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HomeMy WebLinkAbout19960553 Ver 1_Complete File_19960429 (2)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 A 4 ?j*2 WOO ED EHNF? June 4, 1996 Mecklenburg County DEM Project # s+to9 960553 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. Franklin Vick N.C. Dept. of Transportation P.O. Box 25201 Raleigh, NC 27611-5201 Dear Mr. Vick: You have our approval to impact 1.51 acres of wetlands or waters (0.94 acres of permanent fill and 0.57 acres of temporary fill) for the purpose of construct road segment R-2248AB of the West Charlotte Outer Loop at Mecklenburg County, as you described in your application dated 25 April 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 2671. This certification allows you to use Nationwide Permit Number 26 when it is issued by the Corps of Engineers. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. Additional Conditions of Certification: 1) Borrow and waste areas shall not be in wetlands. 2) Land clearing in wetlands shall conform to Method H (no clearing beyond toe of slope). 3) The 0.57 acres of temporary wetland fill shall be restored to original grade and planted with pre- construction native vegetation. In addition, you should get any other federal, state or local permits before you go ahead with your project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Mooresville DEM Regional Office Mr. John Dorney Central Files Cyndi Bell, DOT Si rely, ston oward, Jr. P.E 960409.1tr Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper ?I State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management Ja mes B. Hunt, Jr., G ove mor Jonathan R Howes, Secretary A. Preston Howard, Jr., P.E., Director FAX TO: M"11 CY\ A&4 I OR C) EHNR as?? FAX NUMBER: FROM: ;? '- nt? NO. OF PAGES INCLUDING THIS SHEET: COMMENTS: Environmental Sciences Branch • 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919-733-9960 FAX # 733-9959 An Equal Opportunky Affirmative Action Employer 50% recycle&10% post consumer paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 June 11, 1996 IN REPLY REFER TO Regulatory Branch 4 1996 ciE CFS Action ID No. 199604065 and Nationwide Permit No. 26 (Headwaters and Isolated Waters) V `?L Mr. H. Franklin Vick Planning and Environmental Branch North Carolina Department of Transportation Post Office Box 25201 Raleigh, North Carolina 27611-5201 Dear Mr. Vick: Reference your application of May 14, 1996, for Department of the Army (DA) authorization to construct a 2.75-mile long segment of the West Charlotte Outer Loop Highway (I-485) between NC Highway 49 (York Road) on the east and NC Highway 160 (Steele Creek Road) on the west (TIP No. R-2248AB and R-2248AC). The proposed road segment would cross nine separate stream channels and wetlands in the headwaters of Coffey Creek and Steele Creek impacting a combined total of 1.09 acres of waters and wetlands southwest of Charlotte, Mecklenburg County, North Carolina. For the purposes of the Corps of Engineers' Regulatory Program, Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the Federal Register on November 22, 1991, lists nationwide permits. Authorization was provided, pursuant to Section 404 of the Clean Water Act, for discharges of dredged or fill material into headwaters and isolated waters. Your work is authorized by this nationwide permit provided it is accomplished in strict accordance with the enclosed general conditions as well as the following special conditions: 1) In,c der to condensate for cumulative impacts to wetlands, 2 acres of viable bottomland-hardwood wetlands will be constructed at the Long Creek Mitigation Site, Mecklenburg County, North Carolina. 2) The permittee and his contractors and/or agents shall not excavate, fill, or perform mechanized landclearing at any time within waters or wetlands in the construction or maintenance of this project, except as authorized by' this permit. This prohibition applies to all borrow and filling activities associated with this project. 