HomeMy WebLinkAbout20000214 Ver 1_Complete File_20000204State of North Carolina
Department of Environment
and Natural Resources + FI.WA
Division of Water Quality
James B. Hunt, Jr., Governor NCDERR
Bill Holman, Secretary Kerr T. Stevens, Director
April 5, 2000
Guilford County
DWQ Project No. 000214
TIP U-2536A
APPROVAL of 401 Water Quality Certification
Mr. William D. Gilmore, P.E., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
P.O. Box 25201
Raleigh, NC, 27611-5201
Dear Mr. Gilmore
You have our approval, in accordance with the attached conditions and those listed below, to place till
material in 328 linear feer of streams for the purpose of constructing the High Point Intermediate Loop, US
311 (North Main Street) to Johnson Street. The project should be constructed in accordance with your
application dated January 10, 2000. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Number 3103. This certification corresponds to the
Nationwide Permit Number 14 issued by the Corps of Engineers. In addition, you should acquire any other
federal, state or local permits before you proceed with your project including (but not limited to) Sediment
and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire
with the accompanying 404 permit, unless otherwise specified in the Water Quality Certification.
This approval is valid solely for the purpose and design described in your application (unless modified
below). Should your project change, you must notify the DWQ and submit a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby
responsible for complying with all the conditions. If total wetland tills for this project (now or in the future)
exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to
remain valid, you must adhere to the conditions listed in the attached certifications as well as those listed
below.
Additional Conditions:
1)The Department of Transportation shall install Hazardous Spill Catch Basins as described in the permit
application. Final design plans for the basins shall be submitted for approval to the NC Division of Water
Quality prior to construction. Moreover, final "as built" plans shall be submitted to the Division of Water
Quality upon completion of the project's construction.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a
hearing, send a written petition that conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276111-7447.
This certification and its conditions are final and binding unless you ask for a hearing.
1621 Mail Service Center, Raleigh, North Carolina 2 'ri99- i 621 l elephone 919-733-5083 FAX 919-715-6048
An Equal Opportunit} Aff!rmativ:. 'r!;n.. Fm;.l; ?^ ;'n!^ :^ - ,--
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at 919-733-9646.
Sincerely,
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Central Files
I
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBER 14 (ROAD
CROSSINGS)
This General Certification is issued in conformity with the
requirements of Section 401, Public Laws 92-500 and 95-217 of the
United States and subject to the North Carolina Division of Water
Quality Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B .0200
for the discharge of fill material to waters and wetland areas as
described in 33 CFR 330 Appendix A (B) (14) of the Corps of Engineers
regulations (i.e., Nationwide Permit No. 14).The category of activities
shall include any fill activity for road crossing and is limited to fill
less thdn one-third of an acre. This Certification replaces Water
Quality Certification Number 2177 issued on November 5,
1987, Water Quality Certification Number 2666 issued on January 21, 1992
and Water Quality Certification Number 2732 issued on May 1, 1992. This
WQC is rescinded when the Corps of Engineers reauthorize Nationwide
Permit 14 or when deemed appropriate by the Director of the DWQ.
The State of North Carolina certifies that the specified
category of activity will not violate applicable portions of Sections
301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if
conducted in accordance with the conditions hereinafter set forth.
Conditions of Certification:
1. Proposed fill or substantial modification of wetlands or
waters under this General Certification requires written
concurrence from the Division of Water Quality;
2. The width of the fill is limited to the minimum needed for
the actual crossing;
3. The roadway width shall be as much as practicable
Ull;O 120004:_'0 PM
t and that no practicable alternative exists;
4. Pipes shall be installed under the road in all streams so as
to carry at least the 25 year storm event as outlined in the
most recent edition of the "North Carolina Erosion and
Sediment Control Planning and Design Manual" or "North
Carolina Surface Mining Manual" in order not to impede flow.
Pipes shall be placed at or below the elevation of the
streambed so as not to impede aquatic life movement;
5. That appropriate sediment and erosion control practices which
equal or exceed those outlined in the "North Carolina Erosion
and Sediment Control Planning and Design Manual" or "North
Carolina Surface Mining Manual" (available from the Division
of Land Resources in the DEHNR Regional and Central Offices)
i
are utilized to prevent exceedances of the appropriate
turbidity water quality standard (50 NTUs in streams and
rivers not designated as trout waters by DWQ; 25 NTUs in all
saltwater classes, and all lakes and reservoirs; and 10 NTUs
in trout waters);
6. All sediment and erosion control measures placed in wetlands
or waters shall be removed and the natural grade restored
after the Division of Land Resources has released the
pro3ect;
7. Measures shall be taken to prevent live or fresh concrete
from coming into contact with waters of the state until the
concrete has hardened;
8. If this Certification is used to access building sites, all
lots must be buildable without additional fill beyond that
allowed under other General Certifications. Deed
restrictions must be placed on the remaining wetlands on
these lots to restrict future fill. DWQ shall be sent copies
of all deed restrictions applied to these lots;
9. This Certification shall be utilized for wads from natural
ki-4i05/2000 1:20 11N1
high ground to natural high ground. The Certification for
f.
Nationwide Permit 18 may not be used in conjunction with this
Certification to create high ground for road access;
10. If an environmental document is required, this Certification
is not valid until a FONSI or ROD is issued by the State
Clearinghouse;
11. That additional site-specific conditions may be added to
projects proposed under this Certification in order to ensure
compliance with all applicable water quality and effluent
standards;
12. Concurrence from DWQ that this Certification applies to an
individual project shall expire three years from the date of
the cover letter from DWQ.
i
Non-compliance with or violation of the conditions herein set
forth by a specific fill project shall result in revocation of
this Certification for the project and may also result in criminal
and/or civil penalties.
The Director of the North Carolina Division of Water Quality may
require submission of a formal application for individual certification
for any project in this category of activity, if it is determined that
the project is likely to have a significant adverse effect upon water
quality or degrade the waters so that existing uses of the wetland or
downstream waters are precluded.
Public hearings may be held for specific applications or
group of applications prior to a Certification decision if deemed
in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: 11 February 1997.
04/05/2000 4 20 PNI,
gencert.l4
WQC # 3103
DIVISION OF WATER QUALITY
By
A. Preston Howard, Jr. P.E.
Director
04/()5/2000,1-,.'!) PM
1
My?
0 0 2 1 4
PAYMENT'
RECEIVED $ ? ?.
STATE OF NORTH CAROLINA
DEPARTNVIENT OF TRANSPORTATION
JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 DAVID MCCOY
GOVERNOR SECRETARY
January 10, 2000
U. S. Army Corps of Engineers w'
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Suite 120 Fffl -- 4
Raleigh, North Carolina 27615
l,.
Attention: Mr. Eric Alsmeyer
NCDOT Coordinator
Subject: Guilford County, High Point Intermediate Loop, US 311 (North Main
Street) to Johnson Street, State Project No. 9.8071087; TIP No. U-2536 A;
USACE Action Id 199404320.
The North Carolina Department of Transportation (NCDOT) proposes to
construct the final section of the High Point Intermediate Loop. The project involves
construction of a five-lane curb and gutter section from US 311 to Old Winston Road and
a four-lane divided section from Old Winston Road to Johnson Street. The let date for
the project is December 2000.
NEPA Documentation
The subject project has been described in a State Environmental Assessment
(EA), that was signed on September 28, 1995. The State Finding of No Significant
Impact (FONSI) for the project was signed on June 26, 1996. These documents,
particularly the EA, include studies pertaining to impacts to natural systems and protected
species for the combined project. Copies of these documents have been provided to
regulatory agencies involved in the permit review process.
Since completion of the FONSI, the bald eagle has been listed as a Threatened
Species by the U. S. Fish and Wildlife Service (USFWS) for Guilford County. The
NCDOT has evaluated the issue of the bald eagle, and has rendered a biological
conclusion of "No Effect". A copy of this biological conclusion is attached to this letter.
The NCDOT has committed to install a hazardous catchspill basin at two
locations. These locations are Intermediate Loop/ Pine Valley Drive (Station No. 18+50-
L- to 19+00-L-) and Intermediate Loop/ Johnson Street (Station No. 25+60-L- to 26+60-
L-). The NCDOT will also implement Design Standards in Sensitive Watershed erdlsion
control measures for areas draining to Oak Hollow Lake.
Previous Construction Activities
For construction purposes, the project has been divided into three sections. Table
1 summarizes project sections, let dates and termini.
Table 1. Proiect Sections for TIP No. U-2536
.Section Let Date Project Limits
A November 2000 US 311 (North Main Street) to Johnson Street
B June 1994 Johnson Street to NC 68 (Eastchester Drive)
C February 1999 NC 68 to 1471 (Montlieu Avenue)
Section B was completed in August 1995.
Section C has an estimated completion date of June 2001. This project was
authorized under a Section 404 General Permit 31 (USACE Action Id 199820226; WQC
401 Project #971061).
Project Impacts to Waters of the United States
Impacts to waters of the United States cannot be avoided in order to construct the
proposed project. Project impacts to surface waters result from the placement of a pipe
and culvert extension. The project lies in the Cape Fear River Basin (Hydrologic Catalog
Unit 03030003). Road construction will result in 0.04 acre of fill in surface water, 328
feet of impact to streams (perennial and intermittent streams, including 39 feet of stream
relocation) and 328 feet of stream loss.
Jurisdictional stream delineations were performed for the project on November
18, 1999 by NCDOT biologists. The stream delineation was performed using guidance
provided by the Division of Water Quality (DWQ), "Field location of streams, ditches
and ponding: Revision Number Six, Working Draft, dated February 10, 1997."
Site 1 involves impacts to an intermittent stream. There is 0.04 acre of impact to
surface waters and 253 feet of stream loss. Based on the impact parameters at this site,
the NCDOT believes that a Section 404 General Permit 31 or Nationwide 14 may be
applicable.
Impacts at Site 2 are to a perennial stream. There is <0.01 acre of impact to
surface waters and 75 feet of stream impact. Of the 75 feet impacted at this site, 33 feet
will be relocated in an open channel. Based on the impact parameters at this site, the
NCDOT believes that a Section 404 General Permit 31 or Nationwide Permit 14 may be
applicable.
i
Summary of Project Related Impacts
The NCDOT requests that the USACE authorize construction of the proposed
project under the appropriate Section 404 General Permit. The project involves
construction of the High Point Intermediate Loop from US 311 (North Main Street) to
Johnson Street. This project will result in 0.04 acre of surface water and 328 feet of
impact to streams (perennial and intermittent streams including 33 feet of stream
relocation).
