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Home My WebLink About20150079 Ver 1_General Correspondence_20150420REPLY TO AT'IENTION OF: DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 151 PATTON AVENUE ROOM 208 ASHEVILLE, NORTH CAROLINA 28801-5006 April 17, 2015 Regulatory Division Action ID: SAW-2014-00864 Mr. Larry Thompson North Carolina Department of Transportation 716 West Main Street Albemarle, North Carolina 28001 Dear Mr. Thompson: Reference your Jan�ary 22, 2015, application for Department of the Army (DA) authorization for the discharge of fill material into 460 linear feet of stream channel for the Windy Road Bridge Replacement Project (BR No 12, state project number 17BP.10R.53). The project site is located where Windy Road crosses Emerson Branch, approximately 0.15 miles southwest of the intersection of Mooresville Road and Windy Road in Concord, Cabarrus County, North Carolina. The purpose of this letter is to provide comments from resource agencies and the general public for rebuttal purposes as a part of the individual permit review. After review of your proposal, we have received .agency comments from the National Marine Fisheries Service (dated March 18, 2015), Jake Lail on behalf of Ms. Maxine Crainshaw (dated April 9, 2015), North Carolina Department of Cultural Resources, State Historic Preservation Office (dated April 10, 2015) and the North Carolina Wildlife Resources Commission (dated April 13, 2015). Copies of all correspondences are enclosed. Our administrative process provides you the opportunity to propose a resolution and/or rebut any and all objections before a final decision is made. In this regard, please review the enclosed letters, address as appropriate and copy this office on all of your comments/responses for our review. If you have questions, please do not hesitate to contact me at (828)-271-7980 e�ension 231. , �OL�C��Ob�� --� D APR202015 I � Sincerely, � Crystal Amschler Project Manager Asheville Regulatory Field Office Enclosures cc w/encls: �/Is. Amy S. Chapman Transportation Permitting Unit NC Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 0 2 � .. ,, . . - .._ �. . f.. Apri19' 201 S US Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue — Room 208 Ashville, North Carolina 28801-5006 828-271-7980 ext. 231 . ` � ,'�,>� �°"' ^� �� " "' - > .� ,+ �:.�., ,,�, l"-�; ri -� � � '` �� t,� � 'll^ �f^ �\.,�. i1r� ��r . - -�-�.. �� Re: Windy Road Bridge Replacement, Concord NC (SAW-2014-00864-P1� Dear Crystal Amschler or other authorized person(s): I am writing you on behalf of Ma�cine Crainshaw of 4675 Windy Rd. My name is Jake Lail of 4585 Windy Rd. We are excited to have this project move forward, but wanted to note some key provisions that need to be in place to secure all.parties best interest for the future. Due to the scope, overall land disturbance, and the junction design of the Tributary to Emerson Branch, there needs to be a documented provision to ensure the land owner will not, either now or anytime in the future, be deemed responsible for any repairs or maintenance to the newly moved and constructed portion of the said 363 ft perennial tributary of Emerson Branch, or the junction of the tributary to Emerson Branch including but not limited to soil erosion, water flow, sediment displacement, side slope, vegetation, rock, or developed habitats, etc. Cunently the area in which the construction is to take place is not listed as a flood plain. Provisions shall be in place to ensure the moving of the tributary, and or anything to do with this project will not result in the area, either now or at any time in the future, be labeled as a flood plain. If the project does call for the given area to be labeled as a flood plain it would negatively affect the land value for that given area, hereby resulting in a needed compensation benefit to Mrs. Crainshaw for the difference in land value. Currently there is a tree line and fence approximately 32' west of the current tributary that is being used as a border for livestock and a privacy buffer from the road to the dwelling. Since the drawings did not have a scale listed, it was difficult to determine where the actual excavation and or clearing ��ould stop. Therefore it needs to be noted that any trees removed, rather than a monetary benefit paid, shall be replaced with a comparable tree to ultimately result in a privacy barrier between Windy Rd, and the dwelling of Mrs. Crainshaw, and any fence removed is to be replaced. Under Compensatory Mitigation on page 3, it states that approacimately 363 linear feet (I� of stream is.to be relocated. However, under off-site compensation it states that the impact is anticipated to be 97 total linear feet. This 971f is assumed to be direct impact to the junction of the tributary to Emerson Branch. There was no mention of compensation to due to the impact of right-of-way, tree removal; and or impacts of the additional land disturbance and loss of use. � Under page 4, and the section of "Alternative Analysis", it states the alternative