20191245 Ver 3_U-4714AB Modification Mecklenburg January 7 2022_20220107

Mailing Address: Telephone: [phone] Location:
NC DEPARTMENT OF TRANSPORTATION Fax: [phone] BIRCH RIDGE
DRIVE
ENVIRONMENTAL ANALYSIS UNIT Customer Service: 1-877-368-4968 RALEIGH NC 27610
1598 MAIL SERVICE CENTER
RALEIGH NC 27699-1598 Website: www.ncdot.gov
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER J. ERIC BOYETTE
GOVERNOR SECRETARY
January 7, 2022
U. S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
ATTN: Mr. Eric Alsmeyer
NCDOT Coordinator
Subject: Request for Modification for Section 404 Regional General Permit No. 201902350
and Section 401 Water Quality Certification for the Proposed I-485 and East John
Street – Old Monroe Road (SR 1009) Interchange Improvements, Mecklenburg County,
Division 10, STIP U-4714AB. Debit $570.00 from WBS 43609.3.2.
Reference: 1) Section 404 Regional General Permit No. 201902350 (RGP 50), Action
ID No. SAW-2019-01774, issued October 7, 2019, re-verified May 6, 2021; 2) Section
401 General Water Quality Certification No. 4135, NCDWR Project No. 20191245v.2,
issued June 8, 2021.
Dear Sir:
The purpose of this letter is to request modification of the United States Army Corps of Engineers
(USACE) Section 404 Regional General Permit 201902350 (RGP 50) and associated North Carolina
Division of Water Resources (NCDWR) Section 401 Water Quality Certification for the above
referenced project.
Revisions resulting in changes to permitted impacts are proposed at two impact sites (Sites 3 and 4). The
changes to these sites are described below.
Previously authorized permanent stream impacts for the entire project totaled 401 linear feet, which
included 159 linear feet of bank stabilization. Previously authorized temporary stream impacts totaled
118 linear feet (0.03 acre).

The revised stream impacts for the project total 473 linear feet of permanent stream impacts, which
includes 175 linear feet of stream bank stabilization impacts, and 150 linear feet (0.08 acre) of temporary
stream impacts.

A summary of the changes is shown in Table 1 below.

Table 1 – Summary of changes to impacts*
Impact Type Previously
Permitted Impacts
Proposed Permit
Modification
Difference
Permanent Stream Impacts 401 473 +72
Bank Stabilization Impacts 159 175 +16
Temporary Stream Impacts 118 150 +32
*Stream impacts are in linear feet.

Please see the enclosed DWR Pre-Filing Meeting Request Form, revised DMS acceptance letter, revised
permit drawings and roadway plans where drainage revisions resulted in design and/or impact changes
to permitted impact sites. Narratives describing the revisions made to each permit impact site are
presented in the following section.

Permit Impact Site Modifications (shown in revised permit drawings):

Site 3
The original design included 197 linear feet of permanent stream impact to stream SSG resulting from
the installation of 30-inch and 15-inch reinforced concrete pipes (RCP) for drainage, 31 linear feet of
permanent bank stabilization impacts, and 10 linear feet of temporary stream impacts.

The design has been revised to include ditch drainage along the exit ramp rather than a closed drainage
system in this location. In the revised design, the 15-inch RCP has been eliminated and the upper reach
of stream SSG will be filled and drainage will be captured in a new roadside ditch before draining into
the previously-approved 30” RCP. The new design includes 197 linear feet of permanent stream impact,
including 100 linear feet of impact from installation of the 30” RCP and 97 linear feet of roadway fill
impact. Bank stabilization will remain at 31 linear feet and temporary stream impacts with remain at 10
linear feet. The proposed design will result in no change to the length of permanent or temporary stream
channel impacts.

Site 4
The original design included 26 linear feet of permanent stream channel impacts from bank stabilization
and 24 linear feet (<0.01 acre) of temporary stream impacts to stream SAG (Four Mile Creek).

