19990248 Ver 1_Complete File_19990316

DIVISION OF WATER QUALITY
JAMESB. HUNT'JR ;+1
GOVERNOR
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Mr. William Gilmore, PE
NC Department of Transportation
Project Development and
Environmental Analysis Branch
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Subject: TIP #: U-2512BA
COE Permit #: 19993 86
DWQ #: 990248
County: ecklenburg
RECEIPT OF PAYMENT
September 18, 2000
U
SEP 2 `1 2000
4 v 1 _ .dr„ The North Carolina Wetlands Restoration Program (NCWRP) received check
number 1058563 in the amount of $ 117,625.00 as payment for the compensatory
mitigation requirements of the subject U.S. Army Corps of Engineers Section 404
permit (Action ID #199930586) and 401 Water Quality Certification (DWQ
#990248) issued to the North Carolina Department of Transportation.
The NCWRP, by acceptance of this payment, acknowledges that the NCWRP
is responsible for the compensatory mitigation requirements associated with Action
ID"#199930586, and agrees to provide the compensatory mitigation as specified in
Special Conditions (11) of this permit. As specified, the NCWRP will restore 941
near feet of stream in Cataloging Unit 03050103 of the Catawba River Basin.
If you have any questions
k " Braswell at [phone].
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REF/cvb
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
concerning this matter, please contact Crystal
Sincerely,
G3!Z
Ronald E. Ferrell,
Program Manager
cc: Rob Ridings
file
Steve Lund
WETLANDS RESTORATION PROGRAM
1619 MAIL SERVICE CENTER, RALEIGH. NC 27699-1 6 1 9
website: h2o. enr. state. nc. us PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER
State of North Carolina
Department of Environment
and Natural. Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Mr. William D. Gilmore, P.E., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
P.O. Box 25201
Raleigh, NC, 27611-5201
NCDENR
November 10, 1999
Dear Mr. Gilmore:
Re: Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed widening of NC 49 (South Tryon St.) from Carowinds Boulevard (SR 1441) to Western
Charlotte Outer Loop
WQC Project No. 990248 COE No. 199930586
Cumberland County
Attached hereto is a copy of Certification No. 3253 issued to The North Carolina Department of
Transportation dated November 10, 1999.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Attachments
990248.wgc
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
DWQ Wilmington Regional Office
Mr. John Dorney
Central Files
Wetlands/401 Unit 1621 Mlail Service Center Raleigh, North Carolina 27699-1621
Telephone [phone]"06 FAX [phone]
An Equal Opportunity Affirmative Action Employer )0%n recycled/10% post consumer paper
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S
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500. This certification authorizes the NCDOT to place fill material
in 0.0 acres of jurisdictional wetlands and 1050 linear feet of streams in Mecklenburg County. The project
shall be constructed pursuant to the application filed on the 8h day of March 1999 to construct the widening
of NC 49 from Carowinds Boulevard (SR 1441) to the Western Charlotte Outer Loop in Mecklenburg
County.
The application provides adequate assurance that the discharge of fill material into the waters of Steele
Creek in conjunction with the proposed development will not result in a violation of applicable Water
Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this
activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-
217 if conducted in accordance with the application and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application, as described in
the Public Notice. Should your project change, you are required to notify the DWQ 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, compensatory mitigation may be required as described in 15A NCAC
2H .0506 (h) (6? and (7). For this approval to remain valid, you are required to comply with all the
conditions listed below. In addition, you should obtain all other federal, state or local permits before
proceeding with your project including (but not limited to) Sediment and Erosion control, Coastal
Stormwater, Non-discharge and Water Supply watershed regulations.
Condition(s) of Certification:
1. Appropriate sediment and erosion control practices which equal or exceed those outlined in the
most recent version of the "North Carolina Sediment and Erosion Control Planning and Design
Manual" or the "North Carolina Surface Mining Manual" (available from the Division of Land
Resources i he DEHNR Regional or Central Offices) shall be utilized to prevent exceedances of
the appropri he
turbidity water quality standard (50 NTUs in all fresh water streams and rivers not
designated a's,trout waters; 25 NTUs in all lakes and reservoirs, and all saltwater classes; and 10
NTUs in trout waters);
2. All sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum ;extent pra?.(.cable: If placement of sediment and erosion control devices in wetlands
and waters is unavoidable, theyshall be removed and the natural grade restored after the Division
of Land Resources h* released the project;
3. If an environmental ? cument is required, this Certification is not valid until a FONSI
or ROD is issued by State Clearinghouse;
yn
4. Measures shall be takOn to prevent live or fresh concrete from coming into contact with
waters of the state unill the concrete has hardened;
5. There shall be no exca ation from or waste disposal into jurisdictional wetlands or waters
associated with this permit without appropriate modification of this permit. Should waste or
borrow sites be located in wetlands or stream, compensatory mitigation will be required since it is
a direct impact from road construction activities.
6. Compensatory mitigation shall be done for 941 linear feet of streams to be impacted by
construction of the project. We understand that you have chosen to perform mitigation through
an in lieu payment to the North Carolina Wetland Restoration Program (NCWRP), and that the
WRP has agreed to implement mitigation for the project. In accordance with 15A NCAC
2R.0500, the contribution will satisfy our compensatory mitigation requirements under 15A
NCAC 2H.0506(h). Until the Wetland Restoration Program receives and clears your check
(made payable to DENR - Wetland Restoration Program), wetland or stream fill shall not occur.
Mr. Ron Ferrell should be contacted at 919-733-5083 ext. 358 if you have any questions
concerning the Wetland Restoration Program. The payment to NCWRP shall be sent within two
months of issuance of the 404 permit.
Violations of any condition herein set forth shall result in revocation of this Certification and may
result in criminal and/or civil penalties. This Certification shall become null and void unless the
above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act
Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request
within sixty (60) days following receipt of this Certification. This request must be in the form of a written
petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. If modifications are made to an
original Certification, you have the right to an adjudicatory hearing on the modifications upon written
request within sixty (60) days following receipt of the Certification. Unless such demands are made, this
Certification shall be final and binding.
This the 10`h day of November 1999
DIVISION OF WATER QUALITY
c :\ncdot\U-2512\wqc\990248 wgc.doc
v
NORTH CAROLINA - DIVISION OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY -OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 211.0500, the North Carolina Department of Transportation is authorized to
impact the surface waters of the State of North Carolina as indicated below for the purpose of constructing
improvements to NC 49 (South Tryon St.) from Carowinds Boulevard (SR 1441) to the Western Charlotte
Outer Loop (T.I.P. No. U-2512 BA). All activities associated with these authorized impacts must be
conducted in accordance with the conditions listed in the attached certification transmittal letter. THIS
CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS FOR WETLAND RESTORATION:
LOCATION: Improvements to NC 49
COUNTY: Mecklenburg
BASIN/SUBBASIN: Catawba River,
DWQ No.: 990248
As required by 15A NCAC 211.0506, and the conditions of this certification, you are required to compensate
for the above impacts through the restoration, creation, enhancement or preservation of wetlands and
surface waters as outlined below prior to conducting any activities that impact or degrade waters of the
state.
Note: Acreage requirements proposed to be mitigated through the Wetland Restoration Program must be
rounded to one-quarter increments according to 15A 2R.0503(b).
0.0 acres of Class WL wetlands
0.0 acres of riparian wetlands
0.0 acres of non-riparian wetlands
0 acres of Class SWL wetlands
941 linear feet of stream channel
One of the options you have available to satisfy the compensatory mitigation requirements is through
payment of a fee to the WetlgLnd Restoration Fund per 15A NCAC 2R.0503. If you choose this option,
please sign this form and mail `it to the Wetlands Restoration Fund at the address listed below. An invoice
for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE
ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR
PAYMENT HAS BEEN PROCESSED BY THE WETLANDS RESTORATION PROGRAM.
Date
Signature
WETLANDS RESTORATION PROGRAM
DIVISION OF WATER QUALITY
P.O. BOX 29535
RALEIGH, NC, 27626-0535
[phone]
a V,
V NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August 11, 1999
Mr. Steve Lund
Asheville Regulatory Field Office
US Army Corps of Engineers
151 Patton Avenue, Room 143
Asheville, NC 28801-5006
Dear Mr. Lund:
DIVISION OF WATER QUALITY
3 3
Q
AUG 1 6 P9 ft
WE(L MP WTF
Subject: NCDOT Project U-2512BA
Action ID 199930586
Mecklenburg County
The purpose of this letter is to notify you that the North
Carolina Wetlands Restoration Program (NCWRP) is willing to accept
payment from the North Carolina Department of Transportation
(NCDOT) for stream impacts associated with the subject project in
accordance with the Memorandum of Understanding between the
NCWRP and the U.S. Army Corps of Engineers. Based on information
supplied by the NCDOT in a letter dated July 22, 1999, 728 linear feet
of stream restoration is required to satisfy the remaining
compensatory mitigation requirements for this project. As requested
by NCDOT, the NCWRP will provide 728 linear feet of stream
restoratiori.in Cataloging Unit 03050103 of the Catawba River basin.
If you have any questions or need additional information I can
be reached at 919-733-5219.
Sincerely,
Ronald E. e ell
Program Manager
Wetlands Restoration Program
cc: John Hennessy, Wetlands/401 Unit
Chris Murray, NCDOT
P.O. BOX 29535, RALEIGH, NORTH CAROLINA 27626-0535
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER
6
State of North Carolina
r
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill'Holman, Secretary
Kerr T. Stevens, Director
Mr. Bill Gilmore, P.E., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
P.O. Box 25201
Raleigh, North Carolina, 27611
Dear Mr. Gilmore:
NCDENR
September 8, 1999
Re: Permit Application for widening of NC 49 between Carowinds Boulevard (SR 1441) and Interstate
485 in Mecklenburg County
DWQ No. 990248; T.I.P. No. U-2512BA,
The Division of Water Quality has reviewed your submittal for a 401 Water Quality Certification for the
aforementioned project. Review of your application revealed it lacking necessary information required for
making an informed permit decision. The permit application was deficient in the following areas:
There was not sufficient information regarding the proposed stream crossing and relocation at Site I at the
Earl T. James property to make an informed permit decision,
The quantification of proposed impacts is not presented in a clearly understandable format.
Therefore, pursuant to 15A N%AC 2h-.0507(a)(3), we will have to place the permit application on hold until
we are supplied the necessary information. Furthermore, until the information is received by the NC
Division of Water Quality, we regdest.(by copy of this letter) that the US Army Corps of Engineers place
the permit application on hold. We understand that a meeting has already been set for the 23nd of this month
to clarify the confusion and a4ow permit issuance.
Hopefully, we can work together to expedite the processing of your permit application. If you have any
questions or require additional information, please contact John Hennessy at 919-733-5694.
x4
Sincerelv.
cc: Mike Parker, Mooresviil DWQ Regional Office
Steve Lund, USACE
Central Files
C:\r!cdot\U-2512BA\correspondence\990248hid. doe
. 11 1 ) ' ' ? v
Jo R. IDoW ter Quality Certif catio rogram
Wetlands/401 Unit t' 1621 Mail Service Center Raleigh, North Carolina 27699-1621
Telephoe 919-733-1786 FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
NCDENR
November 10, 1999
Mr. William D. Gilmore, P.E., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
P.O. Box 25201
Raleigh, NC, 27611-5201
Dear Mr. Gilmore:
Re Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed widening of NC 49 (South Tryon St.) from Carowinds Boulevard (SR 1441) to Western
Charlotte Outer Loop
WQC Project No. 990248 COE No. 199930586
Cumberland County
Attached hereto is a copy of Certification No. 3253 issued to The North Carolina Department of
Transportation dated November 10, 1999.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Attachments
990248. wqc
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
DWQ Wilmington Regional Office
Mr. John Dorney
Central Files
Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper
A
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500. This certification authorizes the NCDOT to place fill material
in 0.0 acres of jurisdictional wetlands and 1050 linear feet of streams in Mecklenburg County. The project
shall be constructed pursuant to the application filed on the 8`h day of March 1999 to construct the widening
of NC 49 from Carowinds Boulevard (SR 1441) to the Western Charlotte Outer Loop in Mecklenburg
County.
The application provides adequate assurance that the discharge of fill material into the waters of Steele
Creek in conjunction with the proposed development will not result in a violation of applicable Water
Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this
activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-
217 if conducted in accordance with the application and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application, as described in
the Public Notice. Should your project change, you are required to notify the DWQ 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, compensatory mitigation may be required as described in 15A NCAC
2H .0506 (h) (6) and (7). For this approval to remain valid, you are required to comply with all the
conditions listed below. In addition, you should obtain all other federal, state or local permits before
proceeding with your project including (but not limited to) Sediment and Erosion control, Coastal
Stormwater, Non-discharge and Water Supply watershed regulations.
Condition(s) of Certification:
Appropriate sediment and erosion control practices which equal or exceed those outlined in the
most recent version of the "North Carolina Sediment and Erosion Control Planning and Design
Manual" or the "North Carolina Surface Mining Manual" (available from the Division of Land
Resources in the DEHNR Regional or Central Offices) shall be utilized to prevent exceedances of
the appropriate turbidity water quality standard (50 NTUs in all fresh water streams and rivers not
designated as trout waters; 25 NTUs in all lakes and reservoirs, and all saltwater classes; and 10
NTUs id, trout waters);
2. All sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in wetlands
and waters is unavoidable, they shall be removed and the natural grade restored after the Division
of Land Resources has released the project;
3. If an environmental document is required, this Certification is not valid until a FONSI
or ROD is issued by the State Clearinghouse;
4. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
5. There shall be. no excavation from or waste disposal into jurisdictional wetlands or waters
associated with this permit without appropriate modification of this permit. Should waste or
borrow sites be located in wetlands or stream, compensatory mitigation will be required since it is
a direct impact from road construction activities.
6. Compensatory mitigation shall be done for 941 linear feet of streams to be impacted by
construction of the project. We understand that you have chosen to perform mitigation through
an in lieu payment to the North Carolina Wetland Restoration Program (NCWRP), and that the
WRP has agreed to implement mitigation for the project. In accordance with 15A NCAC
2R.0500, the contribution will satisfy our compensatory mitigation requirements under 15A

NCAC 211.0506(h). Until the Wetland Restoration Program receives and clears your check
(made payable to DENR - Wetland Restoration Program), wetland or stream fill shall not occur.
Mr. Ron Ferrell should be contacted at 919-733-5083 ext. 358 if you have any questions
concerning-the Wetland Restoration Program. The payment to NCWRP shall be sent within two
months of issuance of the 404 permit.
Violations of any condition herein set forth shall result in revocation of this Certification and may
result in criminal and/or civil penalties. This Certification shall become null and void unless the
above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act
Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request
within sixty (60) days following receipt of this Certification. This request must be in the form of a written
petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. If modifications are made to an
original Certification, you have the right to an adjudicatory hearing on the modifications upon written
request within sixty (60) days following receipt of the Certification. Unless such demands are made, this
Certification shall be final and binding.
This the 10`° day of November 1999
DIVISION OF WATER QUALITY

