20011150 Ver 1_Complete File_20010730

?F W ATF Michael F. Easley, Governor
9Q William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
j r Gregory J. Thorpe, Ph.D.
O Acting Director
Division of Water Quality
September 5, 2001
Mecklenburg County
DWQ Project No. 011150
Widening of Mallard Creek Church Road
F.A. Project STP-OOOS(72), State Project 8.2792601
TIP Project No. U-2508C
APPROVAL of §401 Water Quality Certification with ADDITIONAL CONDITIONS
Mr. William D. Gilmore, P.E., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, NC 27699-1548
Dear Mr. Gilmore:
You have our approval, in accordance with the attached conditions and those listed below, to
permanently impact 0.03 acres of surface waters, 314 linear feet of existing channel, and 40: linear
feet of relocated channel of Mallard Creek and its unnamed tributary in order to construct the
widening of Mallard Creek Church Road from SR" 2681 to NC 49 in Mecklenburg County. The
project shall be constructed in accordance with your application dated 11 July 2001 (received 30 July
2001). After reviewing your application, we have decided that this fill is covered by General Water
Quality Certification Nos. 3288 and 3289 corresponding to the U.S. Army Corps of Engineers
Nationwide Permit Numbers 12 and 14. In addition, you should acquire any other federal, state or
local permits before you proceed with your project including (but not limited to) Sediment and
Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire
with the accompanying §404 permit unless otherwise specified in the Water Quality Certification.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us in writing, and you may be required
to send us 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 conditions. If total
wetland fills-for-this project (now or in the future) exceed-one acre; compensatory nutigation maybe
required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to be valid, you must
follow the conditions listed in the attached certification and any additional conditions listed below.
1. All work shall be performed during low flow conditions.
2. Temporary or permanent herbaceous vegetation shall be planted on all bare soil within IS days of
ground-disturbing activities to provide long term erosion control.
3. All culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered (i.e. the depth of the channel must not be reduced by a widening of the
streambed). Existing stream dimensions are to be maintained above and below locations of
culvert extensions. Culverts shall be installed one foot below the stream to allow for fish and
other wildlife movement.
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/
4. Existing vegetated buffers shall not be mowed in order to utilize it for storm water sheet flow.
5. Use of rip-rap for bank stabilization is to be minimized; rather, native vegetation is to be planted
when practical. If necessary, rip-rap must be limited to the stream bank below the high water
mark, and vegetation must be used for stabilization above high water.
6. Rock silt screens at culvert outlets shall be removed at project completion.
The 314 linear feet of stream impacts will be mitigated for at a ratio of 2:1 by debiting 628
linear feet from the Shepherd's Tree Mitigation Site in Hydrologic Unit (HU) 03040102 of
the Yadkin River Basin. We understand that this mitigation (in an adjacent HU) was
proposed because stream mitigation in HU 03040105 is currently unavailable, and that Mr.
Steve Lund of the USACE approved the use of the Shepherd's Tree site on 9 July 2001. In
accordance with 15A NCAC 2R.0500, this contribution will satisfy our compensatory
mitigation requirements under 15A NCAC 2H.0506(h).
Upon completion of the project, the NCDOT shall complete and return the enclosed
"Certificate of Completion" form to notify NCDWQ when all work included in the §401
Certification has been completed. The responsible party shall complete the attached form
and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon
completion of the project.
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.
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 Ms. Cynthia Van Der Wiele at 919-733-9646
or Mr. Pete Colwell of the Mooresville Regional Office at 704.663.1699.
yl
Attachment V U
Pc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
NCDWQ Mooresville Regional Office
Central Files
File Copy
Lorpe, Ph
ctor
TO: Steve Lund, USACOE
Asheville Field Office
FROM: Maryellen Haggard, Regional Coordinator
Habitat Conservation Program
DATE: August 28, 2001
SUBJECT: North Carolina Department of Transportation (NCDOT), Mallard Creek Church
Road, Mallard Creek and an unnamed tributary, Mecklenburg County, Federal
Aid No. STP-000S (72); State Project No. 8.2792601; TIP No. U-25QW
The North Carolina Department of Transportation (NCDOT) is requesting a concurrence letter
from the North Carolina Wildlife Resources Commission (NCWRC) to obtain a 404 permit from
the U.S. Army Corps of Engineers. Biologists on staff with the NCWRC have reviewed the
proposed improvements and are familiar with habitat values of the project area. These
comments are provided in accordance with the provisions of the Fish and Wildlife Coordination
Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d) and the Clean Water Act of 1977 (33 U.S.C.
