HomeMy WebLinkAbout20141271 Ver 3_401 Application_20200317V0
NORTH C A R O L I N A
High Performance Living
-AIMMON1111
March 17, 2020
Kristi Lynn Carpenter/
Transportation Permitting Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
RE: Cabarrus County
NCDWR Project No. 20141271v.2
Derita Road Widening
TIP Project No. U-4910 A&B
Dear Kristi:
635 Altred Brown Jr COUrt sW, P.C. Box 308, Concord, NC 28026 — concordncgov
The above project is currently under construction. The project is working under a 401
water quality certification approval issued by your department January 11 2017 and has
since expired based on the date in the 404 permit.
This letter is a request for approval of permit re -certification. The project impacts remain
the same except for an additional 70' of bank stabilization on the banks of Rocky River.
A schematic of the additional impact is attached.
The contract for the overall project was executed March 13, 2017 and the antipated
completion date is December 2021.
Please let me know if you need any additional information. Thank you for you help on
this project.
Sincerely,
h,A . Swe. Avj,�—a
M. Sue Hyde, PE
Engineering Director
Pc: Donna Hood, Environmental Specialist
attachments: Schematic of additional impact
Previous permit approval
Renewal check
Engineering
Phone (704) 920-5425 • Fax (704) 786-4521
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Environmental
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ROY COOPER
OC111t'01. ?,
WILLIAM G. ROSS, JR.
.lcting Serrrrurr
January 11, 2017
Cabarrus County
NCDWR Project No. 20141271 v.2
SR 1445 (Derita Road) Widening
TIP Project No. U-4910 A& B
APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS
Ms. Sue Hyde, P.E., Director of Engineering
City of Concord
P.O. Box 308
Concord, North Carolina
Dear Ms. Hyde:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
widening SR 1445 (Derita Road) in Cabarrus County:
Stream Impacts in the Yadkin River Basin
Site
Permanent Fill in
Permanent Fill in
Temporary Fill in
Bank
Total Stream
Stream
Intermittent
Perennial Stream
Perennial Stream
Stabilization
Impact
Impacts
Stream (linear ft)
(linear ft)
(linear ft)
(linear ft)
Requiring
Mitigation
_
linear ft
2
95
95
95
3
100 (temp)
100
5
34
34
7
20(perm)
20
20
8
275
20(perm)
295
295
544
410
Total
Total Stream Impact for Project: 544 linear feet.
'—Nothing C c)rnpares
State of North Carolina I Environmental Qualitq
1611 Mail Service Center I Raleigh, North Carolina 27699-161 1
919-707 9000
Wetland Imnacts in the Yadkin River Basin
Site
Fill
(ac)
Fill
(temporary)
ac
Excavation
(ac)
Mechanized
CIearing (ac)
Hand Clearing
(ac)
Area under
Bridge
ac
Total Wetland
Impact (ac)
1 W3
0.02
0.08
0.10
2 W2)
0.02
<0.01
0.03
4 W4)
0.05
0.05
5 (WS)
0.08
1
<0.01
0.09
6 W6
<0.01
0.01
Total
0.28
Total Wetland Impact for Project: 0.28 acres.
The project shall be constructed in accordance with your application dated received September 22, 2016 and
requested additional information received December 1, 2016. After reviewing your application, we have decided
that these impacts are covered by General Water Quality Certification Number 3886. This certification corresponds
to the Nationwide Permit 14 issued by the Corps of Engineers. In addition, you should acquire any other federal,
state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion
Control, Non -Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying
404 permit.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the NCDWR and submit a new application. If the property is sold, the
new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying
with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as
described in 15A 14CAC 211 .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions listed in the attached certification(s) and any additional conditions listed below.
Condition(s) of Certification:
Project Specific Conditions
Unless otherwise approved in this certification, placement of culverts and other structures in open
waters and streams, shall be placed below the elevation of the streambed by one foot for all
culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts
having a diameter less than 48 inches, to allow low flow passage of water and aquatic life.