3) To ensure that all borrow and waste activities occur on uplands, the permittee shall require its contractors and/or agents to identify all areas to be used to borrow material or to dispose of dredged, fill or waste material. The permittee shall ensure that all such areas comply with condition 1 above, and shall maintain documentation of the location of all borrow and disposal -2- sites associated with this project, and on the soils, vegetation and hydrology of each site utilized. This information will be available to the Corps of Engineers on request. 4) The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. You must also receive a Section 401 water quality certification from the North Carolina Division of Environmental Management (NCDEM). You should contact Mr. John Dorney, telephone (919) 733-1786, regarding water quality certification. This nationwide permit does not relieve you of the responsibility to obtain other required State or local approval. This verification will be valid until the nationwide permit is modified, reissued or revoked. All the nationwide permits are scheduled to be modified, reissued or revoked prior to January 21, 1997. It is incumbent upon you to remain informed of changes to the nationwide permits. We will issue a public notice announcing the changes when they occur. Furthermore, if you commence or are under contract to commence this activity before the date the nationwide permit is modified or revoked, you will have twelve months from the date of the modification or revocation to complete the activity under the present terms and conditions of this nationwide permit. Questions or comments may be addressed to Mr. Steven Lund, Asheville Field Office, Regulatory Branch, telephone (704) 271-4857. Sincerely, Robert W. John Office Manager Asheville Regulatory Field Office Enclosure Copies Furnished (without enclosure): ?' Mr . John Dorney Division of Environmental Management NC Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 -3- Mr. Gordon Cashin Planning and Environmental Branch North Carolina Department of Transportation Post Office Box 25201 Raleigh, North Carolina 27611-5201 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. DIVISION OF HIGHWAYS GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 April 25, 1996 U. S. Army Corps of Engineers Regulatory Field Office P. 0. Box 1890 Wilmington, North Carolina 28402-1890 ATTENTION: Mr. Cliff Winefordner Chief, Southern Section Dear Sir: 960553 *"A" GARUND B. GARRETT JR. SECRETARY 86CEIVcC Op 2 91996 FNVlR011%vtA ?SG/Ejy?FS SUBJECT: Mecklenburg County - West Charlotte Outer Loop from NC 49 to NC 160; T.I.P. No. R-2248AB; State Project No. 8.U672204 The North Carolina Department of Transportation proposes to construct a new controlled-access, 4-lane divided highway from NC 49 (York Road) to NC 160 (Brown Grier Road) in Charlotte. This will include approximately 2.1 miles of the West Charlotte Outer Loop. It will connect with a 1.5 mile segment already under construction (R-2248AA) and will have fully independent utility. The segment discussed herein is the only section of the West Charlotte Outer Loop scheduled for construction in 1996. The next section to be built (SR 1148 to US 29174) is not scheduled for lett until December 1998. An Environmental Impact Statement for the entire West Char otte Outer Loop was approved on January 24, 1992. This document includes studies pertaining to impacts on natural systems and protected species. Copies of the EIS have been provided to regulatory agencies involved in the permit review process. Additional copies will be provided upon request. A copy of the preliminary report on protected species investigations for this particular segment is attached. The final Threatened and Endangered Species surveys for the construction consultation will be completed by May 20, 1996. This