c:\ncdot\U-2512\wqc\9902#8wgc.doc
s
t.
f
NORTH CAROLINA - DIVISION OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2H.0500, the North Carolina Department of Transportation is authorized to
impact the surface waters of the State of North Carolina as indicated below for the purpose of constructing
improvements to NC 49 (South Tryon St.) from Carowinds Boulevard (SR 1441) to the Western Charlotte
Outer Loop (T.I.P. No. U-2512 BA). All activities associated with these authorized impacts must be
conducted in accordance with the conditions listed in the attached certification transmittal letter. THIS
CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS FOR WETLAND RESTORATION:
LOCATION: Improvements to NC 49
COUNTY: Mecklenburg
BASIN/SUBBASIN: Catawba River,
DWQ No.: 990248
As required by 15A NCAC 2H.0506, and the conditions of this certification, you are required to compensate
for the above impacts through the restoration, creation, enhancement or preservation of wetlands and
surface waters as outlined below prior to conducting any activities that impact or degrade waters of the
state.
Note: Acreage requirements proposed to be mitigated through the Wetland Restoration Program must be
rounded to one-quarter increments according to 15A 2R.0503(b).
0.0 acres of Class WL wetlands
0.0 acres of riparian wetlands
0.0 acres of non-riparian wetlands
0 acres of Class SWL.wetlands
941 linear feet of stream channel
One of the options you have available to satisfy the compensatory mitigation requirements is through
payment of a fee to the Wetland Restoration Fund per 15A NCAC 2R.0503. If you choose this option,
please sign this. form and mail it to the Wetlands Restoration Fund at the address listed below. An invoice
for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE
ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR
PAYMENT HAS BEEN PROCESSED BY THE WETLANDS RESTORATION PROGRAM.
Signature Date
WETLANDS RESTORATION PROGRAM
DIVISION OF WATER QUALITY
P.O. BOX 29535
RALEIGH, NC, 27626-0535
[phone]
I?
e ?5„a1f °
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. P.O. BOX 25201. RALEIGH. N.C. 27611-5201 E. MORRIS TOLSON
GOVERNOR SECRETARY
March 8, 1999
U.S. Army Corps of Engineers ?J C ,?JU, 3 ??"
Asheville Regulatory Field Office
151 Patton Avenue, Room 143
Asheville, North Carolina 28801-5006
Attention: Mr. Steve Lund
NCDOT Project Coordinator
Subject: Widen NC 49 (South Tryon St.) from Carowinds Blvd. (SR 1441) to
Charlotte Western Outer Loop in Mecklenburg County. TIP No. U-
2512BA; State Project No. 8.1673501; Federal Aid Project STP-49(2).
Dear Sir:
The North Carolina Department of Transportation (NCDOT) proposes to widen
NC 49 to a multi-lane facility from the Buster Boyd Bridge at the North Carolina-South
Carolina State line to Tyvola Road Extension, for a total length of 16.6 km (10.3 mi).
The purpose of this memo is to address impacts associated with Section BA, which
involves the widening of NC 49 from Carowinds Blvd. to Charlotte Western Outer Loop
in Mecklenburg County, a total distance of 4.0 km (2.5 mi).
NEPA Documentation
The Federal Highway Administration (FHWA) approved the Environmental
Assessment (EA) for TIP No. U-2512 on June 27, 1994. The FHWA signed the Finding
of No Significant Impact (FONSI) for the NC 49 widening on November 23, 1994. The
EA and the FONSI include studies pertaining to impacts to natural systems and protected
species. Copies of the EA and the FONSI have been provided to regulatory agencies
involved in the permit review process.
Alternatives Considered (seeEnvironmental Analysis)
From the roadway approaches at the Buster Boyd Bridge to SR 1441 (Carowinds
Blvd.), two typical sections were considered: a four-lane rural section with a 46 foot
median was evaluated for symmetrical, east-side, and/or west-side widening about the
existing centerline. Also, a five-lane undivided shoulder section with a continuous center
turn lane was analyzed. From SR 1441 (Carowinds Blvd.) to Tyvola Road Extension, a
68-foot (from face of curb to face of curb) five-lane curb and gutter section including a
Mot
2
16-foot continuous center turn lane was evaluated. A second alternative considered for
the north section of the project included a four-lane divided curb and gutter section with a
30-foot raised median. This alternative involved widening to one side of the roadway or
the other.
Recommended Alternative (see Finding of No Significant Impact)
The NCDOT intends to construct the alignment recommended in the
Environmental Assessment. The recommended improvement is a four-lane rural
roadway separated by a 46-foot depressed median from the Buster Boyd Bridge to SR
1441 (Carowinds Blvd.). A four-lane curb and gutter section with a raised 30-foot
median is recommended from SR 1441 (Carowinds Blvd.) to Sugar Creek. From Sugar
Creek to Tyvola Road Extension, a four-lane shoulder section with a 30-foot raised
median is recommended. Alternatives for the replacement of the Buster Boyd Bridge are
being evaluated under a separate project, TIP No. B-3004.
The "do-nothing" or no-build alternative was rejected because the existing
roadway system cannot adequately service the projected traffic volumes atong NC 49.
The four-lane section minimizes residential relocations as well as impacts to parks,
recreational areas, forest lands and wetlands. It also provides a safer operating design by
restricting vehicular turns to median openings. On the basis of human and physical
impacts and environmental considerations, the four-lane divided section was considered
to provide the safest operation with the fewest adverse impacts.
The NCDOT has updated its review of federally-protected species for the project.
Biological Conclusions of No Effect were resolved and remain valid for Carolina
heelsplitter (Lasmigona decorata), smooth coneflower (Echinacea laevigata),
Schweinitz's sunflower (Helianthus schweinitzii), and Michaux's sgmac.(Rhus
michauxii). Attached to this letter is the most recent Construction `Consultation for the
project, which addresses federally-protected species involved with the'construction of the
project and serves to update previously submitted documents.
Project Let Schedule
For construction purposes, the widening of NC 49 has been broken down into
sections. Table 1 reflects the project breakdown, section termini and project let dates. A
map depicting the sections associated with TIP U-2512 is attached.
e
Table 1.
Section
A
3'
Construction Schedule for TIP No. U-2512 in Mecklenburg County
Description' Let Date
Buster Boyd Bridge at the South Carolina line to SR October 2000
1441
AA' Intersection realignment of NC 49, SR 1116 and SR May 1999
1109
BA SR 1441 to Charlotte Western Outer Loop June 1999
BB SR 1138 (Arrowood Road) to Tyvola Road Extension November 1998
BC` Charlotte Western Outer Loop to SR 1138 Complete
Section A involves the widening of NC 49 from Buster Boyd
Bridge at the South Carolina line to SR 1441 and is scheduled to be let on 17 October
2000. NCDOT will require permits in this section for impacts to surface waters. Section
AA is found within Section A of the project. This independent section involves
realigning SR 1116 (Shopton Road) and SR 1109 (Youngblood Road) at NC 49. This
section is scheduled to be let on 18 May 1999. There are no stream or wetland impacts
associated with this project; therefore, it will not require a permit. Section BB involves
the widening'of NC 49 from SR 1138 to Tyvola Road (see USACE Action ID No.
199830772). This section was let on 17 November 1998, and is expected to be
completed`on 7'9_'Ma°y 2001.
The'subject of this letter is Section BA, which extends from Carowinds Blvd. (SR
1441) to Charlotte Western Outer Loop. NC 49 will be widened to a four-lane shoulder
section with a thirty, (30)-foot raised median in the project study area.
'- a
It is the opinion of the NCDOT that the proposed widening of NC 49 from
Carowinds Blvd. to "Charlotte Western Outer Loop (the BA section) has independent
utility from the remainpg sections of the project. The NCDOT believes that this section
can be considered independent of the remaining sections because it meets the following
criteria of "independent utility" as defined by the FHWA:
• this section of the project connects logical termini since it ties into an existing
alignment;
• this section of the project. is of sufficient length that environmental matters have been
addressed on abroad scope (EA and FONSI);
• this section of the project has independent significance such that it is usable and of
reasonable expenditure even if no other improvements are made in the area; and,
• this section of the project does not restrict consideration of alternatives for other
reasonable foreseeable transportation improvements.
Construction of Section BA
Project construction necessitates impacts to waters of the United States. Impacts
to surface waters total 0.136 ac resulting from pipe and culvert extension, as well as
stream relocation. NCDOT biologist Bruce Ellis conducted a site visit on January, 14
1997 to conduct a wetland delineation utilizing the 1987 Corps of Engineers Wetland
•
4
Delineation Manual (Environmental Laboratory, 1987). No jurisdictional wetland sites
were identified at the site. Table 2 summarizes impacts to waters of the United States.
Table 2. Impacts to Waters of the United States associated with
TIP No. U-251213A.
Permit Fill in Existing Relocated Enclosed
Site Surface Waters Channel Filled Channel Channel
(ac) (linear ft) (linear ft) (linear:ft)
I 0.022 65 N/A 59
II 0.124 941 308 701
III 0.012 108 N/A 66
Total 0.136 1050 308 766
AT..+o
"N/A" denotes not applicable to that particular site.
Permit site I: This involves culvert extension along Steele Creek, which is a
perennial stream. NCDOT proposes to fill in 65 linear ft of existing channel,. Based on
this limited impact, the NCDOT does not intend to provide mitigation. Impacts to
surface waters at this site are 0.022 ac.
Permit site II: This involves impacts to an unnamed, perennial tributary to' Steele
Creek. Total impacts to surface waters at this site are 0.124 ac. As stated in the summary
sheet (Sheet 6 of 7) and Table 2, NCDOT proposes to fill 941 linear ft of stream channel.
This number has been broken out into easily identifiable areas:
i .
• North side of NC 49: The stream is located in a concrete channel. The 390 linear ft
of this stream located in the concrete channel will be piped and will not require
mitigation. This section of stream has less than minimal function and essentially is
already "lost."
• South side of NC 49: NCDOT plans to pipe and relocate a portion of the channel
parallel to NC 49 (Sheet 4 of 7); impacts total 551 linear ft. A new pipe will be
installed under relocated SR 1348 and the existing pipe under SR 1348 will be
removed. The stream channel located between existing and proposed SR 1348 will
be relocated. Of the 551 linear ft impacted on the south side' of NC 49, 308 linear ft
will be relocated (at stations 23+60 to 24+40 and at stations 24+80 to 24+94); thereby
resulting in a loss of 243 linear ft. The stream is currently located in a pipe under SR
1348 at stations 24+98 to 25+14. This pipe will be removed, allowing 52 linear ft of
stream to be "relocated" in its natural setting at its existing location.
NCDOT is proposing to provide on-site stream mitigation by dropping the grade,
creating a riffle-pool complex and vegetating the banks of the relocated channels (Sheet 4
of 7). This will be done at stations 23+60 to 24+40 and 24+80 to 25+14 (which includes
a portion of the "stream relocation" under SR 1348), resulting in 374 linear ft of on-site
mitigation.

In summary, 551 linear ft of stream will be impacted at Site II (this excludes the
390 linear ft located in a channel that will not require mitigation). However, NCDOT
proposes to provide on-site stream mitigation for 374 linear ft of stream. This would be a
net loss of 177 linear ft.
It is important to note that this stream is piped upstream and off-site of the project
near SR 1348 for at least 510 linear ft (and likely much more as it is located inside an
industrial business site). Apparently, this stream has been impacted by previous (non-
NCDOT) activities in the project vicinity.
Permit site III: This involves pipe extension along an unnamed perennial
tributary to Coffey Creek. NCDOT proposes to fill in 108 linear ft of existing channel.
Impacts to surface waters at this site are 0.012 ac. Based on this limited stream impact,
NCDOT does not intend to provide mitigation.
Mitigation Requirements
The NCDOT understands that stream mitigation will be required for Permit Site II
based on the 'current rules of the Division of Water Quality (DWQ) regarding impacts
greater than 150 feet to a particular stream. On the north side of NC 49, approximately
390 linear, ft of this stream is located in a concrete channel that will be piped. This will
not require mitigation. On the south side of NC 49, a total of 551 linear ft of stream will
be impacted. 'However, NCDOT proposes to provide on-site stream mitigation for 374
linear ft of stream. This would be a net loss of 177 linear ft. NCDOT is currently
investigating utilizing the Wetland Restoration Program to provide mitigation for the 177
linear ft of stream loss. ,If this is accepted, NCDOT proposes to pay $44,250 to the
Wetland Restoration Program (WRP) (at $125 per foot of impact at a 2:1 ratio) for stream
mitigation.
In summary, the, NCDOT requests authorization under a Section 404 Nationwide
Permit 14 for sites land III and a Nationwide Permit 26 for site II. Application is also
made for the:apprdpriate 401 Water Quality Certification by the DWQ.
Thank you for you; assistance with this project. If you have any questions or need
any additional information about this project, please contact Mr. Chris Murray of my
staff at [phone], Extension 304.
Sincerely,
h?. G-
r
William Gilmore, P.E., Branch Manager
Project Development and Environmental
Analysis Branch
WG/cam
cc: Mr. David Franklin, COE, Wilmington
Mr. John Dorney, DWQ
Mr. David Cox, NCWRC
Mr. Tom Shearin, P.E., Roadway Design
Mr. Whit Webb, P.E., Program Development
Mr. Len Hill, P.E., Design Services
Mr. A.L. Hankins, P.E., Hydraulics
Mr. William Rogers, P.E., Structure Design
Mr. B.G. Payne, P.E., Division 10 Engineer
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STATE OF NORTH CAROLINA
DEPAPUMENT OF TRANSPORTATION
JAMES B. HUNT JR. RO. BOX 25201. RALEIGH. N.C. 27611-5201 E. NORR[S TOLSON
GOVERNOR SECRETARY
2 March, 1999
Memorandum To: Leigh Lane, Project Engineer
Consultant Engineering Unit
From: Christopher A. Murray, P.W.S.
Natural Systems Unit
Subject: Construction consultation for proposes'
widening of NC 49 (Scuts Tryon St.) from
Carowinds Eivc. (SR 1441; tc Charlotte Western
Outer Loop in Mecklenburg County. TIP.N
U-2512BA; State Project N:;. 8.1673501; Feder-=1
Project No. STP-49(2)
References: Categorical Exclusion (NCDOT, 27 June, 1994)
2) Administrative Action/Finding of No
Significant Impact (NCDOT, 23 November, 1994)
3) Protected Species and Water Resources Update
(NCDOT, 22 November, 1996)
4) Protected Species Update (NCDOT, 3November,
1997)
5) Water Resources and Protected Species Review
(NCDOT, 22 July, 1998)
The proposed project involves the widening of NC 49 from
Carowinds Blvd. to Charlotte Western Outer Loop in Mecklenburg
County. This report provides information to assist in the
preparation of a construction consultation for the referenced
project. It addresses water resources and federally-protected
species involved with the.construction of the proposed..project
and serves to update the previously submitted documents.
Water Resources
The project study area is located in the.'Catawba River
Basin. Reference documents 1 and 5 incorrectly identify
jurisdictional streams located in the project study area. Based
on a current review of plan sheets and a site visit conducted by
NCDOT Biologist Dale Suiter on 13 October 1998, three
jurisdictional streams are located in the project study area:
Steele Creek, an unnamed tributary to Steele Creek, and an
unnamed tributary to Coffey Creek. Streams have been assigned a
best usage classification by the North Carolina Division of Water
Quality (DWQ). The best usage classification of an unnamed
tributary is the same as the water body to which it is a

1
C

2
tributary. The best usage classification and corresponding DWQ
index number of the above-mentioned streams are outlined in Table
1.
Table l.' Water resources located in project area.
Water Body Best Usage DWQ Index
Classification Number
Steele Creek C 11-137-10
Unnamed tributary to Steele Creek C 11-137-10
Unnamed tributary to Coffey Creek C 11-137-4
Class C waters are suitable for aquatic life propagation and
survival, fishing, wildlife, secondary recreation, and
agriculture. Neither High Quality Waters (HQW), Water Supplies
(WS-I or WS-II),nor Outstanding Resource Waters (ORW) occur
within 1.6 km (1.0 mi) of the project area.
Federally-protected Species
Some populations of fauna and flora have been in, or are in.
the process of decline either due to natural forces or their
inabilitv to coexist with human activities. Federal law (under
the provisions of the Endangered Species Act [ESA] of 1973, as
amended) requires that any action, likely to adversely affect a
species classified as federally-protected, be subject to review
by the Fish-and Wildlife Service (FWS). Other species may
receive additional protection under separate state laws.
Plants and animals with federal classifications of
Endangered, Threatened, Proposed Endangered and Proposed
Threatened are protected under provisions of Section 7 and
Section 9 of the ESA. As of 15 January, 1999, four federally
protected species are listed for Mecklenburg County (Table 2).
Table 2. Federally-protected species for Mecklenburg County.
Common Name Scientific Name Status
Carolina heelsplitter Lasmigona decorata Endangered
smooth coneflower Echinacea laevigata Endangered*
Schweinitz's sunflower. Helianthus schweinitzii Endngered
Michaux's sumac Rhus michauxii Endangered*
Notes:
"Endangered" is a taxon of plant or animal that is in danger of
extinction throughout all or a significant portion of its range.
indicates a historic record-the species was last observed in
Mecklenburg County more than 50 years ago.
Biological Conclusions of No Effect for the above mentioned
species were resolved in References 1 and 4. The Biological
Conclusions for Schweinitz's sunflower, smooth coneflower, and
Michaux's sumac were rendered based on field surveys of suitable
habitat which revealed no individuals of these species in the
project study area. The Biological Conclusion for Carolina
heelsplitter was rendered based on the absence of suitable mussel
N
J
habitat and lack of viable mussel populations in the project study
area. All of the Biological Conclusions remain valid. This
project will not affect any federally protected species.
I
c: File

4
DEM ID:
CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #)
SUBDIVISION NAME;
NC ZIP CODE:
SUBDIVISION NAME
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET).
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL
MANAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME: NC Dept. of Transportation; Project Development and
Environmental Analysis Branch
2. MAILING ADDRESS:
Post Office Box 25201
CITY: Raleigh STATE:
PROJECT LOCATION ADDRESS, INCLUDING
FROM MAILING ADDRESS ABOVE):
3. TELEPHONE NUMBER (HOME):
(WORK): [phone]
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,
ADDRESS, PHONE NUMBER: William D. Gilmore , P.E., Manager
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS
TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Mecklenburg NEAREST TOWN OR CITY: Charlotte
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): NC 49 (S.
Tryon St.) from Carrowinds Blvd. (SR 1441) to Charlotte Western Outer
Loop.
6. IMPACTED OR NEAREST STREAM/RIVER: Steele Ck., UT to Steele Ck.
and UT to Coffey Ck. RIVER BASIN: Catawba
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW),
WATER SUPPLY (WS-I OR WS-II)? YES [ ] NO [X] IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)?YES[ ] NO[X]
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
TIP No. U-2512BA
NWP 14 and 26
25201
(IF DIFFERENT
a
A
2
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [X] NO [ ] IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION): U-2512BB (USACE Action ID No. 199830772 and DWQ No.
980455)
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [X] NO [ ] IF YES, DESCRIBE ANTICIPATED WORK: Later
Sections of U-2512-See Cover Letter
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND:
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT
SITE:
0.0 acre
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: EXCAVATION:
FLOODING:
DRAINAGE:
OTHER:
TOTAL ACRES TO BE IMPACTED:' 0.0 ac
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER. RELOCATION):
LENGTH BEFORE:
See Cover Letter FT
AFTER: FT
WIDTH BEFORE (based on normal high water contours,):
WIDTH AFTER: FT
AVERAGE DEPTH BEFORE:
FT
FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: X PLACEMENT OF PIPE IN CHANNEL: X
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND?
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY): Widen NC 49 (see cover letter) using road construction
equipment.

•
3
13. PURPOSE OF PROPOSED WORK: Widen NC 49 to meet expected traffic
demands.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS): No Wetland Impacts at site.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF 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.
DATE CONTACTED: August 30, 1994 (ATTACH RESPONSES FROM THESE AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED: August 25, 1994
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE
OF PUBLIC (STATE) LAND?
YES [X] NO [] (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN
ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH
CAROLINA ENVIRONMENTAL POLICY ACT?
YES [X] NO [ ]
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [X]` NO [ ]
IF ANSWER TO 17b IS YESf THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO 'DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003," TELEPHONE [phone].
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL
INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21,
26, 29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE
0
0
4
PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS
50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
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. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Residential and
commercial.
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION"OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN TSE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
OWNER'S/AGENT'S SIGNATURE
3 ?
DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
r,
41
5
AGENCY ADDRESSES
ENDANGERED SPECIES:
U.S. FISH AND WILDLIFE SERVICE NATIONAL MARINE FISHERIES SERVICE U.S. FISH AND WILDLIFE SERVICE
RALEIGH FIELD OFFICE HABITAT CONSERVATION DIVISION ASHEVILLE FIELD OFFICE
P.O. BOX 33726 PIVERS ISLAND 160 ZILLICOA STREET
RALEIGH, NC 27,636-3726 BEAUFORT, NC 28516 ASHEVILLE, NC 28801
TELEPHONE [phone] TELEPHONE [phone] TELEPHONE[phone]
HISTORIC RESOURCES:
STATE HISTORIC PRESERVATION OFFICE
N.C. DIVISION OF ARCHIVES AND HISTORY
109 EAST JONES STREET
RALEIGH, NC 27601
TELEPHONE [phone]
STATE REGULATORY AGENCIES:
MR. JOHN DORNEY
DIVISION OF ENVIRONMENTAL MANAGEMENT
NORTH CAROLINA DEEPARTMENT OF
ENVIRONMENT, HEALTH_ AND NATURAL
RESOURCES
4401 REEDY CREEK RbAD
RALEIGH, NORTH CAROLINA 27607
TELEPHONE [phone]
CORPS OF ENGINEERS FIELD OFFICES:
RALEIGH REGULATORY FIELD OFFICE
US ARMY CORPS OF ENGINEERS
6508 FALLS OF THE N'EUSE ROAD,
SUITE 120
RALEIGH, NC 27615
TELEPHONE (919),876-8441
WASHINGTON REGULATORY FIELD OFFICE
US ARMY CORPS OF ENGINEERS
POST OFFICE BOX 1000
WASHINGTON, NC 27889-10.00
TELEPHONE [phone]
MR. STEVE BENTON
DIVISION OF COASTAL MANAGEMENT
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT, HEALTH, AND NATURAL
RESOURCES
POST OFFICE BOX 27687
RALEIGH, NORTH CAROLINA 27611-7687
TELEPHONE [phone]
FAX [phone]
ASHEVILLE REGULATORY FIELD OFFICE
US ARMY CORPS OF ENGINEERS
151 PATTON AVENUE, ROOM 143
ASHEVILLE, NC 28801-5006
TELEPHONE [phone]
WILMINGTON REGULATORY FIELD OFFICE
US ARMY CORPS OF ENGINEERS
POST OFFICE BOX 1890
WILMINGTON, NC 28402-1890
TELEPHONE [phone]

GC EI V4 r
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AUG 2 6 11994
North Carolina Department of Cultural Resource r
Di SIC'1 OF
HJGItIAJ ?AYS `
James B. Hunt, Jr., Governor Division of tries and Histo;?p
Betty Ray McCain. Se=tary William s. /.iRC;;R{
August 25, 1994
MEMORANDUM
TO: H. Franklin Vick, P.E., Manager
Planning and Environmental Branch
Division of Highways
Department of Transportation
FROM: David Brook
-*G>! }C..%t ?`??Gv
Deputy State Historic Preservation Offic-•:
SUBJECT: Widen NC 49 from Buster Boyd Bridge to Tyvola Road
Extension, Mecklenburg County, U-2512, 8.1673'5011,
STP-49(2), 95-E-4220-0108
We have received information concerning the above project from the State
Clearinghouse.
We believe that the Environmental Assessment adequately addresses our
comments regarding historic architectural and archaeological. resources.
The above comments are made pursuant to Section 106 -of the. National Historic
Preservation Act of 1966 and the Advisory Council on H.sioric Preservation's
Regulations for Compliance with Section 106, codified at 36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions
concerning the above comment, please contact Renee Gledhill-Earley,
environmental review coordinator, at 919/733-4763.
DB:slw
cc: State Clearinghouse
N. Graf
B. Church
T. Padgett
Charlotte/Mecklenburg HLC
I C9 Fast Joni Str=t • Raki{h. Ncrth G--ni= 27601 :30 7
0
•

