19950755 Ver 1_Complete File_19950721

-*i
State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
April 10, 1996
Dr. G. Wayne Wright
Corps of Engineers
P. O: Box 1890
Wilmington, NC 28402
Dear Dr. Wright:
AT.RMAI
C) EHNR
In keeping with your request, this office has circulated to interested state review agencies
U. S. Army Corps of Engineers Public Notice Action ID. No. 199504596 dated December 7,
1995 which describes a project proposal by the N. C. Dept. of Transportation, Division of
Highways of Raleigh. The project, involving the filling of approximately 11 acres of open water
and wetland to facilitate construction of the East Charlotte Outer Loop is located east of
Charlotte, in Mecklenburg County.
During the course of the revision of this project, four key agencies submitted substantive
comments, two of which have been forwarded to your office earlier. These comments and the
agency submitting each follows:
Division of Environmental Management - on December 19, 1995 (revised on January
22, 1996) issued the required Section 401 Certification. It is noted that the December
response required additional mitigation approval;
Wildlife Resources Commission - reported on March 22, 1996 that they were satisfied
with the avoidance and minimization efforts for the project. However, the WRC strongly
recommended sedimentation and erosion control methods for High Quality Waters be
used for those portions of the project that drain into Goose Creek or any tributaries
thereof in order to give the greatest degree of protection to the freshwater mussel known
as the Carolina heelsplitter. Additionally, stream relocations should be done using state-
of-the-art techniques. It was suggested that the NCDOT contact a WRC biologist prior
to these relocations;
Division of Parks and Recreation - as did the WRC, the Natural Heritage Program of
the Division of Parks and Recreation expressed concern over possible impacts to the State
listed Endangered, Carolina heelsplitter. This agency recommended the most stringent
erosion and sedimentation controls be implemented throughout the project (see attached);
P. O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
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1
Dr. G. Wayne Wright
Page 2
April 10, 1996
Division of Land Resources - suggested additional provisions for sedimentation and
erosion control and expressed concern over certain proposals as understood by that
Division (see attached).
Should you require additional input from the state on this matter, do not hesitate to
contact this office or the commenting agencies.
Very sincerely,
Jo . ?arke?r, Jr.
Inlan '4oordinator
JRP: jr/aw
cc: Division of Environmental Management V
Wildlife Resources Commission
Division of Land Resources
Division of Parks & Recreation
COE-Asheville

° RECEIVED
MAR 2 6J996
E6MRONMENTA^u CIEt
STATE OF NORTH CAROLINA
DEPARTMENT OF TANSPORTATION
JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR.
GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 SECRETARY
March 21, 1996
Regulatory Branch
U.S. Army Corps of Engineers
Wilmington Field Office
P.O. Box 1890 ---
Wilmington, North Carolina, 28402-1890
ATTENTION: Mr, Cliff Winefordner
SUBJECT: Mecklenburg County - East Charlotte Outer Loop (I-485 from I- 85 to
south of Idlewild Road); T.I.P. No. R-2123; State Project No.
8.1671601; DOA Action ID 199504596
Reference the 404 permit application submitted November 15, 1995 by
NCDOT for the referenced project. In subsequent correspondence, the U.S.
Army Corps of Engineers and U.S. Fish and Wildlife Service have requested
additional information pertaining to wetland and endangered species issues.
In their letter of January 10, 1996 the Fish and Wildlife Service asked
that we address potential imacts to the Carolina heelsplitter (Lasmigona
decorata) and investigate stream restoration at the Stony Creek channel
change. NCDOT explored local roadway alternatives in relation to the Stony
Creek crossing during the earliest design phases of this project. In our
permit application, two internal NCDOT memoranda addressing this issue were
included. As these reports explain, design restrictions precluded
re-creation of the existing channel length in the relocated stream. The
topography of the area adjacent to both sides of the proposed roadway is too
steep to allow creation of sinuousity without extensive changes in the
surrounding landscape. Such disturbance of the landscape would increase
siltation of Stony Creek. The proximity to bedrock is an additional design
constraint. On March 4, 1996 NCDOT provided an opportunity for natural
resource agency personnel to visit the site of the proposed channel change.
Ms. Janice Nichols of the U.S. Fish and Wildlife Service and Mr. David Cox of
the N.C. Wildlife Resources Commission attended this field review. Based
upon this meeting, it is our understanding that the design restrictions at
this site have been reconciled with these agencies. Although the Stony Creek
channel change cannot be avoided, the stream will be protected to the extent
possible during construction through implementation of NCDOTS's Sediment and
Erosion Control Measures. Streamside vegetation will be planted after
construction to filter surface runoff from the road.
The East Charlotte Outer Loop includes several stream crossings without
associated wetland fill. These crossings were not included in the original
application. Per the request of DOA, attached is a list of these streams,
along with their proposed structures and areal coverage. Please note that
only preliminary design is available for most of these crossings, as
annotated. This is due to the design and construction staging of the project
into six segments.
March 21, 1996
Page 2
The permit application includes dll of the East Charlotte Outer Loop,
extending 19.56 miles from I-85 to Idlewild Road. At this time NCDOT plans
to construct only the segment from I-85 to NC 49 (3.46 miles, R-2123CA & CB)
in 1996. The segment from NC 49 to south of Rocky River Road (3.1 miles,
R-2123CC) contains no wetland fill areas and is d.ue for construction in 2000.
The remaining portions of the project, extending 13.0 miles from south of
Rocky River Road to south of Idlewild Road (R-2123 BA, BB, AA & AB) do not
currently have set construction dates. It is expected that these segments
will be constructed after 2000. This construction schedule is directly
pertinent to NCDOT's coordination with FWS regarding the Carolina
heelsplitter. In their letter, FWS requested that NCDOT initiate formal-
consultation to address impacts to this endangered species. During the field
meeting of March 4, 1996, Goose Creek (R- 2123AB) was visited. As was
discussed at that time, NCDOT will initiate formal consultation by the
Federal Highway Administration with FWS. A field meeting by NCDOT biological
staff and FWS is scheduled for March 25 and 26, 1996. The purpose of this
meeting is to inventory all the tributaries leading to known Carolina
heelsplitter populations and to be crossed by this project. Since the
portions of this project potentially affecting the Carolina heelsplitter are
in the post-2000 letting schedule, we ask that you issue the 404 Permit
conditioned upon resolution of this consultation prior to construction.
NCDOT plans to let a construction contract for the Long Creek mitigation
site in August, 1996. The mitigation plan was developed by Environmental
Services, Inc. A presentation on the site plan was made during the December
1995 permit review meeting in Raleigh. Copies of the mitigation plan
document were circulated at that time. NCDOT intends to proceed with the
detailed design of this mitigation site based upon ESI's proposed plan.
Construction will be initiated within two months of the August 1996 let date.
The hydraulic structures will be installed and grading will be performed
prior to planting. We anticipate that all site preparations, including
plantings of bottomland hardwood seedlings, will be completed by December 31,
1996. An as- built plan will be forwarded to you within the prescribed time
period. Vegetative and hydrological onitoring will subsequently be initiated
at the beginning of the 1997 growing season, to be followed by appropriate
reports.
Thank you for your assistance. If you have any questions, please
contact Cyndi Bell at [phone], Extension 306.
Sincerely,
1(4
H. Franklin Vick, P. E., Manager
Planning and Environmental Branch
HFV/tp
cc: Mr. B. G. Payne, P. E., Division 10 Engineer
Mr. John Dorney, DEM, DEHNR
Mr. Steven Lund, DOA, Asheville
Mr. N.' L. Graf, P. E., FHWA
Mr. Archie Hankins, P. E., Hydraulics
Mr. Victor Barbour, P. E., Design Services
Mr. Tom Shearin, P. E., Roadway Design
Mr. Kelly Barger, P. E., Program Development Branch
Mr. Don Morton, P. E., Highway Design
March 21, 1996=
Page 3
STREAM CROSSINGS, EAST CHARLOTTE OUTER LOOP
STREAM CROSSING PROJECT STRUCTURE FILL AREA
SURFACE
WATERS
Stevens Creek R-2123AB 4 @ 2.4m x 2.1m RCBC * 0.06 Ha
Goose Creek R-2123AB 4 @ 2.7m x 2.1m RCBC * 0.04 Ha
Clear Creek R-2123AB 4-barrel RCBC ** 0.04 Ha
Clear Creek R-2123BA 4-barrel RCBC ** 0.08 Ha
tributary
Clear Creek R-2123BA 4-barrel RCBC ** 0.03 Ha
tributary
McKee Creek R-2123BA 4-barrel RCBC ** 0.06 Ha
Reedy Creek R-2123BB Bridge ** n/a
Reedy Creek R-2123BB 4-barrel RCBC ** 0.04 Ha
Back Creek R-2123CC 3 @ lift x 8ft RCBC*** 0.03 Ha
Back Creek R-2123CC 3 @ loft x 6ft RCBC*** 0.03 Ha
* Preliminary design of structure proposed. Fill area approximate.
** Type of structure proposed; no design details completed. Fill area
approximate.
*** Final design of proposed structure.
No wetland fill areas are associated with these crossings.
RCBC = Reinforced Concrete Box Culvert

U North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John R. Parker, Jr., Inland "404" Coordinator
Dept. of Environment, Health, & Natural Resources
FROM: David Cox, Highway Project Co ator
Habitat Conservation Program
DATE: March 19, 1996
SUBJECT: U.S. Army Corps of Engineers Public Notice for Action ID No.
199504596, review of application for North Carolina Department of
Transportation (NCDOT) to fill approximately 4.42 acres of waters and
6.75 acres of wetlands to construct the East Charlotte Outer Loop, from
1-85 to Idlewild Road in Charlotte, Mecklenburg County, North Carolina.
Staff biologists with the N. C. Wildlife Resources Commission (NCWRC) have
reviewed the information provided by the U.S. Army Corps of Engineers. Our comments
are provided in accordance with certain provisions of the Clean Water Act of 1977 (33
U.S.C. 466 et seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as
amended; 16 U.S.C. 661-667d).
The proposed project involves construction of a new four-lane freeway on new
location from I-85 to Idlewild Road in Charlotte. Impacts to wetlands and waters include
impacts to 4.42 acres of surface waters in four farm ponds and streams and the filling of
6.75 acres of jurisdictional wetlands. Mitigation proposed by NCDOT for these impacts
involves the construction of a wetland mitigation site on Long Creek.
We are satisfied with the avoidance and minimization efforts NCDOT has
undertaken on this project. However, we are concerned about the possible impacts this
project mat have on the federally listed freshwater mussel, Lasmigona decorata, the
Carolina heelsplitter. Although the crossing of Goose Creek and the tributaries are
upstream of known populations of the Carolina heelsplitter, the potential for impacts still
exist. We recommend that NCDOT use sedimentation and erosion controls for High
Quality Waters in the portions of the project that drain to Goose Creek or any tributaries
of Goose Creek. We support any efforts NCDOT can take to acquire riparian buffers
along Goose Creek for inclusion in the Mecklenburg County Greenway System. This
would help offset any direct or secondary impacts this project may have on the Carolina
heelsplitter.
AN
Memorandum 2 March 19, 1996
We are also concerned about the stream channels that will be impacted by this
project. All stream relocations should be done using state-of-the-art stream relocation
techniques. NCDOT should contact NCWRC biologists prior to any stream relocations.
Thank you for the opportunity to review and comment on this permit application.
If we can be of any further assistance please call David Cox, Highway Project
Coordinator, at [phone].
cc: Janice Nicholls, U.S. Fish and Wildlife Service, Asheville
Steve Lund, U.S. Army Corps of Engineers, Asheville
John Dorney, Water Quality Section, DEM, DEHNR
State of North Carolina
Department of Environment,
Health and Natural Resources ` 0
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes; Secretary p E ?--' N F1
A. Preston Howard, Jr., P.E., Director
January 22, 1996
Mr. H. Franklin Vick
N.C. Department of Transportation
P.O. Box 25201
Raleigh, N.C. 27611-5201
Dear Mr. Vick:
Subject: Modification of 401 Certification
East Charlotte Outer Loop from I-85 to Idlewild Road
Project #95755, COE #199504596, TIP # R-R2123CB
State Project #8.1671601
Mecklenburg County
Certification Number 3049 issued to N.C. Department of Transportation on 19
December 1995 is hereby modified to allow the fill of 6.75 acres of wetlands rather thatn
4.12 acres as mistakenly noted.
Please call Mr. John Dorney at 733-1786 if you have any questions.
cc:
Wilmington District Corps of
Corps of Engineers Asheville Field Office
Mooresville DEM Regional Office
Mr. John Parker, Division of Coastal Management
Central Files
Stephanie Briggs; NC DOT
Steve Kroeger
Jr., P.E.
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR.
GOVERNOR P.O. BOX 25201. RALEIGH. N.C. 27611-5201 SECRETARY
November 15, 1995
Regulatory Branch
U. S. Army Corps of Engineers
Wilmington Field Office
P. 0. Box 1890
Wilmington, North Carolina 28402-1890
ATTENTION: Regulatory Branch
SUBJECT: Mecklenburg County - East Charlotte Outer Loop (I-485 from I-85 to
Idlewild Road); T.I.P. No. R-2123; State Project No. 8.1671601;
DOA Action ID. No. 199504596; DEM #95755
, The North Carolina Department of Transportation proposes to construct a
new controlled-access, 4-lane divided highway from Interstate 85 to Idlewild
Road in Charlotte. This will include the entire East Charlotte Outer Loop.
Please note that this will include a 0.8 mile segment from south of US 29 to
NC 49, already under construction (R-2123CA). No wetlands were involved in
this segment. The new facility will partially overlap the existing I-85/US
29 Connector, which will be closed during construction of the new highway.
The existing I-85/US 29 Connector interchange at US 29 will be abandoned, as
a new interchange will be constructed at US 29 on the Charlotte Outer Loop.
NCDOT has completed detailed design of the East Charlotte Outer Loop
from I-85 to south of Rocky River Road (projects R-2123CA, CB, CC), a
distance of approximately 6.6 miles. The construction dates for R-2123CB and
R2123CC are scheduled for 1996 and 2000, respectively. We have preliminary
design details for the remaining 13.0 miles of the project, extending from
south of Rocky River Road to south of Idlewild Road (R-2123BB, BA, AC, AB and
AA). The construction dates for these sections are currently scheduled for
1999 or later. Therefore, this application contains final wetland impact
pjgc L. in
e impact assessm s for
drawings for the first 6.6 mil e
the-remaining portions of the project a pre imina is is in accordance
wi r ues o ugus or an i y to review wetland
impacts along the entire East Charlotte Outer Loop. The preliminary drawings
included herein represent the maximum impacts expected at these locations,
given no major shifts in project alignment. As detailed designs for the
remaining project segments are completed, we will notify you of any changes
in wetland impacts. For your reference, a project breakdown map showing the
referenced construction segment boundaries is included in the permit
drawings.

November 15, 1995
Page 2
Please also note that the wetland impacts associated with project
R-2123AA (south of Lawyers Road to south of Idlewild Road) are all located
south of Idlewild Road. These impact sites were included with the 404 permit
(DOA Action ID. No. 199401483) issued July 1, 1994 for the South Charlotte
Outer Loop. The limits for the South Charlotte Outer Loop were extended to
Idlewild Road per your request for an interchange terminus for permitting /?
purposes. We have included R-2123AA with this package for comprehensiveness, 'I'v
but ask that you do not include the 1.95 acres of wetland impacts associated ?e
with this segment in your permit review.
An Environmental Impact Statement for the entire East Charlotte Outer
Loop was approved on August 10, 1989. This document details planning studies
pertaining to impacts on natural systems and protected species. Copies of
the EIS have been provided to regulatory review agencies involved in the
approval process. Additional copies will be provided upon request.
On April 15, 1995, the wetland delineations for the East Charlotte Outer
Loop were verified in the field with Mr. Steve Lund of the DOA Asheville
Regulatory Field Office. The attached permit application package includes
drawings of the stream crossings and associated wetland impacts involved in
this project. On the application, the sites have been numbered separately
within each segment, as shown on the project breakdown maps.
As discussed above, R-2123CB (I-85 to north of NC 49) contains the
wetland impact sites for which final design details are available. No
wetland fill will be required on R-2123CA/CC (north of NC 49 to south of re?a`
Rocky River Road). Site 3 of R-2123CB includes two brid a crossings__at cI
Mal 1 ar r hi hwa m _an_access- __ramp_. A 2.3 acre
bottomland hardwood system is set back approximately 100 feet from the north
edge of the creek. In order to avoid filling this wetland, the mainline and
ramp bridges would need to be extended approximately 400 and 200 feet,
respectively. The construction/engineering cost associated with extending
these two bridges would exceed 2.5 million dollars, and this figure does not
include the cost of re-designing the project. In our opinion, avoidance of
the 2.3 acre fill area would not justify this expenditure, particularly since
the wetland would still be impacted by shading. In correspondence of August
16, 1995 the N.C. Division of Environmental Management asked if the road
could be relocated or re-designed at the Mallard Creek crossing to avoid or
minimize these impacts. The alignment of this segment is restricted by the
existing I-85/US 29 Connector to the north and a school and subdivision to
the south. We cannot shift the roadway without incurring impacts to this
neighborhood. The Mallard Creek crossing has been designed to maximize the
safety of the I-485/US 29 Interchange. We cannot alter the design of the
interchange without compromising its safety.
The drawing of Site 4 of R-2123CB illustrates a 1600 foot stream
relocation at Stony Creek near US 29. No wetland fi 1 is invo ved at this
location. M as asked that NCDOT study flood mitigation possibilities for
this area. The flood capacity of this area was studied in detail during the
planning and design phases of this project. Included with this application
are two file memoranda of August 12, 1991 and February 25, 1992 pertaining to
this subject. These notes detail meetings with the U.S. Fish and Wildlife
Service and North Carolina Wildlife Resources Commission to discuss design of
the roadway through the Stony Creek Area. The project has been designed for
a 100 year storm event.

