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HomeMy WebLinkAbout20190900 Ver 2_More Info Received_20210721F)� July 21, 2021 Mrs. Jean Gibby / Mr. Andrew Williams U.S. Army Corps of Engineers Raleigh Regulatory Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Ms. Sue Homewood N.0 Division of Water Resources 401 & Buffer Permitting Unit 512 North Salisbury Street Raleigh, NC 27604 Subject: Request for Modification to Nationwide Permit Nos. 12 and 13 (SAW- 20019-01356) / General Water Quality Certification Nos. 3884 and 3885 (DWR # 20190900) City of Greensboro Proposed Southeast Feeder Main and Liberty Road Sewer Force Main Guilford County, North Carolina To Whom It May Concern: HDR, on behalf of the City of Greensboro (City), requests modification to the existing Section 404 Nationwide Permit Numbers 12 and 13 and Section 401 Water Quality Certification Numbers 3884 and 3885 for construction activities associated with the Proposed Southeast Feeder Main and Liberty Road Sewer Force Main project (Project) in Guilford County. The original Section 404 Permit (Action ID SAW-2019-01356) is dated September 19, 2019 and the Section 401 Water Quality Certification (Number 20190900) is dated September 16, 2019. There have been no previous modifications to these permits. This project is currently under construction. Explanation of Permit Impact Site Modifications Being Requested This modification request is due to changes requested for construction methods. During construction the contractor encountered an issue with trying to install the bore pits for a bore and jack at Big Alamance Creek on Sheet 03X.19. While trying to install the bore pit they encountered rock that is extremely hard and were not able to successfully dig the bore pit for the bore and jack. In order to install the water line at this location they are requesting to open cut the stream similar to the majority of the crossings on the project. 555 Fayetteville Street Suite 900 Raleigh, NC 27601-3034 (919)232-6600 July 20, 2021 Page 2 In addition to this location, there are four other locations where a bore and jack was planned to be used for stream crossings. These occur on plan sheets 03X-11, 03X-14, 03X-16, and 03X-06. The current plan for those locations is to attempt digging the bore pits and using a bore and jack but if that is not successful the contractor would like to be able to proceed with the open cut methods like the remaining streams on the project. The modification results in 155 linear feet of additional permanent impact to streams due to bank stabilization following construction. Permanent stream crossings are not required at these locations due to access being available along NC Highway 62 and Liberty Road. The contractor is aware of the conditions necessary for open cut trenching and would make sure they use appropriate dewatering measures and install the necessary sediment and erosion control in order to avoid additional impacts to the streams. Please see the enclosed revised permit drawings and updated impact summary sheets which reflect the changes in impacts as well as the following table which describes the impacts. Additional Permit Impacts The following table illustrates the additional impacts beyond those that were previously provided in the electronic PCN and Modification Request. Stream impact number - Average Impact Permanent (P) Type of Impact Stream Perennial or Type of Stream Length or Temporary Name Intermittent Jurisdiction Width (linear (T) (feet) feet) Open Cut S-C-180-3 Trenching (coffer (Sheet 03X-06) dam, dewatering, Polecat Perennial USACE & 20 25 excavation, pipe Creek DWR P installation, backfilling)/ Bank Stabilization Open Cut S-C-181-6 Trenching (coffer (Sheet 03X-11) dam, dewatering, Unnamed Perennial USACE & 7 25 P excavation, pipe Tributary DWR installation, backfilling)/ Bank Stabilization July 20, 2021 Page 3 Stream impact Average Impact number - Stream Perennial or Type of Stream Length Permanent (P) Type of Impact Name Intermittent Jurisdiction Width (linear or Temporary (feet) feet) (T) Open Cut S-A-181-9 Trenching (coffer (Sheet 03X-14) dam, dewatering, Unnamed Perennial USACE & 7 25 excavation, pipe Tributary DWR P installation, backfilling)/ Bank Stabilization Open Cut S-A-181-4 Trenching (coffer (Sheet 03X-16) dam, dewatering, Climax Perennial USACE & 12 40 excavation, pipe Creek DWR P installation, backfilling)/ Bank Stabilization Open Cut S-A-180-1 Trenching (coffer Big (Sheet 03X-19) dam, dewatering, Alamance Perennial USACE & 16 40 excavation, pipe DWR P installation, Creek backfilling)/ Bank Stabilization Thank you for your assistance with this project. If you have any questions or need additional information, please contact me at (919) 232-6637 or vickie.miller@hdrinc.com. Respectfully, HDR Engineering, Inc. of the Carolinas Vickie Miller Sr. Project Manager Attachments: Revised Wetland and Stream Impact Sheets cc: Jan Stewart - Engineering Manager, City of Greensboro Brian Boyd — Project Manager, City of Greensboro Matt Watt, PE - HDR United States Department of the Project Name FISH AND WILDLIFE SERVICE Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date: 2/1 5/201 9 Self -Certification Letter Southeast