will include a field survey for Schweinitz' sunflower (Helianthus schweinitzii) during this species' blooming season. The results of this survey will be forwarded upon receipt. On January 30, 1995 Hal Bain and Logan Williams of the NCDOT Environmental Unit completed a wetland delineation for the referenced project segment. The attached plan drawings and summary report describe the stream crossings involved. Five intermittent tributaries to Coffey Creek will be culverted with single reinforced concrete pipes. Two of these crossings will involve fill in wetlands. Site III has a flow rate of 0.5 cubic feet per second and will require 0.08 hectare (0.20 acre) of fill in wetlands. Site V SOW April 22, 1996 Page 2 has a flow rate of 0.9 cubic feet per second and will require 0.30 hectare (0.74 acre) of fill in wetlands. A temporary wetland fill area of 0^23 hectare (0.57 acre) will be required to construct a Type -A' silt basin at Site V. In summary, this segment of the West Charlotte Outer Loop will involve 0.38 hectare (0.94 acre) of permanent fill and 0.23 hectare (0.57 acre) of temporary fill in jurisdictional wetlands. Since all of these *11 areas involve tributaries located above stream headwaters, it is , ici ted that the proposed work may be authorized under Nationwide Perm #26 33 CFR 330.5(3). Although a pre-discharge notification is not u' we are informing you of our intent due to the outstanding Threatened and Endangered Species issue. Nationwide Permit #26 is conditioned upon resolution of this issue before the permit is utilized. Construction will not be started until the surveys for Helianthus schweinitzii have been completed. By copy of this letter, application is also made for 401 Water Quality Certification by the North Carolina Division of Environmental Management. Thank you for your assistance. If you have any questions, please contact Cyndll at (919) 733-7844, Extension 306. Since 1 , H. Franklin Vick, P.E., Manager Planning & Environmental Branch HFV/plr Attachments cc: Mr. B. G. Payne, P.E., Division 10 Engineer Mr. Steve Lund, COE, NCDOT Coordinator Mr. John Dorney, DEM, Water Quality Section Mr. David Cox, NCWRC Mr. John Hefner, USFWS Mr. N. L. Graf, P.E., FHWA Mr. John Smith, P.E., Structure Design 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 ? v STATE OF NORTH CAROLINA DEPARTMENT OF TkkNSPORTATION JAMES B. HUNT. JR. DIVISION OF HIGHWAYS R. SAMUEL HUNT III GOVERNOR P.O. BOX 25201. RALEIGH. N.C. 27611-5201 SECRETARY -'_ Januarv _1995 TGe,-i Gr inleS P .L. , l :n: s=ea-; Consuizant Ensi ir.eer ins, ',. nit ?.. Bain. Er vronnien,tai BiC-:02: Environmencai Unit -- Si_ :':'Olec'ed Species .rft Ware_ ReS0'.irce s unCi3,e ..J - 7? 1-2ht 0. VV a Consu i tat ion e_ W a s t Chariozze fluter ?oo^ from ;:C =9 co Brown-Brier RoaCi. >iec::_en?. :rc_• County 11: - R-2-21SIA-3. State Plo, ect Federal.-A d Proje•CL -Phil Harris. Lrojecz Planning Eri`_4neer r:.r F_ F i na l _P ni i ronme n i. ta Stateiv ent ( :S ) for 21+SAB signed ;anuary 199= Water resources and rederai'ly protected species are addressed for construction consultAtion. Water Resources. Pro ject R-_2'SAB tit's L 1 ,m -ead = annamed intermittent tributaries of Coffey Creels inef. ETS). Best usage classification of unnamed tributaries is the salve as the water resource to which they are tributary (in this case. rotfey Creel;). Coffey Creek is assigned a best usage Classification of C (1993. Division of Environmentai Managemenz). 'T'herefore, the unnamed tributaries impacted by proposed construction of n-2?rt9AB also are assigned a best usage classification of C. These classifications have not changed since the completion of the referenced EIS document. The Benthic iacroinvertebrate Ambient Network (BMAN) is managed by DEMt and is part of an ongoing ambient water quality monitoring program which addresses long term trends in water quality. The program assesses water quality by sampling for selected benthic macroinvertebrate organisms at fixed monitoring sites. Some macroinvertebrates are sensitive to very subtle changes in water quality; thus. the C.