20071147 Ver 1_Application_20070702

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STATE OF NORTH CAROLINA
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DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY DIVISION OF HIGHWAYS W. LYNDO TIPPETT
GOVERNOR June 25, 2007 SECRETARY
North Carolina Division of Water Quality /~ ~]
401 Wetlands Certification Unit O 711 `~ •
2321 Crabtree Boulevard
Raleigh, NC 27604-2260
Subject: Pipe Replacement Project on SR 1346 (Hemby Road), Union County.
WBS Element Number lOB.209011 (DWQ Minor Permit Fee $200.00).
Dear Sir or Madam:
The North Carolina Department of Transportation (NCDOT) has been recently requested to add a
turn lane near the entrance of a new single family subdivision that is being constructed on SR
1346 (Hemby Road) in Union County. A sight investigation revealed that the existing 84-inch by
40-foot long corrugated metal pipe has been compromised due to east.
NCDOT proposes to replace the existing corrugated metal pipe with a 112-inch by 75-inch by
70-foot long corrugated metal pipe (arched). The additional pipe length is needed in order to
accommodate a turn lane and establish stable shoulder slopes.
This project is located on an unnamed tributary to Sixmile Creek in the Yadkin River Basin
(Hydrologic Unit 03040105). A freshwater mussel survey was performed in Sixmile Creek on
May 1 1, 2006 approximately 0.70 of a mile downstream from the Hemby Road crossing (mussel
survey was completed for the U-2510A TIP -see attached). There have been no federally listed
plant species identified within the project area. The NCDOT believes that this project can be
constructed with no effect on any listed plant or animal species.
The purpose of this letter is to request authorization to construct the proposed project under a
Section 401 Water Quality Certification (WQC) No. 3627. If you have any questions or need any
additional information concerning this project, please fee free to contact Mr. Larry Thompson,
Division Environmental Supervisor, at [phone].
Sincerely,
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Barry S. Moose, P. E.
Division Engineer
716 West Main Street, Albemarle, NC 28001 • [phone] . Fax [phone]
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CC: Polly Lespinasse, NCDWQ
Marella Buncick, USFWS
Marla Chambers, NCWRC
Garland Haywood, BME
Larry Thompson, DES
Area Field Operations Unit
File

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STATE OF NORTH CAROLINA
DEPART~~ENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
May 11, 2006
Memorandum to: Wayne Jacas, Project Development Engineer
Eastern Region, PDEA
From: Karen M. Lynch, Environmental Supervisor
Natural Environment Unit, Biological Surveys Group
LYNDO TIPPETT
SECRETARY
Subject: Freshwater mussel survey report for proposed widening of NC 16 (Old
Providence Road) from South of SR 2948 in Union Co. to south of I-
485 in Mecklenburg Co; TIP # U-2510A.
Reference: Freshwater Mussel Survey, NC 16 over Six Mile Creek, dated
September 2, 2004 by the Catena Group.
Endangered Species Concurrence letter for U-2510A, dated
November 17, 2005 from Brian Cole, USFWS.
The North Carolina Department of Transportation (NCDOT) proposes to widen
NC 16 as described above. NC Highway 16 crosses Six Mile Creek, which is located in
the Catawba River Basin. Concurrence (may affect- not likely to adversely affect) for this
project was initially issued by the US Fish and Wildlife Service (USFWS) on November
17, 2005. After the recent discovery (March 2006) of Carolina heelsplitter (Lasmigona
decorata) in Six Mile Creek on the NC/SC line, approximately 5-6 miles downstream of
the project site, USFWS requested a re-survey to insure that Carolina heelsplitters were
not present at the project site. A map of the project site is included.
The Carolina Heelsplitter is listed by USFWS as occumng in both Union and
Mecklenburg Counties (USFWS list of March 8, 2006). The NC Natural Heritage
Program (NCNHP) database (May 2006) does not list any records of rare mussels within
the proposed project study area.
A mussel survey was conducted on Six Mile Creek on April 18, 2006 by Karen M.
Lynch (Permit No. NC-2006ES 165) and Logan Williams (Permit No. NC-2006ES 166).
Mussel surveys were conducted from a point approximately 400 meters downstream of
the project crossing to a point 100 meters upstream. Visual (batiscope) and tactile
methods were used to survey for mussels. Six Mile Creek is 3 - 4 meters wide with fairly
stable banks throughout most of the surveyed reach. Near the road crossing, however,
stream banks are eroded. The habitat present at this site is not typical for heelsplitter
MAILING ADDRESS: TELEPHONE: [phone] or LOCATION:
NC DEPARTMENT OF TRANSPORTATION 919-715-1335 PARKER LINCOLN BUILDING
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS
NATURAL ENVIRONMENT UNIT
1598 MAIL SERVICE CENTER
RALEIGH NC 27699-1598
FAX: [phone]
tNEBSITE: WYtM!NCDOT.ORG
2728 CAPITAL BLVD. SUITE 240
RALEIGFI Nc 27604

