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HomeMy WebLinkAbout19941115 Ver 1_Complete File_19921102r . ,. N. C. DEPART31ENT OF TRANSPORTATION TRANSMITTAL SLIP DATE I \ 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: Oak !?V 1 a r srnr? ?? O •? ar. d 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 (/ ?? J J n \ 368 01 tion ?>r ?SUbun - \V??;+ ?P: •`:I•+?I• `:'1 •? I '?? °? ??r?? rl?? !I '7+) i\:? O? .? : • IT r?,,???: J,? j. `/{ ??'.L/l,% ?? ?? ??? 1 ?! / ??????31 (?'? boa 00 Q •f :?/., ?5 ?'`-?]i l-? \ ?..,?___.? /ice^??- ."? ??? °' ?\'?r-'? .:ail:- ;;?`:?::?'.• r'`_ :.? :?? `'?? , ???. .?, __ ??-- ?`. ??" ? D- -,??? ° ,?; \? /?: ? ? :U •.\ '\ i -may l?rl/? ?? ?' ?. V???, ?. iii / I ???0? / •.? ?? tel. ?. ..?• ?•• ?. ???.`,??•????//???. %y i r???? t1QT \??? ? \?/ ??O '?1`pa= '- ?1;/ i 1? 1-?-?'??r''?\ ?? '•? ?-? :..?Y.. ,+?'•%. C'\., 'W 7. / rte. ?I? \\\'?•\? 1 s??`-? i. '?' r? M`= a ?,, ?? ? ? ? ? /% v\ INPUT ZONE ' r ASSESSMENT AREA A: ? )?? ?? •? C ? C I )? ? ?>? 1 l?/ o,? -` ??C r=?inpACT ARE. Jw, RUB ? ? ?? `?\ (J? L' . ?.• ?' ` 'r INPUT ZONE /I \U I ? 361Y ? f ?\ 1 IMPACT AREA ?- ?- <<-- AssESSMEMr AREA \C ?1 ?,?1 w, , , 596 ° SERVICE AREA `- m bs lion 600 \ 1 u,. l,i ?; `? ? 1;?II,t1•?, l `;w1 ! P,ar(7i.?- ?'?C< <?c- ?`?,??? ? ? ? ? 5--?``.v `?, w ?? : I ? ? 0 ?? ?''"y MCAL.PI NE CREEK IMPACT SITE N''? (? =??(?`? ???\? ' :?? • • .I t MCMULLEN CREEK IMPACT SITE SCALE V=2,000 Fr i ? \ are °'? USGS QUAD WEDDINGTON 1???1v" II l ??I?`?/??` 7r= ? ?\\•,• `? ??\ ? ? I / I ///??\ l `. •(?!??? i I '\ ? 1f ^.` 1 1 !-?P?' '1\ ? ?? ??\ ??\."/? ? - •/!/ \ `N. . /??( / `I!? I / ff ?Lf 74- 3912 or, t ?1 v t 'c 19 . LL 10 20' ??__ (,?_ (,,??I'?/ ^???1 it ?1, l; ,) ?(- ?? r 1(x,1/?'^\\\ \? LL U `\?? _/,L) ( i(? y <<% f!1 , 400 \ \. 17 X?`;? •5? ?I ?n?' _??L ?? I?'?? ??I?Wc ewag?. ?L? 3909 sERVI_ rL AREA i 0.?./ ? ASSESSMENT AREA IMPACT AREA S?' 1??.. , ??? ? ? ? f% ? r??: ? • t- u 666) 3908 \A ?--? °) ?? ,- 600 IIW 77 /; ?y/? ol??J% `•1 INPUT ZONE I ?111?\?'?'?1? f 1 '^ O ? ? Q ?? ?/ ? ???% .I ??? . ?w. :t11 ? "?-' - , r it F'? i?l?V.7iS ??• kCrook 3907 00 r _ v 6f Nor Carolina ?% i' \ u Roll, R-211DA MITIGATION SITE p SCALE 1"=2,000 FT S 161 " USGS QUAD HARRISBURG ?V ??) i ?J %'?'.? ( / \?"?`?'/'?, lL? %r ? ( -11 > 1 1 A 11( P 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,, \j ?? 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 ?a S Y ?C, 0 ? Creek C-(e e k 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. + Y.N , VM ~{ . m? lnd? - ?? G.ISMIH Lulw (?; a; ???. " -' ? ? ?c ? - , o?Me? - • '° K?anapalis ?I".?'