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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 V tl \V I U1LS !i h MP Mi NOR SEAM /d ROJECLS 9.80 108 4 -wL8 WE"LaNO 30UNOARY WETLAND DENOTES FILL IN WE LAND DENOTES FILL IN i SURFACE WATER DENOTES FILL IN SURFACE WATER (PONC) DENOTES TEMPORARY FILL IN WETLAND DENOTES EXCAVATION IN WETLAND NIZED DENOTES CLEARING CLEARING ?- FLOW DIRECTION TB _ TOP OF BANK WE - EDGE OF WATER _ -C- - PROP. LIMIT OF CUT - -F - PROP. LIMIT OF FILL ?- PROP. RIGHT OF WAY - - N0- - NATURAL GROUND - - Py - PROPERTY LINE i - TOE - TEMP. DRAINAGE EASEMENT I -POE- PERMANENT DRAINAGE EASEMENT - EAB- EXIST. ENDANGERED ANIMAL BOUNDARY - EPB- EXIST. ENDANGERED PLANT BOUNDARY - - ='- i WATER SURFACE: X X X LIVE STAKES X BOULDER - - - CORE FIBER ROLLS 5 ADJACENT PROPERTY OWNER OR ?ARCEL NUMBER I PROPOSED BRIDGE -? PROPOSED BOX CULVERT PROPOSED PIPE CULVERT (DASHED LINES DENOTE EXISTNG STRUCTURES) 7 SINGLE TREE WOODS LINE ¦ DRAINAGE INLET A-a ROOTWAD VANE RIP RAP RIP RAP ENERGY DISSIPATOR BASIN I I N. C. DEPT. OF TRANSPORTA'T'ION DIVISION OF HIGHWAYS GUILFORD COUNTY PROJECT:9.8071087 (U-2536A) PROPOSED INTERMEDIATE LOOP FROM US511 TO JOHNSON ST. IN HIGH POINT, N.C. r 5HL'I T a OF(p ,0/29/99 1 SITE 311 c._ 1?11Q®,?illo/1 z 0 $nz l z SZrH 2 = 0 68 MAP END I ROSHOT I J 58 i 70A A ? o z a ¦ J N ? / ?, .n W U ao® J \/ , tcres+ FC- O A) W LN` c W E, p" L ?1 ?, a P Z o O Z ' F°? ?Q?z /0 I a p C . 0 Lr o+ 2 aC O _ °o ,`) I z 12r ISO '?? I "w I O1 I C) I ?3 11 ?O `? s ? i wv LO w w 4 U ? I J LO ` jc + J W '? 3 I lip To r'-x r J x I x x_? (?, 3 ? ? 1n I I O Y• a/ /_? C1? _ I O 1 "' Z 3 / 1 cr / (-? a Fj xl ? ? ; o F NCo i I I -C"., M / 3 n- x i I C / w? ? > N Ix? as a z v ?- I a h ::D m of I m / N CL U-) ?l 5 ?i 7. CT) z o ? w p 9 M ? Q p r' i IO T- N .. Uo A?D LTM Q) Cn N w I i I l !. L-n £zo ERZ ICI I Isco L zll r ?: ? - I - PT 6«30.709 III I 00'02 I 14 Ij I I I I? ?I cn^ mCD ? L-n I I I I I, ? i I I I .:. I z`? D II II I I I o + I I I 78*fo+ I £0 w f-w II II 9Z wc=n nl II II I ,, wz cro O II II I I ? w I; I v ww I I I I C LD I C) cn ? I J I. ? ?? Q wu_ I I > Q J I I III o I ? J zw LLiO I = I I 3 I o Cr W WW I i I I I 2: ?n I Ln W -- a m N Q O (7 u' O Z O m M U N o Z Q Z 00 a= L) a60 cc w cn 0 o z= a p J O 2 z w - Q U Q ? a U O W W Z o U a w z Z z0 LL ? c ?a U. O w a v=i 0 u) [2 LO N U) a) C) Cl C (D 6 E L I J i I I 1 12 - c CL) N 00 O ? E 70 ? ? W U a 0 Gl y u c c j cv o m ? L ? U y rn m c c 00 y ,in m aE ? U w E U = o ii W E a c ? ? ? Q ? - W o U t o o 0 ? m 0 o C N ? . ci L d t L U Q ? o Q d c n - Gl L - z w c W =? 3 U. c 0 l E ? c a c ? m t = d a U N w ` N E ? 