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HomeMy WebLinkAbout20120285_Gaston East-West Corridor Email_20111031FW Gaston E W Connectoi (U 3321) Update FW Gaston E -W Connector (U -3321) Update Lespinasse, Polly Sent Tuesday May 08 2012 3 16 PM To Carrillo Sonia Page 1 of 2 From Wrenn, Brian Sent Monday, October 31, 2011 1 01 PM To Shumate, Christy, Hair, Sarah E SAW, McLendon, Scott C SAW, Matthews, Monte K SAW, Lespinasse, Polly, Chambers, Marla J, marella_buncick @fws gov, Militscher Chris @epamail epa gov, Gledhill earley, Renee Cc Harris, Jennifer, Jill Gurak, George Hoops @dot gov, Karoly, Cyndi Subject RE Gaston E W Connector (U 3321) Update Christy As we have discussed in the last few NCTA meetings regarding this project DWQ will not accept a 401 application with the designs proposed by NCTA for the Gaston E W connector The recent court decision on the Monroe Bypass has no bearing on this decision It comes down to the fact that design build team which has yet to be named has proprietary control over the design of the road We see it as a waste of staff time to review an application with designs that likely will be thrown on the scrap heap in favor of the design build team s design Any accommodations that were made regarding application submittal for the Monroe bypass project were specific to that project and set no precedent as a way to do business for this or future projects We have repeatedly informed NCTA of this fact and were told that a meeting would be arranged to discuss this matter We have yet to hear from NCTA regarding any such meeting It appears on the surface through your plans to submit a 404/401 application that you have ignored our issue of concern In accordance with 23 USC Sec 139 (h)(3)(A) we request that you set up a meeting to resolve this issue of concern If you have any questions regarding this matter please let me know Thanks and we look forward to meeting with you soon Brian Brian Wrenn Transportation Permitting Unit Supervisor NC Division of Water Quality brian wrenn @ncdenr gov 585 Waughtown Street Winston Salem NC 27107 2241 336 771 4952 (Winston Salem no ) 336 771 4631 (Fax) or 1650 Mail Service Center Raleigh NC 27699 1650 919 807 6365 919 807 6494 (Fax) From Shumate, Christy Sent Monday, October 31, 2011 11 19 AM https //mail nc gov /owa/ ?ae= Item &t =IPM Note &id= RgAAAADMSzLcd9W2TJH14 %2bm 5/17/2012 FW Gaston E W Connector (U 3321) Update Page 2 of 2 To Hair, Sarah E SAW, McLendon, Scott C SAW, Matthews, Monte K SAW, Lespinasse, Polly, Wrenn, Brian, Chambers, Marla J, marella_buncick @fws gov, Militscher Chris @epamail epa gov, Gledhill earley, Renee Cc Harris, Jennifer, Jill Gurak, George Hoops @dot gov Subject Gaston E W Connector (U 3321) Update All We would like to provide an update on the Gaston E W Connector project since we last met in September Now that the Judge has ruled on the Monroe case we will be pushing forward with completing the ROD for this project We hope to have the ROD issued by the end of November Permitting & Mitigation Thanks to those of you who provided comments on the Water Quality Analysis report Your comments have been incorporated into the report and responses and the revised report will be distributed this week We are preparing a permit application for the project based on designs discussed at the 4B (June 2011) and 4C (August and September 2011) meetings The application will include a conceptual mitigation plan for the Linwood Springs Golf Course site which has officially been turned over to NCDOT Other onsite and nearby mitigation opportunities are also being pursued and the latest status of this work will be included in the application EEP has committed all credits from the Beaverdam Creek site to this project Design Build Shortlisted teams for the West and East design build contracts have been announced (see http / /www ncdot gov /projects /gardenparkway/ then Contract Procurement) We are in the process of making all project documentation available to the teams As part of this process we have updated the Section 6002 Project Coordination Plan As you know this project follows the Merger process Changes the coordination plan are shown in the attached and are limited to updates to schedule project contacts and NCTA / NCDOT relationship since the previous update in 2008 Please contact us at any time if you have questions or comments about this project Thanks Christy Christy Shumate AICP Senior Transportation Planner NCTA General Engineering Consultant 1578 Mali Service Center Raleigh NC 27699 1578 Tel (919) 707 2700 Dir (919) 707 2729 croshumate @ncdot gov Email correspondence to and from this sender is subject to the N C Public Records Law and may be disclosed to third parties https //mail nc gov /owa/ ?ae= Item &t =IPM Note &id= RgAAAADMSzLcd9W2TJH14 %2bm 5/17/2012 { , FW Gaston E W Connector (U 3321) Update FW Gaston E -W Connector (U -3321) Update Lespinasse, Polly Sent Tuesday May 08 2012 3 16 PM To Carrillo Sonia Attachments Gaston-6002 Coordination P -1 pdf (490 KB) From Shumate Christy Sent Monday October 31 2011 11 19 AM To Hair Sarah E SAW McLendon Scott C SAW Matthews Monte K SAW Lespinasse Polly Marla 3 marella_buncick @fws gov Mllitscher Chris @epamail epa gov Gledhill earley Renee Cc Harris Jennifer Jill Gurak George Hoops @dot gov Subject Gaston E W Connector (U 3321) Update All Page 1 of 1 Wrenn Brian Chambers We would like to provide an update on the Gaston E W Connector project since we last met in September Now that the judge has ruled on the Monroe case we will be pushing forward with completing the ROD for this project We hope to have the ROD issued by the end of November Permitting & Mitigation Thanks to those of you who provided comments on the Water Quality Analysis report Your comments have been incorporated into the report and responses and the revised report will be distributed this week We are preparing a permit application for the project based on designs discussed at the 4B (June 2011) and 4C (August and September 2011) meetings The application will include a conceptual mitigation plan for the Linwood Springs Golf Course site which has officially been turned over to NCDOT Other onsite and nearby mitigation opportunities are also being pursued and the latest status of this work will be included in the application EEP has committed all credits from the Beaverdam Creek site to this project Design Build Shortlisted teams for the West and East design build contracts have been announced (see http / /www ncdot gov /projects /gardenparkwav/ then Contract Procurement) We are in the process of making all project documentation available to the teams As part of this process we have updated the Section 6002 Project Coordination Plan As you know this project follows the Merger process Changes the coordination plan are shown in the attached and are limited to updates to schedule project contacts and NCTA / NCDOT relationship since the previous update in 2008 Please contact us at any time if you have questions or comments about this project Thanks Christy Christy Shumate AICP Senior Transportation Planner NCTA General Engineering Consultant 1578 Mad Service Center Raleigh NC 27699 1578 Tel (919) 707 2700 Dir (919) 707 2729 croshumate a)ncdot gov Email correspondence to and from this sender is subject to the N C Public Records Law and may be disclosed to third parties https //ma11 nc gov /owa/ ?ae= Item &t =IPM Note &1d= RgAAAADMSzLcd9W2TJH14 %2bm 5/17/2012 Section 6002 Coordination Plan for the Gaston East -West Connector Protect STIP Protect U -3321 COORDINATION PLAN 1 Purpose of Plan 1 1 Section 6002 Compliance This plan is intended to satisfy the requirement for a Coordination Plan under Section 6002 of SAFETEA LU (23 U S C § 139) for the Gaston E W Connector project (STIP No U 3321) 12 Section 404/NEPA Merger 01 Process Information This study to the extent possible will follow an environmental review process consistent with the requirements for Projects on New Location as described in the Section 404/NEPA Merger 01 Process Information with the following modifications • Agency Meetmg_s Turnpike Environmental Agency Coordination (TEAL) meetings will be held monthly at NCTA These meetings serve the purpose of merger meetings under Merger 01 but are held more frequently • Study Initiation The Notice of Intent (NOI) for this study was issued on April 27 2006 after the project had transrtioned to NCTA (See Exhibit 1) The NOI described this project as a candidate toll project • Development of the Project Team and Agency Roles Participating and cooperating agencies have been identified and engaged in the study through the monthly TEAC meetings Agency roles and primary contacts are listed in Table 2 Since agency roles are resolved invitation letters to participating and cooperating agencies are not needed • Opportunity for Involvement in Purpose and Need Range of Alternatives The purpose and need (2002) and range of alternatives (2005) were initially developed by NCDOT before Section 6002 of SAFETEA LU came into effect and before the project transrtioned to NCTA The NCTA has updated the Purpose and Need Statement with current data and has prepared an Addendum to the Alternatives Development and Analysis Report to address the toll aspect and other updates to the project NCTA has made the updated Purpose and Need Statement and Addendum to the Alternatives Development and Analysis Report available for review and comment by agencies and the public • Concurrence on Purpose and Need and Detailed Study Alternatives Carried Forward DSA NCTA intends to seek concurrence from the participating and cooperating agencies consistent with Merger 01 procedures on the updated Purpose and Need (Concurrence Point 1) and the Detailed Study Alternatives (Concurrence Point 2) 10/28/08 (reN ►sed 10/27/11) Bridging decisions and alignment review (Concurrence Point 2A) have also been agreed upon by the project team Concurrrence will be obtained on these three concurrence points (1 2 2A) in a single concurrence form 1(-onc of i c,nc c jor c one uri c iic 4 )oiiit s 1 ? crud 2d � �a4 ac luc i (cI n Oc tob(i 7 2008 (sec Diaft l ntirtonrncntal InipacI 50h Mod 1131)c11dlr 1 -11 / Signatures The signed concurrence form confirms that the project team have participated in the environmental review process and are satisfied with the conclusions reached at each key project milestone By signing the concurrence form the signatures indicate that the team members comments on reports and information that are used for achieving a particular concurrence point were adequately addressed and no issues of concern remain on a particular concurrence point Once concurrence is reached discussion on that particular concurrence point will not be revisited unless there is significant new information or there are significant changes to the project the environment constructability or laws and regulations (C oncui i c rice Point 3 sjas t eac he d on 0(tohc i 13 2009 and Conr uy i (,n(( Point 4 1 on 1- chruary16 2010 (sec 1-wal Entiuontncntal hnpya Statcnicnt Appendt-L G) J 13 Integration of NEPA and Section 404 Requirements The process established in this Coordination Plan is intended to ensure that the requirements of NEPA and Section 404 of the Clean Water Act can be satisfied as part of a single process Specifically this plan is intended ensure that to the maximum extent practicable • there is regular communication and collaborative discussion among all agencies that have information experience and/or expertise relevant to issues considered in Section 404 permitting • NCDENR can issue Section 401 Riparian Buffer Authorizations Isolated Wetland Permits and State Stormwater Permits based on information developed as part of the NEPA process and • the USACE can issue a Section 404 permit for the project promptly following the end of the NEPA process, without the need for supplemental NEPA studies and • any other required permits or approvals can be obtained without unexpected issues or delays 14 Agency Communication This plan establishes a framework for regular communication among all of the agencies involved in the environmental review process This communication will include regular agency coordination meetings These meetings will provide a forum for open discussion and dialogue among agencies Meetings with one or more individual agencies also may occur as part of this process When possible all Participating Agencies will be informed of a smaller meeting to ensure all appropriate parties are included and will be updated after the meeting 10/28/08 (rc.N tsc,d 10/27/11) 2 2 Project Schedule 2 1 Schedule The NCTA will prepare a project schedule showing projected dates for completing all environmental studies and permitting The schedule will conform to SAFETEA LU time frames for comment periods and the FHWA Vital Few Goal of achieving a median time frame of three years for completing an EIS A draft schedule for the Gaston East West Connector project is shown in Table 1 Table 1 Draft Protect Schedule Notice of Intent April 27 2006 Identify Purpose and Need and Concurrence Achieved July 24 2002 Identify Detailed Study Alternatives and Concurrence September 20 2005 Achieved Bridging Decisions & Alignment Review and Concurrence April 8 2008 Achieved Reconfirm Concurrence on Purpose and Need Detailed October 7 2008 Study Alternatives and Bridging Decisions & Alignment Review DEIS trim- aai-v- Al 2009 Identify Preferred Alternative /Lc, ist I ii-, ii iminciitalIN June Oc lobcr 13 2009 Darn ring 1'r icticablc Att�-rnativE (I I DPA ) FEIS fill "i'1-1 LL( -mbci 22 2010 ROD Of-44Ner ?41 PNoNt mb.,i 2011 Execute Design Build Contract Deeember-A) )2012 2 2 Agency Consultation The schedule will be shared with the agencies and discussed at a TEAC meeting Agency comments will be considered and the schedule may be revised as appropriate 2 3 Updating Schedules The project schedule may be revised from time to time by the lead agencies during the environmental review process Schedule changes will be communicated to all participating agencies and the public Under the statute the schedule may be extended by the lead agencies for good cause and may be shortened only with the consent of Cooperating Agencies 3 Agency Roles 3 1 Lead Federal Agency FHWA will be the lead Federal agency As lead Federal agency in the Section 6002 process FHWA is responsible for making certain decisions as specified in Section 6002 In addition FHWA has an overall responsibility for facilitating the expeditious completion of the environmental review process 10/28/08 (re-, iced 1 0/27/11) 3 2 Joint Lead Agencies NCTA, -i d�vj5jon_of NCDO I will be a point lead agency and thus will share with FHWA the responsibilities of the lead agency under the process defined in Section 6002tzi`,��= �d(_, D43-"(= iv�ll- pi- tr3�r- �- 1y- k�aae- a- r- e��tc��t -rile- iii-- tlie- pi��c,e�- c- on��5fei�-- � -it-13 t-kie P-- fftkMT ruct1+,AA {ftlid-- l 1 -ant - W- 1Atm Ju-l�, -_ —2006 3 3 Project Team Participating / Cooperating Agencies The agencies listed in Table 2 will be participating and/or cooperating agencies in the environmental review process Primary contacts have been identified by each agency as shown in the table Table 2 Agency Roles and Primary Agency Contacts Agency Role Primary Contact Federal Highway Administration Joint Lead Agency George Hoops NC Turnpike Authority Joint Lead Agency Jennifer Harris US Army Corps of Engineers Participating /Cooperating -,,4eve 1 ;n I i/ flair US Environmental Protection Agency Participating Chris Militscher US Fish and Wildlife Service Participating Marella Buncick NC Department of Cultural Resources — Historic Preservation Office Participating Renee Gledhill Earley NC Department of Environment & Natural Resources �1" Division of Water Quality Participating Polly Lespmasse Wildlife Resources Commission Participating Marla Chambers Gaston Urban Area Metropolitan Planning Organization Participating Hank Graham Mecklenburg Union Metropolitan Planning Organization Participating Bob Cook 3 4 Identifying Issues of Concern Pursuant to Section 6002 of SAFETEA LU participating agencies are responsible for identifying as early as practicable any issues of concern regarding the project s potential environmental or socioeconomic impacts that could substantially delay to prevent an agency from granting a permit or other approval that is needed for the project Each agency s role in the development of the Gaston East West Connector project should include the following as they relate to your area of expertise 1) Provide meaningful and early input on defining the purpose and need determining the range of alternatives to be considered and the methodologies and level of detail required in the alternatives analysis 2) Participate in TEAC and other coordination meetings and field reviews as appropriate 10/28/08 (rLkised 10/27/11) 4 3) Timely review and comment on documents provided for your agency s input during the environmental review process 4 Turnpike Environmental Agency Coordination (TEAL) Meetings 4 1 TEAC Meetings The principal method for agency coordination on turnpike projects will be Turnpike Environmental Agency Coordination (TEAL) meetings which will be hosted by NCTA These meetings will be used as a forum for discussing all turnpike projects All TEAC meetings will be held at the NCTA office in Raleigh unless otherwise specified in the meeting invitation 42 Meeting Dates The schedule for the TEAC meetings will be determined by! 11W N( DO] and NCTAa - 11 ,� li clt l 11 1 c t-ablMied tip- if. ,extca4 po"i[& for 12 month periods The schedule will be coordinated with NCDOT interagency meetings to avoid or minimize conflicts and minimize travel Changes to the schedule will be provided to the Participating Agencies as far in advance as possible I lac ,chedulc 4of -24 #48 i,, it+& -hed a, Ex4ii +t 2 4 3 Meeting Agenda and Objectives The agenda for each TEAC meeting will be circulated via e mail to all Participating Agencies The agenda will identify (a) any specific issues that NCTA would like to resolve at the meeting and (b) any specific issues on which NCTA is seeking comments from the Participating Agencies at the meeting 4 4 Meeting Materials NCTA will post the agenda and materials for each TEAC meeting on a secure web site accessible to all TEAC members Guidelines for circulating meeting materials are provided below 4 4 1 Timing of Circulation To the greatest extent possible NCTA will post the agenda and materials at least two weeks in advance of the meeting In some cases materials will be provided less than two weeks in advance or will be circulated in the TEAC meeting itself NCTA will not seek to resolve issues or obtain Participating Agency comments on materials that the Participating Agencies received less than two weeks in advance of the meeting 442 Availability of Paper Copies In addition to posting documents on the TEAC web site NCTA will make paper copies of TEAC meeting materials available to all attendees at each TEAC meeting 443 Large Documents Documents that would be difficult or time consuming for agencies to reproduce (e g large maps lengthy bound documents with color fold out pages etc ) will be made available to Participating Agencies in hard copy format at a TEAC meeting (or by mail two weeks or more in advance) for discussion at