HomeMy WebLinkAbout20141271 Ver 2_401 Application_20160926��0� AECOM 919 854 6200 tel
701 Corporate Center Drive 919 854 6259 fax
Suite 475
Raleigh, NC 27607
www.aecom.com
September 22, 2016
North Carolina Division of Water Resources
Transportation Permitting Branch
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Attn: Ms. Amy Chapman RE: DWR #14-1271
Subject: 401 Water Quality Certification
Widening of Derita Road (STIP No. U-4910)
Cabarrus County, North Carolina
Dear Ms. Chapman,
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The City of Concord is requesting authorization under the Nationwide Permit 14 for unavoidable
impacts to jurisdictional freshwater wetlands and streams associated with the widening of Derita
Road in Cabarrus County. A permit request package that included a completed Joint Pre-
Construction Notification Form and supporting information was submitted to the US Army Corps of
Engineers and the North Carolina Division of Water Resources on December 8, 2014. Since that
time there have been some minor changes to the project design. This is a resubmittal of that initial
application with revised drawings and impact calculations. Included are four (4) copies of the
application and drawings.
Attached are revised permit drawings showing the changes. The changes did not affect impacts to
any of the wetlands. At Site 2, temporary stream impacts were changed to permanent impacts after
NCDWR requested one low flow channel, which resulted in actual work in the channel. Therefore,
there was an increase in permanent impacts from 460 feet to 510 feet. There was also a reduction in
temporary stream impacts from 101 linear feet to 34 linear feet.
A check request for $570 has been processed by AECOM Accounting and is being sent to NCDWR
under separate cover. If you have not received this check within the next few days please contact me
so that I can track it down.
At this point in time, the City of Concord plans to purchase mitigation credits from the North Carolina
Ecosystem Enhancement Program (NCEEP) to mitigate impacts. The acceptance letter from NCEEP
is included as part of this application.
Additionally, on December 22, 2014, there was an on-site meeting with Alan Johnson, NCDWR
Mooresville Regional Office, to review the project. Following that meeting, Mr. Johnson requested
additional information via a letter to Ms. Sue Hyde, City of Concord, dated December 23, 2014.
Those questions/requests (in italics) and a response are presented below:
1) The current plans indicate a three barrel box culvert at stream #2. There was discussion as
to restricting base flow of the stream to a single barrel rather than the proposed 2 barrels.
The single barrel with fwo high flow/storm barrels is preferred.
A=COM
The culvert at stream # 2 has been redesigned. Permit Drawing Sheet 3, Detail 9 provides
the culvert construction detail that shows sills installed on the two side barrels on a multi-
barrel culvert to provide for a low flow channel in the middle and two floodplain barrels on the
outside. Additionally, 50 foot long floodplain benches will be constructed up and downstream
of the culvert. The stream channel is overly wide in this location and the floodplain benches,
which will be built out into the channel, are necessary to direct low flows into the center
barrel.
2) General commenfs were made regarding the stormwater runoff from the roadway. Rather
than directing flow to the closest stream, it was suggested to utilize the level riparian areas
and gentle topography as a mediating buffer prior to stormwater discharging to the streams,
to the extent practicable.
These comments were generally concered about a ditch in the floodplain at the Rocky River.
The original (2014) plans had a ditch along the east side of the road at the Rocky River (north
side of the river) that directed stormwater from the pipe to the river. This ditch has been
eliminated in the 2016 redesign so the outfall discharges onto the Rocky River floodplain and
the.
3) Be advised that the Rocky River and its tributaries are 303-d listed streams. Sediment and
erosion control plans and stormwater runoff must be faken into account to meet the required
standards.
Stormwater BMPs have been designed to reduce sediment during roadway construction.
If you have any questions please do not hesitate to contact me at (919) 854-6210 or
ron.johnsonC�aecom.com. Thank you for your assistance with this project.
Si ,
Ro Jo s
AECOM
Enclosures
cc: Sue Hyde, P.E., City of Concord
Q��F WATF'9OG Office Use Only:
� i.: � y Corps action ID no.
� ,. , � p � DWQ project no.
Form Version 1.4 January 2009
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑X No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
❑X 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e. Is this notification solely for the record For the record only for DWQ For the record only for Corps Permit:
because written approval is not required? 401 Certification:
❑ Yes ❑X No ❑ Yes ❑X No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank ❑X Yes ❑ No
or in-lieu fee program.
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h � Yes ❑X No
below.
