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HomeMy WebLinkAbout20190006 Ver 1_More Info Received_20190415Homewood, Sue From: Hugh Creed Associates Inc, P.A. <hca@hughcreedassociates.com> Sent: Monday, April 15, 2019 12:46 PM To: David.E.Bailey2@usace.army.mil; Buddy Lyons Cc: Homewood, Sue Subject: [External] RE: Request for Additional Information: Thatcher Woods phase 2, NWP 29 verification request; SAW -2018-01829 Attachments: RE: [External] RE: Request for Additional Information: Thatcher Woods phase 2, NWP 29 verification request; SAW -2018-01829; Thatcher Woods DMS Acceptance.pdf, Thatcher Woods Dr Crossing 2019-03-22.pdf, 20190408 _HughCreedAssoc_EllistoClayton_LTRSNT_7776AIcornRdOakRidgeTownship.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<maiIto: report.spam@nc.gov> David, Attached are the additions/revised information you requested. Please review and let me know if you need additional information and what the next step is. Thank you, Mary Smith HUGH CREED ASSOCIATES, INC., P.A. Civil Engineers and Land Surveyors 1306 W. Wendover Ave. Greensboro, NC 27408 (T) 336-275-9826 (F) 336-275-3379 -----Original Message ----- From: Bailey, David E CIV USARMY CESAW (USA) <David.E.Bailey2@usace.army.mil> Sent: Friday, February 22, 2019 10:25 AM To: Hugh Creed Associates Inc, P.A. <hca@hughcreedassociates.com>; Buddy Lyons <buddy@ leoterradevelopment.com> Cc: Homewood, Sue <sue.homewood@ncdenr.gov> Subject: RE: Request for Additional Information: Thatcher Woods phase 2, NWP 29 verification request; SAW -2018- 01829 Thank you for the revised and additional information you submitted for the above referenced project on 2/8/2019. The information you provided successfully addressed my concerns about items 1-3, 4a, 4c, 5, and 6 from my Request for Additional Information dated 1/3/2019. In particular, your conceptual alternative plan of an Alton Drive extension and associated wetland/stream crossing was very useful in documenting your avoidance and minimization efforts. Additional information is still needed to address items 4b, 4d, 7, and 8. Specifically, the following is needed: 4b. The Corps appreciates your redesign of the proposed culvert to place the culvert at grade. Please note that NCDWR must also concur with this re -design. 4d. Given that the proposed 54" RCP would be located in the western extent of the geomorphic floodplain, please redesign the location of the two 18" floodplain pipes to both be located on the east side of the 54" RCP. It appears that the relatively -level geomorphic floodplain extends approximately 45 feet perpendicular to the east of the proposed 54" RCP. Could one of the 18" pipes be placed approximately at the eastern edge of the geomorphic floodplain (i.e. approximately 45 feet perpendicular to the east of the 54"RCP), and the other 18" pipe split the distance between the 54" RCP and the eastern -most 18" pipe? Please update the "Thatcher Woods Drive Stream Crossing Sketch Plan", "Overall Stream Crossing Plan", and "Thatcher Woods Drive Stream Crossing Plan View" sheets accordingly. Also, please provide a cross-section of the proposed Thatcher Woods Drive Stream Crossing showing the 54" RCP and two 18" RCPs position vs. existing grade; note that the 18" RCPs should not be buried, but rather placed at the existing geomorphic floodplain elevation (per NWP 29 Regional Condition 3.6.3). 7. We acknowledge, per your response, that you have reached out to USFWS regarding effect determinations for threatened and endangered species for this project. Per our previous email, The Corps cannot verify the use of a Nationwide Permit until the Section 7 consultation process is complete. 