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Home My WebLink About20000577 Ver 1_Complete File_20000501U4,, JAN 3 0 2001 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY DAVID MCCOY GOVERNOR SECRETARY January 22, 2001 U.S. Army Corps of Engineers 151 Patton Ave., Rm 208 Asheville, North Carolina 28801-5006 ATTN: Mr. Steven W. Lund NCDOT Coordinator Dear Sir: Subject: Mecklenburg County, Charlotte-NC 49 (York Road) from Buster Boyd Bridge at South Carolina State Line to SR 1122 (Moss Road), TIP No. U- 2512A, State Project No. 8.1673502, Federal Aid No. STP-49(4). As you are aware, the North Carolina Department of Transportation plans to widen NC 49 from Buster Boyd Bridge at the North Carolina-South Carolina state line to SR 1122 (Moss Road). A Nationwide Permit No. 14 was received on July 11, 2000 (Permit No. 200030933-200030942) from the United States Army Corps of Engineers. giffi;= Quality Certification was received on June 13, 2000 (DWQ Project the Division of Water Quality. The purpose of this letter is to apply for a Nationwide Permit No. 12 for impacts concerning utilities. Sewer pipes will need to be installed under two of the creeks of the subject project. Approximately 1.4 m2 of surface area excavation will be implemented under Walker Creek. Approximately 1.8 m2 of surface area excavation will be implemented under an unnamed tributary. Attached for your information is a copy of the utilities drawings for the subject project. The NCDOT requests that you review this work for authorization under Nationwide Permit No. 12. It is anticipated that 401 General Certification No. 3288 (Utility Line Backfill and Bedding) will apply to this project, and the attached information is being provided to the North Carolina Department of Environment and Natural Resources, Division of Water Quality, for their review. If you have any questions or need additional information, please call Mr. Matt Haney at (919) 733-7844 ext. 333. MAILING ADDRESS: TELEPHONE: 919-733-3141 LOCATION: NC DEPARTMENT OF TRANSPORTATION FAX: 919-733-9794 TRANSPORTATION BUILDING PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET 1548 MAIL SERVICE CENTER WEBSITE: WWWDOH.DOT.STATE.NC.US RALEIGH NC RALEIGH NC 27699-1548 I Sincerely, '4 , ;'t ,U William D. Gilmore, P.E., Manager Project Development & Environmental Analysis Branch cc: Mr. David Franklin, Corps of Engineers, Wilmington Mr. John Dorney, NCDENR, Division of Water Quality Mr. Marella Buncick, USFWS, Asheville Mr. N.L. Graf, P.E., FHWA Mr. Calvin Leggett, P.E. Program Development Branch Mr. Timothy V. Rountree, P.E., Structure Design Unit Mr. D.R. Henderson, P.E., Hydraulics Unit Mr. Benton G. Payne, P.E., Division 10 Engineer Mr. Elmo Vance, PD&EA ' h m i-- m w W J W W O F-- z u I II QZQ w I u III ' _ ??7<3 I I I w l3 w 9 oz o rr q, t ?? 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SL n 133HS `6-fl 1IV130 33S '(ww00ZL) / 31OHNVW H3M3S 313HONOO 1SV03Hd l xn13'IVYM3IS NN9009 9 OIUM SrnOK '9L+OL -V1S „H„ 31OHNVW 03SOdO)Jd 4/b / -VdWLb'Z Od '3d: WWAS TO w0007 -AO M 03SOd01 1N3W1HVd30 ),lIlIln oun S3NIl H3M3S ONV H311 10/24/2000 15:27 9198518393 G&U RALEIGH rHuc nz SANITARY SEWER STREAM CROSSINGS PROJECT: U-25124 COUNTY: MECKLENBURG STATE ROAD: NC 49 STA. 6 5+ 85 -L- R T. { l }.,.. { 1. l., 1 I 1 I 1 .. . I I + i 1{ I X 1 1 T_T.4...- a ..i .!...1..I ! .1 77 Ott I 1 - 1 y r A ..•r ? .. . • .. . ... ... .. 1. .. ....... .. l.. 1.. ??• ...may.., , w.._1....,...... ......;....,,..,.. ,. _ ....I. .1 { I II ? - E L I 7 - T 1 l f j d+ I I 1 ? I• , { ..{ I I I. t I - ? 1 0 1 2 SURFACE AREA EXCAVATION = 1.4m' STA. 81+48 -L- LT. 1_L P.y. hti.. 'PI•- 4.44 , ;4 . I 1 I. , I I l l L awl- 4 .i . 1 4 . ... _. .._ 1_.1...1 .. ... ....{.. ... ._ _ .-.?.}.. }.... .. f"{_t .~ 14 1 i I I 1 _ ... .. ... .,. _ { L.I I .. ? I T ? j I I I 1 Q?'1 }J. 1 1 11 ... - ' _. .., ... .. ... T ; " ...1 1 1 1..1 I -1 4 I { 1 I... I , 1 1 1 1 44 T 7 .. I ... ?. ...1 ... ... .:...... .{ ._ 1. l...l.. I .A .. ..I { .1 , . 1, 1 f I_.{ ! I ?.../. : 1. 1 -2 -1 0 1 2 WAFACE AREA EXCAVATION a 1. em' SCALE: 1:50 R DD EE ,?..\lrrr JAMES B. HU NT'JR. ' GOVERNOR ILL HOLMAN t;SECRETARY Y rr'tn w.?w -wa? i4a Mr. Steve Lund NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY August 3, 2000 US Army Corps of Engineers 151 Patton Avenue i; Room 143 Asheville, North Carolina 28801-5006 Dear Mr. Lund: Subject: Project Name: NCDOT TIP #: U-2512A County: Mecklenburg The purpose of this letter is to notify you that the North Carolina Wetlands Restoration Program (NCWRP) will accept payment for stream impacts associated with the subject project in accordance with the Memorandum of Understanding between the North Carolina Department of Environment and Natural Resources and the U.S. Army Corps of Engineers dated November 4, 1998. Based on information supplied by the applicant in a letter dated July 10, 2000 an application requesting authorization to impact 371 linear feet of stream channel has been submitted for the subject project. The NCWRP will provide mitigation as specified in the 401 Water Quality Certification and/or Section 404 permit (up to 742 linear feet of stream restoration) for impacts associated with the subject project in Cataloging Unit 03050103 of the Catawba River basin. If you have any questions or need additional information, please contact Crystal Braswell at (919) 733-5208. Sincerely, /?? CW4;??L_ Ronald E. Ferrell, Program Manager REF/cvb cc: John Domey, 401 Unit William Gilmore, NCDOT file ?r?sr IN AMGIIa. A 2 0 1 0 WETLANDS RESTORATION PROGRAM 1619 MAIL SERVICE CENTER, RALEIGH. NC 27699-1 6 1 9 website: h2o. enr. state. nc. us PHONE 919-733-5208 FAX 919-733-5321 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER U-2512A Subject: U-2512A Date: Mon, 31 Jul 2000 16:09:07 -0400 From: Chris Murray <cmurray@dot.state.nc.us> Organization: North Carolina Department of Transportation To: Cynthia Van Der Wiele <cynthia.vanderwiele@ncmail.net> Re: U-2512A, Proposed widening of NC 49 from Buster Boyd Bridge at the NC-SC State Line to Moss Rd. in Mecklenburg County. DWQ Project No. 00-0577 USACE Action IDS 200030933-200030942 Cynthia, I have a concern pertaining to the 401 Water Quality Certificate issued by the DWQ on June 13, 2000. It concerns a condition that states all culverts must be installed at least one foot below the channel bed so as to allow passage of water and aquatic life. As you may be aware, after we receive the 401 WQC (and conditions), we forward the conditions to the appropriate NCDOT Branch or Unit that would be responsible for that action. I forwarded the 401 WQC info to Hydraulics and was informed by Marshall Clawson that Site 8 does not conform to the above mentioned condition. Site 8 crosses Walker Branch, and the NCDOT proposed to remove the existing culvert and replace with a new culvert. The following information outlines the site: The existing