1 47

FISH A - D WILDLIFI; SERVI('E
Asheviile Fieid 011-wo
3.30 Ridverteid (-mart
Asheville. North Carolina 28:106
August 30, 1994
Mr. H. Franklin Vick, P.E., Manager
Planning and Environmental Branch
Division of Highways
North Carolina Department of Transportation
P.O. Box 25201
Raieigh, North Carolina 27611-520:
Dear Mr. Vick:
O
SEP 0 2 1994
DIVI?(C?? OF =
Subs-c': Federal environmental assessment = ??? 49 widening, from
Buster Boyd Br,,dce to Tyvo-ta Road ?_>:Lension, Mecklenburg
County. North uaroiina T.I.P. No. U-2512
?n ',our letter of July 29. 1994 (received on august 1, 1994), youu
informed us of the subject project. The following comments are nroviae_
in accordance with the Fisn and Wildlife Coordination Act, as amended (16
U.S.C. 661-667e). and.Section 7 of the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531-1543) (Act).
According to the enviro:nmentai assessment, this project will involve the
widening of existing. NC 49 from the Buster Boyd Bridge to Tyvola Road
Extension, a distance of,aRproximately ten miles. The section of road
from the Buster Boyd Bridge to SR 1441 will consist of a four-lane
shoulder section with a 46 foot median. The section from SR 1441
(Carowinds Boulevard) to Sugar Creek will be a four-lane divided curb and
gutter section with a 30 foot raised median and the section from Sugar
n
r._ _ t T..,,..1 Pn? C..+..:.,c' :11 cc-is i s * 0f a four di i
d ..ao;. ... ? - l ane de d
to I _ -_
shoulder section with a 30 :foot raised median. There will be no control
of access.
The proposed project will impact approximately 10.8 acres of upland
hardwood forest, 1.2 acres of pine forest, 1.8 acres of mixed
pine-hardwood forest and 3.8 acres of mesic hardwood forest. The new
road will include 15 crossings over Steele Creek, Coffey Creek, Walker
Branch, Porter Branch. and Sugar Creek and associated tributaries. This
will require culvert extensions and a bridge replacement over Sugar
Creek. One small (approximately 0.25 acre) palustrine emergent wetland
will be impacted. The purpose of this project is to improve safety and
level of service in this rapidly developing area of Charlotte. The U.S.
Fish and Wildlife Service (Service) is familiar with the fish and
wildlife resources within the project area.
Ln.1ted States Department ()C the Interior
a
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The Service believes that the preferred alternative will not result in'
significant direct environmental impacts. However, we agree with the
foilowing statement in the assessment: "Roadway improvements may
stimulate indirect effects (secondary impacts) which are not directly
related to the construction of the facility." The proposed project will
likely contribute to increased development which will result in
additional wildlife habitat losses both in quantity and quality
(fragmentation of existing habitat). The assessment noted that the
County has plans to preserve streamside corridors (greenways) and to
acquire additional land for the McDowell County Park as highlighted;
these activities may partially mitigate for these wildlife habitat
losses. However, we encourage the North Carolina Department of
Transportation to assist the Mecklenburg County Park and Recreation
Department with the preservation of habitat identified in the Mecklenburg
County Greenway Master Plan. Possibly, the use of Intermodal Surface
Transportation Efficiency Act of 1991 funds could be considered to
preserve some of these lands as transportation enhancements or scenic
easements.
The Service encourages the implementation of the following measures to
minimize impacts to aquatic resources in the creeks within the project
area during road construction: (1) riparian vegetation should be
maintained wherever- possible (i.e., reduce canopy removal in or near
cree%s); (2) if any riparian areas are disturbed they should be
reveoetated with native species as soon as possible after construction in
order to minimize runoff and to lessen the impacts associated with "bare
banks" (decrease in nutrient input, temperature changes, flow changes.
sediment filtration, etc.); (3) stringent erosion control measures snould
be implemented during all construction activities so as to minimize
downstream effects; (4) extension of culverts should allow for continuous
flow in tributaries crossed by the alignment; and (5) construction should
be accomplished so that wet concrete does not contact water entering or
flowing in the stream. This will reduce likelihood of fish kills
associated with culvert construction.
The Service concurs with the "no effect" determination made regarding
this project and potential impacts to the federally listed endangered
Schweinitz's sunflower (Helianthus schweinitzii) and the Carolina
heelsplitter (Lasmigona decorata). In view of this, we believe that
requirements of Section 7(c) of the Act are fulfilled. However,
obligations under Section 7 of the Act must be reconsidered if: (1) new
information reveals impacts of this identified action that may affect
endangered or threatened species or critical habitat in a manner not
previously considered, (2) this action is subsequently modified in a
manner not considered in this review, or (3) a new species is listed or
critical habitat determined that may be affected by the action.
a
We appreciate the opportunity to provide these comments. If you have any
questions regarding our comments, please contact Ms. Janice Nicholls of

our staff at 04/565 -.i G=, . an: -_-ui . _ _-.._ncien ce
concernina --h ;s projec please ef=ren:.= our
Sincere
Brian P. Cole
Field Suz)ervisor
cc:
Mr. Bob Johnson, U. S. Army Corps of Engineers. ?ec-.:ia: = eId Office.
Room 75, Grove Arcade Building. 37 Batter_ Pa-K
Asheville. NC 28801
r
TAIR

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARL-\ND B. GARRETT JR.
GOVERNOR P.O. BOX 25201. RALEIGH. N.C 27611-5201 .SECRETARY
03 November 1997
MEMORANDUM TO: Jay Bissett, P.E., Unit Head
Project Planning Unit
ATTENTION: Leigh Lane
Project Planning Unit
FROM: Dale W. Suiter, Environmental Biologist
Natural Resources, Permits and Mitigation Unit
SUBJECT: Protected Species Update for the FHWA Right of Way
Consultations of Bridge # 23 over the Catawba River (Tl
No. B- 3004) and widening of NC 49 from Carowino&
Boulevard to Tyvola Road (U-25126), Mecklenburg..Coum%.
REFERENCES: 1. Categorical Exclusion for B-3004 dated April 1995.
2. Environmental Assessment for U-2512 dated June 1994.
The referenced CE (Reference 1) and EA (Reference 2) for'the subject projects
did not address smooth coneflower (Echinacea laevigata) and Michaux's sumac (Phus
michauxii) since those species were not listed for Mecklenburg County at that time.
Complete species descriptions and biological conclusions follow.
Rhus michauxii (Michaux's Sumac)
Family: Anacardiaceae (Cashew)
Federal Status: Endangered, 28 May 1989
Distribution: Michaux's sumac is endemic to the inner Coastal Plain and Piedmont
physiographic provinces of Virginia, North Carolina, South Carolina and Georgia. Most
populations occur in North Carolina.
Habitat: This species prefers sandy, rocky, open woods and roadsides. Its survival is
dependent on disturbance (Mowing, clearing, fire) to maintain an open habitat. It is
often found with other members of its genus as well as with poison ivy (Toxicodendron
radicans). There is no longer believed to be an association between this species and
specific soil types.

Z
Characteristics: Michaux's sumac is a dicecious shrub growing to a height of 0.2 - 1.0
m (0.06 - 0.31 ft). Plants flower in June, producing a terminal, erect, dense cluster of 4-
5 parted greenish-yellow to white flowers. Fruits, produced from August through
September, are red, densely short-pubescent drupes, 5 - 6 mm (0.25 in) across. Most
populations, however, are single sexed and reproduce only by rhizomes. The entire
plant is densely pubescent. The deciduous leaves are composed of 9 - 13 sessile,
oblong leaflets on a narrowly winged or wingless rachis. The acute to acuminate leaflets
have rounded bases and are 4 - 9 cm (1.5 - 3.5 in) long and 2 - 5 cm (1.0 - 2.0 in) wide.
They are simply or doubly serrate.
Threats: This species is threatened by loss of habitat. Since its discovery, 50 percent
of Michaux's sumac habitat has been lost due to its conversion to silvicultural and
agricultural purposes and development. Fire suppression and herbicide drift have also
negatively impacted this species.
Biological Conclusion: No Effect
Habitat for Michaux's sumac in the form of roadside shoulders and disturbed
areas exist throughout the project study area. Surveys for Micnaux s sumac were
conducted on 16-17 September 1997. Survey methodology included driving the length
of the project in order to identify areas of suitable habitat. NCDOT biologists Dale Suiter
and Marc Recktenwald conducted a plant by plant survey in the areas considerea
suitable habitat. No individuals were found. As of 23 September 1997, the North
Carolina Natural Heritage Program database of rare species and unique habitats
showed no populations. of. this species in the project study area. This project will not
affect Michaux's sumac.
Echinacea laevigata (smooth coneflower)
Plant Family: Asteraceae (Composite)
Federal Status: Endangered
Distribution: The smooth coneflower was once found in all of the Atlantic Coast states
from Pennsylvania to Georgia and on the Gulf Coast in Alabama and inland in Arkansas.
Populations are now limited to Virginia, North Carolina, South Carolina, and Georgia.
Habitat: The smooth coneflower is found in meadows, open woodlands, glades, cedar
barrens, roadsides, power line rights-of-way, clearcuts and dry limestone bluffs. Plants
usually grow in soil derived from calcareous parent material. North Carolina populations
are found in soils derived from Diabase, a circumneutral igneous rock. Optimal sites are
in areas with abundant sunlight and little competition from other herbaceous plants.
Natural fires and large herbivores are important in the maintenance of the smooth
coneflowers habitat.
Characteristics: This perennial herb grows from simple or branched rhizomes. It grows
up to 1.5 meters tall, has a smooth stem, and few leaves. The basal leaves are the
largest and are smooth to slightly rough, tapered to the base, elliptical to broadly
lanceolate, and measure 20 cm across and 7.5 cm in width and are distinguished by
long petioles. Mid-stem leaves have short or no petioles and are smaller than the basal
leaves. Flowers are light pink to purplish in color, solitary, and 2-2.5 cm across. The
t
3
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petal-like rays usually droop. Fruits are gray-brown, oblong-prismatic, four- angled. and
0.5-4 mm long; seeds are 0.5 cm long.
Biological Conclusion:
No Effect
Habitat for smooth coneflower in the form of disturbed roadside shoulders and
other disturbed areas exist throughout the project study area. Surveys for smooth
coneflower were conducted on 16-17 September 1997. NCDOT biologists Dale Suiter
and Marc Recktenwald drove the length of the project in order to identify areas of
suitable habitat. A plant by plant survey was conducted in the areas considered suitable
habitat. No individuals were found. As of 23 September 1997, the North Carolina
Natural Heritage Program database of rare species and unique habitats showed no
populations of this species in the project study area. This project will not affect smooth
coneflower.
Please contact me at [phone] ext. 303 if you have any questions
regarding this memorandum
cc: V. Charles Bruton, Ph.D.. Natural Resources, Permits and Mitigation Unit Head
Hal Bain, Natural Resources Supervisor
File B-3004
File U-25128
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PROPERTY LIST
l1 AMERICAN STORE & LOCK •5
8539 MONROE BLVD.
CHARLOTTE. NC 28212
2) HOWARD ROSENBURG AND WIFE. MILDRED M.
3101 VALENTINE LANE
MATTHEWS. NC 28105
3) THE SPRINGS AT STEELE CREEK
P.O. BOX 37166
CHARLOTTE. N.C. 28287-7166
41 EVELYN ANNE ERVIN AND ALBERT D. ERVIN
8513 CASTLE PINE COURT P.O. BOX 736
CHARLOTTE. N.C.28226 MYRTLE BEACH. S.C. 29578
5) EARL T. JAMES, SR.
14131 PINE HARBOR ROAD
CHARLOTTE. N.C.28278
61 KASKO ENTERPRISES, INC.
P.O. BOX 411205
CHARLOTTE, N.C. 28241-1205
7) DEXTER AND BIRDIE YAGER FAMILY LTD PARTNERSHIP
P.O. BOX 412080
12201 STEELE CREEK ROAD
CHARLOTTE. N.C. 28241-2080 ;
8) AMERICAN ASSET CORPORATION
5950 FAIRVIEW ROAD
SUITE 200
CHARLOTTE. N.C. 28210
91 PUBLIC STORAGE, INC.
P.O. BOX 25050
GLENDALE, CA 91201-2897
IO) HACOBA CORPORATION OF AMERICA
P.O. BOX 240563
CHARLOTTE, NE 28224
t?

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JUL' 6 1999
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Action ID No. 199930586
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
. Post Office Box 1890
Wilmington, North Carolina 28402-1890
July 1, 1999
PUBLIC NOTICE

The North Carolina Department of Transportation, ATTN: Mr. William D. Gilmore, Manager,
Project Development and Environmental Analysis Branch, Post Office Box 25201, Raleigh, North.
Carolina 27611-5201 has applied for a Department of the Army (DA) permit TO DISCHARGE
DREDGED OR FILL MATERIAL INTO APPROXIMATELY 1155 LINEAR FEET OF
STREAM CHANNEL IN THE WATERS OF STEELE CREEK, AN UNNAMED
TRIBUTARY TO STEELE CREEK AND AN UNNAMED TRIBUTARY TO COFFEY
CREEK TO FACILITATE. THE WIDENING OF A 2.5-MILE LONG SECTION OF NC
HIGHWAY 49 BETWEEN CAROWINDS BOULEVARD (SR 1441) AND INTERSTATE
HIGHWAY 485 (WEST CHARLOTTE OUTER LOOP) AT CHARLOTTE,
MECKLENBURG COUNTY, NORTH CAROLINA (TIP NO.U-2512BA).
The following description of the work is taken from data provided by .the applicant. Plans
submitted with the application show the proposed widening of the existing two-lane highway to a
four-lane shoulder, section with a 30-foot raised median. The proposed right-of-way is
approximately 150 to 170 feet wide. A 'total of 1155 linear feet of jurisdictional surface waters (0.15
acres) would be impacted by pipe and culvert extensions as well as channel relocation. The existing
two-cell, 13' x 12' concrete box culvert at Steele Creek (Site I) would be extended a total of 65 linear
feet. An additional 65 feet -of channel would be realigned at the inlet of the culvert. The existing
double concrete pipe at an unnamed tributary to Coffey Creek (Site III) would be extended 108 linear
feet. Approximately 40 feet of channel realignment would be required at the pipe outlet. At Site II
on an unnamed tributary to Steele Creek, 390 linear feet of an existing concrete-lined channel would
be piped on the north side of the ri oadway. The applicant has determined that this channel segment
is not biologically functional. To the south of the existing highway, 551 linear feet of functional
channel would be impacted. Approximately 308 feet would be relocated using natural channel
design principles and 52 feet would be restored by the removal of unnecessary drain pipe resulting
in the net loss of 191 linear feet of functional stream channel. All channels have perennial flow.
There are no wetland impacts associated with this project. The applicant is proposing to mitigate
for stream losses. at a 2:1 ratio by contributing to the North Carolina Wetland Restoration Program
(WRP). Accordingly, if approved the mitigation would have to be carried out in the Lower Catawba
River Basin hydrologic unit. An Environmental Assessment (EA) for the proposed work was
approved by the Federal Highway Administrationon June 27, 1994. The Finding of No Significant
Impact (FONSI) was signed on November 23, 1994. The purpose of the proposed work is to provide
a safer road facility that would accommodate current and future traffic volumes. Plans showing the
proposed work are included with this public notice.
•
1 ? .
2
The State of North Carolina will review this public notice to determine the need for the
applicant to obtain any required State authorization. No Department of the Army (DA) permit will
be 'issued until the coordinated State viewpoint on the proposal has been received and reviewed by
this agency, nor will a DA permit be issued until the North Carolina Department of Environment and
Natural Resources.(NCDENR) has determined the applicability of a Water Quality Certificate as
required by PL 92-500.
This application is being considered pursuant to Section 404 of the Clean Water Act (33
U.S.C. 1344). Any person may request, in writing within the comment period specified in this
notice, that a public hearing be held to consider this application. Requests for public hearing shall
state, with particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the National Register of
Historic Places for the presence or absence of registered properties, or properties listed ag being
eligible for inclusion therein, and this worksite is not registered property or property listed as being
eligible for inclusion in the Register. Consultation of the National Register constitutes the extent
of cultural resource investigations by the District Engineer, and he is otherwise unaware of the
presence of such resources. Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that the proposed activity
will affect species, or their critical habitat, designated as endangered or threatened pursuant to the
Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of the probable impacts,
including cumulative impacts, of the proposed activity and its intended use on the public interest.
Evaluation of the probable impacts, which the proposed activity may have on the public interest,
requires a careful weighing of all those factors which become relevant in each particular case. The
benefits, which reasonably may be expected to accrue from the proposal, must be balanced against
its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the
conditions under which it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern for both protection and
utilization of important resources"' All factors, which may be relevant to the proposal, must be
considered including the, cumulative effects thereof. Among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood
hazards and flood plain values (in accordance with Executive Order 11988), land use, navigation,
shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs,
safety, food and fiber production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the placement of dredged or
fill materials in waters of the United States, a permit will be denied if the discharge that would be
authorized by such permit would not comply with the Environmental Protection Agency's 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a
permit will be granted unless the District Engineer determines that it would be contrary to the public
interest.

r
4

3
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials; Indian Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the Corps of
Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To
make this decision, comments are used to assess impacts on endangered species, historic properties,
water quality, general environmental effects and the other public interest factors listed above.
Comments are used in the preparation of an Environmental Assessment (EA) and/or an
Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA).
Comments are also used to determine the need for a public hearing and to determine the overall
public interest, of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA) permit will not be
made until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State
certification required by Section 401 of the Clean Water Act. The NCDWQ considers whether or
`not the proposed activity will comply with Sections 301, 302, 306, and 307 of the Clean Water Act.
The application and this public notice for the Department of the Army (DA) permit serves as
application to the NCDEM for certification.
Additional information regarding the Clean Water Act certification may be reviewed at the
offices of the Environmental Operations Section, North Carolina Division of Water Quality
(NCDWQ), 4401 Reedy Creek Road, Raleigh, North Carolina 27607. Copies of such materials will
be furnished to any person requesting copies upon payment of reproduction costs.
All persons desiring to make comments regarding the application for Clean Water Act
certification should do so in writing delivered to the North Carolina Division of Water Quality
(NCDWQ), 4401 Reedy Creek Road, Raleigh, North Carolina 27607, on or before
July 19, 1999, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will be received in this
office, Attention: Mr. Steven Lund, until 4:15 p.m., July 30, 1999, or telephone [phone].
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201
GOVERNOR
July 14, 1999
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 143
Asheville, North Carolina 28801-5006
Attention: Mr. Steve Lund
NCDOT Proiect Coordinaio!
DAVID MCCOY
SECRETARY
Subject: Widen NC 49 (South Tryon St.) from Carowinds Blvd. (SR 1441) t,
Charlotte Western Outer Loop in Mecklenburg County. TIP iv:.'
U-2512BA: State Project No. 8.167350 1, Federal Aid Proiect STP-49(2);
USACE Action ID No. 19993058
Dear Sir:
The North Carolina Department of Transportation (NCDOT) proposes to widen
NC 49 from Carowinds Blvd. to Charlotte Western Outer Loop in Mecklenburg County,
a total distance of 4.0 km (2.5 mi). The purpose of this memorandum is to provide
information pertinent to the north (downstream) side of Site II, a perennial tributary to
Steele Creek. At this site, the stream is currently located in a concrete and riprap-lined
channel for 390 feet. Here, the stream has less than minimal function as a natural stream.
On the south side of NC 49 .immediately off-site of the project construction limits at
Station 25+14, the stream is located in a 48 inch pipe. This pipe extends for more than
500 feet off the project underneath a large industrial business site.
The original design proposed to relocate the existing concrete and riprap-lined
channel into an open, riprap-liried base ditch. According to the NCDOT Right-of-Way
Branch, the property owner was unwilling to settle for appraised value of the parcel and
stated that NCDOT would have to condemn the property. NCDOT Right-of-Way
Branch has indicated that NCDOT has a poor record at condemnation trials in
Mecklenburg County where the court often awards the property owners settlements
between 25-200% above appraised value. Subsequently, NCDOT Design Services Unit
proposed an alternate design change that would reduce the amount of easement, avoid
going to condemnation, and lower the project cost. Currently, NCDOT proposes to pipe
?r
the stream along the north side of NC 49 at Site II. The property owner settled with
NCDOT Right-of-Way'in February 1999.
The NCDOT feels that the stream is of low quality due to the pipes upstream of
the project limits and its -current situation in a concrete and riprap-lined channel. NCDOT
also contends that there is little benefit of obtaining additional land to restore the stream
channel through condemnation in an area that is currently heavily developed. Currently,
NCDOT is proposing to utilize the Wetland Restoration Program to provide mitigation
for stream loss. This would be at $125 per foot of impact at a 2:1 ratio for stream
mitigation. If you have any questions, please call Chris Murray at [phone] ext.
304.
Sincerely, ) !
I/, C
Willaim Gilmore, P.E., Branch Manager
Project Development and Environmental
Analysis Branch
a
From: "Lund, Steven W SAW" <[e-mail]>
To: MIS.P1anEnv2(CMurray)
Date: Fri, Jun 25, 1999 4:18 pm
Subject: U-2512BA, Widening NC49
I have prepared a public notice for this project, but please see the
attached memo for additional information/clarification that is needed.
Thanks.
<<nc49memo.doc>>