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No
2. Project Information
2a. Name of project: Derita Road - U-4910
2b. County: Cabarrus
2c. Nearest municipality / town: Concord
2d. Subdivision name: NA
2e. NCDOT only, T.I.P. or state project no: U-4910
3. Owner Information
3a. Name(s) on Recorded Deed: NA
3b. Deed Book and Page No. NA
3c. Responsible Party (for LLC if NA
applicable):
3d. Street address: NA
3e. City, state, zip: NA
3f. Telephone no.: NA
3g. Fax no.: NA
3h. Email address: NA
Page 1 of 10
PCN Form — Version 1.4 January 2009
4. Applicant Information (if different from owner)
4a. Applicant is: ❑ Agent ❑X Other, specify: Director of Engineering
4b. Name: Sue Hyde
4c. Business name City of Concord
(if applicable):
4d. Street address: P.O. Box 308 .
4e. City, state, zip: Concord, North Carolina 28026-0308
4f. Telephone no.: 704-920-5401
4g. Fax no.: 704-786-4521
4h. Email address: hydes@concordnc.gov
5. Agent/Consultant Information (if applicable)
5a. Name: Kevin VanMetre
5b. Business name AECOM
(if applicable):
5c. Street address: 701 Corporate Center Drive, Suite 475
5d. City, state, zip: Raleigh, NC 27607
5e. Telephone no.: 919-854-6214
5f. Fax no.: 919-854-6259
5g. Email address: kevin.vanmetre@aecom.com
Page 2 of 10
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): NA
1 b. Site coordinates (in decimal degrees): Latitude: 35.393581 Longitude: -80.718011
1c. Property size: N�A acres
2. Surface Waters
2a. Name of nearest body of water to proposed project: Rocky River
2b. Water Quality Classification of nearest receiving water: C(Rocky River)
2c. River basin: Yadkin/Pee Dee
3. Project Description '
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The corridor along Derita Rd. includes medium to low density residential, commercial, mixed-use, village and planned unit development, and industrial
land uses. Derita Rd. is primarily a two-lane undivided highway that parallels I-85 and connects Concord Mills Boulevard and Poplar Tent Road. The
existing 2011 Average Daily Tra�c (ADT) for Derita Road between these roads is 10,570 vehicles per day and is expect to increase to 13,020 in 2035.
3b. List the total estimated acreage of all existing wetlands on the property: 0.33
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 915
3d. Explain the purpose of the proposed project:
See Attached
3e. Describe the overall project in detail, including the type of equipment to be used:
See Attached
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the ❑X Yes ❑ No ❑ Unknown
Corps or State been requested or obtained for this property / Comments:
ro'ect includin all rior hases in the ast?
4b. If the Corps made the jurisdictional determination, what type � Preliminary , ❑X Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: AECOM
Name (if known): Kevin Lapp Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
An Approved Jurisdictional Determination was issued by Sarah Hair on December 20, 2011 (Action ID 2011-01493). A NCDWQ on-site determination
for applicability to the mitigation rules was issued by Polly Lespinasse on October 3, 2011.
5. Project History
5a. Have permits or certifications been requested or obtained for �Yes � No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project? 0 Yes ❑ No
6b. If yes, explain.
Phase I begins at Poplar Tent Road and extends to, and includes, the intersection of Aviation Boulevard prior to tapering back to the existing two-lane
section. Phase II will extend from the end of Phase I to Concord Mills Boulevard. Currently, only Phase I has funding. Phase II is not funded.
Page 3 of 10
PCN Form - Version 1.4 January 2009
C. Proposed Impacts Inventory ,
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
0 Wetlands � Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of impact Type of wetland Forested Type of jurisdiction Area of
number Corps (404,10) or impact
Permanent (P) or DWQ (401, other) (acres)
Tem ora T
W1 - Choose one Choose one Yes/No -
W2 - Choose one Choose one Yes/No -
W3 - Choose one Choose one Yes/No -
W4 - Choose one Choose one Yes/No -
W5 - Choose one Choose one Yes/No -
W6 - Choose one Choose one Yes/No -
2g. Total Wetland Impacts: 0.28
2h. Comments:
see attached table
Total permanent fill in wetlands: 0.18 acre
Total permanent mechanized clearing in wetlands: 0.09 acre
Total permanent excavation of wetlands: 0.01 acre
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial (PER) or Type of Average Impact
number intermittent (INT)? jurisdiction stream length
Permanent (P) or width (linear
Temporary (T) (feet) feet)
S1 - Choose one - -
S2 - Choose one - -
S3 - Choose one _ _
S4 - Choose one - -
S5 - Choose one _ -
S6 - Choose one - -
3h. Total stream and tributary impacts 544
3i. Comments:
see attached table
Total permanent impacts (510 Ifl
Total temporary impacts (34 Ifl ,
Page 4 of 10
PCN Form — Version 1.4 January 2009
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individuall list all o en water im acts below.