culvert is undersized, which likely caused a significant-sized scour hole to be present at the existing outlet. This has resulted in a perched outlet. The stream slope at the site is 0.65%. Hydraulics anticipates that the scour hole will fill with natural substrate. Hydraulics examined the site, and based on the slope and scour hole, the appropriate level of the new inlet is to be buried 0.5 feet. The USACE has a similar special condition, which states that the culvert should be buried approximately one foot below the bed of the stream. I emailed the information concerning Site 8 today to Steve Lund (the USACE rep for this project). Steve replied back that he did not have any particular concern over this site. He stated that 0.5 foot at one site that has special circumstances is close enough and would not warrant a permit modification. I am providing this information to determine if I need to request a 401 WQC permit modification. I realize that the condition states that the culvert be buried one foot. Please provide guidance at your earliest convenience. Thanks for all of your help. Chris Murray (919) 733-7844 x 304 1 of 2 8/2/00 4:03 PM U-2512A Chris Murray <cmurray@dot.state.nc.us> Env. Biologist II Project Development & Environmental Analysis 2 of'2 8/2/00 4:03 PM MEMORANDUM TO: John Dorney Non-Discharge Branch Regional Contact: Pete Colwell WO Supervisor: Rex Gleason Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name NCDOT -- NC 49 Widening U-2512A County Mecklenburg Project Number 00 0577 County2 Recvd From DOT Region Mooresville Received Date 511100 Recvd By Region 5/16/2000 Project Type road widening Certificates Stream Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. 14 HWF WT O N ? 11-137-10- F c 30,834. 0.24 1,080.00 Mitigation Wetland MitigationType Type Acres Feet Stream WRP Stream 234.00 F_ I F_ Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? 9 Y 0 N Recommendation: 0 Issue * Issue/fond 0 Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: cts (148 ft and 56 ft) for these Stream mitigation should also he required for sites 4 and 7. The *m p a sites are on the same tributary to Walker Creek ?An additional 204 ft at 2:1 ratio makes an additional 408 ft of mitigation needed i25 4o8 167 33zl 17-5 6 6 2-0,q b .4oe, 2,4 2- S 1 U v v TTa z cc: Regional Office Central Office Page Number 1 Facility Name NCDOT -- NC 49 Widening U-2512A Project Number 00 0577 Comments (continued from page 1): County Mecklenburg Regional Contact: Date: Pete Colwell 6/2/2000 cc: Regional Office Page Number 2 Central Office The permit application proposes 1,080 linear feet of impacts to streams. Based on the aforementioned information, 742 linear feet of stream mitigation is required for the proposed project. We understand that you have chosen to contribute to the Wetland Restoration Program, and that the WRP has agreed to implement mitigation for the project. In accordance with 15A NCAC 2R.0500, this 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. You have two months from the date of this Certification to make the payment. For accounting purposes, this Certification authorizes the fill of 1,080 linear feet of stream in the Catawba River Basin in Cataloging Unit 030834. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-9646. Sincerely, Attachment Pc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Mooresville DWQ Regional Office Central Files Stevens State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary NCDENR Kerr T. Stevens, Director June 13, 2000 Mecklenburg County DWQ Project No. 00-0577 NC 49 APPROVAL of 401 Water Quality Certification with Additional Conditions Mr. William D. Gilmore, P.E., Manager Planning and Environmental Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh, NC 27699-1548 Dear Mr. Gilmore: You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.24 acres of wetlands and 1,080 linear feet of streams for the purpose of widening NC 49 from Buster Boyd Bridge at the NC-SC State Line to SR 1122 (Moss Road) in Mecklenburg County. The project should be constructed in accordance with your application dated 17 April 2000 (received 1 May 2000). After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3103. This certification corresponds to the Nationwide Permit Number 14 issued by the Corps of Engineers. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit, unless otherwise specified in the Water Quality Certification. The following additional conditions will be required: 1. The double culverts shall be installed in such a manner that the original stream profile is not altered (i.e. the depth of the channel should not be reduced by a widening of the stream bed). 2. All culverts shall be installed at least one foot below the channel bed so as to allow passage of water and aquatic life. 3. All work shall be performed during low flow conditions. 4. Care must be utilized such that live (wet) concrete does not enter the stream channel. 5. The presence of equipment in the channels must be minimized. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the 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. Since the proposed fill is in excess of 150 linear feet of stream length (Sites 4 and 7 impact the same tributary with 204 linear feet of impact and Site 8 has 167 linear feet of stream impact), compensatory mitigation is required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Telephone 919-733-5083 FAX 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper PAYMENT ti RECEIVED STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. RO. BOX 25201. RALEIGH. N.C. 2761 1-5201 DAVID MCCOY GOVERNOR SECRETARY April 17, 2000 U.S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 143 Asheville, NC 28801-5006 0005 77 Attention: Mr. Steve Lund NCDOT Coordinator Subject: Proposed widening of NC 49 from Buster Boyd Bridge at the North Carolina-South Carolina State Line to Moss Road (SR 1122) in Mecklenburg County. TIP No. U-2512A, State Project No. 8.1673502, Federal Aid Project No. STP-49(4). 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 application is to address impacts associated with Section A, which involves the widening of NC 49 from the Buster Boyd Bridge at the North Carolina- South Carolina state line to Moss Road (SR 1122) in Mecklenburg County, a total distance of 8.0 km (5.0 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. A public hearing was held on October 20, 1994 to inform the public of the study findings and to give the public an opportunity to express their views. The majority of the comments focused on the proposed medians. Business and emergency services were concerned with access. Adjacent property owners were concerned with aesthetics. Alternatives Considered (see Environmental Analysis) . In Section A of the project, 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. Recommended Alternative (see Finding of No Significant Impact) The NCDOT intended to construct the alignment recommended in the Environmental Assessment. The recommended improvement in Section A was a four- lane rural roadway separated by a depressed median. Since the FONSI, it was decided to construct a 4-lane divided curb and gutter with a 30-foot raised median in Section A. This would provide continuity along the NC 49 Corridor from the Buster Boyd Bridge at the North Carolina-South Carolina state line to the Western Charlotte Outer Loop. Additionally, bicycle lanes have been added along NC 49 within the limits of the project that were not deemed necessary per the EA. 