20081223 Ver 1_Other Agency Comments_20080919

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION 'T"?,TpA?
MICHAEL F EASLEY LYNDO TIPPEQIH
GOVERNOR SECRETARY
September 11, 2008
US Army Corps of Engineers
Regional Field Office
3331 Heritage Trade Drive, Suite 105 Q l 22?
Wake Forest, NC 27587
ATTENTION John Thomas
NCDOT Coordinator, Division 9
Dear Sir
Subject Response to Request for Compensatory Stream Mitigation for the replacement of Bridge
Nos 221 and 222 over Muddy Creek on US 421, Forsyth County Federal Aid Project Number
BRZ-1844(1), WBS No 34409 1 1, State Project No 6 628001T, Division 9, T I P No B-4507
(R-2247CC)
At your request the North Carolina Department of Transportation (NCDOT) will provide 471mear feet of
compensatory stream mitigation for impacts to Site 1 (pages 2 and 8 of permit drawing package) at a 1 1
ratio The original permit application was sent to and received in your office on August 13, 2008 The
unpacts at Site 1 are due to the extension of the reinforced concrete pipe (RCP)
The stream mitigation will be provided by the NC Ecological Enhancement Program (NCEEP) Attached
is the NCEEP acceptance letter along with the revised Pre-Construction Notification (PCN) noting the
stream mitigation requirements If you have any questions or need additional information, please call
Greg Price at 715-5533
Sincere y,
T"' Gregory Thorpe, Ph D
Environmental Management Director, PDEA
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Cc Mr Brian Wrenn, NCDWQ (2 Copies)
MAILING ADDRESS
NC DEPARTMENT OF TRANSPORTATION
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS
NATURAL ENVIRONMENT UNIT
1598 MAIL SERVICE CENTER
RALEIGH NC 27699-1598
TELEPHONE [phone] or
919-715-1335
LOCATION
2728 CAPITAL BLVD SUITE 240
RALEIGH NC 27604
FAX [phone]
WEBSITE WWW NCDOT ORG
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this protect, please enter "Not Applicable" or "N/A" )
1. Processing
1 Check all of the approval(s) requested for this project
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2 Nationwide, Regional or General Permit Number(s) Requested NW 23, 33, & 13
3 If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here ?
4 If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here
5 If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here ?
II. Applicant Information
Owner/Applicant Information
Name North Carolina Department of Transportation
Mailing Address _ Gregory J Thorpe, Ph D , Manager
Project Development and Environmental Analysis Branch
1598 Mail Service Center
Raleigh, NC 27699-1598
Telephone Number 919-733-3141 Fax Number 919-733-9794
E-mail Address gthorpe dot state nc us
2 Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant )
Name ,
Company Affiliation
Mailing Address _
Telephone Number
E-mail Address
Fax Number
Page I of 8
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties Both the vicinity map
and site plan must include a scale and north arrow The specific footprints of all buildings,
impervious surfaces, or other facilities must be included If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format,
however, DWQ may accept paperwork of any size DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided
1 Name of project Replace Bridge Nos 221 and 222 over Muddy Creek on US 421
2 T I P Project Number or State Project Number (NCDOT Only) B-4507 (R-2247CC)_
3 Property Identification Number (Tax PIN)
N/A
4 Location
County Forsyth Nearest Town Winston-Salem
Subdivision name (include phase/lot number) N/A
Directions to site (include road numbers/names, landmarks, etc) Site is located on US 421
over Muddy Creek
5 Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody )
Decimal Degrees (6 digits nummum) 80 365307 ON 36 073776 °W
6 Property size (acres) Please refer to attached drawings
7 Name of nearest receiving body of water Muddy Creek and its UTs
8 River Basin Yadkin
(Note - this must be one of North Carolina's seventeen designated mayor river basins The
River Basin map is available at http //h2o enr state nc us/admin/maps/ )
9 Describe the existing conditions on the site and general land use in the vicinity of the protect
at the time of this application The local area surrounding the proposed project consists of
gently rolling hills and land use is best described as residential development, agriculture and
natural forest vegetation
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used NCDOT
proposes to replace Bridge Nos 221 and 222 over Muddy Creek and extend a reinforced
concrete pipe (RCP) on UT to Muddy Creek on US 421 Heavy construction equipment such
as cranes, excavators and dump trucks will be utilized during construction
11 Explain the purpose of the proposed work The existing bridges were constructed in 1958
and received a sufficiency rating of 48 6 and 64 4 out of a possible 100 for a new structure
during the last bride inspection Based on these ratings the bridges are considered
functionally obsolete and structurally deficient The project proposes to replace the existing
bndges, resulting in safer transportation
IV. Prior Project History
If junsdit;tional determinations and/or permits have been requested and/or obtained for tlus
project (including all prior phases of the same subdivision) in the past, please explain Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn Provide photocopies of previously issued permits,
certifications or other useful information Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable) If this is a NCDOT project,
list and describe permits issued for prior segments of the same T I P project, along with
construction schedules A jurisdictional determination letter was issued for streams on this
project by the USACE on August 28, 2003 (Action ID # 200320170)
V. Future Project Plans
Are any future permit requests anticipated for this project9 If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project Each impact must be
listed separately in the tables below (e g , culvert installation should be listed separately from
nprap dissipater pads) Be sure to indicate if an impact is temporary All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems
Wetland and stream evaluation and delineation forms should be included as appropriate
t Photographs may be included at the applicant's discretion If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below If additional
space is needed for listing or description, please attach a separate sheet
Page 3 of 8
I Provide a written description of the proposed impacts Approximately 265 linear feet linear
feet of warm perennial streams will be impacted resulting from bridge construction Another
12 linear feet for UT to Muddy Creek will be temporarily impacted
2 Individually list wetland impacts Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc For dams,
separately list impacts due to both structure and flooding
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e g , forested, marsh,
herbaceous, bog, etc) Located within
100-year
Floodplam
(yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)