November 15, 1995
Page 3
The drawing of Site 6 of R-2123CB shows details of a second channel
change where an access ramp crosses Stony Creek. A disturbed wetland system
in a cutover field falls outside of the toe of fill at this location. Per
the request of DEM, the design of this area has been modified so that
excavation of this wetland will not be required.
Project R-2123CB will require fill in a total of 3.44 acres of
jurisdictional wetlands. Projects R-2123BA and R-2123BB, currently scheduled
for construction after year 2000, will impact 1.71 and 1.60 acres of
wetlands, respectively. The construction of the East Charlotte Outer Loop
will involve fill in 6.75 acres of wetlands, not including the 1.95 acres on
R-2123AA already permitted.
In order to mitigate the wetland impacts associated with this project,
NCDOT proposes to utilize the Long Creek miti ation site. The mitigation
plan for this site has been deve ope by Environmenta ervices, Inc. The
document detailing the mitigation plan is to be transmitted under separate
cover to the review agencies by December 1, 1995. The mitigation site is to
be constructed in late 1996, with monitoring to be initiated in the spring of / J
1997. We propose to debit 3.44 credits from the site for the 3.44 acres of '
fill associate wi project - a is ime. a suggest that final
we an impact areas or each project segment be forwarded to you upon final
design. The mitigation site will be debited as necessary for each
construction project.
Also attached is a report on protected species investigations conducted
for project R-2123CA/CB. Surveys for the Carolina heelsplitter and
Schweinitz's sunflower were completed in 1994. A "No Effect" determination
was made for each species. Threatened and endangered species surveys for the
remaining project segments will be forwarded as they are completed. Due to
the delayed construction schedule for the remaining portions of the project,
this will allow up-to-date surveys for each segment.
Application is hereby made for a Department of the Army Individual 404
Permit as required for such activities. By copy of this letter, we are also
requesting 401 Water Quality Certification by the North Carolina Division of
Environmental Management.
Thank you for your assistance. If you have any questions, please
contact Cyndi Bell at [phone], Extension 306.
Sincer ,
J
.
Franklin Vick, P. E., Manager
Planning and Environmental Branch
HFV/tp
attachments
cc: Mr. B.G. Payne, P.E., Division 10 Engineer
Mr. John Dorney, DEM, DEHNR
Mr. Steven Lund, DOA, Asheville
Mr. N.L. Graf, P.E., FHWA
Mr. Archie Hankins, P.E., Hydraulics
Mr. Victor Barbour, P.E., Design Services
Mr. Tom Shearin, P.E., Roadway Design
Mr. Kelly Barger, P.E., Program Development Branch
Mr. Don Morton, P.E., Highway Design
APPLICATION FOR bEPARTilti WT OF THE ARMY PERNT OMS APPROVAL NO. 0710-0003
(33 CFR 325) Expires 30 September 1992
Public reporting burden for this collection of information is estimated to average 5 Tows per response for the majority of cases, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Applications for larger or more complex
projects, or those in ecologically sensitive areas, could take up to SW hours. Send comments regarding this burden estimate or any other aspect of this collection of information, r
including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service, Directorate for Information Operations and Projecm 121S Jefferson s
Davis Highway, Suite 1204. Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710.0003), Washington, DC 20503. Pleass
DO NOT RETURN your completed form to either of these addresses. Completed application must be submitted to the District Engineer having jurisdiction over the
location of the proposed. activity.
The Department of the Army permit program is authorized by Section 10 of the Rivers and Harbors Act of 11399, Section 404 of the Clean Water Act and Section 103 of the Marine,
Protection, Research and Sanctuaries Act. These laws require permits authorizing activities in or affecting navigable waters of the United States, the discharge of dredged or fill
material into waters of the United States, and the transportation of dredged material for the purpose of dumping it into ocean waters. Information provided on this form will be used
in evaluating the application for a permit Information in this application is made a matter of public record rtxough issuance of a public notice. Disclosure of the information
requested is voluntary; however, the data requested are necessary in order to communicate with the applicant and to evaluate the permit application. If necessary information is
not provided, the permit application cannot be processed nor can a permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings
nd instructions) and be submitted to the D`strict Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in fuA will be returned.
1. APPLICATION NUMBER (To be assigned by Corps) 3. NAME, ADDRESS, AND TITLE OF AUTHORIZED AGENT
H. Franklin Vick, P.E.
Manager, Planning & Environmental Branch
Telephone no. during business hours
2. NAME AND ADDRESS OF APPLICANT
North Carolina Department of Transportation A/C( ) (Residence)
#1 Wilmington Street ABC [phone] (Office)
Raleigh, North Carolina,.27611
Statement of Authorization: l hereby designate and authorize
to act in my
Telephone no. during business hours behalf as my agent in the processing of this permit application and to furnish,
upon request, supplemental information in support of the application.
A/C ( ) (Residence) SIGNATURE OF APPLICANT DATE
A/c(919) 73q-2141 (Office)
4. DETAILEDDESCRIPTIONOFPROPOSEDACTIVITy East Charlotte Outer Loop, I-485 from I-85 to Idlewild Road
4a. ACTIVITY
Construction of controlled-access, 4-lane divided highway on new location
.i
t 4b. PURPOSE
Public Transportation
4c. DISCHARGE OF DREDGED OR FILL MATERIAL
See attached permit drawings and correspondence
L.
"t..i r"_` 0^ b¦ a A 01A G r•-- Al Fnn ION OF JAN 91 IS CASOLS-M (Proponent. CECW
JAMES AND ADDRESSES OF ADJOINING, PROPERTY OWNERS. LESSEES. ETC.. WHOSE PROPERTY ALSO ADJOINS THE WATERWAY
See attached permit drawings
AND LOCATION ON WATERBODY WHERE ACTIVITY EXISTS OR IS PROPOSED
Mallard Greed
LOCATION ON LAND WHERE ACTiviTY STS OR IS PROPOSED - -
ADDRESS:
See attached permit drawings
STREET. ROAD, ROUTE OR OTHER DESCRIPTIVE LOCATION
COUNTY STATE ZIP CODE
LOCAL GOVERNING BODY WITH JURISDICTION OVERSITE
is any portion of the activity for which authorization is sought now complete? 0 YES [N NO
N answer is "yes' give reasons, month and year the activity was completed. Indicate the existing work on the drawings.
M
List all approvals or certifications and denials received from other federal, interstate, state or local agencies for any structures, construction, discharges or other
activities described in this application.
ISSUING AGENCY TYPE APPROVAL IDENTIFICATION NO. DATE OF APPLICATION DATE OF APPROVAL DATE OF DENIAL
0. Application is hereby made for a parma or permits to authorize the activities described herein. I certify that I am familiar with the information contained in the
application, and that to the best of my knowledge and belief such information is true, complete, and accurate. 1 further certify that I possess the authority to
undertake the proposed activities or 1 am acting as the duly authorized agent of the applicant.
Si • ATURE OF A PLIGANT O SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity japplicant) or it may be signed by a duly
authorized agent if the statement in block 3 has been filled out and signed.
18 U.S.G. Section 1001 provides that Whoever, in any manner within the jurisdiction of any department or agency of The United States
knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious or fraudulent
statements or representations or makes or uses any false writing or document knowing same to contain any false fictitious or
fraudulent statement or entry, shall be fated not more than $10,000 or imprisoned not more than five years, or both.
(Reverse of EMa POW 4345) 'U.S. Government Printing Once: 7991 - 526.235/40301
Scale of Miles
0 S 10 20 30
0 10 20 30 40 48
Scale of Kilometers
One inch Wr ah aWo-ateb 13 miles a d appo.«natey 21 Uoa .tern.
N.C.. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
PROJECT : 8.1671601 (R-2123)
PROPOSED CHARLOTTE
OUTER LOOP
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SITE 5
SITE 4
- SITE 3
SITE 2
SITE 1
R-2123 AA
?-- BEGIN PROJECT
SCALE
1 0 1 2 3 4 MILES
N. C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
PROJECT: 8.1671601 (R-2123 AA)
PROPOSED CHARLOTTE
OUTER LOOP
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SITE
STATION
PERMIT
TYPE S tJ 1 D NA AR Y
WETLANDS FILL
DISTURBED BELOW
O.H.W.
(AC) (CY) REPORT
FILL IN
SURFACE
WATER
(CY)
TOTAL TOTAL X-ING
FILL EXCAVATION TYPE

(CY) (CY)
I 982 + 00 to Nationwide 1.6 0 0 27,300 620 NONE
983 + 70 -L- 26

27 + 50 to
30 + 30 -SRA-
II 999 + 81 -L- Nationwide 0 0 0 0 0 3-9'x7'
26 RCBC
III 1000 + 50 to Nationwide 0.333 0 0 5,740 0 NONE
1001 + 50 -L- 26
IV 1015 + 50 to Nationwide 0 0 0.67 2,770 230 NONE
1017 + 85 -L- 26
V 1020+15 to Nationwide 0.02 0 0 60 20 NONE
1021+15 -L- 26
VI 16 + 00 -Y2- Nationwide 0 0 0 0 0 2-101x6'
Revised 26 RCBC
VII 17+ 00 -Y2- Nationwide 0 24 0.02 165 0 72" RCP
Revised 26
1.95 24 0.69 36,035 870
N. C. DEPT.OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
PRO JECT: 8.1671601 (R-2123AA)
PROPOSED CHARLOTTE
OUTER LOOP
SHEET 13 OF 45 REV. 5/45
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FILL IN SURFACE WATERS
N.C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
PROJECT: 8.1671601 (R-2123 AB)
PROPOSED CHARLOTTE
OUTER LOOP n E V 11 - 95
SHEET 16 OF 45
FILL IN SURFACE WATERS
SITE
1
2
STATION
1123 + 00 -L-
1136 + 00 -L-
SUMMARY REPORT
FILL IN
WETLANDS
(AC)
0
0
0
FILL IN
SURFACE WATERS
(AC)
0.57
1.75
2.32
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SITE
1
STATION
1220 + 00 -L-
SUMMARY REPORT
FILL IN
WETLANDS
(AC)
0
0
FILL IN
SURFACE WATERS
(AC)
0.20
0.20
N.C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
PROJECT: 8.1671601 (R-2123 AC)
PROPOSED CHARLOTTE
OUTER LOOP
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FILL IN SURFACE WATERS
N.C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
PROJECT: 8.1671601 (R-2123 BA)
PROPOSED CHARLOTTE
OUTER LOOP
v lo -9 <
SHEET 22 OF 45
2123BA
SITE 3
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FILL IN WETLANDS
N.C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
PROJECT: 8.1671601 (R-2123 BA)
PROPOSED CHARLOTTE
OUTER LOOP
Y?E
SHEET 23 OF 45
SITE
1
STATION
13 )85 + 00 -L-
1386 + 00 -L-
1465 + 00 -L-
SLT?RY REPORT
FILL IN
WETLANDS
(AC)
0
0.88
0.83
1.71
FILL N
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0.33
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DENOTES FILL IN WETLANDS
SCALE: 1' = 200'
N.C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
PROJECT: 8.1671601 (R-2123 BB)
PROPOSED CHARLOTTE
OUTER LOOP
i
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N.C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
PROJECT: 8.1671601 (R-2123 BB)
PROPOSED CHARLOTTE
OUTER LOOP
?,E-V !U - %-
SHEET 29 OF 45
SITE
1
7
3
STATION
1515 + 00 -L-
1560 + 00 -L-
1582 + 00 -L-
SUMMARY REPORT
FILL IN
WETLANDS
(AC)
1.30
0
0.30
1.60
FILL IN
SURFACE WATERS
(AC)
0
0.57
0
0.57
N.C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
PROJECT: 8.1671601 (R-2123 BB)
PROPOSED CHARLOTTE
OUTER LOOP
SHEET 30 OF 45
49
1
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2927
END PROJECT
SCALE
0
moo,
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R-2123 CC
BEGIN PROJECT
3
4 MILES
NO WETLANDS
N. C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
PROJECT: 8.1671601 (R-2123 CC)
PROPOSED CHARLOTTE
OUTER LOOP
IqE \/ 10 -
SHEET 31 OF 45
ti
" 2467 c?
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2800
$oUNOAR` 33 \0
\ I \ ?, 2827
END PROJECT
BEGIN PROJECT

R-2123 CA
SCALE
0 1 2 3 4 MILES
NO WETLANDS
N. C. DEPT. OF TRANSPORTATION
` DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
PROJECT: 8.1671601 (R-2123 CA)
PROPOSED CHARLOTTE
OUTER LOOP
r\F\l 10
SHEET 32 OF 45
8 5 2740
ab5 f-- 2466 2467
1
?j?'/off
l
470
SITE 1
SIT
END PROJECT
v ? \
BEGIN PROJECT
511-E 4
j
? SITE 5 --- SITE 3
i
SITE 6
SITE 7
SCALE
0 2 3 4 MILES
R-2123 CB

N. C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
PROJECT: 8.1671601 (R-2123 CB)
PROPOSED CHARLOTTE
OUTER LOOP
SHEET 33 OF 45
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N.C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
PROJECT: 8.1671601 (R-2123 CB)
PROPOSED CHARLOTTE
OUTER LOOP
SHEET 34 OF 45

GI EXTRA
' DEPTH

10
PAVED SHOULDER
. .

R-2123 CB ?

SITE I
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10' PAVED SHOULDER p
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TER LOOP
Q..,.

10' PAVED SHOULDER

CUT IN WETLANDS

10' PAVED SHOULDER

ILL IN WETLANDS o o .

1872+70' BEGIN C --`
BERM DITCH
STD 240.fl1B
L LNE DITCH WITH -
CLASS "A" STONE .
EST. 122 TONS

EE DITCH , DETAIL #3

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DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
s
?E/VOTL:5 FIN IN 141ST I 23 AC. .16?lboi (R-2123C8)
PROPOSED CONSTRUCTION OF THE
CHARLOTTE OUTER LOOP (I-485)
FROM NORTH OF HARRIS HOUSTON
RD. (SR2800) TO NORTH OF I-85
SCALE AS SHOWN REVISED 7 - 95
,SHEET 36 OF 45ST 1991

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N.C. DEPT. OF TRANSPORTATIO
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY

+
l 8.1671601 (R-2123C8 )

PROPOSED CONSTR
CT

' U
ION OF TH

0 Uy
?1 CHARLOTTE OUTER LOOP
FROM NORTH OF H (1--485
T

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OI
RD. (SR2800) TO NORTH OF I-:
SCALE AS SHOWN REVIS ED 7 - ,
1 77 j 11z?;'?i Q cam.!
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o SITE- 4
9~ N.C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
/' ?Z•J MECKLENBURG COUNTY
1 8.1671601 (R-2123CB )
PROPOSED CONSTRUCTION OF THE
CHARLOTTE OUTER LOOP (1-485)
FROM NORTH OF HARRIS HOUSTON
P PRG,$ o ?- RD. (SR2800) TO NORTH OF t-ac
3e'!Jx/3'
SCALE AS SHOWN REVISED 7 - 95
Q `
SHEET 38 OF 45?sT 1991
d
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of
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R-2123 CB
1 , t"
SITE 5
(FUTURE)
' I 36' 10' PANED
SHDULDER \il
1
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1965;
t?
1 1
I '
+/-142.5'
EXIST R/W I
I
1
_+/-142.5'
,.
III I
10 316"
„
1 ,
I ,
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„
1 1
„
IST R/W
(FUTURE)
10' PAVED
SHOULDER

lv -A
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KIVI
A _
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: x
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N.C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
PROJECT: 8.1671601 (R-2123 CB)
PROPOSED CHARLOTTE
OUTER LOOP
10,1F v
SHEET 40 OF 45
r -! LL "? ? PROP, ToE OF F I l l_
It I O F F `
/ PROP .2G?//X// ? -
a//,
jb ( R?? -rpc GI=
07
2?' ioo' t?,anF 400
'
C47 C,

436
6/10
s- i I s I.
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DENOTES rizc eaow ?ghryv
..........
- -
-------------------- -- ----------------------? - ------
-------------------------------------------.----i-? - ---
BCT 1
D A
L 7
E ST
/ A
--. X
II
MOV \ - ?-
XIST.