Feeder Main and Liberty Road Sewer Force Main Dear Applicant: U.S. IN Interior s�Mf 9 Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological Services online project review process. By printing this letter in conjunction with your project review package, you are certifying that you have completed the online project review process for the project named above in accordance with all instructions provided, using the best available information to reach your conclusions. This letter, and the enclosed project review package, completes the review of your project in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides information for your project review under the National Environmental Policy Act of 1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this letter and the project review package must be submitted to this office for this certification to be valid. This letter and the project review package will be maintained in our records. The species conclusions table in the enclosed project review package summarizes your ESA and Eagle Act conclusions. Based on your analysis, mark all the determinations that apply: "no effect" determinations for proposed/listed species and/or ❑✓ proposed/designated critical habitat; and/or ❑ "may affect, not likely to adversely affect" determinations for proposed/listed species and/or proposed/designated critical habitat; and/or ❑ "may affect, likely to adversely affect" determination for the Northern long- eared bat (Myotis septentrionalis) and relying on the findings of the January 5, 2016, Programmatic Biological Opinion for the Final 4(d) Rule on the Northern long-eared bat; ❑✓ "no Eagle Act permit required" determinations for eagles. Applicant Page 2 We certify that use of the online project review process in strict accordance with the instructions provided as documented in the enclosed project review package results in reaching the appropriate determinations. Therefore, we concur with the "no effect" or "not likely to adversely affect" determinations for proposed and listed species and proposed and designated critical habitat; the "may affect" determination for Northern long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles. Additional coordination with this office is not needed. Candidate species are not legally protected pursuant to the ESA. However, the Service encourages consideration of these species by avoiding adverse impacts to them. Please contact this office for additional coordination if your project action area contains candidate species. Should project plans change or if additional information on the distribution of proposed or listed species, proposed or designated critical habitat, or bald eagles becomes available, this determination may be reconsidered. This certification letter is valid for 1 year. Information about the online project review process including instructions, species information, and other information regarding project reviews within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html. If you have any questions, you can write to us at Raleigh(c,fws.gov or please contact Leigh Mann of this office at 919-856-4520, ext. 10. Sincerely, /s/Pete Benjamin Pete Benjamin Field Supervisor Raleigh Ecological Services Enclosures - project review package .:.,. nsdl s WIIJJUrV. United States Department of the Interior`" FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office ' Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: February 14, 2019 Consultation Code: 04EN2000-2019-SLI-0347 Event Code: 04EN2000-2019-E-00819 Project Name: Southeast Feeder Main and Liberty Road Sewer Force Main Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The species list generated pursuant to the information you provided identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16U.S.C. 1531 etseq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the species' life histories and habitats and information on completing a biological assessment or 02/14/2019 Event Code: 04EN2000-2019-E-00819 evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws. o� rg atoI3 birds/CurrentBirdIssues/Hazards/towers/ comtow.html. Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7 consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea turtles,when in the water, and certain marine mammals are under purview of the National Marine Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/ We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. If you have any questions or comments, please contact John Ellis of this office at john_ellis@fws.gov. 02/14/2019 Event Code: 04EN2000-2019-E-00819 Attachment(s): • Official Species List 02/14/2019 Event Code: 04EN2000-2019-E-00819 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 02/14/2019 Event Code: 04EN2000-2019-E-00819 Project Summary Consultation Code: 04EN2000-2019-SLI-0347 Event Code: 04EN2000-2019-E-00819 Project Name: Southeast Feeder Main and Liberty Road Sewer Force Main Project Type: WATER SUPPLY / DELIVERY Project Description: The City of Greensboro continues to develop ways to enhance their overall water distribution system and meet needs. The City has conducted a number of studies and developed plans to assist with their water