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. 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 Let Date A Buster Boyd Bridge at the South Carolina line to Moss December 2000 Road (SR 1122) AA Intersection realignment of NC 49, SR 1116 and SR May 1999 1109 BA Moss Road (SR 1122) to Charlotte Western Outer Loop April 2000 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 North Carolina-South Carolina line to Moss Road and is scheduled to be let on December 19, 2000. NCDOT will require permits in this section for impacts to wetlands and 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 was let on May 18, 1999. There were no stream or wetland impacts associated with this project; therefore, it did not require a permit. Section BA involves the widening of NC 49 from Moss Road (SR 1122) to Charlotte Western Outer Loop and is scheduled to be let on April 18, 2000. NCDOT has received Section 404 and Section 401 permits for this section for impacts to surface waters (see USACE Action ID No. 199930586). 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 November 17, 1998, and is expected to be completed on May 29, 2001. It is the opinion of the NCDOT that Section A 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 criteria of "independent utility" as defined by the FHWA. Jurisdictional Status Construction of the proposed project will necessitate impacts to waters of the United States. Surface waters will be affected by the extension of culverts and pipes at stream crossings and stream relocation. Wetlands will be affected by the placement of fill, excavation and mechanized clearing (10 ft beyond construction limits). The North Carolina Division of Water Quality (NCDWQ) has provided guidance to differentiate between perennial streams, intermittent streams, and stormwater channels. These guidelines are presented in Field Location of Streams, Ditches, and Ponding (NCDENR, 1997). Wetland delineations were conducted using the field delineation method outlined in the 1987 Corps of Engineers Wetland Delineation Manual (Environmental Laboratory, 1987). Jurisdictional stream determinations and wetland delineations for Section A were conducted at the site by NCDOT Natural Systems Specialist Chris Murray on August 10, 1999 and September 7, 1999 and verified by USACE field representative Steve Lund on September 22, 1999. Mr. John Hennessy (NCDWQ) and David Cox (North Carolina Wildlife Resources Commission) were provided the opportunity to visit the site on the same day; however, due to existing workload, they were unable to attend the site visit. Summary of Project Impacts There are a total of nine jurisdictional stream sites (Sites 1 through 8 and 10) and two jurisdictional wetland sites (Sites 6 and 9) in the project study area. Construction of the proposed project will result in 0.15 ac fill in wetlands, 0.02 ac excavation in wetlands, 0.07 ac permanent wetland impact due to mechanized clearing (using Method III, which is clearing 10 ft beyond construction limits), 0.13 ac fill in surface water (stream), 1,080 existing channel filled and 190 ft relocated channel. These sites are discussed below: Site 1 Station 12+55-L- This site will impact an unnamed perennial tributary to Lake Wylie. NCDOT plans to extend the existing pipe crossing and fill 115 linear feet of stream channel. An unidentified juvenile salamander was observed in the channel. Site 2 Station 18+00-L- A total of 226 linear feet of stream channel is identified at this site, which is a tributary to Lake Wylie. The channel on the south side of the project has been classified as a non- jurisdictional wet weather channel where there is a total of 88 linear feet of channel that will be impacted by project construction. The channel on the north side receives input from roadside runoff and is classified as a low flow intermittent stream. A total of 138 linear feet of channel is located on this side of NC 49. The stream on the north side of NC 49 was observed on August 10, 1999, September 7, 1999, September 22, 1999 and April 11, 2000. The stream flow appears to go underground in portions of the project limits. Aquatic life was not observed in this stream. NCDOT plans to extend the existing pipe crossing. Site 3 Station 35+16-L- This site will impact Porter Branch, a perennial stream. Aquatic invertebrates were observed in this stream. NCDOT plans to extend the existing pipe crossing and fill 98 linear feet of stream channel. Site 4 52+72-L- This site will impact an unnamed perennial tributary to Walker Branch. Fish were observed in this system. NCDOT plans to remove the existing box culvert, replace with a box culvert and fill 148 linear feet of stream channel. Site 5 9+95-Y I I - This site will impact an unnamed intermittent tributary to Walker Branch. This site was observed on August 10, 1999, September 7, 1999 and September 22, 1999. The site was thought to be a wet weather channel until water was observed in the channel on the final site visit. NCDOT plans to extend the existing pipe and fill 89 linear feet of stream channel. Site 6 10+39 to 11 +20-Y I I - This site will impact an unnamed tributary to Walker Branch and a wetland. The stream and wetland were recently impacted during construction of a retail center. Impacts to the wetland at this site will occur from fill (0.06 ac), excavation (0.01 ac), and mechanized clearing (0.02 ac). NCDOT plans to remove the existing pipe and install a new pipe that will fill 121 linear feet of stream channel. Additionally, the channel will be relocated in the wetland for a total of 56 linear feet. This segment of relocated channel is too short to create meanders. However, the base of the relocated channel will be constructed to match the existing base to maintain existing depth of water. The banks of the relocated channel will be revegetated, where feasible, with similar forest species that naturally occur adjacent to the project site. Site 7 20+61-Y ] ] - This site will impact a perennial tributary to Walker Branch. Fish and aquatic invertebrates were observed in this system. NCDOT plans to remove the existing box culvert and replace it with a double barreled box culvert. A sill will be added to the inlet to direct low flow through one