CESAW-RG-A
June 25, 1999
MEMORANDUM FOR CHRIS MURRAY, NCDOT, Natural Systems Unit
SUBJECT: U-2512BA, Widening NC 49, Carowinds Blvd. To I-485, Charlotte
1. I have prepared a public notice for this project to be published on July 1, 1999. There
are a number of items, however, that need to be addressed before we reach a final
decision.
2. Impact figures; I have added impacts from the channel realig?rnents above and below ?y
the culvert extensions. Also, at Site II the numbers don't add up for me. The total
channel impacts on the south side of the road are 551 feet. 308 feet will be relocated and ?.-
---z52 of pipe will be removed for a total of 360 feet. That results in a net loss of 191 feet
rather than 177 feet.
3. Given that we are processing this application as an IP, the DOT should plan to
mitigate for cumulative channel losses at all three sites. This would be a total of 364
linear feet (191+65+108). '
or purposes of impact minimization and mitigation, the DOT should seriously
'Oeider relocation of the 390 feet of unnamed tributary to Steele Creek. This is the
concrete-lined section of channel north of the road at Site II. The functionality of this
channel section could be restored if an open, natural channel were reconstructed as
opposed to piping. I realize that this would require additional right-of-way on the Earl T.
James, Sr. property. However, you should compare this to the $90, 000 cost of the WRP.
In my view, adding natural restoration of 390 feet of channel onsite would eliminate the
need for any offsite mitigation. It also makes ecological sense. If this mitigation is not
adopted, DOT must provide a memorandum addressing the reasons why it is not
practicable.
5. If you have any comments or questions, please contact me at telephone [phone].
Steven W. Lund a b
Regulatory Project Manager
Asheville Regulatory Field Office

I?
t,q, (17?A,)
ss1- _? ?-y Z :)- _?_
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From: Chris Murray
To: "[e-mail]"@DOT.smtpmime,...
Date: Thu, Jul 1, 1999 3:11 pm
Subject: U-2512BA, Widening NC49 -Reply
Steve,
Thanks for the information. I am currently pursuing your comments with
Marshall Clawson at Hydro and people from right-of-way. However, I can reply
on comment No. 2.
1. The amount of relocated channel is 94 m (308 m). This includes the area
at 23+60 to 24+40 and 24+80 to 24+94.
2. The stream located in a pipe under SR 1348 will be removed, allowing 16 m
,(52 ft) of stream to be "relocated" in its natural setting at its existing
location. This is at stations 24+98 to 25+14.
3. My additional calculation comes from the area of stream located between
where the relocated stream ends at 24+94 and the area where the pipe under SR
1348 begins at 24+9.8. This is a total of 4 m (13 ft). I spoke with Phillip
Todd and Gordon Cashin about this area before I wrote up the permit
application. It is an area that kind of falls between the cracks when
discussing on-site mitigation. But, it is included as part of the on site
stream relocation (see sheets 4 of 7 and 5 of 7. It is difficult to see, but
I have outlined it on Sheet 4 of 7 which I am faxing you this afternoon.
5. This is where I am getting my totals for mitigation: It comes from adding
80 m+14 m+4 m.+16 m=114 m (374 ft). This is then subtracted from 551 ft for a
total net loss of 171 ft. I know that this is confusing because of the
complexity of the permit drawing.
I will be talking to Hydro and ROW this afternoon and early next week. I
appreciate all of your assistance with this project. If you need additional
clarification about this issue, please email or contact me at [phone] x
304.
U-2512 BA, NC 49 Widening, Meckle#burg Co
Subject: U-2512 BA; NC 49 Widening, Mecklenburg Co.
Date: Fri, 13 Aug 1999 11:50:58 -0400
From: "Lund, Steven W SAW" <[e-mail]>
To: [e-mail]
CC: John Hennessy <[e-mail]>
This little project just continues to cause me concern. I looked at it on
August 11, 1999 and came away with at least three conclusions:
1. It is worthwhile for DOT to relocate the sections of the tributary to
Steele Creek at Site IIB. I would like to see the new culvert under
relocated General Dr. shortened to the maximum extent practicable.
2.. The same channel at Site IIA is concrete-lined for only 50 feet
downstream of the existing culvert under NC 49. The channel bottom contains
old rip-rap for an additional 150 to 160 feet and then the remainder of the
channel is sand and cobble. The stream was flowing. It has a riffle/run
form with a narrow floodplain vegetated with willow, swamp dogwood, sedges,
juncus and cattail. I noted fish, crayfish and diving beetles. In my
judgement, piping this 'section of channel should be mitigated over its full
length(about 120 m or 393 feet).
3. Point # 2 brings us back around to the same issue we were discussing
several weeks ago. Given the rather surprising biological integrity of this
stream, I believe that more effort should be made to relocate more of it
into an open channel. If right of way cannot be secured from Earl T. James,
Sr. on the north side of„the highway, then DOT should consider carrying the
channel under the Kasko Enterprises driveway and down to the Southern
Railroad property line on the south side of the highway and then under NC
49. This would save about 90 m of stream. Kasko Enterprises would not
appear to have much to lose, just some scrubby woods and lawn.
John Hennessy and I were discussing this project just recently, so I am
sending him a copy of, this message to update him. Let me know what you come
up with.

1 of 1 8/13/99 1:00 PM
MEMORANDUM
TO: John Dorney Regional Contact: Samar Bou-ghazale
Non-Discharge Branch WQ Supervisor: Rex Gleason
Date:
SUBJECT: WETLAND STAFF REPORT AND RECO MMENDATIONS
Facility Name NC DOT NC 49 County Mecklenburg
Project Number 99 0248 County2
Recvd From DOT Region Mooresville
Received Date 3/16/99 Recvd By Region
Project Type widening NC 49
Certificates Stream
Permit Wetland Wetland Wetland Stream Class AcresFeet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.

Mitigation Wetland
MitigationType Type - Acres Feet
Cream '??- F__ 7''-66
{-
Is Wetland Rating Sheet Attached? O Y @)N Did you request more info? O Y p N
Have Project Changes/Conditions Been Discussed With Applicant? p Y O N
Is Mitigation required? pp Y O N Recommendation: pp Issue p Issue/Cond p Deny
Provided by Region: Latitude (ddmmss) 350635 Longitude (ddmmss) 805530
Comments:
DOT is p?posing the wBening of NC 49 near the intersection with SR1128 (Wes ' ghouse Blvd).
The proposed project will impart three different creeks. Two of the impacts are covered by NW 14,
and the impact on each stream will be less than 150 ft. (the first stream is Steele Creek with an
jmpact of 65 linear feet, the second stream is an unnamed tributary to Coffey Creek with an in pact
of 108 linear feet), The other stream impact is covered under NW 26 and will be a relocation of 551
feet of an unnamed tributary of Steele Creek. The proposed relocation will consist of 177 feet of
culverted stream and 374 feet of open channel. The DOT is proposong to enhance the 374 feet of
relocated stream and considers this as mitigation. They will contribute to the Wetland Restoration
Find for the remaining 177 feet. Pending review and approval by the Wetlands Group.
recommended that the 401 Certification be issued.
cc: Regional Office Page Number 1
Central Office
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Division
Action ID No. 199930586
Mr. John Dorney
Division of Water Quality
NC Department of Environment and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Dear Mr. Dorney:
July 1, 1999
3
fi .. --...
T tl liJ3 y SEC
Enclosed is the application of the North Carolina Department of Transportation for
Department of the Army authorization and a State Water Quality Certification to discharge
dredged or fill material into approximately 1155 linear feet of stream channel in the waters of
Steele Creek, an unnamed.tributary to Steele Creek, and an unnamed tributary to Coffey Creek to
facilitate the widening of a 2.5-mile long section of NC Highway 49 between Carowinds
Boulevard (SR 1441) and Interstate Highway 485 (West Charlotte Outer Loop) at Charlotte,
Mecklenburg County, North Carolina (TIP No. U-252113A). Your receipt of this letter verifies
your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our
administrative regulations.
We are considering authorizing the proposed activity pursuant to Section 404 of the Clean
Water Act, and we have determined that a water quality certification is required under the
provisions of Section 401 of the same law. A Department of the Army permit will not be granted
until the certification has been obtained or waived.
In accordance with our administrative regulations, in most cases, 60 days after receipt of a
request for certification is a reasonable time for State action. Therefore, if you have not acted on
the request, or asked for an extension of time, by August 30, 1999, the District Engineer will
deem that waiver has occurred.

2
Questions or comments may be addressed to Mr. Steven Lund, in our Asheville Regulatory
Field Office, at [phone].
Sincerely,
Robert W. Johnson
Office Manager
Asheville Regulatory Field Office
Enclosure/as
Copies Furnished (without enclosure):
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
i
i`
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
. . Post Office Box 1890
Wilmington, North Carolina 28402-1890.
Action ID No. 199930586
PUBLIC NOTICE
TRIBUTARY TO STEELS CREEK AND AN UNNAMED TRIBUT TO COFFEY
HIGHWAY 49 BETWEEN CAROWINDS BOULEVARD (SR 1441 TATS
four-lane shoulder section with a 30-foot raised median. -of-way is
approximately 150 to 170 feet wide. A total of 1155 linear feet of j ti ace waters (0.15
acres) would be impacted by pipe and culvert extensions as well as chanrelo tion. The existing
two-cell, 13' x 12' concrete box culvert at Steele Creek (Site I) would be extended a total of 65 linear
feet. An additional 65 feet of channel would be realigned at the inlet of the culvert: The existing
double concrete pipe at an unnamed tributary to Coffey Creek (Site III) would be extended 108 linear
feet. Approximately 40 feet of channel realignment would be required at the pipe outlet. At Site II
on an unnamed tributary to Steele Creek, 390 linear feet of an existing concrete-lined channel would
be piped on the north side of the roadway. The applicant has determined that this channel segment
is not biologically functional. To the south of the existing highway, 551 linear feet of functional
channel would be impacted. Approximately 308 feet would be relocated using natural channel
design principles and 52 feet would be restored by the removal of unnecessary drain pipe resulting
in the net loss of 191 linear feet of functional stream channel. All channels have perennial flow.
There are no wetland impacts associated with this project. The applicant is proposing to mitigate
for stream losses. at a 2:1 ratio by contributing to the North Carolina Wetland Restoration Program
(WRP). Accordingly, if approved the mitigation would have to be carried out in the Lower Catawba
River Basin hydrologic unit. An Environmental Assessment (EA) for the proposed work was
approved by the Federal Highway Administrationon June 27, 1994. The Finding of No Significant
Impact (FONSI) was signed on November 23,1994. The purpose- of the proposed work is to provide
a safer road facility that would accommodate current and future traffic volumes. Plans showing the
proposed work are included with this public notice.
July 1, 1999
The North Carolina Department of Transportation, ATTN: Mr. William D. Gilmore, Manager,
Project Development and Environmental Analysis Branch, Post Office Box 25201, Raleigh, North
Carolina 27611-5201 has applied for a Department of the Army (DA) permit TO DISCHARGE
DREDGED OR FILL MATERIAL INTO APPROXIMATELY 1155 LINEAR FEET OF
STREAM CHANNEL IN THE WATERS OF STEELE CREEK, AN UNNAMED
CREEK TO FACILITATE THE WIDENING OF A 2.5-MILE LON N OF NC
HIGHWAY 485 (WEST CHARLOTTE OUTER LOOP ? E,
MECKLENBURG COUNTY, NORTH CAROLINA (TIP NO.U A)? ?
The following description of the work is taken from data ed by
?lie Plans
a t.
submitted with the application show the proposed widening ofd 'stinwo- ghway to a

2
The State of North Carolina will review this public notice to determine the need for the
applicant to obtain any required State authorization. No Department of the Army (DA) permit will
be' issued until the coordinated State viewpoint on the proposal has been received and reviewed by
this 'agency, nor will a_DA permit be issued until the North Carolina Department of Environment and
Natural Resources.(NCDENR) has determined the applicability of a Water Quality Certificate as
required by PL 92-500.
This application is being considered pursuant to Section 404 of the Clean Water Act (33
U.S.C. 1344). Any person may request, in writing within the comment period specified in this
notice, that a public hearing be held to consider this application. Requests for public hearing shall
state, with particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the National Register of
Historic Places for the presence or absence of registered properties, or properties listed " being
eligible for inclusion therein, and this worksite is not registered property or property listed as being
eligible for inclusion in the Register. Consultation of the National Register constitutes the extent
of cultural resource investigations by the District Engineer, and he is otherwise unaware of the
presence of such resources. Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that the proposed activity
will affect species, or their critical habitat, designated as endangered or threatened pursuant to the
Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of the probable impacts,
including cumulative impacts, of the proposed activity and its intended use on the public interest.
Evaluation of the probable impacts, which the proposed activity may have on the public interest,
requires a careful weighing of all those factors which become relevant in each particular case. The
benefits, which reasonably may be expected to accrue from the proposal, must be balanced against
its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the
conditions under which it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern for both protection and
utilization of important resources. All factors, which may be relevant to the proposal, must be
considered including the cumulative effects thereof. Among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood
hazards and flood plain values (in accordance with Executive Order 11988), land use, navigation,
shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs,
safety, food and fiber production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the placement of dredged or
fill materials in waters of the United States, a permit will be denied if the discharge that would be
authorized by such permit would not comply with the Environmental Protection Agency's 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a
permit will be; granted unless the District Engineer determines that it would be contrary to the public
interest.

3
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials; Indian. Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the Corps of
Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To
make this decision, comments are used to assess impacts on endangered species, historic properties,
water quality, general environmental effects and the other public interest factors listed above.
Comments are used in the preparation of an Environmental Assessment (EA) and/or an
Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA).
Comments are also used to determine the need for a public hearing and to determine the overall
public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA) permit will not be
made until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State
certification required by Section 401 of the Clean Water Act. The NCDWQ considers whether or
not the proposed activity will comply with Sections 301, 302, 306, and 307 of the Clean Water Act.
The application and this public notice for the Department of the Army (DA) permit serves as
application to the NCDEM for certification.
Additional information regarding the Clean Water Act certification may be reviewed at the
offices of the Environmental Operations Section, North Carolina Division of Water Quality
(NCDWQ), 4401 Reedy Creek Road, Raleigh, North Carolina 27607. Copies of such materials will
be furnished to any person requesting copies upon payment of reproduction costs.
All persons desiring to make comments regarding the application for Clean Water Act
certification should do so in writing delivered to the North Carolina Division of Water Quality
(NCDWQ), 4401 Reedy Creek Road, Raleigh, North Carolina 27607, on or before
July 19, 1999, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will be received in this
office, Attention: Mr. Steven Lund, until 4:15 p.m., July 30, 1999, or telephone [phone].
%-156
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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
MEMORANDUM
July 9, 1999
s ? t
Mr. A. Preston Howard, P. E.
Director
Division of Water Quality
Douglas V. Huggett
Inland "404" Coordinator
SUBJECT: "404" Project Review
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199930586 dated July
1999 describing a ro osed project by NC DOT--West Charlotte Outer Loop is being
` orrculated to interested state agencies for comments on applicable Section 404 and/or Section 10
.-ermrts.
Please indicate below your agency's position or viewpoint on the proposed project and return this
-Arm by 7/30/99. If you have any questions regarding the proposed project, please contact me at
-7-33-2293. When appropriate, in-depth comments with supporting data is requested.
REPLY
„a.
This office supports the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Date
P.O. BOX 27687, RALEIGH, NC 2761 1-7687 /2728 CAPITAL BLVD., RALEIGH, NC 27604
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/1 0% POST-CONSUMER PAPER

.
NC®ENR
JAMES B. HUNTJFE.
GOVERNOR
MEMORANDUM
WAYNE MCDEVITT
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
July 9, 1999
SECRETARY
. TO: Mr. A. Preston Howard, P. E.
Director
Division of Water Quality
DONNA D. MOFFITT :- --:-
DIRECTOR FROM: Douglas V. Huggett
- Inland "404" Coordinator
SUBJECT: "404" Project Review
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199930586 dated July
_? ;,?; 1999 describing a proposed project by NC DOT--West Charlotte Outer Loop is being
-irculated to interested state agencies for comments on applicable Section 404 and/or Section
_ -= ?germits.
= Please indicate below your agency's position or viewpoint on the proposed project and return this
=form by 7/30/99. If you have any questions regarding the proposed project, please contact me at
-733-2293. When appropriate, in-depth comments with supporting data is requested.
- `"
a ?p:1
t
..: Signed _
This office supports the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Date,
P.O. BOX 27687, RALEIGH, NC 27611-768712728 CAPITAL BLVD., RALEIGH, NC 27604
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER
'#?A
• t
c
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199930586
PUBLIC NOTICE
July 1, 1999
The North Carolina Department of Transportation, ATTN: Mr. William D. Gilmore, Manager,
Project Development and Environmental Analysis Branch, Post Office Box 25201, Raleigh, North
Carolina 27611-5201 has applied for a Department of the Army (DA) permit TO DISCHARGE
DREDGED OR FILL MATERIAL INTO APPROXIMATELY 1155 LINEAR FEET OF
STREAM CHANNEL IN THE WATERS OF STEELE CREEK, AN UNNAMED
TRIBUTARY TO STEELE CREEK AND AN UNNAMED TRIBUTARY TO COFFEY
CREEK TO FACILITATE THE WIDENING OF A 2.5-MILE LONG SECTION OF NC
HIGHWAY 49 BETWEEN CAROWINDS BOULEVARD (SR 1441) AND INTERSTATE
HIGHWAY 485 (WEST CHARLOTTE OUTER LOOP) AT CHARLOTTE,
MECKLENBURG COUNTY, NORTH CAROLINA (TIP NO.U-2512BA).
The following description of the work is taken from data provided by.the applicant. Plans
submitted with the application show the proposed widening of the existing two-lane highway to a
four-lane shoulder section with a 30-foot raised median. The proposed right-of-way is
approximately 150 to 170 feet wide. A total of 1155 linear feet of jurisdictional surface waters (0.15
acres) would be impacted by pipe and culvert extensions as well as channel relocation. The existing
two-cell, 13' x 12' concrete box culvert at Steele Creek (Site I) would be extended a total of 65 linear
feet. An additional 65 feet of channel would be realigned at the inlet of the culvert: The existing
double concrete pipe at an unnamed tributary to Coffey Creek (Site III) would be extended 108 linear
feet. Approximately 40 feet of channel realignment would be required at the pipe outlet. At Site II
on an unnamed tributary to Steele Creek, 390 linear feet of an existing concrete-lined channel would
be piped on the north side of the roadway. The applicant has determined that this channel segment
is not biologically functional. To the south of the existing highway, 551 linear feet of functional
channel would be impacted. Approximately 308 feet would be relocated using natural channel
design principles and 52 feet would be restored by the removal of unnecessary drain pipe resulting
in the net loss of 191 linear feet of functional stream channel. All channels have perennial flow.
There are no wetland impacts associated with this project. The applicant is proposing to mitigate
for stream losses. at a 2:1 ratio by contributing to the North Carolina Wetland Restoration Program
(VW). Accordingly, if approved the mitigation would have to be carried out in the Lower Catawba
River Basin hydrologic unit. An Environmental Assessment (EA) for the proposed work was
approved by the Federal Highway Administration on June 27, 1994. The Finding of No Significant
Impact (FONSI) was signed on November 23, 1994. The purpose of the proposed work is to provide
a safer road facility that would accommodate current and future traffic volumes. Plans showing the
proposed work are included with this public notice.
.t a

2
The State of North Carolina will review this public notice to determine the need for the
applicant to obtain any required State authorization. No Department of the Army (DA) permit will
be issued until the coordinated State viewpoint on the proposal has been received and reviewed by
this agency, nor will a DA permit be issued until the North Carolina Department of Environment and
Natural Resources.(NCDENR) has determined the applicability of a Water Quality Certificate as
required by PL 92-500.
This application is being considered pursuant to Section 404 of the Clean Water Act (33
U.S.C. 1344). Any person may request, in writing within the comment period specified in this
notice, that a public hearing be held to consider this application. Requests for public hearing shall
state, with particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the National Register of
Historic Places for the presence or absence of registered properties, or properties listed as` being
eligible for inclusion therein, and this worksite is not registered property or property listed as being
eligible for inclusion in the Register. Consultation of the National Register constitutes the extent
of cultural resource investigations by the District Engineer, and he is otherwise unaware of the
presence of such resources. Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that the proposed activity
will affect species, or their critical habitat, designated as endangered or threatened pursuant to the
Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of the probable impacts,
including cumulative impacts, of the proposed activity and its intended use on the public interest.
Evaluation of the probable impacts, which the proposed activity may have on the public interest,
requires a careful weighing of all those factors which become relevant in each particular case. The
benefits, which reasonably may be expected to accrue from the proposal, must be balanced against
its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the
conditions under which it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern for both protection and
utilization of important resources. All factors, which may be relevant to the proposal, must be
considered including the cumulative effects thereof. Among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood
hazards and flood plain values (in accordance with Executive Order 11988), land use, navigation,
shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs,
safety, food and fiber production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the placement of dredged or
fill materials in waters of the United States, a permit will be denied if the discharge that would be
authorized by such permit would not comply with the Environmental Protection Agency's 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a
permit will be granted unless the District Engineer determines that it would be contrary to the public
interest.