Design and placement of culverts and other structures including temporary erosion control
measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or
streambeds or banks, adjacent to or upstream and down stream of the. above structures. The
applicant is required to provide evidence that the equilibrium is being maintained if requested in
writing by the NCDWR. If this condition is unable to be met due to bedrock or other limiting
features encountered during construction, please contact the NCDWR for guidance on how to
proceed and to determine whether or not a permit modification will be required. [15A NCAC
02H.0506(b)(2)]
2. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross
section as closely as possible including pipes or barrels at flood plain elevation and/or sills where
appropriate. Widening the stream channel should be avoided. Stream channel widening at the
inlet or outlet end of structures typically decreases water velocity causing sediment deposition
that requires increased maintenance and disrupts aquatic life passage. [15A NCAC
02H.0506(b)(2)]
3. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner
that precludes aquatic life passage. Bioengineering boulders or structures should be properly
designed, sized and installed. [15A NCAC 02H.0506(b)(2)]
4. For the streams being impacted due to site dewatering activities, the site shall be graded to its
preconstruction contours and revegetated with appropriate native species. [15A NCAC
02H.0506(b)(2)]
5. The stream channel shall be excavated no deeper than the natural bed material of the stream, to
the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks,
as well as to vegetation responsible for maintaining the stream bank stability. Any applicable
riparian buffer impact for access to stream channel shall be temporary and be revegetated with
native riparian species. [15A NCAC 02H.0506(b)(2)]
6. In areas where the receiving stream and embankments meet, Class H riprap shall be used to
ensure bank stabilization of the heavily impacted urban streams. [15A NCAC 02H.0506(b)(2)]
General Conditions
Unless otherwise approved in this certification, placement of culverts and other structures in open waters
and streams shall be placed below the elevation of the streambed by one foot for all culverts with a
diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter
less than 48 inches, to allow low flow passage of water and aquatic life. Design and,placement of
culverts and other structures including temporary erosion control measures shall not be conducted in a
manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream
and downstream of the above structures. The applicant is required to provide evidence that the
equilibrium is being maintained if requested in writing by NCDWR. If this condition is unable to be met
due to bedrock or other Iimiting features encountered during construction, please contact NCDWR for
guidance on how to proceed and to determine whether or not a permit modification will be required.
[15A NCAC 02H.0506(b)(2)]
2. if concrete is used during construction, a dry work area shall be maintained to prevent direct contact
between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall
not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and
fish kills. [15A NCAC 02B.02001
3. During the construction of the project, no staging of equipment of any kind is permitted in waters of
the U.S., or protected riparian buffers. [15A NCAC 02H.0506(b)(2)]
4. The dimension, pattern and profile of the stream above and below the crossing shall not be modified.
Disturbed floodplains and streams shall be restored to natural geomorphic conditions. [15A NCAC
02H.0506(b)(2)]
5. The use of rip -rap above the Normal High Water Mark shall be minimized. Any rip -rap placed for
stream stabilization shall be placed in stream channels in such a manner that it does not impede
aquatic life passage. [15A NCAC 02H.0506(b)(2)]
6. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and
(c)(2)]
7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
such assandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water. [15A NCAC 0211.0506(b)(3) and (c)(3)]
8. Heavy equipment shall be operated from the banks rather than in the stream channel in order to
minimize sedimentation and reduce the introduction of other pollutants into the stream. [15A NCAC
02H.0506(b)(3)]
9. All mechanized equipment operated near surface waters must be regularly inspected and maintained to
prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
[I5ANCAC 02H.0506(b)(3)1
10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [15A NCAC 02H.0506(b)(3)]
11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
12. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water
quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water
Act) and any other appropriate requirements of State and Federal Iaw. If the NCDWR determines that
such standards or laws are not being met (including the failure to sustain a designated or achieved use) or
that State or federal law is being violated, or that further conditions are necessary to assure compliance,
the NCDWR may reevaluate and modify this certification. [15A NCAC 02B.0200]
13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification. [15A NCAC 02H.0506(b)(2)]
14. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In
addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with
the Division Engineer and the on -site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H
.0506 (b)(2) and (c)(2)]
15. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbing
activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this
certification. [15A NCAC 02H.0501 and .0502]
16. The issuance of this certification does not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and
federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management
rules, soil erosion and sedimentation control requirements, etc.