8. The Corps is satisfied with your responses to items 1-3, 4a -c, 5, and 6 from my Request for Additional Information dated 1/3/2019. As such, please provide a compensatory mitigation plan for proposed wetland impacts per NWP 29 General Condition 23(c). Unless otherwise justified based on a functional assessment (i.e. NC Wetland Assessment Method), compensatory mitigation is typically required at a 2:1 mitigation to impact ratio. You must also submit compensatory mitigation acceptance documents from a private mitigation bank with an appropriate service area, type of credits, and sufficient available credits. Or, you must submit the same from the NC Division of Mitigation Services (see 33 CFR part 332). Please note that the Corps verification of the use of NWP 29 remains on hold until the above are satisfied. Please let me know if you have any questions. -Dave Bailey David E. Bailey, PWS Regulatory Project Manager US Army Corps of Engineers CE -SAW -RG -R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone: (919) 554-4884, Ext. 30. Fax: (919) 562-0421 Email: David. E.Bailey2@usace.army.miI We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Thank you for taking the time to visit this site and complete the survey. -----Original Message ----- From: Hugh Creed Associates Inc, P.A.[mailto:hca@hughcreedassociates.com] Sent: Friday, February 8, 2019 2:35 PM To: Bailey, David E CIV USARMY CESAW (USA) <David.E.Bailey2@usace.army.mil> Subject: [Non-DoD Source] RE: Request for Additional Information: Thatcher Woods phase 2, NWP 29 verification request; SAW -2018-01829 Mr. Bailey, Attached is the revised PCN and additional documentation for further review. Please let me know if you need additional information. Thank you, Mary Smith HUGH CREED ASSOCIATES, INC., P.A. Civil Engineers and Land Surveyors 1306 W. Wendover Ave. Greensboro, NC 27408 (T) 336-275-9826 (F) 336-275-3379 From: Bailey, David E CIV USARMY CESAW (US)<David.E.Bailey2@usace.army.mil> Sent: Thursday, January 03, 2019 4:44 PM To: Buddy Lyons <buddy@leoterradevelopment.com> Cc: Homewood, Sue <sue.homewood@ncdenr.gov>; Hugh Creed Associates Inc, P.A. <hca@hughcreedassociates.com> Subject: Request for Additional Information: Thatcher Woods phase 2, NWP 29 verification request; SAW -2018-01829 Mr. Lyons, Thank you for your PCN and attached information, received on 12/14/2018, for the above referenced project. I have reviewed the information and need clarification before proceeding with verifying the use of Nationwide Permit (NWP) 29 (Blockedhttp://saw-eg.usace.army.mil/NWP2017/2017NWP29.pdf). Please submit the requested information below (via e-mail is fine) within 30 days of receipt of this Notification, otherwise we may deny verification of the use of the Nationwide Permit or consider your application withdrawn and close the file: 1. Overall development design should be revised significantly to show additional avoidance and minimization (per NWP 29 General Condition 23). The proposed road crossing would impact 0.29 acre of riparian wetlands, which is a considerably higher amount than most residential road crossings in this ecoregion. Note also that these wetlands appear to have medium to high functional value due to their direct connection to a stream and proximity to Reedy Creek and its floodplain. The crossing location should be redesigned to cross the stream and wetland complex higher in the drainage (perhaps as a continuation of Alston Drive), thereby significantly reducing wetland impacts; 2. Additional minimization of stream and wetland impacts could occur by adding a headwall to the downstream end of the proposed culvert (per NWP 29 General Condition 23), which is a standard practice for most residential and commercial road crossings; 3. The overall plansheet (Sheet 1) lacks the resolution necessary to discern the wetland boundaries, boundary of 100 - year floodplain, and lot numbers. Please update accordingly; we suggest using a solid line of a different color for wetland (green?) and streams (blue?); 4. The following are comments on Sheets 2 and 3: a. When roughly scaling Sheet 2, 1 calculated approximately 0.65 acre of permanent wetland impact, which is inconsistent with your PCN and also would exceed the allowable wetland impact thresholds under NWP 29. Please confirm your calculations and double check your pan sheet scale; b. Given the slope of the proposed culvert (2.35%), the Corps does not suggest a V burial of the pipe due to the risk of headcutting upstream. Please also coordinate with NCDWR on this requirement and redesign accordingly; C. Our recent experience is that the rip rap pad should be designed such that the rip rap is keyed into the top of the stream bed, rather than designing for an elevation for the top of the rip rap. The top of the rip rap should generally be set at the invert of the