barrel. A total of 56 linear feet of stream channel will be filled at this site. Site 8 65+78-L- This site will impact Walker Branch. Fish and aquatic invertebrates were observed in this system. NCDOT plans to remove the existing box culvert and replace with a double barreled box culvert. A sill will be added to the inlet to direct low flow through one barrel. A total of 167 linear feet of stream channel will be filled at this site. Additionally, the channel will be relocated for a total of 79 linear feet. This segment of relocated channel is too short to create meanders. However, the base of the relocated channel will be constructed to match the existing base to maintain existing depth of water. The banks of the relocated channel will be revegetated, where feasible, with similar forest species that naturally occur adjacent to the project site. Site 9 10+39 to 11+20-Y11- This site will impact a wetland and a non jurisdictional channel. The channel was classified as a wet weather channel. Impacts to the wetland at this site will occur from fill (0.08 ac), excavation (0.01 ac), and mechanized clearing (0.05 ac). Site 10 81+40-L- This site will impact Polk Ditch. Fish and aquatic invertebrates were observed in this system. NCDOT plans to remove the existing box culvert, replace with a new box culvert and fill 148 linear feet of stream channel. Additionally, the channel will be relocated in the wetland for a total of 56 linear feet. This segment of relocated channel is too short to create meanders. However, the base of the relocated channel will be constructed to match the existing base to maintain existing depth of water. The banks of the relocated channel will be revegetated, where feasible, with similar forest species that naturally occur adjacent to the project site. Impacts to this project (Section A) are summarized in Table 2 and outlined in the summary sheet (Sheet 3 of 15). 6 1*1 r?P rcp t" i b e E- rcp Lbo? yb?{- rcp t bob Table 2. Impacts to Waters of the U.S. Site Station Type Fill, excavation and Mechanized Clearing' in Wetlands Existing- Channel Filled' Relocated Channel I 12+55-L- Perennial Stream 115 ft 2 18+00-L- Intermittent Stream' 138 tt 3 35+16-L- Perennial Stream 98 ft 4 52+72-L- Perennial Stream 148 ft 5 9+95-YI I- Intermittent Stream 89 ft 6 10+39-11+20-YI I- Perennial Stream and Wetland 0.09 ac 121 ft 56 ft 7 20+61-Y11- Perennial Stream 56 ft 8 65+78-L- Perennial Stream 167 ft 79 ft 9 75+02-75+43-L- Wetland 0.14 ac 10 81+40-L- Perennial Stream' 148 ft 56 ft TOTALS 0.24 ac (rounded) 1080 ft 190 ft (rounded) Notes: 1. Mechanized Clearing utilizing Method III. 2. Total jurisdictional streams. 3. A non jurisdictional wet weather channel is located on the south side of the project and an intermittent stream is located on the north side of the project. 4. A non jurisdictional wet weather channel is located at Site 9 Endangered Species 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 Endangered Species Act. As of December 20, 1999, five protected species are listed for Mecklenburg County. They include bald eagle (Haliaeetus leucocephalus) which is Endangered and Carolina heelsplitter (Lasmigona decorata), smooth coneflower (Echinacea laevigata), Schweinitz's sunflower (Helianthus schweinitzii), and Michaux's sumac (Rhus michauxii) which are Threatened. Attached is the most recent protected species update for the project, which addresses federally- protected species involved with the construction of the project and serves to update previously submitted documents. Biological Conclusions of No Effect for the Carolina heelsplitter, smooth coneflower, Schweinitz's sunflower and Michaux's sumac were resolved in the EA and Protected Species Update (NCDOT, September 25, 1998). The 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 habitat and the lack of viable mussel populations in the project study area. The bald eagle was recently listed for Mecklenburg County. Dr. Richard O. Bierregaard, Jr. (Adjunct Assistant Professor, UNC-Charlotte) and Mr. Gene Vaughn (Sr. Scientist, Duke Energy Corporation and Chairman of the North Carolina Wildlife Resource Commission Non-game Committee) were contacted on February 3. February 4. and April 12. 2000 for information concerning bald eagle activity in Mecklenburg County. Last year, a mature and immature bald eagle constructed an incomplete nest located to the north of the Catawba Nuclear Power Plant on Lake Wiley in Clover. South Carolina. More specifically, the nest is located adjacent to a bay of Lake Wiley north of the Catawba Nuclear Power Plant landfill. The site of the incomplete nest is located approximately 5.2 km (3.2 mi) from the proposed NC 49 project. The nest was constructed in a tall white pine (Pinus strobus) tree that had the top broken out. Mr. Vaughn visited the Buster Boyd Bridge on February 3, 2000 and observed bald eagles foraging in the area. On April 12, 2000 Mr. Vaughn stated that there are no good nesting sites in the vicinity of NC 49 near the Buster Boyd Bridge in North Carolina and the widening of NC 49 would not impact the bald eagle. A survey for bald eagle and their associated nests was conducted in the project vicinity on April 11, 2000 by NCDOT Natural Systems Specialists Chris Murray, Matt Haney and Jill Holmes. No bald eagles or their nests were observed during the site visit. NCDOT concludes that the construction of this project will not affect the bald eagle. Cultural Resources An Architectural Resources Survey was performed to identify properties within the project study area listed in or eligible for the National Register of Historic Places. Seven properties within the Area of Potential Effect (APE) were evaluated to determine their eligibility for listing in the National Register of Historic Places (NRHP). The McDowell House and the Frank Watt House were found to be eligible for the NRHP. The remaining properties were assessed as not eligible for inclusion into the NRHP. This evaluation was verified by the State Historic Preservation Officer by letter dated December 10, 1993. The sites eligible for the NRHP are not located in the project limits of U-2512A. The Deputy State Historic Preservation Officer (SHPO), in a letter dated October 13, 1992, stated that there are no known archaeological sites within the proposed project area. The Deputy SHPO further commented that based on present knowledge of the area, it is unlikely that any archaeological resources that may be eligible for inclusion in the NRHP will be affected by construction of the project. The SHPO recommended that no further archaeological investigation be conducted in connection with the NC 49 widening project. Section 4(f) Lands McDowell Park and Nature Preserve is located on NC 49 between McDowell Park Road and Shopton Road. The park is roughly 900 acre in size and offers a variety of active and passive recreational activities. The