20010414 Ver 1_Complete File_20010321

Ecosystem
PROGRAM
Greg Thorpe, PhD., Manager
Planning & Environmental Branch
NC Department of Transportation
1548 Mail Service Center
Raleigh, NC 27699-1548
Subject: Realignment of West Sugar Creek Road, SR2480
County: Mecklenburg
FEVAN191
MAR 1 5 2005
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
March 7, 2005
DWQ #: 01-0414
COE #: N/A
DOT TIP #: U-3342
While comparing our records with those of the US Army Corps of Engineers, we have discovered that we never
received your additional payment for the cost of mitigation conditioned in the 401 Permit dated April 12, 2001 for
the subject project. According to the Corps of Engineers this project has been completed.
Special Conditions of the 401 Permit allowed you to impact 0.15 acres of riparian wetlands (at a ratio of 2:1) and
0.03 actes of non-riparian wetlands associated with this project by payment to the North Carolina Wetlands
Restoration Program in. the amount necessary to perform 0.50 acres of riparian wetlands and 0.25 acres of non-
riparian wetlands compensatory mitigation, according to the Memorandum of Understanding between, the NC
Department of Environment and Natural Resources and the US Army Corps of Engineers dated November 4,
1998, in the Catawba River Basin (Cataloging Unit 03050101). The total amount for this mitigation is
$15,000.00, a check in the amount of $9,000.00 was received November 19, 2003 leaving a balance of $6,000.00
still due. Construction within jurisdictional areas on the property was supposed to begin only after the permittee
had made full payment to the NC WRP, and the NC WRP had made written confirmation to the District Engineer
that it agreed to accept responsibility for the mitigation work required.
Enclosed you will find an invoice in the amount of $6,000.00 for the above referenced project. Considering the
fact that this project has been completed, funds will be transferred internally to cover the amount of this invoice.
If you have any questions or need additional information, please contact Beth Harmon, 919-715-1929
cc: Cyndi Karoly, 401 Wetlands Unit
Steve Lund, USACOE, Asheville
Allen Johnson, DWQ Regional Office, Mooresville
File
R Ut"orK9... ... Prat", Dar State
i liam D. Gilmore, PE
Director
Sincerely,
?!.:15WA
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 91 9-71 5-0476 / www.nceep.net
O?0F wAT?9pG Michael F. Easley
Governor
r William G. Ross, Jr., Secretary
>_ - Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
April 2, 2001
Mecklenburg County
DWQ Project No. 010414
APPROVAL of 401 Water Quality Certification with Additional Conditions, WRP
Mr. William Gilmore, P.E., Manager
NCDOT Project Development and Environmental Analysis
1548 Mail Service Center
Raleigh NC 27699-1548
Re: Realignment of West Sugar Creek Road (SR 2480) from existing West Sugar Creek
Rd. (0.22 mi. south of Harris Blvd.) to West Sugar Creek Rd. (0.22 mi. north of David
Cox Rd.), State Project No. 9.8100392, Mecklenburg County, TIP No. U-3342.
Dear Mr. Gilmore:
You have our approval, in accordance with the attached conditions and those listed below, to impact
0.15 acres of wetlands and 508 linear feet of an unnamed tributary to Mallard Creek in order to
realign an existing two-lane section of West Sugar Creek Road (SR 2480) in Mecklenburg County.
The project should be constructed as described in your application dated March 16, 2001 (received
March 21, 2001). After reviewing your application, it is our determination that your proposed
activities are covered by General Water Quality Certification Number 3289 which corresponds to
Nationwide Permit Number 14 issued by the US Army Corps of Engineers. Prior to initiating any
work in jurisdictional areas you should obtain the necessary permit(s) from the Corps of Engineers as
well as any other federal, state or local permits, including (but not necessarily limited to) Sediment
and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will
expire when the accompanying §404 permit expires, unless otherwise specified in the General
Certification.
This approval is valid solely for the purpose and design described in your application (unless
modified below). Should your project change, you must notify the DWQ and submit a new
application. If the property is sold, the new owner must be given a copy of this Certification and
approval letter, and is thereby responsible for complying with all the conditions. For this approval to
be valid, you must follow the conditions listed in the attached certification and any additional
conditions listed below:
Mitigation
Since the proposed fill is in excess of 150 linear feet of stream length, compensatory mitigation is
required as described in 15A NCAC 2H .0506 (h) (6) and (7). We understand that NCDOT proposes
compensatory mitigation in the form of performing 364 linear feet of onsite stream relocation using
natural stream channel design. No additional stream mitigation will be required. In addition,
compensatory mitigation is proposed for 0.15 acres of wetlands at a ratio of 2:1 [0.30 acres of
mitigation].
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiands/
Page 2 of 2
d _
We un e1 Rand that you have chosen to contribute to the Wetland Restoration Program for .
the wetland impacts, and that the WRP has agreed to implement mitigation for the project.
In accordance with 15A NCAC 2R.0500, this contribution will satisfy our compensatory
mitigation requirements under 15A NCAC 2H.0506(h). Until the Wetland Restoration
Program receives and clears your check (made payable to DENR - Wetland Restoration
Program), wetland or stream fill shall not occur. Mr. Ron Ferrell should be contacted at
919.733.5083 ext. 358 if you have any questions concerning the Wetland Restoration
Program. You have two months from the date of this Certification to make the payment.
For accounting purposes, this Certification authorizes the fill of 0.15 acres of wetlands and
508 linear feet of stream in the Catawba River Basin in Cataloging Unit 03050101.
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 that conforms to Chapter 150B of the North
Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and
binding unless you ask for a hearing.
If you have any questions, please contact John Dorney at 919.733.9646.
Sincerely,
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
NCDWQ Mooresville Regional Office
Central Files
0

LTy d SL1TFo .. _.
N w-
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY DIVISION OF HIGHWAYS W. LYNDo TIPPETT
GOVERNOR March 16, 2001 SECRETARY
010414
U. S. Army Corps of Engineers
Attention: Mr. Steve Lund, MS, PWS "401 ISSUED"
151 Patton Avenue, Room 208
Asheville, North Carolina, 28801-5006
Subject: Realignment of West Sugar Creek Road (SR 2480) From Existing West Sugar Creek
Road (0.22 Miles South of W. T. Harris Boulevard) to West Sugar Creek Road (0.22
Miles North of David Cox Road, SR 2485), Mecklenburg County, TIP No. U-3342,
Project No. 9.8100392.