466 et seq.).
NCDOT proposes to widen Mallard Creek Church Road from US 29 to NC 49 to a four-lane
highway. The project includes widening along the existing alignment as well as new alignment
construction from SR 2834 to NC 49. Water line placement and a concrete box culvert
installation will affect Mallard Creek and an unnamed tributary. Permanent stream impacts to
the unnamed tributary to Mallard Creek total 314 feet. NCDOT plans to mitigate for these
impacts by debiting from the Shephard's Tree Mitigation Site. We are concerned with the
mitigation plan since Shephard's Tree Mitigation Site has not been approved yet. We encourage
NCDOT to continue their mitigation search. Otherwise, we will not object to the project as
proposed provided that NCDOT uphold their environmental commitments and the following
conditions are implemented:
1. Disturbance of the stream channel must be limited to only what is necessary to
install the culvert. Heavy equipment should be operated from the bank rather
than in the stream channel in order to minimize sedimentation and reduce the
likelihood of introducing other pollutants into the stream.
S
TIP No. U-2508C 2 August 28, 2001
Mallard Creek Church Road
2. The installation of the culvert should insure that all waters flow without freefalling or
damming on either end during low flow conditions. The culvert should be buried
approximately l' into the streambed. Natural streambed materials should be utilized.
These materials can be salvaged during culvert installation and then placed back in
the culvert to mimic natural stream dimensions through the culvert to the extent
possible. The dimension, pattern, and profile of the stream above and below the
culvert should not be modified by widening the stream channel or reducing the depth
of the stream. Where disrupted, natural floodplain benching and aquatic life passage
should be restored.
3. Temporary or permanent herbaceous vegetation should be planted on all bare
soil within 15 days of ground disturbing activities to provide long-term erosion
control. We encourage NCDOT to utilize onsite vegetation and materials for
streambank stabilization, to minimize the use of riprap (or hard stabilization methods)
and to maximize the use of native vegetation for stabilization and shade.
4. Work must be accomplished so that wet concrete does not contact stream water.
5. Stormwater should be directed to buffer areas or retention basins and should not be
routed directly into streams.
6. We encourage NCDOT to follow NCWRC guidelines for on-site stream relocation:
*The new channel design specifications should be calculated from field
measurements of an unimpacted section of stream (reference reach).
*The channel design should include a floodplain terrace at stream bankfull.
*Substrate in the relocated channel should match that of the existing stream.
*Stream banks should be properly sloped and stabilized with vegetation and tree
species. Riprap lined banks, as indicated in permit drawings, are not acceptable.
*All work on the relocated channel should be completed and stabilized before the
water is diverted.
7. During the placement of the 2 water lines under Mallard Creek water from the
cofferdam needs to be pumped through a silt bag or into an upland stilling basin.
During project construction, we suggest Best Management Practice be used to minimize
sediment into the surrounding watershed. Natural Heritage records shows Carolina
Creekshell, Villosa vaughaniana, in Mallard Creek near Griffith Lakes.
Thank you for the opportunity to review and comment on this project during the early planning
stages. If you have any questions regarding these comments, please contact me at (336) 527-
1547.
cc: Cynthia Van Der Wiele, NCDWQ
Elizabeth Lusk, NCDOT
W p ??
401 ISSUED
FILE COPS
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY ` LYNDO TIPPETT
GOVERNOR SECRETARY
011160
July 11, 2001
U. S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208 1 J
Asheville, North Carolina 28801-5006
ATTN: Mr. Steve Lund
NCDOT Coordinator
Dear Sir:
Subject: Mecklenburg County, in the vicinity of northeastern Charlotte, proposed
widening of Mallard Creek Church Road; Federal Aid No. STP
OOOS(72); State Project No. 8.2792601; TIP No. U-25080.
r 1-1
Reference: 1) Environmental Assessment (EA), approved November 1994.
if?