4a. � 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number (if applicable) Type of impact Waterbody Area of impact (acres)
Permanent (P) or type
Tem ora . T
01 - Choose one Choose
O2 - Choose one Choose
03 - Choose one Choose
04 - Choose one Choose ,
4f. Total open water impacts o
4g. Comments: �
ti
5. Pond or Lake Construction
If ond or lake construction ro osed, then com lete the chart below.
5a. 5b. 5c. 5d. ' Se.
Pond ID number Proposed use or Wetland Impacts (acres) Stream Impacts (feet) Upland
purpose of pond (acres)
Flooded Filled Excavated Flooded Filled Excavated
P1 Choose one
P2 Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an im acts re uire miti ation, then ou MUST fill out Section D of this form.
6a. Project is in which protected basin? ❑ Neuse � Tar-Pamlico � Catawba � Randleman ❑ Other:
6b. 6c. 6d. 6e. 6f. 6g.
Buffer Impact Reason for impact Stream name Buffer Zone 1 Zone 2
number — mitigation . impact impact
Permanent (P) or required? (square (square
Tem ora T feet feet
g� _ Yes/No
B2 _ Yes/No
B3 _ Yes/No �
B4 _ Yes/No
B5 _ Yes/No
B6 _ Yes/No
6h. Total Buffer Impacts: o 0
61. Comments: Project is not in a protected watershed.
Page 5 of 10
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Derita Road is an existing roadway and design considerations to avoid or minimize impacts to the streams and wetlands were limited by the nature of
the widening project. However, 2:1 side slopes have been utilized to reduce project impacts to the adjacent stream.
1 b. Specifically describe measures taken to avoid or minimize the�proposed impacts through cohstruction techniques.
Stormwater Best Management Practices will be utilized according to methods outlined in the Stormwater Best Management Practices Toolbox
(Version 1, March 2008) to reduce impacts to the stream during the construction process and post-construction process.
2. Com ensato Miti ation for Im acts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for � Yes ❑ No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): 0 DWQ 0 Corps
❑ Mitigation bank
2c. If yes, which mitigation option will be used for this � payment to in-lieu fee program
project?
❑ Permittee Responsible Mitigation
3. Com lete if Usin a Miti ation Bank _
3a. Name of Mitigation Bank:
Type: Choose one Quantity:
3b. Credits Purchased (attach receipt and letter) Type: Choose one Quantity:
Type: Choose one Quantity:
3c. Comments:
4. Com lete if Makin a Pa ment to In-lieu Fee Pro ram
4a. Approval letter from in-lieu fee program is attached. � Yes
4b. Stream mitigation requested: 544 linear feet
4c. If using stream mitigation, stream temperature: warm
4d. Buffer mitigation requested (DWQ only): 0 square feet
4e. Riparian wetland mitigation requested: 0.5 acres
4f. Non-riparian wetland mitigation requested: 0 acres
4g. Coastal (tidal) wetland mitigation requested: 0 acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires � Yes �X No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c. 6d. � 6e.
Zone , Reasomfor impact Total impact Multiplier Required mitigation
(square feet) (square feet)
Zone 1 3(2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 7 of 10
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified � Yes OX No
within one of the NC Ri arian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2. Stormwater Mana ement Plan
2a. What is the overall percent imperviousness of this project? 25 �%
2b. Does this ro'ect re uire a Stormwater Mana ement Plan? ❑X Yes ❑ No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
U-4910 in Cabarrus County involves the widening of existing Derita Rd between Concord Mills Blvd and Poplar Tent Rd. The project includes one
culvert replacement at an unnamed tributary and one bridge replacement over the Rocky River (Phase II). No deck drains will be placed directly over
water, eliminating direct roadway runoff into surface waters. 2:1 side slopes have been utilized, reducing project impacts to surrounding wetland and
jurisdictional areas.
