20181732_Memorandum of Understanding_20140829

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
PAT MCCRORY ANTHONY J. TATA
GOVERNOR SECRETARY

MAILING ADDRESS:
NC DEPARTMENT OF TRANSPORTATION
PROJECT DEVELOPMENT & ENVIRONMENTAL ANALYSIS UNIT
1598 MAIL SERVICE CENTER
RALEIGH NC 27699-1548

TELEPHONE: [phone]
FAX: [phone]

WEBSITE:NCDOT.GOV
LOCATION:
CENTURY CENTER, BUILDING B
1020 BIRCH RIDGE DRIVE
RALEIGH NC 27610

MEMORANDUM

TO: Zahid Baloch, P.E., PDEA
DATE: August 29, 2014
RE: R-2307 Indirect and Cumulative Effects Report & Land Use Scenario Assessment

The final Indirect and Cumulative Effects Report & Land Use Scenario Assessment for STIP
Project No. R-2307 was distributed on June 23, 2014. Since then, it has come to my attention
that the report inaccurately stated the Riparian Buffer Protection Rules for the Catawba River
Basin. This memorandum provides the corrected text. The overall conclusions of the report
remain the same.

Page S-2, Public Policy
Replace with the following text:
Public Policy
All streams in the FLUSA are subject to Riparian Buffer Protection Rules for the Catawba River
Basin, which require a 50 foot buffer within the FLUSA. Within the FLUSA, Riparian Buffer
Protection Rules for the Catawba River Basin apply to those areas within 50 feet of the Lake
Norman reservoir shoreline at the lake elevation of 760 feet above mean sea level. Catawba
County and the Town of Mooresville require a minimum 30-foot vegetative buffer for all new
development along all perennial streams in the watershed protection areas. High-density
developments are required to maintain a 100-foot wide vegetative buffer. The project crosses
several wetland and floodplain areas.

Page S-3, paragraph beginning with “Most of the FLUSA…”
Replace with the following text:
Most of the FLUSA is within a WS-IV Critical Area or a WS-IV Protected Area. Within the FLUSA,
Riparian Buffer Protection Rules for the Catawba River Basin apply to those areas within 50 feet
of the Lake Norman reservoir shoreline at the lake elevation of 760 feet above mean sea level.
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In addition, Catawba County and the Town of Mooresville require additional buffers. The zoning
regulations in Catawba County maintain minimum lot sizes for most new land development, and
Iredell County and Mooresville require erosion/sedimentation control within the protected and
critical watersheds.

Page S-4, Notable Environmental Resources
Replace with the following text:
Notable Environmental Resources – The Catawba River, along with its associated water body
Lake Norman, is listed as a 303(d) waterway and is categorized as a WS-IV stream. It crosses NC
150 several times within the FLUSA. This project is within the Catawba River Basin which
requires NCDWQ buffer rules along the Lake Norman shoreline. Most the FLUSA is within the
Catawba River Water Supply Watershed WS-IV Critical Area or WS-IV Protected Area. The
FLUSA also contains wetland and floodplain areas. Additional detail is in Section 4.4.

Page 22, paragraph beginning with “Lake Norman and the stream around the lake…”
Replace with the following text:
Lake Norman and the stream around the lake, the Catawba River, is listed as a 303(d) waterway
and is categorized as a WS-IV stream. The FLUSA is in within the Catawba River Basin. Most of
the FLUSA between NC 16 and Doolie Road/Perth Road is a WS-IV Critical Area, and the area
from Doolie Road/Perth Road to east of I-77 is a WS-IV Protected Area. Within the FLUSA,
Riparian Buffer Protection Rules for the Catawba River Basin apply to those areas within 50 feet
of the Lake Norman reservoir shoreline at the lake elevation of 760 feet above mean sea level.
Catawba County and the Town of Mooresville require a minimum 30-foot vegetative buffer for
all new development along all perennial streams in the watershed protection areas. High-
density developments are required to maintain a 100-foot wide vegetative buffer. The project
crosses several wetland and floodplain areas.