Dear Mr. Lund:
The North Carolina Department of Transportation (NCDOT) proposes to realign an existing two-
lane section of West Sugar Creek Road (SR 2480) in Mecklenburg County. The improvements
include road realignment of SR 2480, placement of guardrail, and an increase in pavement width
to a thirty-six (36) foot pavement section (increased width includes middle turn lane) with ten
(10) foot usable shoulders.
NEPA Documentation
A State Minimum-Criteria Checklist was completed for this project and submitted to NCDOT by
Mr. Larry Meisner, of Kimley-Horn and Associates, in September of 1998 (a copy of which is
enclosed). Based upon the information provided in the State Minimum Criteria Checklist, this
project does not require an environmental document pursuant to the North Carolina
Environmental Policy Act. Larry Thompson, Division Environmental Officer, and Michael Wood,
Project Development and Environmental Analysis, conducted a field review of the project site on
November 9, 2000. Mr. Thompson also conducted a field review of the project site with Mr. Pete
Colwell, North Carolina Division of Water Quality (NCDWQ), on December 1, 2000 and Mr.
Lawrence Dorsey, North Carolina Wildlife Resources Commission (NCWRC), on January 16,
2001.
Impacts to Waters of the United States
Wetland Impacts
Wetlands were delineated using criteria outlined in the 1987 Corps of Engineers Wetland
Delineation Manual. 9
716 West Main Street, Albemarle, NC 28001 • [phone] 9 Fax [phone]
There are two wetland areas located within the project area that total 0.15 acre in size. Upon
review of the final roadway design, it has been determined that both wetland areas will be
impacted by the realignment of SR 2480. Both sites are riparian wetlands that are located on an
unnamed tributary to Mallard Creek. There is a small forested wetland (0.03 acre), identified as
W1, that is located within the project area just north of W. T. Harris Boulevard. The second site
is an emergent wetland 0( 12 acre), labeled as W2, and is located within the existing sanitary
sewer easement also located north of W. T. Harris Boulevard. The extent of these wetlands were
delineated and verified by a representative of the U. S. Army Corps of Engineers on July 17,
1998. The area of wetlands that will be filled by this project will total 0. Tacre in size.
Stream Impacts
The project lies within the Catawba River Basin (Hydrologic Unit 4 03050101). The stream
delineation was performed using guidance provided by the North Carolina Division of Water
Quality (NCDWQ), "Field location of streams, ditches and ponding: Revision Number Six,
Working Draft, dated February 10, 1997." There is one intermittent stream channel, an unnamed
tributary (UT), to Mallard Creek, which will be impacted. The stream impacts will result from a
culvert installation as well as stream channel relocation. Table 1 includes information related to
existing stream length (ft), relocated channel (ft) and channel loss (ft).
Table 2. ImDactS to Streams from realignment of W. Sugar Creek Road (SR 24901
Site Existing Relocated Channel Channel Loss
No. Stream Name Stream Length Length (feet) (feet)
feet
1 UT of Mallard Creek 508 364 144
Notes: "UT' refers to unnamed tributan.
Compensatory Mitigation
The NCDOT has reviewed impacts to waters of the United States. The NCDOT proposes 364
feet of onsite stream relocation for 508 feet of stream impacts. The proposed relocation of the
intermittent channel will utilize natural stream channel design to offset the impacts caused by
construction of this project. A copy of the natural stream channel design has been enclosed.
Based upon the December 1, 2000 meeting with Mr. Colwell, NCDWQ, mitigation will not be
required by the NCDWQ.
The NCDOT proposes compensatory mitigation for the impacted wetlands at a ratio of 2:1 for a
total of 0.24 acres of mitigation. The North Carolina Wetland Restoration Program (NCWRP)
has expressed a willingness to accept this compensatory mitigation work. The acceptance letter
from the NCWRP has been attached.
Summary
The NCDOT anticipates that the aforementioned activities will be authorized under a Section 404
Nationwide Permit 14. There will be 0.1 Sacre of fill deposited in wetlands and 144 feet of stream
loss due to this activity. The NCDOT proposes to mitigate for the relocated portion of stream
channel on-site and has requested assistance from the NCWRP to provide compensatory
2
mitigation for the 0.1 acre of wetland loss. The NCDOT requests authorization from the
USACE to construct the proposed project as described. Application is also made for 401 Water
Quality Certification from the North Carolina Division of Water Quality. The NCDOT asks that
the NCWRC provide a letter of concurrence to the USACE.
Thank you for your assistance with this project. If you have any questions or need any additional
information concerning this project, please contact Mr. Larry Thompson, Division Environmental
Officer, at [phone].
Sincerely,
Benton G. Payne, P. E.
Division Engineer
BGP:LBT
Attachment
cc: Mr. David Franklin, USACE, Wilmington
Mr. John Dorney, NCDWQ, Raleigh
Ms. Marella Buncick, USFWS, Asheville
Ms. Maryellen Haggard, NCWRC, Elkin
State Historic Preservation Office
Mr. David Harris, Area Roadside Environmental Unit
Mr. Barry Moose, P. E.
Mr. Larry Thompson, R. S.
Mr. David Jarrett

DEM ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): NW-14
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 Department of Transportation
2. MAILING ADDRESS: 716 W. Main Street
SUBDIVISION NAME:
CITY: Albemarle STATE: NC ZIP CODE: 28001
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): .
West Sugar Creek Road (SR 2480) From Existing West Sugar Creek Road (0.22 Miles
South of W. T. Harris Boulevard) to West Sugar Creek Road (0.22 Miles North of David
Cox Road (SR 2485), Mecklenburg County
3. TELEPHONE NUMBER (HOME):
(WORK): [phone]
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,
ADDRESS, PHONE NUMBER:
Larry Thompson, R.S.
Division Environmental Officer
716 W. Main Street
Albemarle, NC 28001
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS
TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE) : See Attached.
COUNTY: Mecklenburg NEAREST TOWN OR CITY: Charlotte
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.)
West Sugar Creek Road (SR 2480) From Existing West Sugar Creek Road (0.22 Miles
South of W. T. Harris Boulevard) to West Sugar Creek Road (0.22 Miles North of David
Cox Road (SR 2485)
O
6. IMPACTED OR NEAREST STREAM/RIVER: Unamed tributary to Mallard Creek
QUl ?, r?B2-P?
