HomeMy WebLinkAbout20111102 Ver 2_U-2507 A Mecklenburg November 6 2019 (1)_20191107h� ,.srn�rmoti'C
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER JAMES H. TROGDON, III
GOVERNOR SECRETARY
November 6, 2019
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
ATTN: Ms. Nicholle Braspennickx, NCDOT Regulatory Coordinator
Subject: Request for Individual Section 404 Permit and Section 401 Water Quality
Certification for the upgrade of existing Mallard Creek Road (SR 2467) from W.T. Harris
Boulevard (SR 2665) to the intersection of Hubbard Road (SR 2494) and continuing
southeast on new location to Sugar Creek Road (SR 2480) with an additional extension
from Rumple Road (SR 2501) to Neal Road (SR 2498) in Mecklenburg County. Federal
Aid Project No. STPDA-5238 (4) & (5), Division 10, TIP U-2507 A, WBS 34811.2.3.
Reference: Section 404 Permit dated November 20, 2012, Action ID: SAW-2008-02424
Section 401 Water Quality Certification dated May 24, 2012, Certification No. 3921
Dear Madam:
The North Carolina Department of Transportation is in the process of completing construction to widen the
existing Mallard Creek Road from H.T. Harris Boulevard (SR 2665) to the intersection of Hubbard Road
(SR 2494) and continuing southeast on new location to Sugar Creek Road (SR 2480) with an additional
extension from Rumple Road (SR 2501) to Neal Road (SR 2498) in Mecklenburg County.
The previously issued Individual Permit has expired, and construction at Impact Site 6 is incomplete.
Please see the enclosed ENG form, permit drawings for Site 6, and adjacent landowner address. The
previous Permit Package (including permits, certifications, mitigation acceptance and drawings) can be
found on the NCDOT Permits webpage at: https://xfer.services.ncdot.gov/pdea/Pennlssued/ in the
Archived Permits section.
NCDOT is only requesting permitting for Site 6, as all other sites have been completed. Impacts and site
descriptions for Site 6 remain as previously permitted:
Widening of W.T. Harris Blvd results in the impact to 0.01 acre of wetland by way of mechanized clearing,
as well as the need to lengthen a 24 " concrete pipe, resulting in 12 feet of permanent loss of water impact
and 16 feet of bank stabilization.
NCDOT herby requests authorization for the above -described activities at Site 6
Mailing Address: Location:
NC DEPARTMENT OF TRANSPORTATION Telephone: (919) 707-6000 1000 BIRCH RIDGE DRIVE
ENVIRONMENTAL ANALYSIS UNIT Customer Service: 1-877-368-4968 RALEIGH NC 27610
1598 MAIL SERVICE CENTER
RALEIGH NC 27699-1598 Website: www.ncdot.gov
Natural Environment Updates
Since the December 2011 application, the northern long-eared bat, and rusty -patched bumble bee have been
added to the list of Federally protected species for Mecklenburg County.
Northern long-eared bat:
Please find attached 4(d) memo, dated October 2, 2019 indicating that the proposed action does not
require separate consultation on the grounds that the proposed action is consistent with the final Section
4(d) rule. This memo was sent to the USFWS on November 6, 2019.
Rusty -patched bumble bee:
The USFWS does not require surveys for the rusty -patched bumble bee as it assumes the state is unoccupied
by the rusty -patched bumble bee.
Table 1: Federally Protected Species in Mecklenburg County
Scientific Name
Common Name
Federal
Status
Habitat
Present
Biological
Conclusion
Last Survey
Helianthus schweinitzii
Schweinitz's sunflower
Endangered
Yes
No Effect
10/21/2019
Rhus michauxii
Michaux's sumac
Endangered
Yes
No Effect
10/21/2019
Echinacea laevi ata
Smooth coneflower
Endangered
Yes
No Effect
10/21/2019
Lasmi ona decorata
Carolina heels litter
Endangered
No
No Effect
8/9/2008
M otis se tentrionalis
Northern long-eared bat
Threatened
Yes
4 d
--
Bombus a anis
Rusty -patched bumble bee
Endangered
* = The [FWS] Service does not require surveys for RPBB in North Carolina because FWS assumes the state is
unoccupied by RPBB.
Human Environment Updates
NCDOT Historic Architecture staff confirmed the information in the December 2011 application from the
FHWA and SHPO remains accurate. In addition, the resources identified in the December 2011 application
are not located in the area of the remaining site to be constructed.
