HomeMy WebLinkAbout19941115 Ver 1_Complete File_19921102r . ,.
N. C. DEPART31ENT OF TRANSPORTATION
TRANSMITTAL SLIP DATE
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ITO: REF. N OVj ROO M, Ol /G.
1?0ii r1 ?1'?'80II 1.
(FROM, / REF. NO. OR ROOM. DLDG
/ ACTION
NOTE AND FILE ? PER OUR CONVERSATION
? NOTE AND RETURN TO ME ? PER YOUR REQUEST
? RETURN WITH MORE DETAILS ? FOR YOUR APPROVAL
? NOTE AND SEE ME ABOUT THIS ? FOR YOUR INFORMATION
? PLEASE ANSWER ? FOR YOUR COMMENTS
? PREPARE REPLY FOR MY SIGNATURE ? SIGNATURE
? TAKE APPROPRIATE ACTION ? INVESTIGATE AND REPORT
COMMENTS:
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STATE OF NORTH CAROLINA L._
DEPARTMENT OF TkANSPORTATION
JAMES B. HUNT, JR. DIVISION OF HIGHWAYS
GOVERNOR P.O. BOX 25201. RALEIGH, N.C. 27611-5201
November 1, 1993
Department of the Army
Wilmington District. Corps of Engineers
P.O. Box 1890
Wilmington, North Carolina. 25402
Attention: Mr. G. Wayne Wright
Dear Sir:
NOV - 2 i93
l'rAT?F J;v
R. SAMUEL HUNT III
SECRETARY
SUBJECT: Mecklenburg County - Charlotte Outer Loop from
Interchange with NC 31 to Interchange with Rea
Road: T.I.P. Nos. R-0211DA, DD, and DB; State
Project No. 3.1670102; DOA Action ID. 199200013
Plans and contracts for the mitigation site at Mallard
Creek Church Road are to be completed this month. Due to the
time necessary for the contractor to initiate construction
after the contract is negotiated. we do not expect to be able
to meet the November 19, 1993 deadline. We hereby request a
three-month extension to ensure site preparations and
planting of seedlings prior to the spring of 1994.
Thank you for your assistance. If you have any
questions, please contact Cyndi Bell or Dennis Pipkin at
(919) 733-3141.
Sincerely,
V. C_ .1'?, ? , 8. ). O -Qu1,,1
B.J. O'Quinn, P.E.
Assistant Manager,
Planning & Environmental Branch
cc: Mr. John Dorney, DEM, DEHNR
Mr. Kelly Barger, P.E., Project Management
Mr. Don Morton, P.E., Highway Design
"dr. A.L. Hankins, P.E., Hydraulics
Mr. John Smith, P.E., Structure Design
Mr. B.G. Payne, P.E., Division 10 Engineer
Mr. W.D. Johnson, P.E., Roadside Environmental
Mr. John Shoemaker. Division 10 Ri,ht-of-way
DEPARTMENT OF THE ARMY
f WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
^t? WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO October 10, 1991
S: December 10, 1991
Regulatory Branch
22 3 Z? Z5?
Action ID. 199200013 and R-0211DA
Mr. John Dorney OCT199] o
Water Quality Section co RCLF
?j 6-0 Z7
'V-
Division of Environmental Management ?' WATER QUA,
North Carolina Department of Environment, ? Pfennin9 Branch ITy CU
l ,q
Health and Natural Resources
Post Office Box 27687 016 8
Raleigh, North Carolina 27611-7687
Dear Mr. Dorney:
Enclosed is the application of the North Carolina Department of
Transportation, Division of Highways, for Department of the Army authorization
and a State Water Quality Certification to place fill material in the
waters/wetlands of McAlphine and McMullen Creeks associated with construction
of a controlled-access, 4-lane divided roadway, a section of the Charlotte
Outer Loop, between North Carolina Highway 51 and Johnston Road Extension,
Charlotte, Mecklenburg County, North Carolina. Your receipt of this letter
verifies your acceptance of a valid request for certification in accordance
with Section 325.2(b)(ii) of our administrative regulations.
We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification may be required under the provisions of Section 401 of the same
law. A Department of the Army permit will not be granted until the
certification has been obtained or waived.
In accordance with our administrative regulations, 60 days after receipt
of a request for certification is a reasonable time for State action.
Therefore, if you have not acted on the request by December 10, 1991, the
District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Steve Lund, telephone (704)
259-0857.
Sincerely,
ne Wrig
ie , Regulatory Branch
Enclosure
. Fr
STATE OF NORTH CAROLINA
DEPARTMENT OF 1WANSPORTATION
IAMrs R. I IIINT. III. DIVISION OF I IIGI IWAYS
GOWKNOR F.O. BOX 25201. RALEIGH. N.C. 27611-5201
February 26, 1993
Department of the Army
Wilmington District, Corps of Engineers
P.O. Bo*,-,: 1890
Wilmington, North Carolina, 28402-5201
ATTENTION: Mr. G. Wayne Wright
Chief, Regulatory Blanch
Dear Sir:
SAM MINT
SLCRITARY
t-I, R - 51993
SUBJECT: Mecklenburg County - Charlotte Outer Loop from
Interchange with NC 51 to Interchange with Rea
Road; T.I.P. Nos. R-0211DA, DD and DB; State
Project No. 8.1670102; DOA Action ID. 199200013
Attached is the Wet II Analysis for the vretland impact
and mitigation sites associated with the above referenced
project. This study was conducted to satisfy special
Condition No. 1 of the Section 404 Individual Permit issued
May 23, 1992. We apologize for the delay in transmitting
this information.
The material enclosed include .s. co-pi,--:--, of the data
recorded at the sites on June 9 and 10, 1`?9.'_, maps
illustrating the study areas, and res ult:> cr-ner -iced by the
wet II program. Please contact Cyndi Bell )r Dennis Pipkin
at (919) 733-9770 if you have any questic,:-.
Sincerely,
B.(J. O Quin , P.1.
Assi' to 1•1anager,
Planninci £ Environrient -ll Branch
/ f
TT_'6
cc: Mr. John Dorney, DEM, DEHNR
Mr. Kelly Barger, P.E., Project Hanacr--ment Unit
Mr. Don Morton, P.E., Highway Design '-ranch
Mr. A.L. Hankins, P.E., Hydraulics
Mr. John Smith, P.E., Structure Design
Mr. J.D. Goins, P.E., Division 10 Engineer
I`fr. . Dennis Pipkin, P.E., Envirollmeilt<11 Unit
I-fr. N.L. Graf, P.E., FHWA
Mr. W.D. Johnson, Roadside Environmental
?i',/f \ .d L11r??? (? ?1•. -Tv/r. F -?f .I'r ,. -( j•?1?.^r
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INPUT ZONE
' r ASSESSMENT AREA
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?''"y
MCAL.PI NE CREEK IMPACT SITE N''? (? =??(?`? ???\? ' :?? • • .I t
MCMULLEN CREEK IMPACT SITE
SCALE V=2,000 Fr i ? \ are °'?
USGS QUAD WEDDINGTON
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R-211DA MITIGATION SITE
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FORM A: SITE DOCZJMENTATION (Page 1 of 2)
Part 1 - Background Information
Evaluation Site: McMullen Creek, R211DAS1 Date:.t„? q, 1992
Site Location (Section, Range, and Township or Latitude/Longitude):
Latitude 35 ° - 04' - 08" Longitude 80° - 52' - 04"
Evaluator(s): Randy Turner, M.S., Dennis.Pipkin, P.E., Randy Henegar, P.E.
Has the evaluator(s) taken a training course in Version 2.0 of WET? Yes
Agencies/Experts Contacted: NC Division of Environmental Management, USGS, NWI,
NC Division of Water Resources, Soil-Conservation Servic
Circle the assessment levels to be completed? S?? ?S?-2??EJ027 E/0-3 HS
Is the wetland tidal or nontidal? nontidal
Indicate the month(s) that are representative of typical wet, dry, and
average conditions for the region/locality. If average annual condition
will be used only, give rationale. Indicate if precipitation for the
previous 12 months has been above, below, or near normal. Note: Answer
this series of questions only if wetland is nontidal.
Wet month(s): Not used
Dry month(s): Not used
Used data collected at observation time to reflect conditions
Average month(s): during the growing season. Conditions of site at time of data
collection did not indicate extremes of drought or flooding.
Past year precipitation status: Near Normal
Is this evaluation an estimate of past conditions or a prediction of future
conditions? (If yes, explain nature and sources of predictive data.)
No
Will alternative methods of evaluation be used for any of the functions or
values? (If yes, explain nature and source of alternative methods.)
No
l
', - - Continued --
FORM A: SITE DOCUMENTATION (Page 2 of 2)
McMullen Creek, R2110AS1
Part 2 - Identification and Delineation of Evaluation Areas
Attach a sketch of the assessment area and vicinity, or a suitable map
(i.e., photocopy of topgraphic map) that shows the following information:
-- Boundaries of the AA, IA, and IZ, and the location of service areas.
-- Watershed boundaries of AA, and service areas.
-- Extent of surface water in the AA during the wet and dry seasons.
-- Open water (channels and pools) within and adjacent to the AA.
-- Normal direction of channel or tidal flow
-- Normal direction of wind-driven waves or current.
-- Impact area(s).
-- Scale of distance and north compass direction.
Explain the procedures used to identify or delineate the AA, IA, IZ, service
areas, and the watersheds of these areas if they differed from the
guidelines outlined in Section 2.7.
N/A
Determine the size of the following areas:
Assessment Area e 37.3 acres
Impact Area - 5.4 acres (NA if not applicable)
Watershed of AA - 9,984 acres/ 15.6 miles2 (acres x 0.0016 - miles)
Wetlands in AA - 32.8 acres (AA acreage minus deepwater)
Wetlands in the watershed of closest service area - 234 acres
Wetlands and deepwater in the watershed of closest service area a 283 acres
Describe the location and nature of the closest service area.
Sewage treatment plant approximately 1800 feet downstream from output of AA,
and, generally, other areas ten miles downslope.
How were locality and region defined for this evaluation?
Locality: City of Charlotte
Region: Catawba River Basin
:k is ?: ?' ?: ? y * ?{; * * %? * * :Y.:!' :'::i: 'Y• ? :}; ?: :i::Y :7::1: ;1: ;I::7::l .; 1::!' !, :1:::::I::Y ::::+::y :4 :•,: y: ?; :L ?::k .,; .;..t..t.., J, ?: '\
?pJ
Summary of Evaluation Results for "r?ildasl"
?::k ,r ?::( :k * %? * :? * k ?: ?: J::!: ? :?• :? * :?' :k y ?; :k :k ?: J: y::Y :Y :?; `t :? :l::Y, :r :r :k :{::}; :l::Y ?}::?• J: y ?. ,!; ....t::i: 't::!; :?
Social
Significance Effectiveness Opportunity
Ground Water Recharge M U {<
Ground Water Discharge M I,
Floodflow Alteration H 11 M
Sediment Stabilization If If
Sediment/Toxicant Retention '71 L If
Nutrient Removal/Transformation M M If
Production Export :k M
Wildlife Diversity/Abundance M r.
Wildlife D/A Breeding + 1]
Wildlife D/A Migration L,
Wildlife D/A Wintering
Aquatic Diversity/Abundance M L
Uniqueness/Heritage M
Recreation L k
Note: "H" = High, "M" = Moderat e, "L " = Low. "U" = Uncurtain. and
"*"'s identify conditions where
1 functions and values arc not evaluated.
' (\?'
n YL,,
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?? 6 r ?'p"
FORM A: SITE DOCUMENTATION (Page 1 of 2)
r
Part 1 - Background Information
Evaluation Site: McAlpine Creek, B211DA52 Date: Jun 9, 1992
Site Location (Section, Range, and Township or Latitude/Longitude):
Latitude 350 - 03' - 55" Longitude 800 - 51' - 30"
Evaluator(s): Randy Turner, M.S., Dennis Pipkin, P.E., Randy Henegar, P.E.
Has the evaluator(s) taken a training course in Version 2.0 of WET? Yes
Agencies/Experts Contacted: NC Division of Environmental Management, USGS, NWI
NC Division of Water Resources, Soil Conservation ServicE
Circle the assessment levels to be completed? S? 1; S- -E/0-1&2? E/0-3 HS
Is the wetland tidal or nontidal?
nontidal
Indicate the month(s) that are representative of typical wet, dry, and
average conditions for the region/locality. If average annual condition
will be used only, give rationale. Indicate if precipitation for the
previous 12 months has been above, below, or near normal. Note: Answer
this series of questions only if wetland is nontidal.
Wet month(s):
Dry month(s):
Not used
Not used
Used data collected at observation time to reflect conditions
Average month(s): during the growing season. Conditions of site at time of data
collection did not indicate extremes of drought or flooding.
Past year precipitation status: Near Normal
Is this evaluation an estimate of past conditions or a prediction of future
conditions? (If yes, explain nature and sources of predictive data.)
No
Will alternative methods of evaluation be used for any of the functions or
values? (If yes, explain nature and source of alternative methods.)
No
-- Continued --
FORM A: SITE DOCUMENTATION (Page 2 of 2)
McAlpine Creek, R211DAS2
Part 2 - Identification and Delineation of Evaluation Areas
Attach a sketch of the assessment area and vicinity, or a suitable map
(i.e., photocopy of topgraphic map) that shows the following information:
-- Boundaries of the AA, IA, and IZ, and the location of service areas.
-- Watershed boundaries of AA, and service areas.