?? - ' r , f ' mcolnl nik }?'n '? Tll.n{ r Oahu u.n r i• ftltw.ll wl , a L ', ` e ,t 11 N.• leAOtl ` istmA 'tN „h C/MM. Lp.urill. Wl.1?f«1f m"A F1464441 i fN fM.b ..r .111'.x! 4Wnl1N,1 ? \ ! , 4 • ?••'?r GI{ffrlfvl! qlw f 1,11.1. Iw. , 11t. ' 1 u S / +! ' tws:? 6! m 1 G A ` a r / r' i ?+ nlt0urf t ?' S t !"'!L j3*, ' 1 ' r NtvuN1 ! Lmu+ ' a w t Kill BEGIN PROJECT s , ".: iM1 IN . ».+? . *•?' ._ .Clb~ .1.,:,_.I - , EC! E END PROJECT -- 11 ". /.HIM q•+w 1 ! +? l.fln?{ vli(i I V , 9 W" 0 d 160 ?,u 11 { 1 s111y1f. A i110at ?' r e SCALI Of IfA It ?i> { • / Hued# 6etlplt 34 44 R `\ / Y Alk. w ROJECT ` ARIA SITE I\. MCMULLEN CREEK "..`.. SIT IE •" ! .U % I O.P. SITF X END PROJECT SITE Z SITEMI t' ,? • ' • --:.. 517E Y?L > ', tom. •, ... ?\ ra TRIM ?£NgtiAVEN LA 151T E Ix r, Tit161A %`.` ELM LANE SITE X r +?` ?4 X11 R4 211DA P-2110D R - M '• a ,w y ?,• .1.d IM V .w h f 1 ? 1 .?•Y?Y,ii?-Oar www .. Ip.lt-K+r+. e.r.rati.-r p,• N.C. DEP•.T. Off' TRANSPORTATION 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$ET OF APRIL 1992 __ •r ._ nn_ cn_nncC nC-10_nn n7 .O O./ Df11 MA,T'19 '92 16:21 COE-ASHEVILLE t•. ? t f? x I V 7 K / y 1 b" t G 4 s a t 1 f c ' I >~ b x? V b 40 •t D ? ? ? Q,?A•? ?,rp I o aC r / 1 .1 265 r 442 (. d I I ?l r. G/ tf w i Q Lu 4 . d ?JJ.+ U' SITE I K.C. bEP'X'.. OF ITRANSPOttTAxION DIVISION OF JtlQHWAY8 NVOKLBNSURO COUNTY PROJROT 8.1870102 1?-OUIDA, DD I DB 1-486 (CHARLOTTE OUTER LOOP) FILL IN. WETLANDS FOR WES Y & II SHEET ,,. ,. OF 76.5' APRIL 1952 7~0 k " U.S,9 M'ALLARD' CREEK CHURCH ROAD 1 ? 1 i I.' 1 1) I11 • S , ?lj ;E ? r . r .\.,. 1 11 Vf?' 1 P:5- ?1 • 16 4 ' sro RAn . t,l . d • k- \ ?J I, ; •' rr1 \ I) X1\1 1 (1 1 ' 1 1 1 10 • c 1 , 1 'r \ r ?? 1 I ? •. \ 1? w ,40 1 1 IY4 1 •?T?Rt$%)rARy FI_OODWAY DISTRICT r ENCROACHMENT LIN; .` 10 ACRE SITE ? 1 . 11 ? . h r"? • 1 1 ., 4 11 1 ? x _x / AREAS SUxrABLE o ioo 200 300 FOP, MMTXGATxoN ?. 1 PKO Po 59-D Ar- y-'r 6, ATr-0A) Sr rF- n1 G D o i " PRO :a FG.-r 02) 1 3A b 0 013 Cr HA R LO•rrE O VY-Er` 1... uc) P Fr)-)- A r" i AcMuL4.FnJ A?JD /AC, Aj-prtiJr CfZEEK?5 -14A1? Lo7TE ?AlFc_KLFt3avt,(r Cou&) ; N s N ?>: r z y. olr z.?' ?,,.??. it . .,,.? !-/ '7 ?.x? d can. •--1 ?? 3...t.n p ?'? ?! b'1? ? I ' ?c? `o q `da i?z??'?? .?.-?.? rid •t 4? ?N ? = ? mac, ?--? ? 5' (? ? "? ?i'7 ?,•.? ? W C7-? ? 4 c? 4? d ? •? 002 oo? 001 o , , x X, ? rl 4- fI • 111 1,\? 3115 ?Hov OL Ml .INBWI-I3b0,60N3 10181SIO Jed/A0001:1 y ?y •'? If r \ +r?. it/? \ ? -'1 ( ?' .1 / ? t /. •r ? .., ' 1' `w , ? .. \ 1 . ? 