Loading...
HomeMy WebLinkAbout19961065 Ver 1_COMPLETE FILE_19961119 State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt. Jr.. Governor Jonathan B. Howes. Secretary A. Preston Howard, Jr.. P.E.. Director .RA DEHNR November 26, 1996 Guilford County DWQ Project # 961065 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. John Musto Koury Ventures Ltd. Parmership 400 Four Seasons Town Center Greensboro, NC 27407 Dear Mr. Musto: You have our approval to place fill material in 0.3 acres of wetlands or waters for the purpose of constructing a road at Grandover Parkway near 1-85, as you described in your application dated 19 November 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 2732. This cenification allows you to use Nationwide Permit Number 14 when it is issued by the Corps of Engineers. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us and you may be required to send us a new application. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Mitigation for this fill shall be required at a 1: 1 acreage ratio and added to required for additional wetland fill expected for this project. Stormwater management shall be required for this parcel including a wet detention pond. Additional written approval is required from DWQ for this purpose. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786. Sincerely, Attachment cc: Wilmington Dislrict Corps of Engineers Corps of Engineers Raleigh Field Office Winston-Salem DWQ Regional Office Mr. John Domet Cenlral Files Len Rindner slon Howard, V Division of Water Quality . Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer . 50% recycled/10% post consumer paper . ..~ _,It . OEM ID: 961065 4011SSLJEn CORPS ACTION ID: . NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): /"1 PRE-CONSTRUCTION NOTIFICATION APPLr:i,q~~, FOR NATIONWIDE PERMITS THAT REQUIRE: G NOV I 9 1) NOTIFICATION TO THE CORPS OF ENGINEERS 'J /996 2) APPLICATION !'OR SECTION 401 CE.P.TIFICATION i IV ";....... 3) COON:lINATION WITH Tm: NC DIVISION OF COASTAL MANAG~~ZPt";,i ..--....."......,,~..:...;..:. SEND THE ORIGINAL AND (1) COpy OF THIS COMPLETED FORM TO THE APPROPRIATE nEW OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION or ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE PRrNT. OWNERS Nl-.ME: ~ V~ Iw.e! '-(mIke! p~,,~J,t,P " HAILING ADDRESS: ~OO ~"., ~o"v:; ~^ ~-kr- SUBDIVISION NAME: C:~Y: &r~, STATE: j"JG ZIP CODE: 2-- 7Lf07 ?~OJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM ~~:LING ADDRESS ABOVE) : TELEPHONE NUMBER (HOME): ~~5fZ- PA~A>-( (WORK) : ~/O 2ffl Cfz.,oo ~. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CO~PORATE OFFICIAL, ADDRESS, P:iONE NUMBER: H;-. J () hY1 J'-1 v<;. 1-0 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC r-'_;P OR AERIAL PJj.G.TOGRAPHY WITH SCALE) : /" _. J . COUNTY: (;ru/H-lYd NEAREST TOWN OR CITY: l..Jr-u/lS~O 1 ~ SPECIFIC LOCATION (INCLU~E ROAD NUMBERS, LANDMARKS, ETC.): Scul-hWlbt-- J Crr-..tert<;boY'O, nUJ.~ U>CI+ /2.0 a+ T-8c; , /;rf~""mlff&-\-!- -!-r(WI-~ uP !ZecId/~~ 'Cr~~/CKf-r l2/v~ 6. IMPACTED OR NEAREST STREAM/RIVER: RIVER BASIN: Gpe.. -Fet:ty-- la. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TID~~ (SA), HIGH QUALITY WATERS (HQW), OUTST~~DJNG RESOURCE WATERS SJPPLY (WS-I OR WS-II)? YES (] NO P1r IF YES, EXPLAIN: SALTWATER (ORW), WATER ib. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL ~~AGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [] NO [ ] Ie. IF THE PROJECT IS LOCATED WITHIN A 'COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? Sa. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON :HIS PROPERTY? YES ~ NO [] IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ~~Y ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION) : (qq z.o'2-~~O 5.ee ~Hae-Jv..d repo~f- Sb. ARE ADDITIOpAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [~ NO [] IF YES, DESCRIBE ANTICIPATED WORK: 1C;~e. alf-advui YfPJrl- 9a. ESTI~~TED TOTAL NUMBER OF ACRES IN TRACT OF LAND: :t /200 A<:.. 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: Ch.rB Au.es O~ JUYl!d({-/.-h~ Wu--fvruf -fk U.~. 2 lOa. NUMBER OF ACRES OF WETLANDS'IMPACTED BY THE PROPOSED PROJECT BY: FILLING: . v:; /0 , B>o ca. . EXCAVATION: FLOODING: OTHER: DRAINAGE: TOTAL ACRES TO BE IMPACTED: . V;; 1-0 . 30 t,U:.,-a.. lOb. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION) : LENGTH BEFORE: :t 1201 FT AFTER: ;t '2.0' ,,,, CI.IIY<"+ FT WIDTH BEFORE (based on normal high water contours) : FT WIDTH AFTER: FT AVERAGE DEPTH BEFORE: FT AFTER: FT (2) STR~AM CHANNEL IMPACTS WILL R~SU1T FROM: (CHECK F~L T~;T APPLY) PLACEMENT OF PIPS IN .CHANNEL: ~ OPEN CHANNEL RELOCATION: CHANNEL EXCAVATION: CONSTRUCTION OF A D~~/FLOODING: OTHER: 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED D~~INING TO THE POND? WHAT IS THE EXPECTED POND SURFACE AR~~? 