-- Extent of surface water in the AA during the wet and dry seasons.
-- Open water (channels and pools) within and adjacent to the AA.
-- Normal direction of channel or tidal flow
-- Normal direction of wind-driven waves or current.
-- Impact area(s).
-- Scale of distance and north compass direction.
Explain the procedures used to identify or delineate the AA, IA, IZ, service
areas, and the watersheds of these areas if they differed from the
guidelines outlined in Section 2.7.
N/A
Determine the size of the following areas:
Assessment Area - 35.9 acres
Impact Area e 2.6 acres (NA if not applicable)
Watershed of AA -47,360 acres/ 74.0 miles2 (acres x 0.0016 - miles)
Wetlands in AA - 31.1 acres (AA acreage minus deepwater)
Wetlands in the watershed of closest service area - 1111 acres
Wetlands and deepwater in the watershed of closest service area - 1,253 acres
Describe the location and nature of the closest service area.
Sewage treatment plant approximately 8000 feet downstream from output of AA,
and, generally, other areas ten miles downslope.
How were locality and region defined for this evaluation?
Locality: City of Charlotte
Region: Catawba River Basin
:?: ::: :?: t: Y:{•:? ? t::N '{':{: ::': :1..?: 'L ?l: ::: :I: :f :I: ?:'Y :I"'? ?: :i: '•':1: '{" ?: ::k :l?:?':1'. 1: :?; :': ?::1;.?:1.;?. . :1. ;?, ,;. ... ,,. .?. ..,•:t?. ;:: /1? ?/?`r
Summary of Evaluation Results for "r? 1 ldos2-
.g :k -k ::k :{::g :k :!::!: ? :!::g :{: ,: ?::!::!::!::!::R :{::1 ,!; :!: :g :p }; ? :{::i ?I::k :? :Y ?: ::,: a :r .,..,. . 9::q; •!• .::::1 .? t::
Social
Significance Effectivcncs? Opportunity
Ground Water Recharge
Ground Water Discharge
Floodflow Alteration
Sediment Stabilization 11 it
Sediment/Toxicant Retention D1 I. 11
Nutrient Removal/Transformation M I, I1
Production Export
Wildlife Diversity/Abundance ?? - !
Wildlife D/A Breeding
Wildlife D/A Migration !1.
Wildlife D/A Winterin-- II
Aquatic Diversity/Abundance
Uniqueness/Heritage
Recreation 1.
Note: "I1" = High. "M" = Moderate. "L" = "U" = Uncc train, and
''O's identify conditions where functions and values ar'_' not evaluated.
FORM A: SITE DOCUMENTATION (Page 1 of 2)
Part 1 - Background Information
Evaluation Site: Mallard Creek, R211DAS3 Date: June 10. 1992
Site Location (Section, Range, and Township or Latitude/Longitude):
Latitude 35° - 19' - 14" Longitude 830° - 43' - 50"
Evaluator(s): Randy Turner, M.S., Dennis Pipkin, P.E., Randy Henegar, P.E.
Has the evaluator(s) taken a training course in Version 2.0 of WET? Yes
Agencies/Experts Contacted: NC Division of Environmental Management, USGS, NWI,
Division of Water Resources, Soil Conservation Servic(
Circle the assessment levels to be completed? SS_l? SS ( /O-1&2 E/0-3 HS
Is the wetland tidal or nontidal? nontidal
Indicate the month(s) that are representative of typical wet, dry, and
average conditions for the region/locality. If average annual condition
will be used only, give rationale. Indicate if precipitation for the
previous 12 months has been above, below, or near normal. Note: Answer
this series of questions only if wetland is nontidal.
Wet month(s): Not used
Dry month(s): Not used
Used data collected at observation time to reflect conditions
Average month(s): during the growing season. Conditions of site at time of data
collection did not indicate extremes of drought or flooding.
Past year precipitation status: Near Normal
Is this evaluation an estimate of past conditions or a prediction of future
conditions? (If yes, explain nature and sources of predictive data.)
No
Will alternative methods of evaluation be used for any of the functions or
values? (If yes, explain nature and source of alternative methods.)
No
-- Continued --
FORM A: SITE DOCUMENTATION (Page 2 of 2)
Mallard Creek, R211DAS3
Part 2 - Identification and Delineation of Evaluation Areas
Attach a sketch of the assessment area and vicinity, or a suitable map
(i.e., photocopy of topgraphic map) that shows the following information:
-- Boundaries of the AA, IA, and IZ, and the location of service areas.
-- Watershed boundaries of AA, and service areas.
-- Extent of surface water in the AA during the wet and dry seasons.
-- Open water (channels and pools) within and adjacent to the AA.
-- Normal direction of channel or tidal flow
-- Normal direction of wind-driven waves or current.
-- Impact area(s).
-- Scale of distance and north compass direction.
Explain the procedures used to identify or delineate the AA, IA, IZ, service
areas, and the watersheds of these areas if they differed from the
guidelines outlined in Section 2.7.
A
Determine the size of the following areas:
Assessment Area - 79.6 acres
Impact Area - 10.5 acres (NA if not applicable) (Mitigation Area)
Watershed of AA - 16,704 acres/ 26.1 miles2 (acres x 0.0016 - miles)
Wetlands in AA - 71.6 acres (AA acreage minus deepwater)
Wetlands in the watershed of closest service area - 392 acres
Wetlands and deepwater in the watershed of closest service area - 499 acres
Describe the location and nature of the closest service area.
Sewage disposal site approximately 1300 feet downstream from output of AA,
and, generally, other areas ten miles downslope.
How were locality and region defined for this evaluation?
Locality: City of Charlotte
Region: Pee Dee River Basin
Summary of Evaluation Results for "r211da:
:? :r :?: =k =k ? :k :k :k ?k * =k :Y ? ? * ? ?: * * * ?k =k :? :i::f: ?::?; :?::k }::g :?: y :g :?: !::k :? :?::I: ?: ? :?; :?; s::i::r :g r •? :I:: ?::,:
Social
Significance Effectiveness Opportunity
Ground Water Recharge ?1 U :J:
Ground Water Discharge M L
Floodflow Alteration L
Sediment Stabilization 11
Sediment/Toxicant Retention M L I1
Nutrient Removal/Transformation M M
Production Export
Wildlife Diversity/Abundance M " y
Wildlife D/A Breeding * L
Wildlife D/A Migration L
Wildlife D/A Wintering * L
Aquatic Diversity/Abundance M
Uniqueness/Heritage H
Recreation L
Note: Ii" = High. M =Moderate. L" = Low. "U" = L'nccrtain. and
"Y's identify conditions where functions and values arc not evaluated.
n ---? , I Y) A / ,/ 1 ') /dl ?1
?C 4Z54 11 `J/71 UU/ UCJ
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO May 28, 1992
Regulatory Branch
Action ID. 199200013
Mr. B . J . O' Quinn
NC Department of Transportation
Division of Highways
Post Office Box 25201
Raleigh, North Carolina 27611
Dear Mr. O' Quinn:
In accordance with the written request of September 17, 1991, and the
ensuing administrative record, enclosed is a permit to discharge fill
materials into approximately 10.5 acres of waters and wetlands adjacent to
McMullen and McAlpine Creeks and unnamed tributaries to McAlpine Creek to
facilitate construction of a 5.4-mile long segment of the Charlotte Outer Loop
Highway between NC Highway 51 and Rea Road south of Charlotte, Mecklenburg
County, North Carolina.
If any change in the authorized work is required because of unforeseen or
altered conditions or for any other reason, the plans revised to show the
change must be sent promptly to this office. Such action is necessary as
revised plans must be reviewed and the permit modified.
Carefully read your permit. The general and special conditions are
important. Your failure to comply with these conditions could result in a
violation of Federal law. Certain significant general conditions require
that:
a. You must complete construction before December 31, 1995.
b. You must notify this office in advance as to when you intend to
commence and complete work.
C. You must allow representatives from this office to make periodic
visits to your worksite as deemed necessary to assure compliance with permit
plans and conditions.
The enclosed Notice of Authorization, ENG Form 4336, must be conspicuously
displayed at your worksite.
Sincerely,
ti
James H. Bradley
Chief, Construction-Operations
Division
Enclosures
T
-2-
Copy Furnished with enclosures:
Director, Atlantic Marine Center
National Ocean Service
ATTN: MOA 232X1
439 West York Street
Norfolk, Virginia 23510
Copies Furnished with special conditions and plans:
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
U.S. Environmental Protection
Agency - Region IV
Wetlands Section - Water Quality Branch
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
4
I
DEPARTMENT OF THE ARMY PERMIT
Mr. B.J. O'Quinn (NCDOT)
Post Office Box 25201
Permittee Ralel gh, North Cafelina 27611-5201
Permit No
Action ID. 199200013
Issuing Office
CESAW-CO-E
Rv,GE1V EU
mV 2 6:1992
REG'JL??Tn;;; gP.AN??
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term
"this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description:
To discharge fill materials into approximately 10.5 acres of waters and
wetlands adjacent to McMullen and McAlpine Creeks and unnamed tributaries to
McAlphine Creek to facilitate construction of a 5.4-mile long segment of the
Charlotte Outer Loop Highway between NC Highway 51 and Rea Road
Project Location:
Charlotte, Mecklenburg County, North Carolina
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 1995 . If you find that you need
more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least
one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and condi-
tions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make
a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain
the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of
this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by
this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordina-
tion required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register
of Historic Places.
ENG FORM 1721, Nov 86
EDITION OF SEP 82 IS OBSOLETE.
(33 CFR 325 (Appendix A))
1
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public
interest was made in reliance on the information you provided.
6. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the cixcumst_ances
warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 326.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.6. The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms
and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations
(such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the
cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.
Your signature below, as permittee
MR. O'QUIN, F
(PERMITTEE)
v f
(DATE)
This permit becomes effective w en the Federal official, designated to act for the Secretary of the Army, has signed below.
,
- oa*V4?1 (DI ICT ENGINEER) (DATE)
ER S. TULLOCH, COLONEL
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and
conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit
and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.
(TRANSFEREE)
that you accept and agree to comply with the terms and conditions of this permit.
(DATE)
3 *U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717.425
f I
SPECIAL CONDITIONS
1. Prior to any active construction in waters or wetlands, the permittee will
complete a WET II analysis of a) all affected wetlands within the authorized.
road alignment and b) the proposed mitigation areas adjacent to Mallard Creek.
The results of this analysis will be provided to the U.S. Army Corps of
Engineers, Wilmington District, Regulatory Branch (Corps) for review and
approval. Wetland construction will not begin until written approval from the
Corps has been received.
2. If the results of the WET II analysis so require, the permittee will
secure additional mitigation acreage within 6 months of the Corps written
approval under Special Condition #1. Any additional mitigation will be
accomplished under the parameters set forth in Special Conditions #3 through
#9.
3. In order to compensate for unavoidable wetland impacts, the permittee will
create a viable, forested wetland of a least 10.5 acres in size on property
owned by Mecklenburg County adjacent to Mallard Creek (see sheets 24 and 25 of
the permit plans). To be considered viable the mitigation areas must meet the
following success criteria for wetland vegetation and hydrology:
a) The wetland vegetation success criterion will be met when at least
320 planted trees per acre survive for three consecutive years.
b) Wetland hydrology will be established when the mitigation areas
exceed the 1987 Wetland Manual criterion for hydrology (i.e. be saturated
within 10 inches of the surface, ponded or flooded for at least 26 consecutive
days of the growing season).
Construction of the mitigation areas will commence within 1 year of the date
of this permit.
4. The permittee will provide a suitable growing medium and grade to meet the
wetland vegetation and hydrology success criteria.
5. Comparable proportions of 6 acceptable species will be distributed
throughout the mitigation areas. Acceptable species will include
facultative-wetland or obligate-wetland, hardwood trees at least 50%
of which are mast-producing oaks. If less than 6 acceptable species
are available at the time of planting, the permittee must consult
with the Corps to determine an acceptable, alternate planting scheme.
r r
-2-
6. The permittee will provide to the Corps an "As-Built" report and plan of
the mitigation areas at the completion of planting. This report will include
the precise size of the planting area, final ground elevations, species
composition and distribution, locations of vegetative sampling plots and
hydrology monitoring stations, and other pertinent information as may be
deemed necessary.
7. The permittee will document seedling survival rates for the
mitigation areas by either direct counts of living stems over the
entire site or by utilization of permanent and random vegetative
sampling plots that adequately represent the site. A minimum of
one .05 acre sample plot per acre will be established, the locations
of which will be determined through consultation with the Corps
during initial planting. Monitoring of the vegetative sampling
plots will occur during the period 1 August through 30 September of
every growing season thereafter until it clearly demonstrated that
the vegetation success criterion has been met.
8. The permittee will document that the wetland hydrology success
criterion has been met for the first full growing season following
initial planting that demonstrates normal climatic conditions. This
may be accomplished through monitoring wells or direct visual
observation. If wells are utilized, their frequency and location
will be closely tied to the vegetative sampling plots. The locations
of the hydrology monitoring stations will be established at the time
of planting through coordination with the Corps. The permittee will
take remedial action, as necessary, to meet the wetland hydrology ?.
success criterion.
9. Silt screens and other appropriate erosion control measures will
be installed and maintained at all crossings of waters and wetlands
to prevent the migration and erosion of fill materials.
10. No clearing and grubbing, equipment storage, stockpiling of
materials or other disturbance of wetlands will occur outside of
the authorized fill limits at McMullen and McAlpine Creeks.