culvert outlet and tie into the natural stream channel grade at the end of the rip rap pad. Further, the rip rap in the channel bed should be slightly lower than rip rap on the bank. These requirements are intended to maintain compliance with NWP 29 Regional Conditions 3.6 and 4.1.6; d. When crossing such a wide geomorphic floodplain containing riparian wetlands, at -grade floodplain culvert pipes would need to be added to the wetland crossing to maintain a hydrological connection throughout the wetland crossing (per NWP 29 Regional Conditions 3.6.1 and 3.6.2); 5. The eastern terminus of Thatcher Woods Drive appears to encroach into or be pointed at a wetland complex to the east. Clearly show this wetland boundary on the plans (perhaps a zoom -in would be helpful) as delineated in the field by Pilot Environmental, Inc. Also clearly show the limits of disturbance around this road terminus. It is clear that extending this road onto adjacent property would impact wetlands and streams on that property; we suggest terminating the road further west from the property line to allow for avoidance and minimization of wetland and stream impacts when this road is proposed for extension in the future; 6. On the PCN: a. Section C.2: rip rap would be a permanent impact, although it would not currently count towards the mitigation thresholds typified in NWP 29 General Condition 23(c) b. Sections 5 and 7 are not filled out and the signature lacks a date; 7. The Corps must ensure compliance with Section 7 of the Endangered Species Act prior to verifying the use of a Nationwide Permit. Note that several threatened and endangered species have been added to Guilford County in the last few months by the US Fish and Wildlife Service (USFWS). The specific species include: Roanoke logperch (Percina rex), Cape Fear shiner (Notropis mekistocholas), small whorled pogonia (Isotria medeoloides), and Schweinitz's sunflower (Helianthus schweinitzii). You have provided no indication that any species-specific surveys have occurred in relation to this project, particularly related to small whorled pogonia (Isotria medeoloides) and Schweinitz's sunflower. As such, it is possible that USFWS may require such species surveys to render concurrences on effects determinations during Corps consultation. The Corps cannot verify the use of a Nationwide Permit until the Section 7 consultation process is complete. Further, our USFWS contacts are currently on furlough due to the partial Federal Government shutdown; 8. Per NWP 29 General Condition 23(c), compensatory mitigation is required for your proposed wetland impacts. Unless otherwise justified based on a functional assessment (i.e. NC Wetland Assessment Method), compensatory mitigation is typically required at a 2:1 mitigation to impact ratio. You must also submit compensatory mitigation acceptance documents from a private mitigation bank with an appropriate service area, type of credits, and sufficient available credits. Or, you must submit the same from the NC Division of Mitigation Services (see 33 CFR part 332). Note that, per # 1 above, it is highly likely that you could redesign the crossing location to either significantly reduce your compensatory mitigation requirement, or reduce it below the thresholds typified in NWP 29 General Condition 23(c); Please let me know if you have any questions. -Dave Bailey David E. Bailey, PWS Regulatory Project Manager US Army Corps of Engineers CE -SAW -RG -R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone: (919) 554-4884, Ext. 30. Fax: (919) 562-0421 Email: David. E.Bailey2@usace.army.mil<maiIto: David. E.Bailey2@usace.army.miI> We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: Blockedhttp://corpsmapu.usace.army.miI/cm_apex/f?p=136:4:0 Thank you for taking the time to visit this site and complete the survey. Homewood, Sue From: Homewood, Sue <sue.homewood@ncdenr.gov> Sent: Wednesday, February 27, 2019 9:15 AM To: David.E.Bailey2@usace.army.mil; Hugh Creed Associates Inc, P.A.; Buddy Lyons Subject: RE: [External] RE: Request for Additional Information: Thatcher Woods phase 2, NWP 29 verification request; SAW -2018-01829 DWR concurs with the redesign of the culvert at grade. I will work on completing my review as soon as