Page 25, “Public Policy,” paragraph beginning with “Most of the FLUSA…”
Replace with the following text:
Public Policy. Most of the FLUSA between NC 16 and Doolie Road/Perth Road is a WS-IV Critical
Area, and the area from Doolie Road/Perth Road to east of I-77 is a WS-IV Protected Area
(shown in Figure 2). Within the FLUSA, Riparian Buffer Protection Rules for the Catawba River
Basin apply to those areas within 50 feet of the Lake Norman reservoir shoreline at the lake
elevation of 760 feet above mean sea level. Catawba County and the Town of Mooresville
require a minimum 30-foot vegetative buffer for all new development along all perennial
streams in the watershed protection areas. High-density developments are required to maintain
a 100-foot wide vegetative buffer.

3

Page 31, “Pressure for Land Development Outside Regulated Areas”
Replace with the following text:
Pressure for Land Development Outside Regulated Areas. Most of the FLUSA is within a WS-IV
Critical Area or a WS-IV Protected Area. Within the FLUSA, Riparian Buffer Protection Rules for
the Catawba River Basin apply to those areas within 50 feet of the Lake Norman reservoir
shoreline at the lake elevation of 760 feet above mean sea level. In addition, Catawba County
and the Town of Mooresville require additional buffers. The zoning regulations in Catawba
County maintain minimum lot sizes for most new land development, and Iredell County and
Mooresville require erosion/sedimentation control within the protected and critical watersheds.

Pages 31-32, “Planned/Managed Land Use and Impacts”
Replace with the following text:
Planned/Managed Land Use and Impacts. Within the FLUSA, Riparian Buffer Protection Rules
for the Catawba River Basin apply to those areas within 50 feet of the Lake Norman reservoir
shoreline at the lake elevation of 760 feet above mean sea level. Catawba County and the Town
of Mooresville require a minimum 30-foot vegetative buffer for all new development along all
perennial streams in the watershed protection areas. High-density developments are required
to maintain a 100-foot wide vegetative buffer. Local governments in the FLUSA have ordinances
for soil and erosion control, watershed protection, and floodplain protection. New
developments may be required to obtain a Section 404 permit from the USACE and a Section
401 Water Quality Certification from NCDWQ. Land development and stormwater management
goals are the same for the Build and No Build Scenarios.

Page 33, “Water Quality Statement”
Replace with the following text:
Water Quality Statement
All of the land within the probable development areas is in the Catawba River Basin, which is
regulated by NCDWQ. The Build Scenario crosses the Catawba River and its associated water
body Lake Norman, which is a 303(d) listed waterway. Direct impacts to streams are not yet
known. However, induced development is not expected to directly or indirectly affect 303(d)
waters because of the 30-foot stream buffers (100-foot buffers for high-density developments)
required for streams in Water Supply Watershed protected areas within the FLUSA. Neither the
project nor induced development is expected to directly or indirectly affect ORWs or HQWs.
Growth management regulations are described in Section 6 of this report, and are summarized
below.
Catawba County and the Town of Mooresville require a minimum 30-foot vegetative buffer for
all new development along all perennial streams in the watershed protection areas. High-
density developments are required to maintain a 100-foot wide vegetative buffer. New
developments may be required to obtain a CWA Section 404 permit from USACE and a
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concurrent CWA Section 401 Water Quality Certification from NCDWQ. Catawba County, Iredell
County, and the Town of Mooresville have additional soil erosion, sedimentation control, and
stormwater guidelines.

I regret any inconvenience. Please let me know if I can be of further assistance.
Thank you,
Herman Huang
Community Planner  NCDOT PDEA-HES  [phone]  [e-mail]

Attachment

cc: Harrison Marshall, Community Studies Group Leader, PDEA-HES
John Conforti, REM, Western Region Group Leader, PDEA
Jamille Robbins, Public Involvement Group Leader, PDEA-HES
Jim Hauser, Environmental Program Consultant, PDEA-NES
Nancy Daly, Watershed Planning Supervisor, EEP
Amy Chapman, Transportation Permitting Unit Supervisor , NCDWR
David Keilson, PE, Division 12 Planning Engineer
Mitch Batuzich, Western Preconstruction & Environment Engineer, FHWA