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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
Ms. Marella Buncick
U.S. Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
Dear Ms. Buncick:
May 24, 2001

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LYNDO TIPPETT
SECRETARY
Subject: Re-initiation of Section 7 Consultation for the Carolina heelsplitter (Lasmigona
decorata), East Charlotte Outer Loop,. Mecklenburg County, Federal-Aid No.
MAF-117-1(3), TIP No. R-2123
On May 3, 2001, a meeting was held in the USFWS-Asheville Field Office to discuss the
subject project. As a result of this meeting, the scope of the re-initiation has become more
defined. The purpose of this letter is to summarize the meeting and update the direction of
the Consultation.
NCDOT has purchased the Greene property and is proceeding with an in-house design to
control the increased stormwater that discharges through the site as a result of the
construction of the East Charlotte Outer Loop (COL). The final plan is expected to be
completed by the end of June.and construction to begin this summer. The goal of the
mitigation site is to, at a minimum, reduce discharge of stormwater into Goose Creek to a
level comparable to the pre-construction conditions. This will be accomplished by creating
stormwater ponds within the Goose Creek floodplain. It is anticipated that this will solve the
immediate problem of increased stormwater discharge and severe erosion occurring. on the
Greene property.
NCDOT is also attempting to purchase conservation easements on the property immediately
opposite the Greene Site along Goose Creek. Specifically, NCDOT is contacting three
landowners in an attempt to purchase a 75-foot easement corridor measured from the center
of the creek. This easement will be approximately 800 feet in length. Representatives from
the Wildlife Resource Commission (WRC) have examined the creek in this area and agree
that it is suitable for restoration/ stabilization. NCDOT will continue to update the agencies
on the progress of this endeavor.
NCDOT will perform a data collection of the existing information regarding biological
monitoring that has been performed in Goose Creek in Mecklenburg County. The gathered
data will be compiled in an organized, easily referenced format for future reference.
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone] TRANSPORTATION BUILDING
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET
1548 MAIL SERVICE CENTER WEBSITE: WWW.DOH.DOT.STATE.NC.US RALEIGH NC
RALEIGH NC 27699-1548

One area of discussion that had not been discussed in detail previous to this meeting was the
need to re-examine the secondary impacts resulting from construction of the COL. It was
determined that the extent of these secondary impacts was beyond the scope of the meeting..
Therefore, NCDOT is in the process of scheduling another meeting to address these
concerns.
The research proposal from Dr. Craig Allan was distributed and discussed. There were
several questions regarding different aspects of the proposal that were deferred to the June
14, 2001 meeting with Dr. Allan. There was much discussion on expanding the third
component of the study, habitat assessment of stream reaches currently. occupied by the
Carolina heelsplitter. The meeting participants are currently discussing the extent of the
expansion and will confer with Dr. Allan at the June 14 meeting in order to reach a final
consensus.
It was agreed that deciding which mitigation measures will be best to off set the increased
stormwater runoff into the Goose Creek tributaries will be better understood once we have
the results of the research study. In addition, the results from re-examining the secondary
impacts will also need to be encompassed in the mitigation package. Therefore, NCDOT has
abandoned the original date of June 31, 2001 as the deadline for completing the Biological
Assessment. Instead, NCDOT will continue to proceed with the aforementioned activities
and continue close coordination with the agencies during the informal stage of the
Consultation.
The contact person for this project is Mr. Michael Wood at 919-733-1194. Please contact
him if you need additional information.
Sincerely,
,~ William D. Gilmore, P.E.
PDEA Branch Manager
cc: Steve Lund, USACE
Chris Gatchel, FHWA
Fred Lamar, NCDOT
John Alderman, WRC
Kate Pipkin, WRC
Maryellen Haggard, WRC
. Ron Linville, WRC
Cynthia Van De Weile, DWQ
Lany Thompson, DEO-Division 10
Charles Bruton, NCDOT-PDEA
Tim Savidge, NCDOT-PDEA
. Bruce Ellis, NCDOT-PDEA

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STATE OF NORTH CAROLINA _
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY - LYNDO TIPPETT
GOVERNOR .SECRETARY .
March 5, 2001
Ms. Marella Buncick
U.S. Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
Dear Ms. Buncick:
Subject: Reinitiation of Section 7 Consultation for the Carolina heelsplitter (Lasmigona
decorata), East Charlotte Outer Loop, Mecklenburg County, Federal-Aid No.
MAF-117-1(3), TIP R-2123
In a letter dated February 9, 2001, the USFWS.requested NCDOT to provide detailed
information regarding the course of action that NCDOT was taking to remediate the
problem with the increased storm water discharge into Goose Creek that has resulted
from construction of the East Charlotte Outer Loop (COL). Specifically, you requested
(1) a response from NCDOT regarding a solution to the immediate problem of storm
water runoff occurring on the property owned by Mr. and Mrs. Leon Greene and (2) a
biological assessment outlining this project and assessing the effect and specific actions
to offset the increases in storm water in the Goose Creek watershed.
As you are aware, we have had numerous meetings to discuss the immediate problem of
the flooding and resulting erosion on the Greene property. In a January 3, 2001
correspondence to USFWS, NCDOT stated that we were unable to create a design that
could even marginally reduce'the increased storm water flow entering the Greene
property. However, NCDOT did design a new channel that would more efficiently
transport the storm water through the property and. into Goose Creek, thereby reducing
the flooding and alleviating the head cutting and resulting erosion in the existing channel.
However, as detailed in a February 2, 2001. correspondence, just before construction was
to commence, the Greenes decided not to allow this work on their property.
NCDOT is now attempting to purchase the land from the Greenes who are very receptive
to the idea. The major benefit from this purchase is the opportunity to create a series of
pools and channels throughout the floodplain that will likely not only offset the increased
storm water from the-road construction, but possibly stabilize the area even more than the
pre-construction condition.
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone] TRANSPORTATION BUILDING
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET
1548 MAIL SERVICE CENTER WEBSITE: WWW.DOH.DOT.STATE.NC.US RALEIGH NC
RALEIGH NC 27699-1548

NCDOT has also made strides towards gathering information that will be required for the
Biological Assessment (BA). As reported to you in the February 2, 2001 correspondence,
NCDOT has quantified the storm water impacts throughout the project in the Goose
Creek basin. These impacts will be furthered detailed in the BA. However, how these
increases in storm water actually affect the creek is unknown, making it difficult to
outline an appropriate mitigation strategy. Therefore, NCDOT has requested the
assistance of Dr. Craig Allan from UNC -Charlotte to identify the effects of the increase
in storm water on Goose Creek.
Dr. Allan is in the Department Geography and Earth Sciences and specializes in surface
hydrology and biogeochemistry. NCDOT has met in the field with Dr. Allan and is
currently awaiting a proposal from him. While the exact details. and extent of the
proposal will still have to be developed, the research project will include long-term
monitoring of Goose Creek to determine the stability of the stream, an assessment of the
effect of the increased storm water on the streams stability, and an assessment of the
content of the storm water and its effect. on water quality.
NCDOT is also continuing to evaluate and consider other options to offset the impacts to
the creek. These include:
• Pending the outcome of the Greene proposal, obtaining conservation easements from
the landowners along Goose Creek and opposite the Greenes to perform bank
stabilization and restoration.
• Identifying areas where storm water control devices, such as wide terraced drainage
swales, similar to the one constructed adjacent to the COL crossing of Goose Creek,
can be installed.
• Identifying existing roads and drainage areas within the Goose Creek basin that can
be retrofitted such that storm water discharge into the creek can be dissipated.
• Gathering existing data on the pre-construction condition of Goose Creek to serve as
baseline data.
• Executing an additional agreement with the Wildlife Resource Commission to
provide stream restoration in the Goose Creek subbasin.
NCDOT will continue to work with the agencies to decide which of these options, based
on the outcome of the Greene acquisition and the extent of the research study, will be
necessary to provide an appropriate mitigation package that will be included in the BA.
NCDOT is aware of the precarious state of the Carolina heelsplitter and the immediate
need to reduce storm water flow that has resulted from the construction of the COL. The
most appropriate way to offset these impacts will be better understood once Dr. Allan
completes his research study. However, NCDOT realizes that a resolution to the problem
needs to be reached before the results of the research study are available.

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Therefore, NCDOT is setting June 30, 2001 as the completion date for the BA and will
continue close coordination with the resource agencies throughout this process. If you
need additional information, please contact Mr. Michael Wood at 919-733-1194.
Sincerely,
~'
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~f1l~tsl~j~'L~~ .~G~sI~CC
z~ l Len A. Sanderson, P.E.
State Highway Administrator
cc: Steve Lund, USACE
Chris Gatchel, FHWA
Fred Lamar, NCDOT
John Alderman, WRC
Cynthia Van De Weile, DWQ

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STATE OF NORTH CAROLINA
MICHAEL F. EASLEY
GOVERNOR
DEPARTMENT OF TRANSPORTA'T'ION
February 1, 2001
Ms. Marella Buncick
U.S. Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
DAVID 1vieC~oY
SECRETARY
Subject: Reinitiation of Section 7 Consultation for the Carolina heelsplitter (Lasmigona
decorata), East Charlotte Outer Loop, Mecklenburg County, Federal-Aid No. MAF-
~.~ax.,.
Dear Marella:
In a January 3, 2001 correspondence; NCDOT stated that they were planning to construct a new storm
water ditch on the Greene property. It was anticipated this ditch would alleviate the flooding that
construction of the Charlotte Outer Loop (COL) has created on the Greene property as well as help
control the accelerated erosion that has resulted from this flooding and is discharging into Goose
Creek. However, NCDOT was unable to reach an agreement with.the Greene's and have therefore
placed the project on hold.
NCDOT is aware that mitigation needs to be established to offset the additional impacts and is still in
the process of investigating various options to accomplish this goal as part of the Biological
Assessment (BA). One aspect of the BA is to quantify the additional discharge resulting throughout
the Goose Creek Subbasin that is a direct result from construction of the COL. NCDOT has
completed this portion of the study and has included this information with this correspondence.
NCDOT is committed to settling this issue as fast as possible and will continue to keep you updated
on our progress. If you need additional information, please contact Mr. Michael Wood at 919-733-
1194.
Sincerely;
~'~
William D. Gilmore, P.E., Manager
Project Development & Environmental Analysis
cc: Steve Lund, USACE
Chris Gatchel, FHWA
Fred Lamar, NCDOT
John Alderman, WRC
.John Hennessy, DWQ
MAILING ADDRESS:
NC DEPARTMENT OF TRANSPORTATION
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS
1548 MAIL SERVICE CENTER
RALEIGH NC 27699-1548
TELEPHONE: [phone]
FAX: [phone]
WEBSITE: WWW.DOH.DOT.STATE.NC.US
LOCATION:
TRANSPORTATION BUILDING
1 SOUTH WILMINGTON STREET
RALEIGH NC

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The following table summarizes the increase in discharge for each point indicated on the
adjoining map. These points represent the stream flow rate immediately below the
confluence of Goose Creek and the particular tributary that is conveying highway runoff.
Additional information, such as increase in stage and velocity will be included in the BA.
Visual inspection of Goose Creek has also been completed.. There were no other sites
that reflected recent, accelerated erosion directly into the Creek proper, as is evident on
the Greene's property (Impact Site F). There were, however, indications of accelerated
erosion in the storm channels receiving drainage from the intersection with NC 218 in
Mint Hill (circled numbers 8 and 9 on map). This impact will be quantified in the BA.
Percent Increase in Discharge (cfs)
Impact Site 2-Year Storm
Pre Post % Inc 5-Year Storm
Pre Post % Inc 10-Year Storm
Pre Post % Inc
G 76.0 91.0 19.7 149.0 173.0 16.1 209.0 239.0 14.4
A 89.0 109.0 22.5 172.0 203.0 18.0 239.0 278.0 16.3
B 96.7 114.0 17.9 183.9 214.0 16.4 253.3 293.0 15.7
C 188.0 201.0 6.9 339.0 362.0 6.8 456.2 487.0 6.8
D 242.3 260.0 7.3 427.9 458.0 7.0 571.3 610.0 6.8
E 255.0 284.0 11.5 448.0 495.0 10.5 596.7 657.0 10.1
F 375.6 386.0 2.8 641.3 661.0 3.1 843.3 . 869.0 3.0
TOTAL , 390.7 415.0 6.2 664.9 704.0 5.9 873.1 922.0 5.6

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STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-201
GOVERNOR
May 12, 2000
U.S. Fish & Wildlife Service ~
160 Zillicoa St., #B ''
Asheville, NC 28806 ~~
ATTN: Mr. John Fridell
Dear Sir:
DAVID MCCOY
SECRETARY
SUBJECT: THE CHARLOTTE OUTER LOOP CROSSING OF GOOSE AND STEVENS
CREEK IN MECKLENBURG COUNTY, TIP NO. R-21`23 AB.
As you are aware, NCDOT is near completion of project R-2123 AB of the Eastern
Charlotte Outer Loop, which crosses Goose and Stevens Creek. Various meetings have been
held with agency and NCDOT personnel regarding measures for minimizing impacts to the
Carolina Heelsplitter (Lasmigona decorata). As a result of these meetings, NCDOT has
instituted the following design changes:
• Roadway storm drainage in the immediate vicinity of Goose and Stevens Creek has been
directed to outlets which drain through grassed swales, and often rock check dams within the
swales; in an effort to provide storm water retention and attenuation.
• A specially designed retention/attenuation basin has been installed west of the roadway
between Goose and Stevens Creek to collect runoff directed to Goose Creek.
• Two-foot high sills have been installed in one of the three barrels of the culverts on both
creeks for periods of low-flow.
• Depression areas have been created at the base of the road slopes and creeks at strategic
points along the project to provide additional stormwater retention and attenuation. The
exact locations of these depressions are shown on the attached plans.
NCDOT considered placing sills in two of the three culverts in Goose Creek, however
after further investigations and discussions between NCDOT Hydraulics Unit, NCDOT Project
Development & Environmental Analysis, USFWS and WRC personnel, it was decided that
installing one sill would best serve the creek and associated fauna.
The following measures, most of which resulted from the most recent meeting, held on
April 27, 2000, have been agreed to by NCDOT but have yet to implemented:

2
• The rip rap on the downstream side of both Goose and Stevens Creeks, which is constricting
the water flow through the stream channel, will be removed.
• The pipe that collects much of the roadway drainage from the Stevens Creek drainage area
and is currently discharging towards Goose Creek, will be redirected back to the Stevens
Creek flood plain. This will accomplished once the dirt haul road is removed.
• The depression located upstream and north of Goose Creek will be modified such that it will
drain laterally from Goose Creek into the adjacent floodplain.
• The specially designed attenuation/retention basin to Goose Creek will be reseeded with
-grass in the next couple weeks. In the fall, selected tree species will be planted.
• NCDOT will continue to monitor the streams to ensure no further degradation occurs as a
result of the roadway. In particular, the progress of the low-flow benches developing in the
Goose Creek stream channel will be watched to make sure the stream continues to utilize a
single culvert during low-flow periods:
• Providing no emergencies occur in the meantime, in the late fall of this year, NCDOT will
provide to the resource agencies a monitoring report documenting the conditions of the
streams, tree species that will be planted in the special basin, and any other pertinent
information.
If you have any questions or need any additional information, please contact Mr. Michael
Wood at [phone].
Sincerely,
~LS
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,}~j2 William D. Gilmore, PE, Manager
Planning and Environmental Branch
cc: Mr. Mark Cantrell, USFWS
Mr. John Alderman, NCWRC
Ms. Kate Pipkin, NCWRC
Mr. Ron Linville, NCWRC
Mr. Steve Lund, USACE, Asheville Office
Mr. David Franklin, USACE, NCDOT Coordinator
Mr. John Dorney, Division of Water Quality
• Mr. Randy Wise, P.E., Roadside Environmental
Mr. Abdul Rahmani, Hydraulics
Mr. Jay Twisdale, Hydraulics
Mr. Tim Savidge, PDEA
Mr. Logan Williams, PDEA
Mr. Bill Strickland, P.E., Resident Engineer
Mr. B. G. Payne, P.E., Division 10 Engineer

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The
Catena
Group
410-B Millstone Drive
Hillsborough, NC 27278
[phone]
September 10, 2004
Steve Lund
Asheville Regulatory Field Office
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
RE: Stream and wetland systems mapping, delineation verification, R-2123 CE
Dear Mr. Lund:
WETLANDS / 401 GROUP
SEP 1 4 2004
WATER QUALITY SECTION
This letter is to request formal jurisdictional area delineation verification for the Interstate 85-Charlotte
Outer Loop connector in Mecklenburg County (TIP R-2123 CE). Enclosed are the tables and figures
describing the jurisdictional areas within the R-2123 project area. As per your request during the field
verification meeting on May 25, 2004, we have updated the stream and wetland mapping (provided to you
at the site) to reflect the changes you requested.
The following changes were made to the delineation mapping provided to you during the field
verification:
1. MAP 4: change Wetland SB to intermittent Stream SB
Thank you for your patience in waiting our completion of this information. If you have any questions
regarding the information presented in this letter, or need additional information, please contact Michael
Wood or me at your convenience.
Sincere yours,
Shay rriock
Environmental Scientist
The Catena Group
x Cc: Brian Wrenn
NC DENR/Division of Water Quality
Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650.

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Caterla TIP R-2123 CE scale:
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Group (Charlotte Outer Loop - 185 Connector)
-_`
-~` Mecklenburg County, North Carolina Job No.:
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The
Catena
Group
Jurisdictional Wetlands and Streams
TIP R-2123 CE
(Charlotte Outer Loop - 185 Connector)
Mecklenburg County, North Carolina
Date:
September 2004
Scale:
As Shown
Job No.: 1006
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_ ~ The
Jurisdictional Wetlands and Streams °ate:
September 2004 Figure
Catena l
S
TIP R-2123 CE ca
e:
G ro u
p As Shown
(Charlotte Outer Loop - 185 Connector)

Mecklenburg County, North Carolina Job No.: 1006

,w 5Tn1t'o
d ~al~
~~~ an~~
paw
STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201
GOVERNOR
December 17, 1999
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 143
Asheville, NC 28801-5006 - ---
ATTN: Mr. Steve Lune
Dear Sir:
DAVID MCCOY
SECRETARY
SUBJECT: REQUEST FOR PERMIT EXTENSION FOR I-485 (EAST CHARLOTTE
OUTER LOOP), TIPS R-2123 AB, AC, AD, BA, BB, CL.
On July 12, 1996 and December 19, 1995 respectively, the United States Army Corps o~
Engineers (USAGE) and North Carolina Division. of Water Quality (DWQ) authorized the
construction of the following sections of the Charlotte Outer Loop, R-2123AB, AC, AD, BA,
BB, and CC via an Individual Permit, Action ID #199504596, and Water Quality Certification
(WQC 3049). These permits were modified on August 4, 1999 and July 30, 1999, respectively.
Table 1 shows the construction schedule for each section.
Table 1. Construction Schedule
Site Date Let Date Complete
R-2123 AB April 1998 June Ol
R-2123 AC January 2000 July 2003
R-2123 AD January 2000 July 2003
R-2123 BA June 2000 December 2003
R-2123 BB June 2000 December 2003
R-2123 CC January 2000 July 2003
As indicated in the table, project construction is estimated to be completed in July 2003. The
existing permit expires December 31, 1999. NCDOT requests that the USAGE 404 permit and
WQC be extended until December 31, 2003. -All environmental commitments and special
conditions will continue to be followed throughout project construction.
.°°""°
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2
If you have any questions or need any additional information, please contact Mr. Michael
Wood at [phone].
Sincerely,
G /Jug
William D. Gilmore, PE, Manager
o Planning and Environmental Branch
cc: Mr. David Franklin, USACE, Wilmington
Mr. John Hennessy, NCDWQ
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PROGRAM
October 3, 2005
Mr: Gregory J. Thorpe, Ph.D.
Environmental Management Director
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Dr. Thorpe:
Subject: North Carolina Wildlife Resources Commission (NCWRC) Stream
Mitigation Projects:
TIP Number A-10 C/D, US 19/23 Widening, Madison County,
French Broad River Basin, CU 06010105
TIP Number R-2420B, University Boulevard Improvements,
Mecklenburg County, Catawba River Basin, CU 03050103
TIP Number R-529 BARB/BD, US 421 Widening, Watauga
County, New River Basin, CU 05050001
TIP Number R-2239B, US 421 Widening, Wilkes County, Yadkin
River Basin, CU 03040101
TIP Number R-2123 ACBB/CC, Charlotte Outer Loop (I-485),
Mecklenburg County, Yadkin River Basin, CU 03040105
The purpose of this letter is to provide notification and confirmation that the
Ecosystem Enhancement Program (EEP) will accept responsibility for the NCWRC
stream mitigation projects associated with the above listed projects. Also, EEP will agree
to provide the unmet stream mitigation required to offset impacts associated with TIP
Numbers A-10 C/D, R-529 BABBlDB, and R 2420B. It has not been determined at this
time whether the EEP will enter into an agreement with the NCWRC to continue these
projects or pursue new mitigation projects. EEP may elect to continue these projects and
the additional required stream mitigation through another mitigation procurement
method.
North Carolina Ecosystem Enhancement Program,1652 Mail Service Center, Raleigh, NC 21699-1652 / 919,1!5-0416 / v/ww.nceep.net

The North Carolina Department of Transportation (NCDOT) entered into several
Reimbursement Agreements (RAs) and supplemental RAs with the NCWRC for stream
mitigation to offset the stream impacts associated with the above referenced five (5) TIP
projects: As per the Memorandum of Agreement between the U. S. Army Corps of
Engineers (USAGE), N. C. Department of Environment and Natural Resources, and N. C.
Department of Transportation (Tri-Party MOA) executed on July 22, 2003, the NCDOT
agreed to transfer all off-site mitigation projects to the EEP for management and, in some
cases, continuation of various mitigation activities. Under that agreement and in a letter
dated July 25, 2005, the NCDOT requested these stream mitigation projects initiated by
the NCWRC be transferred from the NCDOT to EEP for continuation of the mitigation
activities as well as provide the additional stream mitigation currently not completed by
the NCWRC.
EEP staff have reviewed the information provided by the NCDOT in the July 25,
2005 submittal and has determined that additional information is .required before these
stream mitigation projects can be accepted and transferred.' This information is required
in order to determine exactly what the stream mitigation requirements were for the above
referenced TIP projects and what the additional stream mitigation requirements are, if
any. Specifically, EEP requests the following information for all five agreements
between the NCDOT and NCWRC:
• copies of all issued 404 and 401 permits for which NCWRC was responsible
for providing the stream mitigation,
• copies of all executed agreements and supplemental agreements between the
NCDOT and NCWRC (see below for more details),
• copies of all mitigation plans associated with individual projects under each
executed agreement,
• copies of any monitoring report prepared for individual projects under each
executed agreement,
• information regarding the five potential sites included on the
"NCDOT/NCWRC Project Status (August 2005)", status of property owner
negotiations, and property owner contacts.
The EEP has reviewed ail copies of executed agreements between the NCDOT
and NCWRC that were provided; however, after review, it appears that at least two
supplemental agreements maybe missing for TIP Numbers A-10 C/D and R-529
BABBBD. According to the NCWRC summary report, the NCDOT required the
NCWRC to implement a total of 26,345 feet of trout stream enhancement for TIP A-10
C/D; however, EEP has copies of executed agreements that tota125,433 feet of trout
stream enhancement. Also, EEP has copies of executed agreements that total 14,814 feet
of stream enhancement; however, NCWRC indicates a total of 16,651 feet of stream
enhancement was required.
There appear to be discrepancies related to TIP R-2420B in regards to the stream
mitigation requirements and the location of the project. After review of the

documentation provided, EEP is uncertain if the stream mitigation requirements .were 903
linear feet of stream enhancement or 903 stream credits. Also, according to your letter
dated August 24, 2005, this project is located in CU 03050103 of the Catawba River
Basin; however, the executed agreement indicates that stream mitigation must be
conducted in the Goose Creek watershed of the Yadkin River Basin. EEP needs
clarification of exactly what are the stream mitigation requirements for this project (i.e.,
are the requirements 903 feet stream mitigation or 903 stream mitigation credits) and
verification of the river basin and cataloging unit of the project's location.
In addition, there is a discrepancy between the NCDOT letter dated August 24,
2005, and the USACE letter dated August 8, 2005 regarding the amount of stream
mitigation remaining for TIP Number A-10 C/D. The USACE letter states, "A total of
11,6651inear feet of stream mitigation is still needed" and the NCDOT letter indicates
9,437 feet of stream mitigation is required. EEP will need verification from the USACE
and/or NCDOT as to the remaining amount of stream mitigation required for this project,
as well as for the other two TIP projects (R-529 BABB/BD and R-2420B) that have
outstanding stream mitigation needs. Also, the NCDENR-EEP and USACE need to
discuss and agree upon a reasonable timeframe for which the additional stream mitigation
will be required. These types of additional mitigation requests were not addressed in the
Tri-Party MOA.
The outstanding mitigation needs associated with the subject projects were not
included in the EEP's 2005-2006 Biennial Budget that was approved by the NCDOT in
June 2005. Monetary compensation will be needed for the additional stream mitigation
required for these projects. Upon receipt of an accurate accounting of the outstanding
stream mitigation need, EEP will determine the amount of additional funding needed and
convey that. information to the NCDOT.
If you have any questions or need additional information, please contact Ms. Beth
Harmon at 919-715-1929.
Sincerely,
e.Y ~~,
illiam .Gilmore, P.E.
EEP Director
cc: Mr. Scott McLendon, USACE-Wilmington
Mr. Steve Lund, USACE-Asheville
Mr. John Thomas, USACE-Raleigh
Mr. Eric Alsmeyer, USACE-Raleigh
Mr. John Hennessy, Division of Water Quality, Wetlands/401 Unit
Ms. Shannon Deaton, NCWRC-Raleigh
Mr. Randy Griffin, Jr., NCDOT-PDEA
File

`i
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
February 21, 2005
Dr. Gregory J. Thorpe, PhD., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Re: Modification of 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
Act, Individual Permit for University Boulevard from SR 2498 (Neal Road) to east of I-85, TIP
Project No. R 2420B, WQC No. 3182, and for Construction. of I-485 (Charlotte Outer Loop)
Corridor, Mecklenburg County, TIP Project No. R-2123 AC, BB, CC, WQC No. 3240.
Dear Dr. Thorpe:
Attached hereto is a copy of the Modification.of Certificatiori~,~ios. 3182 and 3240 issued to The North
Carolina Department of Transportation dated February 21, 200$; If we can be of further assistance, do
not hesitate to contact us.
Sincerely,
Attachments
Alan W. Klimek, P.E.
Director
cc: Steve Lund, US ACE Asheville Field Office
Christopher Militscher, US EPA -Region N
Marla Chambers, NC WRC
Marella Buncick, US FWS
.Polly Lespinasse, NC DWQ Mooresville Regional Office
Central Files
File Copy
NcothCarolina
Transportation Permitting Unit lltllCll~~lf
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: http://h2o.enr.§tate.nc.us/ncwetlands

r - _-
APPROVAL OF 401 Water Quality Certification and ADDITIONAL CONDITIONS
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, and 15 NCAC 2B .0233. Water Quality Certifications No.
3182 and Water Quality Certification No. 3240 requires the NCDOT to mitigate for the following stream
impacts:
R-2123 East Charlotte Outer Loop
• 3,1941inear feet of jurisdictional stream impacts
R-2420B City Boulevard
• 9031inear feet of jurisdictional stream impacts
The original applications for these transportation projects provided adequate assurances that the discharge
of fill material into the waters of the State 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.
Both projects were constructed in accordance with the conditions set forth in the Water Quality
Certifications. The purpose of the December 13, 2004 (received January 10, 2005) request for
modification of Condition 5. of the April 1, 2004 modification to WQC Nos. 3182 and 3240 is to extend
the schedule for implementation of the stream mitigation for the referenced projects. The stream
mitigation sites include the Green site, Haigler/Rowell site, Earl Haigler/Price site, Sasser/Carriker site,
Williams/Matlock site, and Lemmond/Deberry site.
This approval is only valid for the purpose and design that you submitted in your December 13, 2004.
application. 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 additional wetland impacts, or
stream impacts, for this project (now or in the future) exceed one acre or 1501inear feet, respectively,
additional 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.
This Modification shall expire on March 15, 2006 or on the same day as the expiration date of the
corresponding Corps of Engineers Permit, whichever is sooner. For this approval to remain valid, you are
required to comply with all the conditions listed below.

,~
Condition(s) of Certification:
1. The above-listed mitigation sites shall be completed, including construction and planting, by March
15, 2006.
2. All the authorized activities and conditions of the certifications associated with the original, Water.
Quality Certification Nos. 3182 and 3240 dated October 6, 1998 and July 30, 1999, respectively, and
all other corresponding modifications still apply except where superceded by this certification.
Violations of any condition herein set forth may 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 1-SOB 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 adjuctaEatory 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 21nd day of February 2005
DTVISIO~F WATER QUALITY
~. ' ~
Alan W. Klimek, -~
Director
WQC Nos. 3182 and 3240

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~~~~,
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•~~;~
STATE OF NORTH CAROLINA
a~~~n~~~
JAN 1 a 2005
DENR -WATER QUALITY
WETL/WDS AND STORMWATER BRANCH
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
December 13, 2004
N.C. Division of Water Quality. ~~ ~ /~ Q ni
1650 Mail Service Center
Raleigh NC 27699-1650
Attention: Mr. John Hennessy PAYMENT
. NCDOT coordinator RECEIVED
Subject:. Condition (e) of Section 401 Water Quality Certification, Mecklenburg County,
University Boulevard from SR 2498 (Neal Road) to east of I-85 (LJSACE ID`#
1998300022, DWQ ID # 3182), and for TIP R-2123 AC, BB, CC, Mecklenburg County,
construction of the I-485 (Charlotte Outer Loop) corridor (IJSACE ID # 199504596,
DWQ ID # 3049. $475.00 Debit work order 8.1671601, WBS Element 34379.1.1
Dear Sir:
On April 1, 2004 the North Carolina Division of Water Quality (NCDWQ) issued a permit modification for
these projects. The purpose of this letter is to request a modification of Condition 5 of the Section 401
Water Quality Certification.
Condition five (5) of the April 1, 2004 401 Water Quality Certification (WQC) modification required
construction to begin on the Goose .Creek mitigation sites by October 31, 2004.
It is anticipated that construction will not begin on the Greene site until December 2004 or January 2005.
Construction on the other sites will likely not begin until late winter/early fall of 2005. Anticipated
completion of construction on alI sites should occur December3l, 2005. Planting will begin immediately
after construction is completed and occur prior to March 15, 2006. We request the 401 WQC be modified
permit expiration date of March 15, 2006 should allow adequate time for construction and planting.
There are several reasons why construction on the remaining sites cannot begin as directed in the original
401 WQC.
The reasons include:
1. Permit revisions requested by DWQ in October 2004 for the Haigler/Price, Haigler/Rowell,
Williams/Matlock, and Sasser/Carriker sites are approved and permits issued. The Wildlife
Resource Comission (WRC) needs to do some additional field work in order to revise the
plans for DWQ.
2. U.S. Army Corps of Engineers permits (Section 404 Nationwide Permit 27) need to be
received for the Williams/Matlock and Sasser/Carriker sites.
3. DOT obtains conservation easements for the Haigler/Price, Haigler/Rowell,
Williams/Matlock, Sasser/Carriker, and E. Haigler sites.. North Carolina Department of
Transportation right-of--way is in the process of obtaining these easements.
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone] TRANSPORTATION BUILDING
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH W ILMINGTON STREET
1598 MAIL SERVICE CENTER WEBSITE: WWW.DOT.ORG RALEIGH NC
RALEIGH NC 27699-1598

In compliance with Section 143-215.3D(e) of the NCAC, we will provide $475 to act as payment for
processing the modification of the existing Section 401 WQC.
We appreciate your attention to this modification request. If you have any questions about this request,
.please contact Ms. Leilani Paugh at [phone].
Sincerely,
4d'~'- ~
c~J
Gregory J. horpe, Ph.D., Environmental Management Director
Project Development and Environmental Analysis Branch
cc: David Franklin, USAGE
Tawana Brooks , PE., NCDOT Division 10
Larry Thompson , RS, PWS. NCDOT Division 10
Joe Mickey, WRC

a{' .
wATF Michael F. Easley, Governor
Q~O RQ~i William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
`
C1) ice,.. Alan W. Klimek, P.E., Director
j ,_,i Division of Water Quality
C3 .~ Coleen H. Sullins, Deputy Director
Division of Water Quality
April 1, 2004
Mr. Gregory J. Thorpe, Ph.D., Environmental Director
NCDOT Planning and Environmental Branch
1548 Mail Service Center
Raleigh, NC, 27699-1548
Dear Dr. Thorpe:
Re: MODIFICATION to Water Quality Certification Pursuant to §401 of the Federal Clean Water Act,'
East Charlotte Outer Loop (TIP Project R-2123), DWQ Project 990247, WQC No. 3240
City Boulevard. (TIP Project R-2420B), DWQ Project 970863, WQC No. 3182
Mecklenburg County.
Attached hereto is a copy of the Modification to Certification Nos. 3182 and 3240 issued to The
North Carolina Department of Transportation issued on April 1, 2004.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
.• ~~
Alan W. Klimek, P.E.
Attachments
cc: Wilmington District Corps of Engineers
Steve Lund, USACE Asheville Field Office
NCDWQ Mooresville Regional Office
Joe Mickey, NCWRC Stream Mitigation Coordinator
David Cox, NCWRC
Michael Wood, Catena Group
Christopher Militscher, US Environmental Protection Agency -Region IV
William Gilmore, NC Ecological Enhancement Program
Central Files
File Copy

North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/

'~-
Mr. Gregory J. Thorpe, Ph.D.
Modification to WQC Nos. 3182 and 3240
Goose Creek Mitigation Plan
April 1, 2004
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, .0500. Water Quality Certification No. 3182 and Water Quality
Certification No. 3240 authorized the NCDOT to incur the following permanent impacts:
R-2123 East Charlotte Outer Loop
^ 0.80 acres of wetlands
^ 3,250 linear feet of jurisdictional stream loss;
R-2420B City Boulevard
^ 0.45 acres of wetlands.
The original applications for these transportation projects provided adequate assurance that the discharge
of fill material into the waters of the state 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.
Both projects were constructed in accordance with the conditions set forth in the Water Quality
Certifications. The purpose of the January 29, 2004 request for Modification to WQC No. 3182
Condition 5 and WQC No. 3240 Condition 7 is to extend the schedule for implementation of the stream
mitigation. These conditions state that the North Carolina Department of Transportation (NCDOT)
would be responsible for restoring 31941inear feet of stream in association with R-2123 and 9031inear
feet of stream in association with R-2420B, for a total of 3997 linear feet of stream. Furthermore, the
stream mitigation was required to be performed in the Goose Creek subbasin in accordance with the
Memorandum of Agreements between the North Carolina Wildlife Resources Commission (WRC) and
the NCDOT. The mitigation was due by May 2, 2000. To date, the mitigation has not been performed.
A list of potential mitigation sites within the Goose Creek subbasin is as follows:
^ Green Mitigation Site: 750 feet of Enhancement Level II.
^ B.B. Haigler Site: 1,174 feet of UT to Goose Creek.
^ Earl Haigler Site: 250 feet of streambank stabilization.
^ Earl Haigler/Price Site: 1,186 feet of Enhancement; 506 feet of Priority I restoration.
^ Williams/Matlock Site: up to 10001inear feet of Priority I restoration.
^ Lemmond Site: approx. 466 linear feet of Priority I restoration.
These six sites total approximately 5,3321inear feet of potential stream restoration or enhancement. Of
this total, WRC anticipates that 1,972 feet will be priority I restoration (1:1 mitigation ratio). The
remaining 3,3601inear feet of potential stream enhancement will be assigned mitigation ratios of 2:1 or
3:1. Therefore, based on mitigation ratios assigned by DWQ, these sites tota13,652 feet or 3,092 feet of
mitigation credit. The amount of mitigation credit that NCDOT needs to fulfill the two Water Quality
Certification conditions is 4,0971inear feet. Additional compensatory mitigation will be required.
This approval is only valid for the purpose that you submitted in your January 29, 2004 Modification
request and subsequent correspondence on the Goose Creek Mitigation Program from Wildlife Resources
2

~~
Mr. Gregory J. Thorpe, Ph.D.
Modification to WQC Nos. 3182 and 3240
Goose Creek Mitigation Plan
April 1, 2004
Commission dated February 5, 2004 and March 16, 2004. For this approval to remain valid, you are
required to comply with all the conditions listed below.
This Modification shall expire one (1) year from the date of the cover letter from DWQ or on the same
day as the expiration date of the corresponding US Army Corps of Engineers Permit, whichever is later.
Condition(s):
1. By January 31, 2004, WRC shall have obtained landowner concurrence that they have an interest
in participating in the project and are willing to allow access to create a preliminary design.
2. By Apri130, 2004, landowners will approve preliminary plans.. Easement boundary surveys will
begin at this point and NCDOT will move forward with acquisition.
3. By June 30, 2004, WRC shall have obtained additional landowner agreements to meet the
compensatory mitigation requirement of 4,0971inear feet. If this condition cannot be met,
NCDOT shall present DWQ with other mitigation options by July 31, 2004.
4. By July 31, 2004, detailed plans shall be completed and sent to resource agency personnel for
review.
5. By October 31, 2004 construction on the above-listed mitigation sites shall begin.
6. WRC and/or its authorized agent shall provide DWQ with monthly status reports detailing the
progress with the above-listed tasks.
7. NCDOT and its authorized agents shall conduct its activities in a manner consistent with State
water quality standards and any other appropriate requirements of State law and Federal law. If
.DWQ determines that such standards or laws are not being met (including the failure to meet
compensatory mitigation requirements) or that State or federal law is being violated, or that
further conditions are necessary to assure compliance, DWQ may reevaluate and modify this
Certification to include conditions appropriate to assure compliance with such standards and
requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the Certification,
DWQ shall notify NCDOT and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance
with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to NCDOT in
writing, shall be provided to the United States Army Corps of Engineers for reference in any
permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions
of the 404 Permit for the project.
NCDOT shall require its contractors (and/or agents) to comply with all of the terms and conditions of this
Certification in the construction and maintenance of this project, and shall provide each of its contractors
(and/or agents) a copy of this Certification.
Violations of any condition herein set forth may 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 Permit. This Certification shall expire upon the expiration
of the 404 Permit.
3

" ;.
Mr. Gregory J. Thorpe, Ph.D.
Modification to WQC Nos. 3182 and 3240
Goose Creek Mitigation Plan
April 1, 2004
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, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This the 1st day of Apri12004
DIVISION OF WATER QUALITY
Alan W. Klimek, P.E.
WQC No. 3182 and 3240
4

~!
-,~;
~~~
® North Carolina Wildlife Resources Commission
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John Dorney, NCDWQ
Cynthia Van Der Wiele, NCDWQ
Steve Lund, USACE
Michael Wood, Catena Group
Larry Thompson, NCDOT
FROM: Joe Mickey, NCWRC Stream Restoration Coordinator
DATE March 16, 2004
SUBJECT: Goose Creek Mitigation Program Update
On November 21, 2003, personnel with the North Cazolina Wildlife Resources Commission (WRC), North Cazolina
Depaztment of Transportation (DOT), and Catena Group met with personnel of the North Cazolina Division of Water
Quality (DWQ) to discuss the current status of required DOT mitigation in the Goose Creek watershed. The WRC has
stream mitigation agreements with DOT for 903 linear feet of off-site stream enhancement associated with the R-2420 B,
Mecklenburg County, construction of University Boulevard from SR 2498 (Neal Road) to east of 1-85 (USACE ID #
1998300022, DWQ ID # 3182), and for 31941inear feet of off-site stream enhancement associated with the R-2123 AC,
BB, CC, Mecklenburg County, construction of the I-485 (Chazlotte Outer Loop) from south of NC 218 to north of NC 51
(R-2123 AC); from south of SR 2808 (Camp Stewart Road) to south of SR 2802 (Rocky River Church Road) (R-2123
BB; and from south of SR 2802 (Rocky River Church Road) to NC 49 (USACE ID # 199504596, DWQ ID # 3049). In
order for DOT to meet revised DWQ permit conditions for the above mentioned projects, one of the conditions of the
November 21, 2003 meeting was to provide a list to DWQ of landowners who had tentatively agreed to having some
form of stream restoration or enhancement conducted on their property. A list of acquired and potential sites and their
status is as follows:
Greene Mitigation Site - 7501inear ft of Enhancement Level II. DWQ reviewed the site plans and made
comments to WRC. WRC responded to DWQ concerns on February 12, 2004. A response has not been
received from DWQ on these revisions. The Catena Group is in the process of doing mussel surveys at the site.
The results will be sent to the US Fish and Wildlife Service (USFWS) and USACE so that they can make a
"May Effect" determination for the endangered mussel species found in Goose Creek. Once DWQ has
approved the February 12, 2004 WRC plan revisions and the USACE issues a permit, plans are to put the
project out for bid and start construction this spring/early summer.
2. B.B. Haigler site - 1,1741inear ft of an unnamed tributary to Goose Creek. WRC has completed the stream
condition survey. A short version of the stream enhancement plan was completed by WRC on November 12,
2003 and approved by the landowner. DOT's private survey contractor has completed the easement boundazy
survey for this site. The stream will have a 50-ft buffer along both banks. Easement negotiations will begin
soon with the landowners for payment of the conservation easement and signing of the conservation easement
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

Goose Creek mitigation project status Page 2 February 5, 2004
document. Permit site plans will be submitted to the DWQ, USAGE, and USFWS for review by the end of
May 2004.
3. Earl Haigler site -approximately 2501inear feet of eroding streambank along Goose Creek needs stabilization.
WRC has completed site plans and they were submitted to DWQ and USAGE on February 5, 2004 for review
and approval. DWQ issued a permit for this site on February 11, 2004. The Catena Group is in the process of
doing mussel surveys at the site. The results will be sent to the USFWS and USAGE so that they can make a
"May Effect" determination for the endangered mussel species found in Goose Creek. A conservation easement
extending for 100 ft from the top of each bank will be obtained from the Clean Water Management Trust Fund
(CWMTF) by DOT.
4. Earl Haigler/Price site -This site totals 1,692 feet of stream improvements. The WRC is developing plans to
enhance 1,1861inear feet of stream channel and restore (Priority I) 506 linear feet of stream channel. The
conservation easement survey has been completed. The stream will have a minimum 50-ft buffer along both
banks. Easement negotiations with begin soon with the landowners for payment of the conservation easement
and signing of the conservation easement document.
5. Lemmond site -approximately 4661inear feet of Priority I restoration potential along an unnamed tributary to
Goose Creek has been surveyed by the WRC. Landowners have tentatively agreed to the concept of a Priority
I stream project at this site. The WRC is developing a restoration plan for approval by the landowner, DWQ,
USAGE, and USFWS. Permit plans will be submitted to DWQ, USAGE, and USFWS for review by the end of
May, 2004. This site has a 200 foot wide conservation easement along 255 linear feet of Goose Creek. DOT
will need to purchase this existing conservation easement from the CWMTF.
6. Williams/Matlock site -potential for up to 1,000 linear feet of Priority I restoration on an unnamed tributary to
Goose Creek. Landowners have tentatively agreed to restoration at this site. Existing stream condition needs to
be surveyed and an enhancemenbrestoration plan developed and presented to the landowner for approval. A
CWMTF conservation easement encompasses a section of this unnamed tributary and Goose Creek. The
conservation easement is 200 feet wide and includes the lower 200 feet of the unnamed tributary. An easement
survey needs to be conducted to remove a portion of land from the existing CWMTF conservation easement so
that this area can be purchased by DOT.
In summary, these six sites total approximately 5,3321inear feet of potential stream restoration or enhancement. Of
this total, an estimated 1,9721inear feet will be Priority I restoration, receiving a mitigation ratio of 1:1. It is
anticipated that the remaining 3,3601inear feet of potential stream enhancement will be assigned mitigation ratios of
2:1 (=1,680 feet of credit) or 3:1 (=1,120 feet of credit) or a combination thereof, by DWQ. Therefore, based on
anticipated assigned mitigation ratios by DWQ, these six sites total approximately 3,652 linear feet or 3,0921inear
feet of mitigation credit. The amount of mitigation credit that DOT needs to fulfill the two permit requirements is
4,097 ft. Additional effort is needed to locate restoration/enhancement sites during April 2004.
CC: Shannon Deaton, WRC
Jim Borawa, WRC
Mark Fowlkes, WRC

®North Carolina Wildlife Resources Commission
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John Dorney, NCDWQ
Cynthia Van Der Wiele, NCDWQ
Steve Lund, USAGE
Michael Wood, Catena Group
Larry Thompson, NCDOT
FROM: Joe Mickey, NCWRC Stream Mitigation Coordinator
DATE February 5, 2004
SUBJECT: Goose Creek Mitigation Program Update
On November 21, 2003, personnel with the North Carolina Wildlife Resources Commission (WRC), North Carolina
Department of Transportation (DOT), and Catena Group met with personnel of the North Carolina Division of Water
Quality (DWQ) to discuss the current status of required DOT mitigation in the Goose Creek watershed. The WRC has
stream mitigation agreements with DOT for 903 linear feet of off-site stream enhancement associated with the R-2420 B,
Mecklenburg County, construction of University Boulevard from SR 2498 (Neal Road) to east of 1-85 (USAGE ID #
1998300022, DWQ ID # 3182), and for 31941inear feet of off-site stream enhancement associated with the R-2123 AC,
BB, CC, Mecklenburg County, construction of the I-485 (Charlotte Outer Loop) from south of NC 218 to north of NC 51
(R-2123 AC); from south of SR 2808 (Camp Stewart Road) to south of SR 2802 (Rocky River Church Road) (R-2123
BB; and from south of SR 2802 (Rocky River Church Road) to NC 49 (USAGE ID # 199504596, DWQ ID # 3049). In
order for DOT to meet revised DWQ permit conditions for the above mentioned projects, one of the conditions of the
November 21, 2003 meeting was to provide a list to DWQ of landowners who had tentatively agreed to having some
form of stream restoration or enhancement conducted on their property. A list of potential sites and their status is as
follows:
1. Greene Mitigation Site - 7501inear ft of Enhancement Level II. Site plans have been reviewed by DWQ. The
WRC is in the process of responding to several issues expressed by DWQ and submitting these comments to
DWQ. Once DWQ has approved the revisions, plans are to put the project out for bid and start construction this
spring.
2. B.B. Haigler site - 1,174 linear ft of an unnamed tributary to Goose Creek. WRC has completed the stream
condition survey. A short version of the stream enhancement plan was completed by WRC on November 12,
2003. This plan was approved by the landowner. We met with DOT Location and Survey personnel and
personnel with a private consulting firm on January 15, 2004 to set up the conservation easement survey for this
site. The stream will have a 50-ft buffer along both banks. Once the conservation easement survey is
completed, negotiations will begin with the landowner for payment of the conservation easement and signing of
the conservation easement document. WRC is in the process of developing site plans to be submitted to DWQ
for review. Tentative enhancement plans at this site include bank stabilization, grade control structures,
removal of an old dam, and conversion of a portion of the stream from a G to C channel type.
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]
r~
~~ ~ f
~~

Goose Creek mitigation project status Page 2 February 5, 2004
3. Earl Haigler site -approximately 2501inear ft of eroding streambank along Goose Creek needs stabilization.
WRC has completed site plans and they were submitted to DWQ and US Army Corps of Engineers (USAGE)
on February 5, 2004 for review and approval. At this site a conservation easement extending for 100 ft from the
top of each bank has been obtained by the Clean Water Management Trust Fund (CWMTF). The DOT will
need to purchase the section of the existing conservation easement that contains this proposed mitigation site
from the CWMTF. We met with DOT Location and Survey personnel and personnel with a private consulting
firm on January 15, 2004 to set up the DOT conservation easement survey for this site.
4. Earl Haigler/Price site - an estimated 1,200-ft of unnamed tributary to Goose Creek with a potential for
enhancement Levels I and II and Priority I restoration. Existing stream site condition needs to be surveyed by
WRC and an enhancemendrestoration plan developed for the site. We met with DOT Location and Survey
personnel and personnel with a private consulting firm on January 15, 2004 to set up the DOT conservation
easement survey for this site. The stream will have a 50-ft buffer along both banks. Once the conservation
easement survey is completed, negotiations will begin with the landowner for payment of the conservation
easement and signing of the conservation easement document.
5. Williams/Matlock site -potential for up to 1,500 ft of Priority I restoration on an unnamed tributary to Goose
Creek. Landowners have tentatively agreed to restoration at this site. Existing stream condition needs to be
surveyed and an enhancemendrestoration plan developed and presented to the landowner for approval. A
CWMTF conservation easement encompasses a section of this unnamed tributary and Goose Creek. The
conservation easement is 200 ft wide and includes the lower 200 ft of the unnamed tributary. A survey will
need to be conducted to remove a portion of land from the existing conservation easement so that this area can
be purchased by DOT from the CWMTF.
6. Lemmond site -approximately 200 feet of Priority I restoration potential along an unnamed tributary.
Landowners have tentatively agreed to the concept of a stream project at this site. The WRC needs to survey
the existing stream condition and develop a restoration plan to be approved by the landowner. This site already
has a conservation easement along 255 linear feet of Goose Creek. DOT will need to purchase a section of the
existing conservation easement from the CWMTF.
In summary, these six sites total approximately 5,074 ft of potential stream restoration or enhancement. Of this
total, it is estimated that 1,700 ft will be priority I restoration, receiving a mitigation ratio of 1:1. It is anticipated
that the remaining 3,374 ft of potential stream enhancement will be assigned mitigation rations of 2:1 (=1,687 ft of
credit) or 3:1 (=1,125 ft of credit) or a combination thereof, by DWQ. Therefore, based on anticipated assigned
mitigation ratios by DWQ, these six sites total approximately 3,387 ft or 2,825 ft of mitigation credit. The amount
of mitigation credit that DOT needs to fulfill the two permit requirements is 4,097 ft. More effort is needed to locate
additional restoration/enhancement sites during February, March and April of 2004.

®1~Iorth Carolina Wildlife Resources Commission
Charles R Fullwood, Executive Director
MEMORANDUM
TO: John Dorney, NCDWQ
Cynthia Van Der Wiele, NCDWQ
Steve Lund, USAGE WE1'LAiV~~ l 4~ ~ C ~ )~~'
Michael Wood, Catena Group
harry Thompson, NCDOT FEB 1
3 2004
FROM: Joe Mickey, NCWRC Stream Mitigation Coordinator
DATE February 5, 2004 WATER Q~ALl~Y ~EC~'~~~
SUBJECT: Goose Creek Mitigation Program Update
On November 21, 2003, personnel with the North Carolina Wildlife Resources Commission (WRC), North Carolina
Department of Transportation (DOT), and Catena Group met with personnel of the North Carolina Division of Water
Quality (DWQ) to discuss the current status of :~~quired DOT mitigation in the Goose Creek watershed The WRC has
stream mitigation agreements with DC7T fo~90 linear feet of off-site stream enhancement associated with the R-2420 B,
Mecklenburg County, construction of Unive _ sity Boulevard from SR 2498 (Neal Road) to east of 1-85 (USAGE ID #
1998300022, DWQ ID # 3182), and for ~194'lineaz feet of off-site stream enhancement associated with the R-2123 AC,
BB, CC, Mecklenburg County, construction of the I-485 (Charlotte Outer Loop) from south of NC 218 to north of NC 51
(R-2123 AC); from south of SR 2808 (Camp Stewart Road) to south of SR 2802 (Rocky River Church Road) (R-2123
BB; and from south of SR 2802 (Rocky River Church Road) to NC 49 (USAGE ID # 199504596, DWQ ID # 3049). In
order for DOT to meet revised DWQ permit conditions for the above mentioned projects, one of the conditions of the
November 21, 2003 meeting was m provide a list to DWQ of landowners who had tentatively agreed to having some
form of stream restoration or enhancement conducted. on their property. A list of potential sites and their status is as
follows:
1. Greene Mitigation Site - 7501inear 8 of Enhancement bevel II. Site plans have been reviewed by DWQ. The
~ 03 WRC is in the process of responding to several issues expressed by DWQ and submitting these comments to
31 w `~ DWQ. Once DWQ has approved the revisions, plans are to put the project out for bid and start construction this
` ~~g
2. B.B. Haigler site -1,174 linear ft of an unnamed tributary to Goose Creek WRC has completed We stream
condition survey. A short version of the stream enhancement plan was completed by WRC on November 12,
2003. This plan. was approved by the landowner. We met with DOT Location and Survey personnel and
personnel with a private consulting f rm on Jam~ary 15, 2004 to set up the conservation easement survey for this
site. The stream wiU have a 50-ft buffer along both banks. Once the conservation easement survey is
completed, negotiations will begin with the landowner for payment of the conservation easement and signing of
the conservation easement document. WRC is in the process of developing site plans to be submitted to DWQ
for review. Tentative enhancement plans at this site include bank stabilization, grade control structures,
removal of an old dam, and conversion of a portion of the stream from a G to C channel type.
Mailing Address: Division of Inland Fisheries i"721 Mail Service Cerrter • Raleigh, NC 27699-).721
Telephone: [phone] • Faz: [phone]

w

Goose Creek mitigation project status Page 2

3. Earl Haigler site -approximately 250 linear ft of eroding streambank along Goose Creek needs stabilization.
WRC bas completed site plans and they were submitted to DWQ and US Army Corps of Engineers (USAGE)
on February 5, 2004 for review and approval. At this site a conservation easement extending for 100 ft from the
top of each bank has been obtained by the Clean Water Management Trust Fund (CWMTF). 'The DOT will
need to purchase the section of the existing conservation easement that contains this proposed mitigation site
from the CWMTF. We met with DOT Location and Survey personnel and personnel with a private consulting
firm on January 15, 2004 to set up the DOT conservation easement survey for this site.
4. Earl Haigler/Price site - an estimated 1,200 ft of unnamed tributary to Goose Creek with a potential for
enhancement Levels I and II and Priority I restoration. Existing stream site condition needs to be surveyed by
WRC and an enhancement/restoratianplin developed for We site. We met with DOT Location and Survey
personnel and personnel with a private consulting firm on January 15, 2004 to set up the DOT conservation
easement survey for this site. The stream will have a 50-ft buffer along both banks. Once the conservation
easement survey is completed, negotiations will begin with the landowner for payment of the conservation
easement and signing of the conservation easement document.
S. Willi2~ms/Matlock site -potential for up to 1,500 ft of Priority I restoration on an unnamed tributary to Goose
Creek Landowners have tentatively agreed to restoration at this site. Existing stream condition needs to be
surveyed and an enhancement/restorationplandeveloped and presented to the landowner for approval. A
CWMTF conservation easement encompa$ses a section of this unnamed tnbutary and Goose Creek The
conservation easement is 200 ft wide and includes the lower 200 ft of the unnamed tributary. A survey will
need to be conduct~i to remove a portion of land from the existing conservation easement so that this area can
be purchased by DOT from the CWlvt TF'.
6. Lemmond site -approximately 200 feet of Priority I restoration potential along an unnamed tributary.
Landowners have tentatively agreed to the concept of a stream project at this site. The WRC needs to survey
the existing stream condition and develop a restoration plan to be approved by the landowner. This site ah~eady
has a conservation easement along 255 linear feet of Goose Creek. DOT will need to purchase a section of the
existing conservation easement from the CWMTF.
In summary, these six sites total approximately 5,074 ft of potential stream restoration or enhancement. Of this
total, it is estimated that 1,700 ft will be priority I restoration, receiving a mitigation ratio of 1:1. It is anticipated
that the remaining 3,374 ft of potential stream enhancement will be assigned mitigation rations of 2:1(=1,687 ft of
credit) or 3:1(=1,125 ft of credit) or a combination thereof, by DWQ. Therefore, based on anticipated assigned
mitigation ratios by DWQ, these six sites total approximately 3,387 ft or 2,825 ft of mitigation credit. The amount
of mitigation credit that DOT needs to fulfill the two permit requirements is 4,097 ft. Mare effort is needed to locate
additionalrestoration/enhancement sites during February, March and April of 2004.
'.
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STATE OF NOR"I'E-I CAROLINA
DEPARTMENT OF TRANSPORTATION
MICH(\F.L F. EASLI:Y
GOVERNOR
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 143
Asheville, NC 28801-5006
LYNDO TIPPET"I'
SECRET:\Rl'
~I~TLANQS ! 401 GRQIJ~
FEB 0 4 2004
ATTN: Mr. Steve Lund
Dear Sir:
January 29, 2004
FILE COPY
wpTEa aUAI..ITY sE~Tial~
SUBJECT: Permit Modification Request for the East Charlotte Outer Loop in Mecklenburg
County (TIP R-2123) and City Boulevard (TIP-R-2420). Federal Project No. MAF-
117-1(3), State Project No. 8.1671601; TIP No. R-2123. $200.00 Debit work order
8.1671601, WBS Element 34379.1.1
t~ . z~ Z3 ~~~ c~2u`~ ~ l~txQC ~ 3 24~ 99o Z ~7
R ~ Z.4Zo l/uCQ~ -~ .3ia2-
On November 2, 1998 and September 1, 2000, Federa1404 Individual Permits (Action ID#
199830022 and 199504596) were issued for City Boulevard (R-2420 B) and the East Charlotte
Outer Loop (R-2123), respectively. On March 4, 1998 and July 30, 1999, the state Water Quality
Certifications (WQC Project# 970863 and 990247) were also issued for these projects, respectively.
We hereby request that conditions 10 (Action ID# 199830022) and "c." (Action ID#
199504596 modification dated 8/4/1999) of the Federa1404 Permits and conditions 5 (WQC#
970863) and 7 (WQC# 99~(~2~7 modification dated 7/30/1999) of the state Water Quality
Certifications be modified to reflect the following revised schedule for the implementation of the
stream mitigation. These conditions state that NCDOT would be responsible to restore 903 linear
feet of stream in association with R-2420 B and 3194 linear feet in association with R-2123, for a
total of 3997 linear feet of stream, collectively. Further, the stream mitigation would be performed
in the Goose Creek subbasin in accordance to the Memorandum of Agreements (MOA) between the
North Carolina Wildlife Resources Commission (WRC) and the NCDOT, included in Appendix A.
The projects were subsequently modified to extend the date for which the stream mitigation
was due to May 2, 2000. However, due to difficulties in acquiring sites in the Goose Creek Basin
coupled with some conflicting language in the Permits and MOA, the stream mitigation has yet to
be completed.
MAILING ADDRESS:
NC DEPARTMENT OF TRANSPORTATION
PROJECT DEVELOPMENT APID ENVIRONMEN TAL ANAL'(IS
154$ MAIL SERVICE CENTER
RA LEIGH NC 27699-1548
TELEPHOrIE: 919-733-3141
FAX: [phone]
WEB,^iITE: WWW.NCDUT.URG
LOCATION:
TRArISPORTA TIO~I BIJILDING
1 SOUTN WILMIN ,T4N STREET
RALEIr,N NC

[n an effort to reach a resolution to the stream mitigation not being co-1lplcted pc:r permit
conditions and to create soma definitive time lines, a nlectiilg was llcld with personnel from the
Division of Water Quality on November ? 1, 2003. As a result of this meeting, the following •.
timelines were agreed upon:
• January 3l, 2004. Will have obtained landowner concurrence that they have an interest in
participating in the project-and are willing to allow access to create a preliminary design.
Will have obtained concurrence from enough individuals to satisfy the 3997 linear feet of
streams.
• April 30, 2004. Landowners approve preliminary plans. Easement boundary surveys begin
at this point and NCDOT moves forward with acquisition.
• July 31, 2004. Detailed plans are completed and sent to resource agency personnel for
review.
• October 31, 2004. Construction begins.
If we are unable to meet these timelines, we commit to providing alternative mitigation. If
this occurs, we commit to identifying alternative mitigation by October 31, 2004.
NCDOT requests that the USACE 404 permits, and by copy of this request, the NCDWQ
Water Quality Certifications be modified as detailed above. In compliance with Section
143-215.3D(e) of the NCAC we will provide $200.00 to act as payment for processing the Section
401 WQC modification applications previously noted in this application (see Subject line). We are
providing seven copies of this application to the North Carolina Department of Environment and
Natural Resources, Division of Water Quality. If you have any questions or need any additional
information, please contact Mr. Michael Wood at [phone] or Mr. Chris Manley at 919-715-
1487.
Sincerely,
~~
~-- Grego J. Thorpe, Ph.D.
Environmental Management Director
Project Development and Environmental Analysis Branch
cc: Mr. John Dorney, NCDWQ
Ms. Marla Chambers, NCWRC
Ms. Christopher Militscher, USEPA
Ms. Marella Buncick, USFWS
Mr. John Sulivan, FHWA
Mr. Jay Bennett, P.E., Roadway Design
Mr. Omar Sultan, Programming and TIP
Mr. Art McMillan, P.E., Highway Design
Mr. David Chang, P.E., I Iydraulics

Mr. Greg Perfetti, P.E., Structure Design
Mr. Mark Staley, Roadside Environmental
Mr. B. G. Payne, P.E. (Div. 10), Division Engineer
Mr. Larry Thompson (Div. 10), DEO
Mr. David Franklin, USACE, Wllilll[lgton (Cover Letter Only)
Mr. Michael Wood, Catena Group
Mr. Chris Manley, NCDOT-ONE

NORTH CAROLINA.
MECKLENBURG COUNTY
NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION
AND
NORTH CAROLINA WILDLIFE
RESOURCES- COMMISSION
4!6/99
REIMBURSEMENT AGREEMENT
PROJECT: R-2123 AC, BB, CC
THIS AGREEMENT, made and entered into this the 2 3 ~ day of
1999, between the DEPARTMENT OF TRANSPORTATION. an
agency of the State of North Carolina, hereinafter referred to as DOT, and the NORTH
CAROLINA WILDLIFE RESOURCES COMMISSION, hereinafter referred to as WRC;
W[TNESSETt~
WHEREAS, DOT has .prepared and adopted plans to make certain highwa~j
constructions and improvements under Project R-2123 AC, BB, CC, Mecklenburg County,
said plan consisting of the construction of the 1-485 (Charlotte Outer Loop} from south of
NC 218 to north of NC 51 (R-2123 AC); from south of SR 2808 (Camp Stewart Road) to
south of SR 2802 (Rocky River Church Road) (R-2123 $B}; and from south of SR 2802
(Rocky River Church Road) to NC 49 (the Project}; and,
WHEREAS, the U. S. Army Corps of Engineers, hereinafter referred to as COE, and
other resource agencies have expressed concern regarding the expected primary and
secondary impacts on streams and tributaries .due to channel relocations and culvert
insta{lations associated with the construction of said Project; and,

7
WHERAS, DOT has agreed to perform certain stream enhancement mitigation at a
1:1 and/or 2:1 ratio to address these concerns and meet the permitting, requirements for the
construction of Project R-2123 AC, BB, CC; and,
WHEREAS, DOT has requested WRC to undertake the planning and
implementation of the agreed to off-site stream enhancement mitigation that cannot be
provided at any other approved DOT mitigation site; and,
WHEREAS, WRC has agreed to perform said mitigation subject to the conditions
hereinafter set forth.
NOW, THEREFORE, the parties hereto, each in consideration of the promises and
undertakings of the other as herein provided, do hereby covenant and agree, each with the
other, as follow;
1. WRC shall be responsible for developing a mitigation plan for 3194 linear feet of
off-site .stream enhancement mitigation for impacts associated with the
construction of the Project. Streams selected shall be in Goose -Creek River
Basin located in the Yadkin River Basin. Typical enhancement measures may
include, but not be limited to, stream bank stabilization and/or re-~.~egetation,
installation of fish habitat structures, fish stocking, and fencing livestock out of
the stream or constructing managed livestock watering facilities. Said plan shall
be reviewed and approved by the COE. All work shall be in accordance with
DOTs policy and procedures and subject to DOT's review and approval.
2. DOT shall be responsible for purchasing and obtaining all easements or sites
needed to implement. the approved mitigation plan at the required ratios. WRC

3
shall help identify the preferred mitigation areas but shall not be involved in
securing said easements.
3. WRC shall be responsible for all physical stream restoration activities as set out
in the approved mitigation plan. Alf work shall be subject to the review and
approval of DOT and comply with federal and state guidelines and procedures.
4. WRC shall complete work set forth in this Agreement within five (5) years from
the date of execution of this Agreement or within three (3) years of the date of
receipt of the easement, whichever is later. In the event DOT needs an extended
period of time to obtain the necessary easements, the period of time for WRC to
perform the mitigation tasks shall be adjusted.
5. DOT shall pay WRC for said mitigation work as set out above at the rate of fifty
.dollars ($50.00) per linear foot of stream restored up to a maximum amount of
$159,700 (3194 linear feet). Reimbursement to WRC shall be made in twv {2)
payments. The first payment of $79,850 shall be made upon execution of this
agreement and within 30 days of receipt of an invoice from WRC. The final
payment of $79850 shall made upon completion of 3194 linear feet of restoration,
and acceptance of the project as complete by DOT. Reimbursements for each
installment shall be made upon receipt of an invoice and appropriate
documentation from the WRC, and approval of said invoice and documentation
by DOT's Manager of the Project Development and Environmental Analysis
Branch and the Fiscal Section. A final invoice must be submitted within one (1)
year of completion of said work.

4
6. WRC shall maintain all books, documents, papers accounting records, and such
other evidence as may be appropriate to substantiate costs incurred under this
Agreement. Further, WRC shall make such materials available at its office at all
reasonable times during the contract period, and for three (3) years from the date
of final payment under this Agreement, for inspection and audit by the DOT's
Fiscal Section.
7. WRC shall be responsible for meeting the established success criteria of the
mitigation plan. DOT shall be responsible for all costs associated with an~~
required maintenance for a period of five (5) years after completion of the worK
on a costs plus basis. WRC will be responsible for required maintenance for a~
additional ten (10) years after completion of this project.

IN WITNESS WHEREOF, this Agreement has been executed, in duplicate,
the day and year heretofore set out, on the part of DOT and WRC by authority duly
given.
WITNESS:
BY: - ~ ,c~•-.--
Title: CL~! ~ ~ -~-~ ~ ~ ~ ~~ ~~e }
BY:
APPROVED AS TO FORM
NORTH CAROLINA. WILDLIFE
RESOURCES COMMISSION
Tittle: ~~ - ~~'~"~~'~
NORTH CAROLINA DEPARTMENT
OF TR/~NS.~ORT~ATION
BY: ,C ,c ~.~-
STATE HIGHWA.'
ADMINISTRATOR
ISTANT ~ORNEY GENERAL

1=ROrt : THE CRTENA GRDUP INC FA:C NL. : 919-732-1303 Jan. 07 2D04 1D:33Ar1 P2
~J1~~ti%::J~4 E77; ~~ 3 ~E-5?~ -15:18 NC :dILt~LIFE P=-S ~=t~~!~~ P~~rE'. !::

I
f
~~

NUaTH CAROI.iNA '. I
MECKLEN6URG COUNTY
Qt25198 C(~i~ 1$~~s~
. t~QRTH CARflL1iVA DEPARTMENT QE lpx3Q -- G~-~GZ~- .3~67'~.
~'RARtS~iDRTAT!ON '
REIMBURSEMENT AGR>=t;tviENT
AND
PRE~.IEGT: R Z~2a e ~ ~~i 3 ~
I!+IQRTH C.ARQLiNA WILDLIFE ~J1..rc.4~-~~~ ~ -
,:
RESOURCES COMMISSION
~:

THtS AGREi:MEt~fT, made and entered ~ttto thi9 ifie _, ~ day ofi i
5998, bet~n~eri ltie OEPARTMENY OF TRANSPaR'fATiC)N. art
;~

- ,;
;~
agency of the S4ate or North Catalina, hereinafteF'-referred ~ as QOT, and tl~e NORTH
CARIJltNA VUILDI.IFE FtESQISRCES t:QMMtSStUAt, ?~t#insRer referred to as 1iVRC;

• •.~
~F-T~ ,:

'
.
WNERFA$, C1f3T hsa pfeper9d antf ,adopted plans tt~ .make certain highway ~!

constrttdiorts and tmpravem~ants under P4~aject=F+~ 2~2ti~ B, t~lleckEenbvrg County, seta plan ~I.
;
~i
c~istirtg dF khe cona~uclian of Uni~/9tsity 8otxteva~ from SR 249H (Teel Road) to east of ~ i
~;
f~5; and
WFIEREAS. the fJ. 5. Army Corps of L-EtgfneQrs, fyereinaftar deferred to as CQE. and
other resotu'ce agencies hsvt expressed coacem regarding t>~Ie expected primary and
I`
secondary impacts qn strettrns t~ tributaries due to ch$nhel tetac~tiorrs and w>vert
~;
Installations ~saodated with the con~trvction of said Pr~Ject< artd,
;.
WHERAS, I~aT Lase agreed to ~pertarFn c~rtairf stream erthgrlcament rnitigatian ate ~ .
,~
1:4 ratio to adciresa these ooncars~ exld meet the permitting r94uirernerZt& far the
cah~truction ai Prd~cct R-242U B: and,
~i
:.
';

FRO~I : THE CATENA GROLIF I NC FAX N0.
EJ.?I77; 2©©d ~i7; 54 336-52?-15aC
9:19-732-1303 Jan. 07 200a 10:3SAM P3
NC WILCLIFE RE?~ Cl7h1M PaGr. :~:3
JQiI Ll' 77 7.J~ f^. UJ
2
WNERF~S, aGl has ~quasted WRC to undertake the planning and
implementation of the agreed to otfi site st;ear~ti er+hancement mi#igation that cannot be
provided Ott any other approVed~pOT,mitsQatian ~itv; ana,
WHEREAS, W[~C has agreed to perform said mit+gatiort subject t4 the canditio+~s
;i
~~
[,ereinafta~r set forth. ~ ~ `
i'
NOW. TFtEREEQRE, the parties i~ereto, eec~ in ccrosic#eraborr of the promisor and ~
• ~~
tu~dertakin&s of tha ai;her as herAirti provtd<3d;~~d4hei!etry~ coveciant and agree, each with the '
I~
,;
Q$19r, aS fD~tOWS:
Z. WRC s['f811 ba ~esponslbte fGr devcJopng a mitigation plarx stir 3Q3 tir~~ f9et of
afFs{te stream enharu~e+neM tttl~atan for i+'npacts associated wEth the
cansttvction of ttte Project. Streams• selected shall ba in Goose Greek located in
the Yac#ICin !fiver Sasirf. Trpit;,at etthancamerti measures may include, but not be
limited to. stream bark stabilizatiocE• ar~dlor ra-veg,eiatiart, installation of fs~r
habitat structures, fish siackittgf artd terx~ttg livestock acct of the stream or
can:~rvci[ng ma~+agec! livestock v~terictg fsGilities. laid plan shgfl b+a reviewed
and appra\ted by the CAE. Alt v,~sic sisal! ba in aa:ordance with DtaTs policy
and procedures end $ubject.to D~T'a review and approval:
i;
2. DOT $hafl be rbsportsibt~ ftx olr~tslnfcig ~a[6 easements needed #o impterneni the
approved mitigation • plan at the • ~eq~ired ratia_ WRC shat t3eip identify tha , ,
~~
preferred mitigation areas but sha!!• ilgt•be ir~votved It1 sactiring -said eassmerrts. I I
• ~ ~ -~
3. WRC shall he retipaneibie for ail "physical stream restoration activities as sat out ~
~~
in the approved mitigatEVn piran. All vprk shall be subject to .the review and
approve( of DOT and comply wi#h fed,aral snd state guide[ines and prQCedures. ~
~~
. ;

FRpM THE CaTENa GR~UF INC FAX NC1• :
E]1!@'iZOE+4 E+7;5a ~?6-5~i-154:;
919- ~ ~~-1 ~~J Jan. L17 ~OL-1 >,o: ~ ,art F-1
rJG tdILGLIFE RCS c~rat~ Fa~;~ ~+a
3
4. WRC shall complete v~+ork set forth in this ~c~re~ament within five (5) years from
the date of exeautian of ti~is A~reecnent or withkt thte® (3) years of the date of
,receipt of the easement, wttirhe"ver is icier. Sn the event DOT (leads an extended
period of time to obtAin the naaessery e88etttent8, the perwd ofi time for WRG to
' petfann the rnltigetidn tasks shat! be ad~ed.
~ DQT shall pay WE~C for said rflltig8ticst~ work as set aut above at the rate of fifty
dollars ($50AQ) Per linear font of 'strearit restores up Uo a mSxtmum amount of
. 54,150 (903 linear feet)_ Reimbursartent to ~VRt: shall tie mods in two (Zy
~paymettts. The ~trst aayment Qf ~2~,~7''5 shall be maQe upon execcction of this
agreement and within 30 days of receipt of an invoice from WRC. The float
"s '
paymarrt of S2Z,~T5 shat!t rs~ds upon r~m~tian of 943 tiraear feat of resfinration.
and ac^eptance of tha pr~ec~ as cample~ by DOT_ Re~rnburgements far each
ir+stailme-~t shelf be made upon .receipt of srt invoice and appropriate
docurnerttatlor~ srom the VwRC, end app~ovat of said ittvctice and documentatiar'
by DOT`a Manager of the P1asVtirtg ~i ErNa+onmentat Branch and ttte+ Fiscal
Section. A, final lmroice must be suE~~rtitted within one t~} year of camPfetion of
said vomit,
6_ Vt/RC shah ma~irtt8in art books, doa~rtt~ntS, paper's accot~nfirtg records, end such
other Qvldertce as m$y be appropriate to substantiate coals incurred under this
Agreement F~athe~r. ~fYRC shaft ~a~ snot maiarlats awaifable at its office at air
rea~vnabte t"smes during tfia oorYtract period, god for three (3) years from ttte data
of finai payment under this Agreement, fat inspec#ion end audit by the DQT's
scat Secti~• .

i
i
i
I

FROrI THE CATENA GRQUP INC FAX NQ. 919-~3~-1303 Jan. Or c004 10:3aar~
• 01iE~'~ Z6i+d ~?, 5a ,: 36-52?-1548 NC WIl_CLIFE RE5 ~Or~M PaG~ !J5
~. WRC shall be r4spon~ible fos meeting tt~e 89t8blished success criteria of tho
mitigation plan. DOT shad be rAspdnsibte for all costs associated with any
required maintenance for a paFin~'of ~f~vt3 €5~ years alter completion of the work
on~a cost9 plus bests. v~RC will be Fespunslble for regWic~ed:matnter~nce for ect
Sdditapnsl ~n (T0} years after completlo[t ad this project.
IN WtTtrlES& WNEREdF, this Agreement has been executed, in duptEcat~,
the day and year h®retafore s8t ~~t~ on:ths~p~ri of bOT and WRC by authority duly
given.
WCtTlE~~:
BY:
ApPRO~U AS TO
BY:
slsrarrr a ~ o tel.
Ht)R"i'Ef G~4RalINA 11SflLDLIFE
RirSOURGES CQMMISSION
NORTH CARflt_tt~ OEPAR't'M~NT
OF POR TION
STATE HIGHWAY
ADM! Nl5TRATQR
PS
~~
~;
~~
.~
,,

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
• Mr. William Gilmore, P.E., Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
PO Box 25201
Raleigh NC 27611-2501
Dear Mr. Gilmore:
1 ~ •
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Juiy 30, 1999
Re: Certification Pursuant to Section 401 of the Federal Clean Water Act, Modification to Water Quality
Certification Number 3049 for the construction of the East Charlotte Outer Loop in Mecklenburg
County, TIP No. R-2123 AC, BB, CC, WQC Project # 990247, COE # 199504596.
Attached hereto is a copy of Certification No. 3240 issued to NC Department of Transportation dated July
30, 1999. This permit modifies the WQC Number 3049 issued for the subject project (R-2132, WQC Project
No. 990247) and authorizes additional activities previously not presented in WQC .3049.
If we can be of further assistance, do not hesitate to contact us.
Attachments
990247.wgc
Sincerely,
. Steve s
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Regulatory Field Office
DWQ, Asheville Regional Office
Central Files
Division of Water Quality Environmental Sciences Branch
Enviro. Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper

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 0.80 acres of jurisdictional wetlands and 32501inear feet of streams in Mecklenburg County pursuant to
an application filed on the 12`h day of March 1999 to construct the East Charlotte Outer Loop.
The application provides adequate assurance that the discharge of fill material into Crosire Creek (and an
unnamed tributary) as well as an unnamed tributary of Reedy 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
your permit application. 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 be valid, you must follow 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 in 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. 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 the 0.80 acres of impacts to jurisdictional wetlands.
The NCDOT will provide mitigation for 1.60 acres of jurisdictional wetlands at the Long Creek
Mitigation Site
7. Compensatory mitigation shall be done for 31941inear feet of streams. The mitigation shall be
provided in the Goose Creek Basin as described below:

Site Linear Feet of Restoration
Law ers Road Mitigation Site 1100 Linear Feet
Undetermined WRC Miti ation Site 2094 Linear Feet
Total 3194 Linear Feet
The proposed stream restoration will be performed in such a manner as to meet the criteria
specified in the following definition:
Stream restoration is defined as the process of converting an unstable, altered, or degraded
stream corridor, including adjacent riparian zone and flood prone areas to its natural or
referenced, stable conditions considering recent and future watershed conditions. This process
also includes restoring the geomorphic dimension, pattern, and profile as well as the biological
and chemical integrity, including transport of water and sediment produced by the stream's
watershed in order to achieve dynamic equilibrium.
8. Failure to complete an approved mitigation plan that provides appropriate stream restoration as
defined above within one year of the issuance of the 404 permit will result in this permit _
becoming null and void. An approved plan is defined as a complete mitigation plan reviewed- and
approved by the Director of Water Quality (or officially designated agent). However, in the event
of the failure to complete an approved mitigation plan as described above, the NCDOT can fulfill
the requirement through an appropriate payment into the Wetland Restoration Program. 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.
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
aze made conditions of the Federa1404 and/or Coastal Area Management Act Permit. This Certification
shall expire upon the expiration of the 404 or LAMA 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 Cazolina General Statutes and filed with the Office of
Administrative Heazings, 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 30`" day of July 1999
DIVISION OF WATER QUALITY
~~"~~~
C:\ncdot\TIP R-2123\wqc\990247wgc.doc

saANFo
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. r.o. Box zs2o~, RALEIGI-F, N.C. z~6~ i-slot E. NORRIS TOLSON
GOVERNOR ~~~~D SECRETARY
r ~~ r. t ..
~~~ ~~ ~~~
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 143 r .~~
Asheville, NC 28801-5006 ~~~~_~~..~,~. = Mph J ~'
¢, ~~
~. :' ~` '"
ATTN: Mr. Steve Lund ~ ~ 4!~`'~
NCDOT Coordinator ~~'1'~%~ ..''L Ic:tt'`•'~ ~`"~
Dear Sir:
SUBJECT: APPLICATION FOR AN INDIVIDUAL PERMIT MODIFICATION FOR THE
EAST CHARLOTTE OUTER LOOP IN MECKLENBURG COUNTY, TIP NO.
R-2123.
On June 18, 1996 and December 18, 1995 respectively, the United States Army Corps of
Engineers (USAGE) 404 Individual Permit (Action ID #199504596) and the North Carolina
Division of Water Quaity (DWQ) 401- Water Quality Certification (WQC # 3049) were issued
for the subject project The wetland impacts in the original permit application were derived from
both final (sections CA, CB, CC) and preliminary (sections BA, AC, BA, BB) plans and the final
total of 6.75 acres was thought to be the maximum wetland impact. NCDOT committed to
notify the resource agencies of any changes in wetland impacts once plans were finalized for
sections AB, AC, BA, and BB.
Another commitment in the original application was that NCDOT would forward up-to-
date threatened and endangered species surveys for each section as it came time for letting.
There are four species within the project area, the Carolina heeIsplitter (Lasmigona Decorata) ,
Schweinitz's sunflower (Helianthus schweinitzn~, Michaux's sumac (Rhus michauxii~, and
smooth coneflower (Echinacea laevigata). Surveys for the each species have been completed for
the entire project area with no individuals discovered. The full report is attached. Please note,
the report on the Carolina heelsplitter is also required by the Nationwide Permit 23, Action ID
#199830908, for section R-2123 AD.
WETLANDS
During the endangered species surveys, jurisdictional wetlands not previously identified
were discovered on sections AC and CC. These wetlands will be impacted by the proposed

2
project. The wetlands have been classified according to the United States Fish and Wildlife
Service wetland classification (Cowardin, 1979) system and the North Carolina Natural Heritage
Program Natural Community Classification (Schafale and Wealcley,1990). The DWQ wetland
rating system was also applied to each wetland site. Table 1 shows the wetland communities,
quality analysis, and acres of impact for each section of the project.
TABLE 1. East Charlotte Oater Loop (R 2123) Wetland Communities. Onality An91~Q~A
and Total Impacts - " -~~''-''
Site Cowardin Schafale & Weakley DWQ Acres
Classification Classification Rating Impacted
Section AC
1 PEM1E Piedmont/Mountain Bottomland Forest 28 0
16
2 PFOIA Piedmont/Mountain Bottomland Forest 17 .
0.05
SUBTOTAL 0
21
Section CC .
l PFOIA Piedmont/Mouirtain Bottomland Forest 17 0
02
2 PFOIA Piedmont/Mountain Bottomland Forest 17 ,
0
08
3 PSS1C Piedmont/Mountain Bottomland Forest 30 .
0
24
4 PFO1C Piedrnont/Mountain Bottomland Forest 32 .
0
12
5 PSSIA Piedmont/Mountain Bottomland Forest 16 .
0.13
SUBTOTAL 0.59
TOTAL O,gp
PEMI E - Palustrine Emergent Persistent Seasonally Flooded/Saturated
rrvtA - ratustnne Forested Broad-leaved Deciduous Temporarily Flooded
PSS1C - Palustrine Scrub-Shrub Broad-leaved Deciduous Seasonally Flooded
PFOI C - Palustrine Forested Broad-leaved Deciduous Seasonally Flooded
PSSIA - Palustrine Scrub-Shrub Broad-leaved Deciduous Temporarily Flooded
The wetland vegetation was basically similar for the wetlands in both sections except for
site 1 in section AC. This wetland is located in a pasture and is comprised of herbaceous
vegetation. The remaining sites are either wooded or scrub-shrub and are dominated by sweet
gum (Liquidambar styrac~ua), red maple (Acer rubrum), and various oaks (Quercus sp.} in the
canopy. The shrub species included all the tree species, ironwood (Carpim~s caroliniana),
Chinese privet (Ligustrum sinerrse), black cherry (Prunes serotinrr}, and green ash (Fraxinus
pennsylvanica). The herbaceous and vine layers contain seedling tree and shrub species,
Japanese honeysuckle (Lonicera japonica), soft rush (Juncos ef,~usus), sedges (Carex sp.},
microstegium (Microstegium sp.), and poison ivy {Toxicodendron radicans).
The "Acres Impacted" column in Table 1 reflects total impacts due to permanent fill and
mechanized clearing in wetlands. In each case, the entire wetland is being impacted, not just a
portion of it. Drawings have been provided for the sites in section AC, but not section CC. The
impacts on each section are itemized in the summary sheets. The total for the two projects is 0.80
acres. Method III mechanized clearing will be used throughout the project.

3
In addition to the wetland impacts, there are additional impacts to surface waters that
were not accounted for in the original permit; two crossings of perennial streams on section CC
and one of a perennial stream and a farm pond on section BB. The stream crossings on section
CC were omission errors in the original permit while the stream and pond on section BB will be
impacted due to a grade change at the intersection of the proposed highway and SR 2803 (Plaza
Road Extension). The impacts are detailed in Table 2.
~.,,~.,
SURFACE WATERS
=ti+~ ~. ~~i l.IIarlOlte enter
Site Water Body
(K--2123) Surface Water
Channel Channel
Impact Replaced
inear feet) (linear feet)

330
2370
2710
442 360
540 360
Channel Acres
Net Loss Impacted
inear feet)
330
2370
2710
0.32
82
82
Section CC
I Crosire Creek
2 UT to Crosire Creek
SUBTOTAL
Section BB
1 Farm Pond
2 UT to Reedy Creek
SUBTOTAL
TOTAL
3250 360 2792 0.32
MITIGATION
The Long Creek Mitigation Site was utilized to compensate for the 6.75 acres of impacts
identified in the original permit. NCDOT proposes to compensate for the additiona10.80 acre of
wetland impacts by offering 1.60 acres of wetland restoration from Long Creek Mitigation Site.
A full accounting of the Long Creek Mitigation Site is provided in Table 3
Table 3 Accounting of the Long Creek M
Mecklenburg Co.
Habitat Acres at Start: R-211 R-2
Site
R-2248 U-2506 R-2123 Acres
42.9 1 7.2
*9.8f *1.6f 6.76
I roza~ i 42.9 ~ 7.2 ~ 15.0 ~ 2.54 9.8 1.6 6.76
As is indicated in the drawings, sheets 10 - 21, NCDOT will relocate the unnamed
tributary to Crosire Creek between the proposed roadway and the adjacent hill. Due to the
narrowness of this area, NCDOT was limited in the techniques applicable to thys relocation
design. However, NCDOT was able to create a design that matches the existing grade of the

4
existing creek and has provided Iow flow channels in the areas wide enough to accommodate
them. While NCDOT realizes that this relocation does not provide the same functions as the
existing stream and cannot be considered equitable onsite ntigation, NCDOT believes this effort
does warrant reducing the mitigation ratio for this particular stream to 1:1. Table 4 itemizes the
stream impacts and the amouat of mitigation NCDOT proposes to provide.
~1'A13LE 4. Stream Mitigation Proposed For the East Charlotte Outer Loop.
Site Water Body Channel Net Loss Mitigation ,Proposed Mitigation
(linear feet) Ratio (linear feet)
Section CC
1 Crosire Creek 330 2:1 660
2 UT to Crosire Creek 2370 1: I 2370
Section BB
2 UT to Reedy Creek 82 2:1 164
TOTAL 2782 3194
AlI the impacts occur in the Yadkin River Basin. NCDOT has reached a tentative
agreement with the Wildlife Resource Commission (WRC) to pmvide the 31941inear feet of
stream restoration in the Goose Creek Basin, which is a subbasin of the Yadkin and one of the
few remaining areas which still supports a viable population of the Carolina heelsplitter. This
agreement is in the process of being finalized and will be delivered to the resource agencies as
soon as it is signed.
It is requested that these activities be authorized through a modification of the Section
404 Individual Penaut. By copy of this application, the NCDOT requests that the NC Division of
Water Quality review the proposal for authorization through a modification of the 401 Water
Quality Certification. If you have any questions or need any additional information, please
contact Mr. Michael Wood at [phone].
Sincerely,
~c~~,~
William D. Gilmore, PE, Manager
Planning and Environmental Branch°~
cc: Mr. David Franklin, USACE, NCDOT Coordinator
Mr. John Dorsey, Division of Water Quality
Mr. David Cox, NCWRC
Mr. John Hefner, USFWS
Mr. B. G. Payne, P.E., Division 10 Engineer
~Sb~"

sF~s~
STATE of NORTH CAROLINA
DEPARTIVIENT OF TRANSPORTATION
JAMES B. HUNT JR P.o. sox uzol, RALEIGH, N.C. 2761 t-s2o1 E. NORRIS TOLSON
GOVERNOR SECRETARY
Mazch 9,1999
MEMO TO: Cindy Sharer, Unit Head
Project Development Unit
FROM: Michael Wood, LSS
Natural Systems Specialist
SUBJECT: Species Survey for Schweinitz's sunflower (Helianthus
schweinitzii), smooth coneflower (Echinacea laevigata) and
Michaux's sumac (Rhos Michauxii)-for Sections R-2123 AC, AD,
BA, BB, and CC of the Charlotte Outer Loop, Mecklenburg
Couaty, Federal Aid Project No. MAF-I 17-1(3). State Project No.
8.1671601. TIP No. R-2123 AA
As of January 15, 1999, the four subject species are the federally listed species for
Mecklenburg County. Surveys for the three vascular plants, Schweinitz's sunflower,
smooth coneflower, and Michaux's sumac, were performed on the following dates in
1998: July 28 and 29, August 6 and 7, and October 28. These surveys covered sections
AC, AD, BA, BB, aad CC. The proposed roadway was
Surveys were conducted by NCDOT biologists Mike Wood, Hal Bain, Teryn
Smith, Chris Rivenbazk and Logan Williams. Survey methodology included visiting a
known population of Schweinitz's sunflower in order to observe the plant in flower.
Mapping of the project area was used to locate areas of habitat for the three species. Once
these areas were identified they were surveyed by walking the study azea. All plants in
the family Asteraceae and in the genus Rhos were closely inspected, Schweinitz's
sunflower, smooth coneflower, and Michaux's sumac were not found during the survey.
The North Carolina Natural Heritage program database of rare species was examined and
there was no record of the three species in the project area. Given the results of the
survey it can be concluded that the proposed project will not impact Schweinitz's
sunflower, smooth coneflower, or Michaux's sumac.
cc: Charles Bruton, Assistant Branch Manager, PDEA
Phil Harris, Natural Systems Unit Head

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` Nov-06-98 04:07P Dennis K: ~ Hoy7e and Assoc ~ [phone] ~r~nr<':.~ :s:=.~~p~O2

SUMMARY OF AFFECTED PROPERTY OWNERS
SITE TRACT
NO. NO. OWNER ADDRESS
3 43 Sue Lemmond Helms 3S~ gy~iro pl
Charlotte, NC 28210
48 NCDOT 716 West main St.
Albemarle, NC 28001
57 Franklin M. b Elaine R. Connel! 10000 Connell Rd.
Charlotte, NC Z822T
Q 56 NCDQT 716 West main St.
Albemarle, NC 28001
58 Richard D. 8 Lisa D. Newton, ET AL 7402 Whitmire Ln.
Charlotte, NC 28227
55 Bobby G. ~ Carol N. Whisnant 9815 Blair Rd.
. Charlotte, NC 28227
D
~~
-~~ (9 }
v Donald Denny Allen P.O. Box 23136
•- Charlotte, NC 28227
40 Daniel J. Houston, Jr. 6201 BaRlett Rd.
Charlotte. NC 28227
SURFACE WATER ONLY
NC DEPT. OF TRANSPORT.4T1C'~J
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
STATE PRgJ: 8. U671613 (R-2123AC)
CHARLOTTE OUTER LOOP FROM
S. OF NC 218 TO N. OF NC 51
SHEET 5 OF ~_

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NAME AND ADDRESS
PARCEL NO. OWNER'S NAME ADDRESS
1 HOLCOMBE, ETTA PATRICL9~ 12215 PLAZA RD. EXT.
JAMES P. CHARLOTTE, NC 28215
WILLIAM E.
2 MID SOUTH WATER SYSTEMS INC.
3 NCDOT
(WAS -REAL ESTATE PLANNING
& DEVELOPMENT)
~ MARTHA HACKEY GRODZICKI
12 RUTH F. STEGALL
(ESTATE)
13 MICHAEL D. (& -WIFE JAMIE S.)
PRYOR
1~ VERTIE BARNETT STEGALL
RFD 1
SHERRIES FORD, NC 28673
255 CHEROKEE RD.
CHARLOTTE, NC 28207
COO CATHIE F. STARNES
2321 HIGH RIDGE CHURCH
MARSHVILLE NC 28103
12930 PLAZA RD. EXT.
CHARLOTTE, NC 28215
13000 PLAZA RD. EXT.
CHARLOTTE. NC 28215
N. C. DEPT.OF TRANSPORTATIO]
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
PROJECT:8.U691610 (R2123CC )
PART OF EAST CHARLOTTE
OUTERLOOP FROM SOUTH
OF SR 2802 (ROCKY RIVER
ROAD) TO SOUTH OF NC I9
(UNIVERSITY CITY BLVDa
SHEET ZZ OF 22

!~"~"he Guidance Manual for the Restoration of
Streams in
North Carolina
The North Carolina Division of Land Resources
The North Carolina Division of Water Quality
The United States Army Corps of Engineers

-•
Preface
This Guidance is intended to provide clarification of the requirements and acceptable practices regarding
stream restoration in the State of North Carolina.
Stream restoration is defined as the process of converting an unstable, altered, or degraded stream
corridor, including adjacent riparian zone and flood prone areas to its natural or referenced, stable
conditions considering recent and future watershed conditions. This process also includes restoring the
geomorphic dimension, pattern and profile as well as biological and chemical integrity, including
transport of water and sediment produced by the stream's watershed in order to achieve dynamic
equilibrium.
The objective of stream restoration is to return a degraded stream its natural (or naturalized) form and
function. Most natural streams are complex ecosystems that function on many levels. Traditional methods of
stream engineering mostly address flooding issues and stormwater channel design. To properly restore a
stream one must consider the normal function and flow of the stream, as well as its response to rain events. A
good engineering analogy to compare stormwater channel design to stream restoration design would be to
compare the design. of a municipal wastewater collection system to the design of the collection system and
the wastewater treatment plant. Although many similar hydraulic calculations are used, the design of the
wastewater treatment plant often requires knowledge of complex biological, chemical, and physical systems
not considered in the design of the collection system.
It must be remembered that stream restoration or relocation projects conducted for mitigation will have
monitoring requirements. If the project fails it will have to be corrected. As such, it is important that the
restoration be properly designed initially to better ensure success.

~ Chapter 1 - A Regulatory Framework
Chapter 2 -Important Design Elements Checklist
Chapter 3 -Problem Situations
Chapter 4 -Enhancement Techniques
Chapter 5 -Common Mistakes
References
Appendix

Regulatory Considerations
This section contains some basic regulatory information from each agency's perspective as it relates to
stream restoration and stream impacts. It also contains a flow chart describing how best to a pproach a
development project (from the agency's perspective) in order to expedite a project from a permitting
certification perspective.

DEVELOPER IDENTIFIES POTENTIAL DEVELOPMENT SITE
DEVELOPER/CONSULTANTZDENTIFIES
JURISDICTIONAL WATERSNVETLANDS
AND THE CORPS CONFIRMS
I
DEVELOPER CONSULTANT IDENTIFIES
IMPACTS FROM PLANNED DEVELOPMENT ~
IF REQUIRED, DEVELOPER SUBMITS
PRE-CONSTRUCTION NOTIFICATION
TO CORPS AND DWQ
SMALLER IMPACTS: LARGER IMPACTS:
GENERAL PERMIT INDIVIDUAL PERMIT
GENERAL CERTIFICATION INDIVIDUAL CERTIFICATION
PUBLIC NOTICE
REVIEW BY DWQ/CORPS FOR
AVOIDANCE/MINIMIZATION OF IMPACT
NEED FOR PROJECT MITIGATION ETC.
ISSUE OR DENY 404 PERMIT AND 401 CERTIFICATION
NOTE: BOTH INDIVIDUAL AND GENERAL PERMITS
AND CERTIFICATIONS MAY HAVE CONDITIONS
THAT MUST BE MET PRIOR TO IMPACTS

1) DLR requirements
LAND RESOURCES DIVISION/ LAND QUALITY SECTION
SEDEVIENTATION & EROSION CONTROL POLICY & LAW
The single largest polluter by volume of North Carolina's lakes, rivers and stream is sedimentation caused by
soil erosion.
Any time an acre or more of land is cleared for commercial, residential, industrial or road construction
purposes, a state or local government approved erosion control plan is required. Property owners must
submit, and receive, approval of an erosion and sedimentation control plan before beginning a land
disturbing activity. The plan must be followed until the land disturbing activity is complete and a permanent
groundcover is established. This "law" also requires the use of erosion control measures to keep
sedimentation out of streams and lakes and from washing onto adjacent property. Streams will be protected
by buffers on a site by site basis. Land disturbing activities within the Neuse River drainage basin are subject
to a buffer width of 50', high quality waters (HWQ) and trout streams also require riparian buffer protection.
Stream stabilization, when required, must be stabilized by erosion and sedimentation control devices that
will withstand. a velocity generated by the design storm.
Failure to have an approved plan before the land disturbing activity begins can result in temporary
restraining order (TRO), injunctive relief, a stop work order, or the inception of a Civil Penalty Assessment
(CPA) that can result in a fine up to $500 per day, and possible criminal convictions.
2) Corps requirements -brief (source) 404
Department of the Army Permitting for Stream Restoration ,
Pursuant to Section 10 of the Rivers and Harbors Act of 1899, a Department of the Army (DA) permit is
required for any structure or work in or affecting navigable waters of the United States. Navigable waters
are those waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used
in the past, or may be susceptible for use to transport interstate or foreign commerce.
A DA permit is required pursuant to Section 404 of the Clean Water Act for any discharge of excavated or
fill material into waters of the United States. Waters of the United States include:
• All waters which are currently used, or were used in the past, or may be susceptible for use to transport
interstate or foreign commerce;
• All interstate waters including interstate wetlands
• All other waters such as intrastate lakes, rivers, stream (including intermittent streams), mudflats,
sandflats, wetlands...the use, degradation or destruction of which could affect interstate or foreign
commerce
• All impoundments of waters otherwise defined as waters of the United States
• Tributaries of waters as described above
• The territorial seas
• Wetlands adjacent to waters as described above
In regards to stream restoration, a DA permit is required for any discharge of excavated or fill material below
the ordinary high water mark of a stream (including intermittent stream) or river. This includes earthen
material as well as rock, concrete, or other similar materials utilized as fill. Ordinary high water is defined as
"the line on the shore established by the fluctuations of water and indicated by physical characteristics such

as clear, natural lines impressed on the bank, shelving, changes in the character of soil, destruction of
terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the
characteristics of the surrounding areas." In Wilmington District, the two-year storm elevation is considered
to be a reasonable approximation of ordinary high water for permitting purposes, although best professional
judgement should always be utilized when appropriate.
3) DWQ Requirements -brief (source) 401
Stream restoration is defined as the process of converting an unstable, altered, or degraded stream
corridor, including adjacent riparian zone and flood prone areas to its natural or referenced,
stable conditions considering recent and future watershed conditions. This process also includes
restoring the geomorphic dimension, pattern and profile as well as biological and chemical
integrity, including transport of water and sediment produced by the stream's watershed in order
to achieve dynamic equilibrium.
i) mitigation and relocation requirements
ii) NBR, Water Supply, Randleman, Trout, HQW, ORW, etc.

Some Key Restoration Concepts w/Checklist
There are many approaches to stream restoration in current literature; however, some key concepts are
pervasive in the most common and accepted methods. Understanding and addressing these items should
increase the chances of success for a restoration project.
^ Determination of the Dominant Channel Forming Discharge -This is often referred to as the bankfull
bench (in natural, stable streams), effective discharge, or the channel forming flow. This discharge is
usually the result of a 1 to 2.5 year storm on most streams. In the North Carolina Piedmont the discharge
has been determined to be from a 1.1 to 1.8 year storm.
^ Determination of proper bed, bank, and flood plain cross-section geometry -This is an important
determination for the normal flow, the channel forming flow, and extreme high flow conditions. These
dimensions can be determined from by comparison to proper reference reaches or the use of regional
curves. This usually requires several cross-sections showing the position of gravel bars, thalwegs, pools,
riffles, etc.
^ Stream Classification -This is a description of how a stream should or does behave in its natural
condition.
^ Sediment Transport, Yield, and Delivery Budgets - No natural stream is absolutely stable; however, most
natural strums exist in a state of relative equilibrium. As such it is essential to determine and understand
proper or expected sediment movement in a stream system.
^ Determination of proper bed, bank, slope, and flood plain planform geometry -This includes proper
determination of meander geometry, riffle pool or gravel bar pool sequencing.
^ Riparian Buffer Zones -Buffers are needed to protect the stream and enhance aquatic habitat.
^ Biological Considerations
^ Proper selection, density, and placement of vegetation. The use of turf grasses should be limited to
temporary stabilization practices.
^ Soil Properties
^ Selection of proper in stream habitat structures and substrate
^ Stability -There should be no accelerated erosion. For the most part this can be demonstrated by
showing that allowable velocities and shear stresses are not exceeded (appendix). In order to meet DLR.
requirements, stability has to be demonstrated quantitatively in, at a minimum, the 10 year storm. Please
keep in mind that a stream is a dynamic system, as such the use of hard structures should only be used
where absolutely necessary.
^ Monitoring Plan - A proper monitoring program includes procedures to monitor macrobenthos and fish
following NC DWQ's Standard Operating Procedures for macrobenthos and fish monitoring (see Angela
for a copy and reference). Monitoring should be conducted for one year before disturbance (or one year
of a reference stream) followed by at least three years after the stream is relocated or restored. Plant
survival and stream bank stability should be monitored as well.

D) Problem Situations
1) Urban/Suburban
a) Changing hydrology
b) Stormwater pollutants
c) Restricted land/flood plain availability
d) Flashy
e) Conflicting vegetation requirements
2) ls` Order
a) Difficult to identify the bankfull bench
b) No flood plain
3) Tie ins -See Appendix or References (Doug's stuff)

E) Preferred Stabilization and Enhancement Techniques
In general "soft" techniques such as vegetation is required over hard techniques such as rip rap wherever
applicable. There are many references for various stabilization and enhancement techniques (refs). Careful
consideration should be given to the applicability of a given technique in each situation.

A
~t
F) Common Mistakes - Do we want such a section???
G) Contacts
H) Sources and References
1) Sources for general information on Stream Restoration.
2) Sources of Regional Curve Information.
3) Sources for stabilization and enhancement techniques.
4) Sources for tie-in techniques
5) Sources for information of calculations and modeling techniques used in stream restoration.
6) References
Rosgen, Dave; Applied. River Morphology. Wildland Hydrology, 1996. phone - [phone]
Wilkerson, Shawn D., Linden, Karl G., Bowen, James D., Allan, Craig J.; Development and Analysis of
Hydraulic Geometry Relationships for the Urban Piedmont of North Carolina. for Charlotte
Stormwater Services, January 1, 1998 to September 30, 1998.
Harman, William A., Jennings, Gregory D., Patterson, Jan M., Clinton, Dan R., Slate, Louise O., Jessup,
Angela, G., Everhart, Richard J., Smith Rachel E.; Bankfull Hydraulic Geometry Relationships for North
Carolina Streams.
Stream Corridor Restoration Principles, Processes, and Practices, USDA
(http•//www.usda_gov/stream restoration)
Allen, Hollis H., Leech, James R.; Bioengineering for Streambank Erosion Control Report 1 Guidelines.
U.S. Army Corps of Engineers, April 1997
Draft Guidelines for Stream Relocation and Restoration in North Carolina; Habitat Conservation
Program; Division of Inland Fisheries, North Carolina Wildlife Resources Commission, January 1999.
V.A. Poulin, V.A. Poulin and Associates Ltd. 2153 West 46th Avenue, Vancouver, BC, V6M 2L2; H.W.
Argent, Consulting Civil Engineer 71-3295 Sunnyside Road, Anmore, BC, V3H 4Z4 Stream Crossing
Guidebook for Fish Streams, A Working Draft for 1997/1998.
http://www.for.gov.bc.ca/tasb/legsregs/fpc/fpcguide/stream/str-toc.htm
Standard Operating Procedures Biological Monitoring. Environmental Sciences Branch, NC DWQ.
1) Appendix
Doug's Tie in thing
Determination of Shear Stress for Stream Stabilization

l

,~~~
:~
~ -~~
~ ' ~~
-~~.~-
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT 7R.
GOVERNOR
December 22, 2000
Ms. Marella Bunciek
U. S. Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville North Carolina 28801

DAVID MCCOY
SECRETARY
Subject: Goose Creek Water Quality Monitoring Reports, East Charlotte Outer
Loop, Mecklenburg County, Federal-Aid No. MAF-117-1(3), TIP R-2123
Dear Marella:
Please find enclosed the Goose Creek water quality monitoring results that were
performed from December 8, 1999 through October 28, 2000, when construction was
completed on this section of the highway. As outlined in the .Biological Conclusion dated
July 22, 1999, NCDOT installed two single-stage sampling devices which take samples
during or just after a rain event. Samples were collected every 2 weeks or as rainfall
events required. If a sampler was empty when the site was visited for collection, abase-
flow sample of the stream was taken.
If you need additional information, please contact Mr. Michael Wood at 919-733-1194.
Sincerely,
~~ William D. Gilmore, P.E., Manager
Project Development and
Environmental Analysis Branch
cc: .Steve Lund, USACE
John Alderman, WRC
Cynthia Van Der Wiele, DWQ
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone] TRANSPORTATION BUILDING
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET
1548 MAIL SERVICE CENTER WEBS/TE: WWW.DOH.DOT.STATE.NC.US RALEIGH NC
RALEIGH NC 27699-1548

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STATE of NORTH CAROLINA
. DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. P.o. sox 2s2o1, RALEIGH, N.C. 27611-s201 E. NORRIS TOLSON
GOVERNOR
March 12, 1999
SECRETARY
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 143
Asheville, NC 28801-5006
ATTN: Mr. Steve Lund
NCDOT Coordinator
Dear Sir:
SUBJECT: APPLICATION FOR AN INDIVIDUAL PERMIT MODIFICATION FOR THE
EAST CHARLOTTE OUTER LOOP IN MECKLENBURG COUNTY, TIP NO.
R-2123.
On June 18, 1996 and December 18, 1995 respectively, the United States Army Corps of
Engineers (USAGE) 404 Individual Permit (Action ID #199504596) and the North Carolina
Division of Water Quality (DWQ) 401 Water Quality Certification (WQC # 3049) were issued
for the subject project. The wetland impacts in the original permit application were derived from
both final (sections CA, CB, CC) and preliminary (sections BA, AC, BA, BB) plans and the final
total of 6.75 acres was thought to be the maximum wetland impact. NCDOT committed to
notify the resource agencies of any changes in wetland impacts once plans were finalized for
sections AB, AC, BA, and BB.
Another commitment in the original application was that NCDOT would forward up-to-
date threatened and endangered species. surveys for each section as it came time for letting.
There are four species within the project area, the Carolina heelsplitter (Lasmigona Decorata) ,
Schweinitz's sunflower (Helianthus schweinitzii), Michaux's sumac (Rhus michauxii), and
smooth coneflower (Echinacea laevigata). Surveys for the each species have been completed for
the entire project area with no individuals discovered. The full report is attached. Please note,
the report on the Carolina heelsplitter is also required by the Nationwide Permit 23, Action ID
#199830908, for section R-2123 AD.
WETLANDS
During the endangered species surveys; jurisdictional wetlands not previously identified
were discovered on sections AC and CC. These wetlands will be impacted by the proposed

2
project. The wetlands have been classified according to the United States Fish and Wildlife
Service wetland classification (Cowardin, 1979) system and the North Carolina Natural Heritage
Program Natural Community Classification (Schafale and Weakley, 1990). The DWQ wetland
rating system was also applied to each wetland site. Table 1 shows the wetland communities,
quality analysis, and acres of impact for each section of the project.
TABLE 1. East Charlotte Outer Loop (R-2123) Wetland Communities, Quality Analysis,
and "Total Impacts
Site Cowardin Schafale & Weakley DWQ Acres
Classification Classification Rating Impacted
Section AC
1 PEM1E Piedmont/Mountain Bottomland Forest 28 0.16
2 PFOlA Piedmont/Mountain Bottomland Forest 17 0.05
SUBTOTAL 0.21
Section CC
1 PFOIA Piedmont/Mountain Bottomland Forest 17 - 0.02
2 PFOIA Piedmont/Mountain Bottomland Forest 17 0.08
3 PSS1C Piedmont/Mountain Bottomland Forest 30 0.24
4 PFO1C Piedmont/Mountain Bottomland Forest 32 0.12
5 PSS1A Piedmont/Mountain Bottomland Forest 16 0.13
SUBTOTAL 0.59
TOTAL 0.80
r~ivi i r, - raiustrme emergent Persistent Seasonally Flooded/Saturated
PFOlA -Palustrine Forested Broad-leaved Deciduous Temporarily Flooded
PSS 1 C -Palustrine Scrub-Shrub Broad-leaved Deciduous Seasonally Flooded
PFO1 C -Palustrine Forested Broad-leaved Deciduous Seasonally Flooded
PSS1A -Palustrine Scrub-Shrub Broad-leaved Deciduous Temporarily Flooded
The wetland vegetation was basically similar for the wetlands in both sections except for
site 1 in section AC. This wetland is located in a pasture and is comprised of herbaceous
vegetation. The remaining sites are either wooded or scrub-shrub and are dominated by sweet
gum (Liquidambar styracijlua), red maple (Ater rubrum), and various oaks (Quercus sp.) in the
canopy. The shrub species included all the tree species, ironwood (Carpinus caroliniana),
Chinese privet (Ligustrum sinense), black cherry (Prunus serotina), and green ash (Fraxinus
pennsylvanica). The herbaceous and vine layers contain seedling tree and shrub species,
Japanese honeysuckle (Lonicera japonica), soft rush (Juncus effusus), sedges (Carex sp.),
microstegium (Microstegium sp.), and poison ivy (Toxicodendron radicans).
The "Acres Impacted" column in Table 1 reflects total impacts due to permanent fill and
mechanized clearing in wetlands. In each case, the entire wetland is being impacted, not just a
portion of it. Drawings have been provided for the sites in section AC, but not section CC. The
impacts on each section are itemized in the summary sheets. The total for the two projects is 0.80
acres. Method III mechanized clearing will be used throughout the project.

SURFACE WATERS
In addition to the wetland impacts, there are additional impacts to surface waters that
were not accounted for in the original permit, two crossings of perennial streams on section CC
and one of a perennial stream and a farm pond on section BB. The stream crossings on section
CC were omission errors in the original permit while the stream and pond on section BB will be
impacted due to a grade change at the intersection of the proposed highway and SR 2803 (Plaza
Road Extension). The impacts are detailed in Table 2.
TABLE 2. East Charlotte Outer Loop (R-2123) Surface Water Impacts
Site Water Body Channel
Impact
(linear feet) Channel
Replaced
(linear feet) Channel
Net Loss
(linear feet) Acres
Impacted
Section CC
1 Crosire Creek 330 330
2 UT to Crosire Creek 2370 2370
.SUBTOTAL 2710 2710
Section BB
1 Farm Pond 0.32
2 UT to Reedy Creek 442 360 82
SUBTOTAL 540 360 82
TOTAL 3250 360 2792 0.32
MITIGATION
The Long Creek Mitigation Site was utilized to compensate for the 6.75 acres of impacts
identified in the original permit. NCDOT proposes to compensate for the additiona10.80 acre of
wetland impacts by offering 1.60 acres of wetland restoration from Long Creek Mitigation Site.
A full accounting of the Long Creek Mitigation Site is provided in Table 3
Table 3 Accounting of the Long Creek Mitigation Site
Long Creek TIP TIP TIP TIP 'TIP
DEBIT llESIT DEBIT DEBIT DEBIT
Mecklenburg Ca
Habitat Acres at Start: R-211 R-2123 R-2248
(AB,AC) U-2506 R-2123
(Mod.) Acres
Remaining
SPH Rest/Crea 42.9 7.2 15.0 2.54 *9.8
*proposed * 1.6
*proposed 6.76
Total 42.9 7.2 15.0 2.54 9.8 1.6 6.76
As is indicated in the drawings, sheets 10 - 21, NCDOT will relocate the unnamed
tributary to Crosire Creek between the proposed roadway and the adjacent hill. Due to the
narrowness of this area, NCDOT was limited in the techniques applicable to this relocation
design. However, NCDOT was able to create a design that matches the existing grade of the

4
p
•
existing creek and has provided low flow channels in the areas wide enough to accommodate
them. While NCDOT realizes that this relocation does not provide the same functions as the
existing stream and cannot be considered equitable onsite mitigation, NCDOT believes this effort
does warrant reducing the mitigation ratio for this particular stream to 1:1. Table 4 itemizes the
stream impacts and the amount of mitigation NCDOT proposes to provide.
T ~ T1i T I [li
1 t1DLL' ~F. azream iviit-ganon rroposea Nor the mast Charlotte Outer Loop.
Site Water Body Channel Net Loss Mitigation Proposed Mitigation
(linear feet) Ratio (linear feet)
Section CC
1 Crosire Creek 330 2:1 660
2 UT to Crosire Creek 2370 1:1 2370
Section BB
2 UT to Reedy Creek 82 2:1 164
TOTAL 2782 3194
All the impacts occur in the Yadkin River Basin. NCDOT has reached a tentative
agreement with the Wildlife Resource Commission (WRC) to provide the 31941inear feet of
stream restoration in the Goose Creek Basin, which is a subbasin of the Yadkin and one of the
few remaining areas which still supports a viable population of the Carolina heelsplitter. This
