20081114 Ver 1_Other Agency Comments_20080725

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STATE OF NORTH CAROLINA

DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY DIVISION OF HIGHWAYS W. LYNDO TIPPETT
GOVERNOR SECRETARY
July 23, 2008

North Carolina Division of Water Quality
401 Wetlands Certification Unit
Attn: Mr. Brian Wrenn
2321 Crabtree Boulevard
Raleigh, NC 27604-2260

Subject: Revision to SR 1931 (Benny Mills Road) Pre-Construction Notification Form
Marshville, North Carolina (Union County)
WBS Element Number 10.C090030 (DWQ Minor Permit Fee $240.00).

Dear Mr. Wrenn:

In a Pre-Construction Notification form (PCN) dated July 15, 2008, the North Carolina
Department of Transportation (NCDOT) proposed to upgrade SR 1931 (Benny Mills Road) in
Union County from an unpaved roadway to a paved roadway (total project length is 0.42 of a
mile).

The purpose of this letter is to advise you that the NCDOT has revised the proposed stream
impacts. The proposed stream impacts have been reduced from 38 linear feet to 32 linear feet.
The corrected PCN is attached.

If you have any questions or need any additional information concerning this project, please feel
free to contact Mr. Larry Thompson, Division Environmental Supervisor, at [phone].

Sincerely,

Barry S. Moose, PE
Division Engineer

BSM/LBT

cc: Polly Lespinasse, NDWQ
David Gillette, CME
Garland Haywood, BME
Area Field Operations Unit
716 West Main Street, Albemarle, NC 28001 • [phone] • Fax [phone]

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY DIVISION OF HIGHWAYS W. LYNDO TIPPETT
GOVERNOR SECRETARY

July 15, 2008

North Carolina Division of Water Quality
401 Wetlands Certification Unit
Attn: Mr. Brian Wrenn
2321 Crabtree Boulevard
Raleigh, NC 27604-2260

Subject: Secondary Road Improvements to SR 1931 (Benny Mills Road), Union County.
WBS Element Number 10.C090030 (DWQ Minor Permit Fee $240.00).

Dear Mr. Wrenn:

The North Carolina Department of Transportation (NCDOT) proposes to upgrade SR 1931
(Benny Mills Road) in Union County from an unpaved roadway to a paved roadway. The total
project length is 0.42 of a mile.

Transportation and highway laws of North Carolina (G. S. 136-44.6, 136-44.7, 136-44.7A, 136-
44.8 and 136-44.9) require the NCDOT to develop annual work programs for construction and
maintenance of secondary roads. These general statutes specifically set forth requirements for
annual construction and paving of existing unpaved roads. Paving of these roads is performed in
priority order as established by the NCDOT for- each unpaved road within a given county. This
number is based on characteristics of each road, including number of homes, schools, churches,
businesses, industries, recreational facilities, traffic counts, presence of school bus routes, and
value as a thoroughfare. Benny Mills Road is scheduled for paving in the 2008-2009 Secondary
Roads Construction Program.

Protected Species

The subject project has been reviewed for the presence of federally listed threatened and
endangered species. NCDOT biologists believe that the construction of this project will have "No
Affect" on any federally listed species.

Impacts to Waters of the United States

This project cannot be completed without impacts to waters of the United States. This project is
located within the Yadkin River Basin (Hydrologic Unit # 03040105) and would impact an

716 West Main Street, Albemarle, NC 28001 • [phone] • Fax [phone]

unnamed tributary to Lanes Creek. There will be approximately 32 linear feet of permanent
impacts to the existing intermittent stream channel as a result of the proposed construction.

Avoidance/Minimization

The proposed impacts to the jurisdictional areas on this project have been minimized as much as
practical. NCDOT's best management practices for the protection of wetlands and surface waters
will be applied during all phases of project construction in an effort to eliminate any further
impacts.

Summary

The purpose of this letter is to request authorization to construct the proposed project under a
Section 401 Water Quality Certificate (WQC) No. GC3704.

If you have any questions or need any additional information concerning this project, please feel
free to contact Mr. Larry Thompson, Division Environmental Supervisor, at [phone].

Sincerely,

~&73-AL-A'
Barry S. Moose, PE
Division Engineer

BSM/LBT

cc: John Dorney, NCDWQ
Polly Lespinasse, NDWQ
David Gillette, CME
Garland Haywood, BME
Area Field Operations Unit
File

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SR 1931 (Benny Mills Road)
Union County

Office Use Only; Form Version March 05

USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)

1. Processing

1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
Z 401 Water Quality Certification ? Express 401 Water Quality Certification

2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 14

3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?

5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?

H. Applicant Information
1. Owner/Applicant Information
Name: Barry Moose P E
Company Affiliation: Division Engineer
Mailing Address: N. C. Dement of Transportation
716 West Main Street
Albemarle NC 28001

Telephone Number: [phone] Fax Number: [phone]
E-mail Address:. [e-mail]

2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Berry Moose P E _
Company Affiliation: Division Engineer
Mailing Address: N C Department of Transportation
716 West Main Street
Albemarle NC 28001

Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]. nc us

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SR 1931 (Benny Mills Road)
Union County

III, Project Information

Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.