Thank you for your assistance with this project. If you have any questions or need additional information,
please contact Michael Turchy at maturchy@ncdot.gov or (919) 707-6157. A copy of this permit
application and its distribution list will be posted on the NCDOT website at:
https:Hxfer. services.ncdot.goy//pdea/PermApps/
Sincerely,
V.1
ip S. Harris III, P.E., C.P.M.
ironmental Analysis Unit Head
ec: Standard Permit Application Distribution List
U.S. ARMY CORPS OF ENGINEERS
Form Approved -
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT
OMB No. 0710-0003
33 CFR 325. The proponent agency is CECW-CO-R.
Expires: 30-SEPTEMBER-2015
Public reporting for this collection of information is estimated to average 11 hours per response, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding
this burden estimate or any other aspect of the collection of information, including suggestions for reducing this burden, to Department of Defense,
Washington Headquarters, Executive Services and Communications Directorate, Information Management Division and to the Office of Management and
Budget, Paperwork Reduction Project (0710-0003). Respondents should be aware that notwithstanding any other provision of law, no person shall be
subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT
RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of
the proposed activity.
PRIVACY ACT STATEMENT
Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research, and Sanctuaries
Act, Section 103, 33 USC 1413; Regulatory Programs of the Corps of Engineers; Final Rule 33 CFR 320-332. Principal Purpose: Information provided on
this form will be used in evaluating the application for a permit. Routine Uses: This information may be shared with the Department of Justice and other
federal, state, and local government agencies, and the public and may be made available as part of a public notice as required by Federal law. Submission
of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued. One set
of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see
sample drawings and/or instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application
that is not completed in full will be returned.
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
1. APPLICATION NO.
2. FIELD OFFICE CODE
3. DATE RECEIVED
4. DATE APPLICATION COMPLETE
(ITEMS BELOW TO BE FILLED BY APPLICANT)
5. APPLICANT'S NAME
8. AUTHORIZED AGENT'S NAME AND TITLE (agent is not required)
First - Philip Middle - S Last - Harris
First - Middle - Last -
Company - NCDOT
Company -
E-mail Address-pharris@ncdot.gov
E-mail Address -
6. APPLICANT'S ADDRESS:
9. AGENT'S ADDRESS:
Address- 1598 Mail Service Center
Address -
City - Raleigh State - NC Zip - 27699 Country -USA
City - State - Zip - Country -
7. APPLICANT'S PHONE NOs. WAREA CODE
10. AGENTS PHONE NOs. w/AREA CODE
a. Residence b. Business c. Fax
a. Residence b. Business c. Fax
919-707-6001
STATEMENT OF AUTHORIZATION
11. 1 hereby authorize, to act in my behalf as my agent in the processing of this application and to furnish, upon request,
supplemental information in support of this permit application.
SIGNATURE OF APPLICANT DATE
NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (see instructions)
U-2507 A Upgrade of Mallard Creek Road
13. NAME OF WATERBODY, IF KNOWN (if applicable)
14. PROJECT STREET ADDRESS (if applicable)
UT to Doby Creek
Address
15. LOCATION OF PROJECT
Latitude: -N 35.29586 Longitude: oW-80.79329
City - State- Zip-
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions)
State Tax Parcel ID Municipality
Section - Township - Range -
ENG FORM 4345, DEC 2014 PREVIOUS EDITIONS ARE OBSOLETE. Page 1 of 3
17. DIRECTIONS TO THE SITE
From I-85, Exit onto W.T. Harris Blvd, travel west to intersection of Mallard Creek Road. Site on W.T. Harris Blvd 0.1 mile past
intersection of Mallard Creek Road on right.
18. Nature of Activity (Description of project, include all features)
The North Carolina Department of Transportation is in the process of completing construction to widen the existing Mallard Creek Road
from H.T. Harris Boulevard (SR 2665) to the intersection of Hubbard Road (SR 2494) and continuing southeast on new location to Sugar
Creek Road (SR 2480) with an additional extension from Rumple Road (SR 2501) to Neal Road (SR 2498) in Mecklenburg County.
The previously issued Individual Permit has expired, and construction at Impact Site 6 is incomplete.
NCDOT is only requesting permitting for Site 6, as all other sites have been completed. Impacts and site descriptions for Site 6 remain as
previously permitted:
19. Project Purpose (Describe the reason or purpose of the project, see instructions)
The purpose of this project is to improve local access to development along the route, improve the levels of services for current and future
traffic demands, reduce both travel time and accident potential and provide a savings of operating cost.