2e. Who will be responsible for the review of the Stormwater Management Plan? NCDOT under their NPDES permit
3. Certified Local Government Stormwater Review
3a. In which local overnment's 'urisdiction is this ro'ect? City of Concord
❑ Phase II
3b. Which of the following locally-implemented stormwater management programs ❑ NSW
apply (check all that apply): � USMP
� Water Supply Watershed
0 Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ❑Yes ❑X No
attached?
4. DWQ Stormwater Pro ram Review
�Coastal counties
❑HQW
4a. Which of the following state-implemented stormwater management programs apply �ORW
(check all that apply): ❑Session Law 2006-246
❑X Other:
4b. Has the approved Stormwater Management Plan with proof of approval been � Yes OX No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? � Yes �. No
5b. Have all of the 401 Unit submittal requirements been met? � Yes � No
Page 8 of 10
PCN Form — Version 1.4 January 2009
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the 0 Yes ❑ No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ❑x Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) 0 Yes ❑ No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑Yes ❑X No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ❑Yes �X No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in DYes ❑ No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
A Cumulative Impact Analysis is provided in the October 2012 Categorical Exclusion.
4. Sewage Disposal (DWQ Requirement)
4a. 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.
N/A
Page 9 of 10
PCN Form — Version 1.4 January 2009
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or Yes X No
habitat? � �
5b. Have you checked with the USFWS conceming Endangered Species Act � Yes ❑ No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted. Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat7
AECOM surveyed the project for Schweini�'s sunflower (Helianthus schweinitzii) on 10-9-2009, 9-28-2011, and 9-18-2014 and no populations were
found. NCDOT issued a Biological Conclusion of No Effect for the project on Caroiina heelsplitter (Lasmigona decorata) on November 18, 2011.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes �X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Cabarrus County is not a coastal counry, so this project will not impact Essential Fish Habitat.
7. Historic or Prehistoric Cul4ural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation � Yes ❑X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
A letter from SHPO dated May 24, 2011 stating no known resources would be affected by the project, therefore they have no comment.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑X Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
The proposed bridge decreases the 100-year water surtace elevation by 0.41'
8c. What source(s) did you use to make the floodplain determination?
Sungate Design group composed a Bridge Survey and Hydraulic Design Report for U-4910 Rocky River bridge using the FEMA model and Hec Ras
version 4.1. See Attached report.
K�V l ►a � V14 � P��r2E
� ����
ApplicanUAgenYs Printed Name A' anUAgen Signature Date
(Agent's ignature is valid only if an authorization
• letter from the a licant is rovided.
Page 10 of 10
USACE/NCDWR
JOINT PRE-CONSTRUCTION NOTIFICATIQN
AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION:
NA
LOT NO. NA PLAfV N0, PARCEL ID: NA
U-4910 Derita Road Widening
STREET ADDRESS:
Please print: Sue Hyde (hydes@concordnc . gov�
Property Owner:
Property Owner: Engineering DireCtor, City of Concord
The undersigned, registered property owners of the above noted property, do hereby authorize
AEcort
Kevin VanMetre
701 Corporate Center Drive, Suite 475
(kevin.vanmetre@aecom.com)
.OfRa___]eiqh, NC 27607
(Contractor / Agent) (Name of consulting firm)
to act on my behalf and take all actions necessary for the processing, issuance and acceptance of
this permlt or certiflcation and any and all standard and special conditions attached.
Property Owner's Address (ff different than property above):
P.O. Box 308, Concord, NC 28026-03D8
704-920-5401
Telephone:
We hereby certify the above information submitted in this application is true and accurate to the
best of our knowledge,
Sue Hyde Kevin VanMetre (Agent)
Au orized Sig� Authorized Slgnature
Date: �1 � � 1 � � Date: �/8/�
Derita Road Widening (U-4910)
Additional Information
A Categorical Exclusion for this project was approved and signed by FHWA on October 31,
2012 and is available upon request.
B. Project Information and Prior Project History
3d. Explain the purpose of the proposed project .
NCDOT STIP Project U-4910 consists of widening approximately 2.6 miles of Derita Road
(SR 1445) between Concord Mills Boulevard (SR 2894) and Poplar Tent Road (SR 1394).
The purpose of the proposed project is to improve traffic flow and levels of service on Derita
Road in the project study area. Further, the project will enhance access to the Concord
Regional Airport and facilitate the development of industrial land use nodes in the study area.