1.Name of project:__ . SR. 1931(B = Mills Road) Union Coum

2.T.I.P. Project Number or State Project Number (NCDOT Only): 10C.090030

3.Property Identification Number (Tax PIN):

4.Location
County: Union Nearest Town: Marshville
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): From the intersection of
HWY 74 and SR 1005 (Lansford Road) in the town of Marshville travel south on (Lansford
Road) for 3.1 miles to SR 1929 Whiladel hia Church Road. Turning right onto hiladel hia
Church Road) and traveling 3.6 miles to SR 1003 ite Store Road), once on (White Store
Road) travel 1.5 miles to SR 1931 Benny Mills Road

Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 34.885042/80.3887

5.Property size (acres):

6.Name of nearest receiving body of water: Lanes Creek

7.River Basin: Yadkin (Hydrologic Unit 03040105)
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o,enr.state.nc.us/admin/maps/.)

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SR 1931 (Benny Mills Road)
Union County

8.Describe the existing conditions on the site and general land use in the vicinity of the project at
the time of this application: SR 1931 envy Mills Road ) is an unpaved secondary road in
Union County,,The southern end of the road has single family homes along the road-way with
the northern end still being used for agricultural practices

9.Describe the overall project in detail, including the type of equipment to be used: Benny Mills
Road will be graded, the drainage improved and the road paved It has one jurisdictional
crossing that will be replaced, STA 11+06. The work area will be cleared, as needed,
followed by the implementation of the erosion control plan. To provide a quality job the
following equipment will be used: Track hoe,.,_Vibrator Roller, Dun truck, Boom truck, and
various hand tools.

10. Explain the purpose of the proposed work: To improve the public's safety and serviceability of
the road.

IV. Prior Project History

If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.N/A

V. Future Project Plans

Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
N/A

VL Proposed Impacts to Waters of the United States/Waters of the State

It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for

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SR 1931 (Benny Mills Road)
Union County
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.

1. Provide a written description of the proposed impacts: There will be 32'of permanent
impacts to an unnamed tributary to Lanes Creek due to the construction of this project._

2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For
dams, separately list imp acts due to both structure and flooding

Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
(yes/no) (linear feet)

Total Wotland Impact (acres)

3. List the total acreage (estimated) of all existing wetlands on the property:

4. Individually list all intermittent and perennial stream impacts. Be sure to identify
temporary impacts. Stream impacts include, but are not limited to placement of fill or
culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement
walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream
relocation is proposed, plans and profiles showing the linear footprint for both the
original and relocated streams must be included. To calculate acreage, multiply length X
width, then divide by 43,560.
Stream Impact Perennial or Average Impact Area of
Number Stream Name Type of Impact Stream Width Length impact
(indicate on ma) Intermittent? Before Impact (linear feet) (acres)
Replacing
STA 11+06 UT to Lanes Creek (28'x52") CMP perennial 32' .002
with a (60'x 3'
95"x67'CMPA)
Total Stream .002

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SR 1931 (Benny Mills Road)
Union County

5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds,
Atlantic Ocean and any other water of the U. S.). Open water impacts include, but are not
limited to fill, excavation, dredging, flooding, draina e, bulkheads, etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc.) (acres)

Total Open Water Impact (acres)

6. List the cumulative impact to all Waters of the U.S. resulting om the project:
Stream Im act acres : .002
Wetland Impact (acres): N/A
Open Water Impact acres : N/A
Total Impact to Waters of the U. S. (acres) N/A
Total Stream Impact linear feet): 32'

7. Isolated Waters
Do any isolated waters exist on the property? ? Yes No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.

8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:

VII. Impact Justification (Avoidance and Minimization)

Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. The surface waters not affected

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SR 1931 (Benny Mills Road)
Union County
by the construction of this project will be protected from unnecessarx encroachment. The
staging of construction equipment will not be allowed near the jurisdictional stream crossing`
Strict enforcement of the sediment and BMP's for the protection of wetlands and surface waters
will be enforced during all phases of project construction

VIII. Mitigation

DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size. of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.

If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html

1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Any requests received for mitigation will be routed through the NC Ecosystem Enhancement
Program.

2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP

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SR 1931 (Benny Mills Road)
union county
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:

Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):

• Environmental Documentation (required by DWQ)

1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ?

2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No N

3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No

IX. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)

It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.

1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Panilico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify V Yes ? No N

2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
* Impact Required
Zone (square feet) Multiplier Mitigation
1 3 (2 for Catawba)
2 1.5

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SR 1931 (Benny Mills Road)
Union County
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.

3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B.0242 or.0244, or.0260. N/A

X. Stormwater (required by DWQ)

Describe impervious acreage, (existing and proposed) versus total acreage on the site. Discuss stormwater
controls proposed in order to protect surface waters and wetlands downstream from the property. If
percent impervious surface exceeds 201/o, please provide calculations demonstrating total proposed
imperviouslevel. All =rooriate best management practices for sediment and erosion control will be
implemented during work activities. There will not be an increase in the impervious area as a result of
this project being constructed.

XI. Sewage Disposal (required by DWQ)

Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
N/A

e Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No

Is this an after-the-fact permit application? Yes ? No

XH. Cumulative Impacts (required by DWQ)

Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:

XHL Other Circumstances (Optional):

It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may

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SR 1931 (Benny Mills Road)
Union County
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).

July 21, 2008

Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

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