TAIN
?i
EXIST. 4' AS
LATERAL DITCH
/
SITE 7
R-2123 CB
FILL IN WETLANDS
SUMMARY REPORT
SITE
1
2
4
5
6
7
STATION FILL IN FILL IN
WETLANDS SURFACE
WATERS
(AC) (AC)
1875 + 00 -L-
1880 + 00 -L-
1910 + 00 -L-
1925 + 00 -L-
1965 + 00 -L-
1967 + 00 -L-
1969 + 00 -L-
PROPERTY OWNERS
0.28
0.03
2.30
0
0.37
0.02
0.44
3.44
0
0
0
0.97
0
0.12
0
1.09
1. MARTIN MARIETTA CORPORATION
Superior Stone Division
P. 0. Box 240635
Charlotte, N. C. 28224
2. FUNDED LAND INVESTMENT PARTNERS
C/O James W. Clay
8931 J. M. Keynes Drive #4
Charlotte, N. C. 28213
3. STANFRED D. DUREN
RFD 10, Box 256-K
Charlotte, N. C. 28213
4. LOUISE STAFFORD
1242 Townes Avenue
Charlotte, N. C. 28209
5 A.C.G.W. DEVELOPMENT, PA
P. 0. Box 31511
Charlotte, N. C. 28231
6. C.ARRRIE LEE ALEXANDER PUGH
1521 Sterling Road
Charlotte, N. C. 28209
7. HARRY HAYNES BAIRD
1012 Kings Drive
Charlotte, N. C. 28207
CUT IN
WE'T'LANDS
(AC)
0.12
0
0
0
0
0
0
0.12
N.C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
PROJECT: 8.1671601 (R-2123 CB)
PROPOSED CHARLOTTE
OUTER LOOP
SHEET 44 OF 45
PROJECT SUMMARY REPORT
PROJECT FILL IN FILL IN
SECTION WETLANDS SURFACE
WATERS
(AC) (ACS
CUT IN
WETLANDS
(AC) n
AA 1.95 0 0
AB 0 2.32 0
AC 0 0.20 0
BA 1.71 0.33 0
BB 1.60 0.57 0
CC 0 0 0
CA 0 0 0
CB 3.44 1.09 0.12
8.70 4.51 0.12
v
N.C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
PROJECT: 8.1671601 (R-2123)
PROPOSED CHARLOTTE
OUTER LOOP V
SHEET 45 OF 45
? ?...•STr1iF , ?"
Al7G 20 ; .
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
P.O. BOX 25201
RALEIGH 27611-5201
JAMES G. MARTIN
GOVERNOR
THOMAS J. HARRELSON
SECRETARY
August 12, 1991
MEMORANDUM TO: File
FROM: Mark J. Pistrang, Biologist
Environmental Unit
DINTS 014 OF H1GH%NM
N`t uGs Ds,
DIVISION OF HIGHWAYS
WILLIAM G. MARLEY. JR., P.E.
STATE HIGHWAY ADMINISTRATOR
11"P
SUBJECT: Fish and wildlife coordination meeting
concerning a proposed channel relocation of
Stony Creek; East Charlotte Outer Loop from
north of SR 2800 to north of I-85; Federal
Aid Project No. MAF-117-1(3); State Project
No. 8.1671601; TIP #R-2123CB.
A meeting was held on August 9, 1991 at the offices of
the US Fish and Wildlife Service in Raleigh, NC concerning
the referenced channel change. The following individuals
were in attendance:
Tom Herring, Richard Scarce & Assoc.
Abdul Rahmani, NCDOT - Hydraulics
Darin gilder, NCDOT - Hydraulics
Susan Corda, NCDOT - P&E
Janet Shipley, NCDOT - P&E
W.S. Hood, BAKK Inc.
Mike Crocker, USFWS
Dennis Stewart, NCWRC
Mark Pistrang, NCDOT - P&E
Mr. Herring began the meeting with a description of the
proposed action. He indicated that the proposed interchange
ramps near US 29 would completely obliterate the existing
channel, leaving only two alternatives: 1) Contain Stony
Creek on location with approximately 1500' of-pipe _
(preliminary cost estimate: $2.5 million), or 2) Relocate the
channel to the northeast, paralleling proposed Ramp D
(preliminary cost estimate: $700,000). Based upon
preliminary cost estimates and the negative impacts
associated with a 1500' culvert, the project is currently
designed to incorporate the channel change.
An Equal Opportunity/ Affirmative Action Employer
JU,S„ !".
e proposed relocation will result in the net loss of
500 inear feet of stream channel and, due to steep terrain,
require cuts in excess of 30' in some areas. The
proposed channel will have a 20' base and the bank slopes
will vary from 0.5:1 to 1.5:1, depending upon the substrate.
Mr. Stewart expressed concern about public safety in areas of
steep banks cut into solid rock, but was reassured by the
fact that ROW fences will restrict access to these areas.
Mr. Stewart also expressed concern over the loss of channel
length and suggested that meanders be incorporated into the
design. Mr. Herring then pointed out that based upon the
topography, predominantly bedrock substrate, and the
horizontal limitations that define the end points of the
existing channel, such channel deviations were not possible.
Discussion then centered upon the ability of the new
channel to contain floodwaters. Mr. Herring stated that the
channel and culverts had been designed to effectively carry
the 100 yr. flood. Above the immediate channel cut, a flat
berm will be created, where possible, to contain flood
waters, and cut slopes of 2:1 will be employed beyond that.
Mr. Stewart felt strongly that 2:1 slopes are not sufficient
for the stable planting of new trees, and suggested that
slopes of 3:1 be employed..
Because 3:1 slopes require additional distance, Mr.
Pistrang questioned if the trade off of creating gentle
slopes for revegetation is worth the additional loss of
existing forest. It was agreed that this depends upon the
quality of the existing forest. Mr. Hood indicated that his
firm will calculate the differences in impacts to forests
that would be incurred using 2:1 slopes vs 3:1. The results
of his findings will be transmitted to Mr. John Maddox (NCDOT
Roadway Design) and be used to determine the costs that will
be associated with the purchase of additional ROW. If it is
determined by NCDOT that the costs are reasonable, the
appropriate individuals should contact the Environmental Unit
to schedule a site visit in which the quality of the forested
areas can be assessed. If it is determined that these
forested areas are currently in a disturbed successional
stage, the use of 3:1 slopes will be recommended.
CC: V. Charles Bruton, NCDOT - Env. Unit
M. Randall Turner, NCDOT - Env. Unit
John Maddox, NCDOT - Roadway Design
Abdul Rahmani, NCDOT - Hydraulics
Tom Herring, Richard Scarce & Assoc.
W.S. Hood, BAKK Inc.
Mike Crocker, USFWS
Dennis Stewart, NCWRC
File: R-2123CB
MJP\mjp
February 25. 1992_
MEMORANDUM TO: F i l e
FR(--)M: M. Randall Turner, Environmental Supervisor
Environmental Unit
SUBJECT: Field review of proposed channel change of a
section of Stony Creek l,yin8: i a the impact
zones of the planned East Charlotte Outer
Loop, from north of SR. 2800 to nort.h of 1-85,
Mecklenburg County,, TIP No. R-2123CB; State
Project to. 3.3.671601: F.A. No. MAF-11;-1(3)
REFERENCE: Pistrang's August J.2! 1991 file memo,
reporting the substa.nce of a Vi„h and
Wildlife Coordination meeting between NC00T
staff (engineers/bi.ologists), NCDOT de;=in
consultant staff, and NCWRC/USFWS biologists
Although a. number of topics related to the proposed
action were discussed a.t the August 9, 1991 Fish and Wildlife
Coordination meeting, biologists from the natural resource
agencies were/are concerned about two major issues:
1.. Unavoidable channel changes should be accomplished
by silnulating "natural" channel's meanders.
substrate, etc.
2. Proposed relocation Of channel should be constructed
3:1
with supeitending cut slopes flatter than 2:1'-
was recommended.
In order to properly evaluate the biolO ical. anpects and
implications of the proposed action, I visited the study area
with NCDOT Hydraulics Unit engineers Abdul Rahman 4 and
Marshall Clawson on February 11, 1992.
Existing stream channel and proposed site of channel
relocation was inspected, as was the adjacent forested
hillside, which would be impacted by additional horizontal
encroachment, necessitated by construction of 3:1 cut slopes
(see above).
It is obvious from the juxtapoBit lon of proposed roadway
and ramped structures that the only feasible site for
relocating the section of stream channel is along the lower.
(south-facing) slope of the forested hillside. Because the
horizontal distance: separating the project's construction
limits from the subject bill-side is extremely limited, there:
is virtually no puss-ibi l i.ty of crea.t ing fneanders in the
relocated channel. Any further encroachment into the
hillside will re.yul.t in increasingly steep cut slopes above
the channel. This reality is clearly undesirable from the
view of preserving/protecting long term water quality.
The hil1si.dc fore3ted comtTlunitY is a Matu.rin"
(2nd/3rd/4th cut) mixed hardwood forest with a variety of
oaks, hickories, maples, beech, tulip poplar, etc. as canopy
species. Understory is rather d.ivf:r5e. This community is
relatively undisturbed and i., likely to be rather valuable as
forage and/or refuge to numerous wildlife species.
The choice of 3:1 cut slopes above the proposed
relocated channel would be ill-advised, in my opinion.
Minimal horizontal encroachment will be required with 2:1 cut
slopes and stabilization of these slopes with herbaceous and
woody plantings should riot be problematic.
C, Abdul Rahmani, NCDOT
Marshall Clawson, NCDOT
Randy Wise, NCDOT
Dennis Stewart, NC:WRC
Mike Crocker, USFWS
s?Fo?
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT. JR.
GOVERNOR
DIVISION OF HIGHWAYS
P.O. BOX 25201. RALEIGH. N.C 27611-5201
R. SAMUEL HUNT I I I
SECRETARY
MEMORANDUM TO:
FROM:
October 4, 1994
Joe Westbrook, P.E., Project Planning
Lane Sauls, Environmental Biologist
Environmental Unit
SUBJECT: Protected Species Investigations
associated with the Construction
Consultation of the Charlotte Outer Loop,
Mecklenburg County; Project No. R-2123 CA
& CB.
REFERENCE: E.I.S. R-2123; East Charlotte Outer Loop
completed August 1989.
Plants and animals with federal classifications of
Endangered (E), Threatened (T), Proposed Endangered (PE), and
Proposed Threatened (PT) are protected under provisions of
Section 7 and Section 9 of the Endangered Species Act of
1973, as ammended.
As of September 15, 1994, the FWS lists the two
federally protected species for Mecklenburg County:
Carolina heelsplitter (Lasmigona decorata) and Schweinitz's
sunflower (Helianthus schweinitzii) . Both species are
listed as Endangered (a species that is threatened with
extinction throughout all or a significant portion of its
range).
Lasmigona decorata (Carolina heelsplitter) E*
Denotes that no specimen from Mecklenburg County
found in the past twenty years (1973-1993).
Animal Family: Unionidae
Date Listed: July 19, 1993
Distribution in N.C.: Cabarrus, Mecklenburg, Union.
The Carolina heelsplitter has an ovate, trapezoidal,
unsculptured shell which is greenish, yellowish, or brownish
in color with greenish or blackish rays. The nacre is
usually pearly-white to bluish-white graying to orange near
the umbo and in older specimens the entire nacre may be
mottled orange. The umbo is flattened and the beaks are
2
depressed and project a little above the hinge line.
Habitat for the Carolina heelsplitter has been found in
creeks, streams, and rivers. Individuals are most often
found in shaded areas, either in a ponded portion of a small
stream, or in runs along steep banks with a moderate current.
Water less than three feet deep and substrates that are
composed of soft mud, sand, muddy-sand, and sandy gravel are
preferred. Presently, only three known populations of this
mussel species exists; two of these populations are found in
the North Carolina streams of Waxhaw Creek, Catawba River
System, Union County and Goose Creek, Pee Dee River System,
Union County.
BIOLOGICAL CONCLUSION: NO EFFECT
Suitable habitat does not exist at the project site for
the Carolina heelsplitter. Distinct channelization,
shoreline erosion and heavy siltation are present. A survey
was conducted for evidence of mussel fauna. No evidence of
naiades exists. Therefore, no adverse effects are expected
to the Carolina heelsplitter as a result of project
construction.
Helianthus schweinitzii (Schweinitz's sunflower) E
Plant Family: Asteraceae
Federally Listed: June 6, 1991
Flowers Present: mid September-early October
Distribution in N.C.: Cabarrus, Davidson, Mecklenburg,
Montgomery, Randolph, Rowan, Stanly, Stokes,
Union.
Schweinitz's sunflower is a rhizomatous perennial herb
that grows 1-2 m tall from a cluster of carrot-like tubrous
roots. The stems are deep red, solitary and only branch
above mid-stem. The leaves are rough feeling above and
resin-dotted and loosely soft-white-hairy beneath. Leaves
of the sunflower are opposite on the lower part of the stem
and usually become alternate on the upper stem. The broad
flowers are borne from September until frost. These flowers
are yellow in color and arranged in an open system of
upwardly arching heads. The fruit is a smooth, gray-black
achene.
Schweinitz's sunflower is endemic to North and South
Carolina. These sunflowers grow best in full sunlight or
light shade in clearings and along the edges of open stands
of oak-pine-hickory upland woods. Common soils that,this
species is found in are moist to dryish clays, clay-loams, or
sandy clay-loams, often with a high gravel content and always
moderately podzolized. Natural fires and large herbivores
are considered to be historically important in maintaining
open habitat for these sunflowers.
3
BIOLOGICAL CONCLUSION:
A plant-by-plant survey
suitable habitat: roadsides
2800); railroad tracks (south
ways (from SR 2800 to SR 2833
and forest edges contiguous
were observed. Therefore, no
sunflower are expected.
NO EFFECT
was conducted in areas providing
(I-85, US 29, NC 49 and SR
h of NC 49), powerline right-of-
and from SR 2800 to SR 2771);
with these open areas. No plants
current impacts to Schweinitz's
cc: V. Charles Bruton, Ph.D.
M. Randall Turner, Environmental Supervisor
File: R-2123 CA & CB
s
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
December 19, 1995
M:. Frank Vick
NC Department of Transportation
Planning and Environmental Branch
NC DOT
Post Office Box 25201
Raleigh, N.C. 27611-5201
Dear Mr. Vick:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed East Charlotte Outer Loop Highway
from I-85 and Idlewild Road
Project # 95755, COE # 199504596
Mecklenburg County
g
Attached hereto is a copy of Certification No. 3049 issued to N.C. Department of
Transportation dated 18 December 1995.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
eston
P Howard, Jr E.
.
Anachments
3049.wgc
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DEM Regional Office
Mr. John Dorney
Mr. John Parker, Division of Coastal Management
Central Files
Stephanie Briggs; NC DOT
Steve Kroeger; DCM
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 1 0% post-consumer paper
F15WA
M,400
ID EE F1
mss.
NORTH CAROLINA
Mecklenburg County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws
92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental
Management Regulations in 15 NCAC 2H, Section .0500 to N.C. Department of Transport2aon resulting in 4.42
acres of wetland impact in Mecklenburg County pursuant to an application filed on the 7th day of December of
1995 to construct the East Charlotte Outer Loop from I-85 and Idlewild Road.
The Application provides adequate assurance that the discharge of fill material into the waters of Stony,
Mallard, Reey, Mckee, Clear and Goose Creeks in conjunction with the proposed development in Mecklenburg
County will not result in a violation of applicable Water Quality Standards and discharge gridelines. Therefore,
the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions
hereinafter set forth.
A
T1Tis' approval is only valid for the purpose and design that you submitted in your application or as
described in the Public Notice. If you change your project, you must notify us and you may be required to send
a revised application. For this approval to be valid, you must follow the conditions listed below. In addition,
you should get any other federal, state or local permits before you go ahead with your project.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as to prevent significant increase in
turbidity outside the area of construction or construction related discharge (50 NTUs in
streams and rivers not designated as trout waters by DEM; 25 NTUs in all saltwater
classes, and all lakes and reservoirs; 10 NTUs in trout waters).
2. Additional written approval is requried for DEM for the final mitation plan.
Violations of any condition herein set forth shall result in revocation of this Certification. This
Certification shall become null and void unless the above conditions are made conditions of the Federal 404
and/or Coastal Area Management Act Permit. This Certification shall expire upon expiration of the 404 or
CAMA permit.
If this Certification is unacceptable to you, you have the-right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. If modifications are made to an original
Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty
(60) days following receipt of the Certification. Unless such demands are made, this Cerf&ation shall be final
and binding.
This the 18th day of December, 1995.
DIVISION OF, ENVIRONMENTAL MANAGEMENT
ton How >,Jr. P.E
WQC# 3049
Jk_ W
State of North Carolina
Department of Environment,
Health and Natural Resources AarA
Division of Coastal Management James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary ® F H N R
Roger N. Schecter, Director
December 12, 1995
1,9 T y U ? j-, MEMORANDUM'` - ?9
i
TO: Mr. A. Preston Howard, P. E.
Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland "404" Coordinator
SUBJECT: "404" Project Review
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199504596 dated
December 7, 1995 describing a proposed project by the NC DOT is being circulated to interested
sate agencies for comments on applicable Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed project and return this
corm by January 5, 1996. If you have any questions regarding the proposed protect, please
contact me at 733-2293. When appropriate, in-depth comments with supporting data is requested.
,?,, Ahrac--
REPLY /This office the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed
Date 1 16 l
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX 919-7K--1495
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
Ih