2) Finding of No Significant Impact (FONSI), approved April 1995. -t
The North Carolina Department of Transportation (NCDOT) proposes to
continue the four-lane widening project of Mallard Creek Church' Road in the
northeastern Charlotte area in Mecklenburg County. The proposed project will improve
access and safety to the area. Mallard Creek and an unnamed tributary to Mallard Creek
are the only jurisdictional streams that will be impacted by the proposed project. Two
waterlines will be installed underneath Mallard Creek concurrent with road
construction. The entire U-2508 project involves widening Mallard Creek Church Road
from SR 2681 to NC 49. Construction of Sections A and B was completed in 1994 and
1998; respectively. Section C proposes to widen this. road to a multi-lane cross-section
from US 29 to NC 49 by constructing a four-lane highway with a 12-foot inside and 14-
foot outside travel lane in each direction (to accommodate bicycle traffic). Additional
cross-section information is contained within the EA and FONSI. The roadway will
utilize existing 'alignment to the extent possible from US 29 to SR 2834 (Mary
Alexander Road). From SR 2834, a new extension of Mallard Creek Road is proposed.
The extension is proposed on new location, `intersecting NC 49 at its existing
intersection with SR 2939 (Old Concord Road).
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX:, 919-733-9794 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
a
This ttir eves as an application for Department of the Army Section 404
Nationwide 12 and 14 Permits and a Section 401 Water Quality Certification. The
project has a let date of October. 2001.
Summary of Impacts: There will be a total of 314 feet? of existing channel
permanently impacted, 0.0) acres of surface water filled, and 40 feet ' of, relocated
-channel4 Temporary impacts will result from the installation of a waterline underneath
Mallard Creek. There are no wetlands in the project area.
SummM of Miti ag tion: The project has been designed to avoid and minimize
impacts to the stream to the greatest extent possible. A total of 628 feet, of• stream
restoration will be provided at the Shepherd's Tree Mitigation Site in eastern Iredell
County.
NEPA DOCUMENT STATUS
An Environmental Assessment (EA) and a Finding of No Significant Impact (FONSI)
were approved by the Federal Highway Administration (FHWA) on November 29, 1994
and April 25, 1995, respectively: The EA and the FONSI explains the purpose and need
for the project, provides a description of the original plans for the project and
characterizes the social, economic; and environmental effects of the project. After the
EA was approved, slight changes were made to the design. Final design specifications
are located in the FONSI. Copies of the EA and FONSI have been provided to the
regulatory review agencies involved in the approval process. Additional copies are
available upon request.
Environmental Commitments
NCDOT has made several environmental commitments for the proposed project
outlined in the FONSI. The commitments pertaining to environmental permits required
for Section C of this project are:
• Permits: Impacts to Waters of the U.S. will be in the form of surface water impacts
at stream crossings at Mallard Creek' and an unnamed tributary (UT) to Mallard
Creek. It is anticipated that 'these impacts will meet the criteria for Department of
the Army Section 404 Nationwide Permits 12 and 14. Also, a Section 401 Water
Quality Certification will be required from the N.C. Division of Water Quality.
• Schedule: The schedule currently calls for a October 16, 2001 let date with an
availability date of November 19, 2001. It is expected the contractor will choose to
start the construction at that time. All materials will be removed by the contractor
and disposed of off-site.
• Best Management Practices: NCDOT Best Management for the Protection of
Surface Water and sedimentation control guidelines will be adhered to during the
life of the project. The streamside embankment will be re-vegetated immediately
2
V
after construction. The primary objective of these guidelines shall be to protect the
water quality and aquatic life of the affected environment in the vicinity of the
project.
• As mitigation for wetland impacts from the Charlotte Outer Loop, two mitigation
sites exist adjacent to Mallard Creek and Mallard Creek Church Road. It is vitally
important that, during the design phase of this project, every effort be taken to avoid
impacting these sites.