Thank you for your assistance with the project. If you have any questions or need
any additional information concerning this project, please contact Mr. Phillip Todd of my
staff at (919) 733-7844, extension 314.
Sincerely,
William D. Gilmore, P. E., Manager
Project Development and Environmental Analysis Branch
WDG/pct
cc: Mr. David Franklin, USACE, Wilmington
Mr. John Dorney, NCDWQ, Raleigh
Mr. John Hefner, USFWS, Raleigh
Mr. David Cox, NCWRC, Northside
Mr. Tim Rountree, P. E., Structure Design
Mr. Calvin Leggett, P. E., Programming and TIP
Ms. Debbie Barbour, P. E., Highway Design
Mr. A. L. Hankins, P. E., Hydraulics Unit
Mr. John Alford, P. E., Roadway Design
Mr. Randy Wise, P. E., Roadside Environmental Unit
Mr. J. M. Mills, P. E., Division 7 Engineer
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N. C. DEPT. OF TRANSPORTA'T'ION
DIVISION OF HIGHWAYS
GUILFORD COUNTY
PROJECT:9.8071087 (U-2536A)
PROPOSED INTERMEDIATE LOOP
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DEM ID: CORPS ACTION ID: 199404320
TIP No. U-2536 A
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 14 or 31
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET).
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL
MANAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME: NC Dept. of Transportation; Project Development &
Environmental Analysis Branch
2. MAILING ADDRESS:
Post Office Box 25201
SUBDIVISION NAME;
CITY: Raleigh STATE: NC ZIP CODE:
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME
FROM MAILING ADDRESS ABOVE):
3. TELEPHONE NUMBER (HOME):
(WORK)
919-733-3141
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,
ADDRESS, PHONE NUMBER:
William D. Gilmore , P.E.r Manager
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS
TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Guilford NEAREST TOWN OR CITY: High Point
25201
(IF DIFFERENT
1
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
High Point Intermediate Loop from US 311 (North Main Street) to
Johnson Street
6. IMPACTED OR NEAREST STREAM/RIVER:
RIVER BASIN: Deep River Basin (Cape Fear)
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW),
WATER SUPPLY (WS-I OR WS-II)? YES [X) NO [] IF YES, EXPLAIN:
involves impact to a tributary to Oak Hollow Reservoir; NCDOT plans to
install emerciencv spill retention basin at Johnson Street/ Intermediate
Loop intersection and Intermediate Loop/ Pine Valley Road as well as
implement Design Standards in Sensitive Watersheds erosion control
measures
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)?YES[ ] NO[X]
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
No
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [X NO [] IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION): See Cover Letter
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ ) NO [X] IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND:
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT
SITE:
0.00 acres
2
At
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: EXCAVATION:
FLOODING: OTHER:
DRAINAGE: TOTAL ACRES TO BE IMPACTED: 0.00
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: See Cover Letter FT AFTER: FT
WIDTH BEFORE (based on normal high water contours): FT
WIDTH AFTER: FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: X PLACEMENT OF PIPE IN CHANNEL: X
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER: .
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND?
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY): Construction of High Point Intermediate Loop on new location
13. PURPOSE OF PROPOSED WORK: Construction of pubXic roadway
3
14. STATE REASONS
OUT IN WETLANDS.
IMPACTS):
Impacts to wetlands have been avoided.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR
PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL
HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT.
DATE CONTACTED: SL AWAMED (ATTACH RESPONSES FROM THESE AGENCIES.)
MEMID
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED: October 11, 1994 (see FONSI)
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE
OF PUBLIC (STATE) LAND?
YES [X] NO [] (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT
ENVIRONMENTAL DOCUMENT PURSUANT TO
CAROLINA ENVIRONMENTAL POLICY ACT?
REQUIRE PREPARATION OF AN
THE REQUIREMENTS OF THE NORTH
YES [X] NO [
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [X] NO [I
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF-ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369.
WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
(INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
4
4
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVI- INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL
INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21,
26, 29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE
PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS
50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
IMPACTED BY PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Forested, single
family residential, multi-family residential, commercial
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
OWNER'S/AGENT'S SIGNATURE DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
5
NY
o e 5144 o?
y r?
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 DAVID MCCOY
GOVERNOR SECRETARY
January 4, 2000
Memorandum to: File
From: Phillip Todd
Subject: Guilford County, High Point Intermediate Loop, US 311 (North
Main Street) to Johnson Street, State Project No. 9.8071087; TIP
No. U-2536 A.
Reference: State Environmental Assessment for TIP No. U-2536, signed
September 28, 1995.
The North Carolina Department of Transportation (NCDOT) proposes to
construct the final section of the High Point Intermediate Loop. The project involves
construction of a five-lane curb and gutter section from US 311 to Old Winston Road and
a four-lane divided section from Old Winston Road to Johnson Street.
There were no federally-protected species listed for Guilford County at the
completion of the State Environmental Assessment (EA). Since completion of the EA,
the U. S. Fish and Wildlife Service (USFWS) has listed the bald eagle (Haliaeetus
leucocephalus) for Guilford County. The purpose of this memorandum is to describe the
bald eagle and resolve the protected species issue for this project.
The bald eagle is listed as Threatened. Threatened species are those that are
likely to become endangered within the foreseeable future throughout all or a significant
portion of its range.
Adult bald eagles can be identified by their large white head and short white tail.
The body plumage is dark-brown to chocolate-brown in color. In flight bald eagles can
be identified by their flat wing soar.
Eagle nests are found in close proximity to water (within a half mile) with a clear
flight path to the water, in the largest living tree in an area, and having an open view of
the surrounding land. Human disturbance can cause an eagle to abandon otherwise
suitable habitat. The breeding season for the bald eagle begins in December or January.
if
Fish are the major food source for bald eagles. Other sources include coots, herons, and
wounded ducks. Food may be live or carrion.
Biological Conclusion: No Effect
Oak Hollow Lake is located within 0.5 mile of the eastern portion of the project
study area, associated with the intersection of High Point Intermediate Loop/Johnson
Street. The surrounding land use in the project study area nearest to Oak Hollow Lake
and the project area to be cleared is highly urbanized (apartment complex and
commercial development). The only natural community at the High Point Intermediate
Loop/Johnson Street is a riparian area that will be cleared to accommodate pipe extension
and a hazardous catchspill basin. It is highly unlikely that the bald eagle would utilize
such a secluded natural area surrounded by urbanization.
The N. C. Natural Heritage Program of rare species and unique habitats was
consulted on December 28, 1999 (USGS quadrangle maps of High Point West, Guilford,
and Kernersville). There were no element occurrences of the bald eagle surrounding Oak
Hollow Lake.
The impacted natural communities associated with the project do not support
habitat for the bald eagle. Construction of the project will not impact the bald eagle. A
biological conclusion of "No Effect" for the bald eagle is rendered.
PA`(MEN? ? ??
RECEIVED ? , ?;.
STATE OF NORTH CAROLINA
DEPARTNIENT OF TRANSPORTATION
JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 DAVID MCCOY
GOVERNOR SECRETARY
January 10, 2000
U. S. Army Corps of Engineers it
Raleigh Regulatory Field Office"
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
Attention: Mr. Eric Alsmeyer
NCDOT Coordinator
Subject: Guilford County, High Point Intermediate Loop, US 311 (North Main
Street) to Johnson Street, State Project No. 9.8071087; TIP No. U-2536 A;
USACE Action Id 199404320.
The North Carolina Department of Transportation (NCDOT) proposes to
construct the final section of the High Point Intermediate Loop. The project involves
construction of a five-lane curb and gutter section from US 311 to Old Winston Road and
a four-lane divided section from Old Winston Road to Johnson Street. The let date for
the project is December 2000.
NEPA Documentation
The subject project has been described in a State Environmental Assessment
(EA), that was signed on September 28, 1995. The State Finding of No Significant
Impact (FONSI) for the project was signed on June 26, 1996. These documents,
particularly the EA, include studies pertaining to impacts to natural systems and protected
species for the combined project. Copies of these documents have been provided to
regulatory agencies involved in the permit review process.
Since completion of the FONSI, the bald eagle has been listed as a Threatened
Species by the U. S. Fish and Wildlife Service (USFWS) for Guilford County. The
NCDOT has evaluated the issue of the bald eagle, and has rendered a biological
conclusion of "No Effect". A copy of this biological conclusion is attached to this letter.
The NCDOT has committed to install a hazardous catchspill basin at two
locations. These locations are Intermediate Loop/ Pine Valley Drive (Station No. 18+50-
L- to 19+00-L-) and Intermediate Loop/ Johnson Street (Station No. 25+604'L= to' 26+60-
L-). The NCDOT witi also implement Design Standards in Sensitive Watershed erosion
control measures for areas draining to Oak Hollow Lake.
Previous Construction Activities
For construction purposes, the project has been divided into three sections. Table
1 summarizes project sections, let dates and termini.
Tablej. Project` Sections for TIP No. U-2536
'Section Let Date . Project Limits
A November 2000 US 311 (North Main Street) to Johnson Street
B June 1994 Johnson Street to NC 68 (Eastchester Drive)
C February 1999 NC 68 to 1471 (Montlieu Avenue)
Section B was completed in August 1995.
Section C has an estimated completion date of June 2001. This project was
authorized under a Section 404 General Permit 31 (USACE Action Id 199820226; WQC
401 Project #971061).
Project Impacts to Waters of the United States
Impacts to waters of the United States cannot be avoided in order to construct the
proposed project. Project impacts to surface waters result from the placement of a pipe
and culvert extension. The project lies in the Cape Fear River Basin (Hydrologic Catalog
Unit 03030003). Road construction will result in 0.04 acre of fill in surface water, 328
feet of impact to streams (perennial and intermittent streams, including 39 feet of stream
relocation) and 328 feet of stream loss.
Jurisdictional stream delineations were performed for the project on November
18, 1999 by NCDOT biologists. The stream delineation was performed using guidance
provided by the Division of Water Quality (DWQ), "Field location of streams, ditches
and ponding: Revision Number Six, Working Draft, dated February 10, 1997."