8
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials; Indian Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the Corps of
Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To
make this decision, comments are used to assess impacts on endangered species, historic properties,
water quality, general environmental effects and the other public interest factors listed above.
Comments are used in the preparation of an Environmental Assessment (EA) and/or an
Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA).
Comments are also used to determine the need for a public hearing and to determine the overall
public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA) permit will not be
made until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State
certification required by Section 401 of the Clean Water Act. The NCDWQ considers whether or
not the proposed activity will comply with Sections 301, 302, 306, and 307 of the Clean Water Act.
The application and this public notice for the Department of the Army (DA) permit serves as
application to the NCDEM for certification.
Additional information regarding the Clean Water Act certification may be reviewed at the
offices of the Environmental Operations Section, North Carolina Division of Water Quality
(NCDWQ), 4401 Reedy Creek Road, Raleigh, North Carolina 27607. Copies of such materials will
be furnished to any person requesting copies upon payment of reproduction costs.
All persons desiring to make comments regarding the application for Clean Water Act
certification should do so in writing delivered to the North Carolina Division of Water Quality
(NCDWQ), 4401 Reedy Creek Road, Raleigh, North Carolina 27607, on or before
July 19, 1999, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will be received in this
office, Attention: Mr. Steven Lund, until 4:15 p.m., July 30, 1999, or telephone [phone].
f N %p
? "" - 456
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TO CHARLOTTE WESTERN OUTER LOOP
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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT

REPLY
This office supports the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed
Date
P.O. BOX 27687, RALEIGH, NC 2761 1 -7687 / 2728 CAPITAL BLVD., RALEIGH, NC 27604
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER
MEMORANDUM
July 9, 1999
TO: Mr. A. Preston Howard, P. E.
Director
Division of Water Quality
FROM: John R. Parker, Jr.
Inland "404" Coordinator
SUBJECT: "404" Project Review

The attached U.S. Army Corps of Engineers Public Notice for Action No. 199930586 dated July
1, 1999 describing a proposed project by NC DOT--West Charlotte Outer Loop is being
circulated to interested state agencies for comments on applicable Section 404 and/or Section 10
permits.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 7/30/99. If you have any questions regarding the proposed project, please contact meat
y 733-2293. When appropriate, in-depth comments with supporting data is requested.

NCDENR
_ws
JAMES B. HUNT.IR
GOVERNOR ,y
--? MEMORANDUM
' NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
July 9, 1999
w SECRETARY
TO: Mr. A. Preston Howard, P. E.
Director
n Division of Water Quality
'DoNN!G D'_Mo
DIRE a FROM: John R. Parker, Jr.
_ Inland "404" Coordinator
SUBJECT: "404" Project Review
. The attached U.S. Army Corps of Engineers Public Notice for Action No. 199930586 dated July
1, 1999 describing a proposed project by NC DOT--West Charlotte Outer Loop is being
circulated to interested state agencies for comments on applicable Section 404 and/or Section 10
permits.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 7/30/99. If you have any questions regarding the proposed project, please contact me at
733-2293. When appropriate, in-depth comments with supporting data is requested.
REPLY This office supports the project proposal.

Comments on this project are attached.
This office objects to the project as proposed.
Signed
No comment.
Date
P.O. BOX 27687, RALEIGH, NC 2761 1-7687 /2728 CAPITAL BLVD., RALEIGH, NC 27604
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST-CONSUMER PAPER

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
. . Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199930586
July 1, 1999
PUBLIC NOTICE
The North Carolina Department of Transportation, ATTN: Mr. William D. Gilmore, Manager,
Project Development and Environmental Analysis Branch, Post Office Box 25201, Raleigh, North
Carolina 27611-5201 has applied for a Department of the Army (DA) permit TO DISCHARGE
DREDGED OR FILL MATERIAL INTO APPROXIMATELY 1155 LINEAR FEET OF
STREAM CHANNEL IN THE WATERS OF STEELE CREEK, AN UNNAMED
TRIBUTARY TO STEELE CREEK AND AN UNNAMED TRIBUTARY TO COFFEY
CREEK TO FACILITATE THE WIDENING OF A 2.5-MILE LONG SECTION OF NC
HIGHWAY 49 BETWEEN CAROWINDS BOULEVARD (SR 1441) AND INTERSTATE
HIGHWAY 485 (WEST CHARLOTTE OUTER LOOP) AT CHARLOTTE,
MECKLENBURG COUNTY, NORTH CAROLINA (TIP NO.U-2512BA).
The following description of the work is taken from data provided by the applicant. Plans
submitted with the application show the proposed widening of the existing two-lane highway to a
four-lane shoulder section with a 30-foot raised median. The proposed right-of-way is
approximately 150 to 170 feet wide. A total of 1155 linear feet of jurisdictional surface waters (0.15
acres) would be impacted by pipe and culvert extensions as well as channel relocation. The existing
two-cell, 13' x 12' concrete box culvert at Steele Creek (Site I) would be extended a total of 65 linear
feet. An additional 65 feet of channel would be realigned at the inlet of the culvert: The existing
double concrete pipe at an unnamed tributary to Coffey Creek (Site III) would be extended 108 linear
feet. Approximately 40 feet of channel realignment would be required at the pipe outlet. At Site H
on an unnamed tributary to Steele Creek, 390 linear feet of an existing concrete-lined channel would
be piped on the north side of the roadway. The applicant has determined that this channel segment
is not biologically functional. To the south of the existing highway, 551 linear feet of functional
channel would be impacted. Approximately 308 feet would be relocated using natural channel
design principles and 52 feet would be restored by the removal of unnecessary drain pipe resulting
in the net loss of 191 linear feet of functional stream channel. All channels have perennial flow.
There are no wetland impacts associated with this project. The applicant is proposing to mitigate
for stream losses. at a 2:1 ratio by contributing to the North Carolina Wetland Restoration Program
(WRP). Accordingly, if approved the mitigation would have to be carried out in the Lower Catawba
River Basin hydrologic unit. An Environmental Assessment (EA) for the proposed work was
approved by the Federal Highway Administration on June 27, 1994. The Finding of No Significant
Impact (FONSI) was signed on November 23, 1994. The purpose of the proposed work is to provide
a safer road facility that would accommodate current and future traffic volumes. Plans showing the
proposed work are included with this public notice.
a
r'
2
The State of North Carolina will review this public notice to determine the need for the
applicant to obtain any required State authorization. No Department of the Army (DA) permit will
be issued until the coordinated State viewpoint on the proposal has been received and reviewed by
this agency, nor will a DA permit be issued until the North Carolina Department of Environment and
Natural Resources.(NCDENR) has determined the applicability of a Water Quality Certificate as
required by PL 92-500.
This application is being considered pursuant to Section 404 of the Clean Water Act (33
U.S.C. 1344). Any person may request, in writing within the comment period specified in this
notice, that a public hearing be held to consider this application. Requests for public hearing shall
state, with particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the National Register of
Historic Places for the presence or absence of registered properties, or properties listed a5 being
eligible for inclusion therein, and this worksite is not registered property or property listed as being
eligible for inclusion in the Register. Consultation of the National Register constitutes the extent
of cultural resource investigations by the District Engineer, and, he is otherwise unaware of the
presence of such resources. Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that the proposed activity
will affect species, or their critical habitat, designated as endangered or threatened pursuant to the
Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of the probable impacts,
including cumulative impacts, of the proposed activity and its intended use on the public interest.
Evaluation of the probable impacts, which the proposed activity may have on the public interest,
requires a careful weighing of all those factors which become relevant in each particular case. The
benefits, which reasonably may be expected to accrue from the proposal, must be balanced against
its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the
conditions under which it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern for both protection and
utilization of important resources. All factors, which may be relevant to the proposal, must be
considered including the cumulative effects thereof. Among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood
hazards and flood plain values (in accordance with Executive Order 11988), land use, navigation,
shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs,
safety, food and fiber production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the placement of dredged or
fill materials in waters of the United States, a permit will be denied if the discharge that would be
authorized by such permit would not comply with the Environmental Protection Agency's 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a
permit will be granted unless the District Engineer determines that it would be contrary to the public
interest.

I
3
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials; Indian Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the Corps of
Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To
make this decision, comments are used to assess impacts on endangered species, historic properties,
water quality, general environmental effects and the other public interest factors listed above.
Comments are used in the preparation of an Environmental Assessment (EA) and/or an
Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA).
Comments are also used to determine the need for a public hearing and to determine the overall
public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA) permit will not be
made until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State
certification required by Section 401 of the Clean Water Act. The NCDWQ considers whether or
not the proposed activity will comply with Sections 301, 302, 306, and 307 of the Clean Water Act.
The application and this public notice for the Department of the Army (DA) permit serves as
application to the NCDEM for certification.
Additional information regarding the Clean Water Act certification may be reviewed at the
offices of the Environmental Operations Section, North Carolina Division of Water Quality
(NCDWQ), 4401 Reedy Creek Road, Raleigh, North Carolina 27607. Copies of such materials will
be furnished to any person requesting copies upon payment of reproduction costs.
All persons desiring to make comments regarding the application for Clean Water Act
certification should do so in writing delivered to the North Carolina Division of Water Quality
(NCDWQ), 4401 Reedy Creek Road, Raleigh, North Carolina 27607, on or before
July 19, 1999, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will be received in this
office, Attention: Mr. Steven Lund, until 4:15 p.m., July 30, 1999, or telephone [phone].
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STATE OF NORTH CAROLINA P ?j c c?
DEPARTMENT OF TRANSPORT
JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 E. NORRIS TOLSON
GOVERNOR SECRETARY
May 20, 1999
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 143
Asheville, North Carolina 28801-5006
Attention: Mr. Steve Lund
NCDOT Project Coordinator
Subject: Widen NC 49 (South Tryon St.) from Carowinds Blvd. (SR 1441) t(
Charlotte Western Outer Loop in Mecklenburg County. TIP No.
2512BA; State Project No. 8.1673501; Federal Aid Project STP-49(-
Dear Sir:
The North Carolina Department of Transportation (NCDOT) proposes to wide.
NC 49 from Carowinds Blvd. to Charlotte Western Outer Loop in Mecklenburg County,
a total distance of 4.0 km (2.5 mi). A permit application (March 8, 1999) for this project
was submitted to the U. S. Army Corps of Engineers; however, in a discussion last week,
you stated that this project does not qualify for Nationwide Permits 14 and 16.
Specifically, this is due to stream impacts at Site II which exceed 500 linear ft. Personnel
from NCDOT Hydraulics Unit have stated that stream impacts cannot be further reduced
at this site.
Accordingly, application is hereby made for a Department of the Army Section
404 Individual Permit as required for activities described in the previously submitted
permit application. We anticipate an Individual Section 401 Water Quality Certification
will apply to this project and are providing seven copies of this memorandum to the
North Carolina Department of Environment and Natural Resources, Division of Water
Quality. In compliance with Section 143-215.3D(e) of the NCAA we have already
provided a check for $475.00 (Warrant #404578, dated March 10, 1999) to act as
payment for processing the Section 401 permit application.
Thank you for you assistance with this project. If you have any questions or need
any additional information about this project, please contact Mr. Chris Murray at (919)
733-7844, Extension 304.
0

LI

Sincerely,
William Gilmore, P.E., Branch Manager
Project Development and Environmental
Analysis Branch
WG/cam
c: Mr. David Franklin, COE, Wilmington
Mr. John Dorney, DWQ
Mr. David,Cox, NCWRC
Ms. Kathy Matthews, EPA
Mr. John Hefner, USFWS
Mr. N. L. Graf, P.E.. FHNY-N
Mr. Tom Shearin, P.E., Roadway Design
Mr. Whit Webb, P.E., Program Developmen_
Mr. Len Hill, P.E., Highway Desig_
Mr. A. L. Hankins, P.E., Hydraulics
Mr. William Rogers, P.E., Structure Design
Mr. B.G. Payne, P.E., Division 10 Engineer

APPLICATION FOR
DEPARTMENT OF THE ARMY PERMIT
(33 CFR 3255)
OMB APPROVAL No. 0710-003
Expires October 1996
Public reporting burden for this collection of information is estimated to average 5 hours per response, including the time for
reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing this burden, to Department of Defense, Washington
Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204,
Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003),
Washington, DC 20503. Please DO NOT RETURN your form to either of those addresses. Completed applications must be
submitted to the District Engineer having jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authority: 33 USC 401, Section 10: 1413, Section 404. Principal Purpose: These laws require authorizing activities in. o-
affecting, navigable waters of the United States, the discharge or fill material into waters of the United States, and the
transportation of dredged material for the purpose of dumping it into ocean waters. Routine Uses: Information provided on thk
form will be used in evaluating the application for a permit Disclosure: Disclosure of requested information is voluntary. If
information is not provided, however, the permit application cannot be processed nor can a permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity musi
be attached to this application (see sample drawings and instructions) and be submitted to the District Engineer having
jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned.
(ITEMS 9 THRU 4 TO BE FILLED BY THE CORPS)
1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION
COMPLETED
(ITEMS BELOW TO BE FILLED OUT BY THE APPLICANT)
5. APPLICANTS NAME 8. AUTHORIZED AGENTS NAME AND TITLE
Ian anent is not rewired)
N.C. Department of Transportation William D. Gilmore, P. E. Manager
Project Development and Environmental Analysis Branch
6. APPLICANTS ADDRESS
P. O. Box 25201
Raleigh, NC 27611
9. AGENTS ADDRESS
APPLICANTS PHONE NOS. W/ AREA CODE
a. Residence
b. Business [phone]
10. AGENTS PHONE NOS. W/ AREA CODE
a. Residence
b. Business
11. STATEMENT OF AUTHORIZATION
I hereby authorize, , to act on my behalf as my agent in the processing of this
application and to fumish, upon request, supplemental information in support of this permit application.
G- O d11S 6; li?v L? f?
APPLICANT'S SIGNA RE ATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (see instructions)
Proposed widening of NC 49 (South Tryon St.) to a multi-lane facility from Carowinds Blvd. (SR 1441) to
Charlotte Western Outer Loop in Mecklenburg County for a total distance of 4.0 km (2.5 mi).

13. NAME OF WATERBODY, IF KNOW (if applicable) 14. PROJECT STREET ADDRESS (if applicable)
Steele Creek, unnamed tributary to Steele Creek, and
unnamed tributary to Coffey Creek.
15. LOCATION OF PROJECT i
Mecklenburg County NC
County State
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions)
17. DIRECTIONS TO SITE
See vicinity maps associated with permit drawings.
18. Nature of Activity (Description of project, include all features)
Symmetrically widen NC 49 to a multi-lane facility from Carowin? s Blvd. to the Charlotte Western Outer Loop in
Mecklenburg County." The proposed widening will utilize a four4ane curb and gutter section with a raised 30 f
median. Additionally, General Drive and Sandy Porter Road will be realigned at their intersection with NC 49.
19. Project Purpose (Describe the reason or purpose of the project, see instructions)
Public highway facility:, The proposed project is needed to provide adequate capacity for predicted traffic
volumes. Detailed explanation of project purpose and need are included in June 27, 1994 Fro and November 23,
1994 FONS.
USE BLOCKS 20-22 IF DREDGED AND/ OR FILL, MATERIAL IS TO BE DISCHARGEL
i
20. Reason(s) for discharec
Roadway construction along NC 4::
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
Roadway fill, pipe/culvert extension and stream relocatioc.
22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions)
See cover letter and permit drawings
23. Is Any Portion of the Work Already Complete? Yes No X
IF YES, DESCRIBE THE COMPLETED WORK.
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (if more than can
be entered here, please attach a supplemental list).
See property list included with permit drawings.
25. List of Other Certifications or Approvals/ Denials Received from other Federal, State, or Local Agents for Work
Described in This Application.
AGENCY TYPE OF IDENTIFICATION j DATE APPLIED DATE DENIED
APPROVAL' NUMBER
N/A
* Would include but is not restricted to zoning, building and flood plain permits
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify
that the information in this application is complete and accurate. I further certify that I possess the authority to
undertake the work described herein or am acting as the agent duly authorized agent of the applicant.
V, 16 1-? i
SIGNATURE OF APPLICANT 'DATE SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it
may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or
agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or
disguises a material fact or makes any false, fictitious or fraudulent statements or respresentations or makes
any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry,
shall be fined not more than $10,000 or imprisoned not more than five years or both.
I

ttg
. SEAT[ o
J
STATE OF NORTH CAROLINA 1
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. P.O. BOX 25201. RALEIGH. N.C. 27611-5201 11;;; ?;i?1) .;{ORRIS TOLSON
GOVERNOR S EJETARY
May 20, 1999
q;
U.S. Army Corps of Engineers ,
Asheville Regulatory Field Office 1'?i?t?Ds
151 Patton Avenue, Room 143 ?AC17yGF T?eT
Asheville, North Carolina 28801-5006
Attention: Mr. Steve Lund
NCDOT Project Coordinator
Subject: Widen NC 49 (South Tryon St.) from Carowinds Blvd. (SR 1441) to
Charlotte Western Outer Loop in Mecklenburg County. TIP No. U-
2512BA; State Project No. 8.1673501; Federal Aid Project STP-49(2).
Dear Sir:
The North Carolina Department of Transportation (NCDOT) proposes to widen
NC 49 from Carowinds Blvd. to Charlotte Western Outer Loop in Mecklenburg County,
a total distance of 4.0 km (2.5 mi). A permit application (March 8, 1999) for this project
was submitted to the U. S. Army Corps of Engineers; however, in a discussion last week,
you stated that this project does not qualify for Nationwide Permits 14 and 16.
Specifically, this is due to stream impacts at Site II which exceed 500 linear ft. Personnel
from NCDOT Hydraulics Unit have stated that stream impacts cannot be further reduced
at this site.
Accordingly, application is hereby made for a Department of the Army Section
404 Individual Permit as required for activities described in the previously submitted
permit application. We anticipate an Individual Section 401 Water Quality Certification
will apply to this project and are providing seven copies of this memorandum to the
North Carolina Department of Environment and Natural Resources, Division of Water
Quality. In compliance with Section 143-215.3D(e) of the NCAA we have already
provided a check for $475.00 (Warrant #404578, dated March 10, 1999) to act as
payment for processing the Section 401 permit application.
Thank you for you assistance with this project. If you have any questions or need
any additional information about this project, please contact Mr. Chris Murray at (919)
733-7844, Extension 304.