17. The Permittee shall report any violations of this certification to the Division of Water Resources within
24 hours of discovery. [15A NCAC 02B.0506(b)(2)]
18. Upon completion of the project (including any impacts at associated borrow or waste sites), the City of
Concord Director of Engineering shall complete and return the enclosed "Certification of Completion
Form" to notify the NCDWR when all work included in the 401 Certification has been completed. [15A
NCAC 02H.0502(f)]
19. Native riparian vegetation (ex. Salix nigra, Juncus (spp), Carex (spp), et al.) must be reestablished in
the riparian areas within the construction limits of the project by the end of the growing season following
completion of construction. [15A NCAC 02B.023 I (b)(6)]
20. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated
with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste
or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is
a direct impact from road construction activities.[l5A NCAC 02H.0506(b)(3) and (c)(3)]
21. Erosion and sediment control practices must be in full compliance with all specifications governing the
proper design, installation and operation and maintenance of such Best Management Practices in order to
protect surface waters standards [15A NCAC 02H.0506(b)(3) and (c)(3]):
a. The erosion and sediment control measures for the project must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Sediment and
Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requirements specified in the most recent version of the
North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased
borrow pits associated with the project.
c. For borrow pit , sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina Surface
A'fining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
22. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)]
If you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition
with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered
filed when it is received in the office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:OOam and 5:OOpm, except
for official state holidays. The original and one (1) copy of the petition must be filed with the Office of
Administrative Hearings.
The petition may be faxed -provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: (919) 431-3000, Facsimile: (919) 431-3100
A copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact Donna Hood at (704)682-2839 or donna.hood@ncdenr.gov.
Sincerely,
S. Jay Zimmerman, Director
Division of Water Resources
Electronic copy only distribution:
Crystal Amschler, US Army Corps of Engineers, Asheville Field Office
Larry Thompson, Division 10 Environmental Officer
Marella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
Beth Harmon, Division of Mitigation Services
Ron Johnson, AECOM
Kevin VanMetre, AECOM
Environmental
Quality
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
ROY COOPER
6give)-tior
WILLIAM G. ROSS, JR.
Iwrn� .S�ecrrrvrrr�r
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
1, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Engineer's Certification
Partial Final
1, as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature _ Registration No.
Date
' Noittirtq Compare,, .-
State of North Carolina I Environmental Quality
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2011-01493 County: Cabarrus U.S.G.S. Quad: NC-HARRISBURG
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: City of Concord
Ms. Sue Hyde
Address: 850 Warren C. Coleman Blvd.
PO Box 308
Concord, NC, 28026
Telephone Number: 704-920-5401
Size 2.6 mile corridor Nearest Town Concord
Nearest Waterway Rocky River River Basin 03040105
USGS HUC 03040105 Coordinates Latitude: 35.3896916838552
Longitude:-80.7205383816558
Location description: The Derita Road U4910 widening proiect begins at the intersection of Derita Road and Concord Mills
Boulevard and extends 2.6 miles north to terminate at the intersection of Derita Road and Poplar Tent Road in Concord,
Cabarrus County, North Carolina.
Description of projects area and activity: This permit verification authorizes impacts to streams and wetlands resulting from
the widening of Derita Road. Specifically, authorized impacts involve the impact to 0.28 acres of wetlands_ (of which 0.18 acres
of impact results from permanent fill, 0.08 acre of impact results from mechanized clearing and <0.02 acre of impact results
from excavation in wetlands), the permanent impact to 580 linear feet of stream channel and the temporary impact to 34 If of
stream channel.
A permit verification was issued for this project on 10/4/2016. Work was not complete by the expiration of that permit
verification so a new permit verification was requested. The only project changes from the original permit verification include
the impact of 70' of Rocky River due to stream bank stabilization.
This permit hereby replaced the previously issued authorization.
In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions
outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements
of this form including any special conditions listed on this form, are hereby incorporated as special conditions of this permit
authorization.