- species richness and overall biomass are reflections of water auaiity. No BMA information is avai'iabie for the immediate project area. impacts to "Waters of the U.S." are Anticlinated from proposed project construction. The proposed project will impact both surface waters and wetlands associated with unnamed intermittent tributaries to Coffey Creek. Information relative to impacts to wetlands will be available after a wetland delineation to be completer': by \CDCT biologists Hal Bain and Logan Williams on Januarv 30. 199= Protected Species. P=ants a c an_in ais w itI =ede_al classifications of FndaIiaereC: (E). :hr• aten-d ('). Proposed Endanzered (?E) anCi Proposed Threatened (PT) are _?rotecteC uncei provisions of ?eC _ iGn an:_ Eact ior; 9 c) the -ncan17_c, JpeCie S yCt of 1973. as amended- ^ile U. S. F is i and ; 1CiilIe Service (L'SFWS) lists Carolina heeisplitter (Lasiniaona C.eCorata) and Sc'n ein_zZ S SUnl_o5i'er .t eanthus SCil•.e i ?lltZ 1'1 as f eCler.?i i j?rOt,?CL?.t- S1?eCi'_'S 1 .`• ?3C :18nvUr County as of 1- `.ovemc,er _ccJ Recommendations for survevs co be conducted in suitable habitat for Schweinitz*s sunf over were inciudeC in the referenced E-LJ. However. Carolina heelsplitter was not listed for Mec `enburg Count' at the time tCie L,IJ was coanoleted. Descriptions of moth protected species ollow as Weil as Biolo_icai Conclusions. Carolina heeisplitter (Lasmivona decorata) (E) The Carolina heeisplitter was known historically from several locations within the Catawba River and t e Pee Dee River systems. Presently this mussel is ?;nown oniv from two populations in North Carolina. These populations are located in Walhaw Creelk and Goose Creek in Union County. The shell of the Carolina heeisplitter is ovate, trapezoidal, unsculptured and 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 depressed and project a little above the hinge line. The shell averages 78 mm in length, 43 mm in height and'37 mm in width. The thin lateral teeth may or may not be well developed. 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. BIOLOGICAL CONCLUSION: NO EFFECT Field investigations conducted for the Right of Way Consultation found no habitat for Carolina heelsplitter in the project study area. Therefore, no impacts to this species will result from project construction. Schweinitz's sunflower (Eelian thus schweinitzii) (E) This rhizomatous perennial herb groins 1 to ? meters tall fromi a cluster of carrot-like tuberous roots. The stems are 1,suall l solitar}' Uranchinc only at or above iri -stem. with file branches 1e_Ci in candelab_um-s _e arches. T_:a narro<<'_v lanceolate oinosite leaves are scabrous above. resin-cotters and loosely so: t-wn.ite-hairy 'beneath and entire (or occasional1% with a few s:nal_ teeth). The leaves are apprG:i_ la :.l l3 Cm ion R Si,Ci 2 ._ iym 141de. ?i _ow io:rers approximately 3.5 cm in diameter can be witnessed from Sept mUer t0 Ocrober. ;.tem.-s are of .en deep rec. ii color and the f_ui-1 of this species is a smooth. dar%= -zray-brown achene auou c mm i Gil` This alan.t i s endemic to the lei e'dinont Gf the Caroi inas occurring in clearings and edges of upland woods on moist to rryish clays. ciao--foams, or sands" ciao'-loamris that often have a high gravel content and are moderately poazolized. BIOLOGICAL CONCLUSION: UNRESOLVED Habitat for Schweinitz's sunflower (early successional field edge and openings in forests) were identified during a recent site visit conducted on January 10, 1995 by NCDOT biologist Hal Bain, Logan Williams and Cyndi Bell. Presence or absence of this species could not be determined during the previous. site visit. Plant by plant surveys during the growing season (late May to early June) to determine presence or absence of this species along R-2248AB will