19980034 Ver 1_Complete File_19980120

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
A4
D E N R
January 27, 1998
Cleveland County
WQC 401 Project # 980034
TIP # R-2625B
APPROVAL of 401 Water Quality Certification
Frank Vick
NC DOT
PO Box 25201
Raleigh NC 276611-5201
Dear Mr. Vick:
You have our approval, in accordance with the attached conditions, to place fill material in 0.22 acres of wetlands or
waters for the purpose of constructing Pfifer Road to US 74 Business, as you described in your application dated January
18, 1998. After reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 3103. This Certification allows you to use Nationwide Permit Number 14 when it is issued by the
Corps of Engineers. 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. Also this approval will expire when the accompanying 404 or CAMA permit expires
unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. 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). For this approval to be valid, you must follow the conditions listed in the attached certification.
If you do not accept any of the conditions of this certification, you may ask for an adiudicatory hearing. You must
act within 60 days of the date that you receive this letter. To ask for a hearing, send a wrin n 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.
Y•
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
Mr. John Domey
Central Files
Howard, Jr. P
980034.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # 733-
9959
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper

STATE OF NORTH CAROLINA
DEPARTMENT OF TP ANSPORTATION
JAMES B. HUNT JR.
GOVERNOR
January 15, 1998
Regulatory Branch
P.O. BOX 25201. RALEIGH, N.C. 27611-5201
401 ISSUED
U. S. Army Corps of Engineers
Wilmington Field Office
P. O. Box 1890
Wilmington, North Carolina 28402-1890
ATTENTION: Mr. Mike Smith
Assistant Chief
Dear Sir:
GARLAND B. GARRETT JR.
SECRETARY
02°x'
000144%rr
SUBJECT: Cleveland County, new route from Phifer Rd. to US 74 Business,
TIP No. R-2625B, State Project No. 8.280080 1, Federal Aid Project
No. STP-2283(1).
The North Carolina Department of Transportation (NCDOT) proposes to construct a two-
lane facility on new location from SR 2256 (Phifer Rd.) to US 74 Business (Shelby Rd.).
The new facility will be 1.38 miles in length and will be constructed on multi-lane right
of way to accommodate two additional lanes in the future, should they be required.
The proposed project will impact waters of the United States at two locations. The first
site is located near the proposed intersection at Phifer Rd. A 1.08 acre pond will be
drained and filled to allow for the realignment of Phifer Rd. This will also impact
0.217 acres of fringe wetlands associated with the pond. The NCDOT anticipates that
construction will be complete at this site by December 13, 1998. Therefore, it is
anticipated that these impacts will be covered under a Nationwide Permit No. 26.
Site number two is the crossing of Beason Creek. Beason Creek will be crossed with a
triple barrel reinforced concrete box culvert. The culvert will impact 130 feet of Beason
Creek. Fill in surface waters will be less than 0.10 acres. It is anticipated that impacts to
Beason Creek will be covered under a Nationwide Permit No. 14.
?ti
.*
The NCDOT requests that construction of this project be authorized under the
aforementioned permits. Permit drawings and a pre-discharge notification form are
included for your review. If you have any questions or need additional information,
please call Mr. Lindsey Riddick at [phone], extension 315.
4 rye,
HFV/plr
Attachments
Sincerely,
zrafixkiin?Vick, PE, Manager
Planning and Environmental Branch
cc: Mr. Steve Lund, COE, Asheville
Mr. John Dorney, NCDEHNR, DWQ
Mr. David Cox, NCWRC
Mr. Whit Webb, PE, Program Development Branch
Mr. Len Hill, State Highway Engineer - Design
Mr. A. L. Hankins, Hydraulics Unit
Mr. Tom Shearin, PE, State Roadway Design Engineer
Mr. R. W. Spangler, PE, Division 12 Engineer

DEM ID:
CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #):
T.I.P. No. R-2625B
NWP 14 and 26
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME: NC Dept. of Transportation; Planning & Environmental Branch
2. MAILING ADDRESS: Post Office Box 25201
CITY: Raleigh STATE:
SUBDIVISION NAME:
NC
ZIP CODE: 27611
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
3. TELEPHONE NUMBER (HOME):
(WORK): [phone]
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
H. Franklin Vick, P.E., Manager
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP
OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Cleveland NEAREST TOWN OR CITY: Kings Mountain
1

SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.): New route between Pheiffer Road and US 74
Business in Cleveland County. See attached vicinity maps.
6. IMPACTED OR NEAREST STREAM/RIVER: Beason Creek
RIVER BASIN: Broad
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT,
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS
(WS-I OR WS-II)? YES [ ] NO [x] IF YES, EXPLAIN: _
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [x]
7c. 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?
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ] NO [x] IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS
PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION):
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES [ ] NO [x] IF YES, DESCRIBE ANTICIPATED WORK:
TIDAL SALTWATER (SA),
(ORW), WATER SUPPLY
2
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: N/A
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
0.217 acre
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 0.217 acre EXCAVATION:
FLOODING:
DRAINAGE:
OTHER:
TOTAL ACRES TO BE IMPACTED: 0.217 acre
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: FT AFTER: FT
WIDTH BEFORE (based on normal high water contours): FT
WIDTH AFTER: FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: x
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND?
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS ONLY):
Roadway construction with road construction equipment.
13. PURPOSE OF PROPOSED WORK: Highway construction.
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):
This is a linear project subject to topographic, social and economic
constraints, making total wetland avoidance difficult. A stillincr basin
was moved out of a wetland to avoid unnecessary impacts.
15. 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 CRITICAL HABITAT IN THE PERMIT 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 [x] 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 ENVIRONMENTAL
POLICY ACT?
YES [x] NO [ ]
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
?DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [x] 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 [phone].
4
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,
AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST
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?
29,
BE
Rural to suburban development
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
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.
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OWN R'S/AGENT'S S GNATURE
11141V
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(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
Vicinity Map

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NEW ROUTE FROM SR 2256 (PHIFER RD.)
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RCBC

North Carolina Department of Cultural Resources
James B. Hunt, Jr., Governor
Betty Ray McCain, Secretary
Division of Archives and History
William S. Price, Jr., Director
March 23, 1993
MEMORANDUM
TO: L. J. Ward, P.E., Manager
Planning and Environmental Branch
Division of Highways
Department of Trarr ationy`
FROM: David Brook
e"7
Deputy State Hric Preservation
xtl??
Officer
SUBJECT: Dixon School Road Extension (SR 2283) from south
of NC 216 to US 74 Business, Cleveland County, R-
2625, 8.2800801, STP-2283(1), CH 93-E-4220-0613
We have received information concerning the above project from the State
Clearinghouse.
We have conducted a search of our files and are aware of no structures of
historical or architectural importance located within the planning area. However,
since a comprehensive historical architectural inventory of Cleveland County has
never been conducted, there may be structures of which we are unaware located
within the planning area.
We recommend that an architectural historian for the North Carolina Department of
Transportation survey the area of potential effect and report the findings to us.
Please send photographs, keyed to a map, of all structures over fifty years of age.
Also include a brief statement about each straucture's hsitory and explain which
National Register criteria it does or does not meet.
There are no known recorded archaeological sites within the project boundaries.
However, the project area has never been systematically surveyed to determine
the location of significance of archaeological resources.
We recommend that a comprehensive survey be conducted by an experienced
archaeologist to identify the presence and significance of archaeological remains
that may be damaged or destroyed by the proposed project. Potential effects on
unknown resources should be assessed prior to the initiation of construction
activities.
The above comments are made pursuant to Section 106 of the National Historic
Preservation Act of 1966 and the Advisory Council on Historic Preservation's
Regulations for Compliance with Section 106, codified at 36 CFR Part 800.
109 East Joncs StrccI - Ralcigh, North Carolina 27601-2807 ?d
A-22
L. J. Ward
March 23, 1993, Page 2
Thank you for your cooperation and consideration. If you have questions
concerning the above comment, please contact Renee Gledhill-Earley,
environmental review coordinator, at 919/733-4763.
DB:slw
cc: .1 State Clearinghouse
B. Church
T. Padgett
Nicholas Graf

A-23
United States Department of the Interior
72
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a
FISH AND WILDLIFE SERVICE
Asheville Field Office
330 Ridgefield Court
Asheville, North Carolina 28806
March 24, 1993
Mr. L. J. Ward, P.E., Manager
Planning and Environmental Branch
Division of Highways
North Carolina Department of Transportation
P.O. Box 25201
Raleigh, North Carolina 27611-5201
Dear Mr. Ward:
Subject: Scoping for proposed extension of Dixon
from south of NC 216 to US 74 Business,
Carolina, T.I.P. No. R-2625
7
PRIDE IN
AMERICA