The tables below outlines impacts for each impact site:
Wetland Imnacts
Wetland Impact
Number
Type of Impact
Area of impact (acres)
Site 1
Mechanized Clearing (Wetland 3)
0.08
Site 1
Road Fill (Wetland 3)
0.02
Site 2
Road Fill (Wetland 2)
0.02
Site 2
Excavation of Ditch (Wetland 2)
< 0.01
Site 4
Road Fill (Wetland 4)
0.05
Site 5
Road Fill (Wetland 5)
0.08
Site 5
Mechanized Clearing (Wetland 5)
< 0.01
Site 6
Fill/ Bridge Construction
< 0.01
Total 0.28 acres
Stream Impacts
Stream Impact
Type of Impact
Stream Name
Impact length (linear feet)
Site 3 P
Culvert
UT Rocky River (S2)
95
Site 3 T
Stabilization
UT Rocky River S2)
100
Site 7 T
Temporary Work
Rocky River
34 (0.01 ac)
Site 7 P
Stabilization on
one bank
Rocky River
20
Rocky River Bank
stabilization*
Bank stabilization*
Rocky River*
70*
Site 8 P
Culvert
UT Rocky River S3)
275
Site 8 P
Stabilization
UT Rocky River (S3)1
20
Total 614 linear feet (580 If permanent)**
* New impact not previously authorized by the 10/14/2016 permit verification.
** Revised total to include the new impact not previously authorized by the 10/14/2016 permit verification.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 14 Linear Transportation
Projects.
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your originally submitted application information dated 08/26/2016 and the new permit verification request
dated 10/23/2018. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee
to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone 919-807-6300) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808-2808.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Crystal Amschler at 828-271-7980 x231 or Crystal.C.Amschlerna,usace.army.mil.
AMSCHLER.CRYSTAL.CAMILLE oKr�S1S11d y;MmTLIRCR Aoa MILLEQu'86a"8
Corps Regulatory Official:.1238614178 o�`� `a �"mE'2'B61418 Date: 1/9/2019
Expiration Date of Verification: March 18, 2022
Determination of Jurisdiction:
A. ® Based on preliminary information, there appear to be waters of the US including wetlands within the above described project
area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
C. ❑ There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued . Action ID: SAW -
Basis For Determination: N/A. An Approved JD has not been completed.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B
and C above).
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
� Dig,011y,,gnOby AMSCHLERCRYSTALCAMILLE1238614178
Corps Regulatory Official: AMSCHLER.CRYSTAL.CAMILLE.1238614178'_DNc=US,o=US Government, C—DOD,ou=PKI,ou=USA, AMSCHLERCRVSTALCAMILLE1238614178
Q Date 20190109152420 -05'00
Crystal Amschler
Date of JD: 1/9/2019
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our customer Satisfaction Survey online at http://re ug latory.usacesurvey.com/.
Action ID Number: SAW-2011-01493 County: Cabarrus
Permittee: City of Concord, Ms. Sue Hyde
Project Name: City of Concord/Derita Road U-4910
Date Verification Issued:1/9/2019
Project Manager: Crystal Amschler
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Crystal Amschler, Project Manager
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: City of Concord
Project Name: Derita Road Widening U4910
Action ID: SAW-2011-01493
County: Cabarrus
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that to the U.S, Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this
form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be
used to provide the mitigation associated with the permit, or if the impacts and/orthe mitigation will occur in more than one
8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor
and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor mustverify that the mitigation requirements (credits) shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank
ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and
the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03040105, Yadkin River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
370
0.25
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03040105, Yadkin River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm Cool
Cold
Riparian Riverine
Riparian Non-Riverine
_
Non -Riparian
Coastal
465
0.4
Mitigation Site Debited: NCDMS
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
vy� S
Name of Sp sor's Authorized Represe tative:� 2,I K%
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Updated 23 November, 2015
USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
o Once this document has been signed by the Mitigation Sponsor and the USACE is In receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. For authorized Impacts conducted by the North
Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit
issuance, however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the
Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and Included in the USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this farm along with an updated bank ledger to:1) the Permittee, 2) the USACE
Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls
of Neuse Road, Wake Forest, NC27587 (email: todd.tugwellt?a usace.army. mil). Questions regarding this form or any of the
permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: Crystal Amschler
USACE Field Office: Asheville Regulatory Field Office
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Email:
AMSCHLER.CRYSTAL.CAMILLE.1238614178
USACE Project Manager Signature
Digitally signed by AMSCHLER CRYSTAL.CAMILLE 1238614178
DN• c=US, o=U S. Government, ou=DoD, ou=PIO, ou=USA,
cn=AMSCHLER.CRYSTAL.CAMILLE 1238614178
Date' 2016.101415:41.51-04'00'
CI'ck here to enter a date.
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil.
Page 2 of 2
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the
Customer Satisfaction Survey located at our website at htto dregulatory usacesurvev com/ to complete the survey online.