Derita Road is a major corridor that connects Concord, Regional Airport, Concord Mills,
Charlotte Motor Speedway and other regional land uses between the Charlotte Metropolitan
area and the City of Concord. Derita Road is currently a two-lane undivided highway for a
majority of the project's limits and parallels I-85, providing a north / south connection between
Concord Mills Boulevard and Poplar Tent Road. Derita Road is four-lanes between Concord
Mills Boulevard and just. north of the Lowes Driveway. Approximately 500 feet north of the
Lowes Driveway, Derita Road transitions to a two-lane roadway and widens to three or more
lanes (including turn lanes) at the major cross streets (including Thunder Road, Aviation
Boulevard/Westwinds Boulevard, Northwinds Drive, Westmoreland Drive, and Poplar Tent
Road).
The existing 2011 average daily traffic (ADT) volumes for Derita Road along the proposed
project is 10,570 vehicles per day (vpd) and ranges from a low of 9,400 vpd on the south leg of
Derita Road and Concord Mills Boulevard intersection to a high of 11,000 vpd on the north leg
of the Derita Road and Concord Mills Boulevard intersection (located in Phase II). Derita Road
intersects with numerous roads that facilitate notable traffic volumes, including Poplar Tent
Road (16,900 to 22,000 vpd), Westwind Boulevard (1,100 vpd), Aviation Boulevard (1,700 vpd),
Thunder Road (4,900 vpd), Lowes Driveway (2,200 vpd), Christenbury Parkway (17,900 vpd),
and Concord Mills Boulevard (23,100 vpd).
The future No-Build 2035 ADT for Derita Road along the proposed project shows traffic
increasing to 13,020 vpd and ranges from a low of 11,500 vpd between Aviation Boulevard and
Jetstream Boulevard to a high of 16,100 vpd on the north leg of the Derita Road and Poplar
Tent Road intersection. Intersections with numerous roads that facilitate notable traffic volumes
also show increases in traffic volumes in 2035: Poplar Tent Road (35,600 to 45,400 vpd),
Westwind Boulevard (6,000 vpd), Aviation Boulevard (4,300 vpd), Thunder Road (10,000 vpd),
Lowes Driveway (3,200 vpd),.Christenbury Parkway (23,200 vpd), and Concord Mills Boulevard
(31,600 vpd).
The future Build 2035 ADT for Derita Road along the proposed project shows traffic increasing
to a low of 24,500 vpd between Aviation Boulevard and Jetstream Boulevard to a high of 29,100
vpd between the Lowes Driveway and Concord Mills Boulevard.
1
Crashes along the proposed project are slightly higher than the statewide three-year crash rate
(2008-2010) for urban primary routes. Crash data was collected and analyzed for Derita Road
from Poplar Tent Road to Concord Mills Boulevard for a three-year period from March 1, 2009
to February 29, 2012. The data included crash rates, crash types, and other related crash
information. Crash rates are determined by the length of roadway, average daily traffic, and the
number of reported accidents along a route for a specific time frame.
A total of 70 crashes were reported along the 2.6-mile section of Derita Road from Poplar Tent
Road to Concord Mills Boulevard in Cabarrus County during the period from March 1, 2009 to
February 29, 2012. The total crash rate for Derita Road was 266.56 per 100-million vehicle
miles. This is slightly higher than the statewide three-year crash rate (2008-2010) for urban
primary routes, which was 217.18 per 100-million vehicle miles. Four prominent collision types
made up 68.57 percent of the total crashes along Derita Road. Of the 70 reported crashes, 13
were angle collisions; 7 were animal collisions; 7 were left turn on same roadway collisions; and
21 were rear-end slow or stop collisions. Rear-end slow or stop crash types are an indicator of
congested conditions and/or turning movements along existing Derita Road and represent the
effect such conditions can have on driver behavior. One fatal crash occurred along Derita Road
during the three-year period.
Construction of the project will be completed in two phases. Phase I will begin at Poplar Tent
Road and extend to, and include, the intersection of Aviation Boulevard prior to tapering back
to the existing two-lane section. Phase II will extend from the end of Phase I to Concord
Mills Boulevard. Currently only Phase I of this project is funded and will be constructed under
this permit. The construction date of Phase II is yet to be determined.
3e. Describe the project in detail, including type of equipment to be used.
The proposed widening of Derita Road is consistent with the classification as a major
thoroughfare. Along the project corridor, the two-lane road will be widened to four lanes with a
23-foot wide raised grass median. The typical section includes 14-foot outside lanes for shared
use with bicyclists. Curb and gutter will be added, along with sidewalks, to both sides of the
roadway. The speed limit of the proposed facility will be 45 miles per hour. There will be no
access control implemented. Medians may be provided for channelization of traffic on Derita
Road and the intersecting roadways.
