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Home My WebLink About20110125 Ver 1_Howerton Road Request for Exemption from 401 conditions_20130626June 26, 2013 Ms. Sue Homewood NC DWQ Winston Salem Regional Office- 401/Wetlands Unit 585 Waughtown Street Winston Salem, North Carolina 27107 Subject: Request for 401 Water Quality Certification Modification & Concurrence of Exemption from Jordan Lake Riparian Buffer Regulations Gibsonville Ossipee Road Alamance County, North Carolina ECS Project 09.19179B Dear Ms. Homewood: The purpose of this letter is to request modification of a 401 Water Quality Certification and to receive written concurrence of exemption from the Jordan Lake Riparian Buffer Regulations in reference to utilizing a temporary stream crossing as a permanent stream crossing for the sole purpose of agricultural activities at the approximate 57 acre tract located west of Gibsonville Ossipee Road in Alamance County, North Carolina. The site is identified by the Alamance County GIS website as PIN 109997. The site is a portion of the Guilford County Prison Farm and contains agricultural fields (pasture -land) and wooded land. Structures are not located on the site. Prior to the temporary stream crossing, the site was accessed by agricultural machinery including trucks, tractors, combines and other agricultural equipment by a narrow (approximate eight foot wide) access road that was located on a pond dam. Due to safety concerns associated with dam deterioration and individual safety of machinery operators, Guilford County, owner of the site, has made the request to Thompson Arthur Paving Company that the temporary stream crossing be left in place as a permanent stream crossing for agricultural equipment, thus eliminating the use of the road on top of the pond dam and safety concerns. A copy of the letter is included as an attachment. The request clearly states that the temporary road would be left in place and utilized only as a farm road for equipment and trucks. ECS, on behalf of Thompson Arthur Paving Company, received approval of a 401 Water Quality Certification and Jordan Buffer Authorization for the temporary road crossing and impacts to 106 linear feet of stream channel on March 15, 2011 (NCDWQ Project No. 20110125) for the purpose of borrowing material for a nearby N.C. Department of Transportation (DOT) project. Borrowing activities have ceased and the borrowed area has been reclaimed in accordance to DOT specifications and normal farming activities have resumed at the site. A condition of the 401 Water Quality Certification issued on March 15, 2011, states that all riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to preconstruction contours and revegetated immediately with comparable vegetation, except that tree planting may occur during the dormant season. 4811 Koger Blvd., Greensboro, NC 27407 • T 336- 856 -7150 • F: 336- 856 -7160 - wwmecslimited.corn ECS Capitol Services, PLLC - ECS Carolinas, LLP - ECS Central, PI.LC • ECS Florida, LLC - ECS Mid-Atlantic, LLC - ECS Midwest, LLC • ECS Soutivast, LLC • ECS Texas, LLP Request for 401 Water Quality Certification Modification & Concurrence of Exemption from Jordan Lake Riparian Buffer Regulations Gibsonville Ossipee Road Alamance County, North Carolina ECS Project 09.191798 June 26, 2013 ECS has requested that the U.S. Army Corps of Engineers provide written concurrence that the use of the temporary access road as permanent road, solely for the use of transportation of agricultural equipment and trucks, would be considered exempt from Section 404 regulations and subsequently 401 regulations. Furthermore, according to the Howerton Road -Haul Road Plan Sheet 1 of 1, the width of the proposed gravel road and shoulders is 30 feet through the riparian buffer, which is in accordance with "exempt" activities for road crossing in the NCDWQ Red Book, Jordan. Lake Riparian Buffer Rules. A copy of the exhibit is included as an attachment. ECS, on behalf of Thompson Arthur Paving Company, is requesting that the 401 Water Quality Certification be modified (or rescinded) to reflect the change of utilization and purpose of the stream crossing and to provide concurrence that the permanent road crossing is considered an exempt activity in accordance with the NCDWQ Red Book, Jordan Lake Riparian Buffer Regulations. Please feel free to contact me at (336) 856 -7150 if you have any questions concerning this request or if additional information is required. Thank you in advance for your timely consideration of this matter. Sincerely, ECS Carolinas, LLP //Z/--- Bradley S. Luckey Environmental Staff Project Manager //� U-, / 71,J, � � Michael T. Brame, PWS Environmental Principal Attachments: Guilford County Letter, Dated May 9, 2013 Howerton Road -Haul Road Plan Sheet 1 of 1 CC: Mr. Andrew Williams, U.S. Army Corps of Engineers Raleigh Regulatory Office (via email) 2 GUILFORD COUNTY PARKS AND PROPERTY MANAGEMENT May 9, 2013 Mr. Clarence Brickey APAC - Atlantic, Inc Thompson - Arthur Paving P.O. Box 21088 Greensboro, NC 27420 Subject: Guilford County Prison Farm Parcel #'s109997, 0100354 Entrance Road Dear Mr. Brickey, The Guilford County entered into a contract to sell borrow dirt from parcels noted above to Thompson -Arthur Div. -APAC Atlantic Inc. for use on the NCDOT Project in Alamance C202557. It was necessary for Thompson - Arthur to construct a temporary haul road to accommodate heavy trucks to take the borrow dirt from the pit to the project. The temporary haul road was required due to the existing road into this property was on top of the dam at the farm lake. The temporary haul road included a stream crossing. This temporary road remains in place until the project is completed and them is to be removed by Thompson - Arthur. Guilford County is requesting this temporary road be retained permanently which would eliminate placing the road into the farm back on top of the take dam. The temporary road left in place would be utilized only as a farm road for farm equipment and trucks. The temporary road .is far superior to the original road and would be of great benefit to Guilford County since it is much wider, more stable and safer than the original entrance path. Attached is a photo showing the location of the original road on the dam and the newly constructed temporary road. Guilford County recognizes that APAC- Atlantic, Inc. Thompson - Arthur Paving will revise and resubmit the permits and reclamation plan for the Howerton Road Pit. The County expects all terms and conditions related to restoration of topsoil and grass growth according to Paragraph 6 of the agreement noted above to be met. If you should have any questions or need additional clarification, please feel free to contact me. 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