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS ONLY) : fZ=d &&56"'1 -10 rLac/.. pp/uJ w.J.t... 13vs:'''''''''' t.-fK -!'l~rrffi{j~ - e-- a /l-a.dvuJ r...I!f'() ,..{- 13. PURPOSE OF PROPOSED WORK: $"'ee... 0..1-1 M~ r-l-p()y'1- :3 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) : S<e- aflzu..Jvd r..t.fo/'l J;r ~p/al'1~-hCY\ tJ/id rn (/1II'n(~cY1 OLJd 1?1 '-hue< -hCkl /Y14:lfcJ/"..e.( ~lS. YOU ARE REQUIRED TO CONTACT THE U.s. FISH AND WILDLIFE SERVICE (USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITIC~~ P~ITAT IN THE PERM:T AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: (ATTACH RESPONSES FROM THESE AGENCIES.) ~ 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES [] NO ~(IF NO, GO TO 18) a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENV!RONMENTAL POLICY ACT? YES [ ] NO [ ] b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YES [ ] NO [ ] IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369. ~ ~/I 5t+PU AA<A UJf"W'.s ~r1.mer:-h. AaV!.- /xv. /'yJ"F ePI- , L.vtH- p;r.t.V(~ &Pf7I(U;...-hcJh~ rv..cI ScJhMI.J.fcJ~ OY\, fk. fr'l(J . 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS: a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MOST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT. b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. d. ATTACH A COpy OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. e. WHAT IS LAND USE OF SURROUNDING PROPERTY? S~e- ;;;~ ~ ~V:::2~~ CrJj6€-) r<<dU1h~( I (if\o<. _ II7~L~ _.f2'fr Ie..- _ ({. ~~_ ~ l- I f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? f1Jn((/~pQ-1 5a/l~r-1 ~(.....,~ g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICA3:E. NOTE: WETLANDS ,OR WATERs OF THE U.S. MAY NOT BE IMPACTED PRIOR TO: 1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND 3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. o~~~ !1/l8/ql/ r .. DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18g.)) 5, LEONARD S. RINDNER Environmental Planning Consultant Landscape Architecture Land Planning 7113 Hickory Nut Drive Raleigh, NC 27613 (919) 870-9191 November 16,1996 Mr, John Thomas US Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls ofNeuse, Suite 120 Raleigh, NC 27615 Mr. John R. Dorney NCDEHNR - - Department of Water Quality Environmental Science Laboratories 440 I Reedy Creek Road Raleigh, NC 27607 Re: Request for NWP 14 - Access to Approximate 16 acre parcel from Grandover Parkway. Guilford County. NC Dear Sirs: On behalf of my client, Mr. John Musto of Koury Corporation, I am requesting your review of the enclosed plans and information concerning the development plans for your consideration and approval under Nationwide Permit #14. Based on discussions with John Thomas of the USACE this road crossing would be eligible for Nationwide Permit # 14 provided that standard conditions are met. Background Koury Corporation is in the process of purchasing a parcel that has important and desirable frontage on Business 1-85 for future development. The location of the access point from Grandover Parkway has been determined by the following circumstances: - Aligns with Dover Park Road - Existing median cut that will allow important left turn access to the site. - Roadway access to the site is feasible and would be within the roadway design slope requirements. Alternative Anall'sis - Median cuts on Grandover Parkway may not be closer than 900' apart. The first available access point beginning at Trailwood Drive moving east does not have a median cut and therefore would not currently allow left turn access from Grandover Parkway coming east from Groometown Road. It also does not align with an existing curb cut across Grandover Parkway. If a median cut is allowed to afford this left turn access, then impacts to wetlands and waters of the U. S, to make the crossing would be minimal. However based on grading studies conducted by the engineers and planners, access to the remaining developable portions of the site could not feasibly and practically be achieved, In order to meet the maximum roadway slope requirement from this access point the entire site would have to be cut 15' to 20' or more. The elevation of any structure on this site would be below the elevation of 1-85 and therefore lose the critical and economically desirable frontage, The soil survey also identified Pt (Pits) on a major portion of the site. These are areas where the original soil material has been removed or altered beyond recognition. Mr. John Thomas, Mr. John R. Dorney, NWP 14 - Access to 16 acre parcel Page 2, Novemeber 16, 1996 This unit is made up of borrow pits, quarries, and sanitary landfilIs. Surrounding areas consist of Wilkes sandy loam which have a depth to bedrock from 40" to 80" (approximately 3 1/2' to 4 1/2') according to the NRCS Soil Survey. Therefore cutting into this