Full movement intersections are anticipated to be provided at the Derita Road and Concord
Mills Boulevard intersection, the Derita Road and Aviation Boulevard NW/Westwinds Boulevard
NW intersection, and the Derita Road and Thunder Rd intersection. At the Derita Road and
Poplar Tent intersection, all movement will be permitted except left turns (as designed for TIP I-
3803B). Leftovers will be provided for other side streets as possible. Other minor roads and
driveways may be converted to right-in and right-out intersections. Full access at these
intersections is anticipated to mitigate any access issues. U-turn traffic is being considered
when designing the full access intersections.
During construction, two-way traffic will be maintained on existing streets in the project study
vicinity. Coordination will occur with local resident and business owners to maintain access to
properties during construction. The roadway will be constructed using standard roadway
construction equipment such as bulldozers, road graders, and dump trucks.
4. Jurisdictional Determination
The wetlands were delineated by AECOM in 2011. The wetland boundary was surveyed by CH
Engineering and a jurisdictional package was submitted to the U.S. Army Corps of Engineers
(USACE). A Jurisdictional Determination was issued by the USACE on December 20, 2011
(201 1-01 493) and a North Carolina Division of Water Quality (Now NCDWR) on-site
determination was issued on October 3, 2011.
6. Future Project Plans
The project is currently divided into two sections that will be constructed in two phases.
U-4910A (Phase II) will extend from the end of Phase I to Concord Mills Boulevard. U-4910B
(Phase I) of the project begins at Poplar Tent Road, extends to, and includes, the intersection of
Aviation Boulevard prior to tapering back to the existing two-lane section. Currently, only Phase
I has funding (due to the high cost of the bridge structure in Phase II) and is anticipated to be let
in June 2015 with construction beginning in September 2015. Construction of Phase I is
anticipated to take 30 months and the let date for Phase II will hopefully be known before the
letting of Phase I. Phase II (U-4910A) is not funded at this time. Impacts associated with Phase I
only include Stream 3: 295 linear feet (If) of permanent impacts (culvert or stabilization), and 15
If of temporary clearing. Impacts associated with Phase II include 0.28 acre of permanent
wetland impacts (0.18 acre of fill, 0.09 acre of inechanized clearing, and 0.01 acre of
excavation) and 251 linear feet of stream impacts: 165 If of permanent impacts and 86 If of
temporary impacts.
Mitigation will be acquired through the North Carolina Ecosystem Enhancement Program for
both phases of the project simultaneously. Though the construction phases may differ,
mitigation acquisition will not be a two phase process.
3
C. Proposed Impacts Invenfory
2. Wetland Impacts
Wetland Type of Impact Type of Wetland Forested Type of Area of
Impact Jurisdiction impact
Number acres
Site 1 Mechanized Clearing Bottomland Hardwood Yes Corps 0.08
Wetland 3 Forest
Site 1 Fill (Wetland 3) Bottomland Hardwood Yes Corps 0.02
Forest
Site 2 Fill Wetland 2 Scrub-shrub No Cor s 0.02
Site 2 Excavation Wetland 2 Scrub-shrub No Cor s < 0.01
Site 4 Fill (Wetland 4) Bottomland Hardwood Yes Corps 0.05
Forest
Site 5 Fill Wetland 5 Small Basin Wetland Yes Cor s 0.08
Site 5 Mechanized Clearing Small Basin Wetland Yes Corps < 0.01
Wetland 5
Site 6 Fill Wetland 6 Small Basin Wetland Yes Cor s < 0.01
Total 0.28
2h. Comments
There are no wetland impacts associated with Phase I of this project.
Five wetlands will be impacted in association with Phase II of this project. Wetland 1 will sustain
no impacts as a result of either phase of the project. Wetland 2 will sustain 0.02 acre of
permanent fill and less than 0.01 acre of permanent excavation as a result of Phase II
construction. Wetland 3 will sustain 0.08 of permanent mechanized clearing of the forested
wetland and 0.02 acre of permanent fill as a result of Phase II construction. Wetland 4 will
sustain 0.05 acre of permanent fill as a result of Phase II construction. Wetland 5 will sustain
0.08 acre of fill and less than 0.01 acre of inechanized clearing as a result of Phase II
construction. Wetland 6 will sustain less than 0.01 acre of permanent fill as a result of Phase II
construction.