O
MAR 2 9 1993
2C DlVIg?CW 0? V2
School Road (SR 2283)
Cleveland County, North
In your letter of January 19, 1993 (received January 25, 1993), you
requested information that would be pertinent for your use in the
preparation of a document evaluating the environmental impacts that could
result from the subject project. The following comments are provided in
accordance with the provisions of the Fish and Wildlife Coordination Act,
as amended (16 U.S.C. 661-667e), and Section 7 of the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531-1543) (Act).
According to information provided in your letter, this project will
involve the realignment and extension of Dixon School Road from just
north of Interstate 85 and terminating at US 74 Business near SR 2031.
The extension will be constructed primarily on a new alignment and will
consist of a two-lane 24-foot paved road with 8-foot shoulders. Two
alternatives--a western and eastern route--are presently under
consideration.
The U.S. Fish and Wildlife Service (Service) is particularly concerned
about the potential impacts the proposed project could have on stream and
wetland ecosystems within the project impact area and on the
dwarf-`lowered heartleaf (Hexastylis naniflora), a federally threatened
plant species known to occur in Cleveland County. Preference should be
given to alternative alignments, stream-crossing structures, and
construction techniques that avoid and/or minimize encroachment and '
impacts to these resources.
The dwarf-flowered heartleaf grows in acidic, sandy loam soils along
bluFfs and nearby slopes, in boggy areas adjacent to creek heads and
--treams, and along the slopes of hillsides and ravines. Soil type is the
A-17
most important habitat requirement, with Pacolet and Madison gravelly
sandy loam or Musella fine sandy loam soils recognized as necessary for
the growth and survival of this species. The presence or absence of this
species in the project impact area should be addressed in the
environmental document.
The Service will provide comments on the two alternatives under'
consideration once the draft environmental document is released. The
Service's review of the subject document would be greatly facilitated if
the document contained the following information:
(1) A complete analysis and comparison of the available
alternatives (the build and no-build alternatives).
(2) A description of the fishery and wildlife resources within
the required rights-of-way and any areas, such as borrow
areas, that may be affected directly or indirectly by the
proposed road extension.
(3) Acreage and description of the creeks, streams, or
wetlands that will be filled as a consequence of the
proposed road extension. Wetlands affected by the
proposed project should be mapped in accordance with the
Federal Manual for Identifying and Delineating
Jurisdictional Wetlands. We recommend contacting the
U.S. Army Corps of Engineers, Asheville Regulatory Field
Office (704/259-0855), to determine the need for a Section
404 Clean Water Act permit.
(4) Linear feet of any water courses that will be relocated as
a consequence of the proposed project.
(5) Acreage of upland habitat, by cover type, that will be
eliminated because of the proposed project.
(6) Description of all expected secondary and cumulative
environmental impacts associated with this proposed work.
(7) An analysis of any crossing structures considered (i.e.,
spanning structure, culverts, etc.) and the rationale for
choosing the preferred structure(s) for any new crossings.
(8) Mitigation measures that will be employed to avoid,
eliminate, reduce, or compensate for habitat value losses
associated with any of the proposed project.
We appreciate the opportunity to provide these scoping comments and
request that you continue to keep us informed as to the progress of this
A-18
project. In any future correspondence concerning this project, please
reference our Log Number 4-2-93-052.
Sincerely,
Brian P. Cole
Field Supervisor
cc:
Mr. Randall C. Wilson, Nongame Section Manager, Division of Wildlife
Management, North Carolina Wildlife Resources Commission,
512 N. Salisbury Street, Raleigh, NC 27604-1188
Director, North Carolina Natural Heritage Program, P.O. Box 27687,
Raleigh, NC 27611
Mr. Cecil Frost, North Carolina Department of Agriculture, Plant
Conservation Program, P.O. Box 27647, Raleigh, NC 27611
Mr. Dennis Stewart, Division of Boating and Inland Fisheries, North
Carolina Wildlife Resources Commission, 512 N. Salisbury Street,
Raleigh, NC 27604-1188
A-19
I?pB DEPART` 22 17 CF ADMINISTRATION
116 WEST JONES STREET
RALEIGH NORTH CAROLINA 27603-8003
p3-25-93
INTERGOVERNMENTAL REVIEW COMMENTS
MAILED TO: FROM:
N.C. DEPT. OF TRANSPORTATION MRS. CHRYS BAGGETT
L.J• WARD DIRECTOR
PLANN. C ENV. BRANCH N C STATE CLEARINGHOUSE
HIGHWAY BLDG./INTER-OFFICE
PROJECT DESCRIPTION:
SCOPING - PROPOSED DIXON SCHOOL ROAD EXTENSION FROM DIXON SCHOOL
ROAD (SR 2283) FROM SOUTH OF NC 216 TO US 74 BUSINESSi CLEVELAND
COUNTY TIP #R-2625
SAI NO 93E42200613 PROGRAM TITLE - SCOPING
THE ABOVE PROJECT HAS BEEN SUBMITTED TO THE NORTH CAROLINA
INTERGOVERNMENTAL REVIEW PROCESS. AS A RESULT OF THE REVIEW THE FOLLOWING
i
IIS SUBMITTED: ( ) NO COMMENTS WERE RECEIVED
( X) COMMENTS ATTACHED
SHOULD YOU HAVE ANY QUESTIONST PLEASE CALL THIS OFFICE [phone]-
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A-20