RIVER BASIN:
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW),
WATER SUPPLY(WS-I OR WS-II)? YES [ ] NO [X] IF YES, EXPLAIN:
7b. IF THE PROJECT IS LOCATED WITHIN A NORTH CAROLINA DIVISION OF
COASTAL MANAGEMENT ARE 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: N/A
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:
9A. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 10 acres
9B. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT
SITE: 0.12 acre
10A. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 0.12 acre EXCAVATION:
FLOODING: OTHER:
DRAINAGE: TOTAL ACRES TO BE IMPACTED: 0.12 acre
2

10B. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: 508 FT AFTER: 364 FT
WIDTH BEFORE (based on normal high water contours) : Variable FT
WIDTH AFTER: 3 FT
AVERAGE DEPTH BEFORE: Variable FT AFTER: 2 FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: X PLACEMENT OF PIPE IN CHANNEL: X
CHANNEL ELEVATION: 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? N/A
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 81-:" x 11" DRAWINGS
ONLY) : Project description can be found in the accompanying cover letter.
Typical medium to heavy duty construction equipment will be utilized.
13. PURPOSE OF PROPOSED WORK: Public transportation.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS) : See State Minimum Criteria Checklist and accompanying cover letter.
15. 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: March 16, 2001
16. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE
OF PUBLIC(STATE) LAND?
YES [X1 NO [ 1 (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 [XI NO [ 1
3
. .
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [X] NO [ ]
IF ANSWER TO 16b 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, 1302 Marl Service Center,
RALEIGH, NORTH CAROLINA 27699-1302, TELEPHONE [phone].
17. 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 MUST 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. Attached
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? Urban/Commercial
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A
g. SIGNED AND DATED BY 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, AND
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION.
0 ER G 'S SIGN TUR
GENT'S SIGNATURE ALID N
I XO/
F AUTHORIZATION LETTER THE OWNER IS PROVIDED (18G.))
3- /s- O
DATE
4
NCDOT/P&E BRANCH Fax:[phone]
w a TE94G
>
Mar 13 '01 1141 P.02
Michael F. Easley
Governor
William G. Ross, Jr., secretary
Department of Environment and Natural Resources
Kerr T. Stevens, Director
Division of Water Quality
March 9, 2001
Mr. Phil Hams
NC Dept of Transportation
P D and E A Branch
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Mr. Harris:
Subject: Project Naive: Sugar Creek Road
TIP #: U-3342
County: Mecklenburg
The purpose of this letter is to notify you that the North Carolina Wetlands
Restoration Program (NCWRP) will accept payment for wetland impacts associated with
the subject project in accordance with the.Memorandum of Understanding between the
North Carolina Department of Environment and Natural Resources and the U.S. Army
Cotes of Engineers dated November 4, 1998. Based:on information supplied by you in a
letter dated January-31, 2001, an application requesting authorization to impact .14 acres of
wetlands has been submitted'for the- subjec*cproject. The NCWRP will provide mitigation
as specified in the 401 Water Quality Certification and/or Section 404 permit (up to .28
acres of wetlands restoration) for impacts associated with the subject project in Cataloging
Unit 03050103 of the Catawba River basin.
If you have any questions or need- additional information, please contact Crystal
Braswell at [phone].
Sincerely,
Ronald E. Ferrell,
.Program Manager
REF/cvb
cc: Rob Ridings, NCDOT
Steve Lund, USACOE
file
Customer Service Division of Water Quality 1614 Mail Service Center Raleigh, NC 27699-1619
Wetlands Restoration Program [phone] Fax: [phone]
NCDOT/P&E BRRNCH
Fax:919-766-yryu

7671
Post-Ir Fax Note
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Nov 2r '00 11:56
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DEPA,r,,. 1 lvl?l?t 1 Ur. .1 XA?NJYUK 1'
JAMES B. HUNT JR. P.O. BOX 25204RALEIGK N.C. 27611-5201 i
GOVERNOR
September 29, 1998
i
Mr. Larry Meisner, P.E., AICP
Kinley-Horn and Associates
Post Office Box 33068
Raleigh, North Carolina 27636-3068
Dear Larry:,
P. O1
TION
E. NORRIS-TOLSON
SECRETARY
i
My staff has reviewed the Minimum Criteria Determination Checklist you provided for
the improvements to West Sugar Creek Road in Mecklenburg ounty (TIP number U-
3342). From the information you provided it appears the proje, t impacts fall below the
threshold established for state minimum criteria for NCDOT PT91ects. Therefore, this
project does not require an environmental document pursuant tb the North Carolina
Environmental Policy Act.
You have indicated that no environmentally sensitive features Mere discovered by your
environmental review of the project area. Unless a change in the project scope occurs,
this project requires no additional environmental review.
Sincerely,
,?j Richard B. Davis, P.E., Assistant. Manager
f 7 Planning and Environmental Branch
cc: Mr. Whit Webb, P.E., Program Development Branch
Mr. Benton Payne, P.E., Division 10
Mr. Len Hill, P.E., Highway Design Branch
Ms. Sandy Nance, Administrator's Office
Mr. Gerald Barbour, Design Services
NCDOT/P&E BRHNCH rax:yly-(SS-y(134 Nov 1( 'UU 11:5( F'.U1

Project Location: Mecklenburg County.
MROMUM CRITERIA DETERMINATION CHECKLIST
The following questions provide direction in determining wheth Ir a proposed project has only a
minimum potential for environmental effects. Answer the follov6g questions by checking
either yes or no. Refer to the attached guidance for assistance.
TIP Project No. U-3342 _
State Project No. 9.8100392 r
Project Description: Realignment of approximately 3,000-feet bf West Sugar Creek Road in
developed area with mixed land uses. ;
Anticipated Permits or Consultation Requirements: Coordination with Corps of Engineers
and submittal of permit applications for wetlands and stream relocation.
Special Project Information: None
PART A• N=N fUM CRITERIA
f
1. Is the proposed project listed as a .type which would qualify as a
`Non-Nfajor Action uhder the Minimum Criteria?
PART 13: MINIMUM CRITERIA EXCEPTIONS
2. Is the proposed action likely to precipitate significant, foreseeable
alterations in land use, planned growth, or development-patterns?
The project is located in an area of mixed land uses. The realigned
roadway will better serve existing and planned commercial and residential
development.
3. Does the proposed action divide or disrupt an establishe community?
i
No established community will be affected by the project. the realigned
roadway will improve access between subdivisions and community
facilities located in the project area.