habitat. Approximately six miles downstream where heelsplitters were recently
discovered, habitat was more typical for this species with bedrock and crevices running
perpendicular to flow. Land use adjacent to this stream crossing consisted of suburban
homesites, sewerline easement, powerline corridor and forested woodland.
Mussels were identified, counted and returned to the substrate. Forms of Elliptio
complanata and E. icterina were collectively called Elliptio spp. because they exhibit
many intergrades between the two distinctive forms of Elliptio. A total of 459 elliptio
mussels (Elliptio spp.) were collected along with 2 mussels of eastern creekshell (Vidlosa
delumbis) in the four-person hour survey. Mussels were most abundant from a point 400
m downstream to 100 m downstream where creek banks were stable. Similar results were
found by the Catena Group when they conducted a survey for this project on August 19,
2004.
cc: Jeff Hemphill, Environmental Specialist, NEPMG
Marella Buncick, USFWS Asheville Office
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Six Mile Creek in Mecklenburg and Union Counties

SR 1346 (Hemby Road)
Union County
Office Use Only: Form version March 05
2 0 0 7 1 1 4 7
USACE Action ID No. DWQ No.
fTf anv particular item is not applicable to this nreiect please enter "Not ADnliCable" or "N1A".)
XV. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Numbers} Requested: Nationwide 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
XV. Applicant Information
2.
Owner/Applicant Information
Name: N.C. Department of Transportation
Mailing Address: l0a' Hiahwa~ Division
716 West Main Street
Albemarle N.C. 28001
Telephone Number:~704) 982-0101 Fax Number: [phone]
E-mail Address:
Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Barr~+ Moose
Company Affiliation: N.C. Department of Transportation
Mailing Address: 10~' Highway Division
716 West Main Street
Albemarle N.C. 28001
Telephone Number: (704 982-0101 Fax Number: [phone]
E-mail Address: bmooseCa,dot.state.nc.us
Page 1 of 9

SR 1346 (Hemby Road)
Union County
XV. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: SR 1346 (Hemb~Road~_
2. T.I.P. Project Number or State Project Number (NCDOT Only): 1 ~ ~ . 2 0~ ~ ~ ~
3. Property Identification Number (Tax PIN):
4. Location
County: Union County Nearest Town: Weddington
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.}: From Weddin tg_o travel
north on NC 16 turn right onto Hemby Road. Proposed pipe replacement project is located
approximately 0 39 mile east
Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35° 2' 0.66" N 80° 45' 33" W
5. Property size (acres): NA
6. Name of nearest receiving body of water: Sixmile Creek
7. River Basin: Yadkin (Hydrologic Unit 03050103E
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at htt~//h2o.enr.state.nc.us/admin/maps/.)
8. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: This project is located on Hemby Road in Union County and
will impact an unnamed tributary to Sixmile Creek. Hemby Road is mostly developed with
single family residences. The specific project area is currently being developed upstream
(southeast side of the road} with a subdivision and there appears to be a utility crossing
Page 2 of 9