USE BLOCKS 20-23 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
Widening of W.T. Harris Blvd results in the impact to 0.01 acre of wetland by way of mechanized clearing, as well as the need to lengthen
a 24" concrete pipe, resulting in 12' of permanent loss of water impact and 16 feet of bank stabilization.
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards:
Type Type Type
Amount in Cubic Yards Amount in Cubic Yards Amount in Cubic Yards
see attached Cover Letter.
22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions)
Acres
or
Linear Feet see attached Cover Letter.
23. Description of Avoidance, Minimization, and Compensation (see instructions)
Impacts at Site 6 have been minimized to widening at this location. Wetland impacts have been minimized to mechanized clearing.
All impacts for the project have been accepted by the Division of Mitigation Services on 12/6/2012.
ENG FORM 4345, DEC 2014 Page 2 of 3
24. Is Any Portion of the Work Already Complete? Yes F—]No IF YES, DESCRIBE THE COMPLETED WORK
The previously issued Individual Permit has expired, and construction at Impact Site 6 is incomplete.
NCDOT is only requesting permitting for Site 6, as all other sites have been completed. Impacts and site descriptions for Site 6 remain as
previously permitted under SAW-2008-02424.
25. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (if more than can be entered here, please attach a supplemental list).
a. Address- see attached Permit Drawings.
City - State - Zip -
b. Address -
City - State - Zip -
c. Address -
City - State - Zip -
d. Address -
City - State - Zip -
e. Address -
City - State - Zip -
26. List of Other Certificates or Approvals/Denials received from other Federal, State, or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL' IDENTIFICATION DATE APPLIED DATE APPROVED DATE DENIED
NUMBER
USACE Individual Permit SAW-2008-02424 12/6/2011 11/16/2012
NCDWR Individual Permit 3921 12/6/2011 05/24/2012
Would include but is not restricted to zoning, building, and flood plain permits
27. Application is hereby made for permit or permits to authorize the work described in this application. I certify that this information in this application is
complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the
applicant.
SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE
The Application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or
fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both.
ENG FORM 4345, DEC 2014 Page 3 of 3
4
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Permit drawing'
5heet20 of 23
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GRAPIC SCALE
SITE 6
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PLAN VIEW �'�`g� DIVISION of HIGHWAYS
MECKLENBURG COUNTY
DENOTES IMPACTS IN
SURFACE WATER PROJECT.3481I.Ll (U-Z07A.)
DENOTES MACH NIZED �S
CLEA INGG _ --- CU1kRI.QTT.- .._. .
5R 2467 TO SR 2666
sal a 50'
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WETLAND PERMIT IMPACT SUMMARY
WETLAND IMPACTS SURFACE WATER IMPACTS
Site
No.
Station
(From/To)
Structure
Size / Type
Permanent
Fill In
Wetlands
(ac)
Temp.
Fill In
Wetlands
(ac)
Excavation
in
Wetlands
(ac)
Mechanized
Clearing
in Wetlands
(ac)
HaFd
Clearing
in
Wetlands
(ac)
Permanent
SW
impacts
(ac)
Temp.
SW
impacts
(ac)
Existing
Channel
Impacts
Permanent
(ft)
Existing
Channel
Impacts
Temp.
(ft)
Natural
Stream
Design
(ft)
1
50+59 to 52+15-L- RT
Fill
0.07
0.04
51+50 to 53+23-L-LT
Fill
<0.01
<0.01
152
10
53+75 to 58+49 -L-
Fill
0.04
<0.01
552
10
53+75 to 53+90-L-LT
Bank Stablization
<0.01
22
2
57+19 to 57+58-L-
Bank Stablization
0.01
0.01
72
76
57+44 to 58+30-L-
Tx 8" RCBC
0.03
214
3 -
63+89 to 67+58-L- LT
Fill
0.26
0.82
63+88 to 64+23-L- RT
Fill
0.01
63+20 to 63+21-L-RT
Bank Stablization
<0.01
<0.01
19
4
27+14 to 27+83-Y6-RT
Pipe Extension
0.01
0.01
<0.01
44
Bank Stabilization
<0.01
<0.01
34
10
5 "
84+64-L- RT
Fill
0.01
0.02
6
17+66 to
Fill
0.01
17+98-Y13- LT
Pipe Extension
<0.01
12
Bank Stabilization
16
TOTALS:
0.09
0.06
0.35
0.85
1137
106
. Pond/Basin
Revised 3/31105
Adjacent Property Owner to Site 6:
HS Mallard Creek Center, LLC
101 S Tryon St Ste 2410
Charlotte NC 28280