11. Roadside ditches will terminate at the wetland/upland interface
and will not be excavated through wetlands.
12. All unsuitable materials will be disposed of on uplands.
13. All borrow material will be obtained from upland sources.
JI-I( 109 ' 9=1 13:19 1-OE-H'=;HE,%ILLE
5
NOTE - SPECIAL CONDITIONS TO GO ON PAGE 3 OF ENG FORM 1721 ARE:
P
1. Prior to any active construction in waters or wetlands under this
authorization, the permittee will; a) secure a watland mitigation site in
Mecklenburg County suitable for the creation and/or restoration of at least' -
acres of bottomland hardwood wetlands or secure, for preservation, a high
value, depressional swamp wetland such as the Walker Branch Swamp with proof
of ownership (including a boundary survey) provided to-the Corps of Engineers,
Wilmington District, Regulatory Branch (Corps) for review and approval, b)
complete the grading and site preparation of the Mallard Creek Mitigation Area
per the terms and conditions of your May 19, 1992 Department of the Army (DA)
permit authorization for a portion of the Charlotte Outer Loop Highway, and c)
provide proof of ownership (including a boundary survey) and an acceptable
wetland mitigation plan for the 20-acre Miller Property on Little Sugar Creek
per the terms and conditions of your May 19, 1992 DA permit authorization.
Water and wetland construction will not begin until a written notice to
proceed has been received from the Corps. Additional special conditions
regarding mitigation success criteria, monitoring requirements, and management
stategies may be required depending on which mitigation option in item a
is pursued. Such conditions will be added to this authorization by permit
modification.
2. Silt screens and other appropriate erosion control measures will be
installed and maintained at all crossings of waters and wetlands to prevent
the migration and erosion of fill materials.
3. No clearing and grubbing, equipment storage, stockpiling of materials
or other disturbance of wetlands will occur outside of the authorized fill or
excavation limits.
4. All unsuitable materials will be disposed of on uplands.
5. All borrow material will consist of clean fill obtained from upland
sources.
6. The activity will be conducted in such a manner as to prevent
significant increases in turbidity outside the area of construction or
construction related discharge.
7. Roadside ditches will not serve to drain wetlands adjacent to the
roadway.
e. Stream channel diversions will be stabilized immediately following
excavation.
;' 4 )e((31 90
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Y
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Charlotte Outer Loop from NC 51 to Rea Road
Guidelines for Wetland Mitigation and Monitoring Program
State Project No. 8.1670102; T.I.P. No. R-0211
April, 1992
I. Monitoring Time Frame - Mitigation site shall be
inspected at the following times:
A. Prior to planting.
B. At completion of planting.
C. One (1) years following completion (or after 1st
full growing season).
D. Three (3) years following completion (or after 3rd
full growing season).
II. Data to be obtained at Specific Inspection Times:
A. Prior to planting - 10 acres:
1. Check for proper elevation and grade, get the
permitting agency's approval on the elevation.
2. Check for proper plant species and for
acceptable plant quality:
25% Fraxinus Pennsylvanica -Green Ash, 15-18",
Seedling
25% N ssa svlvatica -
Black Gum, 15-18", Seedling
25% ouercus lyrata -
Overcup Oak, 15-1811, Seedling
25% Guercus nigra -
Water Oak, 15-1811, Seedling
Note: Plant species are contingent upon
availability at the time of planting.
3. Check for proper planting methods.
4. Check for proper plant spacing (8' On Center,
680 seedlings per acre).
B. At completion of planting check for conformity with
plans as well as quality of planting.
C. One (1) and three (3) years following completion
(or after 1st and 3r full growing seasons). :
1. Estimate survival rate (optional - collect data
if it can be determined).
2. Measure height of plants.
3. Take photographs.
4. Estimate percent population:
a. Planted species
b. Overall (natural succession).
III. Evaluation and Recourse Action:
A. Acceptable survival rate (50% population planted
and natural succession of desirable species).
B. Three (3) year data evaluation:
1. Below acceptable survival rate (recourse
options) -
a. Replant (supplemental or complete)
b. Minor regrading
c. Discuss corrective measures with
environmental review agencies
d. Reevaluate feasibility
2. Acceptable survival rate - no action.
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DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
VICIIR.I.-TY MAP PROJ90T 6.1670102 R-0211DAsVDtDB
1-485 (CHARLCITTE OUTER LOOP)
FILL IN WETLANDS: FOR SITES I & 1:
eH$ET OF APRIL 1992
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FILL IN. WETLANDS FOR WES Y & II
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wETLA; r s
STATE OF NORTH CAROLINA ATCR
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT. IR DIVISION OF HIGHWAYS SAM HUNT
GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 SECRETARY
U LS
April 6, 1993 l'?F?? I ? Icy;:? 6
District Engineer
1E1
U.S. Army Corps of Engineers IVETLANDSGROUP
P. O. Box 1390 V ATER QUALITY SECTION
Wilmington, North Carolina 33403._.
ATTENTION: G. Wayne Wright
Chief. Regulatory Branch
Dear Sir:
SUBJECT: Mecklenburg County, Charlotte Outer Loop from
Interchange with NC 51 to Interchange with Rea Road:
T.I.P. Nos. R-0311DA, DD AND DB; State Project No.
5.1670102; DOA Action ID 199200013
Per the telephone conversation of April 5th between Mr.
L.J. Ward of NCDOT and Mr. Robert Johnson, Corps of Engineers
Asheville Office Manager, the North Carolina Department of
Transportation commits to perform certain wetland mitigation
tasks as outlined below, and hereby requests a modification
of our 404 permit for the above project.
(A) NCDOT commits to mitigate wetland impacts by performing
compensatory restoration at a ratio of 2:1 (two acres
restoration for each acre filled). This would be a total
of 22.3 acres ( 2 s 10.6 acres impact = 21.3 acres, plus
1 acre or fill beyond construction limits).
The proposed Mecklenburg County mitigation site at the
north side of Mallard Creek Church Road (east and
adjacent to Mallard Creek) will fulfill 9 acres of this
total. We are continuing to work with Mecklenburg County
to develop a similar mitigation site on the south side of
Mallard Creek Church Road (and west of Mallard Creek).
Note that the proposed widening of Mallard Creek Church
Road will impact on the site south of that road, but not
north of the road.
Also, we will continue our search for additional sites to
complete the acreage requirements, as required.
(B) The County Greenway trail through the McMullen Creek
crossing would fill approximately 0.17 acre of wetlands
as proposed. We understand the County has already applied
for a permit (excluding the segment through DOT Right-of-
Nay). We will coordinate with the County in a review of
the proposed section across DOT Right-of-Nay. Upon
completion of that review we will either apply for a
permit modification or have the County request that their
application be modified based on the selected design.
(C) The County Greenway trail through the McAlpine Creek
crossing would fill approximately 0.14 acre of wetlands
as proposed. We understand that proposed work at McAlpine
Creek is for improvements anticipating a future Greenway
segment. We will immediately investigate the possibility
of design revisions with the County at this site. As
soon as a decision is reached, we will apply for a permit
modification.
Sincerely,
.J. O' uinn. E
stant alter
planning and Environmental Branch
encl
dpfcor3r311-.1
cc: Bob Johnson. COE, Asheville Field Office
John Dorney, NCEHNR, DEM
Don Morton, State Highway Engineer-Design
A. L. Hankins, State Hydraulics Engineer
Tom Shearin, State Roadway Design Engineer
J.D. Goins, PE, Division Engineer
N. D. Johnson, Roadside Environmental Unit
G.C. Gibson, State Roadway Construction Engineer
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YSLATE
STATE OF NORTH CAROLINA
DEPARTMENT OF TPANSPORTATION
JAMES B. HUNT, JR. DIVISION OF HIGHWAYS R. SAMUEL HUNT-]II
GOVERNOR P.O. BOX 25201, RALEIGH. N.C. 27611-5201 SECRETARY
FE-br iary 9, 19 ' ,
Denar.mert of ri'e -.r"1'7
a11m lict.on D13tr Ccrps oL :ilrs
.o. .C.. 1'42"C
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3UB?ACT. `?lecizie, b,_7 `cj CC ,rt,7 - Charlo tte OL,.ter L OOP frcm
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16 102; DOl_
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=?t ido Ac on ID 1992000133
.
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Construction of the mitigation sites at Mallard Creek
ChLI'=^'.: ^cad_S sCiledLlled to begin by February 19, i99-. -The
llil -idl :O11Str :1c t1 on prase wil_ 111ZiG1V? _r di llig of the sites
wetl,n elevaticn, foi_ovied by construct_;n of a rai sect
Oar'a',Jd'_.i aiid 'adestr i a n fcotbl-` . T'7d 3` e b?ii 11= ?_:<<2d
tha= vC lli.._ o_ o,- is cs req_.lr-a for Dlaliting wl11 not
a -alldble _rom --I ant nurseries --i1s Scds011. Theref'7 e
s _-orz__17 O. _ WOr.. cannot I c mplet=d =G'_" E.iie
199-: grown";; season. Tile seedlings ca--1. be acquired ?.71.en
nurse -1 stcc'.s are reple- n=shed for fall 1994 planting 117
_..? 7 aanti' a-, the sl; =es will be 3tab_ll?ed -,- ,,r44--h Irascue. We
leave -considered use of an herbaceous wetland seed mixture,
but round that we can nei--her be assured of an adequate
su nnly to cover the area nor the success of such a mixture in
stabilizing the soil. Planting of fescue offers the best
assurance of com-Dliance with the Sedimentation Pollution
Control Act. The rescue should not be able to complete
successfully with the wetland tree species to be planted at
this site under wetland growing conditions.
9
Monitoring of hydrology and preparation of site reports
will proceed as planned during the 1994 growing season. The
site reports will be submitted to the Corps of Engineers a,s•
required. Attached herein is a copy of the contract for -
construction of both sites.
Thank you for your continued assistance with this
project. If you have any questions, please contact Cyndi
Bell (919) 733-3141.
Sincerely,
B. '-!2. n, P.E.
Assistant Manager,
Planning "Y Environmental Branch
cc: Mr. Jch_z Dcrney
, DEM, DEHNR
Mr. Steve Lund, DOA, Asheville
Mr. Celly Barger, P.E., Project Management Unit
M?-. Don Morton, P.E., Highway Design Branch
Mr. A. L. Hankins, P.E., Hydraulics
Mr. John Smith, P.E., Structure Design
Mr. B. G. Payne, P.E., Division 10 Engineer
Mr. W. D. Johnson, Roadside Environmental
. 5fA>l .
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT, JR. DIVISION OF HIGHWAYS
GOVERNOR P.O. BOX 25201. RALEIGH. N.C. 27611-5201
R. SAMUEL HUNT I I I
SECRETARY
U J?CT . :I=?;:1eL:_ _;
'-1: 7
1 ?? _. o ',11 :1 ?::? ?Fi'._ i_t' _ _Vii 5_ .z ?.: G_ ?• Cv_th tnI
L::iL._
CrC': L:__.. RC _ L lc-Ci: ._. ___ e CC_.__Cl:_:E.ZI---
of 'r aa_nn _cUes D L" S -a_ _ L11 ??11t .
re ng -d °s h°s= C:1 ._ g2! c w_ 11 be 7.3-71e ti: ..'?ntr c-
s0 11at f illal construction dra:•iinas- a n a bor?o,,i nat? _ i ai
qu&.nt. ties will be }:ncwn from the _- n1L=chic. of tir adir ULI
R•Jadsida Environmental Unit 1, also makJ ng ch=nges t0 '•:e
seseeding plan. The smote on the south s_de cf :':'.311x: CL_?'..
Churc i Road will be left Lnseed-_:- 1, as rii off pr iici 5 are
e jpected to ;De minima_ due to the contr oll°d outlet . The
site on the north side of Mallard CrE°_.: Church Poad will deed
to be stabilized, and thus will be planted with a mi:.ture of
rye grain and German millet.
G)
The appraisal of the Miller property has been completed.
The site is part of a larger parcel that was developed by
Charter Properties. Since this portion of the property was
never developable, no maps have ever been prepared of the..
site in relation to Laitner Drive, which was built along with
the adjacent shopping comple.. Due to the unavailability'of
an adequate map for site planning, a survey will also be dame
by NC'DOT in March 1994. The property appraisal and site
survey conSti'-tlta information t,17niCh Ci:arter Properties asked
_IS to :?up-D i p as -.D-art o' the riglit-of-wav acauiz-, tics prOC-aSs.
Mitigation design details will be pursued when the site
survey is completed. These site plans will be reviewed with
the regulatcry agencies as this information becomes
available.
Thank you for your ccntinued asSistance with ..ills
pr-:ject. if you hav_ any questions, please contact C'yndi
Dell at ( ),19 > 7 113 -J 141.
Sincerely,
Assistant Manager,
Planning u Environmental branch
cc: Mr. John Dorney, DELI, DEHNR -?
Mr. Steve Lund, DOA, Asheville
Mr. Kelly Barger, P.E., Project Management Unit
iir . D017 %Iorloll, P . E . , Highway Design Dr anca
Mr. A. L. Harkins, P.E., Hydraulics
Mr. John Smith, P.E., Structure Design
?sir. B. G. Payne, P.E., Division 10 Engineer
Mr. W. D. Johnson, Roadside Environmental
I? IL I ! YJ/A 1-5 L_'i +'%
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
Action ID. 199300013
November 29, 1993
Mr. Frank Vick
NC Department of Transportation
Division of Highways
Post Office Box 25201
Raleigh, North Carolina 27611-5201
Dear Mr. Vick:
CE/\
DEC 0 3.1993
2Q OIVISIC?/ OF
? HiGHWgys <
Ma?