possible. Please continue to copy me on any responses you send to David. Thanks, Sue Homewood Division of Water Resources, Winston Salem Regional Office Department of Environmental Quality 336 776 9693 office 336 813 1863 mobile Sue. Homewood@ncdenr.gov 450 W. Hanes Mill Rd, Suite 300 Winston Salem NC 27105 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Bailey, David E CIV USARMY CESAW (USA) <David.E.Bailey2@usace.army.mil> Sent: Friday, February 22, 2019 10:25 AM To: Hugh Creed Associates Inc, P.A. <hca@hughcreedassociates.com>; Buddy Lyons <buddy@ leoterradevelopment.com> Cc: Homewood, Sue <sue.homewood@ncdenr.gov> Subject: [External] RE: Request for Additional Information: Thatcher Woods phase 2, NWP 29 verification request; SAW - 2018 -01829 CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<maiIto: report.spam@nc.gov> Thank you for the revised and additional information you submitted for the above referenced project on 2/8/2019. The information you provided successfully addressed my concerns about items 1-3, 4a, 4c, 5, and 6 from my Request for Additional Information dated 1/3/2019. In particular, your conceptual alternative plan of an Alton Drive extension and associated wetland/stream crossing was very useful in documenting your avoidance and minimization efforts. Additional information is still needed to address items 4b, 4d, 7, and 8. Specifically, the following is needed: 4b. The Corps appreciates your redesign of the proposed culvert to place the culvert at grade. Please note that NCDWR must also concur with this re -design. 4d. Given that the proposed 54" RCP would be located in the western extent of the geomorphic floodplain, please redesign the location of the two 18" floodplain pipes to both be located on the east side of the 54" RCP. It appears that the relatively -level geomorphic floodplain extends approximately 45 feet perpendicular to the east of the proposed 54" RCP. Could one of the 18" pipes be placed approximately at the eastern edge of the geomorphic floodplain (i.e. approximately 45 feet perpendicular to the east of the 54"RCP), and the other 18" pipe split the distance between the 54" RCP and the eastern -most 18" pipe? Please update the "Thatcher Woods Drive Stream Crossing Sketch Plan", "Overall Stream Crossing Plan", and "Thatcher Woods Drive Stream Crossing Plan View" sheets accordingly. Also, please provide a cross-section of the proposed Thatcher Woods Drive Stream Crossing showing the 54" RCP and two 18" RCPs position vs. existing grade; note that the 18" RCPs should not be buried, but rather placed at the existing geomorphic floodplain elevation (per NWP 29 Regional Condition 3.6.3). 7. We acknowledge, per your response, that you have reached out to USFWS regarding effect determinations for threatened and endangered species for this project. Per our previous email, The Corps cannot verify the use of a Nationwide Permit until the Section 7 consultation process is complete. 8. The Corps is satisfied with your responses to items 1-3, 4a -c, 5, and 6 from my Request for Additional Information dated 1/3/2019. As such, please provide a compensatory mitigation plan for proposed wetland impacts per NWP 29 General Condition 23(c). Unless otherwise justified based on a functional assessment (i.e. NC Wetland Assessment Method), compensatory mitigation is typically required at a 2:1 mitigation to impact ratio. You must also submit compensatory mitigation acceptance documents from a private mitigation bank with an appropriate service area, type of credits, and sufficient available credits. Or, you must submit the same from the NC Division of Mitigation Services (see 33 CFR part 332). Please note that the Corps verification of the use of NWP 29 remains on hold until the above are satisfied. Please let me know if you have any questions. -Dave Bailey David E. Bailey, PWS Regulatory Project Manager US Army Corps of Engineers CE -SAW -RG -R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone: (919) 554-4884, Ext. 30. Fax: (919) 562-0421 Email: David. E.Bailey2@usace.army.miI We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Thank you for taking the time to visit this site and complete the survey. -----Original Message ----- From: Hugh Creed Associates Inc, P.A.