a subsequent TEAC meeting NCTA will consult with the Participating Agencies to determine when this type of distribution is appropriate 10/28/08 (rei ised 1 0/27/11) 45 Meeting Summaries After each TEAC meeting the NCTA will prepare a meeting summary The summary will list the attendees topics discussed unresolved issues and action items The Meeting Summary will be posted in draft form to the NCTA web site for review and comment two weeks in advance of the next meeting Meetings may be recorded on audiotape the recording will be used in preparing the meeting summaries The meeting summaries will be included in the administrative record 4 6 Attendees Participating agencies (including cooperating agencies) will designate primary contacts for each turnpike project These primary contacts will regularly attend TEAC meetings Attendance may vary from month to month depending on the issues being discussed Primary contacts for the Gaston East West Connector project listed above in Table 2 4 7 Issues of Concern At any time in the process a Participating Agency may identify an issue of concern as defined in SAFETEA LU which is an issue that in the agency s judgment could result in denial of a permit or substantial delay in issuing a permit 4 7 1 Format Participating agencies will be strongly encouraged to submit any issues of concern in writing to FHWA and NCTA on agency letterhead Issues of concern submitted in other formats (e g e mail) will also be considered 472 Timing Participating Agencies are required by statute to identify any issues of concern as early as practicable in the environmental review process but this determination is based on information provided by the lead agencies In some cases it may not be practicable to identify an issue of concern until late in the process The statute does not set a specific deadline for raising these issues 4 7 3 Request for Comment At any point in the process the NCTA may ask the Participating Agencies to state in writing whether there are any issues of concern If such a request is made NCTA will consult with the Participating Agencies before setting a deadline for a response If agreed by the Lead and Participating Agencies a deadline longer than 30 days could be established 48 Monitoring and nd Updating NCTA will maintain a list of both general project issues and issues of concern (if any) identified by the participating agencies Separate meetings may be scheduled to resolve general project issues and/or any issues of concern Additional issues may be added to the list based on new information or changed circumstances at any point in project development This list will be posted to the TEAC web site 49 Resolving General Project Issues General project issues that are not resolved among the regular participants in the TEAC meetings can be elevated for consideration by the more senior officials within the relevant agencies Any agency — lead or participating — can invoke the elevation process The process is intended to be flexible with specific procedures determmed on a case by case basis depending on the nature of the issue In general the elevation process will involve the following steps 10/28/08 (reNiscd 10/27/11) • A TEAC member requests elevation on an issue within the jurisdiction of that agency This request can be made in a TEAC meeting or in a letter or e mail to the other TEAC members • The request for elevation is placed on the agenda for discussion at a subsequent TEAC meeting • If the issue is not resolved at that subsequent TEAC meeting the issue is elevated to more senior officials within the TEAC agencies • Each TEAC member is responsible for identifying the more senior official(s) within his or her agency who will be directly involved in the elevation • The TEAC members will work together to plan the logistics and timing of the elevation process including any briefing materials or other documents that need to be prepared prior to a resolution of the issue 410 Resolving Issues of Concern Under the statute NCTA or the Governor may request a meeting at any time to resolve issues of concern If such a meeting is requested FHWA will convene a meeting in accordance with SAFETEA LU to resolve the specified issues of concern If an issue of concern is not resolved within 30 days after such a meeting a report must be submitted to Congress and to the heads of certain agencies as provided in SAFETEA LU If such a meeting is not requested FHWA and NCTA will seek to address and resolve the agencies issues of concern as part of normal agency coordination during the environmental review process NCTA anticipates that this process will be invoked rarely 10/28/08 (res►scd 10/27/11) 7 Exhibit I NOTICE OF INTENT Exhibit 1 Federal Register/Vol 71 No 81/Thursday April 27 2006/Notices 24909 SUMMARY Pursuant to Section 10(a)(2) of the Federal Advisory Committee Act (Pub L 92-463 5 US C App 2) notice is hereby given of a meeting of the Commercial Space Transportation Advisory Committee ( COMSTAC) The meeting will take place on Wednesday May 24 2006 starting at 8 a in at the Federal Aviation Administration Headquarters Building 800 Independence Avenue SW Washington DC in the Bessie Coleman Conference Center located on the 2nd Floor This will be the forty third meeting of the COMSTAC The proposed agenda for the meeting will feature an update on commercial space transportation legislative activities briefings on national space and security policies new RLV technology developments and the Office of Space Commercialization in the Department of Commerce and an activities report from FAA s Office of Commercial Space Transportation The 2006 Commercial Space Transportation Forecasts on the geosynchronous and non geosynchronous markets will also be released at this meeting An agenda will be posted on the FAA Web site at http 11ast faa gov/COMSTAC Meetings of the COMSTAC Working Groups (Technology and Innovation Reusable Launch Vehicle Risk Management and Launch Operations and Support) will be held on Tuesday May 23 2006 For specific information concerning the times and locations of the working group meetings contact the Contact Person listed below Individuals who plan to attend and need special assistance such as sign language interpretation or other reasonable accommodations should inform the Contact Person listed below in advance of the meeting FOR FURTHER INFORMATION CONTACT Brenda Parker (AST -100) Office of the Commercial Space Transportation 800 Independence Avenue SW Room 331 Washington DC 20591 telephone (202) 267 -3674 E mail Brenda parker@faa dot gov Issued in Washington DC April 19 2006 Patricia Grace Smith Associate Administrator for Commercial Space Transportation [FR Doc E6 -6306 Filed 4 -26 -06 8 45 am] BILLING CODE 4910 -13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Sixth Meeting RTCA Special Committee 207 /Airport Security Access Control Systems AGENCY Federal Aviation Administration (FAA) DOT ACTION Notice of RTCA Special Committee 207 Meeting Airport Security Access Control Systems SUMMARY The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 207 Airport Security Access Control Systems DATES The meeting will be held May 11 2006 from 10 5 p in ADDRESSES The meeting will be held at RTC A Inc Conference Rooms 1828 L Street NW Suite 805 Washington DC 20036 FOR FURTHER INFORMATION CONTACT (1) RTCA Secretariat 1828 L Street NW Suite 805 Washington DC 20036 telephone (202) 833 -9339 fax (202) 833 -9434 web site http //www rtca org SUPPLEMENTARY INFORMATION Pursuant to section 10(a)(2) of the Federal Advisory Committee Act (P L 92 -463 5 U S C Appendix 2) notice is hereby given for a Special Committee 207 meeting The agenda will include May 11 Opening Plenary Session (Welcome Introductions and Administrative Remarks) Agenda Overview Workgroup Reports Workgroup 2 System Performance Requirements Workgroup 3 Subsystem Functional Performance Requirements • Workgroup 4 System Verification and validation Workgroup 5 Biometrics • Workgroup 6 Credentials • Workgroup 7 Perimeter ICAO Update Closing Plenary Session (Other Business Establish Agenda Date and Place for Seventh and Eighth Meetings) Attendance is open to the interested public but limited to space availability With the approval of the chairmen members of the public may represent oral statements at the meeting Persons wishing to present statements or obtain information should contact the person listed in the FOR FURTHER INFORMATION CONTACT section Members of the public may present a written statement to the committee at any time Issued in Washington DC on April 18 2006 Robert L Bostiga RTCA Advisory Committee [FR Doc 06 -3946 Filed 4 -26 -06 8 45am] BILLING CODE 4910 -13-M DEPARTMENT OF TRANSPORTATION Federal Highway Administration Environmental Impact Statement Butler County PA AGENCY Federal Highway Administration (FHWA) DOT ACTION Cancellation of the notice of intent SUMMARY This notice rescinds the previous Notice of Intent (issued October 3 2001 —Vol 66 No 192) to prepare an Environmental Impact Statement for a proposed highway project in Butler County FOR FURTHER INFORMATION CONTACT David W Cough P E Director of Operations Federal Highway Administration Pennsylvania Division Office 228 Walnut Street Room 508 Harrisburg PA 17101 -1720 Telephone (717) 221 - 3411 -OR -Brian Allen Assistant District Engineer for Design Pennsylvania Department of Transportation District 10 -0 2550 Oakland Avenue P O Box 429 Indiana PA 15701 Telephone (724) 357 -2077 SUPPLEMENTARY INFORMATION Additional traffic analyses have indicated that all project alternatives can be down scoped with little or no significant impact to the environment An Environmental Assessment will be pursued based on a revised project scoping (Catalog of Federal Domestic Assistance Program Number 20 205 Highway Planning and Construction The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program ) James A Cheatham FHWA Division Administrator Harrisburg PA [FR Doc 06 -3988 Filed 4 -26 -06 8 45am] BILLING CODE 4910 -22-M DEPARTMENT OF TRANSPORTATION Federal Highway Administration Environmental impact statement Gaston and Mecklenburg Counties NC AGENCY Federal Highway Administration (FHWA) DOT ACTION Notice of intent Exhibit 1 24910 Federal Register/Vol 71 No 81/Thursday April 27 2006/Notices SUMMARY The FHWA is issuing this notice to advise the public that an environmental impact statement will be prepared for a proposed highway project in Gaston and Mecklenburg Counties North Carolina FOR FURTHER INFORMATION CONTACT Clarence W Coleman P E Operations Engineer Federal Highway Administration 310 New Bern Avenue Ste 410 Raleigh North Carolina 27601- 1418 Telephone (919) 856 -4346 SUPPLEMENTARY INFORMATION The FHWA in cooperation with the North Carolina Department of Transportation ( NCDOT) and the North Carolina Turnpike Authority (NCTA) will prepare an environmental impact statement (EIS) addressing proposed improvements to east west transporation mobility in the area around the City of Gastonia and other municipalities in southern Gaston County As part of this proposed action the NCDOT also proposes to improve mobility access and connectivity between southern Gaston County and Mecklenburg County The proposed project study area consists of the following general boundaries I -85 to the north the South Carolina State line to the south the Charlotte Douglas International Airport to the east and the I -85 and US 29 -74 junction to the west The proposed action is consistent with the thoroughfare plans approved by the Gaston Urban Area Metropolitan Planning Organization (MPO) and the Mecklenburg Union MPO Alternatives to be studied in detail include 1 No Build 2 Construction of a new location highway Sixteen detailed study alternatives or corridors will be studied in the Draft EIS The proposed project is being developed as a candidate toll road Accordingly in conjunction with development of the Draft Environmental Impact Statement and other on going project development activities NCTA is conducting a study to evaluate the feasibility of developing the proposed highway as a toll road and funding it in whole or in part through the issuance of revenue bonds Letters describing the proposed action and soliciting comments have been sent to appropriate Federal State and local agencies Citizens informational workshops meetings with local officials and a public hearing will be held Information on the dates times and locations of the citizens informtional workshops and public hearings will be advertised in the local news media and newsletters will be mailed to those on the project mailing list The Draft EIS will be available for public and agency review and comment prior to the public hearing To ensure that the full range of issues related to this proposed action are addressed and all significant issues identified comments and suggestions are invited from all interested parties Comments or questions concerning this proposed action and the EIS should be directed to the FHWA at the address provided above (Catalog of Federal Domestic Assistance Program Number 20 205 Highway Planning and Construction The regulations implementing Executive order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program ) Issued on April 20 2006 Clarence W Coleman Operations Engineer Raleigh North Carolina [FR Doc 06 -3949 Filed 4 -26 -06 8 45am] BILLING CODE 4910 -22-M DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Ageny Actions on Proposed Highway in Alaska AGENCY Federal Highway Administration (FHWA) DOT ACTION Notice of limitation on claims for judicial review of actions by FHWA and other Federal Agencies SUMMARY This notice announces actions taken by the FHWA and other Federal agencies that are final within the meaning of 23 U S C 139(1)(1) The actions relate to a proposed highway project the East Lynn Canal Highway Alaska Route Number 7 from Echol Cove to Katz Point in the Haines and Juneau Boroughs State of Alaska Those actions grant licenses permits and approvals for the project DATES By this notice the FHWA is advising the public of final agency action subject to 23 U S C 139(1)(1) A claim seeking judicial review of the Federal agency actions on the highway project will be barred unless the claim is filed on or before October 24 2006 If the Federal law that authorizes judicial review of a claim provides a time period of less than 180 days for filing such claim then that shorter time period still applies FOR FURTHER INFORMATION CONTACT Tim Haugh Environmental and Right of Way Programs Manager FHWA Alaska Division P O Box 21648 Juneau Alaska 99802 -1648 office hours 7 a in - 4 30 p in (AST) phone (907) 586 -7418 e mail Tim Haugh@fhwo dot gov You may also contact Reuben Yost Special Projects Manager Alaska Department of Transportation and Public Facilities DOT &PF) 6860 Glacier Highway P O Box 112506 Juneau Alaska 99811- 2506 office hours 8 a in -5 p in (AST) phone (907) 465 -1774 e mail Reuben Yost@dot state ak us SUPPLEMENTARY INFORMATION Notice is hereby given that the FHWA and other Federal agencies have taken final agency actions by issuing approvals for the following highway project in the State of Alaska FHWA Alaska Division Project Number STP- OOOS(131) titled the Juneau Access Improvements Project involves construction of approximately 51 miles of two lane highway from the end of Glacier Highway at Echo cover in the City and Borough of Juneau to a point two miles north of the Katzehin River in the Haines Borough A ferry terminal will be constructed at the north end of the highway and new shuttle ferries will be constructed to run from Haines and Skagway Three major rivers will be bridged as well as several streams The actions by the Federal agencies and the laws under which such actions were taken are described in the Final Environmental Impact Statement (FEIS) for the project approved on January 18 2006 in the FHWA Record of Decision (ROD) issued on April 3 2006 and in other documents in the FHWA administrative record The FEIS ROD and other documents in the FHWA administrative record file are available by contacting the FHWA or the DOT &PF at the addresses provided above The FHWA FEIS and ROD can be viewed and downloaded from the project Web site at http 11dot alaska gov/ luneauaccess or viewed at public libraries in the project area This notice applies to all Federal agency decisions as of the issuance date of this notice and all laws and Executive Orders under which such actions were taken including but not limited to 1 General National Environmental Policy Act (NEPA) [42 U S C 4321- 4351] Federal Aid Highway Act [23 us C 109] 2 Air Clean Air Act [42 U S C 7401 - 7671(q)] 3 Land Section 4(0 of the Department of Transportation Act of 1966 [49 U S C 3031 4 Wildlife Endangered Species Act [16 U S C 1531 -1544 and section 1536] Marine Mammal Protection Act [16 U S C 13611 Fish and Wildlife Coordination Act [16 U S C 661 - 667(d)] Migratory Bird Treaty Act [16 U S C 703 -7121 Magnuson Stevens FW Gaston Connector Project Catena Group FW Gaston Connector Project Catena Group Lespinasse, Polly Sent Tuesday May 08 2012 3 16 PM To Carrillo Sonia Attachments Gurak Correspondence 1 pdf (61 KB) From Ross Andrews [mallto Andrews @ecosclencenc com] Sent Tuesday, May 08, 2007 5 03 PM To <john hennessy @ncmall net >, Polly Lespinasse Cc <jsgurak @pbsj com >, Michael Wood Subject Gaston Connector Project Catena Group Page 1 of 1 John Per our conversation this afternoon here is the letter from the Catena Group to PBSU describing their willingness to revisit their intermittent stream calls If I can be of any more help please let me know Sincerely Ross Andrews M S M F EcoScience Corporation 1 101 Haynes Sti eet Suite 101 Raleigh North Carolina 27604 919 828 3433 919 828 3518 andrews @ecosciencenc con; https //mall nc gov /owa/ ?ae= Item &t =IPM Note &1d= RgAAAADMSzLcd9W2TJHI4 %2bm 5/17/2012 FW Gaston Connector Project FW Gaston Connector Project Lespinasse, Polly Sent Tuesday May 08 2012 3 16 PM To Carrillo Sonia Attachments Gurak Correspondence 1 pdf (61 KB) From Raymond, Louis [mailto Imraymond @pbsj com] Sent Wednesday, May 09, 2007 9 19 AM To <Steven w lund @saw02 usace army mil> Cc <polly lespinasse @ncmail net >, Ross Andrews, Gurak, Jill S, Johnson, Ron Subject FW Gaston Connector Project Steve Page 1 of 2 Per our conversation this morning I m forwarding you the letter from the Catena Group on the re evaluation of selected streams in Segment 3 which will be completed by May 25 2007 We can discuss in more detail during the next couple of days Louis M Raymond P E PBS &J 5200 Seventy -Seven Center Drive Suite 500 Charlotte North Carolina 28217 Phone 704 522 7275 Ext 4405 Fax 704 525 2838 E -mail lmraymond @pbsj com From Gurak, Jill S Sent Tuesday, May 08, 2007 4 11 PM To mwood @thecatenagroup com Cc Raymond, Louis, Ross Andrews Subject RE Gaston Connector Project Michael I ve reviewed the letter and believe it addresses the concerns and topics we discussed in our teleconference this morning We look forward to the updates and appreciate your quick response to correct the stream calls Ross please let us know when you ve talked with John Hennessy Thanks to all Jill Jill Gurak PE, AICP PBSU 1616 East Mlllbrook Road Ste 310 Raleigh NC isgurak(a)pbsi com Phone 919 876 6888 Mobile 919 609 0186 From Michael Wood [mallto mwood @thecatenagroup com] Sent