of moving Windy road to the east to avoid the UT to Emerson Branch was eliminated due to the need of additional right-of-way. The proposed drawings currently show and existing right-of-way but are unclear if the project will require the acquisition of additional right-of-way. Further clarification is required to determine where the right-of-way will be. Page 2 of 2 The following comments are based offthe Evaluation and Commenting Information sections on page 6, • Flood Plain Values — Has been explained on page 1 of this letter. • Land Use — In addition to the mention of land use above, approximately 7515 ft2 (or 0.1725) acres will be disturbed and rendered useless except for the functionality of ��ater travel due to the moving of the tributary. This should be taken under consideration with respect to the benefit of Mrs. Crainshaw. • Safety — Along with the statements above regarding a boundary and fence for livestock, provisions need to be in place to allow equipment and or vehicle access between the newly constructed tributary and Windy road. On the clearing anci giubbing erosion control sheet 4 it states there is to be a 36" temporary pipe placed for construction. It is assumed this will be removed resulting in the only access to the area between the newly constructed tributary and Windy road is by crossing the tributary. Doing so could result in premature bank erosion and water contamination from equipment. • Property Ownership — See concerns regarding right-of-way, and land use. • The needs and welfare of the people — Ultimately this project should be completed (with the provisions and comments of this letter implemented j as it is in the best interest and overall safety of the commuters and people of Windy road. General Questions: Once construction starts, what is the duration that thru traffic and access will be restricted to Windy Rd.? When is the proposed start date of construction? In conclusion, the provisions and concerns listed above need to be in place for Mrs: Crainshaw as it is her land that is affected, however are not meant to deter the successful completion of this project. We are very much in favor of the project, and understand the efforts put forward thus far with respect to planning, analysis, and collaboration. And feel that this is a much needed improvement for Windy road. Sincerely, J ail Representative of Maxine Crainshaw 704-791-1134 Enclosure — Representation Authorization Form cc: M�ine Crainshaw, Maxine Crainshaw 4675 Windy Rd Concord, NC 28027 Apri19; 2.015 Jake Lail 4585 Windy Rd. Concord, NC 28027 Dear Jake Lail: � This letter is to inform you that I hereby grant you the authority to represent me regarding all matters for the Windy Road Bridge replacement (US Anny Corps of Engineers SAW-2014-00864-PN) including but not limited to any communication (official or unofficial), decisions, andlor means or methods that would serve in my best interest. At any given time I reserve the right to revoke authority, at which time any communications, correspondence, and documents acquired over the course of the project shall be relinquished to me. � This authorization �is to remain in effect through the completion of the Windy Rd. bridge replacement project or until revoked, in writing, by me. Sincerely, ( f - ) �.� ��.r�� Maxine Crainshaw Land Owner a Amschler, Crystal C SAW From: Sent: To: Cc: Subject: Chambers, Marla J [marla.chambers@ncwildlife:org] Monday, April 13, 2015 8:59 AM Amschler, Crystal C SAW; Thompson, Larry B Chapman, Amy [EXTERNAL) FW: US Army Corps of Engineers (USACE) Public Notice (UNCLASSIFIED) - Cabarrus Co., Brg. 12 over Emerson Cr., on Windy Rd. . We have some concerns regarding.this project. The tie-in of the relocated UT channel to Emerson Creek has the flow making a tighter than 90 degree angle into the receiving channel. The application document indicated the existing UT channel slope is v.ery steep and noted it. as being�very flashy. We recommend connecting the new channel at a less severe a.ngle, similar to the existing connection depicted in the document, and ensure stability of the opposite bank. ,� We also ask if a similar stream relocation design has been used successfully in a similar steep, flashy situation? Reasons given for not using natural stream design include.increased right-of-way, requirement of ha.rdened structures and specialized experienced contractors, and past negative experiences. Long-term stability and functionality should be ensured. We would also like to point out that we believe the water classification to be WS-II, HQW; CA. I hope these email comments will suffice, as I will be taking unexpected leave this week. Let me know if you have any questions. I will be checking email periodically. Marla Marla Chambers Western NCDOT Coordinator NC Wildlife Resources Commission 206 Charter St., Albemarle, NC 28001 marla.chambers(alncwildlife.or�� Office: 704-982=9181 Cell phone: 704-984-1070 -----Original Message-.