3. Stream Impacts
Stream Type of Stream Name Perennial Type of Average Impact
Impact Impact (PER) or jurisdiction stream length
intermittent width (linear feet)
INT feet
Site 2 P Culvert UT Rock River S2 PER Cor s 15 95
Site 3 T Stabilization UT Rock River S2 PER Cor s 15 100
Site 5 T Temporary Rocky River PER Corps 50 34 (< 0.01
Work Pad ac
Site 7 P Stabilization Rock River � PER Cor s 50 20
Site 8 P Culvert UT Rock River S3 PER Cor s 7 275
Site 8 P Stabilization UT Rock River S3 PER Cor s 7 20
Total 544
4
3i. Comments
Total stream impacts are 544 feet of which 510 are permanent and 34 are temporary.
Only one stream will be impacted by Phase I of this project: Stream 3. 295 linear feet (If) of
stream will be permanently impacted. 275 If will be placed in culvert and 20 If will be stabilized.
Two additional streams will be impacted as a result of Phase II. Stream 2 will sustain 195 If of
permanent impacts (95 If of culvert and 100 If of stabilization). The Rocky River will sustain 20 If
of permanent stabilization along one bank and 34 �If of temporary impacts from a work pad
placed in the river during construction. ,
D. Impact Jusfification and Mitigation
4h. Comments
Stream impacts due to stream stabilization at Site 3 will occur both up and downstream of the
culvert. The stream channel in the vicinity of the existing culvert (both upstream and
downstream) is quite wide and may have been widened in the past. The initial (2014) design of
replacing and extending the existing culvert with a three barrel culvert.only required stabilizing
the banks downstream of the culvert. At the request of NCDWR personnel a single barrel (low
flow) culvert with two high flow barrels (floodplain culverts) was designed for this location. With
the redesign (2016) of the culvert into a low flow culvert it requires building 50 foot long
floodplain benches into the existing overly wide channel both upstream and downstream of the
culvert to create a low flow channel and direct the low flow into the center culvert. There will not
be any actual loss of stream footage from the construction of the floodplain benches but there
will a narrowing of the overwide channel and installation of bank stabilization measures on the
streambanks from the bottom of the stream channel to the floodplain bench.
Mitigation for streams and wetland will be provided by the NC Division of Mitigation Services.
F. Supplementary lnformation
5. Endangered Species and Designated Critical Habitat
Federall Listed S ecies Potentiall Occurrin in Cabarrus
Common Name Scientific Name
Carolina heelsplitter
Schweinitz's sunflower
Northern Lonq-eared bat
Lasmigona decorata
Helianthus schweinitzii
Status
Endangerec
Threatened
Threatened
There is no designated Critical Habitat for any Endangered or Threatened species located in the
project area.
5
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Vicinity Map
Derita RoadWidening Project
TIP U-4910
Cabarrus County, North Carolina
Date Figure
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U.S. ARM:Y CORPS OF ENGINEERS
WYLMINGTON DZSTRICT
Action Id. 2011-01493 County: Concord U.S.G.S, Quad: Kannanolis
NOTIFICATION OF�:TURiSDICTIONAL DETERMINATxON
Properly Owner/Agent: Citv of Coacord; Attn: Ms Sae Hvde Director of EngineerinQ
Address: P.O. Box 3Q8
Concord, NC 25026-0308
Property description:
Size
Nearest Waterway
USGS HUC
8D2 Iinear feet/ 0.33 acres Nearest Town Concord
Roc RiYer River Basin Uaper Pee Dee
03040105 Coordinates 35.3$248 N/ -80.721'14 W
Location desctiption The proposed pioiect site is approximatelV 2.6 miles in len�th located alon� exisfin� SR 1445
erita Road), between Concord Mills Boulevard and Poplar Tent Road, west of Y-85, in Cabarrus Coantv, North
Carolina. 35.38248 N and -80.72174 W.
Indicate Which of the FoIIowin� Applv:
A. Preliminary Determination
Based on preliminary information, there may be streams and wetIands on the above described property. We strongiy
suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be
considered itnal, a jurisdictional detennination must be verified by the Corps. This preliminary•determination is not an
appealable action under the Regulatory Prograr[t Administrative Appeal Process ( Reference 33 CFR Part 33 i).