4. Does the proposed action bypass an existing community
The realigned West Sugar Creed Road will be located wi ''?? 700 feet west
of the existing roadway, and will not affect an existing corn unity.
YES NO
YES
NO
NO
NO
NCDOT/PBE BRANCH Fax:[phone] Nov 27 '00 11:57 P.03
5. Does the proposed action provide new access to areas containing
significant amounts of exploitable natural resources? +
i
As previously described, the project is located in developed area of mixed
land uses, primarily commercial and residential. No explo}table natural
resources are located in this area. :.
6. Is the proposed-action likely.to hivea significant -detrimental impact
on air quality? i ,
While no significant detrimental impacts on'air quality are,likely, the
project may have a slight positive impact through reduced congestion.
7. Is the proposed action likely to ;have a significant detrimental impact
on ambient noise levels for adjoining areas?
No significant noise impacts are likely due to the existing land uses and
existing traffic on W.T. Harris Boulevard, West Sugar Creek Road, and
David CQx.Read. The realignment will shift traffic furtheriwest from one
sensitive receptor, the University City United Methodist Church.
8. Is the proposed action likely to have a significant i pact on travel
.•patterns.or traffic volumes? • +
No significant impacts to travel patterns or volumes wLI c .l-. . The
realignment will improve access and alleviate traffic congestion in the area.
Portions of the existing roadway will remain to serve the current land uses.
The realignment includes a better and safer geometric design of the
intersection with W.T. Harris Boulevard. j
9. Is the proposed action likely to significantly affectwater quality?
The only stream in the project area is an unnamed tributary to Mallard
Creek. The stream's quality has already been affected by previous
construction activities including rip-rap and a sanitary sewe easement.
NCDOT's sediment and erosion control procedures will be mplemented to
protect the stream.
10. Does the proposed action require.the relocation of
of people?
numbers
NO
NO
'NO
NO
NO
NO
No relocations of residences or businesses will be required.
NCDOT/PBE BRANCH Fax:[phone] Nov 2( 'uu 11:1)6
11. Is the project likely to be controversial?
Due to the lack of relocations and the improved local access, the project is
not likely to be controversial. i
12. Will the proposed action require the-. use of land owned by the U. S.
Forest Service or the National Park Service?
No involvement of Forest Service or National P. Servi:rl'.:.-ds will be
required. This determination is based on field red6nnaissaAce and review
of National Geographic mapping of federal lands and USGS mapping
(Derita, North Carolina quadrangle and national map of Indian lands).
PART C: COMPLIANCE WITH STATE AND FEDERAL
REGULATIONS
Ecological Impacts
13. Is a federally protected, threatened or endangered species, or its
habitat, likely to be impacted by the proposed action?
t
According to the North Carolina Natural Hcritage P17
's list of
federally protected species dated January 1998, the follopecies are
-Imown to occur in Mecklenburg County: .
Carolina heelsplitter (Easmigona decorata) - Endangered
Schweinitz's sunflower (Helianthus schweinitizif) - Endangered
Smooth coneflower (Echinacea laevfgata) - Endangered
Michaux's sumac (Anus michauxii) - Endangered i
Suitable habitat for the Carolina heelsPlitter does note . l in the project
?j
area, as portions of the stream involved have been previously disturbed and
rip-rapped during the construction of a sanitary sewer line. ?n addition, the
stream in the project area appears to be intermittent I
Habitat for the SchweinitZs sunflower and the 'smooth coneflower does
exist within the project area along the rights-of-vvay for the existing roads
and utility easements. No individuals of either :.species were observed
during field reconnaissance on' April -.1998. I lie flowering period for the
smooth coneflower -occurs during May. ;through-july. N species were
observed during additional field review: of the'.project are on July 17,
1998. The flowering period for Schweinitz'.s sunflower ccurs during
September through October. Surveys for.the srinftower wer i conducted on
September 11, 1998. No species were observed, therefore To impacts to
either of these species would be anticipated.

F. U4
NO
. NO
NO
NCDOT/PBE BRANCH Fax:[phone] Nov 27 '00 11:58 P.05

The U.S. Fish and Wildlife Service's species account dated September
1989 states that Michaux's sumac has been extirpated from Mecklenburg
County. No impacts to this species would be anticipated.
14. Does the action require the placement'of flit in waters o? the United
States? YES
i
The proposed activity will
require "the placement of fill into waters of the
United States. Approximately 1,350 linearfeet of an unnamed tributary to "
Mallard Creek is located within the portion'of the project 4rea to the north
of Harris Boulevard. Although ::design modifications to the proposed
alignment have been employed to minimized impact= tributary,
approximately 515 linear feet of . the tributary is located within the
construction limits of the proposed project. Portions of the stream in this
area have been previously disturbed. and rip-rapped during the construction
of the sanitary sewer easement. Based upon review of the preliminary
roadway design plans, it appears that an additional 365 feet of the stream
will be relocated outside of the construction limits and 150 feet will be
placed in?culytrts_
A small'forested wetland (0.03 acre) is located within the project area just
north of Harris Boulevard. Another emergent wetland ; (0.12 acre) is
Iocated within the existing sanitary sewer easement also located north of
Harris Boulevard. The extent of these wetlands was delineated and verified
by a representative from the Corps of Engineers on July 17, 1998. Based
on review of the preliminary design, both wetlands, totaling; 0.15 acre, will
be impacted by the road.
15. Does the project require the placement of a significant amount of fill in
high quality or relatively rare wetland ecosystems, such as mountain
bags or pine savannahs? NO
Based on fell reconnaissance of the project area on April and July 17,
1998, no mountain bog or pine savannah wetland systems are located
within the project area. f
16. Does the project require stream relocation or;channel chadges? YES
Based on review of the relimin
p ary.roadway design plans, it appears that
approximately 365 feet of the unnamed' tributary: to Mallard Creek may
require relocation. The amount' of relocation required will be dependent
upon the final fill slopes of the road_;. During 4liield review 'of the project
area, a iepres mt-a! ve from the Corps o: f Engineers stated that the Corps
would prefer that the stream be relocated to its original length rather than
placed in a pipe.
NI.UU I / fist bKHNl.h1 t dX y 1 y- (JJ-y (y4 NO V 2( ' UU 11:59 P. 06
17. Is the proposed action located in an Area of EnW6nmental Concern,
as defined in the Coastal Area Management Act?
NO
Mecklenburg County is not within the jurisdiEtion of the Coastal Area
Management Act. Therefore, the proposed action is not located in an Area
of Environmental Concern.
