20020672 Ver 3_Monroe Bypass Talking Points 11042011_20120904

Monroe Bypass Talking Points

Monroe Connector/Bypass (R-3329, R-2559) is a bypass project for US74 through Union County

around the Town of Monroe.

The 401 was issued December 22, 2010.


The 401 authorizes impacts of 18,658 lf of stream, 7.66 ac. of wetlands, and 3.12 ac. of open

waters. These impacts were overestimated by including 50’ of additional fill slope at every
impact site.

This 401 was issued as a “phased” 401. This means final designs were provided for only a

section of the project. The impacts for the remaining sections were estimated. The remaining
sections would require a modification request that provides final design numbers. Any future
designs would go through the same level of review and avoidance and minimization analysis as
the original designs.

EEP has indicated that they will cover all mitigation requirements for this project.


The 401 includes a condition that states:

“
This certification does not authorize construction of the project. Authorization
for construction shall be granted when revised design plans for R-2559C and final
design plans for the remaining sections of R-2559 and R-3329 are received, and
approved by NCDWQ. Please be advised that when revised design plans are
completed for R-2559C and final design plans for the remaining sections of R-
2559, and R-3329, modifications to the 401 Water Quality Certification shall be
submitted with five copies and fees to the NC Division of Water Quality. Revised
and final designs shall reflect all appropriate avoidance, minimization, revised
jurisdictional impact tables and mitigation for impacts to wetlands, streams, and
other surface waters.”
This is not a typical condition.


This condition was included because the Design-Build Team had not been named at the time the

401 was issued. The Design-build team has proprietary control over the road design and could
completely redesign the roadway proposed by NCTA in the 401 application as long as it is
designed within the selected corridor. DWQ was attempting to limit the number of
modifications submitted by the Design-Build team to reduce staff workload on this large,
complex project.

SELC filed an injunction against NCDOT and FHWA based on the proposed design. They claim

that the purpose and need was overly restrictive, the alternatives analysis was flawed, and the
indirect and cumulative effects (ICE) analysis was inappropriate.

SELC also filed suit against DWQ’s 401. They claim that the 401 review did not look at all the

impacts associated with the roadway design (direct impacts and stormwater management), the
ICE analysis was inappropriate, the alternatives analysis was flawed, and that adequate
avoidance and minimization was not achieved.

The Local Government Commission has concerns about the condition not authorizing

construction on the project. They want clarification/assurances that the 401 is actually

approving the project and that it will not be rescinded at a later date once the Design-Build
team submits their final design.

The only scenario where DWQ would have serious concerns is if the Design-Build team applied

for a modification for impacts greater than those applied for in the 401 issued December 22,
2010.