SR 1346 (Hemby Road)
Union County
planned far the downstream side of the project (northwest side of the road). The stream
below the existing culvert has a rip rap crossing installed for clearing access associated with
the utility project.
9. Describe the overall project in detail, including the type of equipment to be used: The
existing culvert is a 84 inch by 40 foot long corru ag ted metal pipe. The existing_pipe has a
rusted bottom and it is proposed to be replaced by a 112 inch by 75 inch by 70 foot long
con-u~ated metal pipe (arched). The additional length of pipe is needed to accommodate a
turn lane that will be required for subdivision access (subdivision is currently being
developed . The roposed work will be completed in the dry utilizing tXpical construction
equipment such as a trackhoe, dump truck, boom truck, vibratory roller, and paving
equipment, etc.
10. Explain the purpose of the proposed work: The,~ur~ose of the proposed work is twofold.
The existing_nipe has a rusted bottom and is losing its structural integrity and needs to be
replaced while the new subdivision that is bein dg,, eveloped on the southeast side of Hemby
Road requires a turn lane at its entrance to address safety concerns which. requires additional
pipe length to accommodate the increased roadway width in this area.
XV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. N/A
XV. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
There are no future permit requests anticipated for this project.
XV. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
Page 3 of 9

SR 1346 (Hemby Road)
Union County
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: There will be 30 feet of permanent
impacts associated with the pine replacement project.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located Rnthm
100-year
Floodplain
( es/no Distance to
Nearest
Stream
(linear feet Area of
Impact
(acres)

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: N/A
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact

Number
indicate on ma

Stream Name

Type of Impact
Perennial or
Intermittent? Average

Stream Width
Before Im ct Impact

Length
linear feet) Area of

Impact
acres)
Replace Existing
(1) 84"x 40' CMP Up Stream T
l UT to Sixmile ~~ (1) Perennial DOS ~~ 30 Feet .004
Creek 112" x 75" x 60' is over
CMPA widened and
varies in width
Total Stream 30 Feet .004
Page 4 of 9

SR 1346 (Hemby Road)
Union County
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc
Open Water Impact

Site Number

(indicate on ma
Name of Waterbody

(if applicable)

Type of Impact Type of Waterbody

(lake, pond, estuary, sound, bay,

ocean, etc.) Area of

Impact

acres
N/A

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U. S. resulting from the project:
Stream Im act acres : , 004
Wetland Im act acres : N/A
O en Water Im act acres : N/A
Total Im act to Waters of the U. S. (acres .004
Total Stream Impact (linear feet): 30 Feet
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
There is a pond on the upstream side off_ the project. It appears as if the developer isdred~ins
the pond or at least a portion of the pond and is creating turbidity issues at the time of our
field review.
8. Pond Creation
If construction of a pond is proposed,. associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, imgation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
Page 5 of 9

SR 1346 (Hemby Road)
Union County
XV. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. The required pipe len~,th has
been kept to a minimum for the addition of a turn lane and establishing stable shoulder slopes.
XV. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and atriount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Any requests received for mitigation will be routed through the NC Ecosystem Enhancement
Program.
Page 6 of 9

SR 1346 (Hemby Road)
Union County
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ^
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA}?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
XV. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC OZB .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
Page 7 of 9

SR 1346 (Hemby Road)
Union County
XV.
XV.
Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
This project will have no direct affect on development
Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
6 v~ / 0
J
Applicant/ gent's Signature Dat
(Agent's signatur is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9

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Name: WEDDINGTON Location: 035° 02' 0220" N 080° 45' 35.97" W
Date: 6/1 312 0 0 7 Caption: Union County
Scale: 1 inch equals 1000 feet SR 1346 (Hemby Road)
UT to Sixmile Creek
Copyright (C) 1998, Maptech, Inc.

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