Total Wetland Impact (acres)
List the total acreage (estimated) of all existing wetlands on the property N/A
4 Individually list all intermittent and perennial stream impacts Be sure to identify temporary
impacts Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e g , cement walls, rip-rap, crib
walls, gabions, etc ), excavation, ditching/straightening, etc If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included To calculate acreage, multiply length X width, then divide by 43,560
Stream Impact
Perennial or Average Impact Area of
Number Stream Name Type of Impact Intermrt
tent? Stream Width Length Impact
indicate on ma
( ) Before Impact (linear feet (acres)

Site 1 (Perm) UT to Muddy Creek RCP extension Perennial 3 feet 47 0 01
Site 1 (Temp) UT to Muddy Creek RCP extension Perennial 3 feet 12 0 01
Site 2 (Perm) Muddy Creek Bank stabilization Perennial 50 feet 186 0 01*
Site 2 (Temp) Muddy Creek Temp causeway for Perennial 50 feet 80** 0 04
bridge construction
Site 3 (Perm) UT to Muddy Creek Riprap fill in Perennial 3 feet 10 0 01
channel
Site 4 (Perm) UT to Muddy Creek Riprap fill in Perennial 3 feet 22 001
channel
Total Stream Impact (by length and acreage) 277 0 09
* Impacts do not cover entire width of channel
** These temporary impacts are in same reach of stream as permanent impacts and therefore not calculated in total length
Page 4 of 8
5 Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U S ) Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc
Open Water Impact
Site Number
(indicate on ma) Name Waterbody
(if applicable) e)
Type of Impact Type of Waterbody
(lake, Pand estuary, sound, bay,
ocean, etc) Area of
Impact
(acres)
N/A