• During development of the erosion control plan ;in the vicinity of the two wetland
mitigation sites, NCDOT will coordinate with the Asheville Regulatory Office of
the U.S. Army Corps of Engineers.
• In the vicinity of the two wetland mitigation sites, the NCDOT will make every
effort to. divert stormwater from the recommended curb and gutter facility into the
wetlands. This requirement should include stormwater, which falls on the proposed
highway from US 29 to approximately SR 2834. Stormwater should first run
through the wetlands before entering Mallard Creek. Where grades do not allow
diversion of water to the wetlands, efforts will be made to divert stormwater into
grass swales and ditches before reaching Mallard Creek:
RESOURCE STATUS
Construction' of the proposed project will necessitate impacts to Waters of the United
States. The existing bridge crossing Mallard Creek will be widened to accommodate the
road widening, involving no impacts to surface waters. However, surface waters of the
UT to Mallard Creek will be affected by the installation. of a 7-foot by 6-foot reinforced
concrete box culvert pipes in the new location section. A total of 314 feet of stream will
be impacted by the.proposed project. Simultaneous with bridge construction, two water
lines will be installed under Mallard Creek. The following items give site specifics for
each water resource.
1. Site 1 (Sheet 2.of 5) consists of constructing a 179-foot bridge over Mallard Creek.
The DWQ best usage classification of Mallard Creek (DWQ Index No. 13-17-5) is
Class C. Water flow in Mallard Creek at this site is generally from southwest to
northeast. Streambed substrate is primarily sand, although clay sediments have
resulted from heavy bank erosion. Exposed rock outcrops are present in scattered
locations along Mallard Creek.
2. Site 1 - Simultaneous with road construction, two water lines will be installed under
Mallard Creek, at this site. The proposed 12-inch ductile iron restrained joint pipe
will be 3 feet below the existing and proposed ground line and 2 feet below the
streambed south of the road. The 24-inch ductile iron restrained joint pipe will be
installed to the same specifications on'the north side of the road. Current plans for
installation involve utilizing a cofferdam` first on one half of the stream to trench and
3
v
install the pipe and then on the second half of the stream. All sediment and erosion
control measures will be strictly enforced. (Plan sheets are attached to the permit
drawings.)
3. Site 2 (Sheet 3 of 5) consists of installing a 7-foot by 6-foot reinforced concrete box
culvert (RCBC) in the UT to Mallard Creek. A total of 40 feet of channel will be
relocated and 314 feet of channel will be enclosed within the RCBC. At this site the
UT has .a similar sandy substrate to Mallard Creek.; Stream width is 12 to 15 feet
and water flow was slow.
Surface Channel Impacts (ft)
Water - -
Site Station Relocated Stream impacts
Filled Impacts (onsite requiring offsite
(ac) mitigation) mitigation
18+160 REV- 0.00 (bridge) 0.00 0.00
1 -L
59+00
2 -59+00 0.03 314 0.00 314
Totals 0.03 314 0.00 314
Endangered Species: Plants and animals with Federal classification of
Endangered (E) or Threatened (T) are protected under provisions of Section 7 and
Section 9 of the Endangered Species Act of 1973, as amended. As of February 26,
2001, the U.S. Fish and Wildlife Service (Service) lists five federally protected species
for Mecklenburg County: bald eagle: (Haliaeetus leucocephalus), Carolina heelsplitter
(LasmiAxa decorata), smooth coneflower (Echinacea laevigata), Schweinitz'
sunflower (Helianthus schweinitzii), and Michaux' sumac (Rhus michauxii). On January
5, 2001, NCDOT Protected Species Specialist Logan Williams issued Biological
Conclusions of No Effect for all five species.
MITIGATION OPTIONS
The Corps of Engineers had adopted, through the Council on Environmental
Quality (CEQ), a wetland mitigation policy that embraces the concept of "no net loss of
wetlands" and sequencing. The purpose of this policy is to restore and maintain the
chemical, biological, and physical integrity of the Waters of the United. States.