I
Cultural Resources
18, Will the project have an "effect" on a property or site
National Register of Historic places? . . listed on the
According to a review of records of the North Carolina State Historical
Preservation Office on April 7, 1998, no properties listed oiq or eligible for
listing on the National Register of Historic Places are loca:;.r in the project
area. This proposed action will have no effect on a property listed on the
National Register of Historic Places.
NO
19, Will the-proposed action require acquisition of additional right of way
from publicly owned parkland or recreational areas? -
t NO
•No public park or recreati n area will be impacted by the prdject.
Reviewed by: -
Date: g ?2S1
If any of questions 2 through 12 are answered "yes", the proposed I project does not
fy as
Non-Major Action. State environmental impact statement q? a
(EIS) ornvironmental assessment
(EA) will be required. For assistance, contact: '
Mr. William Gilmore, P.E.
Manager, Planning and Environmental Branch
P.O. Box 25201-
Raleigh, NC 27611
[phone]
Fax: (9I9)733-9794
Questions in Part C are designed to assist the En
gineer in determiniII9 whether a permit or
consultation with a state or federal resource agency may be required, If any question in part C
is answered "Yes", refer to the Environmental Guidance 'section of this document and contact
the appropriate individual for assistance.
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY DIVISION OF HIGHWAYS
GovERNOR March 16, 2001
U. S. Army Corps of Engineers "401 ISSUEV
Attention: Mr. Steve Lund, MS, PWS
151 Patton Avenue, Room 208
Asheville, North Carolina, 28801-5006

W. LYNDO TIPPETT
SECRETARY
0'®414
Subject: Realignment of West Sugar Creek Road (SR 2480) From Existing West Sugar Creek
Road (0.22 Miles South of W. T. Harris Boulevard) to West Sugar Creek Road (0.22
Miles North of David Cox Road, SR 2485), Mecklenburg County, TIP No. U-3342,
Project No. 9.8100392.
Dear Mr. Lund:
The North Carolina Department of Transportation (NCDOT) proposes to realign an existing two-
lane section of West Sugar Creek Road (SR 2480) in Mecklenburg County. The improvements
include road realignment of SR 2480, placement of guardrail, and an increase in pavement width
to a thirty-six (36) foot pavement section (increased width includes middle turn lane) with ten
(10) foot usable shoulders.
NEPA Documentation
A State Minimum Criteria Checklist was completed for this project and submitted to NCDOT by
Mr. Larry Meisner, of Kimley-Horn and Associates, in September of 1998 (a copy of which is
enclosed). Based upon the information provided in the State Minimum Criteria Checklist, this
project does not require an environmental document pursuant to the North Carolina
Environmental Policy Act. Larry Thompson, Division Environmental Officer, and Michael Wood,
Project Development and Environmental Analysis, conducted a field review of the project site on
November 9, 2000. Mr. Thompson also conducted a field review of the project site with Mr. Pete
Colwell, North Carolina Division of Water Quality (NCDWQ), on December 1, 2000 and Mr.
Lawrence Dorsey, North Carolina Wildlife Resources Commission (NCWRC), on January 16,
2001.
Impacts to Waters of the United States
Wetland Facts
Wetlands were delineated using criteria outlined in the 1987 Corps of Engineers Wetland
Delineation Manual.
716 West Main Street, Albemarle, NC 28001 • [phone] 9 Fax [phone]
Eno:
There are two wetland areas located within the project area that total 0.15 acre in size. Upon
review of the final roadway design, it has been determined that both wetland areas will be
impacted by the realignment of SR 2480. Both sites are riparian wetlands that are located on an
unnamed tributary to Mallard Creek. There is a small forested wetland (0.03 acre), identified as
W1, that is located within the project area just north of W. T. Harris Boulevard. The second site
is an emergent wetland (0.12 acre), labeled as W2, and is located within the existing sanitary
sewer easement also located north of W. T. Harris Boulevard. The extent of these wetlands were
delineated and verified by a representative of the U. S. Army Corps of Engineers on July 17,
1998. The area of wetlands that will be filled by this project will total 0.12 acre in size.
Stream Impacts
The project lies within the Catawba River Basin (Hydrologic Unit # 03050101). The stream
delineation was performed using guidance provided by the North Carolina Division of Water
Quality (NCDWQ), "Field location of streams, ditches and ponding: Revision Number Six,
Working Draft, dated February 10, 1997." There is one intermittent stream channel, an unnamed
tributary (UT), to Mallard Creek, which will be impacted. The stream impacts will result from a
culvert installation as well as stream channel relocation. Table 1 includes information related to
existing stream length (ft), relocated channel (ft) and channel loss (ft).
Table 2. Imnacts to Streams from realignment of W. Sugar Creek Road (SR 2480)
Site Existing Relocated Channel Channel Loss
No. Stream Name Stream Length Length (feet) (feet)
feet
1 UT of Mallard Creek 508 364 144
Notes: "UT' refers to unnamed tributarn.
Compensatory Mitigation
The NCDOT has reviewed impacts to waters of the United States. The NCDOT proposes 364
feet of onsite stream relocation for 508 feet of stream impacts. The proposed relocation of the
intermittent channel will utilize natural stream channel design to offset the impacts caused by
construction of this project. A copy of the natural stream channel design has been enclosed.
Based upon the December 1, 2000 meeting with Mr. Colwell, NCDWQ, mitigation will not be
required by the NCDWQ.
The NCDOT proposes compensatory mitigation for the impacted wetlands at a ratio of 2:1 for a
total of 0.24 acres of mitigation. The North Carolina Wetland Restoration Program (NCWRP)
has expressed a willingness to accept this compensatory mitigation work. The acceptance letter
from the NCWRP has been attached.
Summary
The NCDOT anticipates that the aforementioned activities will be authorized under a Section 404
Nationwide Permit 14. There will be 0.12 acre of fill deposited in wetlands and 144 feet of stream
loss due to this activity. The NCDOT proposes to mitigate for the relocated portion of stream
channel on-site and has requested assistance from the NCWRP to provide compensatory
2
mitigation for the 0.12 acre of wetland loss. The NCDOT requests authorization from the
USACE to construct the proposed project as described. Application is also made for 401 Water
Quality Certification from the North Carolina Division of Water Quality. The NCDOT asks that
the NCWRC provide a letter of concurrence to the USACE.