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS COv
P.O. BOX 1890 .? „
WILMINGTON, NORTH CAROLINA 28402-1890 •??
REPLY TO
ATTENTION OF December 19, 1995
Regulatory Branch
Action ID No. 199504596
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and u>.
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
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 Qua y ertification to place fill material into 4.42.-acres
of surface waters an (6.75 /acres of wetlands adjacent to Stony Creek, Mallard
Creek, Reedy Creek, (Ke Creek, Clear Creek and Goose Creek to facilitate
construction of the East Charlotte Outer Loop Highway between Interstate
Highway 85 and Idlewild Road, a distance of approximately 20.3 miles east of
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 is 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, in most cases, 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, or asked for an
extension of time, by February 20, 1996, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Mr. Steven Lund, Asheville
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without 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-A.kA7n®Recycled Paper
RQV UI WI I I III&VVII J..aV1 3NV :.. ,., - -_ •••••• _. __ _
1
SUMMARY RFP01kT
I
1 STA,'T1CN FILL IN FILL IN CUT IN
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44
PROPER n' (WIYFRS _
'
1 • t
?zAF-3i?+rFt? 'i RPORATION
SI.tperior Stone Division
P, Q. Box 240635
C-k-ii lotte, N, C. 28224
2. PYIDED LAND INVESTMENT PARTNERS
C,`O James W, clay
8')1 J. M. Keynes Drive #4
Chalrlott.e, N. C, 28213
3. s-,T NF'RrD D. DURM
RI^i, 10 , Box 256-K
Charlotte, N. C. 28213
4. LC?U I SE STAE z0;tD
1242 Townes Avenue
Charlotte, V. C. 28209
5, A . C . G . h . DMI M-OPMENT , PA
P, 0. Box 37.511
CIIIAAbtte, N, C. 26231
h. CAIKMIE LEE AI,E}MDIM PUGH
152` Sterling Road
Charlotte, N. C. 28209
7.R HARRY HAAYMS EMIRD
1012 Kings Drive
Charlotte, N. C.. 28207
0 0.12
0 0
0 0
0.97 0
0 0
12 0
0 0
1.09 0.12
N.C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG CCWNTY
PROJECT; 8.1671601 (R-2123 CB)
PROPOSED CHARLOTTE
OUTER LOOP Io " lsr
SHEET 44 OF 45
t'
RJV D?'W11 iII?VV Ii J..7Vi iVV ?b VV r If rI ?? ?•.•,, --••• -. -••_••- --- -- -„ -- _.---..
STATE OF NoRl-H CAROLINIA
DEPARTMENT of TPANSPORTATION
DIVISION OF HIGHWAYS GAIL IAND B. CiAF.k A-1 JR.
RO. BOX 25201. RALFICII 6. N.C. 21611-5201 ?NICKr fARv
November 15, 1995
Rlsq:f l atory Branch
U. S. Army 1;orps of Engineers
Wi'rnington =ield Office
P. 0. Box 1:390
Wi'i,nington, North Carolina 28402-1890
Ar--ENT ION ; legu 1 atcry Branch
SJIrJECT : Mack l enbu.rg County - East Charlotte Outer Loop (I-485 from I-85 to
Idlewild Road); T.I.P. No. R-2123; State Project No. 8.1611601;
0)A Action 10. No. 199504596; OEM #95155
The North Carolina Department of Transportation proposes to construct a
nelII, contr11led--access, 4--lane divided highway from Interstate 85 to Idlewild
Raid in Cl-arlotte. This will include the entire East Charlotte Outer Loop.
prase note that this will include a 0.8 mile segment from south of US 29 to
NC 49, already under construction (R-2123CA) No wetlands were involved in
this segment. The new facility will partially overlap the existing I-85/US
29 Connector, which will be closed during construction of the new highway.
Th.: existing I•-85/0 29 Connector interchange at US 29 will be abandoned, as
a lew interchange will be constructed at US 29 on the Charlotte Outer Loop.
NCOOT has completed detailed design of the East Charlotte Outer Loop
from 1-85 to south of Rocky River Road (projects R-2123CA, CB, CC), a
distance of approximately 6.6 miles. The construction dates for R-2123CB and
F2123CC are scheduled for 1996 and 2000, respectively. We have preliminary
6e::.ign details for the remaining 13.0 miles of the project, extending from
south of R(:c:ky River Road to south of Idlewild Road (R-212386, BA, AC, AB and
AA). '!'he construction dates for these sections are currently scheduled for
1999 or later. Therefore, this application contains final wetland impact
cr-iswings for the first 6.6 miles of the project. The impact assessments for
the remaining portions of the project are preliminary. This is in accordance
viii-,h-your request of August 8, 1995 for an opportunity to review wetland
iu acts along the entire Cast Charlotte Outer Loop. The preliminary drawings
ir.c:luded horein re,' ores.ent the maximum impacts expected at these locations,
c;iven no 1nijor shifts in project alignment. As detailed designs for the
rtrialning project segments are completed, we will notify you of any changes
it wetland impacts. For your reference, a project breakdown map showing the
re!erenced construction segment boundaries is included in the permit
dr awi nqs .
Etc)
RcV V;WI i ringzon j:.stiriuv ?,:- 1-;54 r 1« , VW rMillI VV„ .., __..__ _.
Nov ?:,nhc r 15, 1':,1'95
Page 2
Please also note that the wetland impacts associated with project
R-2x23AA (sough of Lawyers Road to south of Idlewild Road) are all located
south of Idle-wild Road. These impact sites were included with the 404 permit
(00A. Action ID. No. 199401483) issued July 1, 1994 for the South Charlotte
Out»r 1.00p, The limits for the South Charlotte Outer Loop were extended to
ai _:l 1° r your request for an interchange terminus for permitting
pur.oses. We have ;-ncluded R-2123AA with this package for comprehensiveness,
but ask that you do not include the 1.95 acres of wetland impacts associated
with. this segment in your permit review.
An Environmental Impact Statement for the entire East Charlotte Outer
Laor:i was approved on August 10, 1989. This document details planning studies
pertaining to impacts on natural systems and protected species. Copies of
the EIS have been provided to regulatory review agencies involved in the
approval prccess. Additional copies will be provided upon request.
On April 15, 1995, the wetland delineations for the East Charlotte Outer
Laois were verified n the field with Mr. Steve Lund of the DOA Asheville
Regulatory Field Ofl-ice. The attached permit application package includes
draojings of the stream crossings and associated wetland impacts involved in
this. project. On the application, the sites have been numbered separately
within each segment:, as shown on the project breakdown maps.
As discussed above, R-212308 (I--85 to north of NC 49) contains the
wetland impact sites for which final design details are available. No
wetland fill will be required on R-2123CA/CC (north of NC 49 to south of
Rc 6:y River Road). '.a i to 3 of R-2123CB includes two bridge crossings at
Mallard Cheek for the highway mainline and an access ramp. A 2.3 acre
bctt:orrflanci tardwood system is set back approximately 100 feet from the north
edge, of the creek. In order to avoid filling this wetland, the mainline and
remp br-idgr?::. would need to be extended approximately 400 and 200 feet,
respectively. The construction/engineering cost associated with extending
these two bridges would exceed 2.5 million dollars, and this figure does not
include the cost of re-designing the project. In our opinion, avoidance of
tFe 2.3 ac s:: -fill area would not justify this expenditure, particularly since
tte wetland would si11 be impacted by shading. In correspondence of August
1f, 1995 thE, N.C. Division of Environmental Management asked if the road
cc-uld be relocated or re-designed at the Mallard Creek crossing to avoid or
mirlmi,ze these impacts. The alignment of this segment is restricted by the
existing 1-46/0 29 Connector to the north and a school and subdivision to
the. south. We cannot shift the roadway without incurring impacts to this
ncighborhGod. The Mallard Creek crossing has been designed to maximize the
silfety of the I-485,1US 29 Interchange. We cannot alter the design of the
interchange without compromising its safety.
The drawing of Site 4 of R-2123CB illustrates a 1600 foot stream
relocation at Stony Creek near US 29. No wetland fill is involved at this
loc<r.tion. DEM has asked that NCDOT study flood mitigation possibilities for
this area. Thti flood capacity of this area was studied in detail during the
planning and design phases of this project. Included with this application
are two file memoranda of August 12, 1991 and February 25, 1992 pertaining to
thi::i su5iect.. These notes detail meetings with the U.S. Fish and Wildlife
Service and Xorth Carolina Wildlife Resources Commission to discuss design of
the roadway through the Stony Creek Area. The project has been designed for
a 1,1D0 year :storm event.
__----
RCV BY:Wilrincton j:.srvric? IL- -QV + 11116V , yV .......
No,m ,nber 15, 1985
Pa.l(! 3
The draNing of 5 to 6 of R-2123CS shows details of a second channel
cha:,ge where an access ramp crosses Stony Creek. A disturbed wetland system
in ," cutolrer field falls outside of the toe of fill at this location, per
the request of DEM, the design of this area has been modified so that
exc ?v ati on of this viet:l and will not be required.
Project P,-2123CS will require fill in a total of 3.44 acres of
jurisdictional wetlim ds. Projects R-21238A and R-21238B, currently scheduled
for construction after year 2000, will impact 1.71 and 1.60 acres of
wetlands, respectiveli. The construction of the East Charlotte Outer Loop
will involve fill in 6.75 acres of wetlands, not including the 1.95 acres on
R-21230 already permitted.
In order to mitil)ate the wetland impacts associated with this project,
NCD'.1T proposes to utilize the Long Creek mitigation site. The mitigation
pla' for this site has been developed by Environmental Services, Inc. The
doc,:ment: detailing the mitigation plan is to be transmitted under separate
cov?:r• to -the review agencies by December 1, 1995. The mitigation site is to
be :onst:rurt.ed in late 1996, with monitoring to be initiated in the spring of
1991, We propose to debit 3.44 credits from the site for the 3.44 acres of
fill associated with project R-2123CB at this time. We suggest that final
wetland impact area:. for each project segment be forwarded to you upon final
design. The mitigation site will be debited as necessary for each
ccns.truction project:.
Also attached -is a report on protected species investigations conducted
fcr project R-2123CAICS. Surveys for the Carolina??heeisplitter and
SchiNe W' tz's sunflower were completed in 1994. A_ No Ef:-: tt determination
was made for each species. Threatened and endangered species surveys for the
remaining project segments will be forwarded as they are completed. Due to
tte delayed construction schedule for the remaining portions of the project,
tt is will allow up-,o-date surveys for each segment.
Applicc.tion is hereby made for a Department of the Army Individual 404
Permit as required or such activities. By copy of this letter, we are also
requesting 4.01 Water Quality Certification by the North Carolina Division of
Eriv',i ronmenvil Manav.,ment.
Thank ,'!ou for your assistance. If you have any questions, please
cort-act Cyndi Bell at [phone], Extension 306.
Sin/ ,
Franklin Vick, P. E., Manager
Planning and Environmental Branch
Hl,\ Itp
at 1.achmant s
cc:; Mr. B.,,;. Payne, P.E., Division 10 Engineer
Mr. Jo4 Dorney, DEM, DEHNR
Mr. Steven Lund, DOA, Asheville
Mr. N. i_. Graf, F.E., FHWA
Mr. Arrhie Hankins, P.E., Hydraulics
Mr. Vii;tor Barbour, P.E., Design Services
Mr. Tom Shearin, P.E., Roadway Design
Mr. Kelly Barger, P.E., Program Development Branch
Mr. Don Morton, P.E., Highway Design
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;f'?l.i > ° Id}i`i p,R ji j? ,ARTib ENT 0'r" THE,>A?i1r?Y PERMIT OIitRARPRC]VAL ND. or1ao0as
(33 CFR 325) , Expires 30 September 1092
Public repatinp f u:d? for tt,is aslle --snn of infonnFSiott Is a:tirt+ated to avaro.ga 5 Moore per reapansa for time majority of rssas. Indudinq the tune for rev;owing Inzttuctiorms,
aoarcning oxistri t timik ;souroos, Cat'rsring and mairm eMa the data needed, fund aomoladrs.q and mviewing the aotlection of information, Applicstions for largar or more oom. Moo:
projects, or those it :x41cogkta0f :sartsidve tueas, CE4.11d tako Up tQ SM hours. Sand oommants rogardno dye burden osomato or eny other aspom of this collodion of lnfornatlon,
Including "g0360 -oft fcr mdudnt! tl ii;I but-ion. to CFap+fi umnt of D41onse. Wasftington lioadauoAm-s Servios, Directorate for Information dporationa and Ptojots, 1215.3ofl9rrw
Dayfa I-tighway, lki ta• 1204, AtllnVla?n, VA 22202.4:312; and to the Office of bftu,apemottt taxi Budget, Paperwork Red=ion Project (0110-OOW), Woshinoton, DC 20303. Please
00 NOT RETUF N ,j-sur oounplstl•d $arnt has either of lhtrae addmoas. Completed trpplkat(on must be submitted to the District Engin4er having judad)otion over the
location cot the Itrc potod•siolivity.
The Department of alma Ar1'MJ pwrnll program is auttmnzed try Section 10 of the Rivera and Harbors Artof 11199, Sac401404 of ttmo GI4an Water Aa and Section 103 of the Mmine.
Protection. Reel to s i .and Sanctu ar as Act. These luwa require pwmils authorizing acti,6460s in or alfocting nwAgable waters of the United States, the 4Licharga of drtdgad oe fill
material into was sc 140 rho United Slates. and the p'anaportatian of drodoad material for "purpose of dumping it Into ocean waters. infwmsLtion provded on tHa tom, wal bo used
In ava uacng the *q)I1 atwrv for a parmiL ir-formadw '.n this application is made a miser bf public record thmoh,ssuamee of a Pull notion. Discioauro of the lnfermation
n queswad is voti m aiy; however, tlua data requests<f are necasswy In order to omtomunieato with the applicant and w evaluate the permit application. If necessary fnfrxmstlon 4
M provided, thc• p bruit appfic;aan cannot *a prroc";*d nor can a pormlt be Issued.
one set of w1oir al ri,'awingo or ijoatt mpre,duable espies which show the location and character of ttw proposed activity must be attached to this application (sae sample dravrings
c rd Instructions, a bo aubminsd o the 01strlet E rigineer having judsdklion ovw the tos.:.twn of the proposed activity. An application that Is not completed In full will be returned.
t. APPLICATIO CAMBER (To ;as assigned by Corps) 3. NAK, ADDRESS, AND TITLE OF AUTHORIZED AGENT
H. Franklin Vick, P.E.
Manager, Planning & Environmental Branch
Telephone no. during business hms
2. NAME AND lhC E-RsESS OF APF°-ICANT
North I'vroline !?i;partment or Transportation A)C( ) (Residanca)
#1 Wilm:.l ,gton Street A/C (819 ) _Z,3-3...?-M41 (Office)
.j Raleigh. North Giirolina, .2 7611 Statement of Authwikatibn: I hatweby dosionaw and iuthorlxe
to act in my
I? bvhall as my agent in the proceesing of this permit application and to fumiah.
Telephone rtt•- 9,.idng business Ptom upon request, supplemental Information in support of rho application.
A/C ( ) .- J -s ^?T--T __ (Residerti<.e) SIGNATURI OF APPLICANT DATE
}( Arc (office)
4, DETAILED VLrfaRIPTION OF 1'ROP10SED A:'TIviTY Bast Charlotte Outer Loop, I-485 from I-$5 to Idlewi-ld Road
4a. ACTIVITY
Constriction ol-F zcntrolled-access, 4-lane divided highway on new location
.I
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Y
4b. PURPOSE
Public T'rant:ipo:rt.ation
40, DISC}f"'71 OF ORED0E0 OR FILL MrlYERVL
See attelched pei:mit drawings and correspondence
F dC FaRIA 4:i45, See 91 EDITION of JA, 21 isaasaEW.
RCV BY:wil?inctvon j:,s icti +iz-
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,ES AND ADDRESSc;7 OF AaJC*444K. P7 7M77 t:wlvE,;;s,
yee attached pe.ririt drawings
l-v? r 17 L4 r UJ M"111I VVINFJr 611V1 %V VVr%V6 nv,ZI,
ESSsES, ETC_, wROSE PROPERTY ALSO ADJCANS THE WATERWAY
ATERBODY AND LOt:A LION on WAMRSOOY WHEit.E AMVITY FASTS OR iS PROPOSED
Kallard Creed
:GATi0N t N k.AND ?yrki:l F ACt7lVrit' @03TS OR IS FIR' )POSED
ADDRESS:
S e attech3d parmit drawings
STREET, ROAD, RO JI E: OR OTHER 0 tit i1P"1NE Lt7CAYlON
......??..?.r? ZIP CODE,
COUNTY $T?i'fE
UWAL GOVERNINCI UZY WITH JIIHISCICTION OL'EffslTE
ow complete? [3 YE
a any portion tat the sob4ry for which tluittattzation is awght I 3 NO
It answer Is "yes* give a4iaona, month and year the eallivitr wpbs cwnpfated• Indicatr, the existing work on the drawings.
List all approvals or rArt'tications and tie. vials roaeived '!turn other fudaral, IntslktrttIL State or local agencies for any atruclurM, consttuotion, ditxherges or atria(
activities described In tt ir. ,application.
ISSUING AGENCY 3YPE op AcIVAL :'IDENTIFICATION NO. DATE OF APPMAYiON DATE OF APPROVAL DATE OF DENIAL
I, Appl"ilon is hereby n &IS fora perrntr or permits to suthorita the activities described herein. I certify that I aM famillat with the information contained in the
application, and the to 'Ihe bmit of my Itnowtorige and b&Wf such information is true. complete, and scctuata. I further certify that t possess the authority to
urrdertake the proposed activities or I tlm acting as ttm duly authotizad agent of the applicant.
t:
P!E ATURE OP Af P..:i?ANT StGNATUR A13ENr DATE
e
The Application (dust be signer:' Ly the person who desires to undartake rho proposed activity (aPpliCant) Or It may be signed by d duly
authorized agent if ta-?ft Sral-ame,'.1 In block 3 has been filled out and signed,
is U.S.C. Section 104.1 pxViam Cwt Whoever, ill any manner within the jurisdiction of any department or agency of The United States
ktrowingly and will !u tji WS:624, ccan*uds, trt oav4vs up by any trick. scheme, or device a matorial fact or makos any false, fictitious or itaudulont
statements ar reprett:rntauons or makes or twos >uty false writing or document knowing Sarno t5 contain any false licutiou s of
traudukmt staterneni jr ersrt. 0,.dl De fined net enwo than $10,000 or imprisoned not more Mn No Velars, of both.
'A nvr•rSO of ENS foft! 4345 'U.S. Gw?nuf»nl i?r:xmp Oaicn: trip. t - G2C.2Ckd4t1}JS
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N.C. DEPT. 01, TRANSPORTATION
OIVISION OF HIGHWAYS
MECKLENBURG COUNTY
2.3 AC. , .1671601 (R- 123ce )
PROPOSED CONSTRUCTION OF THE
CHARLOTTE OUTER LOOP (1-485)
FROM NORYii OF HARRIS HOUSTON
RD. (.SR2S00) TO NORTH OF X-65
SCALE AS SHOWN RBVISED 7 - 95
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MCCKLENSURG COUNTY
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N.C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
PROJECT: 8.1671601 (R-2123 BB)
PROPOSED CHARLOT'T'E
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FILL IN SURFACE WXTERS I
N.C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
PROSECT: 8.16? 1501 (R-2123 BA)
PR.OPOSEI) CHARLOTTE
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N,C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
PROJECT: 8.10671601 (R-2123 BA)
PROPOSED CHARLOTTE
OUTER LOOP
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SITE, STM.710 : _ FAL IN
FILL IN
WETLANDS SURFACE WATERS
(A.C) (AC)
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2 13 8.+ + 00 -L- 0.88 Q
3 1405 + 00 -L- 0.83 0
1.71 Q.33
N.C. DEPT. OF TRANSPORTATION
DIVISION OF S110R 'AYS
MECKLENBURG COUNTY
PROJECT: 8.1671601 (R-2123 BA)
PROPOSED CHARLOTTE
OUTER LOOP
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SUMMARY REPORT R A n
ST?LTION FILL IN FILL IN
WFTL ANDS SURFACE WATERS
(AC) (AC)
1 1123 + 00 -L- 0 0.57
2 1116 4.00 -1..- 0 1.75
0 2.32
N.C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
PROJECT: 8.1671601 (R-2123 AB)
PROPOSED CHARLOI-rE
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State of North Carolina
Department of Environment,
XT"A
Heolth and Natural Resources /?.
Division of Coastal Management -?
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary E3 FE H N F1
Roger N. Schecter, Director
December 12, 1995
MEMORANDUM
TO: Mr. A. Preston Howard, P. E.
Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland "404" Coordinator
SUBJECT: "404" Project Review
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199504596 dated
December 7, 1995 describing a proposed project by the NC DOT is being circulated to interested
state agencies for comments on applicable Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by January 5, 1996. If you have any questions regarding the proposed project, please
contact me at 733-2293. When appropriate, in-depth comments with supporting data is requested.
REPLY This office supports the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed
Date
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199504596 December 7, 1995
PUBLIC NOTICE
The North Carolina Department of Transportation, Division of Highways,
Post Office Box 25201, Raleigh, North Carolina, 27611-5201 has d for a
Department of the A DA) permit TO PLACE FILL MATERIAL INT .42 RES OF
SURFACE WATERS AND CRES OF WETLANDS ADJACENT TO STONY CREEK, MALLARD
CREEK, REEDY CRE E CREEK, CLEAR CREEK, AND GOOSE CREEK TO FACILITATE
THE CONSTRUCTION OF THE EAST CHARLOTTE OUTER LOOP HIGHWAY (I-485) BETWEEN
INTERSTATE HIGHWAY 85 AND IDLEWILD ROAD, A DISTANCE OF APPROXIMATELY 20.4
MILES EAST OF CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the principle area of impact to be near the confluence of
Stony Creek and Mallard Creek at the northern end of the project where an
interchange with I-85 is proposed. Approximately 1600 linear feet of Stony
Creek would be relocated with an additional 275 feet of channel piped in a box
culvert. The existing 40-foot wide channel would be replaced by a 20-foot
wide channel with rock banks. Approximately 0.8 acres of scrub shrub wetlands
adjacent to Stony Creek would be filled for roadway and interchange
construction. Five-hundred-foot long bridge spans are proposed at the Mallard
Creek crossing, however 2.3 acres of bottomland hardwood wetlands on the north
side of the creek would be eliminated by approach fills. At McKee Creek
approximately 1.3 acres of a wooded, seepage wetland would be filled. The
remaining wetland crossings consist of narrow riparian corridors along upper
perennial or intermittent stream channels. Between Reedy Creek and the
project's southern terminus, road construction would impact four man-made
ponds with a total surface area of approximately 3.2 acres. The purpose of
the work is to construct a new controlled-access, 4-lane divided highway from
Interstate 85 to Idlewild Road where it would link with the South Charlotte
Outer Loop already under construction. The applicant proposes to mitigate for
impacts to the 3.44 acres of wetlands at a a ony Creeks by
Me ty.---T ican ica a ffiat a mitigation plan for
the-1Anvj--Greek--site will be available for review concurrently with the
publication of this notice. The applicant prepared an Environmental Impact
Statement (EIS) for this project which was finalized on August 10, 1989.
Plans showing the work are included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army (DA) permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a DA permit be issued until the North Carolina Division of Environmental
Management (NCDEM) has determined the applicability of a Water Quality
Certificate as required by PL 92-500.
This application is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the
comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.