[mailto:hca@hughcreedassociates.com] Sent: Friday, February 8, 2019 2:35 PM To: Bailey, David E CIV USARMY CESAW (USA) <David.E.Bailey2@usace.army.mil> Subject: [Non-DoD Source] RE: Request for Additional Information: Thatcher Woods phase 2, NWP 29 verification request; SAW -2018-01829 Mr. Bailey, Attached is the revised PCN and additional documentation for further review. Please let me know if you need additional information. Thank you, Mary Smith HUGH CREED ASSOCIATES, INC., P.A. Civil Engineers and Land Surveyors 1306 W. Wendover Ave. Greensboro, NC 27408 (T) 336-275-9826 (F) 336-275-3379 From: Bailey, David E CIV USARMY CESAW (US)<David.E.Bailey2@usace.army.mil> Sent: Thursday, January 03, 2019 4:44 PM To: Buddy Lyons <buddy@leoterradevelopment.com> Cc: Homewood, Sue <sue.homewood@ncdenr.gov>; Hugh Creed Associates Inc, P.A. <hca@hughcreedassociates.com> Subject: Request for Additional Information: Thatcher Woods phase 2, NWP 29 verification request; SAW -2018-01829 Mr. Lyons, Thank you for your PCN and attached information, received on 12/14/2018, for the above referenced project. I have reviewed the information and need clarification before proceeding with verifying the use of Nationwide Permit (NWP) 29 (Blockedhttp://saw-eg.usace.army.mil/NWP2017/2017NWP29.pdf). Please submit the requested information below (via e-mail is fine) within 30 days of receipt of this Notification, otherwise we may deny verification of the use of the Nationwide Permit or consider your application withdrawn and close the file: 1. Overall development design should be revised significantly to show additional avoidance and minimization (per NWP 29 General Condition 23). The proposed road crossing would impact 0.29 acre of riparian wetlands, which is a considerably higher amount than most residential road crossings in this ecoregion. Note also that these wetlands appear to have medium to high functional value due to their direct connection to a stream and proximity to Reedy Creek and its floodplain. The crossing location should be redesigned to cross the stream and wetland complex higher in the drainage (perhaps as a continuation of Alston Drive), thereby significantly reducing wetland impacts; 2. Additional minimization of stream and wetland impacts could occur by adding a headwall to the downstream end of the proposed culvert (per NWP 29 General Condition 23), which is a standard practice for most residential and commercial road crossings; 3. The overall plansheet (Sheet 1) lacks the resolution necessary to discern the wetland boundaries, boundary of 100 - year floodplain, and lot numbers. Please update accordingly; we suggest using a solid line of a different color for wetland (green?) and streams (blue?); 4. The following are comments on Sheets 2 and 3: a. When roughly scaling Sheet 2, 1 calculated approximately 0.65 acre of permanent wetland impact, which is inconsistent with your PCN and also would exceed the allowable wetland impact thresholds under NWP 29. Please confirm your calculations and double check your pan sheet scale; b. Given the slope of the proposed culvert (2.35%), the Corps does not suggest a V burial of the pipe due to the risk of headcutting upstream. Please also coordinate with NCDWR on this requirement and redesign accordingly; C. Our recent experience is that the rip rap pad should be designed such that the rip rap is keyed into the top of the stream bed, rather than designing for an elevation for the top of the rip rap. The top of the rip rap should generally be set at the invert of the culvert outlet and tie into the natural stream channel grade at the end of the rip rap pad. Further, the rip rap in the channel bed should be slightly lower than rip rap on the bank. These requirements are intended to maintain compliance with NWP 29 Regional Conditions 3.6 and 4.1.6; d. When crossing such a wide geomorphic floodplain containing riparian wetlands, at -grade floodplain culvert pipes would need to be added to the wetland crossing to maintain a hydrological connection throughout the wetland crossing (per NWP 29 Regional Conditions 3.6.1 and 3.6.2); 5. The eastern terminus of Thatcher Woods Drive appears to encroach into or be pointed at a wetland complex to the east. Clearly show this wetland