area could be severely limited. Ifnecessary this study can be further schematicalIy developed for your review. Minimization and Mitigation Width of the filI wilI be limited to the minimum necessary to make the crossing. Side slopes will be 2: 1 or greater. The impact area is expected to be approximately .25 to .30 acre. Note that large portion of this specific wetland area has been previously impacted by others during the installation of a sanitary sewer line and that the contour of area was not restored to previous conditions Best Management Practices wilI also be employed to minimize impacts to Jurisdictional Waters. This wilI include: Siltation Barriers Sediment Traps and Diversion Ditches Barricades to define construction limits to sensitive sites and to protect trees Preconstruction meetings Other methods as appropriate Vehicular access will be restricted to specific areas to avoid disturbance to adjacent wetlands and natural areas to be preserved. Methods to prevent short term impacts will be inspected regularly and maintained during construction of the project. Wetlands to be preserved will be clearly marked prior to construction to prevent accidental damage to wetlands. The contractors will be held responsible for unauthorized wetland damage not permitted according to plans and specifications. Short term construction impacts, primarily stream sedimentation will affect aquatic habitat, however this will be minimized to the extent practicable to promote rapid recovery. Project construction wilI strictly adhere to an approved Sedimentation and Erosion Control Plan. Best Management Practices will include utilizing siltation trapping ponds and other erosion control structures where appropriate. Impacts from hazardous materials and other toxins to fish and aquatic life such as fuels will be avoided by not permitting staging areas to be located near surface waters. Also, as required by the 401 Water Quality Certification conditions, measures will be taken to prevent "live" or fresh concrete from coming into contact with waters until the concrete has hardened. Proposed Compensatory Mitigation Koury Corporation recognizes that this wetland crossing, even though based on circumstances beyond practical control, occurs at the widest area of this intermittent stream/wetland complex and will further degrade the former natural conditions. As you are aware the lower portion of this complex from the powerline clearing to Reddick's Creek is now a rip-rap channel due to road construction. In the future Koury Corporation will likely request a permit to restore this area to a more natural setting including large water quality pond, littoral fringe, and tree plantings. However, this will need to be part of an Individual Permit. In order to mitigate for the proposed wetland impacts associated with this particular road crossing Koury Corporation will expand the high value scrub/shrub wetland at least 20' wide in the powerline easement. Also the contours of the wetland area above the road crossing which were disturbed by the sanitary sewer installation will also be restored and seeded. This mitigation work will occur concurrently with the road crossing construction. Mr. John Thomas, Mr. John R. Dorney, NWP 14 - Access to 16 acre parcel Page 3, November 16, 1996 General Description of Proposed Mitigation Area.~ This proposed wetland mitigation site is expected to be seasonally inundated and saturated during the winter and early spring and temporarily flooded during the spring and summer which similar to existing wetland conditions. Hydrophytic vegetation will be planted with existing saplings of willow, alder, buttonbush, silky dogwood, green ash, sweetgum, sycamore, and other saplings. As part of the specific mitigation plans and construction documents a list of specific plant species and quantities will be prepared for approval by the USACE and the NCDWQ. The specific plans will include: 1. Description of Proposed Mitigation Areas 2. Planting Plan 3. Progress and/or Monitoring Report 8. Mitigation Plan Schedule The mitigation site will be planted at an initial density of approximately 500 trees woody stems per acre by utilizing a combination of relocated saplings and bare root seedlings. In addition to woody species, herbaceous plants wilI be relocated or wilI be planted in a random / naturalistic pattern and diversity. Trees, shrubs, and herbaceous plant materials will be selected from the following list. Scrub/Shrub Alnus spp. Cornus amomum Salix nigra Betula nigra I1ex decidua Viburnum dentatum Cephalanthus occidentalis Lindera benzoin Others that are approved Herbaceous Zone 1 - Wetland areas in temporarily saturated soils or subject to occasional and brief inundation JWn ~ Bak April 1 - Jul. 15 Red Top Grass Smartweed 7lbs/acre 20 Ibs /acre Jul. 16 - Sept. 1 Temporary Crop Jap. Millet or Sorghum 20 Ibs /acre (to be followed by permanent mixture) Sept. 2 - Nov. 1 Smartweed Red Top Grass 20 Ibs /acre 7 Ibs/acre Nov. 1 - March 31 Temporary Crop 40 Ibs /acre Wheat or Winter Rye (to be followed by permanent mixture) Other native grasses or annuals may be selected No fescue will be used in wetland areas Mr. John Thomas, Mr. John R. Dorney, NWP 14 - Access to 16 acre parcel Page 4, November 16, 1996 Zone 2 - Wetland areas prone to persistent flooding or ponding Moist to 1 Foot of Water Three Square Bulrush Creeping Spike Rush Soft Rush Sedge sp Lizard Tail Zone - 28 Shallow Water Plants Sweet Flag Arrow-Arum Duck Potato Pickerel Weed Planting shall be in naturalistic / random clumps to encourage diversity. Size at planting and variety may vary based on availability, cost, and aesthetic objectives The mitigation site will be planted at an initial density of approximately 500 woody stems per acre planted in a random pattern to match adjacent conditions in surrounding wetland areas. Herbaceous species will be planted at a rate of 1000 clusters per acre or wilI be seeded when possible with a wetland seed mix which will result in a coverage of at least 100 stems per square meter upon germination. Survival rates of seeding versus individual plants will be explored for each species selected based on availability, site specific data, and cost factors. All new plantings will consist F ACW and OBL species. Planting will be conducted in the spring and the fall. Annual ryegrass or other annual vegetation will be utilized in order to provide temporary stabilization during the summer and winter months or until planting times become available. Existing wetlands and surface waters will be protected from erosion and sedimentation during construction and installation of the mitigation sites. Control structures such as sedimentation traps, siltation barriers, and/or at a minimum silt fence will be utilized as necessary. Stormwater Management Plan A Stormwater Management Plan will be designed and implemented for the project to meet the 401 Water Quality Certification requirements. Stormwater runoff from paved surfaces and landscaping has the potential to degrade water quality in all types of waters. Wet detention basins shall be the primary treatment system. Properly designed wet detention basins have been proven to be a viable solution to reduce pollution. They are efficient in removing suspended solids and other pollutants, reducing peak runoff rates, and controlling downstream erosion. There is also a potential aesthetic value if the pond's can be designed into the overall plan. Stormwater Management Plan Concepts Stormwater management becomes necessary when increasing the impervious area within an existing natural area. The impact of the increased runoff and reduction of natural filtration will be analyzed with respect to the capacity and stability of natural channels and the presence of environmentally sensitive areas. The pre and post-development runoff will be determined and used as the basis of stormwater management techniques. Special consideration will be given to avoiding erosion and degradation of environmentally sensitive areas, wetlands, and surface waters. Mr. John Thomas, Mr. John R. Dorney, NWP 14 - Access to 16 acre parcel Page 5, November 16, 1996 The Stormwater Management Plan will include: A. Wet Detention Basins that will attenuate 1.0 inch of rain fa 11 over a 24 hour period for high density sites including office, commercial and business uses. B. Utilization of wetland mitigation areas where possible to increase filtration. C. Riser outflow structures to maintain a pool and encourage filtration. D. Directing runoff into natural areas and wetland/biofilters to treat runoff before entering surface waters. E. Maintaining natural and planted areas between the developments and Jurisdictional Waters. F. Development of a wetland littoral shelf where feasible in shallow areas. The planners will utilize information and guidelines provided by the North Carolina Department of Environment, Health, and Natural Resources in developing the design of wet detention basins. Plans and Monitoring Detailed plans for the mitigation areas will be further articulated from the information included in this document. These plans will be submitted to the USACE and the NCDWQ for approval. Plans will include: Site Preparation Requirements Vegetation Requirements Tracking and Monitoring Requirements A monitoring program will be developed to monitor the mitigation areas to include: Vegetation Parameters Species Composition and Abundance Survival Growth Monitoring of vegetation will be conducted on a semi-annual basis according to the following general procedures. A. Measure growth, species diversity, advise on removal