it
Sincerely,
1/ (? , 291
William Gilmore, P.E., Branch Manager
Project Development and Environmental
Analysis Branch
WG/cam
c: Mr. David Franklin, COE, Wilmington
Mr. John Dorney, DWQ
Mr. David Cox, NCWRC
Ms. Kathy Matthews, EPA
Mr. John Hefner, USFWS
Mr. N. L. Graf, P.E., FHWA
Mr. Tom Shearin, P.E., Roadway Design
Mr. Whit Webb, P.E., Program Development
Mr. Len Hill, P.E., Highway Design
Mr. A. L. Hankins, P.E., Hydraulics
Mr. William Rogers, P.E., Structure Design
Mr. B.G. Payne, P.E., Division 10 Engineer
0
A
APPLICATION FOR
DEPARTMENT OF THE ARMY PERMIT
(33 CFR 325)
OMB APPROVAL No. 0710-003
Expires October 1996
Public reporting burden for this collection of information Is estimated to average 5 hours per response, including the time for
reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing this burden, to Department of Defense, Washington
Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204,
Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003),
Washington, DC 20503. Please DO NOT RETURN your form to either of those addresses. Completed applications must be
submitted to the District Engineer having jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authority: 33 USC 401, Section 10: 1413, Section 404. Principal Purpose: These laws require authorizing activities in, or
affecting, navigable waters of the United States, the discharge or fill material into waters of the United States, and the
transportation of dredged material for the purpose of dumping it into ocean waters. Routine Uses: Information provided on this
form will be used in evaluating the application for a permit. Disclosure: Disclosure of requested information Is voluntary. If
information is not provided, however, the permit application cannot be processed nor can a permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must
be attached to this application (see sample drawings and Instructions) and be submitted to the District Engineer having
jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned.
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION
COMPLETED
(ITEMS BELOW TO BE FILLED OUT BY THE APPLICANT)
5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE
(an agent is not required)
N.C. Department of Transportation William D. Gilmore, P. E. Manager
Project Development and Environmental Analysis Branch
6. APPLICANTS ADDRESS
P. O. Box 25201
Raleigh, NC 27611
9. AGENT'S ADDRESS
7. APPLICANT'S PHONE NOS. W/ AREA CODE
a. Residence
b. Business [phone]
10. AGENTS PHONE NOS. W/ AREA CODE
a. Residence
b. Business
11. STATEMENT OF AUTHORIZATION
I hereby authorize, , to act on my behalf as my agent in the processing of this
application and to furnish, upon request, supplemental information in support of this permit application..
6; 5z? s?
APPLICANTS SIGNA RE ATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (see instructions)
Proposed widening of NC 49 (South Tryon St.) to a multi-lane facility from Carowinds Blvd. (SR 1441) to
Charlotte Western Outer Loop in Mecklenburg County for a total distance of 4.0 km (2.5 mi).
13. NAME OF WATERBODY, IF KNOW (if applicable) 14. PROJECT STREET ADDRESS (if applicable)
Steele Creek, unnamed tributary to Steele Creek, and
unnamed tributary to Coffey Creek.
15. LOCATION OF PROJECT
Mecklenburg County NC
County State
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions)
17. DIRECTIONS TO SITE
See vicinity maps associated with permit drawings.
18. Nature of Activity (Description of project, include all features)
Symmetrically widen NC 49 to a multi-lane facility from Carowinds Blvd. to the Charlotte Western Outer Loop in
Mecklenburg County. The proposed widening will utilize a four-lane curb and gutter section with a raised 30 ft
median. Additionally, General Drive and Sandy Porter Road will be realigned at their intersection with NC 49.
19. Project Purpose (Describe the reason or purpose of the project, see instructions)
Public highway facility. The proposed project is needed to provide adequate capacity for predicted traffic
volumes. Detailed, explanation of project purpose and need are included in June 27, 1994 EA and November 23,
1994 FONSI.
USE BLOCKS 20-22 IF DREDGED AND/ OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for discharge
Roadway construction along NC 49.
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
Roadway fill, pipe/culvert extension and stream relocation.
22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions)
See cover letter and permit drawings.
23. Is Any Portion of the Work Already Complete? Yes No X
IF YES, DESCRIBE THE COMPLETED WORK.
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (if more than can
be entered here, please attach a supplemental list).
See property list included with permit drawings.
25. List of Other Certifications or Approvals/ Denials Received from other Federal, State, or Local Agents for Work
Described in This Application.
AGENCY TYPE OF IDENTIFICATION DATE APPLIED DATE DENIED
APPROVAL" NUMBER
N/A
* Would include but is not restricted to zoning, building and flood plain permits
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify
that the information in this application is complete and accurate. 1 further certify that 1 possess the authority to
undertake the work described herein or am acting as the agent duly authorized agent of the applicant.
• G. 0-16 1,,, w
SIGNAT RE OF APPLICANT 'DATE SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it
may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or
agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or
disguises a material fact or makes any false, ficticious or fraudulent statements or respresentations or makes
any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry,
shall be fined not more than $10,000 or imprisoned not more than five years or both.

PROPERTY LIST
lJ AMERICAN STORE & LOCK `5
8539 MONROE BLVD.
CHARLOTTE. NC 28212
2) HOWARD ROSENBURG AND WIFE. MILDRED M.
3101 VALENTINE LANE
MATTHEWS, NC 28105
3) THE SPRINGS AT STEELE CREEK
P.0. BOX 37166
CHARLOTTE, N.C. 28287-7166
4) EVELYN ANNE ERVIN AND ALBERT D. ERVIN
8513 CASTLE PINE COURT P.O. BOX 736
CHARLOTTE. N.C.28226 MYRTLE BEACH. S.C. 29578
5) EARL T. JAMES, SR.
14131 PINE HARBOR ROAD
CHARLOTTE, N.C.28278
6) KASKO ENTERPRISES, INC.
P.O. BOX 411205
CHARLOTTE, N.C. 28241-1205
7) DEXTER AND BIRDIE YAGER FAMILY LTD PARTNERSHIP
P.O. BOX 412080
12201 STEELE CREEK ROAD
CHARLOTTE, N.C. 28241-2080
8) AMERICAN ASSET CORPORATION
5950 FAIRVIEW ROAD
SUITE 200
CHARLOTTE, N.C. 28210
9) PUBLIC STORAGE, INC.
P.0. BOX 25050
GLENDALE, CA 91201-2897
10) HACOBA CORPORATION OF AMERICA
P.O. BOX 240563
CHARLOTTE. N.C. 28224
t?
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 E. MORRIS TOLSON
GOVERNOR SECRETARY
March 8, 1999
U.S. Army Corps of Engineers
Asheville Regulatory Field Office RECEIVED
151 Patton Avenue, Room 143
Asheville, North Carolina 28801-5006
MAR 12 1999
Attention: Mr. Steve Lund
NCDOT Project Coordinator
CE?AM. CO-RA
Subject: Widen NC 49 (South Tryon St.) from Carowinds Blvd. (SR 1441) to
Charlotte Western Outer Loop in Mecklenburg County. TIP No. U7
2512BA; State Project No. 8.1673501; Federal Aid Project STP-49(2).
Dear Sir:
The North Carolina Department of Transportation (NCDOT) proposes to widen
NC 49 to a multi-lane facility from the Buster Boyd Bridge at the North Carolina-South
Carolina State line to Tyvola Road Extension, for a total length of 16.6 km (10.3 mi).
The purpose of this memo is to address impacts associated with Section BA, which
involves the widening of NC 49 from Carowinds Blvd. to Charlotte Western Outer Loop
in Mecklenburg County, a total distance of 4.0 km (2.5 mi).
NEPA Documentation
The Federal Highway Administration (FHWA) approved the Environmental
Assessment (EA) for TIP No. U-2512 on June 27, 1994. The FHWA signed the Finding
of No Significant Impact (FONSI) for the NC 49 widening on November 23, 1994. The
EA and the FONSI include studies pertaining to impacts to natural systems and protected
species. Copies of the EA and the FONSI have been provided to regulatory agencies
involved in the permit review process.
Alternatives Considered (see Environmental Analysis)
From the roadway approaches at the Buster Boyd Bridge to SR 1441 (Carowinds
Blvd.), two typical sections were considered: a four-lane rural section with a 46 foot
median was evaluated for symmetrical, east-side, and/or west-side widening about the
existing centerline. Also, a five-lane undivided shoulder section with a continuous center
turn lane was analyzed. From SR 1441 (Carowinds Blvd.) to Tyvola Road Extension, a
68-foot (from face of curb to face of curb) five-lane curb and gutter section including a
N)
16-foot continuous center turn lane was evaluated. A second alternative considered for
the north section of the project included a four-lane divided curb and gutter section with a
30-foot raised median. This alternative involved widening to one side of the roadway or
the other.
Recommended Alternative (see Finding of No Significant Impact)
The NCDOT intends to construct the alignment recommended in the
Environmental Assessment. The recommended improvement is a four-lane rural
roadway separated by a 46-foot depressed median from the Buster Boyd Bridge to SR
1441 (Carowinds Blvd.). A four-lane curb and gutter section with a raised 30-foot
median is recommended from SR 1441 (Carowinds Blvd.) to Sugar Creek. From Sugar
Creek to Tyvola Road Extension, a four-lane shoulder section with a 30-foot raised
median is recommended. Alternatives for the replacement of the Buster Boyd Bridge are
being evaluated under a separate project, TIP No. B-3004.
The "do-nothing" or no-build alternative was rejected because the existing
roadway system cannot adequately service the projected traffic volumes along NC 49.
The four-lane section minimizes residential relocations as well as impacts to parks,
recreational areas, forest lands and wetlands. It also provides a safer operating design by
restricting vehicular turns to median openings. On the basis of human and physical
impacts and environmental considerations, the four-lane divided section was considered
to provide the safest operation with the fewest adverse impacts.
The NCDOT has updated its review of federally-protected species for the project.
Biological Conclusions of No Effect were resolved and remain valid for Carolina
heelsplitter (Lasmigona decorata), smooth coneflower (Echinacea laevigata),
Schweinitz's sunflower (Helianthus schweinitzii), and Michaux's sumac (Rhus
michauxii). Attached to this letter is the most recent Construction Consultation for the
project, which addresses federally-protected species involved with the construction of the
project and serves to update previously submitted documents.
Project Let Schedule
For construction purposes, the widening of NC 49 has been broken down into
sections. Table 1 reflects the project breakdown, section termini and project let dates. A
map depicting the sections associated with TIP U-2512 is attached.
Table 1. `Construction Schedule for TIP No. U-2512 in Mecklenburg County
Section 'Description

Date
Let
A Buster Boyd Bridge at the South Carolina line to SR October 2000
1441
AA Intersection realignment of NC 49, SR 1116 and SR May 1999
1109
BA SR 1441 to Charlotte Western Outer Loop June 1999
BB SR 1138 (Arrowood Road) to Tyvola Road Extension November 1998
BC Charlotte Western Outer Loop to SR 1138 Complete
Section A involves the widening of NC 49 from Buster Boyd
Bridge at the South Carolina line to SR 1441 and is scheduled to be let on 17 October
2000. NCDOT will require permits in this section for impacts to surface waters. Section
AA is found within Section A of the project. This independent section involves
realigning SR 1116 (Shopton Road) and SR 1109 (Youngblood Road) at NC 49. This
section is scheduled to be let on 18 May 1999. There are no stream or wetland impacts
associated with this project; therefore, it will not require a permit. Section BB involves
the widening of NC 49 from SR 1138 to Tyvola Road (see USACE Action ID No.
199830772). This section was let on 17 November 1998, and is expected to be
completed on 29 May 2001.
The subject. of this letter is Section BA, which extends from Carowinds Blvd. (SR
1441) to Charlotte Western Outer Loop. NC 49 will be widened to a four-lane shoulder
section with a thirty (30)-foot raised median in the project study area.
It is the opinion of the NCDOT that the proposed widening of NC 49 from
Carowinds Blvd. to Charlotte Western Outer Loop (the BA section) has independent
utility from the remaining sections of the project. The NCDOT believes that this section
can be considered independent of the remaining sections because it meets the following
criteria of "independent utility" as defined by the FHWA:
• this section of the project connects logical termini since it ties into an existing
alignment;
• this section of the project is of sufficient length that environmental matters have been
addressed on a broad scope (EA and FONSI);
• this section of the project has independent significance such that it is usable and of
reasonable expenditure even if no other improvements are made in the area; and,
• this section of the project does not restrict consideration of alternatives for other
reasonable foreseeable transportation improvements.
Construction of Section BA
Project construction necessitates impacts to waters of the United States. Impacts
to surface waters total 0.136 ac resulting from pipe and culvert extension, as well as
stream relocation. NCDOT biologist Bruce Ellis conducted a site visit on January, 14
1997 to conduct a wetland delineation utilizing the 1987 Corps of Engineers Wetland
Delineation Manual (Environmental Laboratory, 1987). No jurisdictional wetland sites
were identified at the site. Table 2 summarizes impacts to waters of the United States.
Table 2. Impacts to Waters of the United States associated with
TIP No. U-251213A.
Permit Fill in Existing Relocated Enclosed
Site Surface Waters Channel Filled Channel Channel
(ac) (linear ft) (linear ft) (linear ft)
I 0.022 65 N/A 59
11 0.124 941 308 701
III 0.012 108 N/A 66
Total 0.136 1050 308 766
Notes:
"N/A" denotes not applicable to that particular site.
Permit site I: This involves culvert extension along Steele Creek, which is a
perennial stream. NCDOT proposes to fill in 65 linear ft of existing channel. Based on
this limited impact, the NCDOT does not intend to provide mitigation. Impacts to
surface waters at this site are 0.022 ac.
Permit site II: This involves impacts to an unnamed, perennial tributary to Steele
Creek. Total impacts to surface waters at this site are 0.124 ac. As stated in the summary
sheet (Sheet 6 of 7) and Table 2, NCDOT proposes to fill 941 linear ft of stream channel.
This number has been broken out into easily identifiable areas:
• North side of NC 49: The stream is located in a concrete channel. The 390 linear ft
of this stream located in the concrete channel will be piped and will not require
mitigation. This section of stream has less than minimal function and essentially is
already "lost."
South side of NC 49: NCDOT plans to pipe and relocate a portion of the channel
parallel to NC 49 (Sheet 4 of 7); impacts total 551 linear ft. A new pipe will be
installed under relocated SR 1348 and the existing pipe under SR 1348 will be.
removed. The stream channel located between existing and proposed SR 1348 will
be relocated. Of the 551 linear ft impacted on the south side of NC 49, 308 linear ft
will be relocated (at stations 23+60 to 24+40 and at stations 24+80 to 24+94); thereby
resulting in a loss of 243 linear ft. The stream is currently located in a pipe under SR
1348 at stations 24+98 to 25+14. This pipe will be removed, allowing 52 linear ft of
stream to be "relocated" in its natural setting at its existing location.
NCDOT is proposing to provide on-site stream mitigation by dropping the grade,
creating a riffle-pool complex and vegetating the banks of the relocated channels (Sheet 4
of 7). This will be done at stations 23+60 to 24+40 and 24+80 to 25+14 (which includes
a portion of the "stream relocation" under SR 1348), resulting in 374 linear ft of on-site
mitigation.
In summary, 551 linear ft of stream will be impacted at Site II (this excludes the
390 linear ft located in a channel that will not require mitigation). However, NCDOT
proposes to provide on-site stream mitigation for 374 linear ft of stream. This would be a
net loss of 177 linear ft.
It is important to note that this stream is piped upstream and off-site of the project
near SR 1348 for at least 510 linear ft (and likely much more as it is located inside an
industrial business site). Apparently, this stream has been impacted by previous (non-
NCDOT) activities in the project vicinity.
Permit site III: This involves pipe extension along an unnamed perennial
tributary to Coffey Creek. NCDOT proposes to fill in 108 linear ft of existing channel.
Impacts to surface waters at this site are 0.012 ac. Based on this limited stream impact,
NCDOT does not intend to provide mitigation.
Mitigation Requirements
The NCDOT understands that stream mitigation will be required for Permit Site II
based on the current rules of the Division of Water Quality (DWQ) regarding impacts
greater than 150 feet to a particular stream. On the north side of NC 49, approximately
390 linear ft of this stream is located in a concrete channel that will be piped. This will
not require mitigation. On the south side of NC 49, a total of 551 linear ft of stream will
be impacted. However, NCDOT proposes to provide on-site stream mitigation for 374
linear ft of stream. This would be a net loss of 177 linear ft. NCDOT is currently
investigating utilizing the Wetland Restoration Program to provide mitigation for the 177
linear ft of stream loss. If this is accepted, NCDOT proposes to pay $44,250 to the
Wetland Restoration Program (WRP) (at $125 per foot of impact at a 2:1 ratio) for stream
mitigation.
In summary, the NCDOT requests authorization under a Section 404 Nationwide
Permit 14 for sites I and III and a Nationwide Permit 26 for site II. Application is also
made for the appropriate 401 Water Quality Certification by the DWQ.
Thank you for you assistance with this project. If you have any questions or need
any additional information about this project, please contact Mr. Chris Murray of my
staff at [phone], Extension 304.
Sincerely,
Y. C' - 4; t' ??
William Gilmore, P.E., Branch Manager
Project Development and Environmental
Analysis Branch
6
WG/cam
cc: Mr. David Franklin, COE, Wilmington
Mr. John Dorney, DWQ
Mr. David Cox, NCWRC
Mr. Tom Shearin, P.E., Roadway Design
Mr. Whit Webb, P.E., Program Development
Mr. Len Hill, P.E., Design Services
Mr. A.L. Hankins, P.E., Hydraulics
Mr. William Rogers, P.E., Structure Design
Mr. B.G. Payne, P.E., Division 10 Engineer

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JAMES B. HUNT JR.
GOVERNOR
2 March, 1999
Memorandum To:
From:
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
P.O. BOX 25201, RALEIGH, N.C. 27611-5201
E. MORRIS TOLSON
SECRETARY
Leigh Lane, Project Engineer
Consultant Engineering Unit
Christopher A. Murray, P.W.S.
Natural Systems Unit
Subject: Construction consultation for proposed
widenina of NC 49 (Soul.. Tryon St.) from
Carowinds Blva. (SR 1441) to Charlotte Western
Outer Loop in Mecklenburg County. TIP No.
U-2512BA; State Project N 8.1673501; Federa_1
Project No. STP-49(2)
References: 1) Categorical Exclusion (NCDOT, 27 June, 1994)
2) Administrative Action/Finding of No
Significant Impact (NCDOT, 23 November, 1994)
3) Protected Species and Water Resources Update
(NCDOT, 22 November, 1996)
4) Protected Species Update (NCDOT, 3 November,
1997)
5) Water Resources and Protected Species Review
(NCDOT, 22 July, 1998)
The proposed project involves the widening of NC 49 from
Carowinds Blvd. to Charlotte Western Outer Loop in Mecklenburg
County. This report provides information to assist in the
preparation of a construction consultation for the referenced
project. It addresses water resources and federally-protected
species involved with the construction of the proposed project
and serves to update the previously submitted documents.
Water Resources
The project study area is located in the Catawba River
Basin. Reference documents 1 and 5 incorrectly identify
jurisdictional streams located in the project study area. Based
on a current review of plan sheets and a site visit conducted by
NCDOT Biologist Dale Suiter on 13 October 1998, three
jurisdictional streams are located in the project study area:
Steele Creek, an unnamed tributary to Steele Creek, and an
unnamed tributary to Coffey Creek. Streams have been assigned a
best usage classification by the North Carolina Division of Water
Quality (DWQ). The best usage classification of an unnamed
tributary is the same as the water body to which it is a

