions concerning this matter, please call me at 919/733-5083. Sincerely yours, John Dorney 401 Certifications JRD/kls PubNot.ltr Attachment cc: John D ney i0 S RO vl? i e(? / f v n ?, ?? L " o NORTH CAROLINA DIVISION OF ENVIRONMENTAL MANAGEMENT V?,? L ra?1 PUBLIC NOTICE is hereby given that ? ? (a ?VY?'` 1 U , near , N rth Carolina, has applied to the North Carolina Div sion of Environmental Man- agement for a Water Quality Certification pursuant to Section 401 of the Federal Clean Water Act and Environmental Management Com- mission rules in 15A NCAC 2H .0500 and 15A NCAC 2B .0109. The activity for which the certification is sought is _6_'o Cl on the in County. The public is invited to comment on the above mentioned application to the Division of Environmental Management. Commen s shall be in writing and shall be received by the Division no later than 0j. 3l, 1991. Comments should be sent to N. C. Div - sion of Environmental Management, Water Quality Planning, Post Office Box 29535, Raleigh: North Carolina 27626-0535, Attention: John Dorney. A copy of he application is on file at the Division office at 70a? (W- ui 6(q),, SaQ , , North Carolina 27 10(0 (toiyLss-ev-,SaQg - Regional Office, _?jq-- %- f-lob-P during no'mal business hours and may be inspected by the public. DATE : ncv 1, 19 91 George T. Everett, Director North Carolina Division of Environmental Management ors ?Ulo' A LF us s? ' 13 ,' ,-r U NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT WINSTON-SALEM REGIONAL OFFICE WATER QUALITY SECTION April 10, 1991 M E M O R A N D U M TO: John Dorney THROUGH: M. Steve Mauney FROM: Eric Galamb X SUBJECT: 401 Certification U. S. 311 East Belt Road Construction Forsyth/Guilford County Charles Bell Demolition Landfill Rockingham County `• f .. ?' ??r mac, U Enclosed are the wetland rating for the subject sites. On April 9, 1991, you and I met and reviewed the U. S. 311 East Belt Road Construction site. We discussed the proposed location of Ramp D. The WSRO recommends that another route for ramp D be found. This ramp could be connected to Aberdeen Road and continue past Langdale Drive and stay out of the wetlands as much as possible. This wetland received a very high score. I do not agree with the size of the wetland as reported by DOT. I believe that over 10 acres of wetlands would be impacted and not 2.04 as reported. The wetlands are in the City of High Point's primary drinking water watershed. Therefore, it may be necessary to have Mr. Linwood O'Neal's approval. It behoves me that DOT wishes to mitigate with land that is already in public ownership. The WSRO does not recommend that a 401 Certificate be issued to the NC DOT for U. S. 311 East Belt Road Construction. The Charles Bell demolition landfill received a score of 38. This high score reflects the water supply watershed for the City of Reidsville, and the very good filtering ability of the wetland to remove sediments and nutrients. The removal of the wetland would inhibit the removal of nutrients in a nutrient sensitive watershed. .OR - 2 - Mollusks approximately 5 inches in length were observed. The WSRO recommends that a study from Fish & Wildlife identify the mollusks to see if they are a rare or endangered species. The proposed access and haul road west of the existing brush barrier will go through a wetland that was not delineated on the blueprint. Since Candy Creek is a water supply for the city of Reidsville, an approval from the City is needed. The WSRO reserves judgement on the project until the mollusk study is completed and approval from the City has been received. cc: WSRO t Project No. L?e i FoZni? it River WETLAND RATING SYSTEM WORKSHEET or description &S7' 2U7 sin ana nearest permanent stream vi$ `T Evaluator /G 6&Aw Agency aRd address :2!6 q/ &JS,Z'O Date and time evaluated ? e3 ??- Major Wetland Type ti rS? e!-ac Approximate size of wetland system_ 2.o acres Approximate extent of wetlands in area acres within miles Three most dominant plant species (in order) ds ? 