of invasive species. B. Establishment of a representative sample observation plot of at least 30' radius to record the number and species of each surviving woody stem and the percent aerial cover of the three most dominant specIes. C. Within the 30' radius area a 10' radius area will be established to record the three dominant herbaceous species. D. Periodic site VISItS will be conducted for maintenance, aesthetic purposes, and possible modifications to increase survival rates. Mr. John Thomas, Mr. John R. Dorney, NWP 14 - Access to 21 acre parcel Page 6, November 16, 1996 E. Field data will be recorded on a monitoring data form and submitted along with representative photographs in a annual monitoring report. This will be submitted to the USACE and the NCDWQ. At the end of the third year a report will be prepared for review and to determine the need for future monitoring or modifications. Semi-annual Progress Reports will be prepared which summarizes the data colIected in the field and notes trends. Photographs at fixed stations will be taken to document the trends and changes occurring at the sites. These reports will be furnished to the Corps of Engineers and the North Carolina Department of Water Quality. After the third year of monitoring, a summary report and as-builts will be furnished for review and discussion regarding compliance of the project with conditions of the permit. Success Criteria The data collected during the monitoring period wiII be utilized to evaluate the success of the mitigation areas. The success criteria wiII be as follows: Soil saturation within 12 inches of the surface for a minimum of approximately 12 consecutive days during the early part of the growing season. Establish at least one hydrology indicator per the 1987 USACE Wetland Delineation Manual in the sample plot or match adjacent riparian habitat surroundings Establishment of at least one hydric soil characteristic or match adjacent riparian habitat surroundings. minimum 60% survival rate for planted saplings or other planted vegetation. These Vegetative, Soil, and Hydrological Characteristics must be met to determine success of the wetland mitigation. If the mitigation is determined to be unsuccessful the following one or more of the following contingency plans will be implemented. 1) Selected re-installation of vegetation, thinning, and/or acceptance 2) Hydrological modifications or manipulation and/or 3) Off-site mitigation sites. Schedule Grading, instalIation of water control structures wilI be built concurrently with project construction which is expected to begin in the fall and winter of 1996. Vegetation planting and instaIlation is expected to be conducted in the dormant season of November, 1996 through March, 1997. This will alIow the hydrological and soil conditions to be prepared and adjusted if necessary before planting to optimize the success rate. Temporary crops in these areas may be required until plant materials are installed. Conclusion The goal of the planning and compensatory mitigation is to balance the environmental consequences of this intense development by creating beneficial wetland habitats and protecting water quality. The mitigation sites will be preserved by the applicant or by a group designated by the owner for this purpose. They will be managed as a wetland system of high value. Mr. John Thomas, Mr. John R. Dorney, NWP 14 - Access to 16 acre parcel Page 7, November 16, 1996 Please contact me if you have any questions or require additional explanation. I would be more than happy to meet with you at the site at your earliest convenience at the site, if necessary. Thank you for your consideration. Leonard S. Rindner, PWS Environmental Planning Consultant NC Landscape Architect #578 cc. John Musto - Koury Corporation . - .""", m NO RTH SITE VICINITY MAP . . 0::: UJ ~ UJ (/'J i. < (/'J ) > a:l C UJ ~ () :> <( UJ ~ Lti - -I'. <(ffi () UJ~ < 0:::0 0 <(I- (") cfij d Z ~ +1 :5L.U 0 ~ lO' ~ ~~ ~ d +1 qo o CO ,... +1 .... :tt: a. 3= Z c UJ (/'J o a. o 0::: a. c z <( ....I ~ UJ 3= a:l ::J a:: ::c rJJ - a:l ::l 0::: () (/'J C Z <( a. X UJ 1 UJ ~ en Z o ~ < " ~ ~ c Z <( ....I ~ UJ ~ o CO ,... :> UJ ....I UJ I UJ ~ en ~ Z UJ ~ a. o ....I UJ > UJ o c UJ (/'J o a. o 0::: a. z , 0 ~ () ::l 0::: ~ (/'J Z o ~~ ~. ....I L.U Z Z < ::c () c UJ ~ () < a. ~ > ....I rJJ ::J o > UJ 0::: a. :> UJ ....I ~ UJ ::l (/'J () (/'J UJ Z () <( () 0 <( UJ ~ ~ ....I 0 <( Z ......'. .'..... . ....~....~.:...~.......~--~.......~ \.J .r.t ) ,J. (] , - '\ " fr' i "", .L / . 1 ~oC.~'~-'~ ~~ "rI-J'--"'___1 to. ,- ) ~ ..~--- ;> ,,/ * .../ ,.. I ~ ". // '7~ \ ..-Z" ,t-.~ C] o o CO n ~ 1:111I i!. \..I ... Ql If o o V ~~~ I '. , . o Ql 16 (j en / ~ \ ) I j- "'/ :~. / -.1 ['~, ..~-- / ~rgJ .~,~ "'"X.\ > ../(~ - II! o ... !!J !! o '" ~ ...J '" 0:' o ~ llJ ;; ~ ~ u. o z o ~ r .j .' I ,..,. 