---- From: Wallace, Nancy SAW [mailto:Nancy.Wallace(a)usace.army.mil] Sent: Friday, March 13, 2015 12:27 PM Subject: US Army Corps of Engineers (USACE) Public Notice (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE � -----Original Message----- From: Wallace, Nancy SAW Sent: Friday, March 13, 2015 12:16 PM To: Metcalf, Deborah G SAW Subject: US Army Corps of Engineers Classification: UNCLASSIFIED Caveats: NONE (USACE) Public Notice (UNCLASSIFIED) 1 As you requested, you are hereby notified that Wilmington District, United States Army Corps of Engineers has.issued a Public Notice. The text.of this document can be found on the Public Notices.portion of the Regulatory Division Home Page. Each Public Notice is available in ADOBE ACROBAT (.pdf) format for viewing, printing or download at http://www.saw.usace.army.mil/Missions/RegulatoryPermitPro�ram.aspx ' � The current notice involves: Corps Action ID#: SAW-2014-00864 Issue Date: March 13, 2015 Applicant: NC Department of Transportation, Mr. Larry Thompson Expiration Date: April 13, 2015 Point of Contact: Crystal Amschler Pr.oject Description: The Wilmington District, Corps of Engineers (Corps) re,ceived an application from North Carolina Department of Transportation seeking Department.of the Army authorization for the impact to 460 linear feet of stream channel for the Windy Road Bridge Replacement Project (BR No 12, state project number 176P.10R.53). The project proposes to remove the existing bridge and replace it with a double 8 x 9 foot.reinforced Concrete Box Culvert. The project site is located where Windy Road crosses Emerson Branch, approximately 0.15 miles southwest of the intersection of Mooresville Road and Windy Road.in Concord, Cabarrus County, North.Carolina Subscribe/Unsubscribe: This email was sent out as a result of subscribing to the Wilmington District regulatory program public notices. Please email Cindy.M.Corbett@usace_army.mil with the subject or message "unsubscribe" to remove your address f:rom future mailings. Classification: UNCLASSIFIED Caveats: NONE Classification: UNCLASSIFIED Caveats: NONE Email correspondence to and.from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. z �,c,FN�°��,y UNlTED STATES DEPARTME�tT QF CO(VIMERCE qP ;�- `"�, National Oceanic and Atmospheric Administrafion � 4� � '�;: � NATIONAL MARINE FISHERIES SERVICE %� �'� �`� Souiheast Regional Office o�4TE5 O4 *� 263 13th Avenue South � � St. Petersburg, Florida 33701-5505 http:llsero. nrifs. noaa.gov March 18, 2015 (Sent via Electronic Mail) Colonel Kevin P. Landers Sr_, Commander. U.S. Army Corps of Engineers Wilmington District 69 Darlington Avenue Wilmington, North Carolina 28403-1398 Dear Colonel Landers: NOAA'sNational Marine Fisheries Service (NMFS) reviewed the projects described in the public notice(s) listed below. Based on the informati.on in the public notice(s), the proposed project(s) would NOT occur in the vicinity of essential fish habitat (EFH) designated by the South Atlantic Fishery Management Council. or NMFS. Present staffing levels preclude further analysis of the proposed activities and no further action is planned. This position is neither supportive of nor in opposition to authorization of the proposed work. � � . NOTICE NO 2014-00864 APPLICANT NCDOT NOTICE DATE March 13, 2015 DUE DATE � April 13, 2015 Please note these comments do not satisfy your consultation responsibilities under section 7 of the Endangered Species Act of 1973, as amended. If the activity "may effect" listed species or critical habitat that are under the purview of NMFS, consultation should be initiated with our Protected . Resources Division at the letterhead address. Sincerely, Pace Wilber (for) Virginia M. Fay Assistant Regional Administrator Habitat Conservation Division �.'.�s,��, �� . � � ��,M�� %! � ;7 1�'�" L�� , �� 1p��`� : „ / North Carolina Department of Cultural Resources State Historic Preservation Office � Ramona M. Bartos, Adniinistratoc Govemor Pat McCrory Seczetary Susan HIuttz April 10, 2015 Crystal Amschler - Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 Office of Archives and History Deputy Secretary Kevin Cherry Re: Stream Impacts to Replace Bridge 12 on SR 1442 ovex Emerson Branch, Concord, SAW 2014-00864, Cabarrus County, ER 15-0624 . Dear Ms. Anschler: We have received a public notice concerning the above pYOject. We have conducted a review of the project and are aware of no historic resources which would be affected by the pYOject. TheYefoYe, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for yout coopeYation and consideration. If you have questions concerning the above coinment, contact Renee Gledhill-Eatley, environmental Yeview coordinator, at 919-807-6579 ox . enviroilinental.ievie�v a,ncdcr.��. In all future communication concerning this project, please cite the above referenced tracking numbex. Sincerely, j�,�.. ��i�.�: �.�..� . �Ramona M. Bartos f `�, i. . ,.,�j `..��q `..^i ;,�,� a �' j � ; . �. `:> �� . l,�ij r�� j? ��a ;. ,;, ,,; �� Location: 109 East Jones Street, Raleigh NC 2760] Mailing Address: 4617 Mail Service Center, Raleigh NC 27G99-4G17 Telephone/Fas: (919) 807-6570/807-G599