EA stated that the proposed project would not impact McDowell Park and Nature Preserve since the widening of NC 49 in this area occurs along the opposite side of NC 49. However, a temporary construction easement would be required at the park entrance to tie the existing drive to the proposed easement. Since the EA, the design was revisited in order to improve the alignment in the vicinity of McDowell Park and reduce impacts to residential properties located across from the park. This revised design would require approximately 0.42 acre in permanent right-of-way and 1.14 acre in temporary construction easements. A Final Nationwide Section 4(F) Evaluation And Approval For Federally-Aided Highway Projects With Minor Involvement With Public Parks, Recreation Lands, and Wildlife and Waterfowl Refuges was completed on December 9, 1999. It was concluded that there were no feasible or prudent alternatives which avoid use of the Section 4(f) land. The project includes all possible planning to minimize harm and there are assurances that the measures to minimize harm will be incorporated in the project. A copy of this evaluation is included in this application. Mitigation The USACE adopted, through the Council on Environmental Quality (CEQ), a mitigation policy that embraces the concept of "no net loss" and sequencing. The purpose of this policy is to restore and maintain the chemical, biological, and physical integrity of the Waters of the United States. Mitigation of wetland and surface water impacts has been defined by the CEQ to include: avoiding impacts, minimizing impacts, rectifying impacts, reducing impacts over time, and compensating for impacts (40 CFR § 1508.20). Executive Order 1 l 990 (Protection of Wetlands) and DOT Order 5660.1 A (Preservation of the Nations Wetlands), emphasize protection of the functions and values provided by wetlands. These directives require that new construction in waters of the U.S. be avoided as much as possible and all practicable measures are taken to minimize or mitigate impacts to waters of the U.S. The NCDOT is committed to incorporating reasonable and practicable design features to avoid and minimize wetland and surface water impacts, and to provide full compensatory mitigation of remaining wetland and surface water impacts. Avoidance measures were taken during the planning and EA/FONSI phases; minimization measures were incorporated as part of the project design. Avoidance All wetland and surface water areas not affected by the project will be protected from unnecessary encroachment. No staging of construction equipment or storage of construction supplies will be allowed in wetlands or near surface waters. Avoidance was employed by widening the existing NC 49 and avoiding roadway construction on new location. Minimization Minimization includes the examination of appropriate and practicable steps to reduce the adverse impacts. Minimization techniques were implemented as follows: Slopes: In wetlands the side-slopes have been steepened to the extent possible. Best Management Practices: Strict enforcement of sedimentation and erosion control Best Management Practices (BMP) for the protection of surface waters and wetlands. Ditching: It is the policy of the NCDOT to eliminate lateral ditching in wetlands as much as possible, thus preserving the hydrology of adjacent wetlands. 4. Rip Ra : The NCDOT Hydraulics Unit has reduced the amount of rip rap at Site 4 and Site 10. Compensation Mitigation is generally accomplished through a combination of methods designed to replace wetland functions and values lost as a result of construction of the project. Compensation may take the form of mitigation banking, contributions to wetland trust funds, or replacing lost wetland functions and values on-site. Replacing lost wetland functions and values may be accomplished through creating, restoring, enhancing, or preserving similar functions and values in constructed or improved wetlands. When practicable, replacement wetland standards are to provide new wetlands either preceding the wetland losses or concurrently with the losses so that wetlands are functioning at all times during the construction process. The NCDOT understands that stream mitigation will be required for Site 8 based on current NCDWQ guidelines regarding impacts to perennial streams greater than 150 feet. Accordingly, NCDOT will mitigate for stream impacts located at Site 9, where stream impacts are .167 linear ft. This stream is stable and has more than minimal function. Therefore, NCDOT proposes a 2:1 mitigation ratio for this site. NCDOT intends to utilize the North Carolina Wetland Restoration Program to provide mitigation for stream loss at the project. If this is accepted, NCDOT proposes to pay $41,750 to the WRP (at $125 per foot of impact at a 2:1 ratio) for compensatory stream mitigation. Environmental Commitments Several environmental commitments were developed through project development and design and subsequently presented in the FONSI. Commitments pertinent to Section A are summarized below: (1) Further coordination with the Division of Parks and Recreation will be required with regard to reestablishing pre-construction conditions at McDowell Park. Bicycle lanes have been added along NC 49 within the limits of Section A that were not deemed necessary per the EA. Since the EA, the design was revisited in order to improve the alignment in the vicinity of McDowell Park and reduce impacts to residential 10 properties located across.from the park. This revised design would require approximately 0.42 acre in permanent right-of-wqj, and 1.14 acre in temporary construction easements. This is addressed above in Section 4(l) Lands. (2) Further coordination with regard to the involvement of properties with possible contamination of hazardous materials will be required during final design. Initial investigations involved four sites along the project. The results indicate that minor contamination may be anticipated at three of the sites. According to preliminary plans the underground storage tanks do not appear to be in the proposed right-of-way. Location of the underground storage tanks on the fourth site is uncertain at this time. Seven parcels of concern were identified by Geotechnical Unit in November 1998. Recommendations were made to the Right of Way Branch. No UST sites had to be removed therefore this commitment has been resolved and completed. . (3) Coordination with the city and county will be continued during the final design of the project to ensure compliance with local ordinances regarding effects on the flood plain. This coordination has been completed as part of the final hydrological plans. (4) Culverts and culvert extensions will be constructed to prevent wet concrete from contacting water entering or flowing in the streams. This will be handled as part of the contract