The design has been revised to extend the widening of East John Street to the north and includes
construction of the intersection of the future Greylock Ridge Road Extension (Project No. HL-0025) on
the east side of East John Street. This will result in the need to extend the dual 7x7 reinforced concrete
box culvert (RCBC) beneath East John Street at stream SAG (Four Mile Creek). This project
modification is being proposed to alleviate future traffic congestion at the I-485 interchange at East John
Street, simplify traffic control for the public in this area, and minimize the risk of sedimentation into
stream SAG.

Based on a request from the Town of Matthews, endorsed through a resolution by the Charlotte Regional
Transportation Planning Organization (CRTPO), the Department decided to delay implementing the
East John Street widening from I-485 to Trade Street in downtown Matthews, now known as U-4714AA.

As a result of this delay, an additional operational analysis of the East John Street interchange was
conducted assuming U-4714AA would not be constructed for a number of years. The updated analysis,
and a supplemental addendum completed in April 2020 for the interchange, showed traffic queuing from
not building U-4714AA would block the interchange. As such, the Department needs to extend the
widening of East John Street further to the north in order to meet the purpose and need for U-4714AB.
Although construction of U-4714AA is currently unfunded, the future widening of E. John Street from
Trade Street to the I-485 interchange is included in the Charlotte Regional Transportation Planning
Organization (CRTPO) 2045 Metropolitan Transportation Plan (MTP)’s Fiscally Constrained project
list for Horizon Year 2025. By performing this additional work under U-4714AB, the Department will
help alleviate previously-unanticipated congestion to the East John Street interchange, increasing both
the safety of the traveling public and the movement of goods and services in the area.

The extension of the East John Street widening further to the north would also include the construction
of the intersection with the future Greylock Ridge Road Extension. Extending East John Street and
building the Greylock Ridge Road Extension intersection at the same time will benefit the traveling
public by simplifying and providing uninterrupted traffic control along East John Street. If constructed
separately, motorists, bicyclists and pedestrians will endure two separate traffic control patterns for these
two projects over a span of 2 to 3 years. In addition, by including the Greylock Ridge Road Extension
intersection with the widening of John Street as part of U-4714AB, the project area in the vicinity of
stream SAG can be disturbed and stabilized at one time. Otherwise, ground disturbance in the vicinity
of stream SAG will take place during two separate construction efforts.

The new design includes 56 linear feet of permanent stream channel impacts resulting from the dual 7x7
RCBC extension, 42 linear feet of stream bank stabilization impacts, and 56 linear feet (0.06 acre) of
temporary stream impacts. The proposed design will result in an increase in permanent stream channel
impacts of 72 linear feet (including an increase of 16 linear feet of stream bank stabilization impacts)
and an increase in temporary stream impacts of 32 linear feet (0.05acre).

Revised Compensatory Mitigation
The original permit approvals indicated the North Carolina Division of Mitigation Services (NCDMS)
would provide compensatory mitigation for 242 linear of permanent stream impacts, as referenced in
the October 7, 2019 GP 31 issued permit from the USACE and the November 15, 2019 401 WQC from
NCDWR.

Of the revised permanent stream impacts totaling 473 linear feet for this modification, 175 linear feet
are the result of bank stabilization and therefore do not require mitigation from USACE. Therefore, a
total of 298 linear feet of permanent stream impacts will require mitigation based on this modification,
which is an increase of 56 linear feet as compared to the previously approved permit. There are no
additional permanent wetland impacts, therefore no additional wetland mitigation is required A revised
DMS acceptance letter reflecting this change was issued and received on November 4, 2021 (attached).

No changes have occurred to special commitments for this project.

NCDOT requests to modify the permit for this project. Application is hereby made for modification of
the USACE 404 permit and the 401 WQC from NCDWR. We have provided a method of debiting
$570.00 to be submitted to the NCDWR for processing the WQC renewal for U-4714AB, as noted in
the subject line of this application.

