20140350_Meeting Minutes_20090922

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MEETING MINUTES
Participants: Brad Shaver, USACE
Crystal Amschler, USACE
David Wainwright, NCDWQ
Mason Herndon, NCDOT
Cindy Carr, Mulkey
Date: Tuesday, September 22, 2009
Subject: U-3338, Kerr Avenue Widening
Jurisdictional Determination Field Meeting
Cindy Carr provided copies of new delineation maps (Figures 1 through 5) depicting locations of
streams, wetlands, and ponds surveyed during field investigations. Copies of previous
jurisdictional determination OD) maps representing the original study corridor and jurisdictional
resources verified by Dave Timpy, USACE, in 2004 were also provided (Figures 2a through 2e).
The following notes represent comments made during the meeting and results of the field review.
Please review and contact Cindv Carr at ccarr iiitilkevinc.com with any comments or
corrections.
Figure 1. Sites are situated along the eastern side of the Martin Luther King, Jr. (MLK)
Boulevard and Kerr Avenue intersection and includes stream A (SA), wetland B (WB), wetland E
(WE), and pond D (PD).
• The surveyed boundaries of SA, WB, and WE approximately match delineation
boundaries that were previously verified by the Corps.
• The pond labeled PD is a man-made storm water retention pond associated with an
apartment complex.
• Since these sites were previously verified they were not visited during this field meeting.
Sites SA, WB, and WE were also included in permits submitted by the NCDOT for the
U-92 project.
Figure 2. Sites are situated along the western side of the MIX and Kerr Avenue intersection and
include stream SB and wetlands WA, WC, and WD.
• The surveyed boundaries of SB, WA, WC, and WD approximately match delineation
boundaries that were previously field verified with the Corps. Since these sites were
previously verified they were not visited during this field meeting.
• One small wetland near the western edge of the corridor, which was depicted on previous
delineation map Figure 2d and shown as part of wetland D (previous delineation), is no
longer a wetland. During the recent investigations the site lacked hydric soils,
hydrophytic vegetation, and evidence of hydrology. A visual review during the field
meeting confirmed lack of jurisdictional features.
• These sites were included in permits submitted by the NCDOT for the U-92 project.
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U-3338 Kerr Avenue Widening
09/22/2009 Field JD Meeting Minutes
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Figure 3. Resources in this area are located north of Market Street near the McClelland Road and
Kerr Avenue intersection. Sites include SD, WG, PB, and PC and four unnamed ditch segments.
Sites WG, PB, and three of the ditch segments are located behind the Comfort Suites Hotel
located east of the Market Street/Kerr Avenue intersection. Sites PC and one unlabeled ditch
segment are located on the Birchwood Apartment complex property located on the west side of
Kerr Avenue. SD is accessed behind private residences on the east side of Kerr Avenue. These
sites were not included in the original study area corridor and were not reviewed during any
previous JD meetings.
• SD is a perennial system flowing northward from the double pipe outlet at McClelland
Road (north side) to the study area corridor. It exhibits a distinct pattern, particle sorting,
and ordinary high water mark and had small fish (likely Gambusia sp.). Unavoidable
impacts will be calculated as linear feet.
• WG appears to be a shallow borrow pit area and will need to be revisited by the Corps
during dryer conditions. Heavy rainfall occurred within 24 hours and light rainfall
occurred during the field visit.
• Two man-made and maintained ditch segments were determined to be jurisdictional
tributaries (non-mitigable); any impacts will be calculated as an area (square feet). One
ditch segment (to be labeled DB) is located downstream from the PB outfall and drains
east to west toward the double pipes under McClelland Road. The second ditch segment
(to be labeled DC) drains south to north to DB and is jurisdictional from a driveway pipe
located east of the hotel parking lot downstream to the confluence with DB. Both
ditches exhibit an ordinary high water mark, particle sorting, and had small fish (likely
Gambusia sp.). Rip-rap and spoil piles along both banks of DC indicate regular
maintenance of these ditches.
• The segment draining from behind Whiteys Restaurant to the driveway pipe inlet located
east of the hotel parking lot (to be labeled DD) is a man-made and maintained ditch not
subject to 404/401 jurisdiction.
• The ditch segment located on the north side of the Birchwood Apartments (to be labeled
DE) and pond PC are man-made and maintained storm water features not subject to
404/401 jurisdiction.
Figure 4. This map depicts resources located between the Franklin Road and Cinema Road
intersections along Kerr Avenue (south of Market Street). PE, PF are located behind a shopping
center and one ditch (DA) drains to a City stormwater system pipe on the east side of Kerr
Avenue (south of the Christian Bookstore). PA is located on Cinema Road next to the WBNE
103.7 radio station.
• The segment of DA from GPS points DA01 to DA03 is not subject to 404/401
jurisdiction.
• The segment of DA from points DA04 to DA07 is a perennial jurisdictional tributary
(non-mitigable). Any impacts will be calculated as an area (square feet).
• Ponds PA, PE, and PF were not reviewed; however, they are man-made storm-water
retention systems. It is assumed they are not subject to 404/401 jurisdiction.
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U-3338 Kerr Avenue Widening
09/22/2009 Field JD Meeting Minutes
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Figure 5. Sites depicted include a previously delineated ditch and WF. The surveyed boundaries
approximately match delineation boundaries that were previously verified by the Corps. Since
these sites were previously verified they were not visited during this field meeting.
The ditch (to be labeled DF) is located next to Bishop Carpet on the east side of Kerr
Avenue, between Emerson Street and Greenway Avenue. This feature was previously
determined by the Corps to be a non-jurisdictional feature. Discussions during the field
meeting indicate the determination has been changed and DF is now considered a _
perennial tributary subject to 404/401 jurisdiction (non-mitigable). Any impacts will be
calculated as an area (square feet).
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