be required. cc: V. Charles Bruton. Ph.D.. Unit Head Randall, Turner, Environmental Supervisor B th ,Harmon, Permits and Mitigation fi'Ye R='2j$?AB • 'f • f t-'% 1411 1121 322 !f ' \p 1153 - -.10.05 _ 1 1] .67 10 -060 1\ _ 1152 06 .Ie 17 i? Y n i I -`/ -- - 111 .7e p1 -22 .16 IJ33 ? M 47 P ti0 131 J? t 11•= :?.. n pe '4 ion END PROJECT 1 a 1 E NS,O t BRowN'== _76- ? .,,is 1 1 G 1, P` li?ORO v 13l L?4 . P560 - .32)k I Site V Site IV Site III 1112 ? Site II - Site I 165 11L! a a Aj'I*& BEGIN PROJECT VICINITY MAP SCALE 5 0 1 MILE l SaNd-113M JL iS3 HOiIG 33S ''--4=-,-1 l fr 3 Lu8Z iS -10 3W LI, 1S3 --- ' +++ f? I -1Ib'134 Id (]310VdVNI NV-l13M O O 0 (a) IN , k? v .a U O I O i Ln i III -IIV 13a dVIAS 3S-IVA 33S--/ b lb 0 rn 1 i I -IdMCIV3H 1 3aa cwL. 1S3 .d, -IId13a HO11a 33S U HO11a .n. VI) c ? oz•ouO 71! S 1 x z J J L y LOz zw Aa Ode i 6 C6 ° a iA'17 Nay z a x c? w H Q ?.. can w ? i O A ? C O z C x,, o `y c) Q- \? I 7 ? E ti J .s. v Z_ J z o - H ° I o Z w 06 E , ° W ' W W' U C U W x 04 ' W W b ? O Ln Q Z r' Lij o o H ul ?g z os Q x?3oa ?df a? INN z F ) ! j• t ? . ? ? W O i ; + O ,t F • t I ) H i ? % t r W U U ? F ?e LL-, w ? OQ 0?? R' V x ) d (L Z 0zH ?' c 3 `c• ? s s i , r ?s .1o Shopt- LW SITE 9 4>., -- - - --------- • • y \ ?.'.'.. I la7 J, 131] _ O t P11-2 \.';., 1136_ 00 • i )1i ?t , ' End / SITE 7• Begin Project r Permit R-2248 AC 9s ?•L? ,1j ,'l! )1 J3 Terminus ti ..a .\ u o SITE 8 SITE 5 <l ` 165 t ,. _ 13]6 , I ,S.I Ma 13]fo 40 1317 . SITE 6 -130] $ . moo, a?b u •., - 05 .ov a u, x.? :;:,•;? 0 1303 -1113 1 .. ?. FJ:7FN5/O OS ?? ? •• Jf ?. IA20 z, .11 - _,•_ SITE 3 ,.'.? Isis " / 0) 1 X1.01 ' ` 1,520 SITE 4 -SITE 2 Begin Permit C43 Terminus SITE 1 / P560 Begin Project ;:. ;.. R-2248 AB C269 ~.1::•:. 'i'j•,r:, 1x10 / •f 1 \ V1 O-A, SCALE ? ar'` 0 1 MRE N • N. C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS Mecklenburg County PROJECT: 8.U672204 (R-2248AB & partof R-2248AC) CHARLOTTE OUTER LOOP SHEET i..OF-' SaNd-113M r?• ? ? ? O z a ? co cl o ? HOlla 33S r • . . r• ! • ' / ? ? ?? 1 rt r? t ' % ?t tt J ,t 1 tt ? , ;. t , f t t' l ,. t O Q ,, ,] ?' ?, ` ' is t l I ! i 8 S S V I J t 3W ll 1ST ----?';• _ __ _ - - . {U ' (:5 '? + Id (]]iovdWl ; NV -1 1"3M w o ) o , C) rn (D) IOZ J a III dm s 3S-IV J 33S - . o ? cc) , , w -i-idMad3H N, ?NiK HO11a 33S H31I0.n. z z w L L8 S 1 I`. 'f a J? Nv ?`4 \ ; _. ; to ?a y a ? yo O i 9 p can ? 9 ? U c ??' ? ° H \ o z co ?.. z ? un LL-1 a `f' Cb 0 c , d F z J J A o? o? . SUMMARY SITE NO. STA. STRUCTURE DREDGE OR FILL IN WETLANDS 1 4+450 -L- 900= RCP NA 2 4+710 -L- 900= RCP NA 3 5+130 -L- . 900= RCP 0.08 ha 0.20 ac 4 5+380 -L- 1200= RCP NA 5 1+240 -Yl- 1350= RCP 0.30 ha 0.74 ac 6 6+410 -L- Roadway & Fill Slope 0.026 ha 0.064 ac 7 6+440 -L- Roadway & Fill Slope 0.018 ha 0.044 ac 8 7+750 -L- Roadway & Fill Slope 0.015 ha 0.037 ac 9 7+712 -L- Raodway & Fill Slope 0.002 ha 0.0049 ac Note: All Sites are Above Headwaters. NOTIFICATION FORM INFORMATION SHEET Nationwide permits that require notification to the Corps of Engineers Nationwide permits that require application for Section 401 certification A. NOTIFICATION TO THE CORPS OF ENGINEERS DISTRICT ENGINEER. (REFER TO ITEM B. BELOW FOR DIVISION OF ENVIRONMENTAL MANAGEMENT APPLICATION RE- QUIREMENTS AND SPECIFICALLY NOTE NWP 26 DIFFERENCE.) Certain nationwide permits require notification to the Corps of Engineers before work can proceed. They are as follows: NWP 5 (only for discharges of 10 to 25 cubic yards) NWP 7 NWP 13 (only for stabilization activities in excess of 500 feet in length or greater than an average of one cubic yard per running foot) NWP 14 (only for fills in special aquatic sites, including wetlands, and must include a delineation of affected special aquatic sites) NWP 17 NWP 18 (required when discharge exceeds 10 cubic yards or the discharge is in a special aquatic site and must include a delineation of the affected special aquatic site, including wetlands) NWP 21 (must