A copy of this permit application and its distribution list will be posted in the NCDOT website at
http://connect.ncdot.gov/resources/Environmental. Thank you for your assistance with this project. If
you have any questions or need additional information, please contact Erin Cheely at either
[e-mail] or [phone].

Sincerely,

Philip S. Harris III, P.E., C.P.M.
Environmental Analysis Unit Head

cc:
NCDOT Permit Application Standard Distribution List
DWR Pre-Fil ing Meeting Req u est Form
ID#*Ve rsion *
Re gional Office *
Re v ie we r List *
Contact Name *
Contact Email Addre ss *
Proje ct Name *
Proje ct Owne r *
Proje ct County *
Owne r Addre ss:
Is this a transportation proje ct?*
Type (s) of approv al sought from the DWR:
Doe s this proje ct hav e an e xisting proje ct ID#?*
Ple ase list all e xisting proje ct ID's associate d with this proje cts.*
Do you know the name of the staff me mbe r you would like to re que st a me e ting with?
Ple ase giv e a brie f proje ct de scription be low and include location information.*
Ple ase attach the docume ntation you would like to hav e the me e ting about.
20191245 3
Mooresville Regional Office - [phone]
Donna Hood
Pre-Filing Me eting Reque st submitte d 8/11/2021
Erin Cheely
[e-mail]
U-4714AB
NCDOT
Mecklenburg
City
Raleigh
State / Province / Region
NC
Postal / Zip Code
27699
Country
United States of America
Street Address
1598 Mail Service Center
Address Line 2
Yes No
401 Water Quality Certification -
Regular
401 Water Quality Certification -
Express
Individual Permit Modification
Shoreline Stabilization
Yes No
20191245
No meeting is requested
I-485 and East John Street-Old Monroe Road (SR 1003) interchange
improvements
Signature
Submittal Date
pdf only
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:

· This form completes the requirement of the Pre-Filing Meeting Request in the Clean Water Act Section 401 Certification
Rule.
· I understand by signing this form that I cannot submit my application until 30 calendar days after this pre-filing
meeting request.
· I also understand that DWR is not required to respond or grant the meeting request.

Your project’s thirty-day clock started upon receipt of this application.  You will receive notification regarding meeting location
and time if a meeting is necessary.  You will receive notification when the thirty-day clock has expired, and you can submit an
application.
8/11/2021

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary

NORTH CAROLINA
Environmental Quality

November 4, 2021

Mr. Philip S. Harris, P.E., CPM
Environmental Analysis Unit
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina 27699-1598

Dear Mr. Harris:

Subject: DMS Mitigation Acceptance Letter:

U-4714AB, SR 1009 (John Street / Old Monroe Road) at I-485 – Improve
Interchange, Mecklenburg County

References: USACE 404 General Permit 31 issued October 7, 2019 (USACE Action ID 2019-
01774)

NCDWR 401 Water Quality Certification issued November 15, 2019 (NCDWR ID
2019-1245)

The purpose of this letter is to notify you that the Division of Mitigation Services (DMS) will
provide the additional compensatory stream mitigation for the subject project. Based on the information
supplied by you on November 1, 2021, the impacts are located in CU 03050103 of the Catawba River basin
in the Southern Piedmont (SP) Eco-Region, and are as follows:

Table 1 – Additional Impacts (feet / acres)
Catawba
03050103
SP
Stream Wetlands Buffer (Sq. Ft.)
Cold Cool Warm Riparian Non-
Riparian
Coastal
Marsh Zone 1 Zone 2
Impacts (feet/acres) 0 0 56.000 0 0 0 0 0
*NOTE: Some of the stream impacts may be proposed to be mitigated at a 1:1 mitigation ratio. See permit application for details.