Tuesday, May 08, 2007 4 07 PM To Gurak, JIII S https //mail nc gov /owa/ ?ae= Item &t =IPM Note &id= RgAAAADMSzLcd9W2TJHI4 %2bm 5/17/2012 FW Gaston Connector Project Cc Raymond, Louis, Ross Andrews, Chris Sheats , tim Subject RE Gaston Connector Project Page 2 of 2 Jill —Please find attached our response from our teleconference this morning Once you have reviewed the letter please let me know if we have thoroughly addressed the concerns Thank you Michael Wood The Catena Group 410 B Millstone Drive Hillsborough NC 27278 919 732 1300 https //mail nc gov /owa/ ?ae= Item &t =IPM Note &id= RgAAAADMSzLcd9W2TJHI4 %2bm 5/17/2012 The Catena Group Ms Jill Gurak PBS &J 1616 East Millbrook Road Suite 310 Raleigh NC 27609 6848 SUBJECT Gaston East West Connector Segment 3 Dear Ms Gurak 410 B Millstone Drive Hillsborough NC 27278 (919) 732 1300 May 8 2007 The Catena Group (TCG) performed the Jurisdictional delineations for the Subject project A field verification of the delineations with personnel from the US Army Corps of Engineers and the NC Division of Water Quality ( NCDWQ) was held on April 12 13 Prior to the field verification NCDWQ personnel reviewed the jurisdictional delineation report During this review they noted that several streams scored in the intermittent range but were noted as having amphibians present and in some cases salamanders were specifically listed Since Section 2 of the NCDWQ Identification Methods for the Origins of the Intermittent and Perennial Streams the Revised DWQ Policy for the Definition or Perennial Stream Origins states that a stream channel is considered perennial when there are fish crayfish (in the channel) amphibians (larval salamanders and large multi year tadpoles) and /or clams present these noted streams were selected as particularly requiring field verification Twelve streams were reviewed during the field verification In all cases the intermittent/ perennial (I /P) point was adjusted to varying degrees mainly as the result of the presence of salamanders or caddisflies As a result of the verification TCG has begun reviewing the stream delineations To this end a list is attached of streams that will be re evaluated The streams were chosen based upon the following criteria 1 Stream scored in the intermittent range but was noted that salamanders were present 2 Stream scored in the intermittent range but was noted that amphibians were present 3 Stream scored between 27 29 but no aquatic species were present 4 In an effort to ensure quality control six additional streams that scored between 19 and <27, but either had no or weak aquatic species present, were chosen by the Project Manager They were chosen since they were either large systems or scored such that a re evaluation was deemed appropriate The re evaluation will be performed by Mr Chris Sheats the Project Manager and Mr Tim Savidge who is the Environmental Supervisor for TCG If the I/P point is altered due to the presence of one of the listed biological indicators then the new point will be located via a GPS with sub meter accuracy and the stream classification data sheet noted TCG will correct the electronic files accordingly and provide the new files figures and data sheets by May 25 2007 We apologize for the errors in our delineation We are moving expeditiously to rectify the situation If you have any questions please contact me (919 732 1300) or Chris Sheats (919 417 2732) Sincerely The Catena Group, Inc ?�h� 6 OL Michael G Wood NCLSS President Attachments Stream Re Evaluation Lists (1) (1) (1) (1) (D a) a) (D a) (1) a) aaaan.a aaa as 0 0 0 0 0 0 0 0 0 0 0 Cl) N N w 0 to 0 to U U to U 0 0 a) w 0 0 d) N w (� C Cw N 0 0 0 0 0 0 0 0 0 O O a) N (2-.5 0 0 0 0 0 0 0 O O O O a Q IO M C C C C C C C C C cc M o c w - - -- w - y `� c c c c c 0 0 0 0 0 c C va=lam) 3 3 3 3 3 3 3 3 3 0 3 0 a) a) a) m a) Qi cu 0 aaa a N U 2,0 C 0 0 0 N Cl) o C N U N U N a) N a "O t_n a U m a a 'O t_n a "to _n N N a a 0 a N 2 N N 0 C o i N i EIf a a0- a a N > aaa EL c c c c c 1-0 -° me c E�s�zs E cu -0 Sys E E aa)) aa)) (te) aa)) a)zc aaCL aa� La L aaaaaa 0� a) E E E E E E i5 E E E mE E rn� 0 0 0 0 0 0 V cu Z U aau)QQQQQQ 0<<< QQt0 cnda. ddm 0 N cn r a -- — — — — — — — — — — — — — — — — — — — — CL — — C — a) V E U CD c� o Ow; a) 31, C C 10 ti CO LO N M N �- d N N N N N WIN N N N N N N N N 0 N N N N N N C M N N N a N +�' a C: t E W � N U z a) o; - m a) O V (N D M N € N N N 4a (1) o M r `- .� .. 04 E O m - N £ a) O W LL. J O a CY C) ) m 0M LL OM m M M cM M M M 70 '� V m M M M M LM m Cl) M M M M co co co M --' MO U N v a) r) 0 Y 7 N a) a) m U C m 7 C � � a) m 5 E L L N rn a L N -0 E �O N cn _a N t � wok ca N Q s O � a) ; C C y'P,P 0 Q d1 a C M M a) O U Q E a Q M _ E —PL c m CD fl da >M E ) a) Q a) a) a) c O M C 0(n O O O O O CO N= 0 O O C f0 C C 07 O O Q C C O) O O +J � fD }' — c C a) C N C C O CV) .a) 3 a �mm -m = O o � � � � E _ C @ o co � � o Es -L3 c § °' 3 3 " ern 3 3 w. cio-cmuivi0i dE�z�� �a�i�a�ia N C C O NCO Qo Qn? m O O ID N a) O QQ_ �n Q L 0 c° c c n$ m o° c c E c aa)) fp Qad d o ,o m o- m m a ca m L p �O O P-�, la E �p E E r O z =_ E E C 0aa as maa �o CL ` .„ co or G AV i+ Ta u co t,C) _ C Lo-'O, LO ti(0r0) N NNtiN N NN � N � N � aN o �N CO � }r ` 0 d N Q N N RIV U CL U W ke O .a.f a) M v d EQQCiJ aw_)�a �1774�2n.MU' V C m co M (M M MHM z (n w (n (n fn (n Cl) M m M (n (n (n (n M M M co Cl) M Cl) (n U)., co (n (n (n (n MO U N v a) r) 0 Y 7 N a) a) m U C m 7 C � � a) m 5 E L L N rn a L N -0 E �O N cn _a FW #11 0166 Gaston E W Connector FW #11 -0166, Gaston E -W Connector Lespinasse, Polly Sent Tuesday May 08 2012 3 18 PM To Carrillo Sonia Attachments GasEW NCTA FEIS2011 02 doc (63 KB) From Chambers, Marla J Sent Tuesday February 15 2011 1 15 PM To Mcgee, Melba Cc Lespinasse, Polly Buncick, Marella, Militscher Chris @epamail epa gov, Hair, Sarah E SAW Subject RE #11 0166, Gaston E W Connector Sorry I dumped the guns Here is the Final version ratherthan the draft Page 1 of 1 Marla J Chambers Western NCDOT Permit Coordinator North Carolina Wildlife Resources Commission 12275 Swift Road Oakboro NC 28129 Office & Fax 704 485 8291 Work cell 704 984 1070 marla chambers @ncwildlife org ncwildlife org Get NC Wildlife Update — news including season dates bag limits legislative updates and more delivered to your Inbox from the N C Wildlife Resources Commission Email correspondence to and from this sender is subject to the N C Public Records Law and may be disclosed to third parties From Chambers, Marla J Sent Tuesday, February 15 2011 11 30 AM To Mcgee Melba Cc Lespinasse Polly, Buncick, Marella Militscher Chris @epamail epa gov, Hair Sarah E SAW Subject #11 0166, Gaston E W Connector Please accept the attached comments Let me know if you have any questions Marla J Chambers Western NCDOT Permit Coordinator North Carolina Wildlife Resources Commission 12275 Swift Road Oakboro NC 28129 Office & Fax 704 485 8291 Work cell 704 984 1070 marla chambers @ncwildlife org ncwildlife org Get NC Wildlife Update — news including season dates bag limits legislative updates and more delivered to your Inbox from the N C Wildlife Resources Commission Email correspondence to and from this sender is subject to the N C Public Records Law and may be disclosed to third parties https / /mall nc gov /owa/ ?ae= Item &t =IPM Note &1d= RgAAAADMSzLcd9W2TJH14 %2bm 5/17/2012 ® North Carolina Wildlife Resources Commission TO Melba McGee Environmental Coordinator Department of Environment and Natural Resources FROM Marla Chambers Western NCDOT Permit Coordinator �CuL Habitat Conservation Program NCWRC DATE February 14 2011 SUBJECT Review of the Final Environmental Impact Statement for the proposed Gaston East West Connector a toll road from 185 west of Gastonia to 1485 near the Charlotte Douglas International Airport Gaston and Mecklenburg Counties TIP No U -3321 DENR Project No 11 0166, due 02/09/2011, extended to 02/14/2011 The North Carolina Turnpike Authority (NCTA), now under the North Carolina Department of Transportation ( NCDOT) has submitted a Final Environmental Impact Statement (FEIS) for the proposed Gaston East West Connector Staff biologists with the North Carolina Wildlife Resources Commission ( NCWRC) have reviewed the information provided and represent the agency at Turnpike Environmental Agency Coordination (TEAL) meetings These comments are provided in accordance with the provisions of the National Environmental Policy Act (42 • S C 4332(2)(c)) and the Fish and Wildlife Coordination Act (48 Stat 401 as amended 16 • S C 661 667d) Comments regarding this project have been submitted to NCDOT and NCTA as appropriate throughout the planning process through written comments emails and participation in meetings Comments on the Draft Environmental Impact Statement (DEIS) were submitted July 7, 2009 and the concerns and recommendations expressed regarding direct and indirect impacts to the natural environment resulting from the project remain valid NCTA proposes to construct a controlled access new location toll facility from 185 west of Gastonia through southern Gaston County to 1485 near the Charlotte Douglas International Airport in Mecklenburg County The Recommended Alternative identified in the DEIS, Detailed Study Alternative (DSA) 9 was presented as the Preferred Alternative in the Final Mailing Address Division of Inland Fisheries 1721 Mail Service Center Raleigh NC 27699 1721 Telephone (919) 707 0220 Fax (919) 707 0028 Gaston East West Connector FEIS 2 February 14 2011 Gaston & Mecklenburg Co s Environmental Impact Statement (FEIS) and received concurrence by the interagency team as the Least Environmentally Damaging Practicable Alternative (LEDPA) Several design modifications have been made to the Preferred Alternative since the DEIS most as a result of comments received and the addition of service roads As a result stream impacts were reduced by approximately 25 percent (2 36 miles) to 36 416 linear feet and wetland impacts were reduced by 6 percent (0 4 acres) to 7 0 acres Revision of the typical section was included in the design modifications which reduces the project from a six lane facility to a four lane road east of US 321 with an additional auxiliary lane in each direction between NC 273 and 1 485 West of US 321 a two lane roadway is proposed initially with two additional lanes to be constructed later We remain concerned about the considerable direct and indirect impacts expected to occur as a result of the project Water quality in much of the project area is currently degraded as evidenced by the number of streams on the State s 303(d) list of impaired waters that cross the project or are in the study area Further degradation to area waterways appears to be likely from both direct and indirect project impacts In the quantitative analysis of indirect and cumulative effects in the FEIS, projected impervious cover was used to determine water quality effects Considerable increases in impervious coverage are expected under the No Build scenario going from 12 5 percent impervious area for current conditions of the study area to 19 3 percent Additional increases are projected if the project is built to 19 8 percent impervious cover with four of the eight watersheds exceeding 25 percent coverage The project accounts for approximately 800 acres or about 6 8 percent of the cumulative increase The quantitative analysis used tree cover and forest interior habitat to determine impacts to wildlife and address habitat fragmentation A range of approximately 8 500 to 20 500 acres of tree cover were projected to be lost as a result of future development under the No Build scenario Approximately 1 000 acres of tree cover would be directly impacted by the refined preliminary design of the Build alternative These direct impacts would include 290 acres of forested interior habitat and would have the potential to reduce the quality of an additional 480 acres of forested interior habitat within about 300 feet of the right of way The changes in the development pattern associated with the Preferred Alternative could increase tree cover loss by 100 to 1,400 acres and the cumulative loss of forest cover was projected to be between 9 500 and 22 900 acres over existing conditions a decrease of 10 to 24 percent This analysis appears to reveal several locations where wildlife crossings may be appropriate to maintain some connectivity between forest habitats fragmented by the project With or without constructing the proposed project considerable changes in land use impervious cover and wildlife habitat are projected to occur and construction of the project is expected to incrementally increase these effects It appears that considerable efforts will be needed to reduce the negative effects to water quality and wildlife in the project area even if the project is not constructed and we strongly encourage the local officials NCTA, and NCDOT to work together to implement protective actions The document provides a list of mitigation strategies that could be used to reduce the magnitude of the indirect and cumulative impacts from the project Our `Guidance Memorandum to Address and Mitigate Secondary and Cumulative Impacts to Aquatic and Terrestrial Wildlife Resources and Water Quality (NCWRC 2002), also provides measures to mitigate secondary and cumulative impacts Gaston East West Connector FEIS Gaston & Mecklenburg Co s February 14 2011 Thank you for the opportunity to review and comment on this project If you have any questions regarding these comments please contact me at (704) 485 8291 We look forward to continuing our participation in the planning process for this project Literature Cited NCWRC (North Carolina Wildlife Resources Commission) 2002 Guidance Memorandum to Address and Mitigate Secondary and Cumulative Impacts to Aquatic and Terrestrial Wildlife Resources and Water Quality NCWRC, Raleigh Available http //www ncwildlife org /Wildlife_Species_Con /documents /pg7c3_impacts pdf (February 2010) cc Sarah E Hair, USACE Marella Buncick USFWS Christopher Militscher, USEPA Polly Lespinasse NCDWQ FW comments on Gaston E W 2A FW comments on Gaston E -W 2A Lespinasse, Polly Sent Tuesday May 08 2012 3 00 PM To Carrillo Sonia From Matthews Kathy [mailto Matthews Kathy @epamail epa gov] Sent Tuesday, March 04, 2008 10 30 AM To Mllitscher Chris Cc polly lespinasse Subject comments on Gaston E W 2A Chris Page 1 of 2 I am still looking at the voluminous paper that we received on this project but wanted to share some of my thoughts before the meeting this afternoon In general the wetland ratings are not useful at all I have had to go look at the rating sheets to get decent information about each wetland I was very annoyed to see that some forested wetlands rated a zero dust because of their size Polly and I agree that only non wetlands should rate a zero I have already told George that after the LEDPA is chosen I d like to see NCWAM run on all the wetlands in the LEDPA alternative That said it doesn t appear that there are significant wetland impacts proposed at most of the mayor crossings except for the ones we are already going to look at Of course the minor crossings may have alot of wetland impact but that info is not provided Based on wetland impacts I don t think I will recommend any other crossings for discussion of bridging The streams concern me very much particularly because there are 3 different 303d listed streams in the corridors (Crowders Creek Abernethy and Catawba Creek) They are all listed because of degraded biological integrity due to urban runoff and storm sewers That s dust the kind of impact that the road is going to have which means that it will be difficult overcoming the antidegradation requirements (cannot cause or contribute to continued degradation of a waterbody) NCTA should begin examining how they will work toward ensuring that the project does not contribute to the continued degradation It may be a hard thing to show since I ran some of the impact numbers For example two of the corridors run parallel to Crowders Creek and hits all of the tribs The western most corridor is a little farther away but still hits most of the tribs Alternative 4 has about 26 000 linear feet of impacts dust to the Crowders Creek tributaries Alternative 58 has over 23 000 linear feet of impacts to the Crowder Creek tribs I think NCTA should consider bridging more of these smaller streams and make commitments for significant water treatment or show development controls in these areas to ensure that they can comply with anti deg This is especially important for Crowders creek although the same goes for Catawba Creek and Abernethy Creek This should be worked out in the EIS prior to LEDPA since these commitments will potentially add significant costs to all three corridors So based on what I said above I would recommend bridges /extended bridges for the following crossings HD29 (Crowders Creek trib has high quality wetland not terribly expensive) HD 31 (Crowders Creek trib) HD 32 (Crowders Creek trib) JB1 (Crowders Creek trib 1 7 acres of wetlands which would be a total take if not bridged Wetland preservation will help the antideg issue) JB2 (Crowders Creek trib 1 9 acres of wetlands) https //mall nc gov /owa/ ?ae= Item &t =IPM Note &ld= RgAAAADMSzLcd9W2TJH14 %2bm 5/17/2012 FW comments on Gaston E W 2A Page 2 of 2 JD6 (Crowders Creek tnb) JD9 (Crowders Creek trib) JD17 (Crowders Creek tabs multiple tribs and wetland) JD19 (Crowders Creek tnb) JD31 (Catawba Creek tnb) KD2 (Catawba Creek tnb the stream table shows over 1200 If of impacts by culvert) KD3 (Catawba Creek tnb extend to avoid wetland) KD 17 (Same as above) KD29 (Beaverdam Creek the impacts in the stream table are much larger than on the Hydraulic table (1200 If 2300 If ?) Also I think the wetlands are hi quality) KD31 (Beaverdam Creek/Lake Legion again the impacts in the stream table are much larger than on the hydraulic table and I think wetlands are Hi Q) KD 54 (Catawba Creek high stream impacts and high quality wetland ) This is alot but as I said they have a high hurdle to get over with antideg and I think they at least bridge these mayor crossings as a start Thanks Kathy Matthews USEPA Region 4 Wetlands Section 109 T W Alexander Dr Durham NC 27711 MAIL CODE E143 04 phone 919 541 3062 cell 919 619 7319 https / /mail nc gov /owa/ ?ae= Item &t =IPM Note &id= RgAAAADMSzLcd9W2TJH14 %2bm 5/17/2012 FW question about DWQ ratings for Gaston e w FW question about DWQ ratings for Gaston a -w Lespinasse, Polly Sent Tuesday May 08 2012 3 01 PM To Carrillo Sonia From Matthews Kathy [mallto Matthews Kathy @epamall epa gov] Sent Tuesday, March 04, 2008 9 15 AM To Polly Lespinasse Subject Re question about DWQ ratings for Gaston e w Page 1 of 2 Thanks Polly I agree it is annoying to have to pore through the data sheets to figure out what a site may really provide Unfortunately the NRTR doesn t have any site specific Info except for the WRS data sheets I am pretty much assuming that anything Identified as PF01 Is a high quality wetland dust because there Is no rhyme or reason to the ratings here That said there are really no crossings that have high Impact to wetlands (other than the ones we are already supposed to look at) so I probably won t add any sites to our review based on wetlands I did tell George Hoops that I would like for NCWAM to be run on all the wetlands after the LEDPA is