boundary on the plans (perhaps a zoom -in would be helpful) as delineated in the field by Pilot Environmental, Inc. Also clearly show the limits of disturbance around this road terminus. It is clear that extending this road onto adjacent property would impact wetlands and streams on that property; we suggest terminating the road further west from the property line to allow for avoidance and minimization of wetland and stream impacts when this road is proposed for extension in the future; 6. On the PCN: a. Section C.2: rip rap would be a permanent impact, although it would not currently count towards the mitigation thresholds typified in NWP 29 General Condition 23(c) b. Sections 5 and 7 are not filled out and the signature lacks a date; 7. The Corps must ensure compliance with Section 7 of the Endangered Species Act prior to verifying the use of a Nationwide Permit. Note that several threatened and endangered species have been added to Guilford County in the last few months by the US Fish and Wildlife Service (USFWS). The specific species include: Roanoke logperch (Percina rex), Cape Fear shiner (Notropis mekistocholas), small whorled pogonia (Isotria medeoloides), and Schweinitz's sunflower (Helianthus schweinitzii). You have provided no indication that any species-specific surveys have occurred in relation to this project, particularly related to small whorled pogonia (Isotria medeoloides) and Schweinitz's sunflower. As such, it is possible that USFWS may require such species surveys to render concurrences on effects determinations during Corps consultation. The Corps cannot verify the use of a Nationwide Permit until the Section 7 consultation process is complete. Further, our USFWS contacts are currently on furlough due to the partial Federal Government shutdown; 8. Per NWP 29 General Condition 23(c), compensatory mitigation is required for your proposed wetland impacts. Unless otherwise justified based on a functional assessment (i.e. NC Wetland Assessment Method), compensatory mitigation is typically required at a 2:1 mitigation to impact ratio. You must also submit compensatory mitigation acceptance documents from a private mitigation bank with an appropriate service area, type of credits, and sufficient available credits. Or, you must submit the same from the NC Division of Mitigation Services (see 33 CFR part 332). Note that, per # 1 above, it is highly likely that you could redesign the crossing location to either significantly reduce your compensatory mitigation requirement, or reduce it below the thresholds typified in NWP 29 General Condition 23(c); 4 Please let me know if you have any questions. -Dave Bailey David E. Bailey, PWS Regulatory Project Manager US Army Corps of Engineers CE -SAW -RG -R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone: (919) 554-4884, Ext. 30. Fax: (919) 562-0421 Email: David. E.Bailey2@usace.army.mil<maiIto: David. E.Bailey2@usace.army.miI> We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: Blockedhttp://corpsmapu.usace.army.miI/cm_apex/f?p=136:4:0 Thank you for taking the time to visit this site and complete the survey. United States Department of the Interior Norris Clayton Hugh Creed Associates, Inc. PO Box 9623 Greensboro, NC 27429 FISH AND WILDLIFE SERVICE Raleigh ES Field Office Post Office Box 33726 Raleigh, North Carolina' -2 763 6-3 726 April 8, 2019 Re: 7776 Alcorn Road, Oak Ridge Township — Guilford County, NC Dear Mr. Clayton: This letter is to inform you that the Service has established an on-line project planning and consultation process which assists developers and consultants in determining whether a federally -listed species or designated critical habitat may be affected by a proposed project. For future projects, please visit the Raleigh Field Office's project planning website at https://www.fws.Pov/raleiglv/pp.html. If you are only searching for a list of species that may be present in the project's Action Area, then you may use the Service's Information, Planning, and Consultation System (IPaC) website to determine if any listed, proposed, or candidate species may be present in the Action Area and generate a species list. The IPaC website may be viewed at htt_ps://ecos.fws.gov/ipac/. The IPaC web site contains a complete and frequently updated list of all endangered and threatened species protected by the provisions of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.)