01'0. \.\,,~o r../ V ( / \ . ~vI': . ~. III ii: . W 0 U Ql . .c rn ... ~ . ::J ~ W ... J: - :e ... 8- u. j 0 rn Ql a: iU w .c ~ - to .c 3= - g, CJ Vi Z ~ - 0 0 -g :J ..J .!!! U j Z 'I' en en Ql - ~ ~ w a: *' ~ ... u ~ :;;: 0 z ~ ....J .- w 3: CJ Z - Z W 0 Z ~ Q ~ I- () :> z a:: 0 t;; - z ~ 0 u () 0 C ....J < W 0 0: a:: > 0 CD ~ Q 0 LU a: I- () en < c. ~ 2 - 0 <( LU >- a:: < w ..J C ~ Z < ...J I- ~ Nearest road GrardOv&' fttrk~ acres Wetland width lCAO feet ate -t 41)0' OIS'TU~ r //W;tl~~d//~~;///(;~l;ct//~;~);///// //////////////////////////////////////// /~//////// /////////r///////////////////// ! 0 B.91tomland hardwood forest D Pine savanna i 8"'Fieadwater forest D Freshwater marsh ~ 0 Swamp forest 0 Bog/fen ~ 0 Wet flat 0 Ephemeral wetland ~ ~ 0 Pocosin D Carolina Bay 11 ~ 0 Bog forest 0 Other ~ ~ *The rating system cannot be applied to salt or brackish marshes or stream channels ~ 7////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////'l ~ ~ I weight ~ ~ Water storage x 4.00 = ~ / / ~ A Bank/Shoreline stabilization /7 x 4.00 ~/ / / / ..., / ~ 1 Pollutant removal ~ * x 5.00 = ~ ~ J ~ ~ Wildlife habitat l x 2.00 ~ / n / / U / ~ Aquatic life value 2- x 4.00 ~ / / ~ ~n ~ ~ U~ Recreation/Education 1 x 1 .00 ~ ~ ~ ~ G * Add 1 point if in sensitive watershed and> 10% non point disturbance within 1/2 mile upstream, upslope, or radius ~ ~/////////////////////////~'//////////////////////////////////////////////////////////////////////////////////////////////////////////////////~ 57 Project name (~CN~ County. {~II-lbt:d Wetland area.3 .t;o Name of evaluator Nearest road (y~D.tU'" P~r'~~ acres Wetland width ~I...J.,~ ~c-o feet Date % ILIO' "F~ m.-k ~v/////// /// ////////"///// // ////'////////// // /////. /////////////////////' /////////////////// ///////////////////r//'////////////////// . I Wetland type (select one)* I 0 ~ttomland hardwood forest 0 Pine savanna 1 CYHeadwater forest 0 Freshwater marsh ~ 0 Swamp forest 0 Bog/fen I 0 Wet flat 0 Ephemeral wetland !i 0 Pocosin 0 Carolina Bay ij i 0 Bog forest 0 Other ~ ~ *The rating system cannot be applied to salt or brackish marshes or stream channels I 7////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////'i ~ !R weight ~ ~ Water storage ~ x 4.00 = ~ " I' ~ Ii!;; rr'" ~ ;. M Bank/Shoreline stabilization "2 x 4.00 = I- ~ ~* ~ " 1 Pollutant removal ---L-..:: x 5.00 = I' ~ ~ " '2.. I ~ n Wildlife habitat -.:/ x 2.00 = ~ ~ U ~ ~ ~ Aquatic life value x 4.00 ~ " I' ~ ~n I ~ ~ U~ Recreation/Education x 1 .00 ~ ~ G * Add 1 point if in sensitive watershed and> 10% non point disturbance within 1/2 mile upstream, upslope, or radius ~ ~////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////~ 57 IN REPLY REFER TO DEPARTMENT OF THE ARMY WILMIN,GTON DISTRICT, CORPS OF ENGINEERS P.o. BOX 1890 WILMINGTON. NORTH CAROUNA28402-1890 September 14, 1994 Regulatory Branch Action ID No. 199202850 and Nationwide Permit No. 26 (Headwaters and Isolated Waters) Sedgefield project C/O Koury Corporation 400 Four Seasons Town Center Greensboro, North Carolina 27407 Dear Sirs: Reference is made to mor letters dated September 1, 1992, and August 30, 1993. These letters authorized 5.0 acres of impacts to waters and wetlands of Reddick's Creek, unnamed / above headwater tributaries of Reddick's Creek, and Jenny Branch associated with the proposed Sedgefield Project located off of Wiley Davis Road, Greensboro, Guilford County, North Carolina. Reference is also made to your request of May 3, 1994, for additional development of the Sedgefield Project. Review of your request shows you propose an additional 4.69 acres of impacts to the above headwaters tributaries of Reddick's Creek and Jenny Branch. Authorization of this request would result in accumulative impacts of 9.69 acres of aforementioned waters and' wetlan~s for the Sedgefield Project. For the purposes of the Corps of Engineers' Regulatory Program, Title 33, Code of Federal Regulations (CFR) , Part 330.6, published in the Federal Register on November 22, 1991, lists nationwide permits. Authorization was provided, pursuant to Section 404 of the Clean Water Act, for discharges of dredged or fill material into headwaters and isolated waters. Your work is authorized by this nationwide permit provided it is accomplished in strict accordance with the enclosed conditions and provided you receive a Section 401 water quality certification from the North Carolina Division of Environmental Management (NCDEM.) You should contact Mr. John Dorney, telephone (919) 733-1786, regarding water quality certification. This nationwide permit does not relieve you of the responsibility to obtain other required State or local approval. Xn addition, to compensate for impacts to waters and wetlands of Reddick's Creek, uDlul...d / above headwater tributaries