Site 1 involves impacts to an intermittent stream. There is 0.04 acre of impact to
surface waters and 253 feet of stream loss. Based on the impact parameters at this site,
the NCDOT believes that a Section 404 General Permit 31 or Nationwide 14 may be
applicable.
Impacts at Site 2 are to a perennial stream. There is <0.01 acre of impact to
surface waters and 75 feet of stream impact. Of the 75 feet impacted at this site, 33 feet
will be relocated in an open channel. Based on the impact parameters at this site, the
NCDOT believes that a Section 404 General Permit 31 or Nationwide Permit 14 may be
applicable.
Summary of Project Related Impacts
The NCDOT requests that the USACE authorize construction of the proposed
project under the appropriate Section 404 General Permit. The project involves
construction of the High Point Intermediate Loop from US 311 (North Main Street) to
Johnson Street. This project will result in 0.04 acre of surface water and 328 feet of
impact to streams (perennial and intermittent streams including 33 feet of stream
relocation).
Thank you for your assistance with the project. If you have any questions or need
any additional information concerning this project, please contact Mr. Phillip Todd of my
staff at (919) 733-7844, extension 314.
Sincerely,
?w William D. Gilmore, P. E., Manager
Project Development and Environmental Analysis Branch
WDG/pct
cc: Mr. David Franklin, USACE, Wilmington
Mr. John Dorney, NCDWQ, Raleigh
Mr. John Hefner, USFWS, Raleigh
Mr. David Cox, NCWRC, Northside
Mr. Tim Rountree, P. E., Structure Design
Mr. Calvin Leggett, P. E., Programming and TIP
Ms. Debbie Barbour, P. E., Highway Design
Mr. A. L. Hankins, P. E., Hydraulics Unit
Mr. John Alford, P. E., Roadway Design
Mr. Randy Wise, P. E., Roadside Environmental Unit
Mr. J. M. Mills, P. E., Division 7 Engineer
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PROJECT: 9.8071087 (U-2536A)
PROPOSED INTERMEDIATE LOOP
FROM LJS311 TO JOHNSON ST.
IN HIGH POINT, N.C.
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DIVISION OF HIGHWAYS
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PROJECT: 9.8071087 (U-2536A)
PROP. INTERMEDIATE LOOP FROM
US 311 TO JOHNSON ST.
IN HIGH POINT, N.C.
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DEM ID
CORPS ACTION ID: 199404320
TIP No. U-2536 A
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 14 or 31
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET).
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL
MANAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME: NC Dept. of Transportation; Project Development &
Environmental Analysis Branch
2. MAILING ADDRESS:
Post Office Box 25201
SUBDIVISION NAME'.
CITY: Raleigh STATE: NC ZIP CODE:
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME
FROM MAILING ADDRESS ABOVE):
3. TELEPHONE NUMBER (HOME):
(WORK)
919-733-3141
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,
ADDRESS, PHONE NUMBER:
William D. Gilmore , P.E., Manager
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS
TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Guilford NEAREST TOWN OR CITY: High Point
25201
(IF DIFFERENT
1
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
High Point Intermediate Loop from US 311 (North Main Street) to
Johnson Street
6. IMPACTED OR NEAREST STREAM/RIVER:
RIVER BASIN: Deep River Basin (Cape Fear)
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW),
WATER SUPPLY (WS-I OR WS-II)? YES [X) NO [] IF YES, EXPLAIN:
involves impact to a tributary to Oak Hollow Reservoir; NCDOT plans to
install emergency spill retention basin at Johnson Street/ Intermediate
Loop intersection and Intermediate Loop/ Pine Valley Road as well as
implement Design Standards in Sensitive Watersheds erosion control
measures
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)?YES[ ] NO[X]
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOF
LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATIC':
No
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE
THIS PROPERTY? YES [X NO [] IF YES, PROVIDE ACTION I.D. NUMBER
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF
CERTIFICATION): See Cover Letter
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ ) NO [X] IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND:
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT
SITE:
0.00 acres
2
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: EXCAVATION:
FLOODING:
DRAINAGE:
OTHER:
TOTAL ACRES TO BE IMPACTED:
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: See Cover Letter FT AFTER: FT
WIDTH BEFORE (based on normal high water contours):
WIDTH AFTER: FT
AVERAGE DEPTH BEFORE: FT AFTER:
FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: X PLACEMENT OF PIPE IN CHANNEL: X
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER: .
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND?
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY): Construction of High Point Intermediate Loop on new location
13. PURPOSE OF PROPOSED WORK: Construction of public roadway
3
Fl
u
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS):
Impacts to wetlands have been avoided.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR
PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL
HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT.
DATE CONTACTED:'SM AWACAEO (ATTACH RESPONSES FROM THESE AGENCIES.)
NKSND
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED: October 11, 1994 (see FONSI)
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE
OF PUBLIC (STATE) LAND?
YES [X] NO [] (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN
ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH
CAROLINA ENVIRONMENTAL POLICY ACT?
YES [X] NO [I
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [X] NO [I
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369.
4
4
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL
INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21,
26, 29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE
PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS
50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
IMPACTED BY PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Forested, single
family residential, multi-family residential, commercial
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
OWNER'S/AGENT'S SIGNATURE DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
5
i
M STAR
n?
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. P.O. BOX 25201. RALEIGH, N.C. 27611-5201 DAVID MCCOY
GOVERNOR SECRETARY
January 4, 2000
Memorandum to: File
From: Phillip Todd
Subject: Guilford County, High Point Intermediate Loop, US 311 (North
Main Street) to Johnson Street, State Project No. 9.8071087; TIP
No. U-2536 A.
Reference: State Environmental Assessment for TIP No. U-2536, signed
September 28, 1995:
The North Carolina Department of Transportation (NCDOT) proposes to
construct the final section of the High Point Intermediate Loop. The project involves
construction of a five-lane curb and gutter section from US 311 to Old Winston Road and
a four-lane divided section from Old Winston Road to Johnson Street.
There were no federally-protected species listed for Guilford County at the
completion of the State Environmental Assessment (EA). Since completion of the EA,
the U. S. Fish and Wildlife Service (USFWS) has listed the bald eagle (Haliaeetus
leucocephalus) for Guilford County. The purpose of this memorandum is to describe the
bald eagle and resolve the protected species issue for this project.
The bald eagle is listed as Threatened. Threatened species are those that are
likely to become endangered within the foreseeable future throughout all or a significant
portion of its range.
Adult bald eagles can be identified by their large white head and short white tail.
The body plumage is dark-brown to chocolate-brown in color. In flight bald eagles can
be identified by their flat wing soar.
Eagle nests are found in close proximity to water (within a half mile) with a clear
flight path to the water, in the largest living tree in an area, and having an open view of
the surrounding land. Human disturbance can cause an eagle to abandon otherwise
suitable habitat. The breeding season for the bald eagle begins in December or January.
f
Fish are the major food source for bald eagles. Other sources include coots, herons, and
wounded ducks. Food may be live or carr; , li.
Biological Conclusion: No Effect
Oak Hollow Lake is located within 0.5 mile of the eastern portion of the project
study area, associated with the intersection of High Point Intermediate Loop/Johnson
Street. The surrounding land use in the project study area nearest to Oak Hollow Lake
and the project area to be cleared is highly urbanized (apartment complex and
commercial development). The only natural community at the High Point Intermediate
Loop/Johnson Street is a riparian area that will be cleared to accommodate pipe extension
and a hazardous catchspill basin. It is highly unlikely that the bald eagle would utilize
such a secluded natural area surrounded by urbanization.
The N. C. Natural Heritage Program of rare species and unique habitats was
consulted on December 28, 1999 (USGS quadrangle maps of High Point West, Guilford,
and Kernersville). There were no element occurrences of the bald eagle surrounding Oak
Hollow Lake.
The impacted natural communities associated with the project do not support
habitat for the bald eagle. Construction of the project will not impact the bald eagle. A
biological conclusion of "No Effect" for the bald eagle is rendered.
I
PAYMENT
RECEIVED
???yyy???YYY
e M? o?
0, fJ f-) 14
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201
GOVERNOR
January 10, 2000
U. S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Suite 120 .:
Raleigh, North Carolina 27615 1
Attention: Mr. Eric Alsmeyer
NCDOT Coordinator
DAVID MCCOY
SECRETARY
Subject: Guilford County, High Point Intermediate Loop, US 311 (North Main
Street) to Johnson Street, State Project No. 9.8071087; TIP No. U-2536 A;
USACE Action Id 199404320.
The North Carolina Department of Transportation (NCDOT) proposes to
construct the final section of the High Point Intermediate Loop. The project involves
construction of a five-lane curb and gutter section from US 311 to Old Winston Road and
a four-lane divided section from Old Winston Road to Johnson Street. The let date for
the project is December 2000.
NEPA Documentation
The subject project has been described in a State Environmental Assessment
(EA), that was signed on September 28, 1995. The State Finding of No Significant
Impact (FONSI) for the project was signed on June 26, 1996. These documents,
particularly the EA, include studies pertaining to impacts to natural systems and protected
species for the combined project. Copies of these documents have been provided to
regulatory agencies involved in the permit review process.
Since completion of the FONSI, the bald eagle has been listed as a Threatened
Species by the U. S. Fish and Wildlife Service (USFWS) for Guilford County. The
NCDOT has evaluated the issue of the bald eagle, and has rendered a biological
conclusion of "No Effect". A copy of this biological conclusion is attached to this letter.
The NCDOT has committed to install a hazardous catchspill basin at two
locations. These locations are Intermediate Loop/ Pine Valley Drive (Station No. 18+50-
L- to 19+00-L-) and Intermediate Loop/ Johnson Street (Station No. 25+60-I'L- to 26+60-
L-). The NCDOT will also implement Design Standards in Sensitive Watershed erosion
control measures for areas draining to Oak Hollow Lake.
Previous Construction Activities
For construction purposes, the project has been divided into three sections. Table
1 summarizes project sections, let dates and termini.
Table L Project Sections for TIP No. U-2536
Section Let Date Project Limits
A November 2000 US 311 (North Main Street) to Johnson Street
B June 1994 Johnson Street to NC 68 (Eastchester Drive)
C February 1999 NC 68 to 1471 (Montlieu Avenue)
Section B was completed in August 1995.