chosen I think that would be appropriate for 4A review My main concern this morning is looking at the stream crossings particularly for the ones on the 303d streams and their tribs Crowder s Creek has a particularly large number of small crossings on its tribs because one corridor runs parallel and hits all the tribs They aren t proposing more than double culverts for any of these crossings All of the 303d streams are listed for biological integrity due to urban runoff and storm sewers That means that the road project could potentially exacerbate the degradation or would probably at least contribute to the continued degradation in violation of antidegradation regs Some of the culverts under the ramps are incredibly longl But they don t want to look at those today so I may be getting ahead of myself Are you coming up for the meeting? I hope you have a safe trip to Raleigh' Kathy Matthews USEPA Region 4 Wetlands Section 109 T W Alexander Dr Durham NC 27711 MAIL CODE E143 04 phone 919 541 3062 cell 919 619 7319 Polly Lespmasse <polly lespmasse @ncmad net> 03/04/2008 09 02 AM To Kathy Matthews /RTP /USEPA/US @EPA cc Subject Re question about DWQ ratings for Gaston e w https //ma11 nc gov /owa/ ?ae= Item &t =IPM Note &1d= RgAAAADMSzLcd9W2TJH14 %2bm 5/17/2012 FW question about DWQ ratings for Gaston e w Kathy My position on a wetland rating of a zero would be that it isn t a wetland It has to provide at least some of the functions on the form Unfortunately JCA did the better fob of stream classification so I am kind of bummed about that It also proves to me that no matter how vast the proDect I am going to have to go through everything Its very disheartening really I have been out to two other TIP proDect delineations recently and noticed that both of the consultants scored all the wetlands really low too I don t think anything scored higher than about a 25 and most things were around a 10 (all forested systems) I made comments to both of them that I believed the scores should be higher I m not sure what is going on Hopefully NCWAM will cause people to look at things more consistently Any thoughts on the meeting this afternoon's Matthews Kathy @epamail epa gov wrote > Hi Polly • I was looking at the Gaston info for tomorrow and noticed that some • of the forested wetlands rated a big fat 0 under the DWQ rating • system Do you know if that is possible? If something that is keyed • out as a palustrine forested system can rate a 0 • I noted that the particular consultant (JCA) who gave out several • zeros also gave alot of single -digit ratings and seemd to rate • impounded wetlands the highest haha > Thanks • Kathy Matthews • USEPA - Region 4 Wetlands Section • 109 T W Alexander Dr • Durham NC 27711 • MAIL CODE E143 -04 • phone 919 -541 -3062 • cell 919 -619 -7319 Polly Lespinasse - Polly Lespinasse @ncmai.l net Environmental Specialist North Carolina Dept of Environment & Natural Resources Div of Water Quality 610 E Center Ave Suite 301 Mooresville NC 28115 Ph 704 663 1699 Fax 704 663 6040 Page 2 of 2 https //mail nc gov /owa/ ?ae= Item &t =IPM Note &id= RgAAAADMSzLcd9W2TJH14 %2bm 5/17/2012 FW Gaston E W parkway and EEP mitigation proposal for preservation Page I of 2 FW Gaston E -W parkway and EEP mitigation proposal for preservation Lespinasse, Polly Sent Tuesday May 08 2012 3 02 PM To Carrillo Sonia Attachments bobs pocket PACGTC memo doc (3 MB) From Matthews Kathy @epamall epa gov [mailto Matthews Kathy @epamall epa gov] Sent Friday, October 09, 2009 10 27 AM To Lespinasse, Polly, Chambers, Marla I , Marella_Buncick @fws gov, Wrenn, Brian Cc Steven W Lund @usace army mil Subject Fw Gaston E W parkway and EEP mitigation proposal for preservation FYI Please see the message below I would like to bring this up on Tuesday We told EEP that they should probably come to a NCTA (Gaston) meeting this fall to talk about mitigation I have attached the Bob s Pocket Info from EEP EEP is currently seeking a mitigation ratio of 2 1 for the preservation of streams on the site Kathy Matthews USEPA Region 4 Wetlands & Marine Reg Section 109 T W Alexander Dr Durham NC 27711 MAIL CODE E143 04 phone 919 541 3062 cell 919 619 7319 Forwarded by Kathy Matthews /RTP /USEPA/US on 10/09/2009 10 18 AM From Kathy Matthews /RTP /USEPA/US To Chris Mditscher /R4 /USEPA/US @EPA Cc Tom Welborn /R4 /USEPA/US @EPA Linda Rimer /RTP /USEPA/US @EPA Heinz Mueller /R4 /USEPA/US @EPA Jennifer Derby /R4 /US EPA/U S@ EPA Date 10/09/2009 08 34 AM Subject Gaston E W parkway and EEP mitigation proposal for preservation Chris attended an EEP PACG TC (technical committee) meeting yesterday One of the topics was a new proposed preservation site In McDowell County called Bobs Pocket It is In the upper reaches of the Catawba 01 HUC within one of EEP s Local Watershed Planning Areas It Is a 2 400 acre property with a (State significant) Significant Natural Heritage Area on it There are perhaps 120 000 If of streams on the site that could be preserved About 1/3 of the land has been timbered in the past 25 years the remaining 2/3 is about 80 years old mixed pine /hardwood forest The site would preserve the headwaters of several watersheds and looks like a very unique and good opportunity The PACG TC intends to visit the site on Nov 16 We have not come to an agreement on potential mitigation ratios for the site that is a big issue However another big Issue Is that EEP was intending the site to be partial mitigation for Gaston E W parkway which as you may know Is at the very bottom of the Catawba 01 HUC (and some of It is actually in Catawba 02 or Catawba 03) In a different ecoreglon and about 100 miles away https //mail nc gov /owa/ ?ae= Item &t =IPM Note &id= RgAAAADMSzLcd9W2TJH14 %2bm 5/17/2012 FW Gaston E W parkway and EEP mitigation proposal for preservation Page 2 of 2 As you also know I have spoken several times in meetings about the importance of avoiding minimizing and mitigating impacts to the streams along the project the vast majority of which are listed on the 303(d) list for urban runoff and other similar activities Based on the Draft EIS we have to assume that they may have up to 60 000 If (11 miles) of direct impacts to these streams My intent was that the impacts to the 303(d) listed streams would be compensated by mitigation that is relatively close to the project area and would provide functional benefits to the waterbodies impacted Bob s Pocket project although it appears to be a really nice and unique site would not provide any functional benefit to the impacted waterbodies and would not provide any replacement of lost functions (since it is a preservation project) Because NCTA apparently didn t understand that message or didn t bother to pass it on to EEP I have informed EEP that as a member of the Gaston Merger team I would not likely approve the use of Bob s Pocket At our Tuesday meeting I also intend to make sure that NCTA understands that they should talk to EEP about opportunities in South Gaston County which should be available Thanks Kathy Matthews USEPA Region 4 Wetlands & Marine Reg Section 109 T W Alexander Dr Durham NC 27711 MAIL CODE E143 04 phone 919 541 3062 cell 919 619 7319 https //mail nc gov /owa/ ?ae= Item &t =IPM Note &id= RgAAAADMSzLcd9W2TJHI4 %2bm 5/17/2012 sN Memorandum To PACGTC Chair Scott McLendon From Marc Recktenwald Cc Andrea Leslie Mike McDonald Subject Proposed Preservation Project Bobs Pocket Date September 30, 2009 This memo proposes the acquisition of Bobs Pocket, an approximately 2,400 acre property in McDowell County that includes Bobs Creek Pocket Wilderness to satisfy stream restoration equivalent needs in Catawba 01 If protected, this project will protect the entire watershed of a number of streams in the Muddy Creek local watershed planning area, also insuring the preservation of a Significant Natural Heritage Area Due to the project s scope (protecting an entire watershed) and qualifications, we request that an alternative compensatory mitigation ratio of 2 1 be applied Bobs Pocket — Background Bobs Pocket is located on an approximately 2,400 acre property in southeastern McDowell County which is within the Northern Mountains ecoregion It is in the Muddy Creek local watershed planning area and is within targeted local watersheds 03050101040010 and 03050101040020 This entire property has been identified as a priority preservation project by both the Muddy Creek Restoration Partners in their 2003 restoration plan (2003) and in EEP s 2008 Phase IV effort for the Muddy Creek Local Watershed Plan The North Carolina Natural Heritage Program identifies six hundred and ten acres as a Significant Natural Heritage Area (SNHA) of state significance called Bobs Creek Pocket Wilderness (NC Natural Heritage Program 2009 Figure 1) Most of these 610 acres are located on the northern portion of the 2 400 acre Bobs Pocket property considered here For ease of discussion an this memo the entire 2 400 acre property will called Bobs Pocket and the northern SHNA will be called Bobs Creek Pocket Wilderness Most of the forests in Bobs Creek Pocket Wilderness are mature second or third growth, with communities typical of the southwestern foothills region namely Acidic Cove Forest Dry Mesic Oak Hickory Forest, and Chestnut Oak Forest (NC Natural Heritage Program 2005) The Wilderness hosts a number of Natural Heritage Element Occurrences (NHEOs), including balsam ragwort, Sullivan s entodon, Appalachian golden banner round leaf serviceberry and sweet white trillium p� N - �i" jam(( (� (,� i�\ '+��� � � -• `.� � �'^�8 > f, h� Yy���Y �.' � f � \� ��-�� X''� r r— � g q r� _ � � yl- t � I` fr �✓ �� 1 t ��� � ifs t 16 NN v 7w jw�yv �r f I� ,erg s �' � ��"1 � — ��,� � �.,1 �_L ��s'� � i � `�.�.,�•` � � I —r•J N U O R-( V U rn O pq s�. O `4 U O .fl O t� b�A The ownership of the 2 400 acre Bobs Pocket has passed through a number of timber companies, and in 2006, a local family owning several timber companies (including Gilkey Lumber Company and Broad River Forest Products) acquired it for both timber and investment The property is entirely forested and is a patchwork of forests of different ages Approximately 1 500 acres are 80+ years old, 200 300 acres were thinned in response to a southern pine beetle infestation about 10 15 years ago, 200 acres were thinned within the last 5 years and the remainder is a mix of planted pine and mixed forest that was thinned more than 25 years ago (T Parton personal communication) Where forests have been cut more recently forested buffers have been left intact Logging roads were built to avoid stream crossings Bobs Pocket is an ideal location for residential development with excellent views and numerous relatively flat areas for homesites The landowners have entertained numerous inquiries by potential buyers In 2008, the land was under contract for sale but the deal fell through An adjacent tract that would allow easy road access to the property is currently for sale Bobs Creek Pocket Wilderness is also valued locally as a wilderness This portion of the property was set aside from timbering in the 1970s by then owner Bowaters Carolina Corporation An eight mile trail system was developed and the area was opened to the public for hiking and back country camping Now much of the larger 2,400 acre Bobs Pocket is leased for hunting Bobs Pocket is on a small mountain and contains the headwaters of a number of class C streams that are considered warm water by Wildlife Resources Commission Streams examined by EEP staff are in excellent condition characterized by intact riparian buffers and stable channels (Figures 2 4) Streams range in character from bedrock bottomed systems of slides and waterfalls to slow sand gravel bed systems punctuated by bedrock mckpoints Those wetlands observed were seeps Figures 2 4 Streams on Bobs Pocket Clockwise from upper left Bobs Creek UT to Stanfords Creek, and Hemlock Falls Local Watershed Plan Context The Muddy Creek watershed has been the focus of a watershed planning and restoration strategy since 1998 The Muddy Creek Restoration Partnership, a consortium of many local and regional organizations including the McDowell County Soil and Water Conservation District, Duke Energy and Trout Unlimited, developed a watershed restoration plan and feasibility study in 2003 Since 2004 a concentrated effort has been underway to implement priority restoration and preservation projects EEP has been a key partner in project implementation Although EEP did not develop the watershed plan itself, we consider the Muddy Creek effort a local watershed plan because it has the key elements of a local watershed plan (including monitoring a watershed plan, a stakeholder effort and project implementation) EEP has been very active in project implementation (EEP, 2009) In 2008, we contracted with Equinox Environmental to conduct a Phase IV planning effort to augment the existing plan, developing a detailed project atlas of stream restoration and preservation projects and performing landowner outreach As of August 2009 EEP has eleven instituted projects and four projects in negotiation in the watershed We project that the instituted projects will yield 56,546 SMU and 54 WMU The Partnership has worked with other funding sources (Clean Water Management Trust Fund DOT Duke Energy EPA EQIP NC Ag Cost Share NC Division of Water Resources) to implement 21 additional projects consisting of a mix of stream restoration riparian buffer restoration, and livestock exclusion projects Including EEP s projects, there has been more than $13 million spent on the implementation of protects on more than 19 miles of stream in the watershed Bobs Pocket is a headwater site of both South Muddy Creek and North Muddy Creek and it is upstream of numerous EEP and non EEP projects in the watershed It is directly upstream of three EEP projects currently in design acquisition or negotiation (Figure 5) including the following 1 Bobs Creek Patton a stream restoration and preservation project in design 2 UT to N Muddy Haney a preservation only project under option 3 Bobs Creek Cochran stream restoration site already constructed through NC Division of Water Resources funds In need of repair and a conservation easement EEP is in negotiation with the landowner to explore repair and easement opportunities Figure 5 Bobs Pocket and adjacent EEP projects 2 Stream Assets and Mitigation Needs Stream length on the parcel can be estimated using two GIS datasets The USGS 124,000 topographic dataset shows 55 292 ft of stream The detailed hydrography dataset recently developed by the NC Center for Geographic Information and Analysis (CGIA) from LIDAR imagery shows 143,589 ft of stream almost three times that of the USGS dataset Field experience with both datasets reveals that the USGS dataset severely underestimates stream length in the mountains and foothills The CGIA dataset was derived from an assumed drainage area and stream origin relationship Our experience has demonstrated that this dataset is a better estimate of streams on the ground, but it can both overestimate and underestimate stream length In order to get an accurate determination of the length of both perennial and intermittent streams it is necessary to perform a field based stream survey Based on our experience with the different stream datasets we believe that an estimate of 120,000 linear ft is conservative and reasonable for this parcel We intend to satisfy a portion or all of 45 000 SMU of restoration equivalents most of which would be applied to a North Carolina Turnpike Authority project (Gaston East West Connector from 185 west of Gastonia in Gaston County to I 485/NC 160 southwest of Charlotte in Mecklenburg County, North Carolina) which is projected to impact 37,850 linear ft of stream Mitigation for this project must be instituted by June 30 2011 Proposed Credit Scenario Due to the land s ecological importance and its location in relation to other projects in the Muddy Creek local watershed planning area, EEP believes it is critical to protect the entire parcel, which would ensure the preservation of the watershed of a number of headwater streams Bobs Pocket has the following characteristics that qualify it as an excellent opportunity for preservation 1 Site is a high quality intact riparian natural area composed of native vegetation (criterion #10 in the High Quality Preservation (HQP) guidelines updated in 3/9/2004) 2 Site is a Significant Natural Heritage Area of state rank (criterion #8 in HQP guidelines) 3 Site is within a local watershed planning area 4 Site benefits restored and protected functions in immediately adjacent mitigation sites 5 Site is upstream of numerous other buffer restoration livestock exclusion, stream restoration and preservation project sites in the watershed 6 Site contains numerous headwater streams 7 Site is under threat of development We propose that a compensatory mitigation ratio of 2 1 be applied to preserved streams on Bobs Pocket due to the land's ecological importance, location in relation to other projects in the Muddy Creek local watershed planning area, and the protection of the subject streams' entire watersheds Stewardship If Bobs Pocket is acquired by EEP it is our recommendation that it be turned over to the NC Wildlife Resources Commission (WRC) for management as public gamelands due to the interest of the public in maintaining recreational access to the property EEP staff have contacted Gordon Warburton who oversees large tract acquisitions for WRC, he has indicated initial WRC interest in acquiring the property WRC will need Commission approval in order to pursue the acquisition of the property with EEP References Ecosystem Enhancement Program 2009 Muddy Creek Watershed Restoration Plan Fact Sheet http / /www nceep net /services /lwTs /muddy creek /Muddy Creek Factsheet %20tan09 pdf Muddy Creek Restoration Partners 2003 Feasibility Report and Restoration Plan for the Muddy Creek Watershed December 2003 http / /www ncee_p net /services /lyMs /muddy creek /Muddy Creek plan 2003 pdf NC Natural Heritage Program 2009 Significant Natural Heritage Area Report Bobs Creek Pocket Wilderness From NHP database, July 17 2009 NC Natural Heritage Program 2005 An Inventory of the Significant Natural Areas of McDowell County North Carolina November 2005 Parton Tim 2009 Phone conversation Gilkey Lumber Company and Bobs Pocket landowner Con III FW Comments on Field Tour Meeting Summary Gaston E W Connector Page 1 of 2 FW Comments on Field Tour Meeting Summary Gaston E -W Connector Lespinasse, Polly Sent Tuesday May 08 2012 3 01 PM To Carrillo Sonia From Matthews Kathy [mailto Matthews Kathy @epamail epa gov] Sent Monday, March 03, 2008 11 29 AM To Matthews Kathy Cc Marla Chambers, Mllitscher Chris, Hoops, George, hankg, Marella Buncick, marla chambers, polly lespinasse, Renee Gledhill Earley, Cook, Robert (Planning) , steven w lund Subject Re Comments on Field Tour Meeting Summary Gaston E W Connector Jennifer I found another comment on the Field tour summary On page 4 it states that Stream S131 is an unnamed perennial tributary to Crowders Creek> It has a DWQ score of 26 However in my notes S131 scored a 44 (which is more appropriate for a perennial stream) and S132 scored a 26 S132 is a short Intermittent trib to S131 and 26 would be a more appropriate score for an intermittent stream