? G WAYS
Reference your Department of the Army permit issued on May 19, 1992 and
your written request of November 1, 1993 for a permit modification to further
extend, by 3 months, the commencement date for construction of the required
mitigation area at Mallard Creek, Mecklenburg County, North Carolina.
The permit is hereby modified to require that site preparation activities
on the Mallard Creek mitigation area begin by February 19, 1994. The permit
is further modified that additional mitigation area to satisfy the total 22.2
acre mitigation requirement for this permit be secured by this same date.
All other conditions of the original permit and subsequent modifications
remain in full force and effect. If the required mitigation work at Mallard
Creek is not initiated and additional mitigation sites secured on or before
the date herein specified, the authorization will cease and become null and
void.
ncerely,
ames H. Bradley
Chief, Construction-Operations
Division
Copy Furnished:
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
J J r^
STATE OF NORTH CAROLINA
DEPARTMENT OF TtANSPORTATION
JAMEs B. HUNT, JR. DIVISION OF HIGHWAYS
GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201
November 8, 1993
Mecklenburg County Park and Recreation Department
700 North Tryon Street
Charlotte, North Carolina; 28202
ATTENTION: Ms. Nancy Brunnemer
R. SAMUEL HuKT III
SECRETARY . '
SUBJECT: Mecklenburg County Greenway on ?,Iallard Creek
Church Road at US 29
The attached drawings illustrate w,?tland mitlc,,atlon work
which NCDOT proposes to conduct at the two Mecklenburg County
properties bordering Mallard Creel; Church Road. At Site 1.
4.4 acres of the property ?-,could be utilized. At Site 2, 12,6
acres of the prperty would be utilized by 14CDOT. We
anticipate that grading and planting would b:e required on
11.1 acres of the two properties.. Vecretation planted on the
two sites would include a mixture of sceamp chestnut oak,
green ash, black gum, overcup oak, black willow, and water
oak.
Ten-foot-wide boardwalks, ending with platforms, are
proposed for both sites. At Site 2, a bridcre accessing the
property from the gravel parking lot on the- other side of
Mallard creek will be constructed. The platform would be
placed at a high elevation point cn the property. At this
time, the boardwalk on Site 1 is shown endir;c; at the
potential right-of-way limit for the Mallard Creek Church
Road widening project. A bridge underpas_. connecting this
boardwalk to the gravel parking lot on the other side of the
street will be planned as part of that project. Currently,
the Mallard Creek Church Road widening project. is in the
planning stages. The project is scheduled for construction
in 1999. In the interim, pedestrians would need to cross the
street to access the boardwalk.
6)
NCDOT and its contractors would be responsible for site
preparations, planting, monitoring of hydrology and plant
vigor, and boardwalk construction. It is estimated that the
work involved in wetland creation and monitoring, plus
boardwalk construction, would exceed $350,000.00. NCDOT
would be responsible for monitoring the site for at least
three years, or until a functioning wetland is established.
Management of the property by ?Mecklenburg County as a
Greenway would not be interrupted.
Please inform the Joard of County Commissioners of the
work that NCDOT is prepared to do to improve this link in the
Mecklenburg County Greenway System. We look forward to
working with you in restoring a. forested wetland along the
mallard Creek floodplain.
If you have any q,,-, stionS; Dlease contact Cyndi Bell in
Raleigh at (919) 7313-9770.
Sit
V
3.J. 1'Qlli.iii, ?
-A 1 L7
Branch
cc: Mr. B.G. Payne, P.E., Division 1-0 1_cri_.ee,-
Mr. John Dorney, DEM, DEHIdR
District Engineer, DCA
Mr. N.L. Graf, P.E., FHWA
Mr. Archie Hanr:lnv , . . E
Mr. Victor Barbour, P.E., Design Services
Mr. Tom Shearin, P.E., Roadway Design
Mr. Kelly Barger, P.E., Program Development -arch
Mr. Don Morton, P.E., Highway D?-sicgn
May 20, 1993
PERMIT STATUS
SUBJECT: Mecklenburg County - Charlotte Cuter Loop frcm
Int?erclaange with 14C 51 to Interchange will: Pea
Road; T.I.P. Nos. R-0211D11, DD anc'_ DB; State
Project Pio. 21.1670102; DOE. Action ID. 199200,013
?e>~r?_lary 13, 1993 COE report=d in monthly reVieW meeting
that NCDCT was in `i io1atioli of se-leral
p?rIIIit cC,IaC1itiUn: . Phone Conver Sati")n
with Division Engine-er' S office in(fica-es
tha.t the permit had not begin forwar-led
the P.esident Enciineer.
_ebrLlary 23, 19'?3 .'OE NCDOT Div:sioi I() staff review
7L-D-iecr ti: fi =-ld.
Aarch 3 , 1993 CCE Cllr n-C tS NCDOT tci StOfJ Vi 7r:. 111
N/?tl 11C:w until Conditions o= the 7al?ilt
are ?iie ? .
Har 1, 17 , 1993 ids"I0T recq_le"tS 40?_ permit modcation to
all D w use of silt basins and te:;Iporary
tream cros:;digs at "IciAilien and I,I(::?,lpine
%re kS, piLIS clearing }JeyUlld tiie t :e-0i
fill limits; whie, n necessary for
cUI-.stI"L1Ction .
Apri? _ 199° NCDOT requests 4041
all.--w restor_.,ticn ._ 212.2 acrl:s Cf
wetl -- ii Thiti r _fl2c Z S reS111tS U_
t_e WET II analysi (2.1 :nitlgoi
required) plus the wetland fill he-yond
constructior limits. NCDOT alti:o coinm] is
to modi-flcation_ of NCDOT's or the City of
Charlotte's permits for gr?enway trails
at 1,!cAlpine and mc,-Iull-n Creek-s.
April 7, 1993 Contractor is advised that work in
wetlands may resume.
April 27, 199' NCDOT requests 404 Permit Modification to
extend deadline for initiation of
construction of mitigation site.
May 6, 1993 COE grants permit modification to allow
use of silt basins, temporary stream
crossings, and increased wetland
mitigation ratio. ,
An additional 404 Permit Modification request for the
Mecklenbug County greenway trails at McMullen and McAlpine
Creeks will be submitted in the near future. NCDOT and COE
personnel will be visiting a potential mitigation site in
Charlotte on May 25, 1993. Site inspections of wetland
impact areas along the remaining portion. of the Southern
Charlotte Outer Loop will also be conducted at that time.
3
STATE OF NORTH CAROLINA
DEPARTMENT OF TAANSPORTATION
JAMES B. HUNT, JR.
GOVERNOR
DIVISION OF HIGHWAYS R. SAMUEL HUN"1 ! I L
P.O. BOX 25201, RALEIGH, N.C. 27611-5201 SECRETARY
July 1, 1994
M, E?40P.ANDUP,1 7-0
FRONT .
Cm:
:4i'. E. G. i?a,'i P.E.
,
%- isioil ,u Engineer
M_ JO1?I? `.-dilliaT.sGa
i-Ianager, Rig_Iz-of-Way Branch
B. J. O'QLIlI7I7; n.E. ?,? C 7
,Assistant ;Manager;
Planning & Envircnmental Branch
1'?=C'%-Ie:?bL:rCT C (D LInt 1, - C I l 1 10 tc C•_Itcr 1' 3p
fro: NC' 51 to Rea ? oad; T . _ . ? . c'S . P - C'? 1 _D:
PleasC conditions de=ail;-=d in t-ae
attached permit :1lodificaticll. Condition =I rEfera t',) the
plantlii- ai1C; otl?er --r°3Darat,101l3 at the, i•!-llar c.' Creek :hur ct'_
Road mitiga -ion sit.. It is our u derstanC`ina that the
Suh- _:1tr ac -cr has. assu'= ec: i:CDOT ti-e'_' ca- Ii e-r the I -adlines
is-zued by tna U . J . HL:Ii?T Cc:.pb t EilglllCCi J L,'inditi.,Dn
reLe_s tc Li_c mitlgaz_on . itz- aL Litzle Su_'ar Ci:ee'}:;
anf °I:ii1, oliG _ lil' Da :EO' lc. Llrr=il l
in the process of acquiring this property fro:„ Charter
Pr Dpertles, Inc. , e L:Ilderstand ti?°_ ant'_C1:ateC: clozing an
t1i property Will Occu: in July, 19911. Please send us a
copy of the proof cf ownership and boundary sarvey for Lis to
tra1":smit the Corp be?C'_e the JL;ly 31 deadline. NCDOT is
W13rking toward completing vile mitigation plan and advancii:g
to site construction 1:1 1 '94; hoeiever, it this does not
occur, we mast construct the site by the December 31, 1995
deadline.
The U.S. Army Corps of Engineers has issued numerous
permit modifications for this project. if the conditions
described herein are not ;net, it is likely the Corps will
halt construction, and may also levy fines against NCDOT. In
the interest or prEventing delays on this or other Upcoming
sections of the Charlotte Cuter Loop, it is of the utmost
importance that we meet these permit conditions. If you have
any reason to believe that we cannot meet these deadlines, ,
contact me immediately so that we can coordinate with the
corps of Engineers. In the event that any further
modification is necessary, please notify us in time for
processing of a request before the expiration date arrives.
Thank you for your attention to this issue. If you have
any questions, please contact me.
cc : 'Mr. Ie"elly Barger, P . E . , Project •Ianageiaent Unit
Mr. Frank Vick, _ . E . , Planning Env> ronmental
Mr. Don M o r ti:n, P . E . , HicjIiway De-sign Br anc?i
Mr. A. L. Han],'-ins, P.E., Hydraulics
Mr. John Smith, ..E., Structure Design
Mr. /l. D. Joiin:.on, Roadside Eil iroi.-Iiental
Mr. G. ''.'. ._?:ear7n, P.E. Raad';'Iay DF'b_Jn
!Ar . V '-c c Barh D u r , P . ? . Des, ,rn 5 -r", =C =S
Mr. N. L. raf. _ 'AiA
`• ?+ IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
June 24, 1994
Action ID No. 199200013
Mr. H. Franklin Vick
Planning and Environmental Branch
North Carolina Department of Transportation
Post Office Box 25201
Raleigh, North Carolina 27611-5201
Dear Mr. Vick:
}
DIVISI0'4 Off' Qs
v? HIGHWAYS
`cN?RON
Reference your Department of the Army (DA) permit issued on May 19, 1992
which authorized the discharge of fill materials into approximately 10.5 acres
of waters and wetlands adjacent to McMullen and. McAlpine Creeks and unnamed
tributaries to McAlpine Creek to facilitate construction of a 5.4-mile long
segment of the Charlotte Outer Loop Highway between NC Highway 51 and Rea Road
south of Charlotte, Mecklenburg County, North Carolina. Also reference your
letter of June 16, 1994 identifying a revised timeline to satisfy mitigation
requirements under this DA authorization.
The permit is hereby modified as follows:
1. Grading and site preparation at both Mallard Creek Mitigation Sites A
and B will be completed by July 31, 1994. Planting of the required tree
species at both sites will be completed by December 31, 1994.
2. An additional site to satisfy the full 22.2-acre mitigation
requirement will be secured by July 31, 1994 with proof of ownership
(including a boundary survey) provided to the Regulatory Branch, Wilmington
District Corps of Engineers (Corps). Plan approval (from the Corps), site
preparation and planting of this mitigation site will all be completed by
December 31, 1995.
It is understood that all other terms and conditions of the original
permit and subsequent permit modifications, if not specifically revised
herein, remain in full force and effect.
Sincerely,
James H. Bradley
Chief, Construction-Operations
Division
-2-
Copy Furnished:
Mr. John Dorney
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
State of North Carolina
Department of Environment,
Health and Natural Resources A?.
Division of Environmental Management .?I
"?'Av
James B. Hunt, Jr., Governor y E H N R
Jonathan B B. . Howes, Secretor
A. Preston Howard, Jr„ RE., Director
April 13, 1994
Mr. Barney O'Quinn
Planning and Environmental Branch
NC DOT
P.O. Box 25201 _
Raleigh, N.C. 27611-5201
Dear Mr. O'Quinn
Re: Modification of 401 Certification
Charlotte Outer Loop
TIP Nos. R-0211DA,DD and DB
State Project No. 8.1670102
DOA Action ED 199200013
DEM #93273
Mecklenburg County
The 401 Certification (number 2738) issued by DEM on 18 May
1992 and modified on 7 July 1993 is hereby modified again to
allow an additional 0.06 acres of wetland fill for a greenway
along McMullen Creek under the proposed Outer Loop. This action
is deacribed in you 10 March 1994 letter. It is understood that
mitigation for this unavoidable loss will be done.
Please contact Mr. John Dorney at 919-733-1786 if you have
any questions.
Sincerely,
1A. estop Hou:a Jr. P.F.
cc: Mooresville DEM Regional lQf.fi.ce
Asheville Field Office COE
WJ lmington District COP.
Central Files
John Dorney
P.O. Box 29535, Raleigh, Nor h Carolina 27626-0535 Telephone 919-733-70 15 FAY. 919-733-2496
An Fqucrl Opportunity Affirmative Action I rnployer .`? M recycle: / 10`X, posi-consumer popor
STATE OF NORTH"II
DEPARTMENT OF T?