(Act), a list of federal species of concern' that are known to occur in each county in North Carolina, and other resources. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the species' life histories and habitats and information on completing a biological assessment or I The term "federal species of concern" refers to those species which the Service believes might be in need of concentrated conservation actions. Federal species of concern receive no legal protection and their designation does not necessarily imply that the species will eventually be proposed for listing as a federally endangered or threatened species. However, we recommend that all practicable measures be taken to avoid or minimize adverse impacts to federal species of concern. evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes. If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. With regard to the above -referenced project, we offer the following remarks. Our comments are submitted pursuant to, and in accordance with, provisions of the Endangered Species Act. Based on the information provided and other information available, it appears that the proposed action is not likely to adversely affect any federally -listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Act at these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for your project. Please remember that obligations under section 7 consultation must be reconsidered if. (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. However, the Service is concerned about the potential impacts the proposed action might have on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we recommend that all practicable measures be taken to avoid adverse impacts to aquatic species, including implementing directional boring methods and stringent sediment and erosion control measures. An erosion and sedimentation control plan should be submitted to and approved by the North Carolina Division of Land Resources, Land Quality Section prior to construction. Erosion and sedimentation controls should be installed and maintained between the construction site and any nearby down -gradient surface waters. In addition, we recommend maintaining natural, vegetated buffers on all streams and creeks adjacent to the project site. The North Carolina Wildlife Resources Commission has developed a Guidance Memorandum (a copy can be found on our website at (http://www.fws.gov/raleigh) to address and mitigate secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality. 2 We recommend that you consider this document in the development of your projects and in completing an initiation package for consultation (if necessary). We hope you find our web page useful and informative and that following the process described above will reduce the time required, and eliminate the need, for general correspondence for species' lists. If you have any questions or comments, please contact John Ellis of this office at (919) 856-4520 ext. 26. Sincerely, Pet Benjamin Field Supervisor ROY COOPER Goverrw MICHAEL S. REGAN Secretary TIM BAUMGARTNER Director Kye Bunker Alcorn Road, LLC 3608 W. Friendly Avenue Greensboro, NC 27410 NORTH CAROLINA "nvironment+al Quality March 28, 2019 Expiration of Acceptance: 9/28/2019 Project: Thatcher Woods County: Guilford The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location Impact Type Impact Quantity _ _{8 -digit HUC) Cape Fear 03030002 Riparian Wetland 0.27 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and 15A NCAC 02B.0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. cc: Mary Smith, agent Sincerely, l Jams. Stanfill Asset anagement Supervisor .0 aE� a_"NS.0e* North Carolina Department of Environmental Quality I Division of Mitigation Services 217 W. Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.8976 SEE THATCHER WOODS DRIVE PLAN AND PROFILE VIEWS FOR LOCATIONS OF WETLANDS, FLOOD ZONES, AND BUFFERS, CALL NC ONE CAL: BEFORE YOU DIG STOP DAL 811 or 800-632-4949 AVOID UTILITY DAMAGE .