Thanks Kathy Matthews USEPA Region 4 Wetlands Section 109 T W Alexander Dr Durham NC 27711 MAIL CODE E143 04 phone 919 541 3062 cell 919 619 7319 Kathy Matthews /RTP /USEPA/US To Hoops George <George Hoops @fhwa dot gov> Kathy Matthews /RTP /USEPA/US @EPA Chris Militscher /R4 /USEPA/US @EPA Marella Buncick <Marella Buncick @fws gov> <marla chambers @ctc net> 02/12/2008 04 55 PM Marla Chambers <chambersml @carolina rr com> <steven w lund @saw02 usace army mil> <polly lespinasse @ncmail net> <hankg @cityofgastoniacom> Cook Robert \(Planning \) <rwcook @ci charlotte nc us> Renee Gledhill Earley <Renee Gledhill Earley @ncmail net> cc Subject Comments on Field Tour Meeting Summary Gaston E W Connector Jennifer As I mentioned in the February 5 2008 meeting I have some comments on the Field Tour Meeting Summary for the December 17 18 2007 field tour of the Gaston E W Connector In particular I recommend that the following language be added to Site 4 Ms Matthews ( USEPA) expressed concerns that the consultant appears not to have accurately portrayed Wetland 159 a forested wetland and that the wetland scored so low using the DWQ s Wetland Rating System when it appears to be at least a medium https //mail nc gov /owa/ ?ae= Item &t =IPM Note &id= RgAAAADMSzLcd9W2TJH14 %2bm 5/17/2012 FW Comments on Field Tour Meeting Summary Gaston E W Connector - Page 2 of 2 quality system Also for Site 8 please add Ms Matthews expressed concerns with the use of the DWQ Ratings for Wetland 67 which appears to be a high quality forested wetland Ms Matthews expressed general concerns for the use of the DWQ Rating system on this project because she believes it does not provide meaningful information on the condition or quality of the wetland Thanks Kathy Matthews USEPA Region 4 Wetlands Section 109 T W Alexander Dr Durham NC 27711 MAIL CODE E143 04 phone 919 541 3062 cell 919 619 7319 https //mail nc gov /owa/ ?ae= Item &t =IPM Note &id= RgAAAADMSzLcd9W2TJH14 %2bm 5/17/2012 FW Final Delineation Mapping and Data Forms for the Gaston E W Connector Page 1 of 2 FW Final Delineation Mapping and Data Forms for the Gaston E -W Connector Lespinasse, Polly Sent Tuesday May 08 2012 3 02 PM To Carrillo Sonia From mcgloden @pbsj com [mailto mcgloden @pbsj com] Sent Friday, May 07, 2010 12 57 PM To Sarah E Hair @usace army mil, Lespinasse, Polly Cc Dayton, Jeff, jsgurak, Subject Final Delineation Mapping and Data Forms for the Gaston E W Connector Liz and Polly Please find attached the final mapping and data forms for streams and wetlands delineated within DSA 9 of the Gaston E W Connector project Mapping and data forms have been modified and updated based on two on Site meetings to review Jurisdictional areas Also included are two summary tables for streams and wetlands that provide projected impacts based on the preferred alternative refined design Revisions include Figure 2 3B W34 was expanded to include the entire area between S28 and S29 Figure 2 3C S50 was removed Figure 2 3M W252 and W253 are now connected via a linear wetland Figure 2 3R S318D was changed from intermittent to perennial No isolated wetlands occur within DSA 9 Rapanos forms have been updated to reflect this change Based on the delivery of the attached mapping and data forms PBS &J and NCTA request that the USACE provide a jurisdictional determination for streams and wetlands delineated within DSA 9 Thank you for your attention to this very important project I look forward to meeting with you later this month to review the delineation in Monroe I will send you the meeting location and time next week Please let me know if you have any questions Sincerely Michael Michael C Gloden Senior Scientist PBS &J 1616 E Millbrook Road Suite 310 Raleigh NC 27609 ol 919 876 6888 (Main) l 919 876 6848 mcgloden @pbsj com www pbsJ com File(s) will be available for download until 12 May 2010 File NCDWQ Stream ID Forms Gaston EW_May2010 pdf 6 468 81 KB File NCDWQ Wetland Rating Forms DSA9 Gaston EW May2010 pdf 3 118 89 KB https //mail nc gov /owa/ ?ae= Item &t =IPM Note &id= RgAAAADMSzLcd9W2TJHI4 %2bm 5/17/2012 FW Final Delineation Mapping and Data Forms for the Gaston E W Connector Page 2 of 2 File Rapanos Forms_ DSA9_ Gaston EW_May2010 pdf 7 832 73 KB File USACE Stream Rating Forms DSA9 Gaston EW_May2010 pdf 23,960 35 KB File USACE Wetland Determination Forms DSA9 Gaston EW May2010 pdf 9 648 66 KB File AttchmtB PrefAlt_ Stream Impacts Summary 050610 pdf 4167 KB File AttchmtB_ PrefAlt_W_etland Impacts Suinmary_050610 pdf 28 55 KB File FEIS_&2 3_DSA9PrelimDes April2010 pdf, 5 033 80 KB You have received attachment link(s) within this email sent via PBSJ SendIT To retrieve the attachment (s) please click on the link(s) New Users Click on the attachment link to register and create a unique password To download a userguide visit http //sendrt pbsj com Accellion File Transfer https //mail nc gov /owa/ ?ae= Item &t =IPM Note &>d= RgAAAADMSzLcd9W2TJHI4 %2bm 5/17/2012 FW parameters for WQ modeling Gaston and Monroe projects Page 1 of 1 FW parameters for WQ modeling, Gaston and Monroe projects Lespinasse, Polly Sent Tuesday May 08 2012 3 02 PM To Carrillo Sonia From Matthews Kathy @epamail epa gov [mailto Matthews Kathy @epamail epa gov] Sent Friday, September 04, 2009 11 43 AM To Harris, Jennifer, george hoops @dot gov, marella_buncick @fws gov, Steven w lund @saw02 usace army mil, Lespinasse, Polly, Lespinasse, Polly, Chambers, Marla J , Mllitscher Chris @epamail epa gov, TBAllen @pbsj com Subject parameters for WQ modeling, Gaston and Monroe projects I finally took a good look at the 303(d) list for these areas Most of the streams are listed for Chlorophyll a turbidity or failure of biological standards Therefore I think the proposed parameters for modeling are adequate (nitrogen phosphorus and sediment) Thanks Kathy Matthews USEPA Region 4 Wetlands & Marine Reg Section 109 T W Alexander Dr Durham NC 27711 MAIL CODE E143 04 phone 919 541 3062 cell 919 619 7319 https //ma11 nc gov /owa/9ae= Item &t =IPM Note &1d= RgAAAADMSzLcd9W2TJHI4 %2bm 5/17/2012 FW Gaston Water Quality Analysis FW Gaston Water Quality Analysis Lespinasse, Polly Sent Tuesday May 08 2012 3 21 PM To Carrillo Sonia Attachments NCTA_Responseto_WRCComment -1 pdf (73 KB) Page 1 of 2 From Gurak, JIII S [ mailto JIII Gurak @atkinsglobal com] Sent Friday, December 09, 20114 01 PM To Lespinasse, Polly Cc Shumate, Christy, Allen, Thomas B Subject RE Gaston Water Quality Analysis Polly Yes this is a revised edition Changes were made in response to comments from WRC I ve attached the WRC comment /response letter for your use If you have additional questions please let me and /or Brad Allen know Jill Jill Gurak PE AICP Project Director Transportation ATKINS 1616 East Millbrook Rd Ste 310 Raleigh NC 27615 1 Tel +1 (919) 431 5298 1 Fax +1 (919) 876 6848 1 Cell +1 (919) 609 0186 Email aiil gurak @atkinsglobai com I Web www atkmsgiobal com /northamerica www atklnsglobal com From Lespinasse, Polly [mailto polly lespinasse @ncdenr gov] Sent Friday, December 09, 2011 2 04 PM To Gurak, JIII S Subject Gaston Water Quality Analysis Jill I have downloaded the document at the link you provided Can you advise if this is a revised edition? If so, is there any way to provide information on where the revisions occurred (maybe even the sections)? Right now I would have to go through both documents concurrently to see where the changes occur Thanks Polly Lespinasse Polly Lespinasse @ncdenr gov Environmental Senior Specialist North Carolina Dept of Environment & Natural Resources Div of Water Quality https //mail nc gov /owa/ ?ae= Item &t =IPM Note &id= RgAAAADMSzLcd9W2TJHI4 %2bm 5/17/2012 FW Gaston Water Quality Analysis 610 E Center Ave Suite 301 Mooresville NC 28115 Ph 704 235 2190 Fax 704 663 6040 Page 2 of 2 E mall correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation This message has been checked for all known viruses by MessageLabs This electronic mad communication may contain privileged confidential and /or proprietary information which is the property of The Atkins North America Corporation WS Atkins plc or one of its affiliates If you are not the intended recipient or an authorized agent of the intended recipient please delete this communication and notify the sender that you have received it in error A list of wholly owned Atkins Group companies can be found at http / /www atkinsglobal com /site services /group company registration details Consider the environment Please don t print this email unless you really need to https //mail nc gov /owa/ ?ae= Item &t =IPM Note &td= RgAAAADMSzLcd9W2TJH14 %2bm 5/17/2012 M ST�o w STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION TURNPIKE AUTHORITY BEVERLY EAVES PERDUE GOVERNOR November 30 2011 Ms Marla Chambers Western NCDOT Permit Coordinator NC Wildlife Resources Commission Division of Inland Fisheries 1721 Mail Service Center Raleigh NC 27699 1721 Ms Chambers EUGENE A CONTI JR SECRETARY Thank you for your memorandum of September 30 2011 in response to our request for comments on the report titled Gaston East West Connector Indirect and Cumulative Effects Water Quality Analysis — Draft (Atkins August 2011) (referred to in this letter as the Water Quality Analysis) We offer the following in response to the questions and concerns raised in your letter 1 Higher pollutant loads are anticipated as currently undeveloped unmanaged land uses (namely forest lands) are converted to residential commercial and industrial uses Over 80 percent of the land consumed by the projects direct and indirect effects is forecasted to come from forest and pasture lands It was confirmed that when all undeveloped land uses are considered 83 percent of percent of the direct and indirect impacts occur to forest and pasture lands Undeveloped land uses included in this total are barren land agricultural land forest grassland open water shrub land and pasture 2 Some of the report s projections seem counter intuitive and lead us to question some of the model inputs and calibration For example the Build scenario was forecast to have approximately 100 fewer acres of commercial /industrial /office development in the Study Area as compare to the No Build scenario despite the projects close proximity to Charlotte and the airport it s connection to 1 485 and US 321 and its ability to serve as an alternate route to 1 85 As discussed in Final EIS Section 2 5 5 6 the gravity model used to evaluate projected changes in households and employment in the ICE Study Area estimates there would be approximately 3 700 new households and 300 fewer jobs in the ICE study area in the Build scenario compared to the No Build scenario This results in an estimated difference of 1 200 more acres of residential development and 100 fewer acres of employment related development in the ICE Study Area in the Build scenario These values are relatively small in comparison to the total growth in households (42 200) and employment 33 100) expected between 2005 and 2035 NORTH CAROLINA TURNPIKE AUTHORITY 1578 MAIL SERVICE CENTER RALEIGH N C 27699 1578 PHONE 919 707 2700 FAX 919 715 5511 http / /www ncturnplke org under the No Budd scenario For households the difference is a 3 6 percent increase and for employment the difference is a 0 3 percent decrease or approximately no change in employment growth Based on the gravity model the areas along the 1 85 corridor where employment and non residential uses are more prevalent would not experience as large of an accessibility improvement as areas in southern Gaston County and northern York County which have residential uses more prevalent (existing and forecasted) As a result the areas along the 1 85 corridor show less growth under the Budd Scenario than under the No Budd Scenario Inputs to the gravity model were determined in consultation with area planners Interviews were held with planners from GUAMPO MUMPO RFATS Gaston County Mecklenburg County and York County All three of the MPOs with responsibility for developing the demographic forecasts for the study area confirmed that the Gaston East West Connector was assumed to be completed in the allocation of future growth to specific zones (Note that this is was not the case for the Monroe Connector /Bypass) During the demographic forecasting efforts for the Metrolina model additional growth was added in areas that were expected to become more attractive to development with the project including southern Gaston County and northern York County This means that the indirect land use effect of the project is already reflected in the forecasts Therefore the Metrolma model forecasts were determined to represent the Budd condition All the participants concurred that the forecasts represent the Budd condition and it was reasonable to use the gravity model approach to redistribute households and employment for the No Build condition 3 Also despite the increase in residential acreage the analysis assumed no changes to septic areas between the future land use scenarios and assumed that the project will not make southern Gaston County more attractive to group quarters types of facilities such as college dorms prisons nursing homes etc It is acknowledged that the number of residences in septic service areas should have been increased in the future land use scenarios The watershed models were revised accordingly It should also be noted that areas within the septic service area transitioning to the Developed High Intensity land use category (apartment complexes row houses and commercial /industrial areas with 80 to 100 percent impervious cover) in the future land use scenarios were assumed to convert to sewer service Typically the built upon area in such high density development does not leave enough space for septic fields The results reported for the future land use scenarios in the revised Gaston East West Connector Indirect and Cumulative Effects Water Quality Analysis reflect the increased number of residences with septic service A copy of the revised report will be transmitted to you The septic population estimates assumed that the Project will not make southern Gaston County more attractive to the types of facilities counted as group quarters (r a college dorms prisons nursing homes etc ) and that the future group quarters population is the same in the No Budd and Build scenarios The group quarters facilities are assumed to be distributed proportional to land area for TAZs only partially contained within the Study Area Southern Gaston County is projected in the Comprehensive Plan to be primarily residential with focus area for more intense development located at the interchanges of the Gaston East West Connector with US 321 and NC 279 There are no known current plans for large institutional uses such as colleges or prisons in southern Gaston County 2 4 We also have concerns regarding the projections of sediment and other pollutants After the GWLF calculated TN TP and TSS loads for a given HU the pollutant loads were reduced according to the existing buffer characteristics within the legally protected areas of the HU Only currently protected buffers were considered because the vegetated area beyond the protected zone was not guaranteed to persist in the 2035 No Build and 2035 Budd scenarios We see that as a good reason to use the legally protected buffer for the future scenarios but are concerned that excluding the existing buffers that lie beyond the minimum protection from the Baseline scenario and then calibrating the model based on actual existing streamflows could skew the results It seems that linking minimum protection with flows emanating from lands with greater buffer benefits might underestimate the impacts and /or overestimate the effects of smaller buffers Forested areas extending beyond the protected buffer zones are accounted for in the average curve number and pollutant (TN TP TSS) export rates provided as input for each hydrologic unit modeled The greater the proportion of forest in the hydrologic unit the lower the average curve number and pollutant export rates Lower curve numbers and pollutant export rates in turn translate to lower predicted runoff and pollutant loads 5 In addition it is unclear if the model took into consideration sediment impacts during the construction phases of the roadway and subsequent secondary development The model estimated pollutant loadings for the various land uses and calculated the differences between the baseline and future scenarios However the transition period between land uses when most of the construction is occurring is likely to have the most severe sediment impacts to a watershed and should be adequately accounted for in the model The water quality analysis did not consider sediment impacts during construction phases of the roadway or any subsequent secondary development Such impacts have not been considered in past ICE water quality analyses for NCDOT transportation projects as it is assumed that when properly implemented state and locally mandated erosion and sediment control measures adequately address sediment export from construction sites It should also be noted that the roadway itself is to be constructed in accordance with the NCDOT s Design Standards in Sensitive Watersheds Any subsequent secondary development in excess of one acre occurring in Gaston and Mecklenburg Counties North Carolina or York County South Carolina is subject to EPA Phase 11 Stormwater Rules These more rigorous measures should provide additional assurance against sediment impacts for either roadway or secondary growth construction 6 The document pointed out that since the analysis only considered riparian buffers for reducing pollutant loads the watershed model overestimates pollutant loadings from areas that would otherwise received other types of stormwater treatment We understand that future levels of treatment would be difficult to predict and agree with the report s statement that substantial pollutant load reductions beyond those provided by the simulated riparian buffers could be realized if the EPA Phase I and II Stormwater Rules in effect through 99 percent of the Study Area and locally mandated stormwater treatment requirements are enforced • Additional information about implementation and enforcement of Phase I and Phase II Stormwater Rules in Gaston County Mecklenburg County and York County is provided in the attachment to this letter 7 The analysis reinforces our concerns and recommendations detailed in our earlier comment letters Please see our comments on the Draft and Final Environmental Impact Statements dated July 7 2009 and February 14 2011 respectively WRC s comments on the Draft EIS are addressed in Appendix B 1 of the Final EIS WRC s comments on the Final EIS will be addressed in Appendix C of the Record of Decision NCTA believes NCWRC s comments have been adequately addressed 8 We continue to emphasize the importance of working with the local community to implement additional protective measures and we encourage efforts to restore water quality and wildlife habitat where currently degraded in the study area NCTA can encourage local governments to adopt regulations and land use plans that would help protect significant natural resources but NCTA lacks any enforcement authority to ensure their adoption or adherence For their own part NCTA has made a project commitment