specifications and will be the responsibility of the contractor and Resident Engineer to ensure wet concrete does not contact stream water. Summary Application is hereby made for a Department of the Army Section 404 Nationwide Permit 14 for Sites 1 through 10 as required for the above-described activities. We anticipate a Section 401 Water Quality Certification will apply to this project, and are providing seven copies of the application to the North Carolina Department of Environment and Natural Resources, Division of Water Quality. In addition, in compliance with Section 143-215.3D(e) of the NCAA we have enclosed a check for $200.00 to act as payment for processing the Section 401 permit application. Construction of the proposed project will result in 0.15 ac fill in wetlands, 0.02 ac excavation in wetlands, 0.07 ac permanent wetland impact due to mechanized clearing (using Method III, which is clearing 10 ft beyond construction limits), 0.13 ac fill in surface water (stream), 1,080 existing channel filled and 190 ft relocated channel. 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., 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 Mr. Mark Cantrell, USFWS Mr. John Alford, P.E., Roadway Design Mr. Calvin Leggett, P.E., Planning and Programming Ms. Debbie Barbour, Design Services Mr. A. L. Hankins, P.E., Hydraulics Mr. Tim Rountree, Structure Design Mr. B.G. Payne, P.E., Division 10 Engineer DEM ID: CORPS ACTION ID: TIP No. U-2512A NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): NWP 14 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): (WORK): (919)733-3141 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 from the Buster Bovd Bridge at the North Carolina-South Carolina State Line to Moss Road (SR 1122). 6. IMPACTED OR NEAREST STREAM/RIVER: UT Lake Wylie, Porter Branch, UT Walker Branch, Walker Branch and Polk Ditch. 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[ ] NOW 27611 (IF DIFFERENT 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? 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) and U-2512BA (USACE Action ID No. 199930586 and DWQ No. 990248). 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [ ] NO [X] IF YES, DESCRIBE ANTICIPATED WORK: 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: 0.15 ac EXCAVATION: 0.02 ac FLOODING: OTHER: Mechanized Clearing of 0.07 ac DRAINAGE: TOTAL ACRES TO BE IMPACTED: 0.24 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): FT WIDTH AFTER: FT AVERAGE DEPTH BEFORE: 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: X 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): Impacts to wetlands could not be avoided based on project need and scope. Project involved widening existing roadway, thus reducing impacts to waters of the U.S. NCDOT Hydraulics Unit has reduced the amount of rip rap at Site 4 and Site 10. 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 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 (919) 733-6369. 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS: 4 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 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 TEE 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 DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18g.)) m z O V ce D co z W J 0, V Z W U :::E ?' O O M co oa N r- LO N 0 0 CHARLOTTE OUTER NMOHS 31Va JO SV 31Van:):)V 3w S1SOJ ONV S31nC]3H:)S 03rou a,,. sun o? STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. AUNT JR GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 DAVID MCCOY SECRETARY March 17, 2000 Memorandum To From: Leigh Lane, Project Engineer Consultant Engineering Unit Chris Murray, P.W.S. Natural Systems Unit Subject: Construction Consultation: Widen NC 49 (South Tryon St.) from Buster Boyd Bridge at the South Carolina State Line to Moss Road (SR 1122) in Mecklenburg County. TIP No. U-2512A; State Project No. 8.1673501; Federal Aid Project STP-49(2). References: 1. Environmental Analysis (NCDOT, June 27, 1994) 2. Finding of No Significant Impact (NCDOT, November 23, 1994) 3. Protected Freshwater Mussel Investigation (NCDOT, June 24, 1994) 4. Water Resources and Protected Species Review (NCDOT, September 25, 1998) The North Carolina Department of Transportation (NCDOT) proposes to widen NC 49 from the Buster Boyd Bridge at the North Carolina-South Carolina state line to Moss Road 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 project and serves to update the previously submitted documents. Water Resources The project is located in the Catawba River Basin. Reference documents 1 and 4 incorrectly identify jurisdictional streams in the project study area. Based on a review of the documents and several field visits, nine jurisdictional streams are located in the project study area. Streams crossed by the project include an unnamed tributary to Lake Wylie, Porter Branch, unnamed tributary to Walker Branch, Walker Branch and Polk 2 Ditch. 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 tributary. The Best Usage Classification and corresponding DWQ index number of these streams are outlined in Table 1. 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. Table 1. Stream information. Water Body Best Usage Classification DWQ Index Number Lake Wylie WS-V&B 11-(123.5) Porter Branch C 11-133 Walker Branch C 11-137-10-1 Polk Ditch C 11-137-10-1-1 Federally-protected Species 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 Endangered Species Act. As of December 20, 1999, five protected species are listed for Mecklenburg County. They include bald eagle (Haliaeetus leucocephalus) which is Endangered and Carolina heelsplitter (Lasmigona decorata), smooth coneflower (Echinacea laevigata), Schweinitz's sunflower (Helianthus schweinitzii), and Michaux's sumac (Rhus michauxii) which are Threatened. A Biological Conclusion of No Effect for the Carolina heelsplitter was resolved in the Protected Freshwater Mussel Investigation. NCDOT Protected Species Coordinator Tim Savidge reported that all streams were significantly degraded by sedimentation, point and non-point discharges and pollution. Viable mussel populations were not present in any of the streams crossed by the project. Tim Savidge has recently informed me that this. Biological Conclusion remains valid. A Biological Conclusion of No Effect for Schweinitz's sunflower was resolved in the EA based on field surveys of suitable habitat which revealed no individuals of this species in the project study area. The USFWS concurred with these determinations in a letter dated August 30, 1994. Biological Conclusions of No Effect for smooth coneflower and Michaux's sumac were resolved in the Water Resources and Protected Species Review. These conclusions were rendered based on field surveys of suitable habitat, which revealed no individuals of these species in the project study area. (Note: these surveys were done in September 1998 by NCDOT Biologist Dale Suiter. No populations of Schweinitz's sunflower were observed during the surveys for smooth coneflower and Michaux's sumac.) A brief description the characteristics and habitat of the bald eagle and a Biological Conclusion follows. 