Thank you for your assistance with this project. If you have any questions or need any additional
information concerning this project, please contact Mr. Larry Thompson, Division Environmental
Officer, at [phone].
Sincerely,
Benton G. Payne, P. E.
Division Engineer
BGP:LBT
Attachment
cc: Mr. David Franklin, USACE, Wilmington
Mr. John Dorney, NCDWQ, Raleigh
Ms. Marella Buncick, USFWS, Asheville
Ms. Maryellen Haggard, NCWRC, Elkin
State Historic Preservation Office
Mr. David Harris, Area Roadside Environmental Unit
Mr. Barry Moose, P. E.
Mr. Larry Thompson, R. S.
Mr. David Jarrett
DEM ID: CORPS ACTION ID:
t NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): NW-14
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 Department of Transportation
2. MAILING ADDRESS: 716 W. Main Street
SUBDIVISION NAME:
CITY: Albemarle STATE: NC ZIP CODE: 28001
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
West Sugar Creek Road (SR 2480) From Existing West Sugar Creek Road (0.22 Miles
South of W. T. Harris Boulevard) to West Sugar Creek Road (0.22 Miles North of David
Cox Road (SR 2485), Mecklenburg County
3. TELEPHONE NUMBER (HOME):
(WORK) : [phone]
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,
ADDRESS, PHONE NUMBER:
Larry Thompson, R.S.
Division Environmental Officer
716 W. Main Street
Albemarle, NC 28001
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS
TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE) : See Attached.
COUNTY: Mecklenburg NEAREST TOWN OR CITY: Charlotte
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.)
West Sugar Creek Road (SR 2480) From Existing West Sugar Creek Road (0.22 Miles
South of W. T. Harris Boulevard) to West Sugar Creek Road (0.22 Miles North of David
Cox Road (SR 2485)
! 6. IMPACTED OR NEAREST STREAM/RIVER::
RIVER BASIN:
Unamed tributary to Mallard Creek

7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW),
WATER SUPPLY(WS-I OR WS-II)? YES [ ] NO [X] IF YES, EXPLAIN:
7b. IF THE PROJECT IS LOCATED WITHIN A NORTH CAROLINA DIVISION OF
COASTAL MANAGEMENT ARE 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: N/A
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:
9A. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 10 acres
9B. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT
SITE: 0.12 acre
10A. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 0.12 acre EXCAVATION:
FLOODING: OTHER:
DRAINAGE: TOTAL ACRES TO BE IMPACTED: 0.12 acre
2
10B. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: 508 FT AFTER: 364 FT
WIDTH BEFORE (based on normal high water contours) : Variable FT
WIDTH AFTER: 3 FT
AVERAGE DEPTH BEFORE: Variable FT AFTER: 2 FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: X PLACEMENT OF PIPE IN CHANNEL: X
CHANNEL ELEVATION: 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? N/A
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 81-1" x 11" DRAWINGS
ONLY) : Project description can be found in the accompanying cover letter.
Typical medium to heavy duty construction equipment will be utilized.
13. PURPOSE OF PROPOSED WORK: Public transportation.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS) : See State Minimum Criteria Checklist and accompanying cover letter.
15. 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: March 16, 2001
16. 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 [ ]
3
Y
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [X] NO [
IF ANSWER TO 16b 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, 1302 Marl Service Center,
RALEIGH, NORTH CAROLINA 27699-1302, TELEPHONE [phone].
17. 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 MUST 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. Attached
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? Urban/Commercial
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A
g. SIGNED AND DATED BY 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, AND
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION.
/
0 ER G 'S SIGN TURX(10
AGENT'S SIGNATURE ALID IF AUTHORIZATION LETTER THE OWNER IS PROVIDED (18G.))
DATE
4
NCDOT/PBE BRANCH Fax:[phone]
w ATF9gG
OF
O?
h
Mar 13 '01 11:41 P. 02
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of'Envlronment and Natural Resources
a Kerr T. Stevens, Director
Division of Water Quality
March 9, 2001
Mr. Phil Hams
NC Dept of Transportation
P D and E A Branch
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Mr. Harris:
Subject: Project Name: Sugar Creek Road
TIP U-3342
County: Mecklenburg
The purpose of this letter is to notify you that the North Carolina Wetlands
Restoration Program (NCWRP) will accept payment for wetland impacts associated with
the subject project in accordance with the Memorandurn of Understanding between the
North Carolina Department of Environment and Natural Resources and the U.S. Army
Corps of Engineers dated November 4, 1998. Based:on information supplied by you in a
letter dated January .3 1, 2001, an application requesting authorization to impact .14 acres of
wetlands has been submitted for the-subject-project. The NCWRP will provide mitigation
as specified in the 401 Water Quality Certification and/or Section 404 permit (up to .28
acres of wetlands restoration) for impacts associated with the subject project in Cataloging
Unit 03050103 of the Catawba River basin.
If you have any questions or need= additional information, please contact Crystal
Braswell at [phone].
Sincerely,
Ronald E. Ferrell,
Program Manager
REF/cvb
cc: Rob Ridings, NCDOT
Steve Lund, USACOE
file
5 Now
Z`i5€r?f
customer Service
Division of WaterQuallty 1619 Mail Service Center Raleigh, NC 27699-1619
Wetlands Restoration Program [phone] Fax: [phone]
NCDUT/P-t bkHNLH

Post-Ir Fax Note
DEPAn.1 ivI-zIN 1 Ur i t(A ?YUK 11
JAMES B. HUNT JR. P.O. BOX 25204 RAL EIGI€, N:C. 2611-5201 i
GOVERNOR
September. 229, 1098
F. U1
TION
E. NORMS-TOLSON
SECRETARY
1.
Mr. Larry Meisner, P.E., AICP
Kimley-Horn and Associates '
Post Office Box 33068 I
Raleigh, North Carolina 27636-3068 j
Dear Larry:. .?Co
•
My staff has reviewed the Minimum Criteria Determination Checklist you provided for
the improvements to West Sugar Creek Road in Mecklenburg ounty (TIP number U-
3342). From the information you provided it appears the proje, t impacts fall below the
threshold established for state minimum criteria for NCDOT p'o.ects. Therefore, this
project does not require an environmental document pursuant tb the North Carolina
Environmental Policy Act.
You have indicated that no environmentally sensitive features Mere discovered by your
environmental review of the project area. Unless a change in the project scope occurs,
this project requires no additional environmental review.