2
tributary. The best usage classification and corresponding DWQ
index number of the above-mentioned streams are outlined in Table
1.
Table 1. Water resources located in project area.
Water Body Best Usage DWQ Index
Classification Number
Steele Creek C 11-137-10
Unnamed tributary to Steele Creek C 11-137-10
Unnamed tributary to Coffey Creek C 11-137-4
Class C waters are suitable for aquatic life propagation and
survival, fishing, wildlife, secondary recreation, and
agriculture. Neither High Quality Waters (HQW), Water Supplies
(WS-I or WS-II),nor Outstanding Resource Waters (ORW) occur
within 1.6 km (1.0 mi) of the project area.
Federally-protected Species
Some populations of fauna and flora have been in, or are in,
the process of decline either due to natural forces or their
inability to coexist with human activities. Federal law (under
the provisions of the Endangered Species Act [ESA] of 1973, as
amended) requires that any action, likely to adversely affect a
species, classified as federally-protected, be subject to review
by the Fish and Wildlife Service (FWS). Other species may
receive additional protection under separate state laws.
Plants and animals with federal classifications of
Endangered, Threatened, Proposed Endangered and Proposed
Threatened are protected under provisions of Section 7 and
Section 9 of the ESA. As of 15 January, 1999, four federally
protected species are listed for Mecklenburg County (Table 2).
Table 2. Federally-protected species for Mecklenburg County.
Common Name Scientific Name Status
Carolina heelsplitter Lasmigona decorata Endangered .
smooth coneflower Echinacea laevigata Endangered*
Schweinitz's sunflower Helianthus schweinitzii Endngered
Michaux's sumac Rhus michauxii Endangered*
Notes:
"Endangered" is a taxon of plant or animal that is in danger of
extinction throughout all or a significant portion of its range.
"*" indicates a historic record-the species was last observed in
Mecklenburg County more than 50 years ago.
Biological Conclusions of No Effect for the above mentioned
species were resolved in References 1 and 4. The Biological
Conclusions for Schweinitz's sunflower, smooth coneflower, and
Michaux's sumac were rendered based on field surveys of suitable
habitat which revealed no individuals of these species in the
project study area. The Biological Conclusion for Carolina
heelsplitter was rendered based on the absence of suitable mussel

•
3
habitat and lack of viable mussel populations in the project study
area. All of the Biological Conclusions remain valid. This
project will not affect any federally protected species.
c: File
r-l
DEM ID:
CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #)
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET).
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL
MANAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME: NC Dept. of Transportation; Project Development and
Environmental Analysis Branch
2. MAILING ADDRESS: Post Office Box 25201
SUBDIVISION NAME.
CITY: Raleigh STATE: NC ZIP CODE:
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME
FROM MAILING ADDRESS ABOVE):
3. TELEPHONE NUMBER (HOME):
TIP No. U-2512BA
NWP 14 and 26
25201
(IF DIFFERENT
(WORK) : [phone]
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,
ADDRESS, PHONE NUMBER: William D. Gilmore , P.E., Manager
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS
TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Mecklenburg NEAREST TOWN OR CITY: Charlotte
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): NC 49 (S.
Tryon St.) from Carrowinds Blvd. (SR 1441) to Charlotte Western Outer
Loop.
6. IMPACTED OR NEAREST STREAM/RIVER: Steele Ck., UT to Steele Ck.
and UT to Coffey Ck. RIVER BASIN: Catawba
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW),
WATER SUPPLY (WS-I OR WS-II)? YES [ ] NO [X] IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)?YES[ ] NO[X]
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
10

2
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [X] NO [ ] IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION): U-2512BB (USACE Action ID No. 199830772 and DWQ No.
980455)
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [X] NO [ ] IF YES, DESCRIBE ANTICIPATED WORK: Later
Sections of U-2512-See Cover Letter
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND:
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT
SITE:
0.0 acre
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING:
FLOODING:
EXCAVATION:
OTHER:
DRAINAGE: TOTAL ACRES TO BE IMPACTED: 0.0 ac
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: See Cover Letter FT AFTER:
WIDTH BEFORE (based on normal high water contours):
WIDTH AFTER: FT
AVERAGE DEPTH BEFORE:
FT
FT AFTER:
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: X PLACEMENT OF PIPE IN CHANNEL: X
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND?
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY): Widen NC 49 (see cover letter) using road construction
equipment.
FT
FT

3
13. PURPOSE OF PROPOSED WORK: Widen NC 49 to meet expected traffic
demands.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS): No Wetland Impacts at site.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF 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.
DATE CONTACTED: August 30, 1994 (ATTACH RESPONSES FROM THESE AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED: August 25, 1994
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE
OF PUBLIC (STATE) LAND?
YES [X] NO [] (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN
ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH
CAROLINA ENVIRONMENTAL POLICY ACT?
YES [X] NO [ ]
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [X] NO [ ]
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE [phone].
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL
INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21,
26, 29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE

4
PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS
50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
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. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Residential and
commercial.
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER-FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
OWNER'S/AGENT'S SIGNATURE
33 11999
DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
AGENCY ADDRESSES
ENDANGERED SPECIES:
U.S. FISH AND WILDLIFE SERVICE
RALEIGH FIELD OFFICE
P.O. BOX 33726 .
RALEIGH, NC 27636-3726
TELEPHONE [phone]
HISTORIC RESOURCES:
NATIONAL MARINE FISHERIES SERVICE
HABITAT CONSERVATION DIVISION
PIVERS ISLAND
BEAUFORT, NC 28516
TELEPHONE [phone]
STATE HISTORIC PRESERVATION OFFICE
N.C. DIVISION OF ARCHIVES AND HISTORY
109 EAST JONES STREET
RALEIGH, NC 27601
TELEPHONE [phone]
STATE REGULATORY AGENCIES:
MR. JOHN DORNEY
DIVISION OF ENVIRONMENTAL MANAGEMENT
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT, HEALTH, AND NATURAL
RESOURCES
4401 REEDY CREEK ROAD
RALEIGH, NORTH CAROLINA 27607
TELEPHONE [phone]
CORPS OF ENGINEERS FIELD OFFICES:
RALEIGH REGULATORY FIELD OFFICE
US ARMY CORPS OF ENGINEERS
6508 FALLS OF THE NEUSE ROAD,
SUITE 120
RALEIGH, NC 27615
TELEPHONE [phone]
WASHINGTON REGULATORY FIELD OFFICE
US ARMY CORPS OF ENGINEERS
POST OFFICE BOX 1000
WASHINGTON, NC 27889-1000
TELEPHONE [phone]
U.S. FISH AND WILDLIFE SERVICE
ASHEVILLE FIELD OFFICE
160 ZILLICOA STREET
ASHEVILLE, NC 28801
TELEPHONE[phone]
MR. STEVE BENTON
DIVISION OF COASTAL MANAGEMENT
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT, HEALTH, AND NATURAL
RESOURCES
POST OFFICE BOX 27687
RALEIGH, NORTH CAROLINA 27611-7687
TELEPHONE [phone]
FAX [phone]
ASHEVILLE REGULATORY FIELD OFFICE
US ARMY CORPS OF ENGINEERS
151 PATTON AVENUE, ROOM 143
ASHEVILLE, NC 28801-5006
TELEPHONE [phone]
WILMINGTON REGULATORY FIELD OFFICE
US ARMY CORPS OF ENGINEERS
POST OFFICE BOX 1890
WILMINGTON, NC 28402-1890
TELEPHONE [phone]

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AUG 2 6 1994

North Carolina Department of Cultural Resource DI;,I;iC'l of
James B. Hunt, Jr., Governor
Rctty Ray McCain, Sc=tary
August 25, 1994
MEMORANDUM
TO: H. Franklin Vick, P.E., Manager
Planning and Environmental Branch
Division of Highways
Department of Transportation
?? Lv
FROM: David Brook
Deputy State Historic Preservation Officer
Divisio? of C b??csCa? F?isio?
William S.
SUBJECT: Widen NC 49 from Buster Boyd Bridge to Tyvola Road -
Extension, Mecklenburg County, U-2512, 8.1 673501 ,
STP-49(2), 95-E-4220-0108
We have received information concerning the above project from the State
Clearinghouse.
We believe that the Environmental Assessment adequately addresses our
comments regarding historic architectural and archaeological resources.
The above comments are made pursuant to Section 106 of the National Historic
Preservation Act of 1966 and the Advisory Council on Historic Preservation's
Regulations for Compliance with Section 106, codified at 36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions
concerning the above comment, please contact Renee Gledhill-Earley,
environmental review coordinator, at 919/733-4763.
DB:slw
cc: State Clearinghouse
N. Graf
B. Church
T. Padgett
Charlotte/Mecklenburg HLC
X7601
1C9 Fist loos otrr't • Rikith, tcatlh C--ro{Lma

I-miter:- Stakes Departnicilt 4 the Interior'
FIST[ AID WILDLIFE, SER?'W'7
:\she%-ille Field c)I(ic"
330 Rich etielcl Court
Rsheville, North Carolina 2,9806
August 30, 1991
Mr. H. Franklin Vick, P.E., Manager
Planning and Environmental Branch
Division of Highways
North Carolina Department of Transportation
P.O. Box 25201
Raleigh, North Carolina 27611-5201
C E f V?
Q
S EP 0 " 1994
DIVI SAC"I OF
C a H: G; ; 'r^, \I
Y?
Dear i•tr. Vick:
Suhin. ct: Federal environmental assessment for NC 49 widening, from
Buster Boyd Br doe to Tyvoia Road xtension. Mecklenburg
County, North Llaroiina T.I.P. No. U-2512
In 'lour letter of July 29. 1994 (received on August 1 ,1994), you
informed us of the subject project. The following comments are provide,
in accordance with the Fish and Wildlife Coordination Act, as amended (16
U.S.C. 661-667e), and Section 7 of the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531-1543) (Act).
According to the environmental assessment, this project will involve the
widening of existing NC 49 from the Buster Boyd Bridge to Tyvola Road
Extension, a distance of approximately ten miles. The section of road
from the Buster Boyd Bridge to SR 1441 will consist of a four-lane
shoulder section with a 46 foot median. The section from SR 1441
(Carowinds Boulevard) to Sugar Creek will be a four-lane divided curb and
gutter section with a 30 foot raised median and the section from Sugar,
?T}, V1a` P^'d Exton'c:J" :11 --Onsis+ a fcu e d i v ed
shoulder section with a 30 foot raised median. There will be no control
of access.
The proposed project will impact approximately 10.8 acres of upland
hardwood forest, 1.2 acres of pine forest, 1.8 acres of mixed
pine-hardwood forest and 3.8 acres of mesic hardwood forest. The new
road will include 15 crossings over Steele Creek, Coffey Creek, Walker
Branch, Porter Branch, and Sugar Creek and associated tributaries. This
will require culvert extensions and a bridge replacement over Sugar
Creek. One small (approximately 0.25 acre) palustrine emergent wetland
will be impacted. The purpose of this project is to improve safety and
level of service in this rapidly developing area of Charlotte. The U.S.
Fish and Wildlife Service (Service) is familiar with the fish and
wildlife resources within the project area.
TAKE¦ um"O"
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The Service believes that the preferred alternative will not result in
significant direct environmental impacts. However, we agree with the
following statement in the assessment: "Roadway improvements may
stimulate indirect effects (secondary impacts) which are not directly
related to the construction of the facility." The proposed project will
likely contribute to increased development which will result in
additional wildlife habitat losses both in quantity and quality
(fragmentation of existing habitat). The assessment noted that the
County has plans to preserve streamside corridors (greenways) and to
acquire additional land for the McDowell County Park as highlighted;
these activities may partially mitigate for these wildlife habitat
losses. However, we encourage the North Carolina Department of
Transportation to assist the Mecklenburg County Park and Recreation
Department with the preservation of habitat identified in the Mecklenburg
County Greenway Master Plan. Possibly, the use of Intermodal Surface
Transportation Efficiency Act of 1991 funds could be considered to
preserve some of these lands as transportation enhancements or scenic
easements.
The Service encourages the implementation of the following measures to
minimize impacts to aquatic resources in the creeks within the project
area durinq_ road construction: (1) riparian vegetation should be
maintained wherever possible (i.e., reduce canopy removal in or near
cree=,s); (2) if any riparian areas are disturbed they should be
reveoetated with native species as soon as possible after construction in
order to minimize runoff and to lessen the impacts associated with "bare
banks" (decrease in nutrient input, temperature changes, flow changes.
sediment filtration, etc.); (3) stringent erosion control measures should
be implemented during all construction activities so as to minimize
downstream effects; (4) extension of culverts should allow for continuous
flow in tributaries crossed by the alignment; and (5) construction should
be accomplished so that wet concrete does not contact water entering or
flowing in the stream. This will reduce likelihood of fish kills
associated with culvert construction.
The Service concurs with the "no effect" determination made regarding
this project and potential impacts to the federally listed endangered
Schweinitz's sunflower (Helianthus schweinitzii) and the Carolina
heelspli-ter (Lasmigona decorata). In view of this, we believe that
requirements of Section 7(c) of the Act are fulfilled. However,
obligations under Section 7 of the Act must be reconsidered if: (1) new
information reveals impacts of this identified action that may affect
endangered or threatened species or critical habitat in a manner not
previously considered, (2) this action is subsequently modified in a
manner not considered in this review, or (3) a new species is listed or
critical habitat determined that may be affected by the action.
We appreciate the opportunity to provide these comments. If you have any
questions regarding our comments, please contact Ms. Janice Nicholls of
_ our tarf at 704/605-i19 Z In any ,.. Ur- _ c .:fl(ieflc°
concerning this projec_ Jlease ?rp_nce our -)a Uii ._ ?? f)O?.
S ncerei:
Brian P. Cole
Field Suoervisor
cc:
Mr. Bob Johnson, U.S. Army Corps of Engineers. ?ea:jla=_ % :i-ld Office.
Room 75, Grove Arcade Building, 37 Batter Pa,^c :n'_ e.
Asheville, NC 28801

IMP
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HuNT JR. DIVISION OF HIGHWAYS GARiAND B. GARRM JR.
GOVERNOR P.O. BOX 25201. RALEIGH. N.C. 27611-5201 SEUITARY
03 November 1997
MEMORANDUM TO: Jay Bissett, P.E., Unit Head
Project Planning Unit
ATTENTION: Leigh Lane
Project Planning Unit
FROM: Dale W. Suiter, Environmental Biologist
Natural Resources, Permits and Mitigation Unit
SUBJECT: Protected Species Update for the FHWA Right of Way
Consultations of Bridge # 23 over the Catawba River (TIP
No. B- 3004) and widening of NC 49 from Carowinas
Boulevard to Tyvola Road (U-2512B), Mecklenburg County.
REFERENCES: 1. Categorical Exclusion for B-3004 dated April 1995.
2. Environmental Assessment for U-2512 dated June 1994.
The referenced CE (Reference 1) and EA (Reference 2) for the subject projects
did not address smooth coneflower (Echinacea laevigata) and Michaux's sumac (Rhos
michauxit) since those species were not listed for Mecklenburg County at that time.
Complete species descriptions and biological conclusions follow.
Rhus michauxii (Michaux's Sumac)
Family: Anacardiaceae (Cashew)
Federal Status: Endangered, 28 May 1989
Distribution: Michaux's sumac is endemic to the inner Coastal Plain and Piedmont
physiographic provinces of Virginia, North Carolina, South Carolina and Georgia. Most
populations occur in North Carolina.
Habitat: This species prefers sandy, rocky, open woods and roadsides. Its survival is
dependent on disturbance (Mowing, clearing, fire) to maintain an open habitat. It is
often found with other members of its genus as well as with poison ivy (Toxicodendron
radicans). There is no longer believed to be an association between this species and
specific soil types.
Z
Characteristics: Michaux's sumac is a dicecious shrub growing to a height of 0.2 - 1.0
m (0.06 - 0.31 ft). Plants flower in June, producing a terminal, erect, dense cluster of 4-
5 parted greenish-yellow to white flowers. Fruits, produced from August through
September, are red, densely short-pubescent drupes, 5 - 6 mm (0.25 in) across. Most
populations, however, are single sexed and reproduce only by rhizomes. The entire
plant is densely pubescent. The deciduous leaves are composed of 9 - 13 sessile,
oblong leaflets on a narrowly winged or wingless rachis. The acute to acuminate leaflets
have rounded bases and are 4 - 9 cm (1.5 - 3.5 in) long and 2 - 5 cm (1.0 - 2.0 in) wide.
They are simply or doubly serrate.
Threats: This species is threatened by loss of habitat. Since its discovery, 50 percent
of Michaux's sumac habitat has been lost due to its conversion to silvicultural and
agricultural purposes and development. Fire suppression and herbicide drift have also
negatively impacted this species.
Biological Conclusion: No Effect
Habitat for Michaux's sumac in the form of roadside shoulders and disturbed
areas exist throughout the project study area. Surveys for Micnaux's sumac were - '
conducted on 16-17 September 1997. Survey methodology included driving the length
of the project in order to identify areas of suitable habitat. NCDOT biologists Dale Suiter
and Marc Recktenwald conducted a plant by plant survey in the areas considerec
suitable habitat. No individuals were found. As of 23 September 1997, the North
Carolina Natural Heritage Program database of rare species and unique habitats
showed no populations of this species in the project study area. This project will not
affect Michaux's sumac.
Echinacea laevigata (smooth coneflower)
Plant Family: Asteraceae (Composite)
Federal Status: Endangered
Distribution: The smooth coneflower was once found in all of the Atlantic Coast states
from Pennsylvania to Georgia and on the Gulf Coast in Alabama and inland in Arkansas:
Populations are now limited to Virginia, North Carolina, South Carolina, and Georgia.
Habitat: The smooth coneflower is found in meadows, open woodlands, glades, cedar
barrens, roadsides, power line rights-of-way, clearcuts and dry limestone bluffs. Plants
usually grow in soil derived from calcareous parent material. North Carolina populations
are found in soils derived from Diabase, a circumneutral igneous rock. Optimal sites are
in areas with abundant sunlight and little competition from other herbaceous plants.
Natural fires and large herbivores are important in the maintenance of the smooth
coneflowers habitat.
Characteristics: This perennial herb grows from simple or branched rhizomes. It grows
up to 1.5 meters tall, has a smooth stern, and few leaves. The basal leaves are the
largest and are smooth to slightly rough, tapered to the base, elliptical to broadly
lanceolate, and measure 20 cm across and 7.5 cm in width and are distinguished by
long petioles. Mid-stem leaves have short or no petioles and are smaller than the basal
leaves. Flowers are light pink to purplish in color, solitary, and 2-2.5 cm across. The
e 3
petal-like rays usually droop. Fruits are gray-brown, oblong-prismatic, four- angled, and
0.5-4 mm long; seeds are 0.5 cm long.
Biological Conclusion: No Effect
Habitat for smooth coneflower in the form of disturbed roadside shoulders and
other disturbed areas exist throughout the project study area. Surveys for smooth
coneflower were conducted on 16-17 September 1997. NCDOT biologists Dale Suiter
and Marc Recktenwald drove the length of the project in order to identify areas of
suitable habitat. A plant by plant survey was conducted in the areas considered suitable
habitat. No individuals were found. As of 23 September 1997, the North Carolina
Natural Heritage Program database of rare species and unique habitats showed no
populations of this species in the project study area. This project will not affect smooth
coneflower.
Please contact me at [phone] ext. 303 if you have any questions
regarding this memorandum
cc: V. Charles Bruton, Ph.D., Natural Resources, Permits and Mitigation Unit Head
Hal Bain, Natural Resources Supervisor
File B-3004
File U-2512B
4
V
JAMES B. HUNT JR.
GOVERNOR

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANS TATION
P.O. BOX 25201, RALEIGH, N.C. 276J4 1 /a
?qodLff
MccM?
DAVID MCCOY
SECRETARY
July 22, 1,999
Mr. Ronald E. Ferrell, Director
Wetlands Restoration Program N. C. Dept. of Environment and Natural Resources
437 N. Harrington St.
Raleigh, NC 27603 "