distribution system. In 1995 the Water Distribution Study illustrated the need for a proposed transmission main to support water mains within the southeast Greensboro Area. Then in 2009 the Master Plan analyzed two different transmission main options to serve the southeast Greensboro Area and in 2015 the Master Plan determined that the previous recommendation could be further improved by proposing an additional 16" loop feed to support the needs in southeast Greensboro area. The proposed waterline loop is a result of the master plan and is included in the City's Capital Improvement Plan to assist with operations and maintenance. The goals of the waterline loop are to provide redundancy to the distribution system as well as improve overall water quality. Project Location: Approximate location of the project can be viewed in Google Maps: https: www.goo�le.com/mgps/Tlace/35.94024931919502N79.67784317587251W Gra enstoro ,t . i r � Liberty Counties: Guilford, NC I Randolph, NC 02/14/2019 Event Code: 04EN2000-2019-E-00819 3 Endangered Species Act Species There is a total of 4 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Fishes NAME STATUS Cape Fear Shiner Notropis mekistocholas Endangered There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws. og v/eo/species/6063 Clams NAME STATUS Atlantic Pigtoe Fusconaia masoni Proposed No critical habitat has been designated for this species. Threatened Species profile: https://ecos.fws. og v/eo/species/5164 Flowering Plants NAME STATUS Schweinitz's Sunflower Helianthus schweinitzii Endangered No critical habitat has been designated for this species. Species profile: h!Ws:Hecos.fws.gov/ecp/species/3849 Small Whorled Pogonia Isotria medeoloides Threatened No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1890 02/14/2019 Event Code: 04EN2000-2019-E-00819 Critical habitats FHERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. MEN Roy Cooper. Governor •s ; NC DEPARTMENT OF Susi Hamilton, Secretary ■■ ■■ NATURAL AND CULTURAL RESOURCES 013 0 Walter Clark, director, Land and Water Stewardship NCNHDE-8262 February 15, 2019 Jessica Tisdale HDR 555 Fayetteville Street Raleigh, NC 27601 RE: Southeast Feeder Main and Liberty Road Sewer Force Main Dear Jessica Tisdale: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached `Documented Occurrences' tables and map. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butlerCo�ncdcr.aov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPAR7HEN7 OF NATURAL AND CULTURAL RESOURCES 121 W. JONES STREET. RALEIGH. NC 27603 • 1691 MAIL SERVICE CENTER. RALEIGH. 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The GRMS is located south of Greensboro in Randolph County near the Town of Liberty and has been identified as a possible site for an advanced manufacturing and assembly plant. Field surveys for the presence of Schweinitz's sunflowers within suitable habitat was conducted on September 18, 19, 20, and October 11, 12, and 20, 2017 during the United States Fish and Wildlife Service optimal survey window. Prior to conducting the onsite assessment, a review of North Carolina Natural Heritage Program data, last updated in July 2017, indicated no known records of Schweinitz's sunflower within one mile of the study area. The nearest documented occurrence was over 5 miles from the project study areas. Recent aerial photographs were evaluated to identify areas of likely habitat within the study areas. The field crews visited a known population to ensure the plants vegetative state prior to beginning the surveys. The known population (located near the intersection of Henley Country Road and Old Cedar Falls Road) was blooming at the time of the visit. Suitable habitat for the species was determined to be areas with open woods and other sunny or semi - sunny habitats which were typically created by disturbance such as mowing, clearing, or grazing. Because the species is intolerant to shade and grows best in areas with disturbance, railroad, roadsides, power lines, and utility rights -of -way; areas where forest canopies were opened up; areas adjacent to agricultural fields; along pastured areas; areas adjacent to yards; and in and along edges of other artificially maintained clearings undergoing natural succession were all reviewed during the survey. Survey Results: The field teams spent six days reviewing the study area. Suitable habitat for the species occurs throughout the study area; however, no occurrences of Schweinitz's 555 Fayetteville Street, Suites 900 & 210, Raleigh, NC 27601-3034 (919)232-6600 sunflower were found. Based upon these findings, it was determined the project would have no effect on Schweinitz's sunflower. Biological Conclusion: No Effect Field Investigators Investigators/Years of Experience: Vickie Miller— 20 years Sara Easterly — 20+ years Jessica Tisdale —13 years Jackson Garvey — 2 years Ben Furr— 15 years Ryan Smith —19 years Kenton Beal — 5 years Jason McMaster — 9 years Miles Spenrath — 6 years Quillan Anderson —1 year If you have any questions please contact Vickie Miller at 919-232-6637 or vickie.miller@hdrinc.com or Sara Easterly at 919-232-6664 or sara.easterly@hdrinc.com. 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