JAMES B. HUNT, JR. DIVISION OF HIS
GOVERNOR P.O. BOX 25201. RALEIGH,
I
I
march 1O,
Department of the Armv
'W? lininaton Di,tr_ t . ?or 's of Engyllee_ ..
P.O. Bo.: 1890
._ ?^ap?-??Ol
Wilmington, Nor-,' Calolilia,
AT^E?3TI'JN : '-I,- . G. Wayne i,,iright
Clile p.egulatory Branco
Dear Syr:
kMUEL HUNT III
SECRETARY
SUBJECT: lmeckle:nburg county - Charlotte Cuter Loop zrom
inte_Cnaran- with NC 51 LG In-erC!lal':ge wytil Rea
Road; T.I.P. Nos. r-O"11DF., DD and DL'; State
project No. 8.1670102; DOA Action 1D. 199200013
On November 29, 93, tlic' LT. S. Arill'y' Carps of Engineers
issued a mo::ificatiol': of the 404 Permit for the above-
? aglow constru -yon o? e1evat?d
r eferenc2pr 3 e - C,_
boardwal;;S throue.l-wetlands aCace' t to Mc!`?Llll? 11 eel; and
?cAlL i n e Creek. These walkway= will be added tc:
I"IeCr,. le„b,,,,'J C stein. Sub-sequently, w_::, nave
-een?;av
'Llii?, s1
:!C:I1111?n
eEll 11Gtifled that all e-i -vated aoardwzl)S leneatil
Jvlde enougIn sp=.C= tc- mee_ AASHT'.i =.t-.lords
. _y e?k nc;t p-
for rlyllyinum v e r tica1 c I e z-raY1ce . The trail :iouid there-fore
heed to be paved directly beneath the footprint of the
highway at xcMullen Creek.
Attached are drawings of the ?°.al rays along ivicmullen and
McAlpine Creeks at the charlotte Outer Loop. A cross section
of the concrete `.rail proposed for the McMullen Creek trail
is also included. The trail would need to be paved directly
beneath the footprint of the highway (approximately 180 feet)
at McMullen Creek. The concrete section would be 14 feet
wide, including shoulders, and provide 10 feet of vertical
clearance between the top of trail to bottom of lowest
structural component of the bridge. The proposed work would
require 0.06 acre of fill in wetlands. This impact will be
mitigated through inclusion in the mitigation plan for the
G)
I-? • ?
C:harlott- Outer Loop project ?N° 11°__2by request- a Ion
of the e':iStlllg 40' permit, issued iiay 1992, to allow
construction of a cocrete trail directly beneath tle
Creek bridge ry copy of this letter, request for
PI?i•itlllen .
1u1 ddtCr Quaiit,, Certificat`on by the N.C. DJ'`llslcn -)f
Envi"o11i:lElltal 15-...lso made.
m}l a ll}: ass _s arse . i. v"Du 11ae
Ur
?ioL' fGr 10 at
_TnC.i _p?._i:
CG1.?--
c P-
t , _ .?.
i S - 'I ait •3 I E
N ' 11.1_icl a _,._'v 1- na2?lt _ L' a11C11
.. ., .tom
I
iii .
R
A,11
ail,
.`T
Don??tGL oilyl. . , <- Inv7a
.?. L u ,_:..i_1 dr.=
john -".ilith, - L .J I.i L:C 1. Ll1 - ?J+?i171.
^ n- P S?G1i 10 _U
N , D . Johnson Rcac's ide Env -- iiIlEl: 7-
j l
ohn S ?^naE"- , Ri .'lt-'GL-Wa
c
JAMES B. HUNT. JR.
GOVERNOR
STATE OF NORTH CAROLINA
DEPARTMENT OF TPA.NSPORTATION
y4,vr
DIVISION OF HIGHWAYS R. SAMUEL HUNT I I I
P.O. BOX 25201, RALEIGH, N.C. 27611-5201 SECRETARY
,De.,ar-men-t Of Ll_? ?.1':l
` iim=ilg ton Di?t1'il-
u. C C
`Piii:.'.2'I1-J" O'_l 0 Ca.'-Ol____
.. T T`. T_ O1`: :11 +vC -.71v__ .
SUIJ'CT: cC ...ty Gt r- OL:te - ?o?'P X0.:;1
Inure:tan w? C, E 1 1n-G_Ch :'.1 - ;ilL :
7,Daa; DL _... C? D3 r
P1-C`?eCt ?d`.. U _b `0 1'3''; JOit ACL? D11 .7D TD. --. - 2u C0
CStr11C -_oI1 t 'j _ ti rTa on ._ 1 es aL 14 ailarry ee
is sche'--ali.-ld 7°_1fur'
1n -Lai constl"_.__-ion p'_a:;e .•iiinvcl'._ d-inC1
_ let ?i1C e 1 e v a iC'n _?DiieC. b"v co1'.st i"cz ?n of -a _ _._s
1.1:1. .7^ "i.ail f: ?i..t 1^_d? •.7'i e =Hi? _:i. cC.
t.1 VC 111:.._
_l Gill ?D_...i7
_S O?" i _ [l :1= l._. cal'n. t C 1?1.? 'i - 1
1
gC! rJL"CWll:r Se dtiUll t? s C'__11C? a.: 1,e dC tl _'e when,
Sei 1' _.tC l,J r_ _ °p__tl_. 11t:C tU? _ xl_ J1an+- 71_g
ii;e ,iitlii;_ ti1_ mil' ;:' - w4`1 b._ -•tab111?P.. L-- _1_. Wc-,
have considered use of an herbaceous i-Jetland seed mixture .
but found that we can neither be assured of an adecruate
sUPPly to cover the area nor tale success o- f: a rli;{tare ii,
stabilizing the soil. Planting of fesetle offers the best
assurance of com:liance with the Sedimentation Pollution
Control Act. The fescue should not be able to complete
successfully with the wetland tree species to be planted at
this site under wetland growing conditions.
(9
Monitoring of hydrology and preparation of site reports
will proceed as planned during the 1994 growing season. The
site reports will be submitted to the Corps of Engineers as
required. Attached herein is a copy of the contract for
construction of both sites.
Thank you for your continued assistance with this
project. If you have any questions, please contact Cyndi
?
Bell (919) 73?-„1_4?.
Sincerely,
B. - .lJ ,n P. E.
Y
x..
Assistant Manager.
Planning & Environmental Branch
CC: Mr . John, Dorney, DEM, DE114NR
Mr. Steve Lund, DOA, Asheville
Mr. Kelly Barger, P.E., Project Management --'nit
Pdr. Don Morton, P.E., Highway Design Branch
Mr. A. L. Hankins, P.E., Hydraulics
:,Ir. John Smith, P.E., Structure Design
Mr. B. G. Pa,zne, P . E . , Division 10 Encrineer
W. D. Jo;:ns01,. Roadside Envir on j°I, gal
Mr.
6J}yc ,,. STATE
• -
1994
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT, JR. DIVISION OF HIGHWAYS R. SAMUEL HUNT I I I
GOVERNOR RO. BOX 25201, RALEIGH, N.C. 27611-5201 SECRETARY
17.
7 'l-
1(.; a a. m . _ . . No - Tit
I 1? LL -2
T_ r
,y
C... `' _ _ it Cl'_' Cjc
CL'._.'-l
3.. Z
1-Li' -r J_
C_ ?JcC a to 'je L?1111P'c. CL16 tD oiit-.lo? ? = l oL1L1 ? -'?1u
.-.1t F ' !?!1 l.ll•`_?. :10? l.li ?i1?.C' CD _ ' l
r C ? -I
1 = C1 mac.. C. t1 Ci1 Jd r1 _ i1°_?
to o-. bl_= ate' dl: t.1 L15 he pl.-i t&Ci Wit", d
17p 111 11CX L:iidP. 1 E .
0
The amoraisal of the Mill-.1 property l:as b=-en Coimplet-d
s_r is part of larger parce-I that "rias de eloped by
Charter Properti°s. Since_ this poor t cn Of the p::onerty was
never develo-oable, no mans have °_ver nec_-n orepared of the
site in ::elation to L_itner Drive, which was, built alcrIc. with
aCjacent shopping _-c,mp1e:;. Due to the unavailaLility of
an aC-7-quate- map for Site planning, a sti-'vCv will al SO Je done
b? N'CD0T lit Nar Cli -7l e propert r p mil' i-a_ and S _J t- e
oLI1 ?°_ GCI:o ' DL C i .'a i C' a_ r ?? L?- s ... b
?: c
ig!iL-OL-"viay
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AH H UAL REPORT FOR 1090
Little Sugar Creek Mitigation Site
Mecklenburg County
Project # 8.U870122
TIP *1-'R-211 DG
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Prepared By.
Natural Systems Unit &
Roadside Environmental Unit
North Carolina Department of Transportation
December 1999
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STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. t iUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 DAVID MCCOY
GOVERNOR SECRETARY
January 24, 2000
Mr. Steve Lund
4 +;
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 143 7'L- J Asheville, North Carolina 28801-5006
Dear Mr. Lund:
Subject: 1999 Annual Monitoring Report for the Little Sugar Creek Mitigation
Site, Mecklenburg County
Please find enclosed one copy of the 1999 Annual Monitoring Report for the Little Sugar
Creek Mitigation Site. This report details the hydrologic and vegetation monitoring
during the past year at the site, which is in its third year of monitoring.
A meeting to discuss this and other sites evaluated by the Asheville and Raleigh
Regulatory Offices has been scheduled for Wednesday, February 16, 2000 at l :00pm in
Room 470 of the Transportation Building. Representatives from NCDOT and various
other agencies will be in attendance.
If you should have any questions prior to this meeting, please contact Beth Smyre,
Natural Systems Engineer, at (919) 733-1175. Thank you for your continued support and
cooperation.
Sincerely,
6,00
C/
V. Charles Bruton, Ph.D.,
Assistant Branch Manager
Project Development and Environmental
Analysis Branch
Cc: w/ attachment
David Franklin, USACE
John Hennessy, NCDWQ:
David Cox, NCWRC
w/o attachment
Bruce Ellis, NCDOT
TABLE OF CONTENTS
SUMMARY ..........................................................................................1
1.0 INTRODUCTION ........................................................................................ 2
1.1 Project Description .......................................................................... 2
1.2 Purpose .......................................................................................... 2
1.3 Project History ................................................................................ 2
2.0 HYD ROLOGY ............................................................................................ .4
2.1 Success Criteria .............................................................................. 4
2.2 Hydrologic Description .................................................................... 4
2.3 Results of Hydrologic Monitoring .................................................... 6
2.3.1 Site Data .............................................................................. 6
2.3.2 Climatic Data ........................................................................ 6
2.4 Conclusions .................................................................................... 8
3.0 VEGETATION ............................................................................................9
3.1 Success Criteria .............................................................................. 9
3.2 Description of Species .................................................................... 9
3.3 Results of Vegetation Monitoring ...........................................10
3.4 Conclusions ......................................................................10
4.0 OVERALL CONCLUSIONS/ RECOMMENDATIONS ..........................11
TABLES
TABLE 1 - 1997 HYDROLOGIC MONITORING RESULTS .................................6
TABLE 2 - VEGETATION MONITORING RESULTS ...................................10
r-rr%r rr%rc%
FIGURE 1 - SITE LOCATION MAP ......................................................................................3
FIGURE 2 - WELL LOCATION MAP ...................................................................................5
FIGURE 3 - 30-70 PERCENTILE GRAPH ...........................................................7
APPENDICES
APPENDIX A - DEPTH TO GROUNDWATER PLOTS .......................................12
APPENDIX B - SITE PHOTOS ...........................................................................25
0
0 SUMMARY
The Little Sugar Creek Mitigation Site, located in Mecklenburg County, is in its third
year of monitoring. Approximately 21 acres in size, the site serves as mitigation for a
section of the Charlotte Outer Loop. The site was originally constructed in the winter of
1996-97; it must demonstrate jurisdictional success for a minimum of three years. The
Little Sugar Creek site is monitored for both wetland hydrology and vegetation survival.
One major change in the hydrologic monitoring process is the use of local weather
station rainfall data for the site analysis. The daily rainfall on the well data graphs is
recorded at a Charlotte rain gauge, maintained by the NC State Climate Office. This
data is being used because past the existing on-site rainfall gauges have proven
unreliable. These site rainfall gauges will be replaced with more reliable equipment
prior to the start of the 2000 growing season.
During the summer of 1999, the three sluice gates, located in channels on the site,
were closed to allow additional water to be stored in the channels rather than to
immediately drain into Little Sugar Creek. These gates had been reopened after the
planted areas had sufficient time to take root.
The 1999 monitoring data has shown no improvement in site hydrology. Though this
was a very dry year for the Charlotte area, the site often did hnotsow a groundwater
level within two feet of the surface. Despite the fact that the sluice gates were closed in
mid-season and a large rainfall event on October 10, 1999, the site did not show
sufficient saturation. The hydrologic data indicates that once water reaches the site, it
quickly drains from the central uplands into the channels prior to entering Little Sugar
Creek.
Vegetation su va?ry high. The average tree density for bottomland hardwood
species is 555 trees per acre after three years. Though planted shrub species have
only survived at 68 trees per acre, these species are becoming very well established in
the bottom and side slopes of the channels.
The Little Sugar Creek site, while not completely meeting jurisdictional wetland criteria,
is serving valuable water quality functions. NCDOT proposes to consult with the
resource agencies concerning future options for this site.