O
a
O
STATE OF NORTH CAROLINA
DIVISION OF HIGHWAYS
CABARR US COUNTY
LOCATION: SR 1445 (DERITA ROAD) FROM NORTH OF SR 2894, CONCORD
MILLS BOULEVARD, TO SR 1394 POPLAR TENT ROAD.
TYPE OF WORK GRADING, PAVING, DRAINAGE, STRUCTUR$ SIGNALS
& SIGNING
WETLAND AND SURFACE WATER IMPACTS PERMIT
1
1�
PERMIT DRAWING
SHEET 1 OF 20
-o9ryp1
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5
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9
1
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PROJECT LENG77
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� 15't 'v ��.��1^'�
1E11t'siH ROADWAY PP PAOIFET —DA A 9103 - -36 6V1F5
AUG 2 6 2016
`
m mmun mtu+unun
u- S, umm Tip PROIEa U-1910A /11-{9100 0 W 6 AVIFS
�� WAY IlA7S
KEYIN 1 VAN_�jF�kE-�.
U .�
TOTAI U31GTM PP PAO1FCi UJ910A /U-/9108
] ]8] N.IIES
�910AI N 5 ]Old
A/GRT OF WAY RVE
BH910B1 SFPT IB,jg70
1+cF>�
LE=7G DAM
THAD F DUNCAN P E
OCT 18 201¢_
0
a
0
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U
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f' E
i
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C�
GRAPHIC SGVES
DESIGN DATA
ADT xon »,a00
•R1]
9Url� �
ADT xoss 28,300
K 12 Y.
PLANS
'y
D = 65 %
POLE
5� 2IILIll11�
T v 4 %
V v 50 MPH
U
PROFILE (HORIZONTAL)
LO !. !0 20
• TTST -1% DUAL 3%
FUNc CT/55 - AREERIAL
�pPRIIOIIFI�LE�(VER-TI��"
WEREGIONAL DESIGN
sT �71; OF NORTH CAROLINA
DIVISION OF HIGHWAYS
CARARR US CO UN7 Y
LOCATION. SR 1445 (DF.RITA ROAD) FROM NORTH OF SR 1894,
CONCORD MILLS BOULEVARD, TO AVIATION BOULEVARD.
TYPE OF WORK GRADING, PAVING, DRAINAGE, STRUCTURES,
SIGNALS, & SIGNING
WETLAND AND SURFACE WATER IMPACTS PERMIT
PERMIT DRAWING
SHEET 2 OF 20
.o ary o1
?�Q5
SITE 6 KK � \ • 1 � '' s
�1 eecevc S r m.6 '0
hepamd u 1ti OffAy d
DYD1NEDllS EAT.L�
PROJECT LFXGTH
Ta'J491
P31 630R - 9HI E5<6E995A2
LENGTH ROADWAY TIP PROJECT - D)B6 NJIFS
IINGTN STRUCRIRE TIP PROJECT 0 D16 AOIES
M,_Ij JEAN M�aSU P E
_� ----
TOTAL LENGTH TIP PROJECT - 0832 A0LF5
WGfTT OF WAY fNIE.
u
ROADWAY J9LS2GN
LLOYEMB2S.2419
HE�RIP_G YAV
76'TIIATi IIAI%
OCTOBER 18.2016
iHAO F OUNGU'J, P E
DETAILO
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3 P:
AR.
b-s.0 F.
FROM EIAU3+33 TO U 1x3+05 -Ir RT
DETAIL t3
1 nAu 100rtCN
tilt 4e
OeOtemiE A1mY 2.0 F.
A R.
Tyy dDir� sOm� T' RyJy b-!,0 R
fROIA STA 03+50 TO STA. 1x1+00 Jr ET
fBdA STA 111+30 TO ETA w+. L ,
DETAIL #4
REXK WE 0-
1 1.61
U M1.Y
D.•13 R. a[omms
a�19 R
b-10 R
p diiv� ad Tf tlP-RR
T iROM ETA 13n+50 LO STA 11i+BO -L- lT
DRAINAGE_ DETAILS
DETAIL YS
SPECLLL BACK OF CURB CUT
CONCRETE BASE DRCN
nm ro l�In
du.n-x.a R.
L^J '
d-1S F.