Subject: Widen NC 49 (South Tryon St.) from Carowinds Blvd. (SR 1441) to the
Charlotte Western Outer Loop in Mecklenburg County.. TIP No.
U-2512BA; State Project No. 8.1673501; Federal Aid Project STP-49(2);
USACE Action ID No. 199930586; Hydrologic Cataloging Unit
03050103.
Dear Mr. Ferrell:
The North Carolina Department of Transportation (NCDOT) proposes to widen
NC 49 to a four lane section with a 30 foot raised median from Carowinds Blvd. to the
Charlotte Western Outer Loop in Mecklenburg County. NCDOT applied for a
Department of Army Section 404 Individual Permit on May 20, 1999. The U. S. Army
Corps of Engineers (USACE) issued the Public Notice on July 1, 1999.
Project construction will necessitate impacts to waters of the United States. There
are no wetland impacts associated with this project; however, jurisdictional surface
waters will be impacted by pipe and culvert extension. Three permit sites are located in
the project study area:
Permit site I: This involves culvert extension along Steele Creek, which is a perennial
stream. NCDOT proposes to fill 65 linear ft of existing channel, which will require
mitigation.
Permit site II: This involves impacts to an unnamed, perennial tributary to Steele Creek.
NCDOT proposes to fill 941 linear ft of stream channel. This site has been separated into
the north and south sides of NC 49:
1)
North side: A total of 390 linear ft of stream is located in a riprap and concrete-lined
channel. The stream located in this channel will be piped and will not require
mitigation as it has less than minimal function as a natural stream.
• South side: Stream impacts here total 551 linear ft. NCDOT is proposing to pipe and
relocate a portion of the channel as well as remove the existing pipe under existing
SR 1348. NCDOT is proposing to provide on-site stream mitigation along the
relocated sections for a total of 360 linear ft by dropping the grade, creating a riffle-
pool complex and vegetating the banks of the channel. This would be a net loss of
191 linear feet that will require mitigation.
Permit site III: This involves pipe extension along an unnamed perennial tributary to
Coffey Creek. NCDOT proposes to fill 108 linear ft of existing channel, which will
require mitigation.
NCDOT requests concurrence from the North Carolina Wetlands Restoration
Program (NCWRP) to accept payment for stream impacts associated with this project.
NCDOT will provide mitigation for cumulative stream losses at all three sites totaling
364 linear ft. If this is accepted, NCDOT proposes to pay $91,000 to the NCWRP (at
$125 per foot of stream impact at a 2:1 ratio) for compensatory stream mitigation.
If you accept this proposal, please notify John Dorney of the North Carolina
Division of Water Quality (1621 Mail Service Center, Raleigh, NC 27699-1621) and
Steven Lund of the USACE (Asheville Regulatory Field Office, 151 Patton Ave., Room
143, Asheville, NC 28801-5006). Additionally, please forward a copy of the concurrence
letter to NCDOT.
The Let Date for this project is September 21, 1999. As you are aware, NCDOT
is currently experiencing difficulty in meeting the Let Date for several projects in
Mecklenburg County. Accordingly, NCDOT requests a timely response to this letter.
Your attention to this matter is greatly appreciated. If you have any questions or need
additional information, please call Chris Murray, P.W.S. at [phone] ext. 304 or
e-mail at: [e-mail].
Sincerely,
William Gilmore, P.E., Branch Manager
Project Development and Environmental
Analysis Branch

cc: Steve Lund. USACE NCDOT Coordinator, Asheville
David Franklin, USAGE, Wilmington
John Hefner, USFWS, Raleigh
Nicholas L. Graf, P.E.. FHWA. Raleigh
John Dorney, DWQ
B. G. Payne, NCDOT Division Engineer. Division 10
t

ggO2Cf,&
I\A ed eqb- u<
Proposed Design:
• Steve Lund suggested (in an email dated August 13, 1999) that NCDOT pursue
carrying the stream on the south side of NC 49 under the Kasko driveway and create
an open channel from the driveway to the Southern Railroad right-of-way. At this
point, the stream would cross under NC 49 in a new location. The relocated channel
would be created in a patch of scrubby woods and maintained lawn adjacent to NC
49.
• NCDOT Hy Sa Unit and Design Services Branch designed an open channel
approximate et in this portion of the Kasko tract. The base of the channel
would be apprely 15 feetbelow the final grade. The design would incorporate
a riffle-pool complex in the base, revegetated banks, and riprap located at the toe of
the channel slope that would extend approximately 2 feet. The purpose of this riprap
is to reduce sedimentation until the vegetation is established.
• NCDOT Right-of-Way Branch previously settled with Kasko based on the revised
design for $175,000. This appraisal includes 1.7 ac of new right-of-way, 907 feet
permanent drainage easement, and 0.4 ac temporary easement. NCDOT Right-of-
Way Branch is in the process of contacting Kasko to present this new revised design.
Based o ry rough calculation, NCDOT would require approximately an
additio 0.3- c from Kasko to create the open channel. According to NCDOT
Right-of- a ranch, a rough estimate cost of this additional piece of the
Kasko tract could cost approximat 26
• Total stream impacts for this site: ! et existing channel lost
7 fe require mitigation
• Payment to Wetland Restoration Program: 77 feet multiplied by $125/foot at a 2:1 '
ratio=$94,250.
• This information is subject to potential variation based on several factors including,
but not limited to, appraisal of the land and settlement with Kasko.
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Revised Design:
• NCDOT Design Services Unit redesigned the project to avoid relocation of the
unnamed tributary to Steele Creek into an open channel on the James property. At
this location, the stream would be enclosed in a 1650 mm concrete pipe. Stream
relocation would still be conducted a4thasko tract.
• NCDOT would require Approximate c of the James tract to relocate the
stream into one to pipe. NCDO-of--Way Branch appraised this portion
of the tract at,-$56,50q and has subsequently settled with Mr. James. The property
owner would retain ontage along NC 49 that could be developed.
• Total stream impacts at this site: et existing channel lost
erelocated channel
et require mitigation
• Payment et Restoration Program: 567 feet multiplied by $125/foot at a 2:1
ratio--$ 1 00.
42
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PERMIT REVIEW MEETING
September 23, 1999
U-2512BA
Widening NC 49 from Carowinds Boulevard to Charlotte Western Outer Loop in
Mecklenburg County.
Site II Stream Issues 1-
Original Design:
• Incorporates stream relocation of an unnamed tributary to Steele Creek along Earl T.
James property (a 2.5 ac tract) and Kasko Enterprises, Inc. property.
• NCDOT proposed tv create an open, riprap-lined channel in the James tract. The
proposed relocated channel length in the James tract is approximately 344 feet.
NCDOT would require approximately 0.74 ac of the James tract to create the
relocated channel. This land was subsequ-en-dy appraised at $76,700. NCDOT Right-
of-Way Branch indicated that the property owner would not settle for the appraised
amount and NCDOT would have to condemn the property. The land owner stated that
the open channel that that would be created along almost his entire frontage along NC
49 would restrict his ability to develop the land. Additionally, the Branch indicated
that NCDOT has a poor record at condemnation trials in Mecklenburg County where
the court often awards the property owners settlements between 25-200% above
ap v refore, the potential cost to the State could range between
5,875 to. 30,100.
• Total stream impacts for this site: feet existing channel lost
eet relocated channel
223 eet require mitigation
• Payme U?Letland Restoration Program: 223 feet multiplied by $125/foot at a 2:1
ratio $55,750.
• NCD fined that it was not practicable to pursue this design due to several
factors, including: need to condemn almost 30% of the James property and potential
cost associated with condemnation at trial.

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&rR S STATE OF NORTH Ci
?J f
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0- .9)
?ROLINA '-
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 DAVID MCCOY
GOVERNOR SECRETARY
October 15, 1999
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 143
Asheville, North Carolina 28801-5006
Attention: Mr. Steve Lund
NCDOT Project Coordinator
Subject: Widen NC 49 (South Tryon St.) from Carowinds Blvd. (SR 1441) to
Charlotte Western Outer Loop in Mecklenburg County. TIP No.
U-2512BA; State Project No. 8.1673501; Federal Aid Project STP-49(2);
USACE Action ID No. 199930586.
Dear Sir:
The North Carolina Department of Transportation (NCDOT) proposes to widen
NC 49 from Carowinds Blvd. to Charlotte Western Outer Loop in Mecklenburg County,
a total distance of 4.0 km (2.5 mi). NCDOT applied for a Department of Army Section
404 Individual Permit on May 20, 1999. The U. S. Army Corps of Engineers (USACE)
issued the Public Notice on July 1, 1999.
Project construction will necessitate impacts to waters of the United States. There
are no wetland impacts associated with this project; however, jurisdictional surface
waters will be impacted by pipe and culvert extension. Three permit sites are located in
the project study area:
• Permit site I: This involves culvert extension along Steele Creek. NCDOT proposes
to fill 65 linear ft of existing channel.
• Permit site II: This involves impacts to an unnamed, perennial tributary to Steele
Creek. NCDOT proposes to fill 941 linear ft of stream channel. Here, a total of 390
linear ft of stream is located on the north side of NC 49 and a total of 551 linear ft of
stream is located on the south side of NC 49.
2
• Permit site III: This involves pipe extension along an unnamed perennial tributary
to Coffey Creek. NCDOT proposes to fill 108 linear ft of existing channel.
Stream Relocation
NCDOT is proposing relocate a stream channel on the south side of Site II. Here,
NCDOT will relocate a portion of the channel as well as remove the existing pipe under
existing SR 1348. At these sites, NCDOT proposes to drop the grade, creating a riffle-
pool complex and vegetating the banks of the channel. This would be conducted at Sta
23+60 to Sta 24+40 and from Sta 24+80 to Sta 25+14. Accordingly, a total of 374 linear
feet will be relocated at the project.
Compensation
NCDOT is proposing to mitigate for stream impacts at the project. The relocated .
streams at Site II will qualify as minimization and reduce the mitigation ratio to the State
minimum (1:1 ratio). Accordingly, NCDOT will mitigate for 941-feet of stream impacts
at the site. NCDOT intends to utilize the North Carolina Wetland Restoration Program to
provide mitigation for stream loss at the project. NCDOT has previously received a
commitment for NCWRP for 728 linear ft of stream restoration and will request
additional mitigation to fulfill the obligations at this project. If you have any questions or
need additional information, please call Chris Murray, P.W.S. at [phone] ext. 304
or e-mail at: [e-mail].
/' incerely,
C-' At
William Gilmore, P.E., Branch Manager
Project Development and Environmental
Analysis Branch
o-
cc: John Hennessy, DWQ

0 y'M
Q puuvP?'°n
CJy i . -??. G3
STATE OF NORTH CAROLINA s ;
DEPARTMENT OF TRANSPORTATION N r--,"
a
JAMES B. HUNT JR- P.O. BOX 25201, RALEIGH, N.C. 27611-5201 DA COY
GOVERNOR SEC T Y
October 15, 1999 nlul
H
Mr. Ronald E. Ferrell, Director
Wetlands Restoration Program
N. C. Dept. of Environment and Natural Resources
437 N. Harrington St.
Raleigh, NC 27603
Subject: Widen NC 49 (South Tryon St.) from Carowinds Blvd. (SR 1441) to the
Charlotte Western Outer Loop in Mecklenburg County. TIP No.
U-2512BA; State Project No. 8.1673501; Federal Aid Project STP49(2);
USACE Action ID No. 199930586; Hydrologic Cataloging Unit
03050103.
I
Dear Mr. Ferrell:
The North Carolina Department of Transportation (NCDOT) proposes to widen
NC 49 from Carowinds Blvd. (SR 1441) to the Charlotte Western Outer Loop in
Mecklenburg County. NCDOT applied for a Department of Army Section 404 Individual
Permit on May 20; 1999. The U. S. Army Corps of Engineers (USACE) issued the
Public Notice on July 1, 1999.
Project construction will necessitate impacts to waters of the United States. There
are no wetland impacts associated with this project; however, jurisdictional surface
waters will be impacted by pipe and culvert extension. Three permit sites are located in
the project study area:
Permit site I: This involves culvert extension along Steele Creek. NCDOT proposes
to fill 65 linear ft of existing channel
Permit site II: This involves impacts to an unnamed, perennial tributary to Steele
Creek. NCDOT proposes to fill 941 linear ft of stream channel. Here, a total of 390
linear ft of stream is located on the north side of NC 49 and a total of 551 linear ft of
stream is located on the south side of NC 49.
2
• Permit site III: This involves pipe extension along an unnamed perennial tributary
to Coffey Creek. NCDOT proposes to fill 108 linear ft of existing channel.
Stream Relocation
NCDOT is proposing to relocate a stream channel on the south side of Site II.
Here, NCDOT will relocate a portion of the channel as well as remove the existing pipe
under existing SR 1348. At these sites, NCDOT proposes to drop the grade, creating a
riffle-pool complex and vegetating the banks of the channel. This would be conducted at
Sta 23+60 to Sta 24+40 and from Sta 24+80 to Sta 25+14. Accordingly, a total of 374
linear feet will be relocated at the project.
Compensation
NCDOT outlined the original project mitigation requirements and commitments-
in a letter to the NCWRP dated July 22, 1999. In response, NCDOT received a
commitment from NCWRP for 728 linear ft of stream restoration (see letter dated August
11, 1999). Since that time, the compensatory mitigation associated with this project has
been reevaluated and revised by NCDOT, NCDWQ, and USACE. NCDOT is proposing
to mitigate for additional stream impacts at the project. The relocated streams at Site II
will qualify as minimization and reduce the mitigation ratio to the State minimum (1:1
ratio). Accordingly, NCDOT will mitigate for a total of 941 feet of stream impacts at the
site at a 1:1 ratio.
NCDOT intends to utilize the North Carolina Wetland Restoration Program to
provide additional mitigation to fulfill the remaining compensatory stream mitigation
requirement obligations at this project. NCDOT requests concurrence from the North
Carolina Wetlands Restoration Program (NCWRP) to accept payment for the additional
stream impacts associated with this project. Based on this revised request, NCDOT
proposes to pay a total of $117,625 to the NCWRP (at $125 per foot of stream impact at a
1:1 ratio) for compensatory stream mitigation.
If you accept this proposal, please notify John Dorney of the North Carolina
Division of Water Quality (1621 Mail Service Center, Raleigh, NC 27699-1621) and
Steven Lund of the USACE (Asheville Regulatory Field Office, 151 Patton Ave., Room
143, Asheville, NC 28801-5006). Additionally, please forward a copy of the concurrence
letter to NCDOT. Your attention to this matter is greatly appreciated. If you have any
questions or need additional information, please call Chris Murray, P.W.S. at (919) 733-
7844 ext. 304 or e-mail at: [e-mail].

3
Sincerely,
?/ c - /4'z'?
William Gilmore, P.E., Branch Manager
Project Development and Environmental
Analysis Branch
cc: Steve Lund, USACE NCDOT Coordinator, Asheville
David Franklin, USACE, Wilmington
John Hefner, USFWS, Raleigh
Nicholas L. Graf, P.E., FHWA, Raleigh
John Dorney, DWQ
John Hennessy, DWQ
B. G. Payne, NCDOT Division Engineer, Division 10
r
,rn
??VIMM
STATE OF NORTH CAROLINA

?d
i

e
gNf ?f
`
siJ ? ?! ,'
DEPARTMENT OF TRANSPORTAT f
JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 VID MCCOY
GOVERNOR SECRETARY
October 15, 1999
Mr. Ronald E. Ferrell, Director
Wetlands Restoration Program
N. C. Dept. of Environment and Natural Resources
437 N. Harrington St.
Raleigh, NC 27603
Subject: Widen NC 49 (South Tryon St.) from Carowinds Blvd. (SR 1441) to the
Charlotte Western Outer Loop in Mecklenburg County. TIP No.
U-2512BA; State Project No. 8.1673501; Federal Aid Project STP-49(2);
USACE Action ID No. 199930586; Hydrologic Cataloging Unit
03050103.
Dear Mr. Ferrell:
i
The North Carolina Department of Transportation (NCDOT) proposes to widen
NC 49 from Carowinds Blvd. (SR 1441) to the Charlotte Western Outer Loop in
Mecklenburg County. NCDOT applied for a Department of Army Section 404 Individual
Permit on May 20, 1999. The U. S. Army Corps of Engineers (USACE) issued the
Public Notice on July 1, 1999.
Project construction will necessitate impacts to waters of the United States. There
are no wetland impacts associated with this project; however, jurisdictional surface
waters will be impacted by pipe and culvert extension. Three permit sites are located in
the project study area:
• Permit site I: This involves culvert extension along Steele Creek. NCDOT proposes
to fill 65 linear ft of existing channel.
• Permit site II: This involves impacts to an unnamed, perennial tributary to Steele
Creek. NCDOT proposes to fill 941 linear ft of stream channel. Here, a total of 390
linear ft of stream is located on the north side of NC 49 and a total of 551 linear ft of
stream is located on the south side of NC 49.
2 ?
r
• Permit site III: This involves pipe extension along an unnamed perennial tributary
to Coffey Creek. NCDOT proposes to fill 108 linear ft of existing channel.
Stream Relocation
NCDOT is proposing to relocate a stream channel on the south side of Site II.
Here, NCDOT will relocate a portion of the channel as well as remove the existing pipe
under existing SR 1348. At these sites, NCDOT proposes to drop the grade, creating a
riffle-pool complex and vegetating the banks of the channel. This would be conducted at
Sta 23+60 to Sta 24+40 and from Sta 24+80 to Sta 25+14. Accordingly, a total of 374
linear feet will be relocated at the project.
Compensation
NCDOT outlined the original project mitigation requirements and commitments
in a letter to the NCWRP dated July 22, 1999. In response, NCDOT received a
commitment from NCWRP for 728 linear ft of stream restoration (see letter dated August
11, 1999). Since that time, the compensatory mitigation associated with this project has
been reevaluated and revised by NCDOT, NCDWQ, and USACE. NCDOT is proposing
to mitigate for additional stream impacts at the project. The relocated streams at Site II
will qualify as minimization and reduce the mitigation ratio to the State minimum (1:1
ratio). Accordingly, NCDOT will mitigate for a total of 941 feet of stream impacts at the
site at a 1:1 ratio.
NCDOT intends to utilize the North Carolina Wetland Restoration Program to
provide additional mitigation to fulfill the remaining compensatory stream mitigation
requirement obligations at this project. NCDOT requests concurrence from the North
Carolina Wetlands Restoration Program (NCWRP) to accept payment for the additional
stream impacts associated with this project. Based on this revised request, NCDOT
proposes to pay a total of $117,625 to the NCWRP (at $125 per foot of stream impact at a
1:1 ratio) for compensatory stream mitigation.
If you accept this proposal, please notify John Dorney of the North Carolina
Division of Water Quality (1621 Mail Service Center, Raleigh, NC 27699-1621) and
Steven Lund of the USACE (Asheville Regulatory Field Office, 151 Patton Ave., Room
143, Asheville, NC 28801-5006). Additionally, please forward a copy of the concurrence
letter to NCDOT. Your attention to this matter is greatly appreciated. If you have any
questions or need additional information, please call Chris Murray, P.W.S. at (919) 731-
7844 ext. 304 or e-mail at: [e-mail].
. 3
Sincerely,
U • c - ??"
kk? William Gilmore, P.E., Branch Manager
Project Development and Environmental
Analysis Branch
cc: Steve Lund, USACE NCDOT Coordinator, Asheville
David Franklin, USACE, Wilmington
John Hefner, USFWS, Raleigh
Nicholas L. Graf, P.E., FHWA, Raleigh
John Dorney, DWQ
John Hennessy, DWQ
B. G. Payne, NCDOT Division Engineer, Division 10
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
NCDENR c IG? e? hu
November 8, 1999
JAMES B. HUNTJR.. ? Mr. Steve Lund ? 1
GOVERNOR Asheville Regulatory Field Office G'= F
US Army Corps of Engineers
151 Patton Avenue, Room 143' '
Asheville, NC 28801-5006 =
WAYNE MCDEVITT
7
SECRETARY
Dear Mr. Lund:
Subject: NCDOT Project U-2512BA
KERRTSTEVENS Action ID 199930586
DIRECTOR
Mecklenburg County
The purpose of this letter is to notify you that the North
Carolina Wetlands Restoration Program (NCWRP) is willing to accept
payment from the North Carolina Department of Transportation
(NCDOT) for stream impacts associated with the subject project in
accordance with the Memorandum of Understanding between the
NCWRP and the U.S. Army Corps of Engineers. Based on information
supplied by the NCDOT in a letter dated October 15, 1999, 941 linear
feet of stream restoration is required to satisfy the remaining
compensatory mitigation requirements for this project. As requested
by NCDOT, the NCWRP will provide 941 linear feet of stream
restoration for impacts associated with the subject project.
Please note that this letter amends the letter dated August 11,
1999 in which the NCWRP had agreed to provide stream restoration
for this project. If you have any questions or need additional
information I can be reached at 919-733-5219.
Sincerely,
x;.
Ronald E. F rell,
Program Manager
Wetlands Restoration Program
cc: Sohn Hennessy >We4.4n4s/x,0.1 Unit"..-
Chris Murray, NCDOT
P.O. BOX 29535, RALEIGH, NORTH CAROLINA 27626-0535
PHONE [phone] FAX [phone]
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