3 Haliaeetus leucocephalus (bald eagle) Animal Family: Accipitridae Date Listed: March 11, 1967 Adult bald eagles can be identified by their large white head and short white tail. The body plumage is dark-brown to chocolate-brown in color. In flight bald eagles can be identified by their flat wing soar. Eagle nests are within a half mile to open water with a clear flight path to the water, in the largest living tree in an area, and having an open view of the surrounding land. Human disturbance can cause an eagle to abandon otherwise suitable habitat. The breeding season for the bald eagle begins in December or January. Fish are the major food source for bald eagles. Other sources include coots, herons, and wounded ducks. Food may be live or carrion. Biological Conclusion:. No Effect This project involves the widening of NC 49 and actually originates to the east of the Buster Boyd Bridge. Therefore, this project does not involve construction over Lake Wylie. Several streams are located in the project study area of Section A; however, these water bodies are too small to provide suitable foraging and/or nesting habitat for the bald eagle. ?? Dr. Richard O. Bierregaard, Jr. (Adjunct Assistant Professor, UNC-Charlotte) and Mr. Gene Vaughn (Sr. Scientist, Duke En gy Corporation and Chairman of the North Carolina Wildlife Resource Commission on-game(&tnmittee) were contacted on February 3 and 4, 2000 for information concerning bald eagle activity in Mecklenburg County. Last year, a mature and immature bald eagle constructed an incomplete nest located to the north of the Catawba Nuclear Power Plant on Lake Wiley in Clover, South Carolina. More specifically, the nest is located adjacent to a bay of Lake Wiley north of the Catawba Nuclear Power Plant landfill. The nest was constructed in a tall white pine (Pinus strobus) tree that had the top broken out. Mr. Vaughn visited the Buster Boyd Bridge on NC 49 at the North Carolina-South Carolina border on February 3, 2000 and observed bald eagles foraging in the area. However, Mr. Vaughn stated that there are no good nesting sites in the vicinity of NC 49 near the Buster Boyd Bridge in North Carolina and the widening of NC 49 would not impact the bald eagle. NCDOT csniends that construction of this project will not impact the bald eagle. co'.0 ju NORTH CAROLINA DIVISION FINAL NATIONWIDE SECTION 4(F) EVALUATION AND APPROVAL. FOR FEDERALLY-AIDED HIGHWAY PROJECTS WITH MINOR INVOLVEMENT WITH PUBLIC PARKS. RECREATION LANDS. AND WILDLIFE AND WATERFOWL REFUGES F. A. Project STP-49(2) State Project 8.1673501 T. I. P. No. U-2512A Description: NC 49, from Buster Boyd Bridge to Carowinds Boulevard Yes No I . Is the proposed project designed to improve the operational characteristics, safety, and/or physical condition of existing highway facilities on essentially the same location? X 2. Is the project on new location? X 3. Is the Section 4(f) land a publicly owned public park, recreation land, or wildlife and waterfowl refuge located adjacent to the existing highway? X 4. Does the amount and location of the land to be used impair the use of the remaining Section 4(f) land, in whole or in part, for its intended purpose? (See chart below) X Total size of Section 4(f) site Maximum to be acquired less than 10 acres 10 percent of site 10 acres-100 acres l acre greater than 100 acres 1 percent of site 5. Do the proximity impacts of the project (e.g., noise, air and water pollution, wildlife and habitat effects, aesthetic values) on the remaining Section 4(f) land impair the use of such land for its intended purposes? 0 Y 6. Do the officials having jurisdiction over the Section (4f) land agree, in writing, with the assessment of the impacts of the proposed project on, and the proposed mitigation for, the Section 4(f) lands'? X 0 Yes 7. Does the project use land from a site purchased or improved with funds under the Land and Water Conservation Act (Section 6(f)), the Federal Aid in Fish Restoration Act (Dingell-Johnson Act), the Federal Aid in Wildlife Act (Pittman-Robertson Act), or similar laws, or are the lands otherwise encumbered with a Federal interest (e.g., former Federal surplus property)? 8. If the project involves lands described in Item 7 above, does the appropriate Federal Agency object to the land conversion or transfer? 9. Does the project require preparation of an EIS? Yes X ALTERNATIVES CONSIDERED AND FOUND NOT TO BE FEASIBLE AND PRUDENT The following alternatives were evaluated and found not to be feasible and prudent: 1. Do nothing Does the "do nothing" alternative: a. correct capacity deficiencies? or b. correct existing safety hazards? or c. correct deteriorated conditions? and d. create costs, unusual problems, or impacts of extraordinary measure? 2. Imorovement of the highway without using the adjacent public park, recreational land, or wildlife waterfowl refuge. a. Have minor alignment shifts, changes in standards, use of retaining walls, etc., or traffic management measures been evaluated? b. The items in 2a would result in: (circle, as appropriate) 0 substantial adverse community impact No X X No 0 X X X X X X or (ii) substantial increased costs or unique engineering*, transportation, maintenance. or safety problems or (iv) substantial social, environmental, or economic impacts or (v) a project which does not meet the need or (vi) impacts, costs, or problems which are of extraordinary magnitude Yes No 3. Build an improved facility on new location without using the public park, recreational land, or wildlife and waterfowl refuge. (This would be a localized "run around.") X a. An alternate on new location would result in: (circle as appropriate) (i) a project which does not solve the existing problems o (ii) substantial social, environmental, or economic impacts o (iii) a substantial increase in project cost or engineering difficulties or O)V such impacts, costs, or difficulties of truly unusual or unique or extraordinary magnitude MINIMIZATION OF HARM Yes No 1. The project includes all possible planning to minimize harm. X 2. Measures to minimize harm include the following: (circle those which are appropriate) a. Replacement of lands used with lands of reasonably equivalent usefulness and location and of at least comparabie ?aiue. b. Replacement of facilities impacted by the project including sidewalks. paths, benches, lights, trees, and other facilities. c. Restoration and landscaping of disturbed areas. d. Incorporation of design features and habitat features, where necessary, to reduce or minimize impacts to the Section 4(f) property. e. Payment of the fair market value