Section C has an estimated completion date of June 2001. This project was
authorized under a Section 404 General Permit 31 (USACE Action Id 199820226; WQC
401 Project #971061).
Project Impacts to Waters of the United States
Impacts to waters of the United States cannot be avoided in order to construct the
proposed project. Project impacts to surface waters result from the placement of a pipe
and culvert extension. The project lies in the Cape Fear River Basin (Hydrologic Catalog
Unit 03030003). Road construction will result in 0.04 acre of fill in surface water, 328
feet of impact to streams (perennial and intermittent streams, including 39 feet of stream
relocation) and 328 feet of stream loss.
Jurisdictional stream delineations were performed for the project on November
18, 1999 by NCDOT biologists. The stream delineation was performed using guidance
provided by the Division of Water Quality (DWQ), "Field location of streams, ditches
and ponding: Revision Number Six, Working Draft, dated February 10, 1997."
Site 1 involves impacts to an intermittent stream. There is 0.04 acre of impact to
surface waters and 253 feet of stream loss. Based on the impact parameters at this site,
the NCDOT believes that a Section 404 General Permit 31 or Nationwide 14 may be
applicable.
Impacts at Site 2 are to a perennial stream. There is <0.01 acre of impact to
surface waters and 75 feet of stream impact. Of the 75 feet impacted at this site, 33 feet
will be relocated in an open channel. Based on the impact parameters at this site, the
NCDOT believes that a Section 404 General Permit 31 or Nationwide Permit 14 may be
applicable.
Summary of Project Related Impacts
The NCDOT requests that the USACE authorize construction of the proposed
project under the appropriate Section 404 General Permit. The project involves
construction of the High Point Intermediate Loop from US 311 (North Main Street) to
Johnson Street. This project will result in 0.04 acre of surface water and 328 feet of
impact to streams (perennial and intermittent streams including 33 feet of stream
relocation).
Thank you for your assistance with the project. If you have any questions or need
any additional information concerning this project, please contact Mr. Phillip Todd of my
staff at (919) 733-7844, extension 314.
Sincerely,
William D. Gilmore, P. E., Manager
Project Development and Environmental Analysis Branch
WDG/pct
cc: Mr. David Franklin, USACE, Wilmington
Mr. John Dorney, NCDWQ, Raleigh
Mr. John Hefner, USFWS, Raleigh
Mr. David Cox, NCWRC, Northside
Mr. Tim Rountree, P. E., Structure Design
Mr. Calvin Leggett, P. E., Programming and TIP
Ms. Debbie Barbour, P. E., Highway Design
Mr. A. L. Hankins, P. E., Hydraulics Unit
Mr. John Alford, P. E., Roadway Design
Mr. Randy Wise, P. E., Roadside Environmental Unit
Mr. J. M. Mills, P. E., Division 7 Engineer
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N. C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
GUILFORD COUNTY
PROJECT: 9.8071087 (U-2536A)
PROPOSED INTERMEDIATE LOOP
FROM US511 TO JOHNSON ST.
IN HIGH POINT, N.C.
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PROJECT: 9.8071087 (U-2536A)
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IN HIGH POINT, N.C.
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DEM ID: CORPS ACTION ID: 199404320 T•IP No. U-2536 A
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 14 or 31
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET).
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL
MANAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME: NC Dept. of Transportation; Project Development &
Environmental Analysis Branch
2. MAILING ADDRESS: Post Office Box 25201
SUBDIVISION NAME:
CITY: Raleigh STATE: NC ZIP CODE: 25201
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT
FROM MAILING ADDRESS ABOVE):
3. TELEPHONE NUMBER (HOME):
(WORK)
919-733-3141
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,
ADDRESS, PHONE NUMBER:
William D. Gilmore , P.E., Manager
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS
TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Guilford NEAREST TOWN OR CITY: High Point
1
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
High Point Intermediate Loop from US 311 (North Main Street) to
Johnson Street
6. IMPACTED OR NEAREST STREAM/RIVER:
RIVER BASIN: Deep River Basin (Cape Fear)
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW),
WATER SUPPLY (WS-I OR WS-II)? YES [X} NO [] IF YES, EXPLAIN:
involves impact to a tributary to Oak Hollow Reservoir; NCDOT plans to
install emergency spill retention basin at Johnson Street/ Intermediate
intersection and Intermediate Loop/ Pine Valley Road as well as
implement Design Standards in Sensitive Watersheds erosion control
measures
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)?YES[ ] NO[X]
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
No
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [X NO [] IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION): See Cover Letter
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ } NO [X] IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND:
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT
SITE:
0.00 acres
2
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: EXCAVATION:
FLOODING: OTHER:
DRAINAGE: TOTAL ACRES TO BE IMPACTED: 0.00
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: See Cover Letter FT AFTER: FT
WIDTH BEFORE (based on normal high water contours): FT
WIDTH AFTER: FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: X PLACEMENT OF PIPE IN CHANNEL: X
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER: .
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND?
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY): Construction of High Point Intermediate Loop on new location
13. PURPOSE OF PROPOSED WORK: Construction of public roadway
3
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS):
Impacts to wetlands have been avoided.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR
PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL
HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT.
DATE CONTACTED: SM AI MED (ATTACH RESPONSES FROM THESE AGENCIES.)
MIAINO
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED: October 11, 1994 (see FONSI)
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE
OF PUBLIC (STATE) LAND?
YES [X] NO [] (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN
ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH
CAROLINA ENVIRONMENTAL POLICY ACT?
YES [X] NO []
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [X] NO []
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369.
4
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL
INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21,
26, 29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE
PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS
50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
IMPACTED BY PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Forested, single
family residential, multi-family residential, commercial
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
/. L .
OWNER'S/AGENT'S SIGNATURE DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
5
??ED
a yam,
all
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 DAVID MCCOY
GOVERNOR SECRETARY
January 4, 2000
Memorandum to: File
From: Phillip Todd
Subject: Guilford County, High Point Intermediate Loop, US 311 (North
Main Street) to Johnson Street, State Project No. 9.8071087; TIP
No. U-2536 A.
Reference: State Environmental Assessment for TIP No. U-2536, signed
September 28, 1995.
The North Carolina Department of Transportation (NCDOT) proposes to
construct the final section of the High Point Intermediate Loop. The project involves
construction of a five-lane curb and gutter section from US 311 to Old Winston Road and
a four-lane divided section from Old Winston Road to Johnson Street.
There were no federally-protected species listed for Guilford County at the
completion of the State Environmental Assessment (EA). Since completion of the EA,
the U. S. Fish and Wildlife Service (USFWS) has listed the bald eagle (Haliaeetus
leucocephalus) for Guilford County. The purpose of this memorandum is to describe the
bald eagle and resolve the protected species issue for this project.
The bald eagle is listed as Threatened. Threatened species are those that are
likely to become endangered within the foreseeable future throughout all or a significant
portion of its range.
Adult bald eagles can be identified by their large white head and short white tail.
The body plumage is dark-brown to chocolate-brown in color. In flight bald eagles can
be identified by their flat wing soar.
Eagle nests are found in close proximity to water (within a half mile) with a clear
flight path to the water, in the largest living tree in an area, and having an open view of
the surrounding land. Human disturbance can cause an eagle to abandon otherwise
suitable habitat. The breeding season for the bald eagle begins in December or January.
Fish are the major food source for bald eagles. Other sources include coots, herons, and
wounded ducks. Food may be live or carrion.
Biological Conclusion: No Effect
Oak Hollow Lake is located within 0.5 mile of the eastern portion of the project
study area, associated with the intersection of High Point Intermediate Loop/Johnson
Street. The surrounding land use in the project study area nearest to Oak Hollow Lake
and the project area to be cleared is highly urbanized (apartment complex and
commercial development). The only natural community at the High Point Intermediate
Loop/Johnson Street is a riparian area that will be cleared to accommodate pipe extension
and a hazardous catchspill basin. It is highly unlikely that the bald eagle would utilize
such a secluded natural area surrounded by urbanization.
The N. C. Natural Heritage Program of rare species and unique habitats was
consulted on December 28, 1999 (USGS quadrangle maps of High Point West, Guilford,
and Kernersville). There were no element occurrences of the bald eagle surrounding Oak
Hollow Lake.
The impacted natural communities associated with the project do not support
habitat for the bald eagle. Construction of the project will not impact the bald eagle. A
biological conclusion of "No Effect" for the bald eagle is rendered.
PAYMENT
RECEIVED a yo
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 DAVID MCCOY
GOVERNOR SECRETARY
January 10, 2000
U. S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Suite 120
i
Raleigh, North Carolina 27615 L. d;
x..
Attention: Mr. Eric Alsmeyer
NCDOT Coordinator
Subject: Guilford County, High Point Intermediate Loop, US 311 (North Main
Street) to Johnson Street, State Project No. 9.8071087; TIP No. U-2536 A;
USACE Action Id 199404320.
The North Carolina Department of Transportation (NCDOT) proposes to
construct the final section of the High Point Intermediate Loop. The project involves
construction of a five-lane curb and gutter section from US 311 to Old Winston Road and
a four-lane divided section from Old Winston Road to Johnson Street. The let date for
the project is December 2000.
NEPA Documentation
The subject project has been described in a State Environmental Assessment
(EA), that was signed on September 28, 1995. The State Finding of No Significant
Impact (FONSI) for the project was signed on June 26, 1996. These documents,
particularly the EA, include studies pertaining to impacts to natural systems and protected
species for the combined project. Copies of these documents have been provided to
regulatory agencies involved in the permit review process.
Since completion of the FONSI, the bald eagle has been listed as a Threatened
Species by the U. S. Fish and Wildlife Service (USFWS) for Guilford County. The
NCDOT has evaluated the issue of the bald eagle, and has rendered a biological
conclusion of "No Effect". A copy of this biological conclusion is attached to this letter.
The NCDOT has committed to install a hazardous catchspill basin at two
locations. These locations are Intermediate Loop/ Pine Valley Drive (Station No. 18+50-
1
L- to 19+00-L-) and Intermediate Loop/ Johnson Street (Station No. 25+60,L- to 26+60-
L-). The NCDOT will also implement Design Standards in Sensitive Watershed erosion
control measures for areas draining to Oak Hollow Lake.
Previous Construction Activities
For construction purposes, the project has been divided into three sections. Table
1 summarizes project sections, let dates and termini.