to implement Design Standards in Sensitive Watersheds for the entire project NCTA also is working to implement adjacent and nearby mitigation for impacts to jurisdictional resources including the purchase of the Linwood Springs Golf Course for mitigation purposes as discussed in more detail in the Record of Decision We look forward to continued coordination with the NCWRC and other environmental agencies for further minimize impacts of this project on resources in the area If you have additional comments or need additional information please contact me at (919) 707 2704 or IhharrisU( ncdot gov Sincerely Jennifer Harris cc Sarah E Hair USACE Marella Buncick USFWS Christopher Mditscher USEPA Polly Lespinasse NCDWQ Brian Wrenn NCDWQ M Summary of Stormwater Regulations in the Study Area of the Gaston East Connector Indirect and Cumulative Effects Water Quality Analysis This document summarizes the stormwater ordinances of Gaston County the City of Charlotte and Mecklenburg County North Carolina and York County South Carolina These communities constitute 99 percent of the study area of the Gaston East West Connector Indirect and Cumulative Effects Water Quality Analysis In all cases the communities are subject to either EPA Phase I or Phase II Stormwater Rules The established Stormwater ordinances meet the standards stipulated by the EPA rules Summary of Gaston County Stormwater Ordinance The Gaston County Stormwater ordinance applies to all areas of Gaston County except the municipalities of Kings Mountain and Mount Holly and designated water supply watersheds The Gaston County Natural Resources Department administers the ordinance and is responsible for approving stormwater permits and enforcement of the ordinance provisions Under the ordinance a stormwater permit is required for all development and redevelopment exceeding one acre of disturbance for residential or commercial development and projects less than an acre that are part of a larger common plan of development or sale Permit applications must demonstrate the inclusion of adequate natural drainage systems or storm drainage facilities for transmitting stormwater flows into either existing drainage facilities or natural drainage systems These systems must not unreasonably burden adjacent properties with surface waters The ordinance establishes minimum design standards for stormwater controls as follows • Stormwater detention shall limit the rate of discharge from the site to the rate for the 1 year 24 hour storm that existed prior to development • No stormwater controls shall be located within 30 feet landward from any perennial or intermittent surface waters • Stormwater controls shall store and treat at a minimum the stormwater runoff from the first inch of rainfall for a minimum of 48 hours but no more than 120 hours • Structural stormwater treatment systems shall have a minimum of 85% average annual removal for total suspended solids • No stormwater controls shall be located within the floodway • All stormwater controls shall be able to route at a minimum the 25 year 24 hour storm Summary of Charlotte Mecklenburg Stormwater Regulations The Charlotte Mecklenburg Storm Water Services administer stormwater regulations in the City of Charlotte and in unincorporated Mecklenburg County through certification of final as built plans the issuance of a stormwater management permit and a documented process for appeals and variances Stormwater regulations vary somewhat by watershed district but primarily contain two components standards for low density projects whose main requirement are enhanced Surface Water Improvement and Management (S W I M ) stream buffers and standards for high density projects which identify stormwater treatment requirements The Central Catawba and the Western Catawba watershed districts occur within the study area The regulations in the watershed districts differ by the threshold for built upon area defining projects as high density Projects in the Central Catawba district are considered high density when their drainage area has greater than 24 percent built upon area In the Western Catawba district the threshold is defined as 12 percent S W I M buffer requirements mandate the following buffer widths on all perennial and intermittent streams • 35 feet on streams draining greater than or equal to 100 acres and less than 300 acres • 50 feet on streams draining greater than or equal to 300 acres and less than 640 acres • 100 foot buffer plus 50 percent of the area of the flood fringe beyond 100 feet on streams draining greater than or equal to 640 acres In addition the Charlotte Mecklenburg post construction stormwater regulations require all perennial and intermittent streams draining less than 50 acres have a minimum 30 foot vegetated buffer including a ten foot zone adjacent to the bank The post construction stormwater regulations also require streams that dram greater than or equal to 50 acres and less than 100 acres to have the same requirements as S W I M buffers which drain at least 100 acres High density projects are subject to the design standards for stormwater management and treatment systems established in the post construction stormwater regulations The design standards are as follows • Stormwater quality treatment systems must treat runoff generated from the first inch of rainfall • All structural stormwater treatment systems used to meet these requirements must be designed to have a minimum of 85% average annual removal for total suspended solids • In the Western Catawba watershed district 70 percent average annual removal for total phosphorus is required except for the I 1 and 12 zoned developments which are exempt For residential land disturbing activities exceeding the built upon area threshold peak control shall be installed for the appropriate storm frequency as determined by the Charlotte Mecklenburg Storm Water Services engineer based on a downstream flood analysis or if a downstream analysis is not performed the peak shall be controlled for the ten year and 25 year six hour storms For commercial land disturbing activities exceeding the built upon area threshold peak control shall be installed for the ten year six hour storm and additional peak control provided for the appropriate storm frequency as determined by the Charlotte Mecklenburg Storm Water Services engineer based on a downstream flood analysis or if a downstream analysis is not performed the peak shall be controlled for the ten year and 25 year six hour storms Controlling the one year 24 hour volume achieves peak control for the two year six hour storm For I 1 and 12 zoned developments peak control must be installed for the two year and ten year six hour storms and additional peak control provided for the appropriate storm frequency (i e 25 50 or 100 year six hour) based on a downstream flood analysis or if a downstream analysis is not performed the peak shall be controlled for the two year ten year and 25 year six hour storms Summary of York County Stoi mwater Ordinance The York County Stormwater ordinance applies to all lands within unincorporated York County as well as municipalities of York County that have adopted the ordinance The York County Engineering Department administers the ordinance and is responsible for approving stormwater permits and enforcement of the ordinance provisions Under the ordinance a stormwater permit is required for all development and redevelopment exceeding one acre of disturbance for residential or commercial development and projects less than an acre that are part of a larger common plan of development or sale The ordinance establishes the following design standards for stormwater management and treatment systems • Post development peak discharge rates shall not exceed pre development discharge rates for the two and ten year frequency 24 hour storm • Discharge velocities shall be reduced to reduced to provide a nonerosive velocity flow from a structure channel or other control measure or the velocity of the 10 year 24 hour storm runoff in the receiving waterway prior to development Discharge velocities shall not exceed 20 feet /second • When channel velocity is calculated to exceed sufficient stability armored (rip rap or other) open channels shall be used in place of grass channels • Sediment basins and traps are required to achieve 80% efficiency in the removing of suspended solids 7 Temporary and permanent sediment basins for common drainage locations must provide storage for the volume of runoff from the 10 year 24 hour storm Temporary sediment basins within '/2 mile of Lake Wylie Catawba River and Broad River or within 1 000 feet of a perennial stream must provide storage for the volume of runoff from the 25 year 24 hour storm Permanent water quality ponds shall store and release the first inch of runoff from the site over a 24 hour period Additional measures may be enforced if the site discharges to a receiving water on the South Carolina 303(d) list If a TMDL applicable to stormwater construction discharges is established for the water body the stormwater management plan must comply with the South Carolina NPDES General Permit for Storm Water Discharges from Large and Small Construction Activity If a TMDL is not established the stormwater management plan must not all stormwater discharge that will contribute to violations of water quality standards 1� f FW U 3321 Gaston E W Connector Request for compensatory mitigation Page 1 of 2 FW U -3321 Gaston E -W Connector -- Request for compensatory mitigation Lespinasse, Polly Sent Tuesday May 08 2012 3 23 PM To Carrillo Sonia Attachments U 3321 STR RW NCTA pdf (119 KB) From Harmon, Beth Sent Tuesday, January 24, 2012 4 11 PM To Shumate, Christy Cc Harris, Jennifer, Ferrell, Ronald E (Ronald Ferrell @atkinsglobal com), McCrain, Gerald R Gerry mccrain @atkinsglobal com), Lespinasse, Polly, Hair, Sarah E SAW, Fitzpatrick, Linda F Subject RE U 3321 Gaston E W Connector Request for compensatory mitigation Christy Please see the attached mitigation acceptance letter for TIP U 3321 Please let me know if you have any questions or need anything additional from EEP in regards to the mitigation for this project Beth getk Ftorvumow NCADT Coordl,wator DENR ecos�stew. eiAh61wceK&ewt Pror)ram 91.9) 715 -1929 1052 Mail. Service Cev,,ter RaLt�ok NC 27C,99-1052 www wceep wet pease vote tkot vw e -mcl�� address has cYiawged to -F�etk f-tarmow@in,odewr gov E mad eoircsponchnce to and from this address may be subject to the North Carolina Public Records Latiti and may be disclosed to thaid paities From Shumate, Christy Sent Tuesday, January 24, 2012 8 31 AM To Harmon, Beth Cc Harris, Jennifer, Ferrell, Ronald E (Ronald Ferrel l @atkinsglobaI com), McCrain, Gerald R (Jerry mccrain @atkinsglobal com), Lespinasse, Polly, Hair, Sarah E SAW, Fitzpatrick, Linda F Subject U 3321 Gaston E W Connector Request for compensatory mitigation Beth Please see attached letter requesting confirmation of EEP s commitment to provide compensatory mitigation for the subject project If you have any questions please feel free to contact me or Jennifer Harris Thanks Christy Christy Shumate AICP Senior Transportation Planner NCTA General Engineering Consultant https / /mail nc gov /owa/ ?ae= Item &t =IPM Note &id= RgAAAADMSzLcd9W2TJH14 %2bm 5/17/2012 FW U 3321 Gaston E W Connector Request for compensatory mitigation Page 2 of 2 1578 Mall Service Center Raleigh NC 27699 1578 Tel (919) 707 2700 Dir (919) 707 2729 croshumateCa-ncdot gov Email correspondence to and from this sender is subject to the N C Public Records Law and may be disclosed to third parties https //mail nc gov /owa/ ?ae= Item &t =IPM Note &id= RgAAAADMSzLcd9W2TJH14 %2bm 5/17/2012 Ms Jennifer Harris P E Director of Planning and Environmental Studies North Carolina Turnpike Authority 1578 Mail Service Center Raleigh North Carolina 27699 1548 Dear Ms Harris os stem a ee PROGRAM January 24 2012 Subject EEP Mitigation Acceptance Letter U 3321 Gaston East West Connector (Garden Parkway) Gaston and Mecklenburg Counties Reference EEP July 11 2011 Letter of Commitment for Beaverdam Creek Mitigation Site The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will provide the compensatory stream and riparian wetland mitigation for the subject project Based on the information supplied by you on January 23 2012 the impacts are located in CUs 03050101 and 03050102 of the Catawba River basin in the Southern Piedmont (SP) Eco Region and are as follows Impacts / River Basin / CU / Eco region Stream Wetlands Buffer Cold Cool Warm RW NRW CM Zone 1 Zone 2 Impacts —Catawba 03050101 (SP) 15 823 363 15 409 10 169 Impacts — Catawba 03050102 (SP) 4 488 024 0 0 Impacts — Total Project 20,411 387 15 409 10,169 EEP commits to implementing sufficient compensatory stream and riparian wetland mitigation credits to offset the final permitted impacts associated with this project in accordance with the N C Department of Environment and Natural Resources Ecosystem Enhancement Program In Lieu Fee Instrument dated July 28 2010 Also please reference the EEP letter dated July 11 2011 that committed all of the stream mitigation credits associated with the Beaverdam Creek mitigation site towards the stream mitigation needs associated with this project (see attached) If the above referenced impact amounts are revised then this mitigation acceptance letter will no longer be valid and a new mitigation acceptance letter will be required from EEP 1929 If you have any questions or need additional information please contact Ms Beth Harmon at 919 715 Sincerely M1c ae Ellison EEP eputy Director cc Ms Liz Hair USACE — Asheville Regulatory Field Office Mr Brian Wrenn Division of Water Quality Wetlands /401 Unit Ms Polly Lespinasse Division of Water Quality Wetlands /401 Unit — Mooresville Regional Office File U 3321 k torutg EKIWACZ49 Prot" Oar lta t& 'TV OUR North Carolina Ecosystem Enhancement Proaram 1652 Mail Service Center Raleiah NC 27699 1652 / 919 715 0476 / www nceeo net it Mr Steve DeWitt P E Chief Engineer North Carolina Turnpike Authority 1578 Mail Service Center Raleigh North Carolina 27699 1578 Dear Mr DeWitt 0SVS tem a enet PROGRAM July 11 2011 Subject EEP Letter of Commitment U 3321, Gaston East West Connector Gaston and Mecklenburg Counties The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will provide compensatory stream and riparian wetland mitigation for the subject project as needed by the North Carolina Turnpike Authority (NCTA) The total amount of stream and wetland mitigation needed from the EEP has not yet been determined EEP s Beaverdam Creek mitigation project is located adjacent to the project corridor and has been identified as a potential mitigation site for TIP U 3321 EEP commits all stream mitigation assets associated with this mitigation site toward offsetting stream impacts associated with this project The Beaverdam Creek mitigation site is located in Mecklenburg County on the eastern end of the proposed roadway project in HUC 03050101 170040 of the Catawba River basin Currently the project has an estimated 13 534 60 stream mitigation credits (13 014 restoration credits and 520 60 restoration equivalent credits) and is in the fifth year of monitoring EEP commits to implementing sufficient compensatory stream and wetland mitigation credits to offset the impacts associated with this project in accordance with the N C Department of Environment and Natural Resources Ecosystem Enhancement Program In Lieu Fee Instrument dated July 28 2010 as needed by the NCTA To this effect EEP also has available 17 500 stream restoration equivalent High Quality Preservation credits located in the Southern Piedmont Eco region and over 4 000 000 Riparian buffer restoration credits available in Catawba 03050101 for potential use to offset impacts associated with the roadway project If you have any questions or need additional information please contact Ms Beth Harmon at 919 715 1929 Sincerely 1,� 6n— Mich e llison EEP eputy Director cc Ms Liz Hair USACE — Asheville Regulatory Field Office Mr Brian Wrenn Division of Water Quality Wetlands /401 Unit Mr Jerry McCraw PhD CEP PWS Atkins Mr Michael Gloden PWS Atkins Ms Linda Fitzpatrick NCDOT — PDEA File U 3321 kutor Pro our Stag � E� North Carolina Ecosystem Enhancement Program 1652 Mad Service Center Raleigh NC 27699 1652 / 919 715 0476 / www nceep net it I FW Gaston E W Connector (U 3321) Agency Meeting for CP 4B Meeting Minutes Page 1 of 3 FW Gaston E -W Connector (U -3321) - Agency Meeting for CP 4113 - Meeting Minutes Lespinasse, Polly Sent Tuesday May 08 2012 4 01 PM To Carrillo Sonia From Lespinasse, Polly Sent Tuesday, June 21, 2011 12 31 PM To Shumate, Christy Cc Hair, Sarah E SAW, Chambers, Marla J, Marella_Buncick @fws gov Subject RE Gaston E W Connector (U 3321) Agency Meeting for CP 413 Meeting Minutes Christy I have reviewed the draft minutes and have one comment The following statement was included The construction segments may or may not match the permit sections exactly I am not sure what is being conveyed with this statement it seems a little misleading at best and if it is a factual statement it will need to be explained to me why the permit sections will not match the construction segments Maybe I am reading too much into it? Please clarify Thanks From Shumate, Christy Sent Monday, June 20, 2011 10 20 AM To marella_buncick @fws gov, Chambers, Marla J, Gledhill earley, Renee, Hair, Sarah E SAW, Lespinasse Polly, scott c mcclendon @usace army mil, militscher chns @epa gov, amy simes @ncmail net, Wrenn, Brian, Holder, Michael L, Moose, Barry S, Houser, Anthony A, Taylor, Bryan D Cc Harris, Jennifer, Jabyrd @hntb com, Ronald Ferrell (referrell @pbsJ com), George Hoops @dot gov, Pair, Missy, Chang, David S, Clawson, Marshall W, Dewitt, Steve, Jill Gurak, Franklin, Spencer T, Sweitzer, Shannon, Keener, Donna, Rochelle, Rodger D, Scherrer, Elizabeth (Elizabeth Scherrer @atkinsglobal com), progers @hntb com Subject Gaston E W Connector (U 3321) Agency Meeting for CP 4B Meeting Minutes All — Thanks to those who attended the CP 4B meeting for the Gaston E W Connector project (U 3321) on June 9 Attached are draft minutes from that meeting for your review and comment Please provide any comments on the minutes by July 1 2011 Also for those who attended the meeting you have already been contacted about scheduling a field visit to review the requested sites If you were unable to attend the meeting and would like to participate in the field visit please let me know Dates are being considered during the weeks of July 5 and July 11 We will be having a CP 4C meeting on either August 10 or 11 to review final roadway plans and permit drawings for the section of the project from NC 279 (New Hope Road) to the eastern end of the project at 1 485 /West Boulevard (approximately 6 miles) Thanks so much https //mail nc gov /owa/ ?ae= Item &t =IPM Note &id= RgAAAADMSzLcd9W2TJH14 %2bm 5/17/2012 FW Gaston E W Connector (U 3321) Agency Meeting for CP 4B Meeting Minutes Page 2 of 3 Christy Please note my email and phone number have changed croshumate@ncdot gov Phone (919) 707 2729 From Shumate, Christy Sent Wednesday, June 01, 20118 05 AM To Shumate, Christy, marella_bunack @fws gov, Chambers, Marla J, Gledhill earley, Renee, Hair, Sarah E SAW, Lespinasse, Polly, scott c mcclendon @usace army