0
0
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1.0 INTRODUCTION
1.1 Project Description
The Little Sugar Creek Mitigation Site is located in Mecklenburg County. The site,
which encompasses approximately 21 acres, is situated at the intersection of Highway
51 and Leitner Drive (Figure 1). It is designed as mitigation for a portion of the
Charlotte Outer Loop project that extends from NC 51 to Rea Road.
The project provides for the restoration/ creation of bottomland forest, shrub-scrub
wetland, and emergent marsh. Though the site was originally constructed in the winter
1996-97, NCDOT performed supplemental planting work in 1998. The site is in its third
year of hydrologic and vegetation monitoring.
1.2 Purpose
In order to demonstrate successful mitigation, Little Sugar Creek is monitored for both
hydrology and vegetation. Success criteria are based on federal guidelines for wetland
mitigation. These guidelines stipulate criteria for both hydrologic conditions and
vegetation survival. The following report describes the results of the hydrologic and
vegetative monitoring during 1999 at the Little Sugar Creek Mitigation Site. Included in
this report are the hydrologic and vegetation monitoring results as well as an analysis of
local climate conditions throughout the growing season.
1.3 Project History
March 1997
March- November 1997
September 1997
March 1998
March- November 1998
September 1998
March- November 1999
September 1999
Site planted
Hydrologic Monitoring (1 yr.)
Vegetation Monitoring (1 yr.)
Shrub Area Replanted
Hydrologic Monitoring (2 yr.)
Vegetation Monitoring (2 yr.)
Hydrologic Monitoring (3 yr.)
Vegetation Monitoring (3 yr.)
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2.0 HYDROLOGY
2.1 Success Criteria
in accordance with federal guidelines for wetland mitigation, the success criteria for
hydrology states that the area must be inundated or saturated (within 12" of the
surface) by surface or ground water for at least 12.5% of the growing season. Areas
inundated with less then 5% of the growing season are always classified as non-
wetlands. Areas inundated between 5% - 12.5% of the growing season can be
classified as wetlands depending upon factors such as the presence of hydrophytic
vegetation and hydric soils.
The growing season in Mecklenburg County begins March 22 and ends November 11.
These dates correspond to a 50% probability that air temperatures will drop to 28° or
lower after March 22 and before November 11.' Thus the growing season is 235 days;
minimum wetland hydrology requires 12.5% of this season, or 29 days. Also, local
climate must represent average conditions for the area.
2.2 Hydrologic Description
Nine monitoring wells, one rain gauge, and three surface water gauges were installed in
1997 (Figure 2). The automatic monitoring wells record daily readings of the
groundwater depth. The year 1999 is the third season for hydrologic monitoring.
Three sluice gates are being used to control the water levels within the channels.
During 1997, the gates were intentionally left open to allow hardwood trees and scrub-
shrub vegetation an opportunity to initially grow in upland conditions. The gates were
closed to trap water in the site during the winter of 1997-1998. The top pipe on each
gate was later opened; however, too much water was leaving the site. The gates were
closed again in July 1999 in order to trap more water on the site.
Runoff from the surrounding area is the primary hydrologic input to the Little Sugar
Creek site. A stormwater pipe, running underneath Leitner Drive and located near well,
releases water collected from adjacent shopping centers. The monitoring wells on the
site are to show the effects of the stormwater collected in the channels as well as the
effects of specific rainfall events on the groundwater level.
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WELL LOCATION MAP
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a 2.3.1 Site Data
The maximum number of consecutive days that the groundwater was within twelve
U inches of the surface was determined for each well. This number was converted into a
Lf percentage of the 235-day growing season. The results are presented in Table 1.
Appendix A contains a plot of the groundwater and surface water depth for each
monitoring well and surface gauge, respectively.
The individual precipitation events, shown on the monitoring well graphs as bars,
represent data collected from a Charlotte weather station. The NC State Climate Office
provided this data. The rain gauge that is currently located on the site will be replaced
with a more accurate measuring device prior to the beginning of the 2000 monitoring
season, thus eliminating the need to use official rainfall information on the monitoring
well graphs.
Table 1
1999 HYDROLOGIC MONITORING RESULTS
Monitoring
Well < 5% 5% - 8% 8% - 12.5% > 12.5% Actual % Dates of Success
LSC-2 ? 1.3 April 28-30
LSC-4 ? 3.0 October 11-17
LSC-5 ? 1.3 October 11-13
LSC-6 0.9 April 29-30
LSC-7 ? 0.4 October 11
LSC-8 ? 1.3 October 11-13
LSC-9 ? 1.3 Apr. 30-May 2, Oct.
11-13
LSC-11 6.8 October 11-26
LSC-12 ? 3.0 March 22-28
The surface water gauges have indicated consistent surface water in the channels
throughout the growing season.
None of the monitoring wells registered success for a consecutive 12.5% of the growing
season. Each monitoring gauge showed a groundwater level of at least 18 inches
below the surface throughout most of the season.
2.3.2 Climatic Data
Figure 3 is a comparison of winter 1998 and 1999 monthly rainfall to historical
precipitation for the area. This comparison indicates if 1999 was "average" in terms of
climate conditions. The figure compares the rainfall of 1999 to that of historical rainfall
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30-70 PERCENTILE GRAPH
(data collected between 1948 and 1997). All of this data was provided by the NC State
Climate Office.
Charlotte was not adversely affected by Hurricanes Dennis, Floyd, and Irene, which hit
the state in September 1999. However, large rainfall events on September 4 and 15,
respectively, are directly related to these storms, and did cause temporary increases in
the groundwater level on the site. Based on the data collected from the Charlotte rain
gauge, the region received average or below average monthly rainfall totals during
most of the growing season. However, these monthly totals do not accurately reflect
the drought conditions reported in the area during the summer of 1999.
2.4 Conclusions
Drought conditions during the summer of 1999 proved harmful to most of the mitigation
sites across the state, and Little Sugar Creek was no exception. The site was very dry
for the majority of the growing season. However, large rainfalls as a result of storms in
the eastern part of the state only temporarily raised the groundwater levels on the site.
The data indicates the most of the water received onto the site remains in the channels,
and does not migrate into the central pods of the site.
7
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3.0 VEGETATION
3.1 Success Criteria
Success Criteria states that there must be a minimum mean density of 320
characteristic tree species/acre surviving for at least three years in the bottomland
forest area of the site. Characteristic tree species are those species planted along with
natural recruitment of sweetgum, red maple, and loblolly pine. Loblolly pine cannot
comprise more than 10% of the 320 trees per acre. No quantitative sampling
requirements were developed for the herbaceous and shrub assemblages as part of the
vegetation success criteria.
3.2 Description of Species
The following shrub species were re-planted in the Wetland Shrub Restoration Area:
Cornus amomum, Silky Dogwood
Leucothoe axillaris, Dog Hobble
Rhododendron arborescens, Smooth Azalea
Sambucs canadensis, Elderberry
Viburnum numdum, Possum Haw
Aesculus sylvatico, Painted Buckeye
Lindera benzoin, Spicebush
The following herbaceous species were planted in the Channel Areas:
Juncus effusus, Soft Rush
Scirpus validus, Bulrush
The following tree species were planted in the Wetland Restoration Area:
Quercus michauxii, Swamp Chestnut Oak
Quercus pagoda, Cherrybark Oak
Quercus phellos, Willow Oak
Fraxinus pennsylvanica, Green Ash
Betula nigra, River Birch
Quercus lyrata, Overcup Oak
® Quercus nigra, Water Oak
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1(Shrub) 1 0 2 3 30 68
2(BLH) 10 1 4 2 2 19 30 431
3(BLH) 16 1 2 4 1 6 30 30 680
AVERAGE TREE D ENSI TY 555
To determine tree density, 50'x 50' plots are installed immediately following planting.
The actual number of planted trees which occur within the plot are counted. This
number is equated to the number within each plot, which represents 680 trees per acre
(average). The survival monitoring number is compared to the planted number to
obtain survival percentage. This percentage is applied to the 680 trees per acre to
obtain an estimated tree per acre for the site.
Density = monitoring count x 680 (trees per acre)
planted trees
Notes from Report: Plot 1- Heavy grasses, some goldenrod. Plot 2- Heavy vegetation,
goldenrod, 6'-8' volunteer cottonwoods, and dog fennel present. Plot 3- Some deer
browsing, goldenrod and dog fennel present.
t;J 3.4 Conclusions
Approximately 9.8 acres of this site was planted in bottomland hardwoods in March
1997. There are two vegetation monitoring plots located in this bottomland hardwood
area, Plots #2 & #3. The results of the third monitoring event yielded an average
density of 555 trees per acre, well above the 320 tree/acre minimum requirement.
Approximately 3.2 acres of this site was planting with scrub, shrub species. Plot #1
results show a density of 68 trees per acre was obtained after replanting this section in
March, 1998. The remaining 3.7 acres was planted with herbaceous plant material.
From visual observation, (see photos) this plant material is becoming very well
established in the bottom and side slopes of the channels on the site.
i
10
e 4.0 OVERALL CONCLUSIONS/ RECOMMENDATIONS
After three ears of hydrologic and vegetation monitoring, the site does not appear to
meet jurisdictional success criteria for wetland mitigation. In this situation, remediation
is usual y expected in order to correct the problems of the site and to meet permit
conditions. However, remediation is an expensive alternative in this case. Because the
site is serving a valuable water quality function as a stormwater detention basin,
NCDOT would recommend that the site receive some mitigation credit.
Annual monitoring of the site will continue unless NCDOT is directed to do otherwise.
wa4
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APPENDIX A
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DEPTH TO GROUNDWATER PLOTS
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO. Box 1890
NUMINGTON, NORTH CARCLINA 28402-1390
:4ay 6, '993
;N REPLY HLFLH i U
Regulatory 3ranch
Action ID. 199200013
Mr. L. J. Ward
Planning and Environmental Branch
NC Department of Transportation
Post Office.Box 25201- -
Raleigh, Ncrth Carolina 27611-5201
Dear Mr. Ward:
l5 lJ UB U l xy.?WETLUMS GROUP
Y1ATER_QUAL11! SfC?''.
Reference the Department of the Army permit issued on May 19, 1992 which
authorized the placement of fill materials into waters and wetlands adjacent
McMullen and McAlpine Creeks to facilitate construction of a 5.4-mile-long
segment of the Charlotte Outer Loop Highway south of Charlotte, Mecklenburg
County, North Carolina and your written request of March 23, 1993, for permit
modification to clear and grub additional wetlands within the right-of-way for
the construction of temporary sediment retention basins and to construct two
temporary stream crossings for equipment access.
The permit is hereby modified to include the work as shown on the enclosed
plans. It is understood that all conditions of the original permit remain
applicable and that the expiration date is unchanged. The following
additional conditions apply to this modification:
a. Redirected upland flow at the McMullen Creek site will be routed
into a temporary sediment basin and not to the creek.
b. Outflow from the temporary sediment basins will be directed into
rock-lined splash basins and not ditched to the creek.
C. Upon completion of the highway crossings, the temporary stream
crossings will be removed in their entirety and the temporary sediment and
splash basins will be graded to an elevation at or slightly below original
ground surface. All disturbed wetland areas will then be revegetated with a
wetland seed mixture.
We have also completed our review of your Wet II Analysis of February 26,
1993 required under Special Condition No. 1 of this permit. Due to the
predominance of high and moderate values for most of the important wetland
functions :within the affected areas, it is our conclusion that a 2 to 1
mitigation ratio is required to adequately offset wetland impacts. Therefore,
-2-
Special Condition No. 3 of this permit is hereby modified to require creation
of 21.2 acres of forested wetland. This combined with the additional 1 acre
of mitigation that was agreed upon as resolution of the permit violations at
McMullen and McAlpine Creeks, brings the total mitigation requirement under
this permit to 22.2 acres c: forested wetland. By special condition of this
permit, you are required to secure additional acreage suitable for mitigation
within 6 months of the date of this letter. Please keep us informed of your
progress in this regard.
Sincerely,
James H. Bradley
Chief, Construction-Operations
Division
Enclosure
Copies Furnished (with enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
,Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
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R-211 DA R 211DD R-211D8
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N.C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
! .MECKLENBURG COUNTY
VICINITY MAP PROJECT 8.1670102 R-0211DA,DD,DB
I-485 (CHARLOTTE OUTER LOOP)
FILL IN WETLANDS FOR SITES I &.II
SHEET OF 13 APRIL 1992
t
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' J
JA:MEs B. HUNT. JR.
GOVERNOR
/:?.. sure
Z X
STATE OF NOKTH CAROLINA
DEPARTMENT OF TRANSPORTATION
DIVISION.' OF HIGHWAYS
716 West Main Street
Albemarle; \ortli Carolina 28001
January 25, 1994
ROADWAY DESIGN UNIT
RECEIVED FILE
FEB 4 1994
SUBJECT: Request for Quotation for Construction ti %17 ork
along Mallard Creek at Mallard Creek Church
Road (SR 2833) in Mecklenburg County.
Work Order 8.U670115 v
MEMORANDUM TO: Prospective Bidders
Please quote us your best price and terms for the work outlined below:
SA,M HUNT
SECRETARY
L _THOMPSON
?vaLFORD _SA.RaOU"
_.?%CHiZAN -FLOWERS
-±.6SITER MADDOX
AM T H -MORRIS
__:TEPNEY -TAYLOR
--.,.BACON _PURY-PAR
ficY
TP,
Location: The location for two (2) proposed wetland mitigation sites is along ivlallard Creek
near its crossing under Mallard Creek Church Road. See vicinity map on plans.