0 E 0 1 1 1 o o C O J } :m t t N J N Z N ? a = Q w O p C7 z -j O U C) O O i 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 KOINE7 6V1lLLSP Y®R SEAM FROX0.7 9.8071097 -WLB I WETLAND BOUNDARY ?---W L WETLAND IN DEN ET N W LA D ' DENOTES FILL IN i SURFACE WATER ? / DENOTES FILL SURFACE WATER R (PONC) ,?/// DENOTES TEMPORARY FILL IN WETLAND DENOTES EXCAVATION IN WETLAND ( I DENOTES MECHANIZED ? I CLEARING ?- 4- FLOW DIRECTION TB _ TOP OF BANK W - - EDGE OF WATER I _ -C- - I PROP. LIMIT OF CUT - -F - PROP. LIMIT OF FILL ?- PROP. RIGHT OF WAY -NG- - NATURAL GROUND - -RL - PROPERTY LINE - TOE- TEMP. DRAINAGE EASEMENT I - PDE - PERMANENT DRAINAGE EASEMENT - EAB- EXIST. ENDANGERED ANIMAL BOUNDARY - EpB- EXIST. ENDANGERED PLANT BOUNDARY - . !- -- i - WATER SURFACE X X X LIVE STAKES X X BOULDER --- CORE FIBER ROLLS ADJACENT PROPERTY OWNER OR PARCEL NUMBER I PROPOSED BRIDGE PROPOSED BOX CULVERT PROPOSED PIPE CULVERT (DASHED LINES DENOTE EXISTNG STRUCTURES) J SINGLE TREE WOODS LINE ¦ DRAINAGE INLET (>Map (?L?Cti??oo V9 ROOTWAD VANE RIP RAP RIP RAP ENERGY OISSIPATOR BASIN I N. C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS GUILFORD COUNTY i PROJECT: 9.8071087 (U-2536A) PROPOSED INTERMEDIATE LOOP FROM LJS311 TO JOHNSON ST. IN HIGH POINT, N.C. 10129199 SHEET cA 01--to SITE MAP / END ? 311 Il?dB®?c?71' f 68 cn / z ? 68 70A I 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. SHEET 3 OF J .4l T) 7,A 1 O z a ) z Z U ' a O ° J •?'°O /LU CIZ Z \ / I w > V -v, z F, i4 1 c C a .. w O 'bp,ro?' 0. C I •\ 1 Z ?:, n 011 I I °\ T? I z z ? I o, H 1 \ C) I 3 11 ?O '? e ILO i ? U CY) z z U) LLI N 1 ; I i? Cl? r?4 _44 LO t===j Ln I ct> v o J %-x J I I ? -?` 3 J ? `n x I O Q / /J J LLI I I cr- rI_ CL Z cr- i ?j a o II V) 0 x x I L W U-) Q. > N Ixy as c Z v O- az o :D co / Na- u m W UAI C\i ? z O rn O1 p F N rn z z ? ¢ z s,v ? O c T Q F Z T O - -- --- --- :. p c z .. ., --- p CO U ?I s Q> W c . p p w tl _ ? 1 N o A5 , w? o o I ? 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N J a) O N z p H 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 V EIMITY dV!!L'Illd Y®P STAM PROJECT 9,8071087 -WLB WE LaNO BOUNDARY I W ET LAND L DENO?E LA' NLOL IN DENOTES FILL IN SURFACE 'MATER DENOTES =ILL IN SURFAE WATER I (POND) ,?// DENOTES TEMPORARY FILL IN WETLAND DENOTES EXCAVATION IN WETLAND -? DENOTES ARIN ANIZED I I - I CLEARING E-- ? FLOW DIRECTION TB --?_ TOP OF BANK ?E - EDGE OF WATER I I _ -C- - PROP. LIMIT OF CUT - -F - PROP. LIMIT OF FILL i -? PROP. RIGHT OF WAY - - NG - - NATURAL GROUND - - P?- - PROPERTY LINE - TDE - TEMP. DRAINAGE EASEMENT I -POE- PERMANENT DRAINAGE EASEMENT - EAB- EXIST. ENDANGERED ANIMAL BOUNDARY PB EXIST. ENDANGERED ANT BOUNDARY PLANT - . !