1 1 , 1 • v f 1 1 ` I y f, , w ? 1 rM??. . . \ , O VOY HOWHO x33 0 ?,GU.V -71V.-W 6, 'S'n 4, S APR 1 21993 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 h I rm -n c c :ju m 0 m z z C-) TD CHARLOTTE US 29 TO I<ANNAPOLIS----,. - I I I I _1=-_- cD f r IIII ? I IIII ? I IIII l ? m 0 r l l l I r- z C) I? I I z p (n m Z I ? m -' ?C ° n ? ( ?I I I ml o > ° _ I l m ..? _- ..? ?I I -Di z cn CREEK - - 1 , IAI ?. ?. MALLARp - r , - - x _ _ I O -1 Ico EX. WOODS P• u m L Ivl I ? ? II IIII U -` - i ? N _?/ o o Sa ' 06q ,u m 0 A m (n C x z O rnz N . i o 8 z O - \ - \ - \ - \ - \ - \ -{ -G D x ::F: -u D m -I m 61 m O? a) Z7 "U z -I M -+ -I -+ -+ -F -I- m ?u p r- .. 7 7 0 0 > x K z N -' V1 0 0 0 z -Ti 0 ' o C c c K x D n -? (n - -• (D 1 (D -1 0 -1 U1 cn p x -1 c -I D m m ? -Ti m D 2 m x 0 0 o o -• ::7 r .-• O r xm m c c c D m -<zx rm D 0 0 0 0 c • 0m N V) N m -• - -< - (() CT) • (J) -I 2 -? m - 1< < •-• 03 -4 O D D o v •-• m O 0 1 o m Iv < -? r G7 W r D -i f a 0 0 -I- 4 D m (n m •-• m ? i 01 C 0 - 0 w D rm > zz W X << z D G? '-' m o -? 17 -• - 0 r •- cn z z U) -4 m 0 7 -+ -• O < W < 0 rt Z= --1 D D O (D (D - c z C) D 0 r- > 7z x - 77 :E "1 N - X Oor r M rri - - - 0 . -u z D r 0 - O C z O rn m O z •-- - co - 0 0 x E3 ti c) U) = x 0 m O N W - O c c) z co --I r n 0 E3 -1 Vl n n- -< -i m -' T (D 2 x m D zoo v U, (D -' cD n mzz n cu r 1 c 7 r r r i m 00 m D 7 Ui l D ?7p 0- z co c I -, co uj -I (n K -i 11 4 -• oo a m I -1 ? - U) co C)c Z N (D O D m ?u m G) (D (D 0 (n - • N O co 0 0 Q T. N (D (n _{ --I K a - • (D (D I _9 0 mOW m - - Q O n x m -1 -• D -• a m r = O -Ti = D (p cll - r O z c 0 O to I -• O . z x 0 -, D U) n o m 07 co tp (D N 0 t D ' a (D .. z 0 r a -1 r (/) W ? n CmD (D m z:u z 7 z -1 3z :? Q to -i O z Rt Z 0 co (o -1 O x 0) z C) p F- r m N N N -o v m n 0 c Lo Lo n z D D c n n z ;J 7u m 0 -i D z p z 0 m 0 (n m -I .. m O c) M D M -I o N Z -i O D z O •-- * m I 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 E: : =0ii - - i" ?.. ii1Ci ..E R C-u1 a t o l 3UB?ACT. `?lecizie, b,_7 `cj CC ,rt,7 - Charlo tte OL,.ter L OOP frcm In??r '_ang? w_ .1: C E1 ..e_ charg? .^iith feu 16 102; DOl_ 2 ? _ =?t ido Ac on ID 1992000133 . : :? . .._ . 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 Mitigation design 'etai l will be pursL:ed when t'ze site serve, is coiiipleLed. The-se site pIans :ti'1__ be _c'vle,,'iecl w the =egulatO.,7 dCic:iC__.. a- iiis i1::ormaL_G:- :J' eC0,11_S avca a:3le. T"Iai71: yc_,u Tor CCaoo_o: ail .."mil - "1 •? f? t -F you i d?,. a - cci:t a..