mil, militscher chris @epa gov, amy simes @ncmail net, Wrenn, Brian, Holder, Michael L, Moose, Barry S, Houser, Anthony A, Taylor, Bryan D Cc Harris, Jennifer, jabyrd @hntb com, Ronald Ferrell (referrell @pbsj com), George Hoops @dot gov, Pair, Missy, Chang, David S, Clawson, Marshall W, Dewitt Steve, Jill Gurak, Franklin, Spencer T, Sweitzer, Shannon, Keener, Donna, Rochelle, Rodger D Subject Gaston E W Connector (U 3321) Agency Meeting for CP 4B JUNE 9 @ 2pm Good morning The Gaston E W Connector (U 3321) Agency Meeting for CP 4B has been scheduled for Thursday June 9 at 2 OOpm in the Structure Design Conference Room at the Century Center (see attached agenda) Drawings are ready and will be distributed today in pdf form Hard copies are also available upon request now or will be distributed to everyone at the meeting next week Please let me or Jennifer know if you have any questions Thanks Christy Please note my email and phone number have changed croshumate @ncdot gov Phone 919/707 2729 From Shumate, Christy Sent Thursday, May 26, 20118 30 AM To marella_buncick @fws gov, Chambers, Marla J, renee gledhill early @ncdcr gov, Hair, Sarah E SAW, Lespinasse, Polly, scoff c mcclendon @usace army mil, militcher chris @epa gov, amy simes @ncmail net, Wrenn, Brian, Holder Michael L, Moose, Barry S, Houser, Anthony A, Taylor, Bryan D Cc jhharisl @ncdot gov, jabyrd @hntb com, Ronald Ferrell (referrell @pbsj com), George Hoops @dot gov, Pair, Missy, Chang David S, Clawson, Marshall W, Dewitt, Steve, Jill Gurak, Franklin, Spencer T, Sweitzer, Shannon, Keener Donna Subject Gaston E W Connector (U 3321) Agency Meeting for CP 4B in JUNE Good morning, NCTA is planning for a 4B meeting for the Gaston E W Connector project on the June 8 or 9 Western Agency Meeting date (agenda with time forthcoming) The purpose of this meeting is to present schematic hydraulic plans and get comments on these plans We are preparing final roadway and hydraulic design plans for the section of the project from NC 279 (New Hope Road) to the eastern end of the project at I 485 /West Boulevard (approximately 6 miles) A package of drawings will be provided prior to the meeting We hope to receive comments on these plans and have a 4C meeting in August Please note that this project will ultimately be a design build project and these meetings may need to be revisited once a design build team is selected As a general project update, we are currently working with FHWA to respond to comments received on the Final EIS and issue a Record of Decision by the end of the summer (likely August) We hope to have permit applications ready to submit soon after the 4C meeting and after the ROD is issued We are also keeping a close https //mail nc gov /owa/ ?ae= Item &t =IPM Note &id= RgAAAADMSzLcd9W2TJHI4 %2bm 5/17/2012 FW Gaston E W Connector (U -3321) Agency Meeting for CP 4B Meeting Minutes Page 3 of 3 eye on the state budget proceedings and evaluating how the legislatures funding decisions might affect the project Please make a note on your calendar for these meetings (46 on June 8 or 9 and 4C on August 10 or 11) If you have any questions, please feel free to contact Jennifer or me Thanks, Christy Please note my email and phone number have changed croshumate @ncdot gov Phone 919/707 2729 Email correspondence to and from this sender is subject to the N C Public Records Law and may be disclosed to third parties https //mail nc gov /owa/ ?ae= Item &t =IPM Note &id= RgAAAADMSzLcd9W2TJHI4 %2bm 5/17/2012 I I I FW Gaston E W Connector Meeting Summary Draft FW Gaston E -W Connector Meeting Summary Draft Lespinasse, Polly Sent Tuesday May 08 2012 3 29 PM To Carrillo Sonia Page I of 4 From Wrenn, Brian Sent Thursday, December 01, 2011 1149 AM To Shumate, Christy, Monte Matthews, McLendon, Scott C SAW, Lespinasse, Polly, Hair, Sarah E SAW, George Hoops @dot gov Cc Sweitzer, Shannon, Jill Gurak, Gloden, Michael C (Michael Gloden @atkinsglobal com), Dewitt, Steve, Harris, Jennifer Subject RE Gaston E W Connector Meeting Summary Draft Christy Do you need comments on dust the minutes by Dec 9 or do you need our comments on your responses to the Water Quality analysis as well? Thanks B Brian Wrenn Transportation Permitting Unit Supervisor NC Division of Water Quality brian wrenn@ncdenr gov 585 Waughtown Street Winston Salem NC 27107 2241 336 771 4952 (Winston Salem no ) 336 7714631 (Fax) or 1650 Mail Service Center Raleigh NC 27699 1650 919 807 6365 919 807 6494 (Fax) From Shumate, Christy Sent Tuesday, November 29, 2011 3 48 PM To Wrenn, Brian, Monte Matthews, McLendon, Scott C SAW Lespinasse, Polly, Hair, Sarah E SAW, George Hoops @dot gov Cc Sweitzer, Shannon, Jill Gurak, Gloden, Michael C (Michael Gloden @atkinsglobal com), Dewitt, Steve, Harris, Jennifer Subject Gaston E W Connector Meeting Summary Draft Good afternoon I hope everyone had a good Thanksgiving holiday) Attached is a draft summary of the meeting last week (11/22) to discuss the Gaston E W Connector project Please review and let me know if you have any questions or comments by next Friday December 9 https //mail nc gov /owa/9ae= Item &t =IPM Note &id= RgAAAADMSzLcd9W2TJH14 %2bm 5/17/2012 FW Gaston E W Connector Meeting Summary Draft Page 2 of 4 Also as requested at the meeting you will be receiving an email from Jill Gurak with a link to the revised water quality analysis report for your review If you have any trouble downloading the report or would like a hard copy please let me know Also we would appreciate a response indicating that your comments have been addressed or that you have additional comments Thanks again Christy From Shumate, Christy Sent Tuesday, November 22, 2011 7 42 AM To Harris, Jennifer, Wrenn, Brian, Dewitt, Steve, Monte Matthews, McLendon, Scott C SAW Cc Lespinasse, Polly, Karoly, Cyndi, Sweitzer, Shannon, Jill Gurak Gill gurak@atkinsglobal com), Gloden, Michael C (Michael Gloden @atkinsglobal com) Subject RE Gaston E W Connector Meeting 11/22 @ Elam Good morning For those electing to call in please dial 919 233 7091 Attached are materials to facilitate our discussion • Map showing area of permit level design and design build project limits • DWQ comments on water quality analysis and response letter • Email correspondence with USACE regarding median width and project typical section west of US 321 Please let me know if you have trouble opening any of these files Thanks Christy From Shumate, Christy Sent Monday, November 21, 2011 1106 AM To Harris Jennifer Wrenn Brian Dewitt Steve Monte Matthews Cc Lespinasse Polly Karoly, Cyndi Sweitzer Shannon Subject Gaston E W Connector Meeting 11/22 @ 8am BE Just a reminder about tomorrow morning s meeting to discuss permitting for Gaston E W Connector —11/22 @ 8am in the NCTA Conference R000m on the 6th floor Attached is an agenda of topics that we would like to cover at the meeting Thanks Christy From Harris, Jennifer Sent Wednesday, November 16, 2011 11 20 AM To Wrenn, Brian, Dewitt, Steve, Monte Matthews https //mail nc gov /owa/ ?ae= Item &t =IPM Note &id= RgAAAADMSzLcd9W2TJH14 %2bm 5/17/2012 FW Gaston E W Connector Meeting Summary Draft Page 3 of 4 Cc Lespinasse, Polly, Karoly, Cyndi Sweitzer, Shannon, Shumate, Christy Subject RE Gaston E W connector application Thank you for the email, Brian We look forward to seeing you next week on Tuesday 11/22 at 8 AM in the NCTA Conference Room on the 6th floor of the Highway Building Have a nice day Jennifer Jennifer Hams P E Director of Planning and Environmental Studies NC Turnpike Authority an entity of the NC Department of Transportation Please note changes in address phone and email address 1 South Wilmington Street Raleigh NC 27601 919 7072700 lhharrist @ncdot gov From Wrenn, Brian Sent Wednesday, November 16, 20119 27 AM To Harris, Jennifer, Dewitt, Steve, Monte Matthews Cc Lespinasse, Polly, Karoly, Cyndi Subject Gaston E W connector application Based on recent discussions within our agency NCDWQ will accept the Gaston E W connector 401 application currently proposed by NCTA We would still like to meet on 11/22 to discuss modification coordination once the Design Build team has been chosen This I think can be handled by project team staff from our respective agencies and does not need to include management Of course they are welcome to participate but I sure other commitments will take priority If you have any questions regarding this matter please let me know Thanks Brian PLEASE NOTE THAT MY CONTACT INFORMATION HAS CHANGED Brian Wrenn Transportation Permitting Unit NCDWQ 1650 Mail Service Center Raleigh NC 27699 1650 919 807 6365 (phone) 919 807 6492 (fax) or 585 Waughtown St Winston Salem NC 27107 336 7714952 (phone) 336 7714631 (fax) brian wrenn @ncdenr gov https //mail nc gov /owa/ ?ae= Item &t =IPM Note &id= RgAAAADMSzLcd9W2TJH14 %2bm 5/17/2012 FW Gaston E -W Connector Meeting Summary Draft Page 4 of 4 E mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties Email correspondence to and from this sender is subject to the N C Public Records Law and may be disclosed to third parties https / /mail nc gov /owa/ ?ae= Item &t =IPM Note &id= RgAAAADMSzLcd9W2TJH14 %2bm 5/17/2012 FW U 3321 Gaston Conceptual Mitigation Plan FW U -3321 Gaston Conceptual Mitigation Plan Lespinasse, Polly Sent Tuesday May 08 2012 3 28 PM To Carrillo Sonia From Wrenn, Brian Sent Friday, March 02, 2012 1 41 PM To Lespinasse, Polly Subject RE U 3321 Gaston Conceptual Mitigation Plan Page 1 of 5 I understand Chris concerns regarding preservation I guess the thing that concerns me the most is throughout this project we have been asking NCTA to find onsite /local projects for mitigation They have actually done that and now we re saying sorry not good enough It seems Ike we re asking them to hit a moving target For streams our rules do not speak to any requirements for restoration over preservation It s really a permit decision on what you think is best on site with a preservation component or off site restoration that may be outside of the local area of the impacts I agree with your statement about keeping the mitigation close to the impacts The projects Chris was referring to in regards to road projects impacting mitigation sites were a mix preservation and restoration /enhancement sites with third party management It s troubling that this has become a little more common but I think we should deal with that as a separate issue That seems a discussion for alternatives analyses or better environmental features mapping Let me know if you need anything else 13 Brian Wrenn Transportation Permitting Unit Supervisor NC Division of Water Quality brian wrenn @ncdenr gov 585 Waughtown Street Winston Salem NC 27107 2241 336 7714952 (Winston Salem no ) 336 771 4631 (Fax) or 1650 Mail Service Center Raleigh NC 27699 1650 919 807 6365 919 807 6494 (Fax) From Lespinasse, Polly Sent Friday, March 02, 2012 10 46 AM To Wrenn, Brian Subject Fwd U 3321 Gaston Conceptual Mitigation Plan https //mail nc gov /owa/ ?ae= Item &t =IPM Note &id= RgAAAADMSzLcd9W2TJHI4 %2bm 5/17/2012 FW U 3321 Gaston Conceptual Mitigation Plan Page 2 of 5 Any thoughts9 Sent from my iPhone Begin forwarded message From Chris Militscher <Milrtscher Chris@epamail epa gov> Date March 2 2012 10 25 18 AM EST To ' Lespmasse, Polly' < polly lespinasse@a ncdenr gov> Cc < mueller heinzg epa gov> Hair Sarah E SAW < Sarah E Hair@a usace army mil >, < ag rnett,effrey@epa gov> < derby Jennifer&pa gov >, <fox rebeccanepa gov> Scott McLendon < Scott C McLendon a USACE Army Mil> Subject RE U -3321 Gaston Conceptual Mitigation Plan Polly Regarding restoration vs preservation, again a project specific issue for EPA s 404 program Approximately 1/3 of the almost 7 miles of direct stream impacts are to 303(d) listed impaired waters I professionally don t believe that the Anti degradation policy in the CWA can be met with preserving nice streams that are not under the current threat of development impacts except for the highway projects direct impacts and ICE Kathy Matthews during her several years involved with this project did not believe that a large preservation component to the mitigation plan would be acceptable for Gaston I deferred to her expertise in this matter I am sharing our discussion with EPA s 404 program as this very significant Regional issue will need to be coordinated through them now that FHWA has issued the ROD Please let me know Brian s thoughts on the matter Thanks again Lespmasse, Polly <polly lespinasse @ncdenr gov> wrote To Chris Militscher /R4 /USEPA /US @EPA From Lespmasse, Polly < polly lespinasse @ncdenr gov> Date 03/02/2012 10 03AM Cc Hair, Sarah E SAW <Sarah E Hair @usace army mil >, Heinz Mueller /R4 /USEPA /US @EPA, Jeffrey Ga rnett/R4/USEPA/US@ EPA, Jennifer Derby /R4 /USEPA /US @EPA Subject RE U 3321 Gaston Conceptual Mitigation Plan Good information Chris I haven t had any of these issues come up in my region before I will try to touch base with Brian and see if he has any ideas I think it is appropriate to express your concerns in to NCTA /DOT Do you think providing restoration instead of preservation makes any difference when it comes to new location or improvement projects? Polly Lespmasse Polly Lespmasse @ncdenr gov Environmental Senior Specialist North Carolina Dept of Environment & Natural Resources Div of Water Quality 610E Center Ave Suite 301 Mooresville NC 28115 Ph 704 235 2190 Fax 704 663 6040 E mail correspondence to and from this address may be subject to the North Carolina https / /mail nc gov /owa/ ?ae= Item &t =IPM Note &id= RgAAAADMSzLcd9W2TJHI4 %2bm 5/17/2012 FW U 3321 Gaston Conceptual Mitigation Plan Page 3 of 5 Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation From Chris Militscher [Militscher Chris@epamail epa gov] Sent Friday March 02, 2012 9 59 AM To Lespinasse, Polly Cc Hair, Sarah E SAW, mueller heinz @epa gov, garnett Jeffrey a epa gov, derby Jennifer @epa gov Subject RE U 3321 Gaston Conceptual Mitigation Plan Polly In some cases I am all for preservation and turning over the property to third parties for conservancy agreements as part of a comprehensive mitigation plan Unfortunately, these agreements do not really seem to change NCDOT/FHWA s emminent domain authority when it comes to future road projects Case in point is the Needmore Tract, which NCDOT helped fund in addition to Clean Water Act Trust funds and USFWS funds, and turned over to the NCWRC As currently proposed by NCDOT, a small part of the NCWRC s Needmore Tract along the Little Tennessee River will be impacted under their preferred alternative for R 4440 In the eastern part of the State, same thing on several other recent bypass projects impacts to past mitigation /preservation properties (with conservation agreements) that NCDOT used to offset direct impacts from past highway projects As Kathy Matthews used to remind me, preservation only really works when the properties are under a current threat from private development One of the unstated, underlying purposes of the Gaston E W Connector is to provide additional access for future development (their ICE predicts lots and lots of future development, especially around the interchanges) There is very little current development going on in southern Gaston County That will very quickly change with the new highway I am still reviewing their mitigation plan I will discuss with Heinz and EPA s 404 office on whether we will provide written comments on their mitigation plan and final WQA As of today, I understand that their ROD has been issued by FHWA so our written comments under NEPA may be moot Thanks, and III continue to coordinate with you and Liz on EPA Region 4 s approach Lespinasse, Polly <polly Iespinasse@)ncdenr gov> wrote To Chris Militscher /R4 /USEPA /US @EPA From Lespinasse Polly < polly IespinasseCa ncdenr gov> Date 03/02/2012 09 21AM Cc Hair, Sarah E SAW <Sarah E HairCcbusace army mil> Subject RE U -3321 Gaston Conceptual Mitigation Plan Chris, I have reviewed the conceptual mitigation plan I understand your concerns and after a discussion with a DOT PDEA person yesterday, it does seem like maybe preservation doesn t mean the same thing to everyone On the other hand, I feel like trying to provide some on site opportunities in Gaston County is important I would rather get preservation of good streams in Gaston County than restoration in Burke County given the watershed problems in this area I don t want to discourage DOT from continuing to look at these opportunities and surprisingly, there are many willing landowners (at least preliminarily), but I haven t been to any of these sites, so I am not sure whether we would agree to preservation anyway My understanding is that DOT either typically buys the property or puts a very restrictive easement on it limiting what the https //mail nc gov /owa/ ?ae= Item &t =IPM Note &id= RgAAAADMSzLcd9W2TJHI4 %2bm 5/17/2012 FW U 3321 Gaston Conceptual Mitigation Plan Page 4 of 5 property owner can do In those cases where they buy the property, what are your thoughts on asking them to turn it over to some sort of conservancy such as the Catawba Lands Conservancy, in this case? This might help better identify the property when future projects come on line and potentially direct new road locations to other areas I don t know if DWQ or the ACOE can require such a thing but it might be worth talking about? Let me know your thoughts Thanks and have a good weekend' Polly Lespinasse Polly Lespinasse @ncdenr gov Environmental Senior Specialist North Carolina Dept of Environment & Natural Resources Div of Water Quality 610 E Center Ave Suite 301 Mooresville NC 28115 Ph 704 235 2190 Fax 704 663 6040 E mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation From Chris Militscher [Militscher Chris @epamail epa gov] Sent Friday, February 24, 2012 11 52 AM To Lespinasse, Polly Cc Hair, Sarah E SAW Subject RE U 3321 Gaston Conceptual Mitigation Plan Polly Yes On the initial look, full restoration /enhancement mitigation values for the direct loss of streams is not proposed Glad to see the Golf site and Beaverdam Creek but they still appear to fall short of compensatory mitigation Preservation in lieu of restoration /enhancement is not something that EPA is currently prepared to accept considering the magnitude of impacts to 303(d) listed systems in the project study area Preservation is also hard for me to accept as I currently have another Eastern project where the Lead Federal Agency and NCDOT have a preferred alternative that impacts existing mitigation sites that were purchased and preserved to mitigate for the US 17 /Wilmington Bypass /I 140 project Actually, there is a second Eastern project where another preservation tract is being potentially impacted by I am dust starting the review on that DEIS I have other projects where NCDOTare potentially impacting National Wildlife Refuges and U S National Forests (even they are not safe ) Preservation (on site particularly) does not really seem to be working so good I would appreciate your thoughts Thanks https //mail nc gov /owa/ ?ae= Item &t =IPM Note &id= RgAAAADMSzLcd9W2TJHI4 %2bm 5/17/2012 FW U 3321 Gaston Conceptual Mitigation Plan Lespinasse, Polly <polly IespmasseCcbncdenr gov> wrote Chris Militscher /R4 /USEPA /US @EPA >m Lespinasse, Polly <polly lespinasse @ncdenr gov> to 02/24/201211 33AM Hair, Sarah E SAW < Sarah E Hair(d)usace army mil> bject RE U 3321 