of the land and improvements taken or improvements to the remaining Section 4(f) site equal to the fair market value of the land and improvements taken. Additional or alternative mitigation measures as determined necessary based on consultation with the officials having jurisdiction over the parkland, recreation area, or wildlife or waterfowl refuge. A discussion of specific mitigation measures is provided as follows: 14 foot outside lanes to accommodate bicycle traffic sufficient area to accommodate sidewalks re-vegetation of the temporary construction easement replacement of the park-preserve entrance sign aesthetic improvement of the entrance which includes for plantings at the park entrance lighting at the park entrance compensation for the value of the land taken for both the permanent right-of-way and the temporary construction easement COORDINATION The proposed project has been coordinated with the following (see Attachment A): a. Officials having jurisdiction over the Section 4(f) Land x c. US Coast Guard / (for bridges requiring- bridge permits) d. DOI. if Section 6(t) lands are involved SUMMARY AND APPROVAL The project meets all criteria included in the programmatic 4(f) evaluation approved on December 23, 1986. All required alternatives have been evaluated and the findings made are clearly applicable to this project, There are no feasible or prudent alternatives which avoid use of the Section 4(f) land. The project includes all possible planning to minimize harm, and there are assurances that the measures to minimize harm will be incorporated in the project. All appropriate coordination has been successfully completed. Approved: Ate D to z/ ql Date Manager, Project NCDOT 1--v FHWA • & ; _, & Environmental Analysis Branch NO PRO 1 U-2512 Lit T NIPS U-2512A I 49 - cAO?p??aP ? .p f?2 aO? J ? ? i i VICINITY MAPS N. C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS MECKLENBURG COUNTY PROJECT: 8.1673501 (U-2512A) NC 49 FROM BUSTER BOYD BRIDGE TO MOSS ROAD (SR 1122) o Q z d b v w x ? U ? w O 0 X C7 ,??, F O O ?f1 \.\ 0 C2: o a w F" 06 O A `O .r O Cl. ?P?G? w o z w o C o I I- `A `N u LT.. ? EO" N J L) ? = w > o w F lrr V n• z ? ? W W /... w N _ ? N N 0 C) A\ cr 'S V) cr LLJ ? J2 N m w v~i G Lo o? a ? U ? 2 ? O ?- - Q U N cr- to w - w ~ U U1 ?l - LL.J ai m - cr d C _ C E O M N r O () Co L M (D N (7 N C W U N N y H Q 0 m E 0 0 0 0 0 ^ o N a a ?U f W C c E M ' G N tn co r, Q N A LL N CD P N cn Q W U W ? Q f n U. C O L N in C m L a S to O Pf S CO O c7 O m O m S fD O N O 0 S CD O ? .Z O O O O O O O O O O O lL v N C L M L O O O ? U ? 0 0 0 m d C to C H y a/ a A M > L R O N O O1 S Q m x C O O Z W C cn LU 3r LL: = a E m L H N C C N _ ? 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I I U2 1 i g ? g -l- 00+19 'd1S 3NI-IHOIVY4 o to , W u N 0 E 0 PROPERTY OWNERS Hugh William Close, Jr. Cart Stuart Vaughan 1 Peach Lane 13425 York Road Fort Mill, SC 29715 Charlotte, NC 28278 Carolina Centers Sarah Belk Gambrell P.O. Box 1003 300 Cherokee Road Charlotte, NC 28201 Charlotte, NC 28207 Raymond Lee James S. Knox 16546 Riverpointe Drive 6326 Cypress Creek Charlotte, NC 2827$ San Antonio, TX 78239 Lake Wylie Baptist Church Michael T. Bland 15700 Red Fez Club Road 14400 Steele Creek Charlotte, NC 28278 Charlotte, NC 28273 Mecklenburg County Clyde D. Armstrong 600 E 4th St., 11th F1 14522 Steele Creek Charlotte, NC 28202 Charlotte, NC 28273 Lee E. Carothers Rufus G. Neely Address Unknown Address Unkown Wilma Potts Price Corporation Frank Alexander Erwin 5011 S. Tryon Street 44 Mount Vernon Circle Charlotte, NC 28217 Dunwoody, GA 30338 Compton Contracting Co. James Conrad Price P.O. Box 7424 11510 York Road Charlotte, NC 28241 Charlotte, NC 28273 Parkis Bill Compton William M. Boyd, Jr. 13400 York Road 11115 York Road Charlotte, NC 28278 Charlotte, NC 28273 N, C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS MECKLENBURG COUNTY PROJECT: 8.1673501 (U-2512A) NC 49 FROM BUSTER BOYD BRIDGE TO MOSS ROAD (SR 1122) SHEET 15 OF 15 N d ? , STATE c>l' NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMFS 13. AUNT JR. 1548 MAIL. SFRVICI; LINTER, RALEIGI I. N.C. 27699-1548 DAVID MCCOY 60VI;RNOR SGCR1: FARY July 10, 2000 Mr. Ronald E. Ferrell, Director Wetlands Restoration Program N. C. Dept, of Environment and Natural Resources 437 N. I larrington St. Raleigh, NC 27603 Subject: Widen NC 49 (South Tryon St.) from the Buster Boyd Bridge at the South Carolina-North Carolina State Line to Moss Road (SR 1122) in Mecklenburg County. TIP No. U-2512A; State Project No. 8.1673501; Federal Aid Project STP-49(2); Hydrologic Cataloging Unit 03050103. Dear Mr. Ferrell: The North Carolina Department of Transportation (NCDOT) proposes to widen NC 49 from the Buster Boyd Bridge at the South Carolina-North Carolina State Line to Moss Road in Mecklenburg County. NCDOT applied for a series of Department of Army Section 404 Nationwide Permit 14s on April 17, 2000. There are a total of nine jurisdictional stream sites (Sites 1 through 8 and 10) and two jurisdictional wetland sites (Sites 6 and 9) in the project study area. Project construction will necessitate impacts to waters of the United States including 0.15 acre fill in wetlands, 0.02 acre excavation in wetlands, 0.07 acre permanent wetland impact due to mechanized clearing (using Method III, which is clearing 10 feet beyond construction limits), 0.13 acre fill in surface water (stream), 1,080 feet existing channel filled and 190 feet relocated channel. The NCDOT requested a total of 334 linear feet of stream mitigation from the WRP for impacts at Site 8 (167 linear feet of actual stream impact at a 2:1 ratio) by letter dated April 17, 2000. The WRP notified the NCDOT that it would accept payment for these impacts by letter dated June 19, 2000. After a review of the Permit Application by the North Carolina Divison of Water Quality, it became apparent that NCDOT must also provide mitigation for stream impacts at Site 4 and Site 7. Sites 4 and 7 impact the same 2 tributary with 204 linear feet of impact. NCDOT must mitigate for these impacts at a 2:1 ratio. NCDOT requests concurrence from the North Carolina Wetlands Restoration Program (NCWRP) to accept payment for stream impacts associated with this project. Based on this revised request, NCDOT proposes to pay a total of $92,750 to the NCWRP (for 371 linear feet of impact at $125 per foot of stream impact at a 2:1 ratio) for compensatory stream mitigation. If you accept this revised 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 USACI? (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 and we apologize for this error. 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: cnuuray(c?dot.statc.uc.us. Sincerely, 7_. t2kl I Coo William Gilmore, P.F,., Branch Manager l 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 Cynthia Van Der Wiele, DWQ B. G. Payne, NCDOT Division Engineer, Division 10