Total Open Water Impact (acres) 0
6 List the cumulative impact to all Waters of the U S resulting from the vrolect
Stream Impact (acres) 0 09
Wetland Impact (acres) NA
Open Water Impact (acres) NA
Total Impact to Waters of the U S (acres) 0 09
Total Stream Impact (linear feet) 277
7 Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet) Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE
N/A
8 Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections Also, the proposed pond should
be described here and illustrated on any maps included with this application
Pond to be created in (check all that apply) ? uplands ? stream ? wetlands
Describe the method of construction (e g , dam/embankment, excavation, installation of
draw-down valve or spillway, etc) N/A
Proposed use or purpose of pond (e g, livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc) N/A
Current land use in the vicinity of the pond N/A
Size of watershed draining to pond N/A Expected pond surface area N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the protect The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible Also discuss how impacts
were minimized once the desired site plan was developed If applicable, discuss construction
techniques to be followed during construction to reduce impacts
Page 5 of 8
See cover letter
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H 0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed Examples of mitigation that may be appropriate and practicable include,
but are not limited to reducing the size of the project, establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams, and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http //h2o enr state nc us/ncwetlands/strmglde html
1 Provide a brief description of the proposed mitigation plan The description should provide
as much information as possible, including, but not limited to site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e g, deed restrictions, conservation easement, etc ), and a
description of the current site conditions and proposed method of construction Please attach
a separate sheet if more space is needed
2 Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP) Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http //h2o enr state nc us/wrp/index htm If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information
Amount of stream mitigation requested (linear feet) 47 (Site 1)
Amount of buffer mitigation requested (square feet)
Page 6 of 8
Amount of Riparian wetland mitigation requested (acres) _
Amount of Non-npanan wetland mitigation requested (acres)
Amount of Coastal wetland mitigation requested (acres)
IX. Environmental Documentation (required by DWQ)
1 Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ?
2 If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)'?
Note If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation
Yes ® No ?
3 If yes, has the document review been finalized by the State Cleannghouse9 If so, please
attach a copy of the NEPA or SEPA final approval letter Yes ® No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project The applicant must also provide
justification for these impacts in Section VII above All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan All buffers must be shown on a
map, whether or not impacts are proposed to the buffers Correspondence from the DWQ
Regional Office may be included as appropriate Photographs may also be included at the
applicant's discretion
Will the project impact protected riparian buffers identified within 15A NCAC 2B 0233
(Meuse), 15A NCAC 2B 0259 (Tar-Pamlico), 15A NCAC 02B 0243 (Catawba) 15A NCAC
2B 0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
2 If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers
Zone* (sqImpact uare feet) Multiplier MRequired
itigation
1 3
2 15
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel, Zone 2 extends an
additional 20 feet from the edge of Zone 1
If buffer mitigation is required, please discuss what type of mitigation is proposed (i e , Donation
of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer
Page 7 of 8
Restoration Fund) Please attach all appropriate information as identified within 15A NCAC 2B
0242 or 0244, or 0260
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility
N/A
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H 0500) or any Buffer Rules9
Yes ? No
Is this an after-the-fact permit application9 Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality9 Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
htt) //h2o enr state nc us/ncwetlands If no, please provide a short narrative description
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e g , draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control)
N/A
6,
1' 1(`C(U
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided)
Page 8 of 8
RECEIVED
SEP 8 2008
DIVISION OF HIGHWAYS
PDEA-OFFICE OF WURAL ENVIRONMENT
September 4, 2008
Mr Gregory J Thorpe, Ph D
Environmental Management Director
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Dr Thorpe
Subject EEP Mitigation Acceptance Letter
B-4507 (R-2247CC), Replace Bridge Numbers 221 and 222 over
Muddy Creek on US 421, Forsyth County
The purpose of this letter is to notify you that the Ecosystem Enhancement
Program (EEP) will provide the compensatory stream mitigation for the subject project
Based on the information supplied by you on August 27, 2008, the impacts are located in
CU 03040101 of the Yadkin River Basin in the Central Piedmont (CP) Eco-Region, and
are as follows
Warm Stream 47 feet
EEP commits to implementing sufficient stream mitigation credits to offset the
impacts associated with this project by the end of the MOA Year in which this project is
permitted, in accordance with Section X of the Amendment No 2 to the Memorandum of
Agreement between the North Carolina Department of Environment and Natural
Resources, the North Carolina Department of Transportation, and the U S Army Corps
of Engineers, fully executed on March 8, 2007 If the above referenced stream impact
amounts are revised, then this mitigation acceptance letter will no longer be valid and a
new mitigation acceptance letter will be required from EEP
R ?StOI??... c?'.. PrOtPztL Our Sta tE ©D A
EHR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www nceep net
If you have any questions or need additional information, please contact Ms Beth
Harmon at 919-715-1929
Sincerely,

William D Gilmore, P E
EEP Director
cc Mr Eric Alsmeyer, USACE - Raleigh Regulatory Field Office
Mr Brian Wrenn, Division of Water Quality, Wetlands/401 Unit
File B-4507
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'System t,
i i i v A 5 } F
PROGRAM
September 4, 2008
Mr Eric Alsmeyer
U S Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Dear Mr Alsmeyer
Subject EEP Mitigation Acceptance Letter
B-4507 (R-2247CC), Replace Bridge Numbers 221 and 222 over Muddy
Creek on US 421, Forsyth County, Yadkin River Basin (Cataloging Unit
03040101), Central Piedmont (CP) Eco-Region
The purpose of this letter is to notify you that the Ecosystem Enhancement Program
(EEP) will provide the compensatory stream mitigation for the unavoidable impact associated
with the above referenced project As indicated in the NCDOT's mitigation request dated August
27, 2008, stream mitigation from EEP is required for approximately 47 feet of warm stream
impacts
Stream mitigation associated with this project will be provided in accordance with
Section X of the Amendment No 2 to the Memorandum of Agreement between the N C
Department of Environment and Natural Resources, the N C Department of Transportation, and
the U S Army Corps of Engineers fully executed on March 8, 2007 (Tri-Party MOA) EEP
commits to implement sufficient riparian wetland mitigation up to 94 warm stream credits to
offset the impacts associated with this project by the end of the MOA year in which this project is
permitted If the above referenced impact amounts are revised, then this mitigation acceptance
letter will no longer be valid and a new mitigation acceptance letter will be required from EEP
If you have any questions or need additional information, please contact Ms Beth
Harmon at 919-715-1929
Sincerely,
f
William D Gilmore, P E
EEP Director
cc Mr Gregory J Thorpe, Ph D, NCDOT-PDEA
Mr Brian Wrenn, Division of Water Quality, Wetlands/401 Unit
File B-4507
A -A
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center Raleigh NC 17699-165) / 919-7KAVA i