Tablet. Project Sections for TIP No. U-2536
Section Let Date Project Limits
A November 2000 US 311 (North Main Street) to Johnson Street
B June 1994 Johnson Street to NC 68 (Eastchester Drive)
C February 1999 NC 68 to 1471 (Montlieu Avenue)
Section B was completed in August 1995.
Section C has an estimated completion date of June 2001. This project was
authorized under a Section 404 General Permit 31 (USACE Action Id 199820226; WQC
401 Project #971061).
Project Impacts to Waters of the United States
Impacts to waters of the United States cannot be avoided in order to construct the
proposed project. Project impacts to surface waters result from the placement of a pipe
and culvert extension. The project lies in the Cape Fear River Basin (Hydrologic Catalog
Unit 03030003). Road construction will result in 0.04 acre of fill in surface water, 328
feet of impact to streams (perennial and intermittent streams, including 39 feet of stream
relocation) and 328 feet of stream loss.
Jurisdictional stream delineations were performed for the project on November
18, 1999 by NCDOT biologists. The stream delineation was performed using guidance
provided by the Division of Water Quality (DWQ), "Field location of streams, ditches
and ponding: Revision Number Six, Working Draft, dated February 10, 1997."
Site 1 involves impacts to an intermittent stream. There is 0.04 acre of impact to
surface waters and 253 feet of stream loss. Based on the impact parameters at this site,
the NCDOT believes that a Section 404 General Permit 31 or Nationwide 14 may be
applicable.
Impacts at Site 2 are to a perennial stream. There is <0.01 acre of impact to
surface waters and 75 feet of stream impact. Of the 75 feet impacted at this site, 33 feet
will be relocated in an open channel. Based on the impact parameters at this site, the
NCDOT believes that a Section 404 General Permit 31 or Nationwide Permit 14 may be
applicable.
1
Summary of Project Related Impacts
The NCDOT requests that the USACE authorize construction of the proposed
project under the appropriate Section 404 General Permit. The project involves
construction of the High Point Intermediate Loop from US 311 (North Main Street) to
Johnson Street. This project will result in 0.04 acre of surface water and 328 feet of
impact to streams (perennial and intermittent streams including 33 feet of stream
relocation).
Thank you for your assistance with the project. If you have any questions or need
any additional information concerning this project, please contact Mr. Phillip Todd of my
staff at (919) 733-7844, extension 314.
Sincerely,
William D. Gilmore, P. E., Manager
u Project Development and Environmental Analysis Branch
WDG/pct
cc: Mr. David Franklin, USACE, Wilmington
Mr. John Dorney, NCDWQ, Raleigh
Mr. John Hefner, USFWS, Raleigh
Mr. David Cox, NCWRC, Northside
Mr. Tim Rountree, P. E., Structure Design
Mr. Calvin Leggett, P. E., Programming and TIP
Ms. Debbie Barbour, P. E., Highway Design
Mr. A. L. Hankins, P. E., Hydraulics Unit
Mr. John Alford, P. E., Roadway Design
Mr. Randy Wise, P. E., Roadside Environmental Unit
Mr. J. M. Mills, P. E., Division 7 Engineer
31 1
68
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END
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SR 1471
N. C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
GUILFORD COUNTY
PROJECT: 9.8071087 (U-2536.x)
PROP. INTERMEDIATE LOOP FROM
US 311 TO JOHNSON ST.
IN HIGH POINT, N.C.
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PROJECT: 9.8071087 (U-2536A)
PROPOSED INTERMEDIATE LOOP
FROM US311 TO JOHNSON ST.
IN HIGH POINT, N.C.
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DIVISION OF HIGHWAYS
GUILFORD COUNTY
PROJECT: 9.8071087 (U-2536A)
PROP. INTERMEDIATE LOOP FROM
US 311 TO JOHNSON ST.
IN HIGH POINT, N.C.
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DEM ID
CORPS ACTION ID: 199404320 TIP No. U-2536 A
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 14 or 31
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET).
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL
MANAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME: NC Dept. of Transportation; Project Development &
Environmental Analysis Branch
2. MAILING ADDRESS: Post Office Box 25201
SUBDIVISION NAME
CITY: Raleigh STATE: NC ZIP CODE:
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME
FROM MAILING ADDRESS ABOVE):
3. TELEPHONE NUMBER (HOME):
YJYU1
(IF DIFFERENT
(WORK): 919-733-3141
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,
ADDRESS, PHONE NUMBER:
William D. Gilmore , P.E., Manager
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS
TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Guilford NEAREST TOWN OR CITY: High Point
1
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
High Point Intermediate Loop from US 311 (North Main Street) to
Johnson Street
6. IMPACTED OR NEAREST STREAM/RIVER:
RIVER BASIN: Deep River Basin (Cape Fear)
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW),
WATER SUPPLY (WS-I OR WS-II)? YES [X) NO [] IF YES, EXPLAIN:
involves impact to a tributary to Oak Hollow Reservoir; NCDOT plans to
install emergency spill retention basin at Johnson Street/ Intermediate
Loop intersection and Intermediate Loop/ Pine Valley Road as well as
implement Design Standards in Sensitive Watersheds erosion control
measures
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)?YES[ ] NO[X]
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
No
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [X NO [] IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION): See Cover Letter
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ } NO [X] IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND:
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT
SITE:
0.00 acres
2
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: EXCAVATION:
FLOODING: OTHER:
DRAINAGE:
TOTAL ACRES TO BE IMPACTED: 0.00
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: See Cover Letter FT AFTER: FT
WIDTH BEFORE (based on normal high water contours): FT
WIDTH AFTER: FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: X PLACEMENT OF PIPE IN CHANNEL: X
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER: .
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND?
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY): Construction of High Point Intermediate Loop on new location
13. PURPOSE OF PROPOSED WORK: Construction of public roadway
3
u
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS):
Impacts to wetlands have been avoided.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR
PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL
HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT.
DATE CONTACTED: SAR'L Aln%CMED (ATTACH RESPONSES FROM THESE AGENCIES.)
fvwA^o
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED: October 11, 1994 (see FONSI)
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE ['.
OF PUBLIC (STATE) LAND?
YES [X] NO [] (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN
ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH
CAROLINA ENVIRONMENTAL POLICY ACT?
YES [X] NO [I
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [X] NO [I
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369.
4
4
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL
INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21,
26, 29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE
PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS
50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
IMPACTED BY PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Forested, single
family residential, multi-family residential, commercial
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
1. L . '
OWNER'S/AGENT'S SIGNATURE DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
5
10
4?.,p
A4
N
y JAMES B. HUNT JR.
GOVERNOR
Memorandum to:
From:
Subject:
Reference:
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
P.O. BOX 25201, RALEIGH, N.C. 27611-5201
January 4, 2000
File
Phillip Todd 1??
DAVID MCCOY
SECRETARY
Guilford County, High Point Intermediate Loop, US 311 (North
Main Street) to Johnson Street, State Project No. 9.8071087; TIP
No. U-2536 A.
State Environmental Assessment for TIP No. U-2536, signed
September 28, 1995.
The North Carolina Department of Transportation (NCDOT) proposes to
construct the final section of the High Point Intermediate Loop. The project involves
construction of a five-lane curb and gutter section from US 311 to Old Winston Road and
a four-lane divided section from Old Winston Road to Johnson Street.
There were no federally-protected species listed for Guilford County at the
completion of the State Environmental Assessment (EA). Since completion of the EA,
the U. S. Fish and Wildlife Service (USFWS) has listed the bald eagle (Haliaeetus
leucocephalus) for Guilford County. The purpose of this memorandum is to describe the
bald eagle and resolve the protected species issue for this project.
The bald eagle is listed as Threatened. Threatened species are those that are
likely to become endangered within the foreseeable future throughout all or a significant
portion of its range.
Adult bald eagles can be identified by their large white head and short white tail.
The body plumage is dark-brown to chocolate-brown in color. In flight bald eagles can
be identified by their flat wing soar.
Eagle nests are found in close proximity to water (within a half mile) with a clear
flight path to the water, in the largest living tree in an area, and having an open view of
the surrounding land. Human disturbance can cause an eagle to abandon otherwise
suitable habitat. The breeding season for the bald eagle begins in December or January.
Fish are the major food source for bald eagles. Other sources include coots, herons, and
anded ducks. Food may be live or carrion.
Biological Conclusion: No Effect
Oak Hollow Lake is located within 0.5 mile of the eastern portion of the project
study area, associated with the intersection of High Point Intermediate Loop/Johnson
Street. The surrounding land use in the project study area nearest to Oak Hollow Lake
and the project area to be cleared is highly urbanized (apartment complex and
commercial developm, ..t). The only natural community at the High Point Intermediate
Loop/Johnson Street is a riparian area that will be cleared to accommodate pipe extension
and a hazardous catchspill basin. It is highly unlikely that the bald eagle would utilize
such a secluded natural area surrounded by urbanization.
The N. C. Natural Heritage Program of rare species and unique habitats was
consulted on December 28, 1999 (USGS quadrangle maps of High Point West, Guilford,
and Kernersville). There were no element occurrences of the bald eagle surrounding Oak
Hollow Lake.
The impacted natural communities associated with the project do not support
habitat for the bald eagle. Construction of the project will not impact the bald eagle. A
biological conclusion of "No Effect" for the bald eagle is rendered.
PAYME N i s1t, ()130? 14
RECEIVED S
TATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT 1R. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 DAVID MCCOY
GOVERNOR SECRETARY
January 10, 2000
U. S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
Attention: Mr. Eric Alsmeyer
NCDOT Coordinator
Subject: Guilford County, High Point Intermediate Loop, US 311 (North Main
Street) to Johnson Street, State Project No. 9.8071087; TIP No. U-2536 A;
USACE Action Id 199404320.
The North Carolina Department of Transportation (NCDOT) proposes to
construct the final section of the High Point Intermediate Loop. The project involves
construction of a five-lane curb and gutter section from US 311 to Old Winston Road and
a four-lane divided section from Old Winston Road to Johnson Street. The let date for
the project is December 2000.
NEPA Documentation
The subject project has been described in a State Environmental Assessment
(EA), that was signed on September 28, 1995. The State Finding of No Significant
Impact (FONSI) for the project was signed on June 26, 1996. These documents,
particularly the EA, include studies pertaining to impacts to natural systems and protected
species for the combined project. Copies of these documents have been provided to
regulatory agencies involved in the permit review process.
