20071319 Ver 1_Application_20070803

STATE OF NORTH CAROLINA
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DEPARTMENT OF TRANSPORTATION A'~
MICHAEL F. EASLEY DIVISION OF HIGHWAYS W. LYNDO TIPPETT
GOVERNOR SECRETARY
July 30, 2007
North Carolina Division of Water Quality
401 Wetlands Certification Unit
2321 Crabtree Boulevard
Raleigh, NC 27604-2260
~~1319
Subject: Secondary Road Improvements to Ruby Linder Road, Union County.
WBS Element Number lOC.090090 (DWQ Minor Permit Fee $200.00).
Dear Mr. Sir or Madam:
The North Carolina Department of Transportation (NCDOT) proposes to upgrade Ruby Linder
Road in Union County from an unpaved roadway to a paved roadway. The total project length is
0.05 of a mile.
Transportation and highway laws of North Carolina (G.S. 136-44.6, 136-44.7, 136-44.7A, 136-
44.8 and 136-44.9) require the NCDOT to develop annual work programs for construction and
maintenance of secondary roads. These general statutes specifically set forth requirements for
annual construction and paving of existing unpaved roads. Paving of these roads is performed in
priority order as established by the NCDOT for each unpaved road within a given county. This
number is based on characteristics of each road, including number of homes, schools, churches,
businesses, industries, recreational facilities, traffic counts, presence of school bus routes, and
value as a thoroughfare. Ruby Linder Road is scheduled for paving in the 2007-2008 Secondary
Roads Construction Program.
Protected Species
The subject project has been reviewed for the presence of listed threatened and endangered
species. It has been determined that the construction of this project will have no effect on any
listed plant or animal species.
Impacts to Waters of the United States
This project cannot be completed without impacts to waters of the United States. This project is
located within the Yadkin River Basin (Hydrologic Unit # 03040104) and stream impacts to an
unnamed tributary of Missouri Branch will be incurred as a result of this project being
constructed.
716 West Main Street, Albemarle, NC 28001 • [phone] • Fax [phone]

Avoidance/Minimization
Impacts to jurisdictional crossings have been limited as much as possible with the requested pipe
length being the smallest length that can be used and still establish a stable road shoulder slope.
The existing pond will be drained in order to eliminate a roadway safety concern and the stream
that feeds the pond will be allowed to recreate its original channel through the drained pond.
NCDOT's best management practices for the protection of wetlands and surface waters will be
applied during all phases of project construction.
Summary
The purpose of this letter is to request authorization to construct the proposed project under
Section 404 Nationwide Permit (NWP) 14. Application is also made to the North Carolina
Division of Water Quality (NCDWQ) for Section 401 Water Quality Certificate (WQC) No.
GC3627 that is required for this project.
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,
~, ~~
Barry S. Moose, PE
Division Engineer
B SM/LBT
CC: John Dorney, NCDWQ
Polly Lespinasse, NDWQ
Marella Buncick, USFWS
Marla Chambers, NCWRC
John Underwood, CME
Area Field Operations Unit
File

(Ruby Linder Road)
Union County
Office Use Only: Form Version March OS
2 0 0 7 1 3 1 9
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. 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 Number(s) 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: ^
II. Applicant Information
1. Owner/Applicant Information
Mailing Address: 10~' Hig_hway Division
716 West Main Street
Albemarle N.C. 28001
Telephone Number:~704) 982-0101 Fax Number: (704, 982-3146
E-mail Address:
2. 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: Barry S. Moose, PE
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: (704 982-3146
E-mail Address: bmoosendot.state.nc.us
Page 1 of 9