- • - . WATER SURFACE X X X LIVE STAKES X X EiD BOULDER - - CORE FIBER ROLLS r51 ADJACENT PROPERTY OWNER ?? OR PARCEL NUMBER I PROPOSED BRIDGE L PROPOSED BOX CULVERT PROPOSED P!PE CULVERT (DASHED LINES DENOTE EXISTNG STRUCTURES) r? J SiNGLE -PEE r^z?-'? ^ti-•^? '' L W0ODS LINE t4>mlsa DRAINAGE INLET ROOTWAO VANE RIP RAP RIP RAP ENERGY OISSIPATOR BASIN I 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. SHEET c1 of to 10,29,99 SITE MAP 31 1 I?IE? ?- Il?dB®?(C71'? 68 $aaz I SZ= 2 I i 68 - 70A I 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. SHEET 3 OF (0 :::;si LLJ a /?f V O O ? Cc c F- CN ? z v Q z z L-Li F v? 41 .j Ln 0 z m 0 z ? ? M u / o o A I o O ooiroo o w u C. cc z ate. o° I Lr) V) Imo '?? I ?w 11 ,?o ILO V Li) w n! 1 C) I ?i rn 1 C7 w LL? 0-4 N I AIf' v ro J I %?x r J x Z ? M?4 1 I N Ig 1 Z 3 / ? `?' III a ?-,? •r x `t' a 0 x x I C / w Ln Ln > N Ixy as o Z v O- I dz j v°, :D CO C Lo (L L N Lij AN z Q a t- of ? _ p N z ? p ? ? p z - [[ e7 ~ ? YI m ?•- ? z W o C\j N r q50 Q) I I? I N w 1! 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W c N O i E 0 N iL 3 ?- a U N 2 05 E U) C) E 0 t2 o rn o o C E o N J 61 O Z F- 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 i 70A END r?ll 68 311 29A, i 70A / 29A I luczrH IFo= 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. SHEET % OF (p ===T ;r ?L_ ? ',.J C ? I C -WLB WETLANO BOUNDARY i L ??----ww L WETLAND IN DENO? S aN E L O ' DENOTES FILL IN SURFACE WATER DENOTES =A SURFACE? WATER R j (POND) DENOTES TEMPORARY FILL IN WETLAND DENOTES EXCAVATION /?/ , IN WETLAND RED DENOTES O AR CLEARING NG E-- E- PLOW DIRECTION TB _ TOP OF BANK WE - EDGE OF WATER j _ -C - t PROP. LIMIT OF CUT - -F - PROP. LIMIT OF FILL --?- PROP. RIGHT OF WAY - NG - - NATURAL GROUND - -P?- - PROPERTY LINE - TOE- TEMP. DRAINAGE EASEMENT I - POE- PERMANENT DRAINAGE EASEMENT - EAB- EXIST. ENDANGERED ANIMAL BOUNDARY - EPB- EXIST. ENDANGERED PLANT BOUNDARY - - _'- WATER SURFACE X X X LIVE STAKES X X BOULDER --- CORE FIBER ROLLS 5? ADJACENT PROPERTY OWNER ?i OR PARCEL NUMBER I PROPOSED 3RIOGE PROPOSED BOX CULVERT PROPOSED PIPE CULVERT (DASHED LINES DENOTE EXISTNG STRUCTURES) SiNGLE TREE r^ J ??- "' ,- . L WOODS LINE ¦ DRAINAGE INLET tl>m!s2 ?cccz -? X)a ROOTWAD VANE RIP RAP RIP RAP ENERGY DISSIPATOR BASIN i i ?I N. C. DEPT. OF TRANSPORTATION I DIVISION OF HIGHWAYS I GUILFORD COUNTY I PROJECT: 9.8071087 (U-2536A) PROPOSED INTERMEDIATE LOOP FROM US311 TO JOHNSON ST. IN HIGH POINT, N.C. SHLs1 T A 03 (p 0129199 SITE MAP / END / 31 1 1??? "emu / 1?1?8®JJ?(?71' f 68 z ? ° 1 /X\? 68 70A I 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. SHEET 3 OF 1 W f V O O F- / C\j / 4.4j z z o z o ^ w o z i p Q T U oo ,? LO ycr6s+ c c ° w O a J / ] F p F, L -? 