FROM STA. 131+SO. TO STA 133+50 i IT
DETAIL d6
TOE PROTMON
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TIRs dUw- O®'Y Rp.bP
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DETAIL d7
RIP RAPIA— T A1�A KAIETR
sell
HWA STA N]+60 lb STA 11]+d] J. BI
DETAILhAB
O
Tm. dlbv IlRds
iROAs SUM 10+DO ED ETA 3++IOY RT
DETAIL #9
SKEWED MULTI —BARREL CULVERT
LOW FLOW CHANNEL,SILLS
AND FLOOD PLAIN
•HotEs: I.-1P:c.-.I
11 NATPIE MATRUT CONSI515 OF MATERIAL TUT .
D gGYAim tRME THE TIE snPAM OR
H3)ODMIN 7
AT THE PROIER S. DUIUNG
CONSTRUttION ER1V AHY BF USED ro
wrnq¢NT ME 1,. �uwtEv�q�u 1
Is Usf➢ TO UNE mE wDH R' Es
yPIAR�HUl� N mE MATEwt sq, !E
MOMOS A n/T,T�wroifA1 Dsµ
rAssaDE HATP/F AM1gIAlTIS SDl6f
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nsn�AUT�ar wwswiiAo'��i4 o�owEu.
31 DD NDT sEr LuvAnDN a wql su !A'
AlOYF dM-N! WLL
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RnOD v,H \� ler,x 4
e
n/ RRallu tY��MAIeEMro
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INLET & OUTLET CHANNEL DETAIL
NOT TO SCALE �Oyypp��11
OUHII9TTEM RMIRS
C010. FIBER MAT71N0 IoU HID 5N 1
NG CL'YHP RAP NG.
GE4 1.0' OEOTERTIB
h�(TILE lD la
l �
NG
SHEET 3 O1 PERMIT F 20 II
33��
rT7%�I DEN "TES IN
ENOI `EXET�ANVpTION
DENOTE'
• DENOTES MECHANIZED
u ESMECCLEARING
DENOTES IMPACTS IN
SURFACE WATER
�
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rf�
a i9
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a SHEET 4 OF 20
t f s I °mlmn$1
`SITE Y 1I'
44
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PERMIT DRAWING
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SITE 3
3f
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I
PERMIT DRAWING
DENOTES FILL IN � SHEET 8 OF 20
WETLAND
i \
DENOTES MECHANIZED
CLEARING
�\ f
1
�
�
Z' FUR -
RRINaSEU SIGN
tFSTFF SHEUNa
K1
8 3
i
GRAPHIC SCA7c,-�s
GN DATA
= 11,000 28�300
25 50
12 % m 65 %50
m A %'
Q
50 MPH
1% DUAL 3%/35 - ARTERIAL
STATE OF NORTH UAJ,(UlllN-
DIVISION OF HIGHWAYS
CABARR US COUNTY
LOCATION.- SR TO SR5(1394 ITAPOPROAD)
F Ap�TTON BOULEVARD
TYPE OF WORK GRADING, PAVING, DRAINAGE, SIGNALS
to SIGNING
WETLAND AND SURFACE WATER IMPACTS PERMIT
1
`
Proporod i N OKI 1
PRO]ECI LPIVGHr
9o:carn�a,e ,ENO oe,Jsw,• .