This additional impact and associated mitigation needs were not projected by the NCDOT in the
2021 impact data. DMS is currently providing stream mitigation for the impacts associated with this project
located in expanded Catawba 03 service area as required by the 404 and 401 permits issued in October and
November 2019, as shown in the below table (in mitigation credits)

Mr. Harris
TIP U-4714AB
November 4, 2021
Page Two

Table 2 – Current Permitted Impacts and Associated Mitigation Requirements provided by DMS
(based on issued permits) and Revised Anticipated Impacts (based on mitigation request)
Impact Type
Total Permitted
Impacts
(feet / acre / sq ft)
Mitigation Provided by
DMS per Issued
Permits (Credits)
Additional
Impact (for
approval)
Revised Total
Impacts*
Stream (warm) 242.000 484.000 56.000 298.000
*Some of the additional stream impacts may be proposed to be mitigated at a 1:1 mitigation ratio. See permit application for details.
DMS will provide the amount of mitigation as determined by the regulatory agencies.

This mitigation acceptance letter replaces the mitigation acceptance letters issued on March 12,
2018 and September 13, 2019. The impacts and associated mitigation needs were not projected by the
NCDOT in the 2021 impact data. DMS will commit to implement sufficient stream mitigation credits to
offset the additional stream impacts associated with this project as determined by the regulatory agencies
using the delivery timeline listed in Section F.3.c.iii of the In-Lieu Fee Instrument dated July 28, 2010, and
consistent with the Guidance for Expanded Service Area for Mitigating Impacts within the Lower Catawba
River Basin approved by the IRT. 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 DMS.

If you have any questions or need additional information, please contact Ms. Beth Harmon at 919-
707-8420.

Sincerely,

James B. Stanfill
Asset Management Supervisor

cc: Mr. Monte Matthews, USACE – Raleigh Regulatory Field Office
Ms. Amy Chapman, Division of Water Resources, Wetlands/401 Unit
File: U-4714AB Additional

Hand Existing Existing
Permanent Temp. Excavation Mechanized Clearing Permanent Temp. Channel Channel Natural
Site Station Structure Fill In Fill In in Clearing in SW SW Impacts Impacts Stream
No.(From/To)Size / Type Wetlands Wetlands Wetlands in Wetlands Wetlands impacts impacts Permanent Temp.Design
(ac)(ac)(ac)(ac)(ac)(ac)(ac)(ft)(ft)(ft)
1 837+80 -L- (LT)Extend 2 @ 7' x 6' RCBC < 0.01 14
1 837+80 -L-Bank Stabilization 0.01 < 0.01 45 33
2 839+00 -L- (LT)Extend 2 @ 7' x 6' RCBC < 0.01 31
2 839+00 -L- (LT)Bank Stabilization 0.01 < 0.01 51 31
2 15+20 -Y6RPC- (RT)Bank Stabilization < 0.01 < 0.01 6 20
3 19+50 -Y6RPC (RT)30" RCP < 0.01 100
3 19+50 -Y6RPC (RT)Bank Stabilization < 0.01 < 0.01 31 10
3 19+50 -Y6RPC (LT)Roadway Fill < 0.01 97
4 129+50 -Y6- (RT)Bank Stabilization < 0.01 < 0.01 42 6
4 129+50 -Y6- (RT)Extend 2 @ 7' x 7' RCBC 0.01 56
4 129+50 -Y6- (LT)Temporary Erosion Measures 0.06 50
TOTALS*:0.07 0.08 473 150 0
*Rounded totals are sum of actual impacts
NOTES:
Revised 2018 Feb SHEET 17 OF 17
WETLAND AND SURACE WATER IMPACTS SUMMARY
WETLAND IMPACTS SURFACE WATER IMPACTS
MECKLENBURG
TIP NO. U-4714AB
WBS NO. 39078.1.1
NC DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
10/11/2021
At Sites 1 and 2, the existing culvert is not buried, therefore the culvert extension will not be buried. The bottom elevation of the extended
culvert will match the elevation of the existing stream bed.
At Site 1, 0.01 ac (45 lf) of temporary impacts due to construction activities are included within the bank stabilization impacts.
At Site 2, 0.01 ac (51 lf) of temporary impacts due to construction activities are included within the bank stabilization impacts.
At Site 3, <0.01 ac (31 lf) of temporary impacts due to construction activities are included within the bank stabilization impacts.