Since completion of the FONSI, the bald eagle has been listed as a Threatened
Species by the U. S. Fish and Wildlife Service (USFWS) for Guilford County. The
NCDOT has evaluated the issue of the bald eagle, and has rendered a biological
conclusion of "No Effect". A copy of this biological conclusion is attached to this letter.
The NCDOT has committed to install a hazardous catchspill basin at two
locations. These locations are Intermediate Loop/ Pine Valley Drive (Station No. 18+50-
L- to 19+00-L-) and Intermediate Loop/ Johnson Street (Station No. 25+60-L- to 26+60-
L-). The NCDOT will also implement Design Standards in Sensitive Watershed erosion
control measures for areas draining to Oak Hollow Lake.
Previous Construction Activities
For construction purposes, the project has been divided into three sections. Table
1 summarizes project sections, let dates and termini.
Table 1. Project Sections for TIP'No. U-2536
Section Let Date Project Limits
A November 2000 US 311 (North Main Street) to Johnson Street
B June 1994 Johnson Street to NC 68 (Eastchester Drive)
C February 1999 NC 68 to 1471 (Montlieu Avenue)
Section B was completed in August 1995.
Section C has an estimated completion date of June 2001. This project was
authorized under a Section 404 General Permit 31 (USAGE Action Id 199820226; WQC
401 Project #971061).
Project Impacts to Waters of the United States
Impacts to waters of the United States cannot be avoided in order to construct the
proposed project. Project impacts to surface waters result from the placement of a pipe
and culvert extension. The project lies in the Cape Fear River Basin (Hydrologic Catalog
Unit 03030003). Road construction will result in 0.04 acre of fill in surface water, 328
feet of impact to streams (perennial and intermittent streams, including 39 feet of stream
relocation) and 328 feet of stream loss.
Jurisdictional stream delineations were performed for the project on November
18, 1999 by NCDOT biologists. The stream delineation was performed using guidance
provided by the Division of Water Quality (DWQ), "Field location of streams, ditches
and ponding: Revision Number Six, Working Draft, dated February 10, 1997."
Site 1 involves impacts to an intermittent stream. There is 0.04 acre of impact to
surface waters and 253 feet of stream loss. Based on the impact parameters at this site,
the NCDOT believes that a Section 404 General Permit 31 or Nationwide 14 may be
applicable.
Impacts at Site 2 are to a perennial stream. There is <0.01 acre of impact to
surface waters and 75 feet of stream impact. Of the 75 feet impacted at this site, 33 feet
will be relocated in an open channel. Based on the impact parameters at this site, the
NCDOT believes that a Section 404 General Permit 31 or Nationwide Permit 14 may be
applicable.
Summary of Project Related Impacts
The NCDOT requests that the USACE authorize construction of the proposed
project under the appropriate Section 404 General Permit. The project involves
construction of the High Point Intermediate Loop from US 311 (North Main Street) to
Johnson Street. This project will result in 0.04 acre of surface water and 328 feet of
impact to streams (perennial and intermittent streams including 33 feet of stream
relocation).
Thank you for your assistance with the project. If you have any questions or need
any additional information concerning this project, please contact Mr. Phillip Todd of my
staff at (919) 733-7844, extension 314.
Sincerely,
2i ? /;- " -'
William D. Gilmore, P. E., Manager
Project Development and Environmental Analysis Branch
WDG/pct
cc: Mr. David Franklin, USAGE, Wilmington
Mr. John Dorney, NCDWQ, Raleigh
Mr. John Hefner, USFWS, Raleigh
Mr. David Cox, NCWRC, Northside
Mr. Tim Rountree, P. E., Structure Design
Mr. Calvin Leggett, P. E., Programming and TIP
Ms. Debbie Barbour, P. E., Highway Design
Mr. A. L. Hankins, P. E., Hydraulics Unit
Mr. John Alford, P. E., Roadway Design
Mr. Randy Wise, P. E., Roadside Environmental Unit
Mr. J. M. Mills, P. E., Division 7 Engineer
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PROPOSED INTERMEDIATE LOOP
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PROJECT: 9.8071087 (U-2536A)
PROP. INTERMEDIATE LOOP FROM
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DEM ID
CORPS ACTION ID: 199404320
TIP No. U-2536 A
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 14 or 31
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET).
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL
MANAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME: NC Dept. of Transportation; Project Development &
Environmental Analysis Branch
2. MAILING ADDRESS: Post Office Box 25201
SUBDIVISION NAME:
CITY: Raleigh STATE: NC ZIP CODE: 25201
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT
FROM MAILING ADDRESS ABOVE):
3. TELEPHONE NUMBER (HOME):
(WORK) :
919-733-3141
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,
ADDRESS, PHONE NUMBER:
William D. Gilmore , P.E., Manager
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS
TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Guilford NEAREST TOWN OR CITY: High Point
1
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
High Point Intermediate Loop from US 311 (North Main Street) to
Johnson Street
6. IMPACTED OR NEAREST STREAM/RIVER:
RIVER BASIN: Deep River Basin (Cape Fear)
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW),
WATER SUPPLY (WS-I OR WS-II)? YES [X] NO [] IF YES, EXPLAIN:
involves impact to a tributary to Oak Hollow Reservoir; NCDOT plans to
install emergency spill retention basin at Johnson Street/ Intermediate
Loop intersection and Intermediate Loop/ Pine Valley Road as well as
implement Design Standards in Sensitive Watersheds erosion control
measures
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)?YES[ ] NO[X]
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
No
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [X NO [] IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION): See Cover Letter
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ } NO [X] IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND:
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT
SITE:
0.00 acres
2
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: EXCAVATION:
FLOODING: OTHER:
DRAINAGE: TOTAL ACRES TO BE IMPACTED: 0.00
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: See Cover Letter FT AFTER: FT
WIDTH BEFORE (based on normal high water contours): FT
WIDTH AFTER: FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: X PLACEMENT OF PIPE IN CHANNEL: X
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER: .
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND?
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY): Construction of High Point Intermediate Loop on new location
13. PURPOSE OF PROPOSED WORK: Construction of public roadway
3
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS):
Impacts to wetlands have been avoided.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR
PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL
HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT.
DATE CONTACTED: _qEL AWACW-D (ATTACH RESPONSES FROM THESE AGENCIES.)
fhtz^A
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED: October 11, 1994 (see FONSI)
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE
OF PUBLIC (STATE) LAND?
YES [X] NO [] (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN
ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH
CAROLINA ENVIRONMENTAL POLICY ACT?
YES [X] NO [I
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [X] NO [J
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING'THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF-ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369.
4
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL
INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21,
26, 29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE
PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS
50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
IMPACTED BY PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Forested, single
family residential, multi-family residential, commercial
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
Lvc
OWNER'S/AGENT'S SIGNATURE DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
5
1
° r yo?
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH. N.C. 27611-5201 DAVID MCCOY
GOVERNOR SECRETARY
January 4, 2000
Memorandum to: File
From: Phillip Todd 1? i
Subject: Guilford County, High Point Intermediate Loop, US 311 (North
Main Street) to Johnson Street, State Project No. 9.8071087; TIP
No. U-2536 A.
Reference: State Environmental Assessment for TIP No. U-2536, signed
September 28, 1995.
The North Carolina Department of Transportation (NCDOT) proposes to
construct the final section of the High Point Intermediate Loop. The project involves
construction of a five-lane curb and gutter section from US 311 to Old Winston Road and
a four-lane divided section from Old Winston Road to Johnson Street.
There were no federally-protected species listed for Guilford County at the
completion of the State Environmental Assessment (EA). Since completion of the EA,
the U. S. Fish and Wildlife Service (USFWS) has listed the bald eagle (Haliaeetus
leucocephalus) for Guilford County. The purpose of this memorandum is to describe the
bald eagle and resolve the protected species issue for this project.
The bald eagle is listed as Threatened. Threatened species are those that are
likely to become endangered within the foreseeable future throughout all or a significant
portion of its range.
Adult bald eagles can be identified by their large white head and short white tail.
The body plumage is dark-brown to chocolate-brown in color. In flight bald eagles can
be identified by their flat wing soar.
Eagle nests are found in close proximity to water (within a half mile) with a clear
flight path to the water, in the largest living tree in an area, and having an open view of
the surrounding land. Human disturbance can cause an eagle to abandon otherwise
suitable habitat. The breeding season for the bald eagle begins in December or January.
i
Fish are the major food source for bald eagles. Other sources include coots, herons, and
wounded ducks. Food may be live or carrion. ,
Biological Conclusion: No Effect
Oak Hollow Lake is located within 0.5 mile of the eastern portion of the project
study area, associated with the intersection of High Point Intermediate Loop/Johnson
Street. The surrounding land use in the project study area nearest to Oak Hollow Lake
and the project area to be cleared is highly urbanized (apartment complex and
commercial development). The only natural community at the High Point Intermediate
Loop/Johnson Street is a riparian area that will be cleared to accommodate pipe extension
and a hazardous catchspill basin. It is highly unlikely that the bald eagle would utilize
such a secluded natural area surrounded by urbanization.
The N. C. Natural Heritage Program of rare species and unique habitats was
consulted on December 28, 1999 (USGS quadrangle maps of High Point West, Guilford,
and Kemersville). There were no element occurrences of the bald eagle surrounding Oak
Hollow Lake.
The impacted natural communities associated with the project do not support
habitat for the bald eagle. Construction of the project will not impact the bald eagle. A
biological conclusion of "No Effect" for the bald eagle is rendered.
1
PAYMENT !r
RECEIVED
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201
GOVERNOR
January 10, 2000
U. S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
Attention: Mr. Eric Alsmeyer
NCDOT Coordinator
DAVID MCCOY
SECRETARY
Subject: Guilford County, High Point Intermediate Loop, US 311 (North Main
Street) to Johnson Street, State Project No. 9.8071087; TIP No. U-2536 A;
USACE Action Id 199404320.
The North Carolina Department of Transportation (NCDOT) proposes to
construct the final section of the High Point Intermediate Loop. The project involves
construction of a five-lane curb and gutter section from US 311 to Old Winston Road and
a four-lane divided section from Old Winston Road to Johnson Street. The let date for
the project is December 2000.
NEPA Documentation
The subject project has been described in a State Environmental Assessment
(EA), that was signed on September 28, 1995. The State Finding of No Significant
Impact (FONSI) for the project was signed on June 26, 1996. These documents,
particularly the EA, include studies pertaining to impacts to natural systems and protected
species for the combined project. Copies of these documents have been provided to
regulatory agencies involved in the permit review process.