Gaston Conceptual Mitigation Plan ris I forgot they even sent it - I have been wrapped up in some other issues I will try to take a look at it next week and get you some thoughts Is there something specific that is problematic for you' Thanks M Polly Lespinasse - Polly Lespinasse @ncdenr gov Environmental Senior Specialist North Carolina Dept of Environment & Natural Resources Div of Water Quality 610 E Center Ave Suite 301 Mooresville NC 28115 Ph 704 235 2190 Fax 704 663 6040 Page 5 of 5 E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation From Chris Militscher [Militscher Chris @epamail epa gov] Sent Thursday February 23 2012 2 33 PM To Lespinasse Polly Cc Wrenn Brian Hair Sarah E SAW Subject U -3321 Gaston Conceptual Mitigation Plan Polly Have you completed your review of the Gaston Conceptual Mitigation Plan's I dust received the CD & started my review and it appears that they are proposing the EEP s Beaverdam Creek site in Mecklenburg County and the NCDOT s Linwood Springs Golf Course site The balance of mitigation for the direct impacts appears to be oreservation The on -site preservation opportunities may provide up to 40 065 linear feet of stream and 8 3 acres of wetland resulting in 8 013 stream mitigation units and 1 7 wetland mitigation units I would appreciate NCDWQ s comments on the plan if you have had a chance to review it I plan to provide written comments to NCTA & FHWA thru Heinz on this report as well as their final Water Quality Analysis We will copy you as well as other Merger team representatives Thanks Christopher A Militscher REM CHMM 919 - 856 -4206 or 404 - 562 -9512 https //mail nc gov /owa/ ?ae= Item &t =IPM Note &id= RgAAAADMSzLcd9W2TJH14 %2bm 5/17/2012 FW NCGA proposal FW NCGA proposal Lespinasse, Polly Sent Tuesday May 08 2012 3 28 PM To Carrillo Sonia From Wrenn, Brian Sent Friday, April 20, 2012 2 38 PM To Lespinasse, Polly Subject RE NCGA proposal Page 1 of 5 The design of the psh should be so it provides diffuse flow If the velocities exiting the structure are greater than 2 f/s then I would question the design as diffuse flow I ve always assumed the psh has non erosive velocities but never asked the question The flow to the psh can be >2cfs but it should be designed to provide the appropriate velocities Brian Wrenn Transportation Permitting Unit Supervisor NC Division of Water Quality brian wrenn @ncdenr gov 585 Waughtown Street Winston Salem NC 27107 2241 336 7714952 (Winston Salem no ) 336 771 4631 (Fax) or 1650 Mail Service Center Raleigh NC 27699 1650 919 807 6365 919 807 6494 (Fax) From Lespmasse, Polly Sent Friday April 20, 2012 2 31 PM To Wrenn Brian Subject Re NCGA proposal Yes Catawba So as long as there is a PSH the discharge out of the PSH doesn t have to be less than 2 f /s? Sent from my iPhone On Apr 20 2012 at 2 27 PM Wrenn Brian < brian wrenn @ncdenr gov> wrote We talking about diffuse flow requirements for Catawba buffers? They have to provide diffuse flow (psh is a diffuse flow measure) outside of buffer or they have to provide treatment and discharge at non erosive velocities to the stream Brian Wrenn Transportation Permitting Unit Supervisor https / /mall nc gov /owa/ ?ae= Item &t =IPM Note &1d= RgAAAADMSzLcd9W2TJH14 %2bm 5/17/2012 FW NCGA proposal NC Division of Water Quality brian wrenn @ncdenr gov 585 Waughtown Street Winston Salem NC 27107 2241 336 771 4952 (Winston Salem no ) 336 771 4631 (Fax) or 1650 Mail Service Center Raleigh NC 27699 1650 919 807 6365 919 807 6494 (Fax) From Lespinasse, Polly Sent Friday, April 20, 2012 2 20 PM To Wrenn, Brian Subject Re NCGA proposal So there is no pass it has to be 2 f/s correct? Sent from my iPhone On Apr 20 2012 at 2 12 PM Wrenn Brian < brian wrenn @ncdenr gov> wrote They should be able to get you the outlet velocities pretty easily Brian Wrenn Transportation Permitting Unit Supervisor NC Division of Water Quality brian wrenn @ncdenr gov 585 Waughtown Street Winston Salem NC 27107 2241 336 771 4952 (Winston Salem no ) 336 7714631 (Fax) or 1650 Mail Service Center Raleigh NC 27699 1650 919 807 6365 919 807 6494 (Fax) From Lespinasse, Polly Sent Friday, April 20, 2012 2 08 PM To Wrenn, Brian Subject Re NCGA proposal Everything was provided in cfs Page 2 of 5 https / /mail nc gov /owa/ ?ae= Item &t =IPM Note &id= RgAAAADMSzLcd9W2TJH14 %2bm 5/17/2012 FW NCGA proposal Page 3 of 5 Sent from my iPhone On Apr 20 2012 at 2 05 PM Wrenn Brian < brian wrenn @ncdenr gov> wrote The psh is supposed to be a diffuse flow measure so non erosive velocities are supposed to be inherent in their design Is it 2 f/s or 2 cfs? Non erosive velocities is 2 f/s Brian Wrenn Transportation Permitting Unit Supervisor NC Division of Water Quality brian wrenn @ncdenr gov 585 Waughtown Street Winston Salem NC 27107 2241 336 7714952 (Winston Salem no ) 336 771 4631 (Fax) or 1650 Mail Service Center Raleigh NC 27699 1650 919 807 6365 919 807 6494 (Fax) From Lespinasse, Polly Sent Friday, April 20, 2012 2 03 PM To Wrenn, Brian Subject Re NCGA proposal I am reviewing the Gaston Turnpike application Looks like all the PSI-Is at the edge of the buffer are discharging at velocities greater than 2 cfs Do they get a pass? Sent from my iPhone On Apr 20 2012 at 1101 AM Wrenn Brian < brian wrenn @ncdenr gov> wrote Good times Brian Wrenn Transportation Permitting Unit Supervisor NC Division of Water Quality brian wrenn @ncdenr gov 585 Waughtown Street Winston Salem NC 27107 2241 336 771 4952 (Winston Salem no ) 336 771 4631 (Fax) https //mail nc gov /owa/ ?ae= Item &t =IPM Note &id= RgAAAADMSzLcd9W2TJHI4 %2bm 5/17/2012 FW NCGA proposal Page 4 of 5 or 1650 Mail Service Center Raleigh NC 27699 1650 919 807 6365 919 807 6494 (Fax) From Lespinasse, Polly Sent Friday, April 20, 2012 1101 AM To Wrenn, Brian Subject Re NCGA proposal Looks like its going to be fun for you right up to your last day Sent from my iPhone On Apr 20 2012 at 10 34 AM Wrenn Brian < brian wrenn @ ncdenr gov> wrote I want you to hear this from me rather than the rumor mill Some members of the General Assembly are considering a proposal to delegate to DOT the 401 program for DOT projects I don t have specifics on who is proposing this or on the details of the proposal This has obvious implications on us as a staff and the up coming contracts We are developing some responses to this and getting input from EPA and the Corps I will keep you posted on any updates I get If you have any questions let me know F:3 Brian Wrenn Transportation Permitting Unit Supervisor NC Division of Water Quality brian wrenn @ncdenr gov 585 Waughtown Street Winston Salem NC 27107 2241 336 7714952 (Winston Salem no ) 336 7714631 (Fax) or 1650 Mail Service Center Raleigh NC 27699 1650 919 807 6365 919 807 6494 (Fax) https / /mail nc gov /owa/ ?ae= Item &t =IPM Note &id= RgAAAADMSzLcd9W2TJH14 %2bm 5/17/2012 FW NCGA proposal Page 5 of 5 https //mail nc gov /owa/ ?ae= Item &t =IPM Note &id= RgAAAADMSzLcd9W2TJHI4 %2bm 5/17/2012 �I FW Gaston E W Connector (U 3321) Agency Meeting for CP 4C August 11 @ 9am Page 1 of 2 i FW Gaston E -W Connector (U -3321) - Agency Meeting for CP 4C - August 11 @9am Lespinasse, Polly Sent Tuesday May 08 2012 3 31 PM To Carrillo Sonia From Wrenn, Brian Sent Monday, August 01, 20119 49 AM To Lespinasse, Polly Subject RE Gaston E W Connector (U 3321) 111 plan on being there Thanks for the heads up Brian Wrenn Transportation Permitting Unit Supervisor NC Division of Water Quality brian wrenn @ncdenr gov 585 Waughtown Street Winston Salem NC 27107 2241 336 7714952 (Winston Salem no ) 336 7714631 (Fax) or 1650 Mail Service Center Raleigh NC 27699 1650 919 807 6365 919 807 6494 (Fax) From Lespinasse, Polly Sent Monday, July 25, 2011 1 30 PM To Wrenn, Brian Subject FW Gaston E W Connector (U 3321) Brian Agency Meeting for CP 4C August 11 @ 9am Agency Meeting for CP 4C August it @ 9am Didn t know if you wanted to attend this and discuss the phased permitting they are proposing This is the 4C meeting so if you want to discuss it this is probably a good time Thanks From Shumate, Christy Sent Monday, July 25, 2011 1 13 PM To marella_buncick @fws gov, Chambers, Marla J, Gledhill earley, Renee, Hair, Sarah E SAW, Lespinasse, Polly, McLendon, Scott C SAW, militscher chris @epa gov, Wrenn, Brian, Holder, Michael L, Moose, Barry S, Houser, Anthony A, Taylor, Bryan D, Matthews Monte K SAW Cc Harris, Jennifer, jabyrd @hntb com , Ronald Ferrell (referrell @pbsj com) , George Hoops @dot gov , Chang, David S, Clawson, Marshall W, Dewitt, Steve, Jill Gurak, Franklin, Spencer T, Sweitzer, Shannon, Keener, Donna, https / /mail nc gov /owa/ ?ae= Item &t =IPM Note &id= RgAAAADMSzLcd9W2TJH14 %2bm 5/17/2012 111 I FW Gaston E W Connector (U 3321) Agency Meeting for CP 4C August 11 @ 9am Page 2 of 2 Rochelle, Rodger D, Bass, Kiersten R, progers @hntb corn Subject Gaston E W Connector (U 3321) Agency Meeting for CP 4C August 11 @ 9am Good afternoon The Gaston E W Connector (U 3321) Agency Meeting for CP 4C has been scheduled for Thursday August 11 at 9 00am in the Structure Design Conference Room at the Century Center (see attached agenda) Final minutes from the CP 4B meeting (June 9 2011) as well as a draft summary of the July 15 follow up field visit are attached Draft permit drawings will be distributed in advance of the meeting Please let me or Jennifer know if you have any questions Thanksl Christy Please note my email and phone number have changed croshumate @ncdot gov Phone 919/707 2729 Email correspondence to and from this sender is subject to the N C Public Records Lain and may be disclosed to third parties https //mail nc gov /owa/ ?ae= Item &t =IPM Note &id= RgAAAADMSzLcd9W2TJH14 %2bm 5/17/2012 FW Gaston E W Connector (U 3321) Agency Meeting for CP 4B Meeting Minutes Page 1 of 4 FW Gaston E -W Connector (U -3321) - Agency Meeting for CP 4B - Meeting Minutes Lespinasse, Polly Sent Tuesday May 08 2012 3 26 PM To Carrillo Sonia From Shumate, Christy Sent Thursday, June 23, 20118 35 AM To Lespinasse, Polly Cc Hair, Sarah E SAW, Chambers, Marla J, Marella_Buncick @fws gov, Harris, Jennifer, jabyrd @hntb com, Jill Gurak, Bass, David W (David Bass @atkinsglobal com), George Hoops @dot gov Subject RE Gaston E W Connector (U 3321) Agency Meeting for CP 4B Meeting Minutes Polly No final decisions have been made of the design build contracting for this project and how /if to split the project up Initially four STIP numbers had been assigned for contracting purposes • U 3321AA This project extends from 1 85 west of Gastonia to US 321 for a distance of approximately 5 9 miles The project includes construction of a two lane two way facility constructed on one side of the ultimate four lane divided freeway Design right of way acquisition and utility relocation will accommodate the ultimate four lane divided facility • U 3321B This project includes the design right of way acquisition utility relocation and construction of a four lane divided freeway facility that extends from US 321 to a point just west of SR 2428 (Wilson Farm Road) in Gaston County and is approximately 5 5 miles long • U 3321C This project includes the construction of a four lane divided freeway that extends from a point dust west of SR 2428 (Wilson Farm Road) in Gaston County to 1-485 near the Charlotte Douglas International Airport in Mecklenburg County and is approximately 9 5 miles long • U 3321 DA This project includes the design and construction of certain ITS devices for the entire length of the Garden Parkway (U 3321AA U 3321 B and U 3321 C) At the time the plan was to have two separate design build contracts — one that included U 3321AA and U 33218 and a second that included U 3321C and U 3321DA However because of the delay in getting started on the design build process and the budget constraints they are taking another look at how to split the project up The section that we are preparing hydraulic designs and permit drawings for (NC 279 to 1 485) is a subset of U 3321C We determined what section to use for permitting prior to any decisions on the design build contracting Our decision was based on traffic projections locations of jurisdictional resources and what we thought would be a logical first section for construction However once the construction segments noted above were proposed we determined that it would not be cost effective for us to prepare a permit application for the entire U 3321C section which would be an additional 3 5 miles This is because it is likely that the design build team will want to revise our design to optimize their costs We will likely limit the number of mayor permit modifications for the project dust as we did on Monroe I expect we will tell the design build team(s) that they can do one mayor modification for U 3321C and a second for U 3321AA & U 33218 We will keep everyone updated as decisions are made with regards to the design build contract(s) https //mail nc gov /owa/ ?ae= Item &t =IPM Note &id= RgAAAADMSzLcd9W2TJH14 %2bm 5/17/2012 FW Gaston E W Connector (U -3321) Agency Meeting for CP 4B Meeting Minutes Page 2 of 4 Thanksi Christy Please note my email and phone number have changed croshumateAncdot gov Phone (919) 707 2729 From Lespinasse, Polly Sent Tuesday, June 21, 2011 12 31 PM To Shumate, Christy Cc Hair, Sarah E SAW, Chambers, Marla J, Marella— Buncick @fws gov Subject RE Gaston E W Connector (U 3321) Agency Meeting for CP 4B Meeting Minutes Christy I have reviewed the draft minutes and have one comment The following statement was included The construction segments may or may not match the permit sections exactly I am not sure what is being conveyed with this statement It seems a little misleading at best and if it is a factual statement it will need to be explained to me why the permit sections will not match the construction segments Maybe I am reading too much into it? Please clarify Thanks From Shumate, Christy Sent Monday, June 20, 2011 10 20 AM To marella— buncick @fws gov, Chambers, Marla J, Gledhill earley, Renee, Hair, Sarah E SAW, Lespinasse Polly, Scott c mcclendon @usace army mil, militscher chris @epa gov, amy simes @ncmail net, Wrenn, Brian, Holder, Michael L, Moose, Barry S, Houser, Anthony A, Taylor, Bryan D Cc Harris, Jennifer, Jabyrd @hntb com Ronald Ferrell (referrell @pbsJ com) George Hoops @dot gov, Pair, Missy, Chang, David S, Clawson, Marshall W, Dewitt, Steve, Jill Gurak, Franklin, Spencer T, Sweitzer, Shannon, Keener, Donna, Rochelle, Rodger D, Scherrer, Elizabeth (Elizabeth Scherrer@atkinsglobal com), progers @hntb com Subject Gaston E W Connector (U 3321) Agency Meeting for CP 4B Meeting Minutes All — Thanks to those who attended the CP 413 meeting for the Gaston E W Connector project (U 3321) on June 9 Attached are draft minutes from that meeting for your review and comment Please provide any comments on the minutes by July 1 2011 Also for those who attended the meeting you have already been contacted about scheduling a field visit to review the requested sites If you were unable to attend the meeting and would like to participate in the field visit please let me know Dates are being considered during the weeks of July 5 and July 11 We will be having a CP 4C meeting on either August 10 or 11 to review final roadway plans and permit drawings for the section of the project from NC 279 (New Hope Road) to the eastern end of the project at 1 485 /West Boulevard (approximately 6 miles) Thanks so much Christy https //mail nc gov /owa/ ?ae= Item &t =IPM Note &id= RgAAAADMSzLcd9W2TJHI4 %2bm 5/17/2012 FW Gaston E W Connector (U 3321) Agency Meeting for CP 4B Meeting Minutes Page 3 of 4 Please note my email and phone number have changed croshumateOncdot gov Phone (919) 707 2729 From Shumate, Christy Sent Wednesday, June 01, 20118 05 AM To Shumate, Christy, marella_buncick @fws gov, Chambers, Marla J, Gledhill earley, Renee, Hair, Sarah E SAW, Lespmasse, Polly, scott c mcclendon @usace army mil, militscher chris @epa gov, amy simes @ncmail net, Wrenn, Brian, Holder, Michael L, Moose, Barry S, Houser, Anthony A, Taylor, Bryan D Cc Harris, Jennifer, jabyrd @hntb com, Ronald Ferrell (referrell @pbsj com), George Hoops @dot gov, Pair, Missy, Chang, David S, Clawson, Marshall W, Dewitt, Steve, Jill Gurak, Franklin, Spencer T, Sweitzer, Shannon, Keener, Donna, Rochelle, Rodger D Subject Gaston E W Connector (U 3321) Agency Meeting for CP 4B JUNE 9 @ 2pm Good morning The Gaston E W Connector (U 3321) Agency Meeting for CP 4B has been scheduled for Thursday June 9 at 2 OOpm in the Structure Design Conference Room at the Century Center (see attached agenda) Drawings are ready and will be distributed today in pdf form Hard copies are also available upon request now or will be distributed to everyone at the meeting next week Please let me or Jennifer know if you have any questions Thanks Christy Please note my email and phone number have changed croshumate@ncdot gov Phone 919/707 2729 From Shumate, Christy Sent Thursday, May 26, 20118 30 AM To marella_buncick @fws gov, Chambers, Marla J, renee gledhill early @ncdcr gov, Hair, Sarah E SAW, Lespinasse, Polly, scott c mcclendon @usace army mil, militcher chris @epa gov, amy simes @ncmail net, Wrenn, Brian, Holder, Michael L, Moose, Barry S, Houser, Anthony A, Taylor, Bryan D Cc jhhansi @ncdot gov, jabyrd @hntb com, Ronald Ferrell (referrell @pbsj com), George Hoops @dot gov, Pair, Missy Chang David S Clawson, Marshall W, Dewitt, Steve, Jill Gurak, Franklin, Spencer T Sweitzer Shannon Keener Donna Subject Gaston E W Connector (U 3321) Agency Meeting for CP 4B in JUNE Good morning, NCTA is planning for a 4B meeting for the Gaston E W Connector project on the June 8 or 9 Western Agency Meeting date (agenda with time forthcoming) The purpose of this meeting is to present schematic hydraulic plans and get comments on these plans We are preparing final roadway and hydraulic design plans for the section of the project from NC 279 (New Hope Road) to the eastern end of the project at I 485 /West Boulevard (approximately 6 miles) A package of drawings will be provided prior to the meeting We hope to receive comments on these plans and have a 4C meeting in August Please note that this project will ultimately be a design build project and these meetings may need to be revisited once a design build team is selected As a general project update, we are currently working with FHWA to respond to comments received on the Final EIS and issue a Record of Decision by the end of the summer (likely August) We hope to have permit applications ready to submit soon after the 4C meeting and after the ROD is issued We are also keeping a close eye on the state budget proceedings and evaluating how the legislatures funding decisions might affect the https //mail nc gov /owa/ ?ae= Item &t =IPM Note &id= RgAAAADMSzLcd9W2TJHI4 %2bm 5/17/2012 FW Gaston E W Connector (U 3321) Agency Meeting for CP 4B Meeting Minutes Page 4 of 4 I project Please make a note on your calendar for these meetings (413 on June 8 or 9 and 4C on August 10 or 11) If you have any questions, please feel free to contact Jennifer or me Thanks, Christy Please note my email and phone number have changed croshumate(&ncdot gov Phone 919/707 2729 Email correspondence to and from this sender is subject to the N C Public Records Law and may be disclosed to third parties https //mail nc gov /owa/9ae= Item &t =IPM Note &id= RgAAAADMSzLcd9W2TJHI4 %2bm 5/17/2012