Scope of Work: Grade, seed and mulch- and reforest wetland areas in accordance with the 1990
NCDOT Standard Specifications for Roads and Structures as directed by the
Engineer. This project is being funded to create wetland areas within
Mecklenburg County to mitigate the loss of wetlands by construction of Outer
Loop Project R-211DA over McAlpine Creek and McMullen Creek.
Engineer: The Engineer for this project shall be the Division Engineer, Division of I-igh rays
for Division 10 acting directly or through his duly authorized representatives. It should be noted
that this project may be assigned to a Resident En!ineer and an inspector will be assigned to the
project on either a full time or part time basis.
Authority of the Engineer: The Engineer will decide all questions which may arise as to the
quality and acceptability of work performed and as to the rate of progress of the work; all
questions which may arise as to the interpretation of the contract; and all questions as to the
acceptable fulfillment of the contract on the part of the Contractor. He shall have the authority to
address special needs of the Department. His decision shall be final and he shall have executi' e
authority to enforce and make effective such decisions and orders as the Contractor fails to cam
out promptly.
Kg?
Page 2
Subcontractors: The Contractor will be required to obtain written approval from the Engineer for
any subcontract work performed on this project prior to the subcontracted work being performed
V
in accordance with Article 108-6 of the North Carolina Standard Specifications for Roads and
Structures.
Nfaterials and Testing: The Engineer reset yes the right to perform all sampling and testing in
accordance with Section 106 of the Standard Specifications and the Department's ">vfaterials and
Tests Nfanual". However, the Engineer may reduce the frequency of sampling and testing where
he deems it appropriate for the project under construction.
_ Basis of Payment: . The quawity of unit or lump sum prices and payment will be full
compensation for all work, including, but not limited to supertiision, labor, transportation, fuels,
lubricants, repair parts, equipment, machinery and tools, materials necessary for the prosecution
and completion of the work.
The quantities contained herein are estimated only and the quantity to be paid for shall be the
actual quantities which were used on the project. In no case will the total amount paid to the
Contractor exceed the total contract quote by more than ten percent without prior written request
from Division Engineer to Purchasing Section which will give Contractor written notification.
Please find attached a list showing bid items, units of payments, estimated quantities for this
project, unit bid prices, and total amount bid.
The Total Bid Column should be totaled to show the total bid for the project. If there is an error
between the unit price and total amount, the unit price shall govern.
The Contractor is invited to in-pect the project before bidding.
This contract shall be in the form of *a purchase order and will have no formal proposal. The
contract documents shall consist of the following:
1. The Purchase Order
2. This Letter
3. Bid Sheet
4. Attached Location M(ap
Any claims for additional compensation and/or eltension of the completion date shall be submitted
to the Di-vision Engineer with detailed justification within thirty (30) days after receipt of the final
invoice payment. The failure on the part of the Contractor to submit the claim(s) within thirty (30)
days shall be a bar to recovery-.
Page 3
The. Contractor's attention is directed to the fact that Article 104-5 of the NCDOT Standard
Specifications pertaining to revised contract unit prices will not apply to this purchase order
contract.
The Contractor w'• comply with section 107 of the NCDOT Standard Specifications pertaining to
legal relations and responsibility to the public.
Bonds: The successful bidder shall be required to execute both a Performance Bond and a
Pavnient Bond. Each of these Bonds shall be for 100% of the contract bid price. These Bonds
shall be on the State Bond forms which will be supplied by this office.
Contract Time and Liquidated Damages: The date of availability for this contract is February
11. 1994. The completion date for this contract is X•larch 31, 1995,
IA'hen observation periods are required by the special provisions, they are not a part of the work to
be completed by the completion date and/or intermediate contract times stated in the contract.
Should an observation period extend beyond the final completion date, the acceptable completion
of the observation period shall be a part of the work covered by the performance and payment
bonds.
The liquidated damages for this contract are Two Hundred Dollars (5200.00) per calendar day .
Intermediate Contract Time Number 1 and Liquidated Damages: Except for that work required
under the Project Special Provision entitled "Wetland Reforestation", the Contractor will be
required to complete all work included in this contract by June 3; 1994.
The date of availability for this intermediate contract time is February 15, 1994.
The liquidated damages for this intermediate contract tune are Two Hundred Twenty-Five Dollars
(S225.00) per calendar day.
Upon apparent completion of all the work required to be completed by this intermediate date, a
final inspection will be_ held -in --accordance with Article 105-17 and upon acceptance, the
Department will assume responsibility for the maintenance of all work except "Wetland
Reforestation". The Contractor will be responsible for and shall make corrections of any damages
caused by his reforestation operations.
Attention Contractor: After grading work is performed by the Contractor, the Department's
Geotechnical Unit will be installing observation wells on the mitigation site. These wells will be
used for the hydraulic survey of the project site. The Contractor in conducting his Nvork must
exercise care not to disturb these wells. Also, the boardwalks which are shown on the plans will
be constructed under a future contract.
PaQe 4
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Utilities: The Contractor will contact owners of any utilities located in work area before work
begins and cooperate with utility owners during construction of project. Any utilities damaged as a
result of the Contractor's negligence shall be repaired at the Contractor's expense.
Clearing and Grubbing: Clearing and grubbing shall be performed in accordance with the
NCDOT Specifications and as directed by the Engineer. The lump sum bid price for clearing and
grubbing will include all incidentals associated with peiforining this work. Clearing and grubbing
work that is directed by the Engineer to be performed on areas outside the limits originally staked
or beyond the limits of the right of way or easements shown on the original plans will be paid for
at the contract unit price per acre for "Supplementary Clearing and Grubbing."
Seedina and Mulching: Seeding and mulching shall be done in accordance with Section 880 of
the 1990 NTCDOT Standard Specifications. The kinds of seed and fertilizer, and the rates of
application of seed, fertilizer, and limestone shall be stated below. During periods of overlapping
dates, the kind of seed to be used shall be determined by the Engineer. All rates are in pounds per
acre.
AUGUST 1 - JLIINTE 1
1003 KY 31 Tall Fescue 100L,
15# Kentucky Bluegrass 15#
15# Hard Fescue 1.5#
500## Fertilizer 25#
4000# Limestone 500
4000x#
l%,fAY 1 - SEPTE-MBER 1
KY 31 TallFescue
Kentucky Bluegrass
Hard Fescue
Kobe or Korean Lespedeza
Fertilizer
Limestone
Approved Kentucky Bluegrass Cultivars:
Kenblue Glade Adelphi Baron
Bristol Challenger Columbia Fvlking
Merit Plush Ram I RuQbv
Sydsport Touchdown Vantage
Approved Hard Fescue Cultivars:
Spartan Scaldis Aurora Reliant
Valda Crustal Waldina
On cut and fill slopes 2:1 or steeper add 25## Rye Grain November 1 - March 1.
On cut and fill slopes 2:1 or steeper add 3011t Sericea Lespedeza January 1 - December 31.
Fertilizer shall be 10-20-20 analysis. Upon written approval of the Engineer, a different analysis of
fertilizer may be used provided the 1-2-2 ratio is maintained and the rate of application adjusted to
provide the same amount of plant food as a 10-20-20 analysis.
Page 5
Temporary Seeding: Temporary seeding shall be done in accordance with Section 881 of the
NCDOT Standard Specifications. Fertilizer shall be the same analysis as specified for "Seeding
and Mulching" and applied at the rate of X100 pounds and seeded at the rate of 50 pounds per acre.
Kobe or Korean Lespedeza,-German'A/Met, or Browntop Millet shall be used in stammer months .
anti Rye Grain during the remainder of the year. The Engineer will determine the exact elates for
using each hind of seed.
Fertilizer Topdressina: Fertilizer topdressing shall be furnished and distributed in accordance
with Section 886 of the 1990 NCDOT Standard Specifications. Fertilizer used for topdressing
shall be 16-8-8 grlde and shau be applied at the rate of 500 pounds per acre. Upon written
approval of the Engineer, a different analysis of fertilizer may be used pro,?idcd the 2-1-1 ratio is
maintained and the rate of application adjusted to provide the same amount of plant food as 16-8-8
analysis.
Supplemental Seeding: Supplemental seeding shall be perfornied in accordance with Section
883 of the 1990 NCDOT Standard Specifications. The kinds of seed and proportions shall be the
same as specified for "Seeding and Mulching", and the rate of application may van= from 25 to
75# per acre. The actual rate per acre will be determined by the Engineer prior to the time of
topdressing and the Contractor will be notified in writing of the rate per acre, total quantity needed;
and areas on which to apply the supplemental seed. N,linimum tillage equipment consisting of a
sod seeder shall be used for incorporating seed into the soil as to prevent disturbance of existing
vegetation. A clodbuster (ball and chain) may be used where degree of slope prevents the use of
a sod seeder.
Mowing: The minimum mowing height on this project shall be six inches.
Matting for Erosion Control: Matting shall be furnished, placed, and secured in accordance with
Section 885 of the 1990 NICDOT Standard Specifications. This work consists of furnishing.
placing, and securing either jute matting, excelsior matting, or other approved matting on shaped
and seeded drainage channels, slopes, or other areas at locations shown on the plans; or as directed
by the Engineer. The quantity of matting to be placed will be affected by the actual conditions
which occur during the construction of the project. The quantity of matting may be increased,
decreased, or eliminated entirely at the direction of the Engineer. The contract unit price per
square yard shall be full compensation for all work including but not limited to furnish all matting.
staples, and other materials; and placing ancrsecuring the matting.
Sediment Control Stone: The Contractor shall instal the sediment control stone in accordance
with the details in the plans and these provisions at locations shown in the plans.and as directed by
the Engineer.
The sediment control stone shall meet the requirements of section 1005 of the Standard
Specifications for No. 5 or No. 57 coarse agvgregate.
Page 6
The quantity of sediment control stone to be paid for will be the actual number of tons of No. 5 or
No. 57 stone which has been incorporated into the work or has been def'vered to and stockpiled on
the project as directed by the Engineer. Stone which has been stockpiled will not be measured a
second time. The stone will be measured in trucks on certified platform scales or other certified
weighing devices.
The quantity of stone, measured as provided for above, will be paid for at the contract unit price
per ton for "Sediment Control Stone". Such price and payment will be full compensation for all
work covered by this provision, including but not limited to furnishing, weighing, stockpiling;
rehandling, placing and maintaining stone; disposal of any stone not incorporated into project if
directed by the Engineer and any other incidentals necessary to complete the work.
Your quotation must be received in this office on or before 11:30 a.m. February, 8, 1994.
Quotations not received in this office by the specified time will not be considered and will be
returned.
Bidder must identify their quotation on the bottom left hand side of the envelope as follows:
"Quotation covering Project 8.U670115 to be opened on February 8, 1994 at 11:30 a.m."
The State reserves the right to reject any and all bids.
Very truly yours,
Benton G. Payne, P.E.
Division Engineer
BGP:DRH:am-.
PROJECT SPECIAL PROVISION
WETLAND REFORESTATION
Wetland reforestation will be planted as shown on the plans or as designat.d by the Engineer.
Wetland reforestation shall meet all requirements for reforestation in the Standard Specifications.
Seasonal Limitations: Seedlings shall be planted from November 15 LV- a -Ndarch 31.
Seedlings shall be planted. as soon as practical following permanent seedinJ and mulching.
Root Dip: The roots of reforestation seedlings shall be coated with a slurry or water, and either
a fine clay ("Kaolin") or a superabsorbent that is made to be used as a pare root dip. The type,
mixture ratio, method of application, and the time of application shall be -ubmitted to the Engineer
for approval.
With the approval of the Engineer, seedlings may be coated before deLn-erv to the job or at the
time of planting but at no time shall the roots of the seedlings be allowed to dry out. The roots
shall be moistened immediately prior to planting.
(Method of measurement will be the same as tree reforestation in the Standard Specifications.
Basis of payment will be the same as tree reforestation in the Standard Specifications except that
payment will be made under:
Wetland Reforestation ......................................................... ICRE
PROJECT SPECIAL PRO'ZSION
CONCRETE FOR PROTECTING SA_N7ARY SEWER
1.1 Description
- This .work consists,of furnishing and installing a concrete slab for protecting the existing sanitary
sewer as detailed on the plans, in accordance with these provisions and as directed by the
Engineer.
2.1 Materials
All materials shall meet the requirements of Division 10 of the Standard Specifications as shown
below.
Portland Cement Concrete ....................................................... Section 1000
Curing Agents ......................................................................... Section 1026
Wire Mesh Reinforcement ....................................................... Article 1070-3
3.1 Construction Requirements
Concrete shall be constructed in accordance with Section 825 and shall be given a sidewalk finish,
except as other-,,ise provided herein. Class B concrete shall be used.
Brooming of the concrete surface shall be done transverse to the longitudinal centerline of the
channel.
No back-Ul shall be placed upon the concrete until at least 3 curing days as defined in Article 825-9
have elapsed. Backfrll shall be compacted to a degree comparable to the adjacent undisturbed
material. _
r
4.1 Method of Measurement
The quantity- of concrete for protecting the sanitary sewer to be paid for will be the actual number
of square yards of concrete protection which have' been completed and accepted. In determining
the area, longitudinal measurements will be made along the surface of the concrete at the centerline
of the sanitary sewer and transverse measurements will be made along the surface of the concrete
at right angles to the sanitary sewer centerline.
RI
?. ]. Basis of Payment
The quantity of concrete for protecting the sanitary sewer, measured as provided above, will be
paid for at the contract unit price per square }'ard for "Concrete for Protecting Sanitary Sewer".