1t Soil Series (if known) Hydrologic indicators Direct hydrologic connection? (circle one) YES NO Existing Conditi Drainage Disturbance Restoration . Does site provide habitat species? If yes, then score exceptional status. /Jo. for endangered or threatened equals 100%. State reasons for Item No. Score (circle one) I. Location/Landscape 1 Natural area buffer 0 2 Sensitive watershed 1 0 II. Ecological Values 3 Special ecological attributes 5 Q3 0 4 Dispersal corridor system C-S) 0 5 Wildlife 5 R 1 0 6 Aquatic life 5 1 0 7 Water storage Q 3 1 0 8 Streambank stabilization 5 © 1 0 9 Removal sediment/toxicant 3 1 0 10 Removal/transform nutrients 3 1 0 11 Groundwater recharge/discharge 1 0 III. Human values ' 12 Outdoor recreation/education 5 3 0 13 Commercial value 5 l 0 Total score Percent score ? °o (out of a total o 65 points) Site description and notes: -j--r G 12 DIVISION OF ENVIRONMENTAL MANAGEMENT June 10, 1991 MEMORANDUM TO: Steve Leonard FROM : John Dorne n)11f RE: Request for botanical site visit to N.C. DOT project, US 311 East Beltway, Guilford County N.C. DOT is proposing to fill about 4 acres of wetlands along Hiatt Branch in the City of High Point for a new beltway. The proposed alignment follows the valley of Hiatt Branch (about two miles upsteam of Oak Hollow Lake). During site visits in April and June, Eric Galamb (Winston-Salem Regional office) and I located a vernal pool/wetland area upstream of Aberdeen Road along Hiatt Branch. In April, the area had large numbers of skunk cabbage and other emergents. DOT plans to obliterate the site. The project is in temporary hiatus until they get more plans to us about alternative alignment. If possible, I'd like to have a "real" botanist (you) visit the site to look for rare plants. If possible, please contact Eric (919/896-7007) or myself to arrange a visit. If not possible, please advise. JD/kls Leonard.mem cc: Eric Galamb NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT WINSTON-SALEM REGIONAL OFFICE WATER QUALITY SECTION June 3, 1991 M E M O R A N D U M To: Through: From: SUBJECT: John Dorney Steve Maun Eric Galamb 401 Certification U.S. 311 East Belt Road Construction Forsyth/Guilford Counties On June 3, 1991, Cindi Bell and other DOT representatives meet with you and me to discuss the subject project. It was felt that the DOT did not satisfy our concerns. The DOT will construct a dam to flood an area proposed for mitigation. This dam should be a syphon type. A one lane Ramp D may reduce the impact on the wetlands. If the Division issues a 401 certificate after all impacts have been minimized, a condition of the 401 should allow for a denial of future 401's associated with the US 311 project. cc: WSRO F f d VVA CJ a t i . r Y F , - -------- --- -- l '' _ _ __._______._? .?_ _?_d _.__`________?__._.__._.________.._._______..?. 1 / ?f{ r JAMES G. MARTIN GOVERNOR THOMAS J. HARRELSON SECRETARY .° ?. srn STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION P.O. BOX 25201 RALEIGH 27611-5201 February 28, 1991 District Engineer U.S. Army Corps of Engineers P.O. Box 1890 Wilmington, North Carolina 28402. ATTN: Regulatory Branch DIVISION OF HIGHWAYS WILLIAM G. MARLEY, JR., P.E. STATE HIGHWAY ADMINISTRATOR m n 1091 .yy Ih' .f1.2 OJA' TY Planning Branch SUBJ: U.S. 311 East Belt from west of High Point Reservoir to 2000 feet west of N.C. 68, Eastchester Drive, Forsyth - Guilford Counties (State Project No. 8.1570601, TIP # R-609D) Dear Sir: The North Carolina Department of Transportation proposes to build a U.S. 311 East Belt from west of High Point Reservoir to 2000 feet west of N.C. 68, Eastchester Drive, as part of the U.S. 311 bypass of the cities of High Point and Archdale in Forsyth and Guilford Counties (Figure 1). In the process, Hiatt Branch will be rechannelized or culverted in order to accommodate proposed improvements. A total of 2.04 acres of wetlands will be filled. However, 2.07 acres of wetlands adjacent to Hiatt Branch (Figure 2) will be acquired and protected against further development. Best Management Practices will be implemented during the project to minimize any potential impacts to sensitive wetland areas. All wetlands impacted by this project (except Site II) are less than one acre in size, are located above the headwaters, and have an average daily flow of less than 5.0 cubic feet per second (CFS). Site II impacts only 2.04 acres of wetlands. Based on the forgoing conditions, this Pre-discharge Notification persuant to the Corps Nationwide Permit 26 (33 CFR 330.5 (a) (26)) is submitted. At Site I (Figures 1, 3 and 4) 900 feet of lateral channel relocation of Hiatt Branch will be required. The stream at this location has an average daily flow of 2.3 cubic feet per second (CFS), while a smaller, unnamed tributary flows into Hiatt Branch at this point at 0.5 CFS. The volume of fill below ordinary high water (O.H.W.) is 1,296 cy for the entire site. An Equal Opportunity/Affirmative Action Employer U.S. Army Corps of Engineers February 28, 1991 Page 2 At Site II (Figures 1, 5 and 6) 300 feet of lateral channel relocation is necessary. Hiatt Branch still maintains an average daily flow of only 2.3 CFS at this point. Fill below O.H.W. at this site is 920 cy. Also at this site, 2.04 acres of bottomland hardwoods wetlands will be impacted due to roadway construction. As shown in the enclosed mitigation plan, mitigation for this impact will be accomplished by acquiring and protecting 2.07 acres of bottomland hardwoods along Hiatt Branch which are developing in two, non-hydric soil associations (Chewacla and Enon). The Chewacla soils contain hydric soil inclusions of the Wehadkee Association which will promote the development of hydrophytic vegetation. At Site III (Figures 1 and 7) an unnamed tributary to Oak Hollow Lake will be relocated laterally and placed in a reinforced concrete box culvert (RCBC). This stream flows at an average daily flow of 0.9 CFS at this location.- The amount of fill below O.H.W. at this site is 241 cy. No wetlands other than the existing stream channel will be impacted by this action. Attached are the permit application and drawings depicting the proposed work at the three sites discussed above. By copy of this letter, we are also requesting that the Section 401 Water Quality Certificate be issued by the NC Department of Natural Resources and Community Development. If you require any further information, please contact Cynthia Bell of the NCDOT Planning and Environmental Unit at (919) 733-9770. Sincerely,V L.R. Good` h.D., PE Director, Programs, Policy and Budget cc: fir. John Dorney, DEM, DEHNR Mr. Kelly Barger, PE, Project Management Unit Mr. Don Morton, PE, Design Services Mr. A.L. Hankins, PE, Hydraulics Mr. John Smith, PE, Structure Division Mr. Dennis Pipkin, PE, Environmental Unit Mr. N.L. Graf, PE, FHWA Mr. W.D. Johnson, Roadside Environmental Mr. J.W. Watkins, PE, Division 7 Engineer DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NC 28402-1890 SAW26-87- ATTN: CESAW-CO-E PRE-DISCRARGE NOTIFICATION FORM FOR NATIONWIDE PERMIT 26 NOTES: If Item A.7. (below) is 10 acres or more or if any of the conditions listed in Section B. (below) are not met, the applicant must submit an individual permit application. Please contact the District for forms and information. Applicant is required to obtain a Section 401 Water quality Certi-"fication from the State of North Carolina for NWP 26 to be valid. This certification should, be furnished with this pre-discharge notification. PLEASE PRINT N.C. Department of Transportation - Division of..Highways A. ATTN: Dr. L.R. Goode, PE 1. NAME: Director, Programs, Policy and Budget 2.'" ADDRESS: P.O. Box 25201 9 , 11C 27611 3:= PHONE NUMBER (HOME): (WORK): (919) 733=2031 4 LOCATION OF PLANNED WORK: COUNTY: Forsyth-Guilford Counties SPECIFIC LOCATION (INCLUDE STREAM NAMES, ROAD NUMBERS F:TC Hiatt Branch adjacent to Aberdeen.Road,High Point, Nt .),?' S. DESCRIPTION OF PROPOSED WORK: Channel change of stream and fill of 2.04 acres of wetlands. 6. PURPOSE OF PROPOSED WORK: Construction of a new multi-lane highway as part of a bypass for the cit 7. APPROXIMATE. SIZE OF WATERS AND WETLANDS WHICH WILL BE LOST OR SUBSTANTIALLY ADVERSELY MODIFIED AS A RESULT OF THE PROPOSED WORK (EXPRESS IN TENTHS OF ACRES): 2.04 acres 8. INFORMATION THAT THE APPLICANT BELIEVES IS APPROPRIATE: S,ee cover letter and accom an ing mitigation plan. IMPORTANT To --,b iyu Date /1 Time ILE YOU WERE OUT V of- Phone qly ` 376 - 22& 7: AREA CODE NUMBER EXTENSION TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL Message&,,j N.C. Dept. of Environment, Health, and atural esources ?? Printed on Recycled Paper