The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of suchoreso rces. historical
Presently, unknown archeological, scientific, prehistorical,
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food andifiber
production, mineral needs, considerations of property ownership, and,
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment (EA) and/or an Environmental
Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and
to determine the overall public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA)
permit will not be made until the North Carolina Division of Environmental
Management (NCDEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The NCDEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and is public the noticefforcthe Department of
the Army (DA) permit serves as application o NCDEM c.
2
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management (NCDEM), Salisbury Street,
Archdale Building, Raleigh, North Carolina. Copies of such materials will be
furnished to any person requesting copies upon payment of reproduction costs.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management (NCDEM), 4401 Reedy Creek Road,
Raleigh, North Carolina 27611-7687, on or before December 29, 1995,
Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Steven Lund, until 4:15 p.m.,
January 5, 1996, or telephone [phone].
3
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PROJECT FILL IN FILL IN CUT IN
SECTION WETLANDS SURFACE WETLANDS
WATERS
(AC) (AC) (AC)
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MECKLENBURG COUTJTY
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SITE STATION _ FILL IN FILL IN CUT 11?f
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WATERS
1 (AC) (AC) (AC)
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SCALE: 1'- 200'

N.C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
PROJECT: 8.1671601(R-2123 BB)
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SITE STATION _ FILI. IN FILL IN
WETLANDS SURFACE WATERS
(AC) (AC)
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2 1380 + 00 -L- 0.88 0
'3 1465 + 00 -L- 0.83 0
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N.C. DEPT, OF TRANSPORTATION
DIVISION OF ?UGHWAYS
MECKLENBURG COUNTY
PROJECT: 8.1671601 (R-2123 BA.)
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PROJECT: 8.1671601 (R-2123 BA)
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N.C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
PROJECT: 8.1671601 (R-2123 AB)
PROPOSED CHARLOTTE
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SHEET ik, OF 2.$
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N.C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
PROJECT: 8.1671601 (R-2123 AB)
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DEPARTMENT OF THE ARMY
Wilmington District,,Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199504596 December 7, 1995
PUBLIC NOTICE
The North Carolina Department of Transportation, Division of Highways,
Post Office Box 25201, Raleigh, North Carolina, 27611-5201 has applied for a
Department of the Army (DA) permit TO PLACE FILL MATERIAL INTO 4.42 ACRES OF
SURFACE WATERS AND 6.75 ACRES OF WETLANDS ADJACENT TO STONY CREEK, MALLARD
CREEK, REEDY CREEK, McKEE CREEK, CLEAR CREEK, AND GOOSE CREEK TO FACILITATE
THE CONSTRUCTION OF THE EAST CHARLOTTE OUTER LOOP HIGHWAY (I-485) BETWEEN
INTERSTATE HIGHWAY 85 AND IDLEWILD ROAD, A DISTANCE OF APPROXIMATELY 20.4
MILES EAST OF CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the principle area of impact to be near the confluence of
Stony Creek and Mallard Creek at the northern end of the project where an
interchange with I-85 is proposed. Approximately 1600 linear feet of Stony
Creek would be relocated with an additional 275 feet of channel piped in a box
culvert. The existing 40-foot wide channel would be replaced by a 20-foot
wide channel with rock banks. Approximately 0.8 acres of scrub shrub wetlands
adjacent to Stony Creek would be filled for roadway and interchange
construction. Five-hundred foot long bridge spans are proposed at the Mallard
Creek crossing, however 2.3 acres of bottomland hardwood wetlands on the north
side of the creek would be eliminated by approach fills. At McKee Creek
approximately 1.3 acres of a wooded, seepage wetland would be filled. The
remaining wetland crossings consist of narrow riparian corridors along upper
perennial or intermittent stream channels. Between Reedy Creek and the
project's southern terminus, road construction would impact four man-made
ponds with a total surface area of approximately 3.2 acres. The purpose of
the work is to construct a new controlled-access, 4-lane divided highway from
Interstate 85 to Idlewild Road where it would link with the South Charlotte
Outer Loop already under construction. The applicant proposes to mitigate for
impacts to the 3.44 acres of wetlands at Mallard and Stony Creeks by
developing an equal area of wetlands at a site on Long Creek in northern
Mecklenburg County. The applicant has indicated that a mitigation plan for
the Long Creek site will be available for review concurrently with the
publication of this notice. The applicant prepared an Environmental Impact
Statement (EIS) for this project which was finalized on August 10, 1989.
Plans showing the work are included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army (DA) permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a DA permit be issued until the North Carolina Division of Environmental
Management (NCDEM) has determined the applicability of a Water Quality
Certificate as required by PL 92-500.
This application is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the
comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.