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LMUM ROADWAY N PROJEO 1— MIIES
MOIECP 040 MRES
maaraeo mane+^"'
KEPI
—
1ENG1H SPRIJCDJRE TP
1550 mus
%AN
ItJGBf OF WAY INTE
TOTAL IFNGTH 11P PROIKT
SfPI 18 7pld IOGwAY
TET m IN21L
___I. 116 TMAD D Ull
PERMIT DRAWING
SHEET16 OF'O
I
i O ary �1
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11 i
m
DETAIL #1 DETAIL 5
TOE wRoTECTlON
SPECIAL'wlE �Y ORGN M1YH+�
�N 112
Ow.a
Mu.O. R �d11�. Om TRyR=9
FROM STA 161+50 10 nA 166+50 L lT FROM nA 107i50 TO nA 190+00 -Ir LT
LT
FROM nA 176+50 TO nA 18�)+a6 - RT
FROM STA a09+SO TO nA 2
10+20 'oo -L- n
FROM srw Ttl+aD To nw zu}9D RT DETAIL if6
FROM STA Id}0010 nA 1d+50 -Y5-RT
fROM STA 11+a0 TO nA 1+60 -Y9- RT SPECIAL BAC Of CURR9 CDT DITCH
DETAIL 2 � �?T ---_�—
STANOARD 8F3E DRQI
wes d
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W ]Ah R
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DETAIL #7
DuTFRu
6_Z ETAILAIL A3.a. xdd
1
Typ old- Om�Tv�p-RaP �d-IOR Typ�dl�� Om, "Y �>dP
FROM nA 9+b0 TO nA 10+50 -YR- LT
�FROMM �9' ID150 TO 5 A 111+08LT+Ao ToA
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uTE wws DITCH
I�b 6d.1
1 I O-7 fta0 fl n.vad
h 9OR � �
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T FROM 5T1187+26 TO STA190+10 L FT EA" 10 n Owlcmb
FROM nA186}]O TO nA 186+9D IT
DETAIL
TOri�P-R�OTa ON
SD H aw+
_ a— 16AM
FROM nA 116+00' TO nA D18+00 -1. LT
DETAIL �10
51EOLL IA�TER �Y
'T e:;o
rye dw.. ISRM
FROM nA 9+00 TO nA 10+OD -YB- R
SHEET 17 OFDRAWING20
Ur
• �xv:�rati
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FMp�y�� DENOTES IMPACTS IN
SURFACE WATER
Tom,
s a°°T
T� B
IT DRAW
SHEEP 8 OFfNG
20 I
o zn
$p[Ea rrt.f48Me
F."
I i0fl -L- P=d 'l SEE 9TEET 3 —
PNOEIlE SEE SHEET IS
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_71
sI \1 1'0` __ 1 j` \l`r \�\\\
\\.�\SUEN
R ACE WATER S IN
_ tl\,`.�,�1\\`1,
\\K"tf PERMIT DRAWING
;10.tvWN SHEET 19 OF 20
VwV
\� A V����\V �� �'{ ✓ %Ij �; �'\V
��\\'1\\��\R� �� i,•t(� 1 jI(jli l\ I�i� �-- /���,�` y_�i o\\:��1\�`'i�i'-''�-i�\>r+� I,1.�
SITE 8
`•��;1 ���\ i�� rrS�� r � J�l�� ,I `it /��f 1�1�, i I � I �/ i�J �/ i,-�.� ,� t��\��\-`=-/�%.=���._ �� ���I�t11
I
I'
I
�,��...I (�'"�-�•-�".- z� �,. _, /�'�l
WETLAND PERMIT IMPACT SUMMARY
IMPACTSWETLAND IMMUff--
Permanent
Fill In
Wetlands
(ac)
Temp
Fill In
Wetlands
(so)
Excavation
In
Wetlands
(ac)
Mechanized
Clearing
in We0ands
(ac)
Hand
Clearing
in
WeOands
(ac)
Permanent
SW
Impacts
(so)
Temp
SW
Impacts
(so)
Existing
Channel
Impacts
Permanent
(ft)
Existing
Channel
Impacts
Temp
(ft)
Natural
Stream
Design
(ft)
Site
Station
Structure
No
From/To)
Size /Type
U-4910A
1
121+70-122+95 -L- RT
ROAD FILL )
002
008
2
123+40-123+76 -L- LT
ROAD FILL / DITCH
002
< 0 01
3
1 124+11 -L-
CULVERT 3 @ 10'XB' RCBC (S2
004
95
STREAMBANK STABILIZATION (S2)
004
100
4
144+50-145+05 -L- LT
ROAD FILL 4
005
5
145+82-146+60 -L- LT
ROAD FILL 5)
008
< 0 Ot
6
148+16-148+40 -L- LT
TOTAL TAKE (W6)
< 0 01
7
147+55-147+65 -L. RT
TEMP WORK PAD (ROCKY RIVER)
001
34
147+65-147+70 -L- RT
RIP RAP AT EBIWNT (ROCKY RIVER)
< 0 01
20
U-4910B
a
186+58-188+72 -L- LT
ROAD FILL 48" RCP (S3)
003
275
STREAMBANK STABILIZATION (S3)
< 0 01
20
SUBTOTALS*
017
< 0 01
008
0 10
0 01
510
34
`Rounded totals are sum of actual impacts
NOTES