20231624 Ver 1_More Info Requested_20240125

TRANSYSTEMS
MEMORANDUM
To:
Julia Tillery, USACE
Zachary Thomas, DWR
Date:
1/25/2024
Attendees:
2400 Pershing Road, Suite 400
Kansas City, MO 64108
T 816-329-8700
F 816-329-8702
www.transystems.com
From:
Anna Reusche, TranSystems
Subject:
Regulatory Site Visit Meeting Minutes
Morgan Creek Interceptor Replacement
Chapel Hill, NC
Name
Company
Email
Julia Tillery
USACE
Julia.A.Tillery(@usace.army.mil
David Bailey
USACE
David. [e-mail]
Zachary Thomas
NCDWR
zachary.thomas(@deq.nc.gov
Joseph Myers
NCDWR
[e-mail]
Michael Penny
McKim and Creed
mpenny(@mckimcreed.com
Kinley Rojzman
McKim and Creed
[e-mail]
LarryAlewine
McKim and Creed
lalewine(@mckimcreed.com
Anna Reusche
TranSystems
[e-mail]
Comments:
The following summarizes findings from the regulatory field visit with the U.S. Army Corps of Engineers (USACE)
and N.C. Division of Environmental Quality (NCDEQ) held at the project site on January 25, 2024, to review the
wetland, stream and riparian buffer determination.
1. Morgan Creek Crossing
a. USACE:
i. Requested that M&C/TranSystems provide documentation indicating the proposed
project will not impeded normal high water flows
ii. Requested updates to temporary and permanent impacts
b. General Impact Drawing Changes:
i. USACE: The drawings should show the concrete pier as a temporary impact and note
that the pier is being removed completely and the streambed will be restored with
natural material
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ii. USACE: The drawings should show the clearance from bottom of proposed pipe to
bottom of stream bed
iii. DEQ: The drawings should include diagrams and explanation on dewatering and
sequence of events
iv. DEQ: The Drawings should show the existing permanent maintained utility easement
and proposed utility easement
v. DEQ: The buffer impacts call -outs and tables should include "Allowable" or "Allowable
w/ Mitigation"
c. M&C to provide
i. Justification that we will not impede the normal high-water flows and describe the
betterment the project is providing for flow (removing an old aerial crossing with
joints and removal of the old concrete pier, etc.)
ii. Permit impact drawing updates as noted above.
2. Tributary to Morgan Creek near Station 3+50
a. USACE:
i. The USACE has made a determination this is a jurisdictional intermittent stream
ii. USACE identified the stone inside the stream as existing. Excavation in this area is not
anticipated, but if required, needs to be restored to match existing conditions which
means the stone needs to be replaced and "keyed" in place
b. DWR
i. Prior DEQ determination did not identify this is a jurisdictional stream and therefore
the Jordan Buffer rules are not implemented. Assuming the prior determination has
not expired, the prior determination will remain effective and no buffers will be added
to the stream.
ii. A copy of the original DEQ Stream Determination dated 10/25/2022 (DWR Proj. No.
JBRRO #22-352) is included as an attachment. The State did not deem this stream
buffered at that time.
c. M&C
i. Add reference to "Jurisdictional Stream" to plans
ii. Restoration needs to be replace with native material and match existing grades and
dimensions
iii. If stone is required to meet Town requirements, it needs to be keyed into the bank
iv. Need to include as a stream impact on the impact maps
d. Action items
i. M&C to make the above updates
ii. TranSystems to resubmit showing the stream as an impact
3. Jordan Buffer Rules, comments from DWR
a. M&C to review the Jordan Buffer Rules Table of Uses and determine which rule applies to this
project and provide TranSystems for input/confirmation
b. M&C to create a map showing the proposed maintained corridor does not extend beyond the
existing maintained corridor into Zone 1
4. General comments:
USACE indicated today's water level is at the ordinary high water level which is below the
existing aerial crossing. M&C indicated the new aerial crossing is of similar invert elevation and
the USACE indicated based on that information, the new crossing should also be above the
normal high water level and therefore meet the requirement for not impeding flow. Based on
discussions of the betterments being provided as part of the project, USACE indicated the
project likely meets the NWP 58 requirements, however documentation needs to be provided
for USACE's review and records.
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