The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would-not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment (EA) and/or an Environmental
Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and
to determine the overall public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA)
permit will not be made until the North Carolina Division of Environmental
Management (NCDEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The NCDEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army (DA) permit serves as application to the NCDEM for certification.
2
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management (NCDEM), Salisbury Street,
Archdale Building, Raleigh, North Carolina. Copies of such materials will be
furnished to any person requesting copies upon payment of reproduction costs.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management (NCDEM), 4401 Reedy Creek Road,
Raleigh, North Carolina 27611-7687, on or before December 29, 1995,
Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Steven Lund, until 4:15 p.m.,
January 5, 1996, or telephone [phone].
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1:ILL. IN I
F ILL IN CUT IN
SECTION WETLANDS SURFACE WETLANDS
WATERS
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WA'T'ERS
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' n' N.C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
{ MECKLENBURG COUNTY
PROJECT: 8.1671601 (R-2123 CB)
n.: PROPOSED CHARLOTTE
.?•' OUTER. LOOP
f SHEET 13 0 F 7-
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N.C. DEPT. OF TRANSPORTATION
?.:`O $0 b? .10 O ?f0. DIVISION OF HIGHWAYS
"?---? - MECKLENBURG COUNTY
8.1671601 (R-2123C8 )
PROPOSED CONSTRUCTION Or THE
DENOTES EXCAV. IN WETLANDS p CHARLOYTE OUTER LOOP (x-405)
I.` - ,_•_`.= ??..? i. t- QZ?• FROM NORTH OF HARRX$ HOUSTON
RD. (SR2800) TO NORTH OF I-85
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FILL IN Wls`TLANDS
N.C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
PROJECT: 8.1671601 (R•2123 CB)
PROPOSED CHARLOTTE
OUTER LOOP
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SUMMARY REPORT' M 2; 2.3 f.? D
SITE STATION FILL IN
FILL IN
WETLANDS SURFACE W.aTERS
(AC) (AC)
1 15 " 5 t 00 -L- 1.30
0
2 1560 + 00 -L- 0 0.57
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PLAN 'VIEW SITE - I
f ('/ /r DENOTES FILL IN WETLANDS
SCALE: 1'- 200'
N.C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
PROJECT: 8,1671601(R-2123 BB)
PROPOSED CHARLOTTE
OUTER LOOP
i
SHEET ) OF 218 '
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N.C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
PPM CT: 8.1671601 (R-2123 BB)
PROPOSED CHARLOT'F'L
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SUMMARY REPORT
SIT '=* STATION _ FITL IN
WETLANDS
(AC)
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FILL IN
SURFACE WATERS
(AC)
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N.C. DEPT. OF TRANSPORTATION
DIVISION OF HUGHWAYS
ML-CKLENBURG COUNTY
PROJECT: $.1671601 (R-2123 BA)
PROPOSED CHARLOTTE
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FILL IN WETLANDS
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N.C. DEPT. OF TRANSPORTA'T'ION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
PROJECT: 8.1671601 (R-2123 BA)
PROPOSED CHARLOTTE
OUTER ILOOP
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FILL IN WETLANDS
N.C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
PROJECT: 8.1671601 (R-2123 BA)
PROPOSED CHARLOTTE
OUTER Loop I
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STATION
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SUMMARY REPORT
FILL IN
WETLANDS
(AC)
0
0
0
R- z?z AC5
FILL IN
SURFACE WATERS
(AC)
0.57
1.75
2.32
N. C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
PROJECT: 8.1671601 (R-2123 AB)
PROPOSED CHARLOTTE
OUTER LOOP
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FILL M 5URFAC:E WATERS
N.C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
PROJECT: 8.1671641 (R-2123 AB)
PROPOSED CHARLOTTE
OUTER LOOP n t 0 - q 5?
SHEET x7 OF 2-tj
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41
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FILL '111 SLlRFAi-E? WATERS
N.C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
PROJECT: 8.1671601 (R-2123 AB)
PROPOSED CHARLOTTE
OUTER LOOP )?F V w -
SHEET Z8 OF ZB
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., RE., Director
August 16, 1995
Mr. Frank Vick
NC DOT
P. O. Box 25201
Raleigh, N.C. 27611-5201
Subject: Request for 401 Certification for
East Charlotte Outer Loop
Mecklenburg County
TIP # R-2123CB
DEM # 95755
Dear Mr. Vick:
'T' 4 'A
?EHNR
FILE CT"T
The Division of Environmental Management (DEM) performed a site visit for the
subject project on August 14, 1995. Ms. Cyndi Bell and David Cox were also present.
We understand that the Corps of Engineers has returned the application due to segmentation
issues. DEM has provided an initial response to the application to allow DOT to proceed
with project modifications. However, DEM cannot process a 401 Certification application
until the segmentation issue is resolved with the Corps.
Site 1 is a 2.3 acre bottomland hardwood system that is set back approximately 100
feet from the northern edge of Mallard Creek. This wetland is performing significant
functions including water storage, bank stabilization, pollutant removal, wildlife and aquatic
life habitat. The current design has the mainline and interchange ramp filling the entire
wetland. Can DOT relocate this area to avoid the wetland? Are there designs that could
minimize the impacts other than bridging?
Site 2 is an approximately 1600 feet stream relocation of Stony Creek into an
approximately 1200 feet relocated channel. The stream carries a lot of water during storm
events. This was evident to the high rack line. A removal of 400 feet of stream may
significantly increase flooding downstream. DOT should investigate flood mitigation efforts
should the proposed modifications be constructed.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 1 0°16 post-consumer paper
Mr. Frank Vick
August 17, 1995
Page Two
Site 3 is where DOT proposes to culvert approximately 275 feet of Stony Creek. It is
unclear why DOT is proposing a 6 feet base ditch through a wetland. DOT should justify the
need for this ditch. DOT should include the impacts of the ditch on the wetlands. DOT
states that the cut area is not designed to drain the wetlands but recent field work done by
DEM in the piedmont shows that if channels are deeper than 6 inches, wetlands are present
(at most) half the time. DEM prefers that the ditch stop and drop the water into the wetland
rather than carrying on to Stony Creek. This will allow for pollutants to be removed and not
discharged into Stony Creek.
Should you have any questions, please contact Eric Galamb or me at 733-1786.
Sincerely,
J n R. Dorney
E vironmental Superviso
95755.1tr
cc: Central Files
Asheville Corps of Engineers
Wilmington Corps of Engineers
Samir Bou-Ghazale, Mooresville Regional Office
Cyndi Bell, DOT
14 ---- b
9 57 55
p. SfATf o,
RECEIVED
JUL 2 1 1995
ENVIRONMENTAL SCIENCES
STATE OF NORTH CAROLINA RRe1,10H
DEPARTMENT OF TANSPORTATION
JAMES B. HUNT JP, DIVISION OF HIGHWAYS R. SAMUEL HUNT III
GOVERNOR P.O. BOX 25201. RALEIGH, N.C. 27611-5201 SECRETARY
July 12, 1995
Regulatory Branch
U. S. Army Corps of Engineers
Wilmington Field Office
P. 0. Box 1890
Wilmington, North Carolina 28402-1890
Dear Sir:
SUBJECT: Mecklenburg County - East Charlotte Outer Loop from Interstate 85
to NC 49; TIP Nos. R-R2123CB; State Project No. 8.1671601
The North Carolina Department of Transportation proposes to construct a
new controlled-access, 4-lane divided highway from Interstate 85 to south of
Mallard Creek in Charlotte. This will include approximately 2.7 miles of the
East Charlotte Outer Loop. Please note that this will connect with a 0.8
mile segment already under construction (R-2123CA). No wetlands were
involved in R-2123CA. The two projects together will provide a new
I-85/NC 49 Connector. This facility will partially overlap the existing
I-85/US 29 Connector, which will be closed during construction of the new
highway. The existing I-85/US 29 Connector interchange at US 29 will be
abandoned, as a new interchange will be constructed at US 29 on the Outer
Loop.
In recent discussions with your agency, NCDOT has indicated our intent
to submit a single application for the entire East Charlotte Outer Loop, from
I-85 to Idlewild Road; however, we respectfully request that you process the
segment discussed herein as a single and complete project. This segment is
the only portion of the East Charlotte Outer Loop for which detailed design
has been completed. The remaining sections, constituting fourteen miles of
the project, are in preliminary design. The construction dates for those
sections are currently scheduled for 1999 or later.
Please consider the fact that the currently proposed project contains
only one wetland fill site adjacent to Mallard Creek. This creek flows
perpendicular to the East Charlotte Outer Loop; therefore, a crossing of
Mallard Creek at some location on this project is unavoidable. The remaining
fourteen miles will also involve several wetland crossings. These sites have
already been delineated in accordance with the 1987 Manual by NCDOT
biologists. With this information available, we anticipate that we will be
better able to implement avoidance and minimization measures in completing
the detailed design. Thus, we have accurate drawings of the wetland impact
site at Mallard Creek, but would only be able to provide preliminary drawings
of the wetland sites on the rest of the East Charlotte Outer Loop.
July 12, 1995
Page 2
Furthermore, the construction project included in this package will
replace the existing I-85/US 29 Connector with an I-85/NC 49 Connector. This
project will have fully independent utility, as it will provide access to and
from the interstate for two major roadways. This portion of the East
Charlotte Outer Loop was scheduled ahead of the rest of the project due to
heavy traffic volumes in this area of Mecklenburg County. I-85, US 29 and
NC 49 provide service to the University of North Carolina at Charlotte and
the University Research Park, as well as access to downtown Charlotte.
An Environmental Impact Statement for the entire East Charlotte Outer
Loop was approved on August 10, 1989. This document details planning studies
pertaining to impacts on natural systems and protected species. Copies of
the EIS have been provided to regulatory review agencies involved in the
approval process. Additional copies will be provided upon request.
On April 15, 1995, the wetland delineation for this project was checked
in the field with Mr. Steven Lund of the DOA Asheville Regulatory Field
Office. The attached permit application package includes drawings of the
stream crossings involved in this project. Site 1 shows details of two
bridge crossings at Mallard Creek for the highway mainline and an access
ramp. A 2.3 acre bottomland hardwood system is set back approximately 100
feet from the north edge of the creek. In order to avoid filling this
wetland, the mainline and ramp bridges would need to be extended
approximately 400 and 200 feet, respectively. The construction/engineering
cost associated with extending these two bridges would exceed 2.5 million
dollars, and this figure does not include the cost of re-designing the
project. In our opinion, avoidance of the 2.3 acre fill area would not
justify this expenditure, particularly since the wetland would still be
impacted by shading.
The drawing of Site 2 illustrates a channel change at Stony Creek near
US 29. No wetland fill is involved at this location. The drawing of Site 3
shows details of a second channel change where an access ramp crosses Stony
Creek. A disturbed wetland system in a cutover field falls outside of the
toe of fill at this location. Excavation of 0.02 acre of this wetland for a
base ditch will be required. This cut area is not designed to drain the
In order to mitigate 3 ap-d associated with this
project, NCDOT proposes to t"`Z-3 units of credit from the Long Creek
mitigation site. The mitigation plan for this site is currently under
development by Environmental Services, Inc. The mitigation site is to be
constructed in 1996, with monitoring to be initiated in the spring of 1997.
wetland system, but rather to avo_. ooding of the roadway.
he 2. wetland fill area Also attached is a report on protected species investigations conducted
for this project. Surveys for the Carolina heelsplitter and Schweinitz's
sunflower were completed in 1994. A "No Effect" determination was made for
each species.
Application is hereby made for a Department of the Army Individual 404
Permit as required for such activities. By copy of this letter, we are also
requesting 401 Water Quality Certification by the North Carolina Division of
Environmental Management.
July 12, 1995
Page 3
Thank you for your assistance. If you have any questions, please
contact Cyndi Bell at [phone], Extension 306.
Sincere1 ,
H. Franklin Vick, P. E., Manager
Planning and Environmental Branch
HFV/tp
Attachments
cc: Mr. B. G. Payne, P. E., Division 10 Engineer
Mr. John Dorney, DEM, DEHNR
Mr. Steven Lund, DOA, Asheville
Mr. N. L. Graf, P. E., FHWA
Mr. Archie Hankins, P. E., Hydraulics
Mr. Victor Barbour, P. E., Design Services
Mr. Tom Shearin, P. E., Roadway Design
Mr. Kelly Barger, P. E., Program Development Branch
Mr. Don Morton, P. E., Highway Design
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OME APPROVAL NO. 0710-0003
(33 CFR 325) Expires 30 September 1992
reporting burden for this collection of information is estimated to average 5 hours per response for the majority of cases, Including the time for reviewing instructions,
>,*ching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Applications for larger or more complex
-;3cts, or those in ecologically sensitive areas, could take up to 500 hours. Send comments regarding this burden estimate or any other aspect of this collection of information,
..:::ding suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service, Directorate for Information Operations and Projects. 121S Jefferson
<e-i Highway, Suite 1204, Arlington, VA 21202-4302; and to the Office of Management and Budget. Paperwork Reduction Project (0710-0003), Washington, DC 20503. Please
110 NOT RETURN you completed form to either of these addresses. Completed application must be submitted to the District Engineer having jurisdiction over the
.v:ation of the proposed activity.
Tha Department of the Awry permit program is authorized by Section 10 of the Rivers and Harbors Act of 1899, Section 404 of the Clean Water Act and Section 103 of the Marine,
Protection, Research and Sanctuaries Act These laws require permits authorizing activities in or affecting navigable waters of the United States, the discharge of dredged or fill
rrAterial into waters of the United States, and the transportation of dredged material for the purpose of dumping it into ocean waters. Information provided on this form will be used
n uvaluating the application for a perniL Information in this application is made a matter of public record through issuance of a public notice. Disclosure of the information
requested is voluntary; however, the data requested are necessary in order to communicate with the applicant and to evaluate the permit application. It necessary information is
of provided, the permit application cannot be processed nor can a permit be issued.
: ?a set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings
nd instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full wr11 be returned.
i. APPLICATION NUMBER (To be assigned by Corps)
`:AME AND ADDRESS OF APPLICANT
North Carolina Department of Transportation
#1 Wilmington Street, Raleigh, NC, 27611
Telephone no. during business hours
A/C ( ) (Residence) 7333141 A/C( 919 ) - (Office)
3. NAME, ADDRESS, AND TITLE OF AUTHORIZED AGENT
H. Franklin Vick, P.E., Manager
Planning & Environmental Branch
Telephone no. during business hours
A/C ( ) (Residence)
AlC (q l q) 733=31 41 (Office)
Statement of Authorization: I hereby designate and authorize
to act in my
behalf as my agent in the pmces3 ng of this permit application and to furnish,
upon request, supplemental inl9f0aV in support oyhe cation.
'DiETA1LED DESCRIPTION OF PROPOSED ACTIVITY
DATE
7/iz is
ACTIVITY
See Attached Application Package

-? rAJRPOSE
<?"HARGE OF DREDGED OR FILL MATERIAL
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a r
N.C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
8.1671601 (R-2123CS)
PROPOSED CONSTRUCTION OF THE
CHARLOTTE OUTER LOOP (1-485)
FROM NORTH OF HARRIS HOUSTON
RD. (SR2800) TO NORTH OF I-85
SCALE AS SHOWN REVISED 7 - 95
SHEET_L OFA AUGUST 19911
W OG 95
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DIVISION OF HIGHWAYS
l MECKLENBURG COUNTY
DEIVOTE5 FILL./N..WETLf_?AID52.3 AC. 8.1671601 (R-2123C8 )
PROPOSED CONSTRUCTION OF THE
CHARLOTTE OUTER LOOP (I-485)
FROM NORTH OF HARRIS HOUSTON
RD. (SR2800) TO NORTH OF I-85
SCALE AS SHOWN REVISED 7 - 95
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N.C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
8.1671601 (R-2123CS)
PROPOSED CONSTRUCTION OF THE
CHARLOTTE OUTER LOOP (I-485)
FROM NORTH OF HARRIS HOUSTON
RD. (SR2800) TO NORTH OF I-85
,SCALE AS SHOWN REVISED 7 - 95
SHEET OF-, AUGUST 1991
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DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
8.1671601 (R-2123CB )
PROPOSED CONSTRUCTION OF THE
CHARLOTTE OUTER LOOP (1-485)
! ?C1 ?? ` `\ FROM NORTH OF HARRIS HOUSTON
/ RD. (SR2800) TO NORTH OF T-ac
l PRU? 3e??;r?3 RCpi SCALE as SHOWN REVISED 7 - 95
AUGUST 1991
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N.C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
8.1671601 (R-2123C8)
PROPOSED CONSTRUCTION OF THE
CHARLOTTE OUTER LOOP (I-485)
FROM NORTH OF HARRIS HOUSTON
RD. (SR2800) TO NORTH OF-1-85
SCALE AS SHOWN REVISED 7 - 95
SHEET OF&- AUGUST 1991
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N_C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
8.1671601 (R-2123C6)
PROPOSED CONSTRUCTION'OF THE
CHARLOTTE OUTER LOOP (I-485)
FROM NORTH OF•HARRIS.HOUSTON
RD. (SR2800) TO „NORTH ' OW7I-85
,SCALE AS SHOWN REVISED 7 - 95
SHEET-7 OFA- AUGUST 1991

AREA OF FILL IN WETLANDS 0.0 ACRES
FILL BELOW ORDINARY HIGH WATER 1210 CY
SITE 3
AREA OF EXCAV. IN WETLANDS 0.02 ACRES
FILL BELOW ORDINARY HIGH WATER 280 CY
TOTALS
AREA OF FILL IN WETLANDS 2.32 ACRES
FILL BELOW ORDINARY HIGH WATER 1490 CY
AREA OF EXCAV. IN WETLANDS 0.02 ACRES
PROPERTY OWNERS
1. MARTIN MARIETTA CORPORATION
Superior Stone Division
P. 0. Box 240635
Charlotte, N. C. 28224
2. FUNDED LAND INVESTMENT PARTNERS
C/O James W. Clay
8931 J. M. Keynes Drive #4
Charlotte, N. C. 28213
3. STANFRED D. DUREN
RFD 10, Box 256-K
Charlotte, N. C. 28213
4. LOUISE STAFFORD
1242 Townes Avenue
Charlotte, N. C. 28209
5. A.C.G.W. DEVELOPMENT, PA
P. O. Box 31511
Charlotte, N. C. 28231
6. CARRRIE LEE ALEXANDER PUGH
1521 Sterling Road
Charlotte, N. C. 28209
7. HARRY HAYNES BAIRD
1012 Kings Drive
Charlotte, N. C. 28207
yyye ,,,?,.,
1 ?
STATE OF NORTH CAROLINA
DEPARTMENT OF T11ANSPORTATION
JAMES B. HUNT, JR.
GOVERNOR
MEMORANDUM TO:
FROM:
DIVISION OF HIGHWAYS
P.O. BOX 25201. RALEIGH. N.C 27611-5201
October 4, 1994
R. SAMUEL HUNT 11 l
SECRETARY
Joe Westbrook, P.E., Project Planning
Lane Sauls, Environmental Biologist
Environmental Unit
SUBJECT: Protected Species Investigations
associated with the Construction
Consultation of the Charlotte Outer Loop,
Mecklenburg County; Project No. R-2123 CA
& CB.
REFERENCE: E.I.S. R-2123; East Charlotte Outer Loop
completed August 1989.
Plants and animals with federal classifications of
Endangered (E), Threatened (T), Proposed Endangered (PE), and
Proposed Threatened (PT) are protected under provisions of
Section 7 and Section 9 of the Endangered Species Act of
1973, as ammended.
As of September 15, 1994, the FWS lists the two
federally protected species for Mecklenburg County:
Carolina heelsplitter (Lasmigona decorata) and Schweinitz's
sunflower (Helianthus schweinitzii) . Both species are
listed as Endangered (a species that is threatened with
extinction throughout all or a significant portion of its
range).
Lasmigona decorata (Carolina heelsplitter) E*
"*" Denotes that no specimen from Mecklenburg County
found in the past twenty years (1973-1993).
Animal Family: Unionidae
Date Listed: July 19, 1993
Distribution in N.C.: Cabarrus, Mecklenburg, Union.
The Carolina heelsplitter has an ovate, trapezoidal,
unsculptured shell which is greenish, yellowish, or brownish
in color with greenish or blackish rays. The nacre is
usually pearly-white to bluish-white graying to orange near
the umbo and in older specimens the entire nacre may be
mottled orange. The umbo is flattened and the beaks are

2
depressed and project a little above the hinge line.
Habitat for the Carolina heelsplitter has been found in
creeks, streams, and rivers. Individuals are most often
found in shaded areas, either in a ponded portion of a small
stream, or in runs along steep banks with a moderate current.
Water less than three feet deep and substrates that are
composed of soft mud, sand, muddy-sand, and sandy gravel are
preferred. Presently, only three known populations of this
mussel species exists; two of these populations are found in
the North Carolina streams of Waxhaw Creek, Catawba River
System, Union County and Goose Creek, Pee Dee River System,
Union County.
BIOLOGICAL CONCLUSION: NO EFFECT
Suitable habitat does not exis't at the project site for
the Carolina heelsplitter. Distinct channelization,
shoreline erosion and heavy siltation are present. A survey
was conducted for evidence of mussel fauna. No evidence of
naiades exists. Therefore, no adverse effects are expected
to the Carolina heelsplitter as a result of project
construction.
Helianthus schweinitzii (Schweinitz's sunflower) E
Plant Family: Asteraceae
Federally Listed: June 6, 1991
Flowers Present: mid September-early October
Distribution in N.C.: Cabarrus, Davidson, Mecklenburg,
Montgomery, Randolph, Rowan, Stanly, Stokes,
Union.
Schweinitz's sunflower is a rhizomatous perennial herb
that grows 1-2 m tall from a cluster of carrot-like tubrous
roots. The stems are deep red, solitary and only branch
above mid-stem. The leaves are rough feeling above and
resin-dotted and loosely soft-white-hairy beneath. Leaves
of the sunflower are opposite on the lower part of the stem
and usually become alternate on the upper stem. The broad
flowers are borne from September until frost. These flowers
are yellow in color and arranged in an open system of
upwardly arching heads. The fruit is a smooth, gray-black
achene.
Schweinitz's sunflower is endemic to North and South
Carolina. These sunflowers grow best in full sunlight or
light shade in clearings and along the edges of open stands
of oak-pine-hickory upland woods. Common soils that.-this
species is found in are moist to dryish clays, clay-loams, or
sandy clay-loams, often with a high gravel content and always
moderately podzolized. Natural fires and large herbivores
are considered to be historically important in maintaining
open habitat for these sunflowers.
e
I
3
BIOLOGICAL CONCLUSION: NO EFFECT
A plant-by-plant survey was conducted in areas providing
suitable habitat: roadsides (I-85, US 29, NC 49 and SR
2800); railroad tracks (south of NC 49), powerline right-of-
ways (from SR 2800 to SR 2833 and from SR 2800 to SR 2771);
and forest edges contiguous with these open areas. No plants
were observed. Therefore, no current impacts to Schweinitz's
sunflower are expected.
cc: V. Charles Bruton, Ph.D.
M. Randall Turner, Environmental Supervisor
'File: R-2123 CA & CB
J
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r , MrdY1ORANUUM PRIM' NAMES :
g Reviewer: M emu. ?SN
Jonn_uorney _Wu, bupv
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Pianning Branchxl'E: S
SUliUr.C : ' WETLAND STAFF REPORT A-Nu REC:UMM.C,iV11i-i'1'YULVS
*.*'*EACH 'ITEM MUST BE ANSWERED (Ub N/A r UR NUS' 1 Y i !CABLE)
YLItMII' _ YK: 95 PERMIT NO: 0000755 COUNTY: MECKLELVBUtCti
APPLICANT iVllil? : NC DOT - EAST CHARLOTTE OUTER LOOP
i-xud CT-TYPE:- KL'1-i1J im-Lt luVr yiCiVl'S 1'.V,t{1' IT-1'YpE: IND.GUE_if : DU -4 : KG i G 3 C
KC D- ROPR CDA: DOT DATE- R _OUA : ' 07/2i/95
RIVER_AN.D_SUB BASINvj: UljU7ii 5•1'x-INDEXrmO: i3-i7-5
STREAM-CLASS: l:
WL-11,4rAUT :: O WL_1'YPE : W0770M1. a?,?-lA?wbuT
UVL_.K. QUESTED : Z. 3 WL_A CR EST IOLV
WA1'Ex 1y.-VACTED BY FILLC-)/iJ
M TIGAI'1ON7 : (9iv
MITIGATION-SIZE: Z•?j .ts'1L' YOU REQUEST 1ViUttr. LiV"Ul: Y,0
IS WE'MAND RATIiVL SHEET ATTACHED?-: &N
HAVE PROJECT BEEN DISC;US?:Eu WITH A.PrLICA.ivr?: YIN
REC,U1>'1£ ENUA ION (Circie~ One)ISSUE: !SSUE/COND DENY
t;i?P ViEN ?'S :, ,S iT /?0 • ` 77f bEi, 71 SC O( ,? 5 8' (: f?%?/ S • ?: fa l
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? predominantly mineral non-sandy
? predominantly sandy