Mitigation of wetland and surface water impacts has been defined by the CEQ to
include: avoiding impacts, minimizing impacts, rectifying impacts, reducing impacts
over time and compensating for impacts (40 CFR 1508.20). Executive Order 11990
4
(Protection of Wetlands) and Department of Transportation Order 5660.1A
(Preservation of the Nation's Wetlands); emphasize protection of the functions and
values provided by wetlands. These directives require that new construction in
wetlands be avoided as much as possible and that all practicable measures are taken to
minimize or mitigate impacts to wetlands.
The NCDOT is committed to incorporating all reasonable and practicable design.
features to avoid and minimize wetland impacts, and to provide full compensatory
mitigation of all remaining wetland impacts. Avoidance measures were taken during
the planning and EA phases; minimization measures were incorporated as part of the
project design.
AVOIDANCE: In order to avoid impacts to Mallard Creek, a bridge will be
utilized at this crossing.
MINIMIZATION: Minimization includes the examination of appropriate and
practicable steps to reduce the adverse impacts. Minimization techniques were
implemented as follows:
1. Best Manaizement Practices: Strict enforcement of sedimentation and erosion
control Best Management Practices (BMP) for the protection of surface
waters and wetlands will be enforced.
2. Bridge Construction: No causeway will be needed for the construction of the
bridge therefore, no temporary fill in the waters of Mallard Creek will be
required.
3. Utility Relocation: Installation of waterlines will be simultaneous with
project construction to avoid repeat impacts:
COMPENSATIONS The 314 feet of stream impacts will be mitigated for at a ratio of
2:1 by debiting 628 feet from the Shephard's Tree Mitigation Site in Hydrologic Unit
(HU) 03040102 of the Yadkin River Basin. Mitigation is being proposed in this
adjacent HU because stream mitigation in HU 03040105 is currently unavailable
(approved by Mr. Steve Lund, COE, July 9, 2001). The NCDOT is currently
conducting a mitigation search for potential stream and wetland mitigation sites in HU
03040105.
REGULATORY APPROVALS
Application is hereby made for Department of Army Nationwide 12 and 14
Permits as required for the above-described activities. We are also hereby requesting a
401 Water Quality Certification from the Division of Water Quality. In compliance
with Section 143-215.3D(e) of the NCAA we have enclosed a check for $475.00 to act
as payment for processing the Section 401permit application. We are providing seven
5
copies of this application to the North Carolina Department of Environment and Natural
Resources; Division of Water Quality, for their review.
If you have any questions or need additional information please call Elizabeth L.
Lusk at [phone] extension 335.
Sincerely,
William D. Gilmore, P.E., Manager
Project Development & Environmental Analysis Branch
Enclosures
cc: Mr. David Franklin, Corps of Engineers, Wilmington. Field Office
Mr. Garland Pardue, USFWS, Raleigh
Mr. John Dorney, NCDENR, Division of Water Quality
Mr. David Cox, NC WRC
Mr. John Alford, P.E., Roadway Design Unit
Mr. Calvin Leggett, P.E. Program Development Branch
Ms. Deborah Barbour, P.E., Highway Design Branch
Mr. D. R. Henderson, P.E., Hydraulics Unit
Mr. Timothy V. Rountree, P.E., Structure Design Unit
Mr. Benton G. Payne, PE'., Division 10 Engineer
Mr. Larry B. Thompson, Division 10 Environmental Officer
File: U-2508C
6
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PROPERTY OWNERS
NAMES AND ADDRESSES
PARCEL NO. NAMES ADDRESSES
1 MECKLENBURG COUNTY 700 N.TRYON ST.
CHARLOTTE, NC 28202
2 FRED & TED DIENERT 13355 NOEL RD. 1815
DALLAS, TX 75240
3 L & M DEVELOPMENT CO. 201 SARDIS VIEW ROAD
C LARL,OTTE, NC 28211
4 STATE OF NORTH CAROLINA P. O. BOX 629
RALEIGH, NC 27602
N. C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
PROJECT: 8.2672601 (U-25080)
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