Since completion of the FONSI, the bald eagle has been listed as a Threatened
Species by the U. S. Fish and Wildlife Service (USFWS) for Guilford County. The
NCDOT has evaluated the issue of the bald eagle, and has rendered a biological
conclusion of "No Effect". A copy of this biological conclusion is attached to this letter.
The NCDOT has committed to install a hazardous catchspill basin at two
locations. These locations are Intermediate Loop/ Pine Valley Drive (Station No. 18+50-
L- to 19+00-L-) and Intermediate Loop/ Johnson Street (Station No. 25+60-L- to 26+60-
L-). The NCDOT will also implement Design Standards in Sensitive Watershed erosion
control measures for areas draining to Oak Hollow Lake.
Previous Construction Activities
For construction purposes, the project has been divided into three sections. Table
1 summarizes project sections, let dates and termini.
Table 1. Project Sections for TIP No. U-2536
;Section Let Date 'Project Limits
A November 2000 US 311 (North Main Street) to Johnson Street
B June 1994 Johnson Street to NC 68 (Eastchester Drive)
C February 1999 NC 68 to 1471 (Montlieu Avenue)
Section B was completed in August 1995.
Section C has an estimated completion date of June 2001. This project was
authorized under a Section 404 General Permit 31 (USACE Action Id 199820226; WQC
401 Project #971061).
Project Impacts to Waters of the United States
Impacts to waters of the United States cannot be avoided in order to construct the
proposed project. Project impacts to surface waters result from the placement of a pipe
and culvert extension. The project lies in the Cape Fear River Basin (Hydrologic Catalog
Unit 03030003). Road construction will result in 0.04 acre of fill in surface water, 328
feet of impact to streams (perennial and intermittent streams, including 39 feet of stream
relocation) and 328 feet of stream loss.
Jurisdictional stream delineations were performed for the project on November
18, 1999 by NCDOT biologists. The stream delineation was performed using guidance
provided by the Division of Water Quality (DWQ), "Field location of streams, ditches
and ponding: Revision Number Six, Working Draft, dated February 10, 1997."
Site 1 involves impacts to an intermittent stream. There is 0.04 acre of impact to
surface waters and 253 feet of stream loss. Based on the impact parameters at this site,
the NCDOT believes that a Section 404 General Permit 31 or Nationwide 14 may be
applicable.
Impacts at Site 2 are to a perennial stream. There is <0.01 acre of impact to
surface waters and 75 feet of stream impact. Of the 75 feet impacted at this site, 33 feet
will be relocated in an open channel. Based on the impact parameters at this site, the
NCDOT believes that a Section 404 General Permit 31 or Nationwide Permit 14 may be
applicable.
Summary of Project Related Impacts
The NCDOT requests that the USACE authorize construction of the proposed
project under the appropriate Section 404 General Permit. The project involves
construction of the High Point Intermediate Loop from US 311 (North Main Street) to
Johnson Street. This project will result in 0.04 acre of surface water and 328 feet of
impact to streams (perennial and intermittent streams including 33 feet of stream
relocation).
Thank you for your assistance with the project. If you have any questions or need
any additional information concerning this project, please contact Mr. Phillip Todd of my
staff at (919) 733-7844, extension 314.
Sincerely,
- X11-
William D. Gilmore, P. E., Manager
Project Development and Environmental Analysis Branch
WDG/pct
cc: Mr. David Franklin, USACE, Wilmington
Mr. John Dorney, NCDWQ, Raleigh
Mr. John Hefner, USFWS, Raleigh
Mr. David Cox, NCWRC, Northside
Mr. Tim Rountree, P. E., Structure Design
Mr. Calvin Leggett, P. E., Programming and TIP
Ms. Debbie Barbour, P. E., Highway Design
Mr. A. L. Hankins, P. E., Hydraulics Unit
Mr. John Alford, P. E., Roadway Design
Mr. Randy Wise, P. E., Roadside Environmental Unit
Mr. J. M. Mills, P. E., Division 7 Engineer
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N. C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
GUILFORD COUNTY
PROJECT: 9.8071087 (U-2536A)
PROP. INTERMEDIATE LOOP FROM
US 311 TO JOHNSON ST.
IN HIGH POINT, N.C.
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DIVISION OF HIGHWAYS
GUILFORD COUNTY
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DEM ID
CORPS ACTION ID: 199404320 'PIP No. U-2536 A
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 14 or 31
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET).
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL
MANAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME: NC Dept. of Transportation; Project Development &
Environmental Analysis Branch
2. MAILING ADDRESS: Post Office Box 25201
SUBDIVISION NAME
CITY: Raleigh STATE: NC ZIP CODE:
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME
FROM MAILING ADDRESS ABOVE):
3. TELEPHONE NUMBER (HOME):
25201
(IF DIFFERENT
(WORK) :
919-733-3141
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,
ADDRESS, PHONE NUMBER:
William D. Gilmore , P.E., Manager
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS
TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Guilford NEAREST TOWN OR CITY: High Point
1
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
High Point Intermediate Loop from US 311 (North Main Street) to
Johnson Street
6. IMPACTED OR NEAREST STREAM/RIVER:
RIVER BASIN: Deep River Basin (Cape Fear)
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW),
WATER SUPPLY (WS-I OR WS-II)? YES [X} NO [] IF YES, EXPLAIN:
involves impact to a tributary to Oak Hollow Reservoir; NCDOT plans to
install emergency spill retention basin at Johnson Street/ Intermediate
intersection and Intermediate Loop/ Pine Valley Road as well as
implement Design Standards in Sensitive Watersheds erosion control
measures
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)?YES[ ] NO[X]
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
No
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [X NO [] IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION): See Cover Letter
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ } NO [X] IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND:
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT
SITE:
0.00 acres
2
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: EXCAVATION:
FLOODING: OTHER:
DRAINAGE: TOTAL ACRES TO BE IMPACTED: 0.00
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: See Cover Letter FT AFTER: FT
WIDTH BEFORE (based on normal high water contours): FT
WIDTH AFTER: FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: X PLACEMENT OF PIPE IN CHANNEL: X
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER: .
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND?
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY): Construction of High Point Intermediate Loop on new location
13. PURPOSE OF PROPOSED WORK: Construction of public roadway
3
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS):
Impacts to wetlands have been avoided.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR
PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL
HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT.
DATE CONTACTED: SM AIMCMEO (ATTACH RESPONSES FROM THESE AGENCIES.)
MtdhA
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED: October 11, 1994 (see FONSI)
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE
OF PUBLIC (STATE) LAND?
YES [XI NO [] (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN
ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH
CAROLINA ENVIRONMENTAL POLICY ACT?
YES [X] NO [
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [X] NO []
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369.
4
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL
INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21,
26, 29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE
PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS
50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
IMPACTED BY PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Forested, single
family residential, multi-family residential, commercial
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
OWNER'S/AGENT'S SIGNATURE DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
5
.swr
t'
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT 1R. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 DAVID MCCOY
GOVERNOR SECRETARY
January 4, 2000
Memorandum to: File
From: Phillip Todd "?
Subject: Guilford County, High Point Intermediate Loop, US 311 (North
Main Street) to Johnson Street, State Project No. 9.8071087; TIP
No. U-2536 A.
Reference: State Environmental Assessment for TIP No. U-2536, signed
September 28, 1995.
The North Carolina Department of Transportation (NCDOT) proposes to
construct the final section of the High Point Intermediate Loop. The project involves
construction of a five-lane curb and gutter section from US 311 to Old Winston Road and
a four-lane divided section from Old Winston Road to Johnson Street.
There were no federally-protected species listed for Guilford County at the
completion of the State Environmental Assessment (EA). Since completion of the EA,
the U. S. Fish and Wildlife Service (USFWS) has listed the bald eagle (Haliaeetus
leucocephalus) for Guilford County. The-purpose of this memorandum is to describe the
bald eagle and resolve the protected species issue for this project.
The bald eagle is listed as Threatened. Threatened species are those that are
likely to become endangered within the foreseeable future throughout all or a significant
portion of its range.
Adult bald eagles can be identified by their large white head and short white tail.
The body plumage is dark-brown to chocolate-brown in color. In flight bald eagles can
be identified by their flat wing soar.
Eagle nests are found in close proximity to water (within a half mile) with a clear
flight path to the water, in the largest living tree in an area, and having an open view of
the surrounding land. Human disturbance can cause an eagle to abandon otherwise
suitable habitat. The breeding season for the bald eagle begins in December or January.
Fish are the major food source for bald eagles. Other sources include coots, herons, and
wounded ducks. Food may be live or carrion.
Biological Conclusion: No Effect
Oak Hollow Lake is located within 0.5 mile of the eastern portion of the project
study area, associated with the intersection of High Point Intermediate Loop/Johnson
Street. The surrounding land use in the project study area nearest to Oak Hollow Lake
and the project area to be cleared is highly urbanized (apartment complex and
commercial development). The only natural community at the High Point Intermediate
Loop/Johnson Street is a riparian area that will be cleared to accommodate pipe extension
and a hazardous catchspill basin. It is highly unlikely that the bald eagle would utilize
such a secluded natural area surrounded by urbanization.
The N. C. Natural Heritage Program of rare species and unique habitats was
consulted on December 28, 1999 (USGS quadrangle maps of High Point West, Guilford,
and Kernersville). There were no element occurrences of the bald eagle surrounding Oak
Hollow Lake.
The impacted natural communities associated with the project do not support
habitat for the bald eagle. Construction of the project will not impact the bald eagle. A
biological conclusion of "No Effect" for the bald eagle is rendered.
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201
GOVERNOR
January 10, 2000
U. S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
Attention: Mr. Eric Alsmeyer
NCDOT Coordinator
DAVID MCCOY
SECRETARY
Subject: Guilford County, High Point Intermediate Loop, US 311 (North Main
Street) to Johnson Street, State Project No. 9.8071087; TIP No. U-2536 A;
USACE Action Id 199404320.
The North Carolina Department of Transportation (NCDOT) proposes to
construct the final section of the High Point Intermediate Loop. The project involves
construction of a five-lane curb and gutter section from US 311 to Old Winston Road and
a four-lane divided section from Old Winston Road to Johnson Street. The let date for
the project is December 2000.
