20030909 Ver 1_More Info Received_20031003

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
October 3, 2003
North Carolina Department of Environment
and Natural Resources
Division of Water Quality -Wetlands/401 Unit
1621 Mail Service Center
Raleigh, NC 27699-1621
Attention: Mr. John Dorney
LYNDO TIPPF.TT
SECRETARY
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Subject: Section 404/401 Individual Permit Application, Guilford County,
Greensboro Western Urban Loop, from I-85 south of Groometown to
south of I-40 interchange; Federal Aid Project No. STPNHF-NHF-124-
1(1); State Project No. 8.U492101; TIP No. U-2524 AB & AC; USACE
Action Id 199403906; DWQ # 030909.
Dear Sir:
As you are aware, the North Carolina Department of Transportation (NCDOT)
has submitted a Section 404/401 permit application to construct Greensboro Western
Urban Loop from I-85 south of Groometown to I-40 west of Greensboro. The NCDOT
submitted the permit application in a letter dated July 21, 2003. The North Carolina
Division of Water Quality (NCDWQ) placed the project "on hold" in a letter dated
August 1, 2003. The NCDOT resolved these issues in letter dated August 15, 2003. The
NCDOT understands the NCDWQ has once again placed the project "on hold" due to
deficiencies it has with the permit application. This letter responds to the newest
deficiencies from a letter dated September 24, 2003.
The text from the NCDWQ letter per each deficient area has been included. A
response from NCDOT is found after each deficiency.
/l: NCDOT wishes to use the NC Ecological Enhancement Program (EEP) for stream
and Randleman Buffer mitigation. NCDWQ is not in receipt of a letter from EEP
accepting buffer mitigation for the above-referenced project.
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone] TRANSPORTATION BUILDING
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET
1598 MAIL SERVICE CENTER WEBSITE: WWW.DOT ORG RALEIGH NC
RALEIGH NC 27899-1598

The NCDOT has coordinated with the EEP about this issue. The EEP has agreed
to accept the required buffer mitigation through payment to the N.C. Wetland Restoration
Program. A copy of this letter is attached with this information to NCDWQ.
2. The on-site channel relocations were not included in the section on compensatory
mitigation. It appears as though there are two relocations on Section AB Part I, one
.stream relocation on Section AB and two stream relocations on Section AC. Are the
on-site stream relocations intended for use as compensatory mitigation? Please
organize the on-site stream relocation information intended into a packet detailing all
of the on-site stream relocations, the length of the relocations (in English units), the
reference reaches (depicted on a map), morphological measurements, sediment
transport analysis, typical details, sediment transport analyses, buffers and planting
plans.
5 M~ fi9afi~, Two of the on-site relocations were described briefly in the minimization section
of the permit application. In essence, all of the on-site stream relocations are not
;~eCecu~' compensatory mitigation but minimization techniques NCDOT has performed with the
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Most all of the referenced information requested from NCDWQ was all contained
y,,~,~,~A(~5 • in the original permit application dated July 21, 2003. This information is located in the
~~,w;se.~ permit drawing section of the application. Please refer to Sheets 4-9, 15-17, 48-51 of 55
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N for TIP No. U-2524 AB Part I and Sheets 17-22 of 46 for TIP No. U-2524 AC.
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~5y ~., ~~ Attached to this letter is information related to the planting plan and information
related to the stream relocation for Site 3 in Section AB. Also included for ease of paper
work is a copy of the narrative and proposed relocated stream information for Long
Branch which was included in the permit application for TIP No. U-2524 BA/BB
(NCDWQ # 011318). Maps of the reference reaches are also attached to this letter.
A list of species to be planted was included with the two of minimization areas
(page 11 of the original permit application). The same scheme will be applied to all
relocation areas associated with the road project.
Tables 6-9 from the original permit application have stream impacts, including
relocated stream lengths, in English. These tables were revised in August 2003 and faxed
to the U.S. Corps of Engineers and NCDWQ. It is our understanding the NCDWQ did
receive the fax and a copy of this information has been attached to this letter.
3. Will all of the on-site stream relocations have SO foot buffers? It appears that there
may not be 50 foot buffers on Long Branch due to the proximity of Ramp A.
All on-site stream relocations have 50-foot buffers except where noted in the
variance request for Randleman Buffer rules and along some portions of Ramp A. The
relocation of Long Branch was included in the 404/401 permit for TIP No. U-2524
BA/BB, although turning the water into the new channel was not included in that permit.
It is included in the permit application for TIP No. U-2524 AB/AC.

There may not be 50 feet of "wooded" buffer along Ramp A at the new
interchange with I-40/Western Greensboro Urban Loop, but there are side slopes with the
floodplain area being planted to the maximum extent possible so long as the public's
safety is not compromised.
4. Page 11 of the Application states that Long Branch will be relocated using natural
channel design. DWQ is in favor of this relocation, however, the Application states
that it will be performed during construction of U-2524BA. This activity was not
permitted in the Water Quality Certiftcation for U-2524BA & BC. A modiftcation to
this Certifrcation will be required if NCDOT desires to impact Long Branch during
the U-2524BA construction.
The NCDOT agrees with NCDWQ; the NCDOT is not permitted at the present
time to relocate channel in terms of turning water into the proposed relocated channel.
This action would occur under permits for TIP No. U-2524 AC. Information about the
channel relocation was included in the permit for TIP U-2524 BA/BB. Amore accurate
statement would be that NCDOT is constructing the new stream channel for Long Branch
under TIP No. U-2524 BA with water to be turned into the new channel under TIP No U-
2524 AC.
5. Since the on-site stream relocations are proposed as compensatory mitigation for
project impacts, the relocated streams and associated riparian buffer areas must be
preserved in perpetuity through a preservation easement or some other legally
binding mechanism or agreement. A permanent conservation easement, with
adequate buffer, must be secured around the proposed relocated channel in order for
this onsite mitigation to be acceptable. Please provide a copy of a legal document
(i. e., deed) to ensure that this land is in protective easement.
Most all of the on-site stream relocations are within NCDOT right of way, except
for portions of Site 28 in Section AB Part I and all of Site 1 in Section AC. The areas
within NCDOT's right of way are protected and have been noted as relocated channels on
the design plans.
The NCDOT believes protective easements are not required on the other two
areas for two reasons. First, the areas are minimization efforts by the NCDOT, not
compensatory mitigation areas. Second, the relocated stream reaches and their associated
riparian areas are located within watersheds of the Randleman Buffer and are therefore
protected.

The NCDOT believes it has satisfactorily addressed the deficiencies raised by the
NCDWQ. The NCDOT asks the NCDWQ to place the project "off hold". If you have
questions about this letter or TIP No. U-2524 AB/AC, please contact Mr. Phillip Todd of
my staff at [phone].
Sincerely,
Cam' ~ ~---- ~.
-- Gregory J. Thorpe, Ph.D., Environmental Management Director
Project Development and Environmental Analysis Branch
cc: Mr. David Franklin, USACE
Mr. Eric Alsmeyer, USACE
Mr. Gary Jordan, USFWS
Mr. Travis Wilson, NCWRC