(Ruby Linder Road)
Union Coucrty
III. 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: Ruby Linder Road
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: Union Nearest Town: Waxhaw
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): From the intersection of
NC 16 and NC 75 in Waxhaw travel 2 miles south east bearing right onto SR 1132 (Old
Providence Road) Travel south 1 7 miles to SR 1117 Providence Road South), turn right.
Follow SR 1117 for 2 miles turning right onto SR 1113 (Davis Road). Follow Davis Road
for 2 5 miles Ruby Linder Road will be on our right
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): 34° 52' 13.85" N 80° 44' 34.80" W
5. Property size (acres): NA
6. Name of nearest receiving body of water: Missouri Branch
7. River Basin: Yadkin~Iydrologic Unit 03050103)
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at htt~p://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: Rubx Linder Road is an unpaved secondary road in Union
Page 2 of 9

(Ruby Linder Road)
Union County
County which is developed with single family residences throughout the length of the
ro'ect.
9. Describe the overall project in detail, including the type of equipment to be used: While the
currently roadway. is mostly cleared within our maintenance limits it is anticipated that a
additional clearing will be needed in order to install the necessary erosion control devices.
There is one jurisdictional crossing that will be impacted as a result of this protect bem~
constructed There is an existin~,~pond on the south side of the road and the existm~ roadwav
is being utilized as a dam As part of the road improvement agreement the extstma pond
will be drained to eliminate the safety issues associated with having a roadwav serve as a
hoe dumb truck boom truck and hand tools Erosion and sediment control devices will be
installed as required -
10. Explain the purpose of the proposed work: Ruby Linder Road is a secondary road that that is
built out with single family residences The current roadway is a safety concern and the
proposed improvements are intended to improve the safety and serviceability of the road. -
IV. 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
V. 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
VI. 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

(Ruby Linder 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 20 feet of permanent
impacts associated with this~roiect
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 T e of Wetland
YP
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
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 Perennial or Average Impact Area of
Number Stream Name Type of Impact Intermittent? Stream Width Length Impact
indicate on ma) Before Im ct linear feet) (acres)

Replacing existing
14+20
Sta UT to Missouri 30' x 16" CMP perennial 2 20' 0.0009
. Branch with
50' x 36" CMP
Total Stream hn act len and acrea a 0.0009
Page 4 of 9

(Ruby Linder Road)
Union County
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
(~ applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
Sta. 14+20 N/A Drainage Pond 0.027
acre

Total Open Water Impact (acres)
6. List the cumulative im act to all Waters of the U. S. resultin from the ro'ect:
Stream Im act (acres): 0.0009
Wetland Impact (acres): N/A
O en Water Im act (acres : 0.027
Total Im act to Waters of the U. S. (acres) 0.028
Total Stream Im act (linear feet): 20
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.
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, irrigation, 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

(Ruby Linder Road)
Union County
VII. 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. As previously mentioned,
Ruby Linder road is~opulated b~ a number of single family residences and is currently
considered to be a safet iy ssue_given the fact that the roadway is serving as a yond dam. If the
proposed improvements are allowed we will be eliminating the safety concerns and
reestablishing a short section of stream that had been previously impounded. Additional impacts
will be avoided by staging construction ecfuipment in upland areas avoiding the stream and
pond located on this protect Strict enforcement of the sedimentation and erosion control best
management practices for the protection of wetlands and surface waters will be enforced during
all phases of ~pro~ct construction
VIII. 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
Page 6 of 9

(Ruby Linder Road)
Union County
and/or map, if offsite), affected stream and river basin, type and amount (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
Pro ram.
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 h~ //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 ^
X. 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.
Page 7 of 9

(Ruby Linder Road)
Union County
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.

Zone* Im ct
~
( care feet)
Multiplier Required
Miti lion
l 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
Stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
The project length is OS of a mile The existinggravel base is 12 feet wide and the proposed
pavement width will be 18 feet wide There will be a 036 of an acre increase in the impervious
area as a result of this~roject Beira constructed
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Page 8 of 9

(Ruby Linder Road)
Union County
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
XIV. 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
XV. 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).
iNamc„r ~~3~~T
Applicant/.gent's Signature ~ )bate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9

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Name: UNITY Location: 034° 51' 58.98" N 080° 44' 53.66" I W
Date: 7/27/2007 Caption: Ruby Linder
Scale: 1 inch equals 1333 feet Union County

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