10O /Ct: O p o; z? T 0 z ?. M c? ? E?' o I T E T ? /A I U>? oWz F- \ AO *' oAla), I o Cp '" O' I I o cr) r I zz Imo '?? I ? w "? \ I °z z ?'i rn ? 1 G?? W ? 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LL m E 3 c 0 a c ? m = t LL a m U N 2N E o E C, o t2 rn 0 o C E S o rn .- ? N J O Z 0 H a 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 V:M= Me FOR STAM FROXC,7 ROOM C C '? C rJ C -WLB WETLaNO BOUNDARY cl L wETLaNO DENOT FILLL IN E L S ' DENOTES "ILL IN • SURFACE WATER DENOTES FILL IN / / SURFACE E WATER (POND) DENOTES TEMPORARY FILL IN WETLAND DENOTES EXCAVATION IN WETLAND -? DENOTES MECHANIZED ? - - - ? CLEARING FLOW OIRECT:ON TB TOP OF BANK ,WE- - EDGE OF WATER _ -C - PROP. LIMIT OF CUT - -F - PROP. LIMIT OF FILL -?- PROP. RIGHT OF WAY - - NG- - NATURAL GROUND - -P? - PROPERTY LINE -TOE- TEMP. DRAINAGE EASEMENT - PDE - PERMANENT DRAINAGE EASEMENT - EAB- EXIST. ENDANGERED ANIMAL BOUNDARY - EPB- EXIST. ENDANGERED PLANT BOUNDARY - . ='- - . - WATER SURFACE X X X LIVE STAKES X X (EID BOULDER --- CORE FIBER ROLLS ADJACENT PROPERTY OWNER OR ?ARCEL NUMBER ? I PROPOSED BRIDGE PROPOSED BOX CULVERT PROPOSED PIPE CULVERT (DASHED LINES DENOTE EXISTNG STRUCTURES) r? 1 SINGLE TREE WOODS LINE ¦ (>Mom (:Dccc?- ? vp DRAINAGE INLET ROOTWAO VANE RIP RAP RIP RAP ENERGY DISSIPATOR BASIN f I l j N. C. DEPT.OF TRANSPORTATION DIVISION OF HIGHWAYS GUILFORD COUNTY I PROJECT: 9.8071087 (U-2536A) PROPOSED INTERMEDIATE LOOP FROM US311 TO JOHNSON ST. IN HIGH POINT, N.C. ?I SHEET ? OlAo ioizsiss SITE MAP END 311 BEGAN Il?dB®?(C71' 68 $zr=E , U) / z ? 68 ,? 70A I 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. SHEET 3 OF kA ._..:ST s W f V O_ O E- P .. O a / E- I?A .11 toll, o z v ?-,q 0 rz o U o 0 \A /, + F o 0 c W? a J LU Li6 o ?z?x O o oa aU G O ? V j? °o I rj) I \ o i 3 1 za y 1 ? I D N 1 ) LL) o 1 ? J I ? an 3 I ; ?I w ro J x?x ? J I I ?~ x ? 3? I ? N LAJ I J cr- I V) 3/ U I 1 z cr/ cri C x x Y L U) > (\j I x d6 c ?" Z v oI a` Z) co m m CL N Lo ' P Lij 14 l N ??i 7 F O) rn ? CY) F ?. V: p G z z ? ¢ z F ?. z 0 9 F C O F F Q m G v' 1 M d I s"3 1N 0 A? ! o , Ln o r'1 \ J C. \ ? ? ^^ I N W l: ; I I I 1 I I f- 1= I ? 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Z O H I 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 \ Elm ' PROJECT 31 1 IEOIIIK PROJECT 0 U) z o I ? 68 \ 70A 70A 29A SR 1471 311 29A A VEIN= 1 33A STAM PROXOT 9.8072087 N. C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS GUILFORD COUNTY PROJECT: 9.8071087 (U-2536A) PROP. INTERMEDIATE LOOP FROM US 311 TO JOHNSON ST. 