Such price and payment will be full compensation for all work covered by this provision including
but not limited to all excavation and backf ing, furnishing and placing concrete, reinforcing,
forms, footings, and incidentals necessary to complete the work.
Payment will be made under:
Concrete for Protesting Sanitary Sewer ............................... Square Yard
\ ` I ( t? L? 1 }\ ?\ lr \\
24
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UNITED STATES STATE OF NORTI-
DEPARTMENT OF THE INTERIOR DEPARTMENT OF CONSERVATI
GEOLOGICAL SURVEY RALEIGH, NORTH
4854 f NW
r.,L
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street Y Raleigh, North Carolina 27604
James G. Martin, Governor George T. Everett, Ph.D.
William %V. Cobey, Jr., Secretary May 18, 1 Director
Mr. Barney O' Quinn
Planning and Environmental Bra,:c1?
N.C. Department of Transport--a-_.J:.:;,-.
P.O. Box 25201
Raleigh, N.C. 2761.1-5201
Dear Mr. O'Quinn:
Subject:
Certif icat-Lon Purse.:.. c f _ _ eaaral
Clean Witer Act,
Proposed Cllarlotc i_
From i.n terchan,-,
Road
Projcc_ 491755,
Attached 1- ,_ - iS 1
to N.C. Departn,? . c :f Tr---,-
If ?.
we can i; _
contact us.
Sincere-y,
l
Attachments I
cc: Wilmington I';.trio`
Corps of Ern steers
Mooresvii1._ ?i Rec.un,']. '
Mr. John D:)i- i!? y
Mr. John P ij k,er
Central Fi-.: <: REGIONALOFFICES
Asheville Fayetteville Mooresville R.ilcigh Washington Wilmington Winston-Salem
704/151-6208 919/486-1541 744/663-1690 919/571-4700 919/946-6-481 919/395.3900 919/896-7007
Pollution Prevention Pays
RO. Rox 29535, Rileigh. North Carolina 27626-0535 Telephone 919-733-7015
An Equml Opp,rtuniry Alhnnauve Action Emplo)vr
r?
`" NORTH CAROLINA
Mecklenburg 117,, t
THIS CERTIFICATION it.
requirements of ?_ection 401 PubL -, ?2-: 00 and of the
United States an(-) subject to
Environmental N:aI,._ige„lent Regul Ot
15, 21-I, 0500
to N. C. Department of Tran-zpc'_ i _t
tC, an -=i-'I=1 c at ion
filed on the 21st. day of t?r:r- y l1
.. •. C'cjii:?i._I Cl: r: U.i_'- ?_on of
the Charlotte Outer Loop Troll - with N'_ 51 ?o an
interchange with Rea Road and i=. t 8. - a ct U ` wl- lands .
The Application provides a _i
?hat , sssula_tce _ . L_ __
discharge of fill material int.: t., =: rs. . r t.;• ,.;U? ;,ci
McAlpine Creeks in conjunc':_ c::i ;•..
Charlotte Outer Loop in Mecki?r:L;_; y .;ill r;ot iesult in a
violation of appi-'.cable Water `Y :a i_ .tandarc:;.q arici its ,i:ar ,
guidelines. Therefore the St
that
this activity wii). not viiolat,-• ] X02, 3: =, (5, 307
of PL 92-500 and PL 95-217 if_ f, a >t :ari _ _ nth the
application and conditions he.:
Condition (s) ,-)f Cert__f_1
1. That the ac:ti . ? ;. • ;
to r)re
vent s
'.n
_ t0i
r; i
7
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.. ....- _. • . .i t _ ?-. .. _ 1
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1,C)t
-
U ili. t Lion: ?i?:.
by the _....... ,
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.i J. C.•ri(f 1. i r, _ .
Violations of any condition: ;: eit; ?eL i%=;rLh s}, esult in
revocation of thi. Certificat
This Certification sha7
above condition
This the 18th day of __
DIVISIO, Cr, E,jVit
WQC# 2738
Meckloop.doc/jrd-,1tc
Charlotte Outer Loop from NC 51 to Rea Road
Guidelines for Wetland Mitigation and Monitoring Program
State Project No. 8.1670102; T.I.P. No. R-0211
April, 1992
I. Monitoring Time Frame - Mitigation site shall be
inspected at the following times:
A. Prior to planting.
B. At completion of planting.
C. One (1) years following completion (or after 1st
full growing season).
D. Three (3) years following completion (or after 3rd
full growing season).
II.
Data to be obtained at Specific Inspection Times:
A. Prior to planting - 10 acres:
1. Check for proper elevation and grade, get the
permitting agency's approval on the elevation.
2. Check for proper plant species and for
z 1>_? ?? acceptable plant quality:
25% Fraxinus pennsvlvanica -Green Ash, 15-1811,
Seedling
25% N ssa sylvatica -
Black Gum, 15-1811, Seedling
_
25% 0 4uercus lyrata
Overcup Oak, 15-1811, Seedling '
25% Ouercus nigra -
Water Oak, 15-1811, Seedling
Note: Plant species are contingent upon
availability at the time of planting.
3. Check for proper planting methods.
4. Check for proper plant spacing (8' On Center,
680 seedlings per acre).
B. At completion of planting check for conformity with
plans as well as quality of planting.
. , r J
C. One (1) and three (3) years following completion
(or after 1st and 3r(4, full growing seasons).
?je ?j,? - collect data
1. -Ezt-i to survival rate (optional
if-- i-t can-b_e_-°d-etermined)-.
2. Measure height of plants.
3. Take photographs.
4. Estimate percent population:
a. Planted species
b. Overall (natural succession).
III. Evaluation and Recourse Action:
A. Acceptable survival rate (50o population planted
and natural succession of desirable species).
B. Three (3) year data evaluation:
1. Below acceptable survival rate (recourse
options) -
?f a. Replant (supplemental or complete)
b. Minor regrading
j,? c. Discuss corrective measures with
environmental review agencies
d. Reevaluate feasibility
2. Acceptable survival rate - no action.
Vr.vc- Zv /-?- -
3
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
Action ID. 199200013
March 2, 1992
Mr. B.J. O'Quinn
Planning & Environmental Branch
NC Department of Transportation
Post Office Box 25201
Raleigh, North Carolina 27611-5201
Dear Mr. O'Quinn:
N D I P 0 1992
WETLANDS GROUP
WATER UALITY SECTION
Thank you for your letter of January 14, 1992 in which you responded to
our request for additional information regarding your recent application for a
Department of the Army permit to place fill material into wetlands to
construct a 2.4 mile segment of the Charlotte outer Loop Highway. We find
however, that certain requested information is still lacking.
As proposed in the application, this segment of the outer loop will not
tie into any existing road network but will simply terminate on the east side
of McAlpine Creek. According to your .letter, design work is underway to tie
this segment of the outer loop into a relocation of U.S. Highway 521 from the
North Carolina/South Carolina State Line. Because the outer loop crossings of
McMullen and McAlpine Creeks are dependent on the relocation of U.S. 521 in
order to functionally carry traffic, the design plans for U.S. 521, including
all wetland crossings, should be incorporated into our current permit review.
If plans for the relocation of U.S. 521 cannot be provided at this time, then
you should consider withdrawing your c°arrent permit application. At your
request we will process the current ou?:er loop application to completion.
However, without sufficient justification in terms of immediate public
transportation benefits, it is unlikely that we will be able to authorize the
destruction of 8.9 acres of functionally significant bottomland, hardwood
wetlands.
We have also inspected your proposed mitigation site on county property
adjacent to Mallard Creek upstream of mallard Creek Church Road. We find that
much of the site does not have hydric soils and may not flood frequently
enough to support the proposed establishment of bottomland hardwood wetlands
without some substantial grading and manipulation of hydrology. It is
doubtful that the proposed on-grade planting would succeed in compensating for
lost wetland functions at McMullen and McAlpine Creeks. Portions of county
property on the downstream side of Mallard Creek Church Road that are
currently mowed for hay exhibit soil and hydrology characteristics that are
much more favorable to the reestablishment of forested wetlands. We recommend
-2-
that you explore this alternative with the county. In order to proceed any
further with the current mitigation proposal we will require additional
information including existing flood frequency data, plans for recontouring
and establishment of wetland soils and hydrology, and schedules for
construction and monitoring of the site.
Enclosed is a copy of the letter from the U.S. Fish and Wildlife Service
commenting on the public notice for this project. Please review this letter
and provide us with any comments you may have.
Please provide the requested information or let us know how you intend to
proceed with this application by March 28, 1992. If you have any questions,
please contact Mr. Steven Lund at telephone (704) 259-0857.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copy Furnished (without enclosure):
Mr. John Dorney
NC ?ppartment of Environment,
Health and Natural Resources
X i vision of Environmental Management
Post Office Box 27687
Raleigh, North Carolina 27611-7687
f?NTY: A - c / l<^ 5
APPLICANT: 1Y6- 10 c'7-
PERMIT NUMBER:
REASON DONE:
TOTAL # OF ACRES AND TYPE OF WETLAND: '(/.S-
`T 7 S'-s-
LOCATION:
C. d d? L /,1 J f G ?! ?./ ?C ( CC?Gr ?C Y f r J OTHER INFO:
%'«? -•? PERMIT NUMBER:
?,•, _J, r COUNTY:
Ldp
APPLICANT: ,t)c ? -17 ?' /1L< CO-/
REASON DONE:
TOTAL # OF ACRES AND TYPE OF WETLAND: 7 6, Z
LOCATION: Cl.i/?f?
OTHER INFO:
?? f
. •' s
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO April 30, 1992
Regulatory Branch D L5 ?U)_ ?? ll????
Action;ID. 199200013
f 1hy 1 1992
Mr. Haynes Johnson, Chief
North Wetlands Regulatory Unit "'-'-
US Environmental Protection Agency,., i'''Tt( Gi.?l
345 Courtland Street, NE
Atlanta, Georgia 30365
Dear Mr. Johnson:
On November 14, 1991 we announced by public Notice the application of the
North Carolina Department of Transportation (NCDOT), Division of Highways, for
a Department of the Army (DA) permit to place fill material into approximately
8.9 acres;of forested wetlands adjacent to McMullen and McAlpine Creeks to
construct a 2.4-mile segment of the Charlotte Outer Loop Highway" south of
Charlotte, Mecklenburg County, North Carolina. In response to comments
received, the applicant has submitted revised plans which extend the eastern
boundary of the project to a functional terminus and which propose mitigation
for a portion of the wetland impacts.
The eastern terminus of the project has now been extended approximately
3 miles to the proposed Rea Road intersection. The extended roadway would
impact small, headwaters streams through crossings and channel relocations at
eight additional locations. Additional impacts would total .1 acres of
wetland and 2.5 acres of open water area. Enclosure one describes the
location and amount of each additional stream crossing. We have determined
these impacts to be minimal and to qualify for Nationwide permits but we must
include the impacts as part of the individual permit currently in process.
The applicant has also proposed to mitigate for a portion of the wetland
impacts at county-owned property adjacent to Mallard creek on the northeast
side of Charlotte. The original proposal was to plant bottomland hardwoods
over the entire 10-acre site. However, after an April 24, 1992 field
investigation by this office, the NC Division of Environmental Management and
NCDOT, it was determined that only about 4.5 acres of the identified site is
suitable for wetland mitigation. The majority of the property on the east
side of the creek consists of mature floodplain forest vegetated with green
ash, boxelder, sycamore, and black willow. Most of this area is also
jurisdictional wetland. The areas i&-ntified on the enclosed map
00-
-2-
(Enclosure 2) as suitable for mitigation have undergone significant
disturbance of vegetation in the recent past and are now in the early stages
of succession. We estimate that there are 11 acres of Mallard Creek
floodplain within county ownership immediately to the north of Mallard Creek
Church Road that would also be suitable for forested wetland restoration. The
applicant is pursuing concurrence from Mecklenburg County for the use of some
of this land for additional mitigation.
Due to the applicant's concerns over local transportation needs and
meeting established schedules for fund allocation and contracting, we desire
I finalizing a decision on authorization for this work by May 19, 1992.
Therefore, it is our proposal to condition any DA permit to require the
successful creation of 4.5 acres of bottomland hardwood wetlands in the areas
indicated on enclosure two. Futhermore, we propose to require the NCDOT to
run a WET II analysis of all affected wetlands. Based on the results of that
analysis, additional mitigation acreage will be required by permit condition
to adequately offset wetland losses at McMullen and McAlpine Creeks. If a
suitable mitigation site is not immediately identifiable, a strict timetable
would be included in the permit to secure one. We consider these procedures
to be applicable only to this particular segment of the'outer loop project.
Any future highway work of this nature will require that the NCDOT identify
suitable mitigation area(s) of adequate size before DA authorization is
provided.
In regard to your written comments on the public notice pertaining to
realignment of the proposed roadway across McMullen Creek, we have determined
that such an alternative is not practicable. Local land use controls over the
past 10 years since completion of the EIS have locked-in the road corridor
through the heavily developed Carmel subdivisions area situated between
McMullen and McAlpine Creeks. This plus the required geometry of the proposed
road as it turns to the east and approaches the McMullen Creek crossing makes
an alignment shift to the south impossible without relocating a number of
homes.
Please review the enclosed project revisions and provide us with any
additional comments you may have by May 8, 1992. If you have any questions,
please contact Mr. Steven Lund, Asheville Regulatory Field Office, at
telephone (704) 259-0857.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosures