20120285_Other Agency Comments_20110415

Apxil 15, 2011
Regulatory Division
Action ID: SAW-2009-00876 (STIP R-3329 and R-2559, section R2559C in Mecklenburg and
Union County, North Carolina)
Mr. Steve DeWitt, P.E.
North Carolina Turnpike Autharity
1578 Mail Service Center
Raleigh, North Carolina 27699
Dear Mr. DeWitt:
Enclosed is a Department of the Army permit to directly discharge dredged and/or fill
material into jurisdictional wetlands and streams in arder to facilitate the construcfion of the �
Monroe ConnectorBypass project, State Transportation Improvements ProjecYs R-3329 and R-
2559, section R-2559C in Mecklenburg and Union Counties, North Carolina. The proposed
project originates west of Monroe, North Carolina just east of the intersecrion of US 74 and I-485
in Mecklenburg Counry. It follows existing US 74 for approximately one mile from just east of
I-485 to east of Stallings Road (SR 1365) and then proceeds on a new locarion alignment from
east of Stallings Road (SR 1365) to the project terminus at existing US 74 between the towns of
Wingate and Marshville in Union County, a distance of approximately 19.7 miles. The proposed
project is located in adjacent wetlands and tributaries that are hydrologically connecYed to the
Yadkin River. More specifically, the proposed project begins at L.atitude 351155 N/Longitude
80.6947 and terminates at Latitude 34.9848 N/Longitude 803890 W.
Any deviation in the authorized wark will likely require modification of this permit. If a
change in the authorized work is necessary, you should promptly submit revised plans to the
Corps showing the proposed changes. You may not undertake the proposed changes until the
Corps notifies you that your permit has been modified.
Carefizlly read your permit. The general and special conditions are important. Your failure
to comply with these conditions could result in a violation of Federal law. Certain significant
conditions require that:
a. You must complete construction before December 31, 2016.
b. You must allow representaiives from this office to make periodic visits to your worksite
as deemed necessary to assure compliance with permit plans and conditions.

-2-
c. You must notify this office in advance as to when you intend to commence and complete
work.
You should address all questions regarding this authorization to Liz Hair, Asheville
Regulatory Field Office at [phone], eatension 225.
FILENAME:2NDTIMNEOUT-2009-00876-R-3329-R-2559-C
Sincerely,CESAW-RG-L/SH tsh
CESAW-RG/J /s
MaiL y d5- j! �s�
CESAW-RG/FILE
Jefferson M. Ryscavage
Colonel, U.S. Army
DistricY Commander
Enclosures
Copy fumished (with enclosures):
Chief, Source Data Unit
NOAA/National Ocean Service
ATTN: Sharon Tear N/CS261
1315 East-West Hwy., Rm 7316
Silver Spring, Maryland 20910-3282
Copies furnished (with special conditions and plans):
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
61 Forsyth StreeY �
Atlanta, Georgia 30303
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Doug Huggett
Division of Coastal Management
N.C. Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Mr. David Rackley
National Marine Fisheries Service
219 Fort Johnson Road
Charleston, South Carolina 29412-9ll0
BCF:
CESAW-RG-A/HAIR
CESAW-RG-A/JONES
CESAW-RG-L/SHAVER