• ^'l _ _ H n.?.,-Y questions-, pleases ? ?.,?IZCi cell s 919 ` aii1Ccr_l y, r ?`. i j. nn, P. E. AsslstanL Manager, P_anni nc << Env _ronmen_al E_ anc, cC :r. Jol:_. Do_n;2_ DI DEHNR 'It=Ve ?ti :d ?OA, As .ev?lle y B P Pro] e'_ Manag le'_,t Un_L i?r . A. L. Hanr:i:. ; F . E , rHydr au1 iC J:?1i11 :."viii=tli Y _JtIL'tCLLir- De Si_,J1: `Ir. B. Payne, F.E. , Di'visicn ?i'iginee ut T-D ?Ghn: Di r Rc7,r;sJde- Envi C•i:m9 a1 - C C AH H UAL REPORT FOR 1090 Little Sugar Creek Mitigation Site Mecklenburg County Project # 8.U870122 TIP *1-'R-211 DG I _ ,m }1 Prepared By. Natural Systems Unit & Roadside Environmental Unit North Carolina Department of Transportation December 1999 r. C a STATE 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 0 a 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.) 2 ¦ v' J J, . Place ! SITE LOCATION MAP lilt .?fi i ? Ili i , I, 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. n n ' Soil Conservation Service, Soil Survey of Mecklenburg County. North Carolina, p. 61. 4 1 1 ? h s I 1 0 0 U U o v b U I ? t% j r 00 e U II it III I FIGURE 2 WELL LOCATION MAP 0 0 2.3 Results of Hydrologic Monitoring 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 6 I r O Z t a d c m az o .1c M ?_ to N i N w c Go d LL c c U c ?a FIGURE 3 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 J ["I L Cl L n 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 0 9 0 3.3 Results of Vegetation Monitoring (3 year) ? ? :1 O ...D C • L c^i O O y y u O s 1 a ?' c _? ^ ? C ? Q ? y 1 ' O 0. '- ? U J O C n _i ? ? 3 = R = n C a. v? C7 c E E 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 n 11 L APPENDIX A Ci DEPTH TO GROUNDWATER PLOTS 12 c c c t 7F- (•ul) uol;e;ldlaeJd r T# A ? ? ; I F ' S 66•AON-80 66-noN' W 66-130-GZ 66.330.8 L N 3 N J Y V V L Q? 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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 Ydt c? - -t '1 r? a `?I ImU IC)tort - + N 57 {rlwi... S •. t? ; . -T ' 1 • tl tlY tlr\ `r Mounl XT arne l.ndr l cr Gdd Hdl Lrir t t\t, __ ,. uct 1 L t r, p 1 N /=rte ;I t 'Utto .nllt b rr l/•' I O Dtvid-.1-'{d6dlnnn' 10 I - 1 • +?IDCOInIDn?k GQ°d`-Ile Intntle r neliu III Kanna atis MnenMrtnrr t E \ ! ' I? 7?•a•' Iran ! I: .I r., `o....r tld.elt ! \S V N LLMAA t? t . L Jr, 1 _ ? l•+tfville 1 11 wrlrro rule ) •drn ! ? ! Moon ?ItntnIl U.n nit, I 1 ? t S x HylrStrtl? .per ttit I w«rrni I' I ,? t l 19 f? 1 1 r ..- Chttryrillt • , lrat r d \ 19 r ?, • vw2c ! 