Sincerely,
Richard B. Davis, P.E., Assistant. Manager
' Planning and Environmental Branch
cc: Mr. Whit Webb, P.E., Program Development Branch
Mr. Benton Payne, P.E., Division. 10
Mr. Len Hill, P.E., Highway Design Branch
Ms. Sandy Nance, Administrator's Office
Mr. Gerald Barbour, Design Services
Fax: 919-(S?-y(J4 Nov :? ( 'UU 11:bb
NCDOT/P&E ERRNCH F-ax:919-r.5s-9(94 NOV 1( .UU 11:5( F.U1
MWMUM CRITERIA DETERMINATION CHECKLIST
The following questions provide direction in determining 11 Ira proposed project has only a
minimum potential for environmental effects. Answer the follo%? ing questions by checking
either yes or no. Refer to the attached guidance for assistance.
TIP Project No. U-3342 _
State Project No. 9'.8100392
Project Location: Mecklenburg County. ,
Project Description: Realignment of approximately 3,000 feet Of West Sugar Creek Road in
developed area with mixed land uses. i
Anticipated Permits or Consultation Requirements: Coordination with Corps of Engineers
and submittal of permit applications for wetlands and stream relocation.
Special Project Information: None '
PART A• MINIMUM CRITERIA
1.
2.
3.
4.
Is the proposed project listed as a type which would quailify as a
"Non-Major Action tinder the Minimum Criteria?
PART I MINIMUNI CRITERIA EXCEPTIONS
Is the proposed action likely to precipitate significant, foreseeable
alterations in land use, planned girowth, or development-patterns?
The project is located in an area of mixed land uses. The realigned
roadway will better serve existing and planned commercial and residential
development.
Does the proposed action divide or disrupt an establishe community?
No established community will be affected by the project. the realigned
roadway will improve access between subdivisions and community
facilities located in the project area.
Does the proposed action bypass an existing community
The realigned West Sugar Creed Road will be located wi 700 feet west
of the existing roadway, and will not affect an existing co, unity.
YES NO
YES
NO
NO
NO

NCDOT/P&E BRANCH Fax : [phone] Nov 27 '00 1157
i
i
5. Does the proposed action provide new access to areas containing
significant amounts of exploitable-natural resources?
i
As previously described, the project is located in developed area of mixed
land uses, primarily commercial and residential. No exploitable natural
resources are located in this area.
6. Is. the proposed-action likely.to have a significant detrimental impact s
on air quality?
While no significant detrimental impacts onair quality are.likely, the
project may have a slight positive impact through reduced congestion.
7. Is the proposed action likely to have a significant detrimental impact
on ambient noise levels for adjoining areas?
No significant noise impacts are likely due to the existing land uses and
existing traffic on W.T. Harris Boulevard, West Sugar Creek Road, and
David CQx.Road. The rcalignment will shift traffic f n-theriwest from one
sensitive receptor, the University City United Methodist Church.
8. Is the proposed action likely to have a significant impact on travel
.•patterns.or traffic volumes? i
No significant impacts to travel patterns or volumes wL c The
realignment will improve access and alleviate traffic congestion in the area.
Portions of the existing roadway will remain to serve the current land uses.
The realignment includes a better and safer geometric design of the
intersection with W.T. Harris Boulevard- • - I
9. Is the proposed action likely to significantly affect water quality?
The only stream in the project area is an unnamed tributary to Mallard
Creek. The stream's quality has already been affected by previous
construction activities including rip* rap'
and a sanitary sewt easement.
NCDOT's sediment and erosion control procedures will be f mplemented to
protect the stream.
10. Does the proposed action require.the relocation of
of people?
numbers
P. 03
NO
NO
NO
NO
NO
NO
No relocations of residences or businesses will be required.
NCDOT/PBE BRANCH Fax:[phone] Nov 1( 'uu 11:5)6 r.u4
11. Is the project likely to be controversial? : NO
Due to the lack of relocations and the improved local access, the project is
not likely to be controversial. i
12. Will the proposed action require the.nse of land owned.by the U. S.
Forest Service or the National Park Service? NO
No involvement of Forest Service or National Park Servi:r'_=^.ds will be
required. This determination is based on field reconnaiss ce and review
of National Geographic mapping of federal lands and USES mapping
(Derita, North Carolina quadrangle and national map of Indian lands).
PART C: COMPLIANCE WITH STATE AND FEDERAL
REGULATIONS , .
Ecological Impacts
13. Is a federally protected, threatened or endangered species, or its
habitat, l cel?Lto be impacted by the proposed action? NO
t
According to the North Carolina Natural Heritage Program 's list of
federally protected species dated January 1998, the follong species are
•icaown to occur in Mecklenburg County: .
Carolina heelsplitter (I asmigona decorata) - Endange?ed
Schweinitz's sunflower (Helianthus schweinith-ii) - Endangered
Smooth coneflower (Echinacea laevigata) - Endangered
Michaux's sumac (Anus michauxii) - Endangered i
Suitable habitat for the Carolina heelspliner does not e ' in the project
area, as portions of the stream involved have been: previously disturbed and
rip-rapped during the construction of a sanitary sewer line. I addition, the
stream in the project area appears to be intermittent I
Habitat for the Schweinites sunflower and the :smooth coneflower does
exist within the project area along the rights-of-way for the existing roads
and utility easements. No individuals -of either :species were observed
during field reconnaissance on April 7, :1998. :The flowering period for the
smooth coneflower occurs during May :through July. N species were
observed during additional field review of the'.project are on July 17,
1998. The flowering period for Schweinitz'.s sunflower ccurs during
September through October. Surveys for.the sunflower wer conducted on
September 11, 1998. No species were observed, therefore o impacts to
either of these species would be anticipated.
NCDOT/PBE BRANCH Fax:[phone] Nov 27 '00 11:58
The U.S. Fish and Wildlife Service's species account dated September
1989 states that Michaux's sumac has been extirpated from Mecklenburg
County. No impacts to this species would be anticipated.
14. Does the action require the placement of falt in waters of the United
States?
The proposed activity will require •the placement of fill iDto waters of the
United States. Approximately 1,350 linearFeet of an unnamed tributary to
Mallard Creek is located within the portion•of the project ?rea to the north
of Harris Boulevard. Although design modifications to the proposed
alignment have been employed to minimized impact. •_ .,.s tributary,
approximately 515 linear feet of . the tributary is located within the
construction limits of the proposed project. Portions of the stream in this
area have been previously disturbed, and rip-rapped during the construction
of the sanitary sewer easement. Based upon review of the preliminary
roadway design plans, it appears that an additional 365 feet of the stream
will be relocated outside of the construction limits and 150 feet will be
placed in-culverts.