of Reddick's Creek, and Jenny Branch you must implement and comply with the attached mitigation plan that you have developed in coordination with members of my ..taff and the staff of the North Carolina Division of BnviromMnta1 Kanagement (NCDBK.) Construction of the mitigation sites will be initiated at such time to provide for planting of vegetation the first suitable planting period (December 1 through March 15) following commencement of the proposed additional development. If you cannot meet this timetable due to construction staging, you should submit written documentation to this office justifying the reason for a delay, as well as the anticipated date of mitigation construction. Also, please pay attention to Condition 12 of the enclosed general conditions which addresses Historic Properties. Reference is made to the attached Progr.....tic Agre...nt dated Septeaber 9, 1994. YOU.wlt implement and comply with all conditions of this agreement to satisfy concerns of impacts to the Stephen Gardner Bouse / Gold KiDe Historic Site. Non- compliance with this agreement will be consider a violation of the conditions of this permit. . -2- This verification will be valid for two years from the date of this letter unless the nationwide authorization is modified, reissued or revoked. Also, this verification will remain valid for the two years if, during that period, the nationwide permit authorization is reissued without modification or the activity complies with any subsequent modification of the nationwide permit authorization. If during the two years, the nationwide permit authorization expires or is suspended or revoked, or is modified, such that the activity would no longer comply with the te~ 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. Questions or comments -may be addressed to Mr. Thomas, Raleigh Regulatory Field Office, Regulatory Branch, telephone (919) 876-8441. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure Copy Furnished (with enclosure) : ~Land Design Inc. C/O Mr. Edward M. Schweitzer Post Office Box 11938 Charlotte, North Carolina 28220-1938 Copies Furnished (without enclosure) : Mr. John Parker North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Regional Office Manager North Carolina Department of Environment, Health and Natural Resources 8025 North Point Boulevard Winston-Sal&m, North Carolina 27106 ,'. ..,: '. ..'. .~. . :tI' n'l,ft""" un -:; ~ ;.;~':"i"'.;'::- ::...:..... . ,: '. . ''': ..... . , . . . ~-.u.&"""" 104o''"'!t '...0..",. \., '... '.'~.' ~'~:.:~~~."X~~',::.."'.;.'.:'>' -a:::":';; ~ .' !-'. ..~t<.t~.:~:../>,.~ ~1.;;:.:< .':\:.~ '. ..... .... .. .c1J.:!tl.onc. ., t... .....".. ~":...._...~:~~ ~~.~~~~. .:~ .: ~:.....,...~, .. :ti........,~. .-:.... ~....;.,:.,>~,..:.:. :.....~. . . t...... C~C2erva on... ..,.,.' .. . .r~~;'( /.: '.' .;. : \ ...;..,... .-;.; .-t', .'J'" ..... ...., .......:. :;;'.;'.:,~ ~ ::-~. ~ ;-... The Old Poet omce BWld!nI '1:100 PeziDsylvaUa Avenue. ~ ,eog \\Uh1ngtan. :DC 200()4. c:"'p ....t:. 9 1994 Colonel Robert J. Sperberg. U .SA District Etig;1'lM1' Wi1m-in;on Di~ct, Corps ofEneineers DepartmentoC~Y P.O. BO:l1890 . Wl1miIlgton, NC 28402.1890 W: Stephen Ga.-dner HOU4G and Gold Mine Site G:-eenaboro, Guilford County, North Carolina Phase II of the Sedge1ield Development and. Wiley Da-ria ~ Improvements Dear Colonel Sper~ " Encloaed is ~U1' eo~y of the fully execu.ted Procrammatic Agreement for tha ref'erm~ project. By ~ out thta tenna otthe A8re4nn~J"(f:, you will m1S1 your respo~bi1itie8 under Section 106 of the National Historic Preservation Act and the Cotmdlls rs"iuIations. A copy of the Ag%eement baa also been sent to the North Carol.ina State F.istoric Preservation omcer, and the Orig;nAl willl"'fmf;n = me at our oSee. . Should you have any questions, please contact Ralston Cox .t (202) 606-8805. extension 230. Tha:ok you far ymu' cooperation. Eastern OffieQ olhview ~t/~(.l'", ~~:~l ~A~t-~~-~~ ....... .' .... ..- . . ....~. ". "'. '.. '. . '. . '~'.' .. .:,....... ~. ...:..... .:.~:.: .... ',';.'.;. JI", .,':' 'fooJ .. ,~':."I',:."". . .,,~...,.., -,.. ......'::....;.( \ '. /" .' I..;.,....\...,~.~..,'''./~..............."... ".1~. A ...;.~.-:::~~.<~.::.~.:.~..;~~:...'..:~:..;:.:......,~...~~V""~''':''.~'~~~<~''>;:~:~:'',' :......:. '", . ..' ',' ~ .'._........-;....:..~......~~'..,..:~:,~:.~:..~.;.~::~.; ",'..:"" . ,.>:'.;~ ''-:~~':..:'.,:. '.. .. _.... '.. .' ". '. ......... ...... PROG" A. ",*U.lnc AI'!'D~~E.NT ,.' ... ,. . '~."'., . :::;">:':.:',"'f. :..' '. ,~.../~...::,,>..- ::....}.:. ~.; ..... . . ~T.u",,^ UA.C~U ~ ;~':.'..: ;;~., .' 1~r:"IIL' . .. ....".. :. ..~..... .~..;.<.,:...;.,...'....,...,. .... ..... '" AMONO' ....:..f':..;........ ....\1 ~TOp,yP.::4N"'H :'.;"~-'::'~' ~;~';....:..'~ ....~1:..~ ;~~: .'.<<-::~'~:::!~ ~:~'.'