include a delineation of affected special aquatic sites, including wetlands) NWP 26 (only for greater than 1 acre total impacts and must include a delineation of affected special aquatic sites, including wetlands) NWP 33 (must include a restoration plan of reasonable measures to avoid and minimize impacts to aquatic resources) NWP 37 NWP 38 (must include a delineation of affected special aquatic sites, including wetlands) For activities that may be authorized by the above listed nationwide permits that require notification, the applicant shall not begin work a. Until notified that the work may proceed under the nationwide permit with any special conditions imposed by the District Engineer, or b. If notified that an individual permit may be required, or c. Unless 30 days (calendar) have passed from the time a complete notification is received by the District Engineer and no notice has been received from the District Engineer, and required state approvals have been obtained. Required state approvals include: 1) a Section 401 water quality certification if authorization is requested for a discharge of dredged or fill material, and 2) an approved coastal zone management consistency determination if the activity will affect the coastal area. Use of NWP 12 also requires notification to the District Engineer, but work may not begin until written concurrence is received from the District Engineer. The time periods described above do not apply. Furthermore, requirements to notify the U.S. Fish and Wildlife Service (USFWS), the National Marine Fisheries Service (NMFS), and the State Historic Preservation Office (SIPO), as indicated below and on the notification form, do not apply. B. APPLICATION TO DEM FOR NATIONWIDE PERMIT SECTION 401 CERTIFICATION. Certain nationwide permits require an application to DEM in order to obtain Section 401 water quality certification. They are NWP 6, NWP 12, NWP 15, NWP 16, NWP 17, NWP 21, NWP 33, NWP 34, NWP 38, and NWP 40. Certain nationwide permits were issued general certifications and require no application. They are NWP 3, NWP 4, NWP 5, NWP 7, NWP 20, NWP 22, NWP 23 (requires notification to DEM), NWP 25, NWP 27, NWP 32, NWP 36, and NWP 37. The following nationwide permits were issued general certifications for only limited activities: NWP 13 (for projects less than 500 feet in length), NWP 14 (for projects that impact waters only), NWP 18 (for projects with less than 10 cubic yards of fill in waters only), and NWP 26 (for projects with less than or equal to one-third acre fill of waters or wetlands). Projects that do not meet these criteria require application for Section 401 water quality certifications. C. - NOTIFICATION/APPLICATION PROCEDURES. The attached.form should be used to obtain approval from the Corps of Engineers and/or the N.C. Division of Environmental Management as specified above. The permittee should make sure that all necessary information is provided in order to avoid delays. One copy of the completed form is required by the Corps of Engineers and seven copies are required by DEM. Plans and maps must be on 8 1/2 x 11 inch paper. Endangered species requirement: For Corps of Engineers notifications only, applicants must notify the U.S. Fish and Wildlife Service and/or the National Marine Fisheries Service regarding the presence of endangered species that may be affected by the proposed project. U.S. FISH AND WILDLIFE SERVICE RALEIGH FIELD OFFICE P.O. Box 33726 Raleigh, NC 27636-3726 Telephone (919) 856-4520 NATIONAL MARINE FISHERIES SERVICE HABITAT CONSERVATION DIVISION Pivers Island - Beaufort, NC 28516 Telephone (919) 728-5090 Historic resources requirement: For Corps of Engineers notifications only, applicants must notify the State Historic Preservation Office regarding the presence of historic properties that may be affected by the proposed project. STATE HISTORIC PRESERVATION OFFICE ti N.C. DIVISION OF ARCHIVES AND HISTORY 109 East