20020878 Ver 1_Information Letter_20020722

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STATE OF NORTH CAROLINA
DEPARTl~~ENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
July 15, 2002
LYNDO TIPPETT
SECRETARY
U. S. Army Corps of Engineers `~ , 3 ,, ;;> ;,
Asheville Regulatory Field Office .;~; ~~"°
Attention: Mr. Steve Lund '
151 Patton, Room 208 ~ ~ ~ ~'~
Asheville, North Carolina 28801-5006 -
Subject: Cabarrus County, Kannapolis Westside Bypass, from NC 73 to NC 136,
State Project No. 9.8103406; TIP No. U-2009B;
Dear Mr. Lund:
The North Carolina Department of Transportation (NCDOT) proposes to
construct the Section B of the Kannapolis Westside Bypass in Cabarrus County from NC
73 to NC 136. The proposed project involves constructing a roadway facility on new
location from NC 73 to the intersection of SR 1622 (Trinity Church Road) and SR 1624
(Boy Scout Camp Road). Widening will then be along SR 1624 to NC 136. Abridge
will be constructed over Afton Run.
The Section 404 permit application was sent to the U.S. Army Corps of Engineers
(USAGE) on May 17, 2002. This letter is in response to an email from the USAGE,
dated June 28, 2002, with questions pertaining to the permit application.
New Nationwide Conditions
The USAGE mentioned that the stream impacts exceed what is now allowable
under the regional conditions for NWP 14 (300 feet), but the intermittent streams must be
functionally important. On July 11, 2002, Phillip Todd and Rachelle Beauregard visited
the intermittent streams in the project area. Corps of Engineers Intermittent Channel
Evaluation Forms and NCDWQ Stream Classification Forms were completed at that time
(no form for Site 3, perennial stream, Afton Run). After completing the forms, we still
believe with our stream delineations stated in the permit application that these streams do
not have important biological function and do not require mitigation
Site 4 was determined in earlier field meetings to have biological function because
of the adjacent wetlands, although, now the wetlands and stream are almost non-existent
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone] TRANSPORTATION BUILDING
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET
1548 MAIL SERVICE CENTER WEBSITE: WWW.DOH.DOT.STATE.NC.US RALEIGH NC
RALEIGH NC 27699-1548

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due to utility work in project area. We still plan to mitigate stream impacts to this site at
a 2:1 ratio.
The permit application noted a perennial stream at Site 7. However, on the data
forms this drainage may appear to be an intermittent stream. This stream contained water
at all previous site visits except for the most recent. During this visit, the stream had a
saturated channel bed while all the other intermittent streams were dry. We believe this
stream would have contained water if not for a several year drought in the area. We still
plan to mitigate this stream at 2:1 ratio.
No single crossing exceeds the new Nationwide 14 thresholds except Site 3 which
were are asking for a GP 31. Based on this information, we still will be able to permit
this project under the NWP 14 and GP 31. However, the USACE has the ultimate
decision on permit applicability.
Mitigation
Mitigation for this project at Key Branch is being looked into further. Key
Branch has an approved mitigation plan and it is our understanding that no MBI is
needed. As for the Afton Run stream mitigation, we have emailed the USACE on July
15, 2002, pictures of Afton Run before and after the restoration. We are still negotiating
with land owners along Afton Run about purchasing their wetlands.
Wetlands along Afton Run
At the Afton Run crossing (Site 3), wetlands were originally delineated on July
1997 with wetlands present. A beaver dam was found along Afton Run during a visit to
the site on October 9, 2001. A revised wetland delineation increased the wetland
boundary slightly. Therefore, with wetlands being present before the beaver dam, the
NCDOT does not believe the wetlands will be impacted by removing the beaver dam.
Enclosed are the Corps of Engineers Intermittent Channel Evaluation Forms and
NCDWQ Stream Classification Forms, the signed application form and a new Site
Location Map.
Please contact Rachelle Beauregard at 733-1142 if you have any questions or need
additional information.
Sincerely,
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Mr. V. Charles Bruton, Ph.D., Manager
PDEA-Office of the Natural Environment
cc: Ms. Cynthia Van Der Wiele, DWQ
File: U-2009B