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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 Close Cabarrus U-491OA-B C203661 Open In D Q (D C) C-4 ZC4 l,,<0 0 t-u LU uj CL Zn 14, ti f rtit , U 2-- 1 UZ 1:z vz 0 z 0 Q 0 z z I 'U 4� z 0 Q z 7� J. 70'of Bank Stabilization Class II/Boulders Z A v Environmental Quality 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 aS,�s 5 w Y - W� 'y 1� 11"5 Z SfiE 3 1 vwioce 9 1 SITE 7 Fepm� m ,� p1� eF IUGNAn TMONAffi COEN PROJECT LENG77 KKF42 60 0 iw19N�E0i 52pp�ryi91 B�19i W996.%119 � 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 e U l� � srTE 1 f' E i T} mam 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 RHEM D� t tD>Y. D a T) ­ CL'!•tlP bP Ma de1.0 R. noM nA 1ze+n ro sTA 130+ao � li DETAIL A 2 LATE � �OR(N Ta m 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 I lue E-ao: TIRs dUw- O®'Y Rp.bP ROM STA tIl+30 TO STA 115+30 A -Li 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 aE weBCT To�iEP'wr caHoDIDHM°c nsn�AUT�ar wwswiiAo'��i4 o�owEu. 31 DD NDT sEr LuvAnDN a wql su !A' AlOYF dM-N! WLL q L5 AT INLET AND OUT.ET `� _ DAoo FUH RnOD v,H \� ler,x 4 e n/ RRallu tY��MAIeEMro e ��ELL]W KAOI PUNT Y4W 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 � z rf� a i9 SATE T \4 >4 n S3sBC22w �. Uti9NA w 5� /o/ I I x,ws. exam lm E ! � PERMIT DRAWING a SHEET 4 OF 20 t f s I °mlmn$1 `SITE Y 1I' 44 LLJ N �j� LIJ ,wn PERMIT DRAWING SHEET 6 OF 20 SITE 3 3f P \\\, gill; j�, i-- r, f� l- _ '. 4 i� J, � f \ �\ I I I !t � � � II •I�, l� �ursaa p s� 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,• . 6 O 19:9� 89a-G100�19i9) 05%-6�595A%1„ 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 m 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 u '— FRRT ROM SfA 159t]D TO STA 161}50 W ]Ah R LEI ST1222+81 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 MAIL 4 loe w1u*ou.,.LL uTE wws DITCH I�b 6d.1 1 I O-7 fta0 fl n.vad h 9OR � � FA 20 Tmu d tlma T' IGR-Rvp 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 • /:ate �; 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 i�9p _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