.;'.j~;:..">,. ~. ~ ..... -. .. " '.. :"':'..,... .~." .~~~~. ''',~' , .'. .~ .:;>..:..~-:.;.,~"~ .' .,~"'. .~ -:' ,',' ,".:::: ,:".:;..,...". ....,. ~.' ." mE US ARMY CORPS OP ENOINBERS, .... . ::.. . ::. -r. . '. ;'7'"'' -::.:.'THE ADVISORY COUNCIL ON HISTORIC PRESERVATION .. AND THE NORTH CAROUNA STAl'B HISTORIC PRESERVATION OFFICER REGARDING THE ISSUANCE OF DEPARTMENT'OP THB ARMY PERMITS FOR PHASE II OF nm SEOOEFIBLD D!Vm.OPMENT Ptt01ECT AND IMPROVEMENTS TO W'ILEY DAVIS ROAD IN GREENSBORO, NORm CAROUNA WHEREAS. the Army Corps of BImnem (ACOE) is considering issuance of Department of the Army ~nnits for Phase II ot the Sedgcf1eld Development Project and ImprovementS to Wiley Davia aoad; and . WHEREAS. the ACOE baa determ.iDed that Portions of the work covered by the issuance of ~ita for the Sedgcf1eld II Development Project and Imnrovements to Wiley Davis Road will have an effect upon the S~hen Gardner House/Gold Mine Site, a property included in the National Regi!ter of HistoriC Places and bu consulted -,nth the AdviSorY . Council on Historl~ Pmsemtion (CouncU) and the North Carolina State Historic Pteservatioft Officer (SHPO) pursuant to Section 800.13 of the resu1ations (36 CPR Part 8(0) implementing Section 106 ofthc National Historic Pmervatio11 Act; (16 U.S.C. 470.0; and . WHEREAS, Koury Co~tiont owuers of the gold mine ~t1ion of the historic pro~t'y I will apply fer penuitl {or development of the Sedaeti~ld-[I OevelopmcDt Project; a.nd ., WHERBAS, the North Carolina Department of Tl'tnSpOrtation (NCDOT) hu entmd into a cooperative agreemem with Koury C~tiOft to constrUct the Im~rovemems to WUey Davis Road and abandon the portion of WIley Davis R.oad within Koury Corporation's property and maintain the rlghtooOf-way for the portion of WUey DaYlI Road C\1taide the boundaries of Koury Corporation's property, aix1 will apply for Department of the Army petmits for. theIe improvementl; and . WHEREAS, the Cl~ of Greensboro (City) 1w identified a portion of WUcy Davis Road outside or the Sedsefii=ld n Developm.mt Project In a Growth: Study.Plan and a portion of this area is on the Oreenaboro side of an a~tion agreement line with 1amestown and High Point; and WHEREAS, if tb.c City annexca any of t1m area, the City may provide additional im~rovements to the roadway and assume responsibUlty for maintaining the right-of-way for Wiley Davis Road; and 'WHEREAS, Koury Corporation, NCDOT, the CIty. and John Louis Overly and Sandra Wiley Overly t ownm of the Stepben Ot.rdner House, participated in the consultation and have been invited to ccmcur in this Pro~tic Agreement; NOW, THEREFORE, the ACOB, the COU'l1Ci1, and the North Carolina SHPO laree that the issuance ot Department of the Anny ;mmita for Phase n of the Sedaetield Development Project and Improvements to Wiler pavia Rotd shall be admini!teted in acco~ with the following stipulations to Slt1tfy the ACOE's Section 106 responsibility for all individual pcnnit! Cor these projects. " United States Department of the Interior FISH AJ.'\fD WILDLIFE SERVICE R~leigh Fie!d Office Post Office Box 33726 R~Jeigh. Nonh Carolina 27636-37:!6 = . - - - - - . TO:~. ~ S. Q'tn.ol~ .. ~ o.wi~, ~~c. ~Olo ?~~ :51- $~;Loa ~h. I-J'-- I . JIU2.0 1- J 0("3 INST)"NT ro:ny Please exc~se this fo~. We t~ough~ you ~culd pre:e= a speedy reply to a fo~al let~e=. This fo~ se~Tes t~ pr~v~de cr.S. Fish and Wildlife Se='lice recommendations pu=sua.."lt to Section 7 of tl'te E:1dange=ed Species Ac~, as amended (16 a.s.c. 15Jl-1543). ~suf ~Lt 0Jl1-uf1 , pro.Jec-:. Name t \J u- LL- 1 I q '7.;t.. Da~elot ~ccm~~g Lat-:.ar . ~id..u,-kaJ'.~~C!..l'J ~1::f~+ -KlYl<-<-a C&fOl~ I ~~c,( La",,^--to Re: 1 8ased on ou= records, there a=e no :ede=all'l-listed endance=ed or t~=~a~ened species which ~ay cc=~= withi~ the projec~ i=~ic: a=ea. The attached page(s) list(s) the Fede:ally-listed species ~hich may occ~r ~ithi~ the projec-:. ~pac~ area. If t~e proposed project ~ill be .removL~g pines greater than or e~~al to 3Q yea=s of age in pine or pine/hard~ood habitat, sU:7eys should be conducted for ac~i'le red-cockaded woodpecker cavity trees i~ appropriate habitat withi~ a 1/2 ~ile radius of project boundaries. If red-cockaded woodpeckers are obse~Ted with~ the project area or active cavity trees found, the project has the potential to adversely affect the red-cockaded woodpecker, and you should contact this office foe fur~her in!o~aticn. C~nc~r - Is not likely to adve:sely affec~ Federally-lis~ed endangered oe threateded species. Staffing li~itaticns peevent us f=c~ conducti~g a field i~scecticn of the project sice. Therefore, we ace unable to provide y;u with site specific recommendations at this tL~e. Questions regarding this !o~ letter may ce di:ected to the biologist who is handli~g this project. t~~J;0Td~ 'J io log is () ~/Sl7~ I {lace CONGIR: ::u ~2- Oa.~e