NEPA Documentation
The subject project has been described in a State Environmental Assessment
(EA), that was signed on September 28, 1995. The State Finding of No Significant
Impact (FONSI) for the project was signed on June 26, 1996. These documents,
particularly the EA, include studies pertaining to impacts to natural systems and protected
species for the combined project. Copies of these documents have been provided to
regulatory agencies involved in the permit review process.
Since completion of the FONSI, the bald eagle has been listed as a Threatened
Species by the U. S. Fish and Wildlife Service (USFWS) for Guilford County. The
NCDOT has evaluated the issue of the bald eagle, and has rendered a biological
conclusion of "No Effect". A copy of this biological conclusion is attached to this letter.
The NCDOT has committed to install a hazardous catchspill basin at two
locations. These locations are Intermediate Loop/ Pine Valley Drive (Station No. 18+50-
V
L- to 19+00-L-) and Intermediate Loop/ Johnson Street (Station No. 25+60-L- to 26+60-
L-). The NCDOT will also implement Design Standards in Sensitive Watershed erosion
control measures for areas draining to Oak Hollow Lake.
Previous Construction Activities
For construction purposes, the project has been divided into three sections. Table
1 summarizes project sections, let dates and termini.
Table 1. Pro3ectuSections for:TIP No. U-2536
Section Let Date Project Limits
A November 2000 US 311 (North Main Street) to Johnson Street
B June 1994 Johnson Street to NC 68 (Eastchester Drive)
C February 1999 NC 68 to 1471 (Montlieu Avenue)
Section B was completed in August 1995.
Section C has an estimated completion date of June 2001. This project was
authorized under a Section 404 General Permit 31 (USACE Action Id 199820226; WQC
401 Project #971061).
Project Impacts to Waters of the United States
Impacts to waters of the United States cannot be avoided in order to construct the
proposed project. Project impacts to surface waters result from the placement of a pipe
and culvert extension. The project lies in the Cape Fear River Basin (Hydrologic Catalog
Unit 03030003). Road construction will result in 0.04 acre of fill in surface water, 328
feet of impact to streams (perennial and intermittent streams, including 39 feet of stream
relocation) and 328 feet of stream loss.
Jurisdictional stream delineations were performed for the project on November
18, 1999 by NCDOT biologists. The stream delineation was performed using guidance
provided by the Division of Water Quality (DWQ), "Field location of streams, ditches
and ponding: Revision Number Six, Working Draft, dated February 10, 1997."
Site 1 involves impacts to an intermittent stream. There is 0.04 acre of impact to
surface waters and 253 feet of stream loss. Based on the impact parameters at this site,
the NCDOT believes that a Section 404 General Permit 31 or Nationwide 14 may be
applicable.
Impacts at Site 2 are to a perennial stream. There is <0.01 acre of impact to
surface waters and 75 feet of stream impact. Of the 75 feet impacted at this site, 33 feet
will be relocated in an open channel. Based on the impact parameters at this site, the
NCDOT believes that a Section 404 General Permit 31 or Nationwide Permit 14 may be
applicable.
Summary of Project Related Impacts
The NCDOT requests that the USACE authorize construction of the proposed
project under the appropriate Section 404 General Permit. The project involves
construction of the High Point Intermediate Loop from US 311 (North Main Street) to
Johnson Street. This project will result in 0.04 acre of surface water and 328 feet of
impact to streams (perennial and intermittent streams including 33 feet of stream
relocation).
Thank you for your assistance with the project. If you have any questions or need
any additional information concerning this project, please contact Mr. Phillip Todd of my
staff at (919) 733-7844, extension 314.
Sincerely,
lw William D. Gilmore, P. E., Manager
u Project Development and Environmental Analysis Branch
WDG/pct
cc: Mr. David Franklin, USACE, Wilmington
Mr. John Dorney, NCDWQ, Raleigh
Mr. John Hefner, USFWS, Raleigh
Mr. David Cox, NCWRC, Northside
Mr. Tim Rountree, P. E., Structure Design
Mr. Calvin Leggett, P. E., Programming and TIP
Ms. Debbie Barbour, P. E., Highway Design
Mr. A. L. Hankins, P. E., Hydraulics Unit
Mr. John Alford, P. E., Roadway Design
Mr. Randy Wise, P. E., Roadside Environmental Unit
Mr. J. M. Mills, P. E., Division 7 Engineer
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N. C. DEPT. OF TRANSPORTATION
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PROJECT: 9.8071087 (U-2536A)
PROPOSED INTERMEDIATE LOOP
FROM US311 TO JOHNSON ST.
IN HIGH POINT, N.C.
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DIVISION OF HIGHWAYS
GUILFORD COUNTY
PROJECT: 9.8071087 (U-2536A)
PROP. INTERMEDIATE LOOP FROM
US 311 TO JOHNSON ST.
IN HIGH POINT, N.C.
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DEM ID:
CORPS ACTION ID: 199404320
TIP No. U-2536 A
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 14 or 31
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET).
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL
MANAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME: NC Dept. of Transportation; Project Development &
Environmental Analysis Branch
2. MAILING ADDRESS: Post Office Box 25201
SUBDIVISION NAME
CITY: Raleigh STATE: NC ZIP CODE:
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME
FROM MAILING ADDRESS ABOVE):
3. TELEPHONE NUMBER (HOME):
25201
(IF DIFFERENT
(WORK): 919-733-3141
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,
ADDRESS, PHONE NUMBER:
William D. Gilmore , P.E., Manager
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS
TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Guilford NEAREST TOWN OR CITY: High Point
1
1
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
High Point Intermediate Loop from US 311 (North Main Street) to
Johnson Street
6. IMPACTED OR NEAREST STREAM/RIVER:
RIVER BASIN: Deep River Basin (Cape Fear)
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW),
WATER SUPPLY (WS-I OR WS-II)? YES [X} NO [] IF YES, EXPLAIN:
involves impact to a tributary to Oak Hollow Reservoir; NCDOT plans to
install emergency spill retention basin at Johnson Street/ Intermediate
Loop intersection and Intermediate Loop/ Pine Valley Road as well as
implement Design Standards in Sensitive Watersheds erosion control
measures
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)?YES[ ] NO[X]
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOi•
LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATIC'•
No
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE
THIS PROPERTY? YES [X NO [] IF YES, PROVIDE ACTION I.D. NUMBER
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF
CERTIFICATION): See Cover Letter
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ ) NO [X] IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND:
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT
SITE:
0.00 acres
2
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: EXCAVATION:
FLOODING: OTHER:
DRAINAGE: TOTAL ACRES TO BE IMPACTED: 0.00
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: See Cover Letter FT AFTER: FT
WIDTH BEFORE (based on normal high water contours): FT
WIDTH AFTER: FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: X PLACEMENT OF PIPE IN CHANNEL: X
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER: .
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND?
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY): Construction of High Point Intermediate Loop on new location
13. PURPOSE OF PROPOSED WORK: Construction of public roadway
3
1
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS):
Impacts to wetlands have been avoided.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR
PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL
HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT.
DATE CONTACTED: SM AIWA%to (ATTACH RESPONSES FROM THESE AGENCIES.)
f*Wi^o
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED: October 11, 1994 (see FONSI)
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE
OF PUBLIC (STATE) LAND?
YES [X] NO [] (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN
ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH
CAROLINA ENVIRONMENTAL POLICY ACT?
YES [X] NO [I
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [X] NO [I
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369.
4
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL
INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21,
26, 29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE
PROPERTY MUST BE SHOWN'ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS
50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
IMPACTED BY PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Forested, single
family residential, multi-family residential, commercial
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN TEE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
OWNER'S/AGENT'S SIGNATURE DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
5
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 DAVID MCCOY
GOVERNOR SECRETARY
January 4, 2000
Memorandum to: File
From: Phillip Todd 1???
Subject: Guilford County, High Point Intermediate Loop, US 311 (North
Main Street) to Johnson Street, State Project No. 9.8071087; TIP
No. U-2536 A.
Reference: State Environmental Assessment for TIP No. U-2536, signed
September 28, 1995.
The North Carolina Department of Transportation (NCDOT) proposes to
construct the final section of the High Point Intermediate Loop. The project involves
construction of a five-lane curb and gutter section from US 311 to Old Winston Road and
a four-lane divided section from Old Winston Road to Johnson Street.
There were no federally-protected species listed for Guilford County at the
completion of the State Environmental Assessment (EA). Since completion of the EA,
the U. S. Fish and Wildlife Service (USFWS) has listed the bald eagle (Haliaeetus
leucocephalus) for Guilford County. The purpose of this memorandum is to describe the
bald eagle and resolve the protected species issue for this project.
The bald eagle is listed as Threatened. Threatened species are those that are
likely to become endangered within the foreseeable future throughout all or a significant
portion of its range.
Adult bald eagles can be identified by their large white head and short white tail.
The body plumage is dark-brown to chocolate-brown in color. In flight bald eagles can
be identified by their flat wing soar.
Eagle nests are found in close proximity to water (within a half mile) with a clear
flight path to the water, in the largest living tree in an area, and having an open view of
the surrounding land. Human disturbance can cause an eagle to abandon otherwise
suitable habitat. The breeding season for the bald eagle begins in December or January.
1
Fish are the major food source for bald eagles. Other sources include coots, herons, and
wounded ducks. Food may be live or carrion.
Biological Conclusion: No Effect
Oak Hollow Lake is located within 0.5 mile of the eastern portion of the project
study area, associated with the intersection of High Point Intermediate Loop/Johnson
Street. The surrounding land use in the project study area nearest to Oak Hollow Lake
and the project area to be cleared is highly urbanized (apartment complex and
commercial development). The only natural community at the High Point Intermediate
Loop/Johnson Street is a riparian area that will be cleared to accommodate pipe extension
and a hazardous catchspill basin. It is highly unlikely that the bald eagle would utilize
such a secluded natural area surrounded by urbanization.
The N. C. Natural Heritage Program of rare species and unique habitats was
consulted on December 28, 1999 (USGS quadrangle maps of High Point West, Guilford,
and Kernersville). There were no element occurrences of the bald eagle surrounding Oak
Hollow Lake.
The impacted natural communities associated with the project do not support
habitat for the bald eagle. Construction of the project will not impact the bald eagle. A
biological conclusion of "No Effect" for the bald eagle is rendered.