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N J d O FQ y z 0 1 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 V liU UK LS !d 6VLS6LSli Y OR EAM FROXC 90807108 -WLB WE LAND BOUNDARY PROPOSED BRIDGE L WETLAND PROPOSED BOX CULVERT DENOTES FILL IN PROPOSED p,oE CULVERT 'WETLAND ' DENOTES FILL IN (DASHED EXISTNG LINES DENOTE STRUCTURES) I SURFACE WATER DENOTES =ILL SURFACE WATER - "' (POND) SiNGLE TREE DENOTES TEMPORARY FILL IN WETLAND WOODS LINE DENOTES EXCAVATION IN WETLANO ¦ DRAINAGE INLET i (--? DENOTES MECHANIZED ? I CLEARING RGOTWAO F- ?- FLOW DIRECTION Tom- TOP OF BANK ? VANE WE - EDGE OF WATER C PROP LIMIT OF CUT RIP RAP _ - - - i . - - F - PROP.LIMIT OF FILL RIP RAP ENERGY --?- RIGHT OF WAY PROP DISSIPATOR BASIN . - - NG- - NATURAL GROUND - -P" - PROPERTY LINE - TDE - TEMP. DRAINAGE EASEMENT i -PDE- PERMANENT DRAINAGE EASEMENT - EAB- EXIST. ENDANGERED ANIMAL BOUNDARY - EPB- EXIST. ENDANGERED PLANT BOUNDARY '- - - - WATER SURFACE X X X LIVE STAKES X X BOULDER - - - CORE FIBER ROLLS n5 ADJACENT PROPERTY OWNER OR 'ARCE_ NUMBER I I I N. C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS GUILFORD COUNTY i PROJECT: 9.8071087 (U-2536A) PROPOSED INTERMEDIATE LOOP FROM US311 TO JOHNSON ST. IN HIGH POINT, N.C. SHEET CA OI? to 1uln199 SITE MAP / END 311 I?IE? II?dB®1(C71' 68 z ? 68 70A i I 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. SHEET 3 OF (0 :_:;11; 1 t y ?'fl LLJ O /! / / V O O E"' c b 1 cr- / V M O U IL? // O z Z U =' n w 0 Z " Q O F\A ??, str?+ `° F o 0 o w F a J -,j Lo •? 0 Lu ?. o PzM? O ZO I z o0 \ A . I F z ;R CIL °o I i \ o I 3 5 to °z z I* \ LLJ I o v) c? 0 I LLJ 4 + I s W »? 3 I o? r--x 7? J x )q x _.? Q 7 N I I Z LAJ cr- I V) LLJ x EZ: t N I YS / 0 x x I / LiJ U X • Q, > CV Ix? m O Z v 0- i Z) co m .1 ?CL L-L, ?? z Q rn Q l N j Z z Q z x C) c p y Q F ?. z 9 - z F- Z v"i L Z Cl\i I U.j II I I 'I z I I Ln ? ? E- i' I 3 III I I m wil I v w ? PT 6«30.109 ? ? F-^ I I I I I ? L-. I ? I ? z ? , , III I I I ?H.? O.L ? `?• I ', ', I I I ? ? II I III I oo•oz I i ?I z II I I I ; I I I I ?? cn-- m° ? ? II I I I; . I I I I I .. I / ^ U) zc? II II I ow I ; : I I ro+ £o z= ?p II II 9z I W cn N I I wz ?o O I II I II I I `'W v ? I I; I , I ?w CL II II CD I o cnJ - I . I Q I >- Q ?I I I I '? o f I I tai- I I I w a O WO I I ?W I I I I I X00 I I Ln W -- w i N co _ E C L w U 0 v ? y c C E cE o m y r c U co w m c d y •XL C V L w U E a n . o - ii W w a ZO r E " F- 3 w 0 Q CO c C L LL O N Li- N N C ? L _N N . - N v L Z O O O O L Q '0 N ? O j _ _ C C C O N L N r L U I-' V v CD, U Q o Q a d ? C ?M > d L w C _ N O 3 LL c a >N L N > .. C O N C ? m = L U. a 4) U N 2 Co E in E ° E o E t2 o O N O O C E y U) LL '- o + + vi N J y O t < fn z 01 h- r 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 1 M??o 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.