Permittee
Permit No.
Issuing Office
DEPARTMENT OF THE ARMY PERMIT
North Carolina Turnpike Authority c/o Mr. Steven D. DeWitt
SAW-2009-00876
CESAW-RG-A
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REU. VVIL�y�. CLD. t�,�C.
NOTE: The ierm "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "Yhis
office" refers to the appropriate district or division office of the Cotps of Engineers having jucisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the commanding officez.
You are authorized to perform work in accordance with the texms and conditions specified below.
Project Description: The proposed project involves the construction of appro�mately 20 miles of a four to
sia-lane controlled- access highway and service roads, the majority of which wi►1 be on new location in
Mecklenburg and IInion Coanties.
For STIP Project section R-2559C: US 74 to Austin Cheney Road, permanent impacts to jurisdictional
wetlauds total 1.58 acres, temporary impacts to wetlands total 1.69 acres, permanent impacts to
jurisdictional streams total 2,4721inear feet and temporary impacts total 1401inear feet, permanent impacts
to surface waters (ponds) total 0.57 acres. The design for this portion of the project was advanced to include
a final hydraulic design and impacts for Yhis section are based on that level of design.
For roadway STIP Project sections R-2559 B and R-3329: NCTA has prepared a functional design that
shows permanent impacts to wetlands of approximately 6 acres based on a 70-foot median. Permanent
impacts to jurisdictional streams total 16,1861inear feet. Additional impacts to open waters (ponds) total
2.55 acres. Based on information provided by the applicant, the NCTA will reduce the median width to 46-
feet during final design thereby reducing impacts to streams and wetlands. We will add a special condifion
to the Department of the Army permit that requires the NCTA to construct a median of a6 feet or less.
Project Locarion:
Permit Conditions:
In Mecklenburg and Union Counties, North Carolina
General Condifions:
1. The time limit for completing the work authorized ends on December 31, 2016. If you find that you need more time
to compleYe the authorized acrivity, submit your request for a time extension to this office for consideration aY least one month
before the above date is ieached.
2. You musY maintain the activity authorized by this pertnit in good condition and in conformance with the terms and
conditions of this permit. You are not xelieved of this requiremenY if you abandon fhe permitted activity, although you may
make a good faith transfer to a third parry in compliance with General Condifion 4 below. Should you wish to cease to
maintain the authorized acfivity or should you desire Yo abandon it without a good faith transfer, you must obtain a
modification of this permiY from this office, which may require restoxation of Yhe area.
3. If you discover any previously unknown bistoric or archeological remains while accomplishing the activity auYhorized by
this permit, you must immediately notify this office of whaY you have found. We will initiate the Federal and state
cooTdination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National
Register of Historic Places.
ENG FORM 1721, Nov 86 EDITiON OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))

4. If you sell the property associated with this permit, you must obtain the signakure of Yhe new owner in the space provided
and forwazd a copy of the permit to this office to validate Yhe transfer of this authorizarion.
5. If a condirioned water quality certification has been issued for yourprojecY, you must comply with the conditions specified
in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it
contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessazy to ensure
that it is being or has been accomplished in accordance with the terms and conditions of your permit,
Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
1. Congessional Authorities You have been authorized to undertake the activity desciibed above pursuant to:
O Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
O Section 103 of the Marine Protec6on, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by ]aw.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any exisfing or propoaed Federal projecY.
3. Limits of Federal LiabiliTy. In issuing this permit, the Federal Government does not assume any ]iability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from naYUral
causes.
b. Damages to the pe�7nitted project or uses thereof as a result of current or fumre activities undertaken by or on behalf
of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted acrivities or structures caused by Yhe acYiviTy
aut6orized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this permit.

4. Reliance on Applicant's Data: The determination of this office tbat issuance of this permiY is not contrary to the public
interesY was made in reliance on the informaYion you provided.
5. Reevaluation of Permit Decision. This office may reevaivate its decision on this permit at any tixne the circumstances
wazrant Circumstances that could require a reevaluation include, but are not limifed to, the following:
a. You fail to comply with Yhe terms and condikions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, ar
inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures auch as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide fox the issuance of an administrative order requiring you to comply wiYh Yhe Yerms
and condirions of your permit and for ihe inifiafion of legal acfion where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail fo comply with such directive, This office may in certain situations
(such as those specified in 33 CFR 209.170) accomplish the co�ective measures by conkract or otherwise and bill you for the
cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authoiized by this permit, Unless
there aze circumstances requirmg either a prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable considexation to a request for an eartension of this time limit.
Your signature below, as permittee, indicates thatyou accept and agree to comply with the terms and condikions of Yhis permiY.
----.�
TURNPIKE
�.11.2011
�ATE)
This pek�ti becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
��. �- ( S - lI
(DISTRICTCOMMAN R JEFFERS . CAVAGE (DATE)
COLONEL
When the structures or w authorized Uy this permit are still in existence at the time the property is transferred, the terms and
condilions of this permit will continue to be binding on the new owner(s) of the property. To validate Yhe transfer of this
permit and the associated liabilities associated with compliance with its terms and conditions, have tk�e transferee sign and date
below.
(TRANSFEREE)
(DATE)
*U.S. COVERNMENT PRllJTING OAFiCH: 1986 - 717-425