20090405 Ver 1_More Info Received_20090709

Gilleski, Lia
From: Vane, Andrew S. [[e-mail]]
Sent: Thursday, July 09, 2009 4:29 PM
To: [e-mail]
Cc: Karri Cecil Blackmon
Subject: Greensboro Randleman Water Line Crossing #15 Modification
Attachments: letter to usace randleman wl.pdf
Hi Lia,
Please find attached a copy of a letter I'm sending to Andrew Williams of the USACE. Karri spoke about this modification
with you a few weeks ago. Please feel free to email or call me (or Karri) if you have any questions. I will be in the field
tomorrow but will have my cell phone with me 704-770-6277.
Have a great day!
Sincerely,
Drew Vane
Andrew S. Vane, P.E.
Hazen and Sawyer, P.C.
4944 Parkway Plaza Blvd., Suite 375
Charlotte, North Carolina 28217
?A avane(cDhazenandsawyer.com
? 704.940.8913 office I S 704.770.6277 mobile
2 704.357.3152 fax I www.hazenandsaner.com
Hazen and Sawyer, P.C.
f 1AZEN AND SAMER 4944 Parkway Plaza Blvd.

Environmental Engineers & Scientists Suite 375
Charlotte, NC 28217
704 357-3150
July 9, 2009 Fax: [phone]
Mr. Andrew Williams
Regulatory Project Manager
US Army Corps of Engineers
Wilmington District, Raleigh Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
RE: City of Greensboro
Randleman Feeder Main Project
Action ID: SAW-2008-02587
Dear Mr. Williams:
We are writing to follow up your verbal approval to Ms. Karri Blackmon of Habitat Assessment
and Restoration Program (HARP) and provide written clarification to a modification to one of the
open-cut stream crossings formerly permitted by the USACE. As indicated in the EA Study and
Pre-Construction Notification and approved under the USACE 404 Permit, Hickory Creek
(Stream Crossing #15) was originally permitted as an open-cut. We are modifying this crossing
to be crossed via a jack and bore method (trenchless) with only temporary culverts placed in the
stream for temporary access. This represents less of a disturbance to Hickory Creek than was
originally permitted. As required, stream contours will remain or be finely graded to original
contours under the Nationwide 12 permit requirements. In addition, the temporary culverts will
be removed after construction and the area restored as close as possible to original conditions,
stabilized, matted and replanted with native vegetation, The modification and subsequent
restoration will greatly reduce the impact to Hickory Creek.
The attached drawing depicts the proposed crossing method. If you have any questions or
comments please feel free to contact me at your convenience at [phone].
Very Truly Yours,
HAZEN AND SAWYER, P.C.
Andrew S. Vane, PE
Sr. Principal Engineer
cc: Ernie Wilson, NCDOT
Lia Gilleski, NCDENR
Sonya Hyatt, COG
Attachments
New York, NY - Armonk, NY - Upper Saddle River, NJ - Raleigh, NC - Charlotte, NC - Vienna, VA - Hollywood, FL - Boca Raton, FL - Fort Pierce, FL - Jupiter, FL - Miami, FL - Bogota, D.E Colombia
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2008-02587 County: Guilford USGS Quad: Pleasant Garden; Greensboro
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: City of Greensboro--Attn: Allan Williams Director of Water Resources
Address: City of Greensboro
2602 S. Elm-Eugene Street
Greensboro, North Carolina 27406
Telephone No.: 336-373-2489
Size and location of property (water body, road name/number, town, etc.): 32 acres (approximately); The site is located
from northwest of Business 85 and west of US Highway 220, southward to Highway 62 and westward
Randleman Feeder Main 30" & 24" Water Transmission Main.
Description of projects area and activity: This authorization is for the temporary discharge of clean fill material
within fourteen (14) iurisdictionnl stream channels and one (1) adiacent wetland. The authorized temporary
impacts at each individual crossing is 30 linear feet for a total of 420 linear feet of temporary stream impacts. The
authorized temporary impacts for the adiacent wetland is 0.04 acre. The project must be conducted in accordance
with the application and drawings submitted on Aueust 13, 2008 and the additional drawings submitted on
September 9, 2008.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 12
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Andrew Williams at telephone number 919-876-4884 extension 26.
Corps Regulatory Official zdmw ? Date: October 24. 2008
Expiration Date of Verification: October 24.2010
Page 1 of 3
The Wilmington District is corntnitted to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the Customer Satisfaction Survey located at our website at hqp://reattintory.usacesurvey.com/ to complete the survey
online.
Determination of Jurisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued . Action ID
Basis of Jurisdictional Determination: The 14 stream channels are relatively permanent waters (RPWs) and are unnamed
unnamed tributaries were indicated by the followingphvsical characteristics: clear natural line impressed on the bank
shelving and the destruction of terrestrial vegetation The wetland is contiguous with an unnamed tributary to Polecat Creek
and meets the hvdroohvtic vegetation, tivetlnnd ltvdralogv and hydrie soil criteria of the 1987 ores of Engineers Wetland
Delineation Manual,
Appeals Information (This information applies only to approved jurisdictional determinations.)
Attached to this verification is an approved jurisdictional determination, If you are not in agreement with that approved jurisdictional
determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process
(NAP) fact sheet and request for appeal (RFA) form If you request to appeal this determination you must submit a completed RFA
form to the following address:
District Engineer, Wilmington Regulatory Division
Attn: Andrew Williams, Project Manager,
Raleigh Regulatory Field Office
U.S. Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by December 22, 2008.
**It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence."
Corps Regulatory Official: 44Ai4 J
Date October 24, 2008
Expiration Date October 24, 2013
Page 2 of 3
Summary of Authorized Impacts and Re uired Miti ation
Action ID NWP / GP Open Water ac Wetland ac Unimportant Steam ] Imp octant Stream I
# # Temporary Permanent Temporary Permanent Temporary Permanent Temporary Permanent
SAW-2008-
02587 MVP 12 0.04 420

Impact Totals 0 0 0.04 0 0 0 420 0
Total Loss of Waters of the U.S. ac 0 Total Loss of Waters of the U.S. 1 0
Required Wetland Mitigation ac 0 Required Stream Mitigation Qf) 10
Additional Remarks and/or Special Permit Conditions: None
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Sue Homewood
North Carolina Department of Natural Resources
Division of Water Quality
585 Waughtown Street
Winston-Salem, NC 27107
Kam Cecil Blackmon
President
Habitat Assessment and Restoration Program, Inc.
9305-D Monroe Road
Charlotte, North Carolina 28270
Page 3 of 3
Applicant: City of Greensboro--Attn: Allan Williams, File Number: SANV-2008-02587 Date: October 24, 2008
Director of Water Resources
Attached is: See Section below
I E] INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
PROFFERED PERMIT Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I?'he follouin=}^g Sde>xtri?s?your rt8hls aticppfipi}s?'$ar'c}trig#i a`titTtxiayepl>al of theboye
? F,r F ?. 1 ? 1 S i?{rIF is'4 , r ,S I',?'f+, r ? ?
declsron ;Aat tfronal infotrt?atXOr may e?£ound at`trLit ww usa ?rmry mtl/inetffix dtidrs/cwkecivb/teQ or
corps' 3
reigulat?tins=at:3
,rl
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the pennit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return die form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered pennit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the pen-nit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section lI of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
a APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
.? .T' } .? .?' {.. .- ? ?" •._ l ? 1. ,
SECTION II .RE 4. UES'C,:FOR APPEAL or.OB]ECTION ='O.ANt.1NITtAL'"PROFFERED.PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.

.?V.L .a.{I?,?,+? i :.4 .:i,'1} :.. t.?+- t ,.., ... E?i:$ t? fi("*a,h? '? LS i 1 Yt' 1 5 i 1
0s... ?} Y!' ._"F•7y? =,la .`1! yY?. ,jn ?L?!... : -. PJt :R": o. ?xs 3? r ;:1
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
Andrew Williams, Regulatory Project Manager Mr. Mike Bell, Administrative Appeal Review Officer
Raleigh Regulatory Field Office CESAD-ET-CO-R
U.S. Army Corps of Engineers U.S. Army Corps of Engineers, South Atlantic Division
3331 Heritage Trade Drive, Suite 105 60 Forsyth Street, Room 9M15
Wake Forest, North Carolina 27587 Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date: Telephone number:
Signature of a ellant or agent.
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this form to:
District Engineer, Wilmington Regulatory Division, Attn:Andrew Williams, Project Manager, Raleigh
Regulatory Field Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, North Carolina 27587
For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Bell,
Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room 9MI5, Atlanta, Georgia
30303-8801
Action ID Number:SAW-2008-02587
County:Guilford
Permittee: City of Greensboro--Attu: Allan Williams,. Director of Water Resources
Date Verification Issued: October 24, 2008
Project Manager: Andrew Williams
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
RALEIGH REGULATORY FIELD OFFICE
3331 HERITAGE TRADE DRIVE, SUITE 105
WAKE FOREST, NORTH CAROLINA 27587
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date
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