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? steep topography
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ototal wet[anct width >1 00 feet A
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M-1 -A-MI IN
Arjiar-ent IM nd?useY
st=eam, upslope,
(within l I m e u
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O forestedlnIat raves et Lion o
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? impervious surfaco --
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Flooding and wetlieess

? semipermanently to permanent'y
flooded or inundated
seasonally _,flooa c !oi inundated
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? intermittantly flooded o- temporary
surface water

? no evidence of flooding or surface
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Wetland typg/ (select one)*
EBottomland hardwood forest ? Pine savanna
? Headwater forest ? Freshwater marsh
? Swamp forest ? Bog/fen .
? Wet flat ? Ephemeral wetland
? Pocosin 0 Carolina Bay
? Bog forest ? Other_
*The rating system cannot be applied to salt or brackish marshes or stream channels
weight
R Water storage x 4.00 =.... w„
Wetland Score
Q Bank/Shoreline stabilization x 4.00 =

Pollutant removal x 5.00
_ x
Wildlife habitat x 2.00 =
Aquatic life value _ x 4.00 =
?p
N Recreation/Education _ x 1.00 = ?
G t if in sensitive watershed and > 10%
i
* Add 1 nonpoint disturbance within 1 /2 mile upstream, upslope, or radius
n
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57
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?n O
ST?Cft OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR
GOVERNOR
DIVISION OF HIGHWAYS
P.O. BOX 25201, RALEIGH. N.C. 27611-5201
July 12, 1995
Regulatory Branch
U. S. Army Corps
Wilmington Field
P. 0. Box 1890
Wilmington, North
Dear Sir:
of Engineers
Office
Carolina 28402-1890
RECEIVED
JUL 2 1 1995
ENVIRONMENTAL SCIENCES
Rpt'mr, i
R. SAMUEL HUNT III
SECRETARY
N.C. DEPT. OF
ENVIRONMENT, HEALT
& NATURAL RESOURCE
JUL 27 1995
DIVISION OF ENVIRONMENTAL MANASEMEW
MOORESVILLE RESIONAL OFFICE
SUBJECT: Mecklenburg County - East Charlotte Outer Loop from Interstate 85
to NC 49; TIP Nos. R-R2123CB; State Project No. 8.1671601
The North Carolina Department of Transportation proposes to construct a
new controlled-access, 4-lane divided highway from Interstate 85 to south of
Mallard Creek in Charlotte. This will include approximately 2.7 miles of the
East Charlotte Outer Loop. Please note that this will connect with a 0.8
mile segment already under construction (R-2123CA). No wetlands were
involved in R-2123CA. The two projects together will provide a new
I-85/NC 49 Connector. This facility will partially overlap the existing
I-85/US 29 Connector, which will be closed during construction of the new
highway. The existing I-85/US 29 Connector interchange at US 29 will be
abandoned, as a new interchange will be constructed at US 29 on the Outer
Loop.
In recent discussions with your agency, NCDOT has indicated our intent
to submit a single application for the entire East Charlotte Outer Loop, from
I-85 to Idlewild Road; however, we respectfully request that you process the
segment discussed herein as a single and complete project. This segment is
the only portion of the East Charlotte Outer Loop for which detailed design
has been completed. The remaining sections, constituting fourteen miles of
the project, are in preliminary design. The construction dates for those
sections are currently scheduled for 1999 or later.
Please consider the fact that the currently proposed project contains
only one wetland fill site adjacent to Mallard Creek. This creek flows
perpendicular to the East Charlotte Outer Loop; therefore, a crossing of
Mallard Creek at some location on this project is unavoidable. The remaining
fourteen miles will also involve several wetland crossings. These sites have
already been delineated in accordance with the 1987 Manual by NCDOT
biologists. With this information available, we anticipate that we will be
better able to implement avoidance and minimization measures in completing
the detailed design. Thus, we have accurate drawings of the wetland impact
site at Mallard Creek, but would only be able to provide preliminary drawings
of the wetland sites on the rest of the East Charlotte Outer Loop. (9
July 12, 1995
. ?' Page 2
Furthermore, the construction project included in this package will
replace the existing I-85/US 29 Connector with an I-85/NC 49 Connector. This
project will have fully independent utility, as it will provide access to and
from the interstate for two major roadways. This portion of the East
Charlotte Outer Loop was scheduled ahead of the rest of the project due to
heavy traffic volumes in this area of Mecklenburg County. I-85, US 29 and
NC 49 provide service to the University of North Carolina at Charlotte and
the University Research Park, as well as access to downtown Charlotte.
An Environmental Impact Statement for the entire East Charlotte Outer
Loop was approved on August 10, 1989. This document details planning studies
pertaining to impacts on natural systems and protected species. Copies of
the EIS have been provided to regulatory review agencies involved in the
approval process. Additional copies will be provided upon request.
On April 15, 1995, the wetland delineation for this project was checked
in the field with Mr. Steven Lund of the DOA Asheville Regulatory Field
Office.- The attached permit application package includes drawings of the
stream crossings involved in this project. Site 1 shows details of two
bridge crossings at Mallard Creek for the highway mainline and an access
ramp. A 2.3 acre bottomland hardwood system is set back approximately 100
feet from the north edge of the creek. In order to avoid filling this
wetland, the mainline and ramp bridges would need to be extended
approximately 400 and 200 feet, respectively. The construction/engineering
cost associated with extending these two bridges would exceed 2.5 million
dollars, and this figure does not include the cost of re-designing the
project. In our opinion, avoidance of the 2.3 acre fill area would not
justify this expenditure, particularly since the wetland would still be
impacted by shading.
The drawing of Site 2 illustrates a channel change at Stony Creek near
US 29. No wetland fill is involved at this location. The drawing of Site 3
shows details of a second channel change where an access ramp crosses Stony
Creek. A disturbed wetland system in a cutover field falls outside of the
toe of fill at this location. Excavation of 0.02 acre of this wetland for a
base ditch will be required. This cut area is not designed to drain the
wetland system, but rather to avoid flooding of the roadway.
In order to mitigate the 2.3 acre wetland fill area associated with this
project, NCDOT proposes to debit 2.3 units of credit from the Long Creek
mitigation site. The mitigation plan for this site is currently under
development by Environmental Services, Inc. The mitigation site is to be
constructed in 1996, with monitoring to be initiated in the spring of 1997.
Also attached is a report on protected species investigations conducted
for this project. Surveys for the Carolina heelsplitter and Schweinitz's
sunflower were completed in 1994. A "No Effect" determination was made for
each species.
Application is hereby made for a Department of the Army Individual 404
Permit as required for such activities. By copy of this letter, we are also
requesting 401 Water Quality Certification by the North Carolina Division of
Environmental Management.
July 12, 1995
Page 3
Thank you for your assistance. If you have any questions, please
contact Cyndi Bell at [phone], Extension 306.
Sincerel ,
H. Franklin Vick, P. E., Manager
Planning and Environmental Branch
HFV/tp
Attachments
cc: Mr. B. G. Payne, P. E., Division 10 Engineer
Mr. John Dorney, DEM, DEHNR
Mr. Steven Lund, DOA, Asheville
Mr.-N. L. Graf, P. E., FHWA
Mr. Archie Hankins, P. E., Hydraulics
Mr. Victor Barbour, P. E., Design Services
Mr. Tom Shearin, P. E., Roadway Design
Mr. Kelly Barger, P. E., Program Development Branch
Mr. Don Morton, P. E., Highway Design

APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO.0710-0003
(33 CFR 325) Expires 30 September 1992
P,jbft reporting burden for this collection of information is estimated to average 5 hours per response for the majority of cases, including the time for reviewing instructions,
wwching existing data sources. gathering and maintaining the data needed, and completing and reviewing the collection of information. Applications for larger or more complex
-),c,+acts, or those in ecologically sensitive areas, could take up to SW hours. Send comments regarding this burden estimate or any other aspect of this collection of information,
:nt.!ading suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service, Directorate for Information Operations and Projects, 121S Jefferson
DwAs Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (07104=), Washington. DC 20503. Please
Dc NOT RETURN your completed form to either of these addresses. Completed application must be submitted to the District Engineer having jurisdiction over the
incation of the proposed activity.
;1a Department of the Army permit program is authorized by Section 10 of the Rivers and Harbors Art of 1899, Section 404 of the clean Water Act and Section 103 of the Marine,
mtection, Research and Sanctuaries Act These laws require permits authorizing activities in or affecting navigable waters of the United States, the discharge of dredged or fill
into waters of the United States, and the transportation of dredged material for the purpose of dumping it into ocean waters. Information provided on this form will be used
-i evaluating the application for a permit Information in this application is made a matter of public record through issuance of a public notice. Disclosure of the information
requested is voluntary; however, the data requested are necessary in order to communicate with the applicant and to evaluate the permit application. If necessary information is
st provided, the permit application cannot be processed nor can a permit be issued.
-...a set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings
znd instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned.
APPLICATION NUMBER (ro be assigned by Corps)
`'AME AND ADDRESS OF APPLICANT
North Carolina Department of Transportation
;r1 Wilmington Street, Raleigh, NC, 27611
3. NAME, ADDRESS, AND TITLE OF AUTHORIZED AGENT
H. Franklin Vick, P.E., Manager
Planning & Environmental Branch
Telephone no. during business hours
A/C ( ) (Residence)
A/C (q l q) _7g g -'q 1 d 1 (Office)
Statement of Authorization: l hereby designate and authorize
to act in my
wephone no. during business hours
A/C ( ) (Residence)
733-
43141 (Office)
A/C( 919)
",TAILED DESCRIPTION OF PROPOSED ACTIVITY
DATE
7?i2.19s
CTIVITY
See Attached Application Package

tiu. rvRPOSE
"HARGE OF DREDGED OR FILL MATERIAL
i
behalf as my agent in the proces ng of this permit nation and to fumish,
upon request, supplemental inrpatipu in support o )be
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N.C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
8.1671601 (R-2123C8)
PROPOSED CONSTRUCTION OF THE
CHARLOTTE OUTER LOOP (1-485)
FROM NORTH OF HARRIS HOUSTON
RD. (SR2800) TO NORTH OF I-8S
SCALE AS SHOWN REVISED 7 - 95
SHEET_L OF-3- AUGUST 19911
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TE / DIVISION OF HIGHWAYS
1 MECKLENBURG COUNTY
0ENCTE5 FkL...INJ.VET L,9-LtiID6 = 2.3 A.C. . 8.1671601 (R-2123CS )
PROPOSED CONSTRUCTION OF THE
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FROM NORTH OF HARRIS HOUSTON
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SCALE AS SHOWN REVISED 7 - 95

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$8L DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
N 8.1671601 (R-2123C8)
PROPOSED CONSTRUCTION OF THE
CHARLOTTE OUTER LOOP (1-485)
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N.C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
8.1671601 (R-2123CB)
PROPOSED CONSTRUCTION OF THE
CHARLOTTE OUTER LOOP (I-485)
FROM NORTH OF HARRIS HOUSTON
RD. (SR2800) TO NORTH OF-1-85
REVISED 7 - 95
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DENOTES EXCAV. IN WETLANDS o,ci 2),
N.C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
8.1671601 (R-2123C8)
PROPOSED CONSTRUCTION OF THE
CHARLOTTE OUTER LOOP (I-485)
FROM NORTH OF HARRIS HOUSTON
RD. (SR2800) TO NORTH OF I-85
,SCALE AS SHOWN REVISED 7-95
?SHEET_( OF AUGUST 19911
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SITE 3
AREA OF EXCAV. IN WETLANDS 0.02 ACRES
FILL BELOW ORDINARY HIGH WATER 280 CY
TOTALS
AREA OF FILL IN WETLANDS 2.32 ACRES
FILL BELOW ORDINARY HIGH WATER 1490 CY
AREA OF EXCAV. IN WETLANDS 0.02 ACRES
PROPERTY BIERS
1. MARTIN MARIETTA CORPORATION
Superior Stone Division
P. 0. Box 240635
Charlotte, N. C. 28224
2. FUNDED LAND INVESTMENT PARTNERS
C/O James W. Clay
8931 J. M. Keynes Drive #4
Charlotte, N. C. 28213
3. STANFRED D. DUREN
RFD 10, Box 256-K
Charlotte, N. C. 28213
4. LOUISE STAFFORD
1242 Townes Avenue
Charlotte, N. C. 28209
5. A.C.G.W. DEVELOPMENT, PA
P. 0. Box 31511
Charlotte, N. C. 28231
6. CARRRIE LEE ALEXANDER PUGH
1521 Sterling Road
Charlotte, N. C. 28209
7. HARRY HAYNES BAIRD
1012 Kings Drive
Charlotte, N. C. 28207
N.C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
8.1671601 (R-2123CB)
PROPOSED CONSTRUCTION OF THE
CHARLOTTE OUTER LOOP (I-485)
FROM NORTH OF HARRIS HOUSTON
RD. (SR2800) TO NORTH OF 1-85
,SCALE AS SHOWN REVISED 7-95
SHEET--6 OF$ AUGUST 1991
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT, JR.
GOVERNOR
MEMORANDUM TO:
FROM:
DIVISION OF HIGHWAYS
P.O. BOX 25201. RALEIGH. N.C 27611-5201
October 4, 1994
R. SAMUEL HUNT I II
SECRETARY
Joe Westbrook, P.E., Project Planning
Lane Sauls, Environmental Biologist
Environmental Unit
SUBJECT: Protected Species Investigations
associated with the Construction
Consultation of t'he Charlotte Outer Loop,
Mecklenburg County; Project No. R-2123 CA
& CB.
REFERENCE: E.I.S. R-2123; East Charlotte Outer Loop
completed August 1989.
Plants and animals with federal classifications of
Endangered (E), Threatened (T), Proposed Endangered (PE), and
Proposed Threatened (PT) are protected under provisions of
Section 7 and Section 9 of the Endangered Species Act of
1973, as ammended.
As of September 15, 1994, the FWS lists the two
federally protected species for Mecklenburg County:
Carolina heelsplitter (Lasmigona decorata) and Schweinitz's
sunflower (Helianthus schweinitzii) . Both species are
listed as Endangered (a species that is threatened with
extinction throughout all or a significant portion of its
range).
Lasmigona decorata (Carolina heelsplitter) E*
"*" Denotes that no specimen from Mecklenburg County
found in the past twenty years (1973-1993).
Animal Family: Unionidae
Date Listed: July 19, 1993
Distribution in N.C.: Cabarrus, Mecklenburg, Union.
The Carolina heelsplitter has an ovate, trapezoidal,
unsculptured shell which is greenish, yellowish, or brownish
in color with greenish or blackish rays. The nacre is
usually pearly-white to bluish-white graying to orange near
the umbo and in older specimens the entire nacre may be
mottled orange. The umbo is flattened and the beaks are
9