Jones Street - Raleigh, NC 27601 Telephone (919) 733-4763 Information obtained from these agencies should be forwarded to the Corps. I -DEM ID: ACTION ID: Nationwide Permit Requested (Provide Nationwide Permit #): JOINT FORM FOR Nationwide permits that require notification to the Corps of Engineers Nationwide permits that require application for Section 401 certification WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH, P.O. Box 1890 AND NATURAL RESOURCES Wilmington, NC 28402-1890 P.O. Box 29535 ATTN: CESAW-CO-E Raleigh, NC 27626-0535 Telephone (919) 251-4511 ATTN: MR. jOHN DORNEY Telephone (919) 733-5083 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. North Carolina Department of Transportation 1. Owners Name: 2. Owners Address: #1 Wilmington Street, Raleigh, North Carolina, 27611 (Work): (919) 733-3141 3. Owners Phone Number (Home): 4. If Applicable: Agent's name or responsible corporate official, address, phone number: H Franklin Vick, P E , Manager Planning and. Environmental Branch 5. Location of work (MUST ATTACH MAP). County: Mecklenburg Nearest Town or City: Charlotte Specific Location (Include road numbers, landmarks, etc.): NC 49 to NC 160 6. Name of Closest StreatnlRiver: Sugar Creek 7. River Basin: Catawba 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS 11? YES [ ] NO 9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO k? 'If yes, explain. 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 1.09 Acres 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: 1.09 Drained: Flooded: Excavated: 3 Total Impacted: ^ 12. Description o; proposed work (Attach PLANS-8 1/2" X 11" drawings only): Construction of new 4-lane divided highway from NC 49 to NC 160. This will be incorporated into the Charlotte Outer Loop. 13. Purpose of proposed work: Public Transportation 14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures taken to minimize wetland impacts. I inear prnjPrtt - qt-rPam rrnaci ngc arP i ina%rni riahl a 15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service (NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened species or critical habitat in the permit area that may be affected by the proposed project. Have you done so? YES kX] NO [ ] RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS. 16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic properties in the permit area which maybe affected by the proposed project? Have you done. so? %YES [XA NO[ ] RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. 17. Additional information required by DEM: A. Wetland delineation map showing all wetlands, streams, and lakes on the property. B. If available, representative photograph of wetlands to be impacted by project: C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the delineation line. D. If a stormwater management plan is required for this project, attach copy. E. What is land use of surrounding property? Residential F. If applicable, what is proposed method of sewage disposal? N/ A N C4 Sl,, T?C.?,?..?...... ? It • ?ia?,J,..<«.. V? c4 y ? ?•?? ?L Owner's Signature Date .- ; -- --MAY-30-19G THU 10:14 ID:NCDOT - HYDRAULICS TEL NO:9192504108 #382 Poi NORTH CAROLINA DEPARTMENT OF TRANSPORTATION HYDRAULICS UNIT + FACSIMILIE TRANSMITTAL COVER SHEET ?'??7r[sa * DATE: Please deliver the following pages #o: Name: ?5/" 14 e-'IQ.IQm b Of: -PC This facsimilie is being sent by: Name: !~Vr0-ri1A' F ?e &_n ? Fax Number Called: REMARKS: 1 v l /? ? 4 j A7 d, L-.a. 4?h s I'gj• Q AA. IF YOU DO NOT RECEIVE ALL PAGES CLEARLY, CALL BACKAS SOON AS POSSIBLE V Our Telephone Number is: (919)250-4100 Our FAX No. is: (919)250-4108 PLEASE COUNT PAGES, (INCLUDING COVER SHEET) TOTAL NUMBER PAGES w ? MAY-30-196 THU 10:15 ID:NCDOT - HYDRAULICS TEL NO:9192504108 #382 P02 1 i t t ? oL/dS 1 1 , t v \ W ? 11 4 _ r"171 419, P ?t 6` i I t Illy .r CS /? oil's i s1 6 9 4 04 s G4 4- [7Wr? Ltil 7 ao 0 E-? 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