A small'forested wetland (0.03 acre) is located within the project area just
north of Harris Boulevard. Another emergent wetland ; (0.12 acre) is
*located within the existing sanitary sewer easement also located north of
Harris Boulevard. The extent of these wetlands was delineated and verified
by a representative from the Corps of Engineers on July 17, 1998. Based
on review of the preliminary design, both wedazids, totaling' 0.15 acre, will
be impacted by the road. f
f
15. Does the project require the placement of a significant amount of fill in
high quality or relatively rare wetland ecosystems, such as mountain
bogs or pine savannahs?
Based on field reconnaissance of the project area. on April and July 17,
P. OS
YES
NO
1998, no mountain bog or pine savannah wetland systems are located
within the project area. f
16. Does the project require stream relocation or channel changes? YES
Based on review of the preliminary.ioad*ay design plans, it appears that
approximately 365 feet of the unnamed tributary : to Mallard Creek may
require relocation. The amount of relocation required will be dependent
upon the final fill slopes of the road ;•.During.a•field review*of the project
area, a repres mn-_! ve from the Corps of Engineers stated that the Corps
would prefer that the stream be relocated to its original length rather than
placed in a pipe.
NL.UU i rest bKHNLH r aX : J 1 J- rJJ-? ryu NO V 2( ' UU 11:59 P.06
17. Is the proposed action located in an Area of EaviKumental Concern,
as defined in the Coastal Area Management Act?
NO
Mecklenburg County is not within the jurisdiction of the Coastal Area
Of M Environmental t. Theref Concernore, the proposed action is not located in an Area
.
Cultural Resources
18. Will the project have an "effect" on a property or site
National Registcr of Historic Places?. ' . 1i§ted on the
NO
According to a review of records of the North Carolina State Historical
Preservation Office on April 7, 1998, no properties listed orb or eligible for
listing on the National Register of Historic Places are loca.; " in the project
area. This proposed action will have no effect on a property listed on the
National Register of Historic Places.
19. Will the-proposed action require acquisition of additional right of way
from publicly owned parkland or recreational areas?
NO
No public park or recreati n area will be impacted by the project.
Reviewed by: -
Date: 9 1251 q
If any of questions 2 through 12 are answered "yes", the proposed !r0 ect does not
Non-Major Action. State environmental impact statement qualify a
(EA) will be required. For assistance, S) ornvironmental assessment
contact:
Mr. William Gilmore, P.,E.
Manager, Planning and Environmenml Branch
P.O. Box 25201-
Raleigh, NC 27611
[phone]
Fax: [phone]
Questions in Part C are designed to assist the Enjin
eer consultation with a state or federal resource agency ma k deter?ng whether a permit or
y be required, If any question in Part C
is answered "yes", refer to the Environmental Guidance section of this document and contact
the appropriate individual for assistance.
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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael Easley, Governor
William Ross, Secretary
Kerr T. Stevens, Director
NCDOT Division 10
716 West Main Street
Albemarle, NC 28001
RECEIPT (as requested):
/ •
AOMI%
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
March 21, 2001
DWQ #010414
This confirms that the NC Division of Water Quality has received an application
processing fee of $475 (check #10126) from NCDOT Division 10 for the SR 2480 project
(U-3342), DWQ #010414 on March 21, 2001.
Fr,,Ppy
Robert Ridings,
Environmental Technician V
Division of Water Quality
Wetlands/401 Unit 2321 Crabtree Blvd. Suite 250 Raleigh, North Carolina 27604
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
W A TFRQG
4 <
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens, Director
Division of Water Quality
March 9, 2Q0 '?
Mr. Phil Harris
Mot 14 a
NC Dept of Transportation
P D and E A Branch ''?'
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Mr. Harris:
Subject: Project Name: Sugar Creek Road
TIP #: U-3342
County: Mecklenburg
The purpose of this letter is to notify you that the North Carolina Wetlands
Restoration Program (NCWRP) will accept payment for wetland impacts associated with
the subject project in accordance with the Memorandum of Understanding between the
North Carolina Department of Environment and Natural Resources and the U.S. Army
Corps of Engineers dated November 4, 1998. Based on information supplied by you in a
letter dated January 31, 2001, an application requesting authorization to impact .14 acres of
wetlands has been submitted *for the subject project. The NCWRP will provide mitigation
as specified in the 401 Water Quality Certification and/or Section 404 permit (up to .28
acres of wetlands restoration) for impacts associated with the subject project in Cataloging
Unit 03050103 of the Catawba River basin.
If you have any questions or need additional information, please contact Crystal
Braswell at [phone].
Sincerely,
Ronald E. Ferrell,
Program Manager
REF/cvb
cc:
NCDENR
Customer Service
Rob Ridings, NCDOT
Steve Lund, USACOE
file
Division of Water Quality 1619 Mail Service Center Raleigh, NC 27699-1619
Wetlands Restoration Program [phone] Fax: [phone]
1 800 623-7748
mitigation request-DOT
Subject: mitigation request-DOT
Date: Mon, 26 Feb 200108:33:22 -0500
From: Jeff Jurek <[e-mail]>
Organization: NC Wetlands Restoration Program-DENR
To: Peter Colwell <[e-mail]>, Rob Ridings <[e-mail]>,
John Hennessy <[e-mail]>
The purpose of this email is to notify you of the North Carolina
Wetlands
Restoration Program's (NCWRP) intention to accept payment into the
Wetland
Restoration Fund for compensatory mitigation for stream/wetland impacts
for
the following project:
Project name: U-3342 Realignment of W Sugar Creek Rd
River Basin: Catawba
8digit catalog unit: 03050103
County: Mecklenburg
DWQ Project # (if known):
COE Project # (if known):
CAMA Project # (if known):
Wetland impact: 0.14 ac riverine WL
Stream impact:
Wetland mitigation: up to 0.28 ac
Stream mitigation:
If for any reason you feel that the NCWRP should not accept payment for
the
above project, please notify me (Jeff Jurek) by email or phone 919
733-5316
within 5 working days upon receipt of this message. If no response is
received within 5 working days, NCWRP assumes you concur with this
payment.
Jeff Jurek <[e-mail]>
1 of 1 3/2/012:47 PN.