3
BIOLOGICAL CONCLUSION: NO EFFECT
A plant-by-plant survey was conducted in areas providing
suitable habitat: roadsides (I-85, US 29, NC 49 and SR
2800); railroad tracks (south of NC 49), powerline right-of-
ways (from SR 2800 to SR 2833 and from SR 2800 to SR 2771);
and forest edges contiguous with these open areas. No plants
were observed. Therefore, no current impacts to Schweinitz's
sunflower are expected.
cc: V. Charles Bruton, Ph.D.
M. Randall Turner, Environmental Supervisor
'Filer R-2123 CA & CB
ARMY CORPS/ENGRS ID:1-704-252-1721
August 8, 1995
Regulatory Branch
Action ID No. 199504596
AUG 16'95 9:17 No.001 P.02
Mr. H. Franklin Vick
North Carolina Department of Transportation
Division of Highways
Planning and Environmental Branch
Post Office Box 25201
Raleigh, North Carolina 27611-5201
Dear Mr. Vick:
Reference your July 21, 1995 application for Department of
the Army (DA) authorization to discharge fill -material in 2.3
acres of forested wetlands adjacent to Mallard Creek and to
relocate twenty--one hundred (2100) linear feet of Stony Branch
associated with construction of a 2.7 mile segment of the East
Charlotte outer Loop Highway between North Carolina Highway 49
and interstate Highway 85 (TIP No. R-2123CB), northeast of
Charlotte, Mecklenburg County, North Carolina.
The plans you furnished are incomplete for our processing. A
complete application must include plans for the remaining 14
miles of the East Charlotte Outer Loop as addressed in your
Environmental Impact Statement of August 10, 1989. Cumulative
impacts to waters and wetlands over the length of the East
Charlotte Outer Loop must be evaluated to meet our public
interest review criteria. Segmenting of major highway projects
prevents a comprehensive application of avoidance and
minimization standards under the 404(b)(1) Guidelines of the
Clean Water Act. Preliminary design plans for the remainder of
this project would be acceptable provided they identify areas of
waters and wetlands to be affected. Permit expiration dates can
be adjusted to compensate for long-term construction schedules.
r
w
C
As mitigation for this work you propose to debit credits from
the property that you recently purchased on Long Creek in
Northern Mecklenburg County.
US ARMY CORPS/ENGRS ID:1-704-252-1721
--2 -
AUG 16'95 9:17 No.001 P.03
This site is already indebted for 7.2 acres of bottomland
hardwood wetlands through DA Permit No. 199401494 for the South
Charlotte Outer Loop. As indicated in our letter to you of April
41 1995, we cannot agree to any further debiting of mitigation
credits from this site until we are presented with information to
indicate the area on this property that is suitable for such
mitigation.
Please provide the requested information by August 31, 1995.
If you have questions, please contact Mr. Steve Lund of Mr. Bob
Johnson, Asheville Regulatory Field Office, telephone (704) 271-
4857/4855 respectively.
Sincerely, FILENAMEs01ca1.8a
CESAW-CO-LA/Lund/gd
CESAW-CO-E/WINBFORDNER
CESAW-CO-E/WRI(;HT/s
MAIL
G. Wayne Wright CESAW-CO-U/FILUa
Chief, Regulatory Branch
f -..w
?a,x SfATE a,
Jm „'
JAMES B. HUNT JR.
GOVERNOR
July 12, 1995
Regulatory Branch
U. S. Army Corps
Wilmington Field
P. 0. Box 1890
Wilmington, North
Dear Sir:
5-755
RECEIVED
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
P.O. BOX 25201, RALEIGH. N.C. 27611-5201
of Engineers
Office
Carolina 28402-1890
JUL 2 1 1995
ENVIRONMENT4, L SCIENCEc,
^7...+ L]
R. SAMUEL HUNT III
SECRETARY
SUBJECT: Mecklenburg County - East Charlotte Outer Loop from Interstate 85
to NC 49; TIP Nos. R-R2123CB; State Project No. 8.1671601
The North Carolina Department of Transportation proposes to construct a
new controlled-access, 4-lane divided highway from Interstate 85 to south of
Mallard Creek in Charlotte. This will include approximately 2.7 miles of the
East Charlotte Outer Loop. Please note that this will connect with a 0.8
mile segment already under construction (R-2123CA). No wetlands were
involved in R-2123CA. The two projects together will provide a new
I-85/NC 49 Connector. This facility will partially overlap the existing
I-85/US 29 Connector, which will be closed during construction of the new
highway. The existing I-85/US 29 Connector interchange at US 29 will be
abandoned, as a new interchange will be constructed at US 29 on the Outer
Loop.
In recent discussions with your agency, NCDOT has indicated our intent
to submit a single application for the entire East Charlotte Outer Loop, from
I-85 to Idlewild Road; however, we respectfully request that you process the
segment discussed herein as a single and complete project. This segment is
the only portion of the East Charlotte Outer Loop for which detailed design
has been completed. The remaining sections, constituting fourteen miles of
the project, are in preliminary design. The construction dates for those
sections are currently scheduled for 1999 or later.
Please consider the fact that the currently proposed project contains
only one wetland fill site adjacent to Mallard Creek. This creek flows
perpendicular to the East Charlotte Outer Loop; therefore, a crossing of
Mallard Creek at some location on this project is unavoidable. The remaining
fourteen miles will also involve several wetland crossings. These sites have
already been delineated in accordance with the 1987 Manual by NCDOT
biologists. With this information available, we anticipate that we will be
better able to implement avoidance and minimization measures in completing
the detailed design. Thus, we have accurate drawings of the wetland impact
site at Mallard Creek, but would only be able to provide preliminary drawings
of the wetland sites on the rest of the East Charlotte Outer Loop. G)
July 12, 1995
Page 2
Furthermore, the construction project included in this package will
replace the existing I-85/US 29 Connector with an I-85/NC 49 Connector. This
project will have fully independent utility, as it will provide access to and
from the interstate for two major roadways. This portion of the East
Charlotte Outer Loop was scheduled ahead of the rest of the project due to
heavy traffic volumes in this area of Mecklenburg County. I-85, US 29 and
NC 49 provide service to the University of North Carolina at Charlotte and
the University Research Park, as well as access to downtown Charlotte.
An Environmental Impact Statement for the entire East Charlotte Outer
Loop was approved on August 10, 1989. This document details planning studies
pertaining to impacts on natural systems and protected species. Copies of
the EIS have been provided to regulatory review agencies involved in the
approval process. Additional copies will be provided upon request.
On April 15, 1995, the wetland delineation for this project was checked
in the field with Mr. Steven Lund of the DOA Asheville Regulatory Field
Office. The attached permit application package includes drawings of the
stream crossings-involved in this project. Site 1 shows details of two
bridge crossings at Mallard Creek for the highway mainline and an access
ramp. A 2.3 acre bottomland hardwood system is set back approximately 100
feet from the north edge of the creek. In order to avoid filling this
wetland, the mainline and ramp bridges would need to be extended
approximately 400 and 200 feet, respectively. The construction/engineering
cost associated with extending these two bridges would exceed 2.5 million
dollars, and this figure does not include the cost of re-designing the
project. In our opinion, avoidance of the 2.3 acre fill area would not
justify this expenditure, particularly since the wetland would still be
impacted by shading.
The drawing of Site 2 illustrates a channel change at Stony Creek near
US 29. No wetland fill is involved at this location. The drawing of Site 3
shows details of a second channel change where an access ramp crosses Stony
Creek. A disturbed wetland system in a cutover field falls outside of the
toe of fill at this location. Excavation of 0.02 acre of this wetland for a ?,'•????
base ditch will be required. This cut area is not designed to drain the^
wetland system, but rather to avoid flooding of the roadway.
In order to mitigate the 2.3 acre wetland fill area associated with this
project, NCDOT proposes to debit 2.3 units of credit from the Long Creek
r?
mitigation site. The mitigation plan for this site is currently under ( i
development by Environmental Services, Inc. The mitigation site is to be
constructed in 1996, with monitoring to be initiated in the spring of 1997.
Also attached is a report on protected species investigations conducted
for this project. Surveys for the Carolina heelsplitter and Schweinitz's
sunflower were completed in 1994. A "No Effect" determination was made for
each species.
Application is hereby made for a Department of the Army Individual 404
Permit as required for such activities. By copy of this letter, we are also
requesting 401 Water Quality Certification by the North Carolina Division of
Environmental Management.
July 12, 1995
• Page 3
Thank you for your assistance. If you have any questions, please
contact Cyndi Bell at [phone], Extension 306.
Sincerel ,
H. Franklin Vick, P. E., Manager
Planning and Environmental Branch
HFV/tp
Attachments
cc: Mr. B. G. Payne, P. E., Division 10 Engineer
Mr. John Dorney, DEM, DEHNR
Mr. Steven Lund, DOA, Asheville
Mr. N. L. Graf, P. E., FHWA
Mr. Archie Hankins, P. E., Hydraulics
Mr. Victor Barbour, P. E., Design Services
Mr. Tom Shearin, P. E., Roadway Design
Mr. Kelly Barger, P. E., Program Development Branch
Mr. Don Morton, P. E., Highway Design

APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-0003
(33 CFR 325) Expires 30 September 1992
,;uAc reporting burden for this collection of information is estimated to average 5 hours per response for the majority of cases, including the time for reviewing instructions,
s,? =rching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Applications for larger or more complex
potipcts, or those in ecologically sensitive areas, could take up to 500 hours. Send comments regarding this burden estimate or any other aspect of this collection of Information,
ntixiing suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service, Directorate for Information Operations and Projects. 121S Jefferson
a<cas Highway. Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710.0003), Washington, DC 20503. Please
,C NOT RETURN your completed form to efther of these addresses. Completed application must be submitted to the District Engineer having jurisdiction over the
cyation of the proposed activity.
-na Department of the Army permit program is authorized by Section 10 of the Rivers and Harbors Act of 1899, Section 404 of the Clean Water Act and Section 103 of the Marine,
::,tection, Research and Sanctuaries Act. These laws require permits authorizing activities in or affecting navigable waters of the United States, the discharge of dredged or fill
TM.iterial into waters of the United States, and the transportation of dredged material for the purpose of dumping it into ocean waters. Information provided on this forth will be used
in evaluating the application for a perniL information in this application is made a matter of public record through issuance of a public notice. Disclosure of the information
requested is voluntary; however, the data requested are necessary in order to communicate with the applicant and to evaluate the permit application. If necessary information is
provided, the permit application cannot be processed nor can a permit be issued.
.a set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings
^ . Instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned.
APPLICATION NUMBER (To be assigned by Corps)
3. NAME, ADDRESS, AND TITLE OF AUTHORIZED AGENT
H. Franklin Vick, P.E., Manager
Planning & Environmental Branch
Telephone no. during business hours
AME AND ADDRESS OF APPLICANT
North Carolina Department of Transportation
#1 Wilmington Street, Raleigh, NC, 27611
Telephone no. during business hours
A/C ( ) (Residence)
ac ( 919) 733-3141 (office)
7//z-mss
TAILED DESCRIPTION OF PROPOSED ACTIVITY '
OTIVITY
See Attached Application Package

-Lb. PJRPOSE
''HARGE OF DREDGED OR FILL MATERIAL
A/C ( ) (Residence)
A/C (q1 q) 73.3-3141 (Office)
Statement of Authorization: l hereby designate and authorize
to act in my
behalf as my agent in the prose ng of this permit a nation and to furnish,
upon request, supplemental iniq tatiy)t in support o a ajlicadon.
-^ rs ¦ ¦ . ^ A & c+_.... e» Cnrrtrtti rg JAN 9t IS OSSDLETE (Proponent: CEMOR)
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N.C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
8.1671601 (R-2123CB)
PROPOSED CONSTRUCTION OF THE
CHARLOTTE OUTER LOOP (1-485)
FROM NORT-H OF HARRIS HOUSTON
RD. (SR2800) TO NORTH OF I-85
,SCALE AS SHOWN REVISED 7 -95.
SIiEET_L- OF-2- AUGUST 199111
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DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
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PROPOSED CONSTRUCTION OF THE
CHARLOTTE OUTER LOOP (I-485)
FROM NORTH OF HARRIS HOUSTON
RD. (SR2800) TO NORTH OF I-85
SCALE AS SHOWN REVISED 7 - 95
SHEET OF&- AUGUST 1991'.
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N.C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
8.1671601 (R-2123C6)
PROPOSED CONSTRUCTION OF THE
CHARLOTTE OUTER LOOP (I-485)
FROM NORTH OF HARRIS HOUSTON
RD. (SR2800) TO NORTH OF I-85
,SCALE AS SHOWN REVISED 7 - 95
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STATE OF NORTH CAROLINA
DEPARTMENT OF TP ANSPORTATION
JAMES B. HUNT, JR. DIVISION OF HIGHWAYS
GOVERNOR P.O. BOX 25201. RALEIGH. N.C 27611-5201
October 4, 1994
R. SAMUEL HUNT Ill
SECRETARY
MEMORANDUM TO: Joe Westbrook, P.E., Project Planning
FROM: Lane Sauls, Environmental Biologist
Environmental Unit
SUBJECT: Protected Species Investigations
associated with the Construction
Consultation of the Charlotte Outer Loop,
Mecklenburg County; Project No. R-2123 CA
& CB.
REFERENCE: E.I.S. R-2123; East Charlotte Outer Loop
completed August 1989.
Plants and animals with federal classifications of
Endangered (E), Threatened (T), Proposed Endangered (PE), and
Proposed Threatened (PT) are protected under provisions of
Section 7 and Section 9 of the Endangered Species Act of
1973, as ammended.
As of September 15, 1994, the FWS lists the two
federally protected species for Mecklenburg County:
Carolina heelsplitter (Lasmigona decorata) and Schweinitz's
sunflower (Helianthus schweinitzii) . Both species are
listed as Endangered (a species that is threatened with
extinction throughout all or a significant portion of its
range).
Lasmigona decorata (Carolina heelsplitter) E*
"*" Denotes that no specimen from Mecklenburg County
found in the past twenty years (1973-1993).
Animal Family: Unionidae
Date Listed: July 19, 1993
Distribution in N.C.: Cabarrus, Mecklenburg, Union.
The Carolina heelsplitter has an ovate, trapezoidxl,
unsculptured shell which is greenish, yellowish, or brownish
in color with greenish or blackish rays. The nacre is
usually pearly-white to bluish-white graying to orange near
the umbo and in older specimens the entire nacre may be
mottled orange. The umbo is flattened and the beaks are
9
2
depressed and project a little above the hinge line.
Habitat for the Carolina heelsplitter has been found in
creeks, streams, and rivers. Individuals are most often
found in shaded areas, either in a ponded portion of a small
stream, or in runs along steep banks with a moderate current.
Water less than three feet deep and substrates that are
composed of soft mud, sand, muddy-sand, and sandy gravel are
preferred. Presently, only three known populations of this
mussel species exists; two of these populations are found in
the North Carolina streams of Waxhaw Creek, Catawba River
System, Union County and Goose Creek, Pee Dee River System,
Union County.
BIOLOGICAL CONCLUSION: NO EFFECT
Suitable habitat does not exist at the project site for
the Carolina heelsplitter. Distinct channelization,
shoreline erosion and heavy siltation are present. A survey
was conducted for evidence of mussel fauna. No evidence of
naiades exists. Therefore, no adverse effects are expected
to the Carolina heelsplitter as a result of project
construction.
Helianthus schweinitzii (Schweinitz's sunflower) E
Plant Family: Asteraceae
Federally Listed: June 6, 1991
Flowers Present: mid September-early October
Distribution in N.C.: Cabarrus, Davidson, Mecklenburg,
Montgomery, Randolph, Rowan, Stanly, Stokes,
Union.
Schweinitz's sunflower is a rhizomatous perennial herb
that grows 1-2 m tall from a cluster of carrot-like tubrous
roots. The stems are deep red, solitary and only branch
above mid-stem. The leaves are rough feeling above and
resin-dotted and loosely soft-white-hairy beneath. Leaves
of the sunflower are opposite on the lower part of the stem
and usually become alternate on the upper stem. The broad
flowers are borne from September until frost. These flowers
are yellow in color and arranged in an open system of
upwardly arching heads. The fruit is a smooth, gray-black
achene.
Schweinitz's sunflower is endemic to North and South
Carolina. These sunflowers grow best in full sunlight or
light shade in clearings and along the edges of open stands
of oak-pine-hickory upland woods. Common soils that=this
species is found in are moist to dryish clays, clay-loams, or
sandy clay-loams, often with a high gravel content and always
moderately podzolized. Natural fires and large herbivores
are considered to be historically important in maintaining
open habitat for these sunflowers.
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3
BIOLOGICAL CONCLUSION: NO EFFECT
A plant-by-plant survey was conducted in areas providing
suitable habitat: roadsides (I-85, US 29, NC 49 and SR
2800); railroad tracks (south of NC 49), powerline right-of-
ways (from SR 2800 to SR 2833 and from SR 2800 to SR 2771);
and forest edges contiguous with these open areas. No plants
were observed. Therefore, no current impacts to Schweinitz's
sunflower are expected.
cc: V. Charles Bruton, Ph.D.
M. Randall Turner, Environmental Supervisor
"File:v R-2123 CA & CB