agreement is in the process of being finalized and will be delivered to the resource agencies as
soon as it is signed.
It is requested that these activities be authorized through a modification of the Section
404 Individual Permit. By copy of this application, the NCDOT requests that the NC Division of
Water Quality review the proposal for authorization through a modification of the 401 Water
Quality Certification. If you have any questions or need any additional information, please
contact Mr. Michael Wood at [phone].
Sincerely,
~/ C~~ ~ ~-
William D. Gilmore, PE, Manager
Planning and Environmental-Branch
cc: Mr. David Franklin, USACE, NCDOT Coordinator
Mr. John Dorney, Division of Water Quality
Mr. David Cox, NCWRC
Mr. John Hefner, USFWS
Mr. B. G. Payne, P.E., Division 10 Engineer

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STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. P.o. Box 2s2o1, RALEIGH, N.C. 2761 I-s201 E. NORRIS TOLSON
GOVERNOR
March 9, 1999
SECRETARY
MEMO TO: Cindy Sharer, Unit Head
Project Development Unit
FROM: Michael Wood, LSS ~'~
Natural Systems Specialist
SUBJECT: Species Survey for Schweinitz's sunflower (Helianthus
schweinitzii), smooth coneflower (Echinacea laevigata) and
Michaux's sumac (Rhus Michauxii) for Sections R-2123 AC, AD,
BA, BB, and CC of the Charlotte Outer Loop, Mecklenburg
County, Federal Aid Project No. MAF-117-1(3). State Project No.
8.1671601. TIP No. R-2123 AA
As of January 15, 1999, the four subject species are the federally listed species for
Mecklenburg County. Surveys for the three vascular plants, Schweinitz's sunflower,
smooth coneflower, and Michaux's sumac,. were performed on the following dates in
1998: July 28 and 29, August 6 and 7, and October 28. These surveys covered sections
AC, AD, BA, BB, and CC. The proposed roadway was
Surveys were conducted by NCDOT biologists Mike Wood, Hal Bain, Teryn
Smith, Chris Rivenbark and Logan Williams. Survey methodology included visiting a
known population of Schweinitz's sunflower in order to observe the plant in flower.
Mapping of the project area was used to locate areas of habitat for the three species. Once
these areas were identified they were surveyed by walking the study area. All plants in
the family Asteraceae and in the genus Rhus were closely inspected. Schweinitz's
sunflower, smooth coneflower, and Michaux's sumac were not found during the survey.
The North Carolina Natural Heritage program database of rare species was examined and
there was no record of the three species in the project area. Given the results of the
survey it can be concluded that the proposed project will not impact Schweinitz's
sunflower, smooth coneflower, or Michaux's sumac.
cc: Charles Bruton, Assistant Branch Manager, PDEA
Phil Harris, Natural Systems Unit Head

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SUMMARY OF AFFECTED PROPERTY OWNERS
SITE TRACT
NO. NO. OWNER
ADDRESS
43 Sue Lemmond Helms 3832 Ayrshire PI
. Charlotte, NC 28210
a 49 NCDOT 716 U~/e.,t f^?in St.
Albemarle, NC 28001
^ 57 Franklin M. & Elaine R. Connell 10000 Connell Rd.
Charlotte, NC 28227
a 56 NCDOT 716 West main St.
Albemarle, NC 28001
58 Richard D. & Lisa D. Newton.. ET AL 7402 Whitmire Ln.
Charlotte, NC 28227
55 Bobby G. & Caro! N. Whisnant 9815 Blair Rd.
Charlotte, NC 28227
D (9 J
~~ Donald Denny Allen P.O. Box 23136
Charlotte, NC 28227
a 40 Daniel J. Houston, Jr. 6201 Bartlett Rd.
Charlotte, NC 28227
SURFACE WATER ONLY
NC DEPT. OF TRANSPORT:4T1~^^J
DIVISION OF HIGHWAYS
MECKLENBURG COUNTY
STATE PROD: S.U671613 (R-2123AC}
CHARLOTTE OUTER LOOP FROM
S. OF NC 218 TO N. OF NC 51
SHEET 5 OF ~_

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PROJECT: 8.1671601 (R-2123BB)
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IDARCEL N®.
NAME AND AIDDRESS
OWI~'ER.'S NAME ADDRESS
1 HOLCOMBE, ETTA FATRICIA 12215 I~EA~A RD. EXT.
JAMES P, CHARLOTTE, NC 28215
WILLIAM E.
2 MID SOUTI~ WATER SYSTEMS INC. RFD 1
SHERRIES FORD, NC 28073
3 NCDOT
(WAS -REAL ESTATE I~LANNING
~ DEVELOI~MENT)
~ MAR'T'HA HACI~EY GROD~ICI~I
12 RUTH F. STEGALL
(ESTATE)
13 MICHAEL D. (~ WIFE JAMIE SJ
PRYOR
1~ VERTIE BARNETT STEGALL
255 CHEROKEE RD.
CHARLOTTE, NC 28207
C % O CATHIE F. STARNES
2321 HIGI-I RIDGE CHURCH[ RD.
MARSHVILLE NC 28103
12930 PLAZA RD. EXT.
CHARLOTTE, NC 28215
13000 PLAZA RD. EXT.
CHARLOTTE, NC 28215
N. C. DEPT.OF TRANSPORTATION
DIVISION OF HIGHWAYS
MECgLENBURG COUNTY
PROJECT:8.U671610 (R2123CC )
PART OF EAST CHARLOTTE
OUTERLOOP FROM SOUTH
OF SR 2802 (ROCgY RIVER
ROAD) TO SOUTH OF NC ~9
(UNIVERSITY CITY BLVD.)
SHEET z2 OF 22

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MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name NC DOT TIP No. R-2123
'Project Number 99 0247
Recvd From DOT
Samar Bou-~hazale
RPX rleasnrL-
COUnty Mecklenburg
County2
Region Mooresville
Received Date 3/16/99 Recvd By Region
ProjectType East Charlotte Outer Loop
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
ip ~- O Y OO N ~- 11-29-10-2 ~~- 30,830. ~- ~-
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y Q N Did you request more info? Q Y ~ N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y Q N
Is Mitigation required? Q Y Q N Recommendation: Q ISSUe Q Issue/Cond Q Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
The above eject is for additional impact to wetlands and streams that was missed by the 404
permit issued on June 18, 1996 by the COE and the 401 Certification (# 3049) issued by the Division
of Water Oualitv on December 18, 1995. The additional impact is to seven (7) small areas with a
total of 0.8 acres of wetlands. DOT is offerin to mitigate for 1.6 acres of wetland at the Long Creek
mitigation site. The additional stream impact is to Crosire Creek , an unnamed tributary to Crosire
Creek , a farm pond, and an unnamed tributary to Reedv Creek . DOT is imposing to mitigate with
a ratio of 2:1, except for the unnamed tributary to Crosire Creek where the mitigation ratio is
imposed to be 1:1; The reason being that the unnamed tributary to Crosire Greek will be relocated
and not a total loss.
cc: Regional Office Page Number 1
Central Office

NORTH CAROLINA
MECKl.ENBURG COUNTY
NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION
AND
NORTH CAROLINA WILDLIFE
RESOURCES COMMISSION
1
4!6/99
REIMBURSEMENT AGREEMENT
PROJECT: R-2123 AC, BB, CC
THIS AGREEMENT, made and entered into this the 2 3 ~ day of
1999, between the DEPARTMENT OF TRANSPORTATION. are
agency of the State of North Carolina, hereinafter referred to as DOT, and the NORTH
CAROLINA WILDLIFE RESOURCES COMMISSION, hereinafter referred to as WRC;
WITNES~ETt-~
WHEREAS, DOT has .prepared and adopted plans to make certain highwa~<
constructions and improvements under Project R-2123 AC, BB, CC, Mecklenburg County,
said plan consisting of the construction of the 1-485 (Charlotte Outer Loop) from south of
NC 218 to north of NC 51 (R-2123 AC); from south of SR 2808 (Camp Stewart Road) to
south of SR 2802 (Rocky River Church Road} (R-2123 8B}; and from south of SR 2802
(Rocky River Church Road) to NC 49 (the Project); and,
WHEREAS, the U. S. Army Corps of Engineers, hereinafter referred to as COE, and
other resource agencies have expressed concern regarding the expected primary and
secondary impacts on streams and tributaries due to channel relocations and culvert
insta{lations associated with the construction of said Project; and,

z
WHERAS, DOT has agreed to perform certain stream enhancement mitigation at a
1:1 and/or 2:1 ratio to address these concerns and meet the permitting requirements for the
construction of Project R-2123 AC, BB, CC; and,
WHEREAS, DOT has requested WRC to undertake the planning and
implementation of the agreed #o off-site stream enhancement mitigation that cannot be
provided at any other approved DOT mitigation site; and,
WHEREAS, WRC has agreed to perform said mitigation subject to the conditions
hereinafter set forth.
NOW, THEREFORE, the parties hereto, each in consideration of the promises and
undertakings of the other as herein provided, do hereby covenant and agree, each with the
other, as follow;
1. WRC shall be responsible for developing a mitigation plan for 3194 linear feet of
off-site stream enhancement mitigation for impacts associated with the
construction of the Project. Streams selected shall be in Goose Creek River
Basin located in the Yadkin River Basin. Typical enhancement measures may
include, but not be limited to, stream bank stabilization and/or re-vegetation,
installation of fish habitat structures, fish stocking, and fencing livestock out of
the stream or constructing managed livestock watering facilities. Said plan shall
be reviewed and approved by the COE. All work shall be in accordance with
DOT's policy and procedures and subject to DOT's review and approval.
2. DOT shall be responsible for purchasing and obtaining all easements or sites
needed to implement the approved mitigation plan at the required ratios. WRC

3
shall help identify the prefer-ed mitigation areas but shall not be involved in
securing said easements.
3. WRC shall be responsible for all physical stream restoration activities as set out
in the approved mitigation plan. All work shall be subject to the review and
approval of DOT and comply wi#h federal and state guidelines and procedures.
4. WRC shall complete work set forth in this Agreement within five (5) years from
the date of execution of this Agreement or within three (3) years of the date of
receipt of the easement, whichever is later. In the event DOT needs an extended
period of time to obtain the necessary easements, the period of time for WRC to
perform the mitigation tasks shall be adjusted.
5. DOT shall pay WRC for said mitigation work as sef out above at the rate of fifty
dollars ($50.00) per linear foot of stream restored up to a maximum amount of
$159,700 (3194 linear feet). Reimbursement to WRC shall be made in two (2}
payments. The first payment of $79,850 shall be made upon execution of this
agreement and within 30 days of receipt of an invoice from WRC. The final
payment of $79850 shall made upon completion of 3194 linear feet of restoration,
and acceptance of the project as complete by DOT. Reimbursements for. each
installment shall be made upon receipt of an invoice and appropriate
documentation from the WRC, and approval of said invoice and documentation
by DOT's Manager of the Project Development and Environmental Analysis
Branch and the Fiscal Section. A final invoice must be submitted within one (1)
year of completion of said work.

4
6. WRC shall maintain all books, documents, papers accounting records, and such
other evidence as may be appropriate to substantiate costs incurred under this
Agreement. Further, WRC shall make such materials available at its office at all
reasonable times during the contract period, and for three (3) years from the date
of final payment under this Agreement, for inspection and audit by the DOT's
Fiscal Section.
7. WRC shall be responsible for meeting the established success criteria of the
mitigation plan. DOT shall be responsible for all costs associated with anti
required maintenance for a period of five (5) years after completion ofi the worK
on a costs plus basis. WRC will be responsible for required maintenance for a~
additional ten (10) years after completion of this project.

5
IN WITNESS WHEREOF, this Agreement has been executed, in duplicate,
the day and year heretofore set out, on the part of DOT and WRC by authority duly
given.
WITNESS:
Title. CLt! {, ~~ r'~Fj~-~~}
NORTH CAROLINA WILDLIFE
RESOURCES COMMISSION
SY: /P- ~~
Title: 1~ T-`- - ~~~tL~r~
NORTH CAROLINA DEPARTMENT
OFT NS.~ORT~1T10N
BY: ~ iul~~it a4-Al~-
STATE HIGHWA ~`
ADMINISTRATOR
APPROVED AS TO FORM
BY: ! Cr
A~&SISTANT ORNEY GENERAL

'"'!i
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
June 2, 1999
IN REPLY REFER TO
Regulatory Division
Action ID 199504596
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Dear Mr. Dorney:
9`~
ei/ ~~~
^^~" ~
Reference the Department of the Army (DA) permit issued June 18, 1996 to the
North Carolina Department of Transportation (NCDOT) to place fill material into 4.42 acres of
surface waters and 6.75 acres of wetlands adjacent to Stony Creek, Mallard Creek, Reedy Creek,
McKee Creek, Clear Creek, Goose Creek, and Stevens Mill Creek to facilitate the construction
of a new 4-lane divided highway known as the East Charlotte Outer Loop Highway (I-485)
between Interstate Highway 85 and Idlewild Road, a distance of approximately 20.4 miles, near
Charlotte, Mecklenburg County, North Carolina (TIP R-2123 AB/AC/BA/BB/CB/CC.
The NCDOT has requested a modification of the referenced permit to authorize the placement
of fill into an additional 0.80 acres of wetlands, 0.32 acres of pond and 32501inear feet of stream
channel. There are a total of five additional wetland sites located on Sections AC and CC. The
wetlands range in size from 0.02 to 0.24 acres and are characterized are Piedmont Bottomland
Forest vegetated with sweet gum, red maple, willow oak, ironwood, privet, Japanese
honeysuckle, soft rush, sedges and poison ivy. These wetlands were discovered during recent
surveys of the project. Additional surface water impacts include fill in a 0.32-acre farm pond
and relocation of 4421inear feet of an unnamed tributary to Reedy Creek on Section BB; a 330-
foot long culverted crossing of Crosire Creek and relocation of 2370 linear feet of an unnamed
tributary to Crosire Creek on Section CC. These impacts are due to both design changes and
omissions in the original permit application. The channel relocations will be accomplished using
natural design techniques to the extent practicable, however there will be a net loss of stream
length and function.
In order to compensate for unavoidable impacts to wetlands, the NCDOT proposes to debit
1.6 acres of bottomland hardwood wetlands from its Long Creek Wetland Mitigation Site in
northwest Mecklenburg County.

A r1f
2
This mitigation site was utilized for the original permit action. In order to compensate for the
loss of stream channel length and function, the NCDOT proposes to implement a reimbursement
agreement with the North Carolina Wildlife Resources Commission for stream restoration and/or
enhancement of 31941inear feet of channel in the Goose Creek Drainage Basin of eastern
Mecklenburg and northwestern Union Counties. Goose Creek is one of a few-remaining streams
in North Carolina that supports populations of the Carolina heelsplitter, a Federally endangered
mussel.
Please review the enclosed modification request and plans and provide us any comments that
you have by June 23, 1999. If you have any questions, please contact Mr. Steven Lund at
telephone [phone]'.
Sincerely,
~ ` ~
'~ l C~
U ~'`''"
V
G. Wayne Wright
Chief, Regulatory Division
Enclosures
Copy furnished w/o enclosures:
Mr. Michael Wood
Project Development and Environmental
Analysis Branch
North Carolina Department of Transportation
Post Office Box 25201
Raleigh, North Carolina 27611-5201

~\ .i~'1
State of North Carolina ~~
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. Bill Gilmore, P.E., Manager
Planning and Environmental Branch
North Cazolina Department of Transportation
P.O. Box 25201
Raleigh, North Cazolina, 27611
Deaz Mr. Gilmore:
1 ••
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 27, 1999
Re: Permit Modification for Individual Permit for East Charlotte Outer Loop in Mecklenburg County,
DWQ # 990247; T.I.P. No. R-2123
The Division of Water Quality has reviewed your submittal for a modification to the 401 Water Quality
Certification for the aforementioned project. The Water Quality Certification was originally issued on December
18, 1995 (DWQ # 950755) and modified on November 8, 1996 (DWQ # 961042). Your application for
modification did not include a complete stream mitigation plan. Therefore, pursuant to 15A NCAC 2h
.0507(a)(4), 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 request (by copy of this
letter) that the US Army Corps of Engineers place the permit application on hold.
The application included a discussion regarding a preliminazy agreement with the NC Wildlife Resources
Commission to perform 3194 feet of stream restoration in the Goose Creek Basin; however, no further
information was provided. Please submit a copy of the final agreement as well as any other pertinent information
regarding the proposed mitigation plan. This information is needed by DWQ prior to issuance of a 401 Water
Quality Certification. It should be noted that the DWQ is not necessazily opposed to the proposed mitigation
plan, rather that more information be provided so that we may feel comfortable in approving the permit.
Hopefully, we can work together to expedite the processing of your permit application. If you have any questions
or require additional information, please contact either myself of John Hennessy at 919-733-1786.
cc: Mike Pazker, DWQ Regional Office
Wilmington District of Corps of Engineers
Asheville Field Office Corps of Engineers
Central Files
C:\ncdot\r-2123\correspondence\090247h1d.doc
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Jo n R. Dorney
W ter Quality Cert~ is ion Program
Division of Water Quality Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
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