7I A R U S, 1 A N ' G A +? ' c tr s / t t. t brit , 1 tl f Htm7Mt .I I.set Btuemtrl ! 1 .nle?`T oun Holly t , Kings°k I CI . j I Hr.dl` t " It crrfl ' I t I - I, S • t !? Moon Ill ...? .\- + '1 - ) ChaL?Dtte+ ' , . . ...r Midltnd ' >• fit • r t,' `f ECT V , Mlm Itn6N Atrt ' r •, ,.,:: V BEGIN PROJ + II _ "71" t V ••rd ert .7 t 1 II? ' ?-•? ',y ) ECKLE P' END PROJECT - S ?tlMn 1 r S21/1 ..n %??tmpis t` M. c "I GvrtInonvillr b Io / II I t l ? U ?• /? + '? s to Stn,+nt y Il !il?«I " . k, . t t al ,, S 0 7o SG1t OF ff4tS o SCALE 01 IllOUtltI1S •? S r , N ] S I ? \•Mtrol 30 10 ?--"? ?\?\.1 \/t BEGIN ROJECT v ` ?f W ,r r r ' SITE I?? MCMULLEN CREEK .U ,t = v..r:? ....... ? SIT Ifs {? •r ",. '.. ! 1 ` S1TE 2: END PROJECT SITE X SITE= I SITEM ` r ..a "'''? L- :•;?: ENDHAVEN LANE TRtat +SITE IX ELM LANE •'r I? TRIVIA \ ?? - - SITE ?i ! .a a; rw R-211 DA R 211DD R-211D8 ut +a 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 7 r ' 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 y ? l \ ?N t. 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 ?//_ 1111 •?'??s.. ? ?? _ /el ?1 f?'7/??__? r ?•.A A 39- 1?? ?=>`1 ?1--J?? S ? ? ? \ i? - ?? ? ' }> •? ? ???/ ? ? ?' ??? ?. -6 84aP?? iL••\ T 1??? :??? LVv so Hill iae . 1 - C \ \• „ ?? ?? G ?LiI- it - `. \ ?l' 650^^x\ \`\? l \?: I ?1 \ ?. G!n\l+[I',rn?K ??•/?'%?/?-` ,.:6?4 ???s?'. ???? l., '?`'/fit \???\ 391 ?.)Iii ?ji; ( o ?i??.?-//r? ,?s??s(???- "??;- -??-r?• J\s,_:; '1?,?i 2 0' ?',?1\.• -_=-mil ?' l??`-?\? ; ,j-'_/? ?? ( ??? \:? I ; _ - .--- .\ ,? ?J i .^ =' 'I l ? °?:\ j,? 11 ?? ?irlii I r\`?.-\??(I``. ???/ ?"?-?1S ?\ J? \.. ? \Il ? ? I //?? ?`?_~\ \\" \c• \` 1', ? I'? 'r?` , ?'?j rl,?,-? ?,, , ?. A ?J? ;:? ? J , c-??? ?;? ? r ? l ' .ter. \? ? ._:? ??.',?.,; ,-?/; I • /.. r ;i ? ?! I'- 70?? 37f1 ?\ m .r.U .Jr Il/??i? •? ? \ ? A ?? ?lii? i,, ) C:?? ??'? 39 09 i? SERV ICE AREA All J ?? ?• i i ..?' r 1 1 eso (/?? ? Y r `65 >?I ASSESSMENT !``1 1 ENT ARE ^\ e \ o \? ????` `? - ? "'? IMPACT AREA ,(? ?-? g r 666 •? ?? VA. 3908 -_ •? INPUT ZONE 100 e / ? I ailc `.Park 0 390 ?? -}? -= - .-,(? - ,,?n . i •`!"%• ?j?o? - ?? r? R1 R-211DA MITIGATION SITE P/ ' 0 ? ? J• SCALE I"=2,000 IT •? _ ?sz i " USGS QUAD HARRISBURG e .r ?i Poo 3906 r v 00 d''5t u, 8C° 35°22'30" 3914000m.r 391 391 391 391 20 390 F r i 390, W v) F h? 390 4 F C C 3901 C C G C 4 s 1 T3 0' 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 ? . .. ....- _. • . .i t _ ?-. .. _ 1 ( ) i i ' _ . 1,C)t - U ili. t Lion: ?i?:. by the _....... , 7 l } .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