�•�N CAROB%.,� Es S/ Q 9< SEAL 10727 X43)"' FNGI NE�� X FEBRUARY 6, OIci REV. MARCH 22, 201q OVERALL 57REAM GROSSING PLAN 7HA7GHr=R WOODS TM6 ALCORN ROAD OAK RIDGE TOM5HIP, GUILFORD COUNTY NORTH CAROLINA DATE: SEPT. N, 201 SCALEW-=300' SHEET: I OF 3 HUGH CREED ASSOCIATES, INC., P.A. CONSULTING ENGINEERS & LAND SURVEYORS P.O. BOX 9623 PHONE: 336 275-9826 1306 W. WENDOVER AVE. OR 336 275-8084 GREENSBORO, N.C. 27408 FAX: 336 275-3379 FIRM LICENSE #C-0551 E-MAIL: HCA®HUGHCREEDASSOCIATES.COM Op \ RIP -R 4R nl I F� \ SIZE: C150 = 10" CJ W O \ x \ W W x STREAM CROSSI NO PLAN VIEW SCALE: 1"=40' FLOOD AREAS NOTED ARE TAKEN FROM FEMA FIRM MAP #3710781700J, MAP REVISED 06/18/17. x W W W W W WETLAND IMPAGT W W W W W W W W W W W 0.27 AGRES W W W W W W W W W W W (cl5±'X12O±') BUFFER IMPAGT ZONE I = ci,408 50. FT. BUFFER IMPAGT ZONE 2 = 4,482 SQ. FT STREAM IMPAGT 128 LINEAR FEET DIAL 811 or 800-632-4949 LAVOID U11 CA :•��o SEAL 10727 FNGI Z. FEBRUARY 6, OIq REV MARGH 22, 201ci STREAtvl CROSS-SECTION AT CL THATCHER DRI\/E SCALE: HORIZ 1"=40' VERT. 1"=4' THATCHER A0017S DRIVE STREAM GROSSING PLAN VIEW 7HA7C,HER WOODS 77-16 ALCORN ROAD OAK RIDGE TOWNSHIP, GUILFORD COUNTY NORTH CAROLINA DATE: SEPT. 141,201M SCALEW'=40' ° 40 8OI SHEET: 2 OF 3 HUGH CREED ASSOCIATES, INC., P.A. CONSULTING ENGINEERS & LAND SURVEYORS P.O. BOX 9623 PHONE: 336 275-9826 1306 W. WENDOVER AVE. OR 336 275-8084 GREENSBORO, N.C. 27408 FAX: 336 275-3379 FIRM LICENSE #C-0551 E—MAIL: HCA®HUGHCREEDASSOCIATES.COM D z w K _ ul Lu L U` vuj C) _ U� uj 800 8 0 100 a+ O f 10+ o CA :•��o SEAL 10727 FNGI Z. FEBRUARY 6, OIq REV MARGH 22, 201ci STREAtvl CROSS-SECTION AT CL THATCHER DRI\/E SCALE: HORIZ 1"=40' VERT. 1"=4' THATCHER A0017S DRIVE STREAM GROSSING PLAN VIEW 7HA7C,HER WOODS 77-16 ALCORN ROAD OAK RIDGE TOWNSHIP, GUILFORD COUNTY NORTH CAROLINA DATE: SEPT. 141,201M SCALEW'=40' ° 40 8OI SHEET: 2 OF 3 HUGH CREED ASSOCIATES, INC., P.A. CONSULTING ENGINEERS & LAND SURVEYORS P.O. BOX 9623 PHONE: 336 275-9826 1306 W. WENDOVER AVE. OR 336 275-8084 GREENSBORO, N.C. 27408 FAX: 336 275-3379 FIRM LICENSE #C-0551 E—MAIL: HCA®HUGHCREEDASSOCIATES.COM } CALL NC E CALL'S BEFORE OU DIG v o O NOTES: STALLATION OF DEWATERING 1 PRIOR TOSANDBAGS, O 0 O CONTRACTOR PIPETO O PUMP ENSURE ALL MATERIALS ARE ON- FLOW STR� SITE AND READY FOR INSTALLATION. Nor OF STREAM - DEW TERIN PIPE Flow WEATHER WEATHER CONDITIONS SHOULD BE A FLOW �� MINIMUM OF FIVE DAYS AFTER ANY DIAL811 or RAIN EVENT AND NO FORECAST OF RAIN FOR 48 -HOURS AFTER STO M RAIN TEMP. INSTALLATION BEGINS. TOTAL 800-632-4949 J� INSTALL SANDBAGS) STONE INSTALLATION TIME SHOULD BE LESS AVOID UTIU DAMAGE TO STOP FLOW > OUT LEAP DAM THAN EIGHT HOURS. J 2. INSTALL SANDBAGS TO DEWATER � cn j CONSTRUCTION AREA. CD cn Q 3. INSTALL PUMP AND DEWATERING Jw � LINES. w U CD U 4. CUT OUT STREAMBED AND INSTALL Lu o Q w RIP -RAP OUTLET WITH TOP AT v w o EXISTING STREAMBED LEVEL. LL Z Z w INSTALL TEMPORARY STONE DAM Ib AND FILTER FABRIC. 3 7 5. BEGIN PUMPING AND CONTINUE PLAN VIEW PUMPING DURING STORM DRAIN N N O p INSTALLATION. Lu + 6. CUT DITCH FOR STORM DRAIN PIPE O Lu WITH BACKHOE. LAY STORM DRAIN PIPE ONE FOOT BELOW STREAMBED Z11 W __j C) AND INSTALL ENDWALL. Qfia Luh < Z Q D 7. IMMEDIATELY REMOVE SANDBAGS TO J� LL Q 3 �/ DIVERT FLOW THROUGH STORM Lu < © z Lu DRAIN PIPE. SPREAD OUT STONE � U)3 + Z w Z RIP -RAP DAM KEEPING RIP -RAP OUTLET OUTLET O O� LL LL1 3 n Q SANDBAGS PUMP TEMP. LEVEL WITH EXISTING ca + �LLJ O LH © LuINLET PIPE STONE STREAMBEAD. DAM 8. SEED CONSTRUCTION SITE AS NEEDED. W �0 W DEWATERING PIPE Q ua �t 1 L O CONTRAGTOR 15 TO STORM DRAIN NOTIFY EROSION Lu � z SIDE VIEW CONTROL INSPECTOR © BEFORE ANY STREAM z TF_MPORARI' STREAM DISTURBANCE OCCURS. >Y Lu 03� o pnn OROSSI NO FOR STORM DRAIN INSTALLATION L � 2 (X� „ �� NO SCALE \0 o m THATCHER HOODS DRIVE Lu ,�,,,•�����••,,, �.•�'�� CARo�'%,�� STREAM GROSS I NS PROFILE Es /0 THATCHER WOODS R - SE A L OIP 10727 -me ALCORN ROAD Z = OAK RI06E TOWNSHIP, GUILFORD COUNTY SGA LE SGAL • o F R o ; NORTH CAROLINA NGI HORVERT. = 40' NEE ��� DATE: 5EPT. 14, 201 50ALE:NOTED 5HEET: 3 OF 5 �,��� P��. = 4' ��' � .;� � � C•• HUGH CREED ASSOCIATES, INC., P CONSULTING ENGINEERS & LAND SURVEYORS O I + O P.O. BOX 9623 PHONE: 336 275-9826 + O+ O 1306 W. WENDOVER AVE. OR 336 275-8084 JANUA Y 6, ZOIC GREENSBORO, N.C. 27408 FAX: 336 275-3379 FIRM LICENSE #C-0551 E—MAIL: HCAOHUGHCREEDASSOCIATES.COM