B. Approved Determination
There are Navigable Waters of the UniEed States within the above described property subj ect to the permit requuements of
Section 10 of the R.ivers and Harbors Act and Section 40A� of the Clean Water Act. Unless there is a change in the law or
our pubIished regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are streams and wetlands on the above described property subject to the permit requirements of Section 404
of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon far a period not to exceed fve years from the date of this notiCecation.
„ We strongly suggest you have the streams and wetIands on your property delineated. Dne to the size of yoar properiy
andlor our presene workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a
more Eimely delineation, yon may wish to obtain a consultant. To be considered final, any delineation must'be verified by
the Corps.
, The stceams and wetlands �on your property have been delineated and the delineation has been vezified by the Corps.
We sirongly suggest you have this delineation surveyed. �Upon completion, this survey should be reviewed and verified by
the Corps. Once verified, this survey wi]l provide an accurate depiction of all areas subject to CWA jurisdiction on your
property which, provided there is no change in the law or our published regulations, may. be relied upon for a period not to
exceed fve years.
X The streams and wetlands have been deliueated and sux-veyed aud are accurately depicted on the nuaps dated
8/20I1 and labeled °'JurisdictionaE Featnres Der9ta Road V4'idening Project TIP U-491.0 Cabarx-us Couuty, Nortk�
Carolina �igure 3 and Figure 4." Unless there is a change in the law or aur published sege�latioas, this
determination may be relied upon for a period not to egceed five years frotn the date of this �uotificatiou.
'There are no waters of the U.S., to incIude wetlands, present on the above described property which are subject to the
permit requirements of Section 404 o£the Clean Watex Act {33 USC 1344). Untess there is a change in the iaw or our
published regulations, this determination may be retied upon for a period not to exceed fve years from the date of this
nofification. •
�
Action Id. 2011-01493
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Liz Hair at 828-271-7980.
C. Basis For Determination
The site contains wetlands as determined by the USACE 1987 Wetland Delineation Manual and the Eastern Mountain and
Piedmont Regional Supplement, and is adjacent to stream channels located on the properiy that exhibit indicators of ordinary
high water marks. The stream channels on the property include unnamed tributaries to Rocky River and the Rocky River itself,
which flows into the Pee Dee River and ultimately flows to the Atlantic Ocean.
D. Remarks
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant aze USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland determination from the local o�ce of the Natural Resources
Conservation Service, prior to starting work.
F. Appeals InformatlOn (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you m�st submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must deternune that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by
��**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.** • ' , �;,N,.,;a,�,�.,w„�,,,,�,�
HAIR.SARAH.E �"5,:;,5�„�„���
Corps Regulatory Official: Liz Hair A.1 0546935 1 2 ��EAtOH691512
—��arr��,ra��—
Date: December 20, 2011 Expiration Date: December 20. 2016
T'he Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to
do so, please complete the attached customer Satisfaction Survey or visit http://per2.nwp.usace.army.mil/survey.html to
complete the survey oaline.
Copy fumished: _
AECOM, Attn: Mr. Kevin Lapp, 701 Corporate Center Drive Suite 475, Raleigh, NC 27607
rc
Beverly Eaves Perdue
Governor
� i��
.Yr� ��r
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
Kevin Lapp
AECOM
701 Corporate Center Drive
Raleigh, NC 27607
Dee Freeman
Secretary
October 3, 2011
SUBJECT: On-Site Determination for Applicability to the Mitigation Rules [15A NCAC
2H .0506(h)], Derita Road Widening Project, U-4910, Cabarrus County
Dear Mr. Lapp:
Pofly Lespinasse of the Division of Water Quafity (DWQ} and Liz Hair of the U.S. Army Corps of
Engineers (USACE) met with you and other representatives from your consulting firm at the above
referenced site on September 28, 2011, in order to provide verification of potenfial jurisdictional
features previously identified by your consulting fiirm for the above referenced project. The features
were evaluated for applicability to the mitigation rules set forth in [15A NCAC 2H .05Q6(h)J. Based on
the site review, four {4) streams and six (6) wetlands were identified throughout the.project
boundaries. The determinations were based on completion of the NCDWQ Stream Identification
Forms, USACE Wetland Determination Data forms and an evaluation of existing site conditions. All
jurisdictionaf features, as identified by your consulting firm and included in the jurisdictional
verification package received August 11, 2Q11, will be considered accurate with the exception o#
Stream 1. The origin of Stream 1 shall be changed to a location approximately 25 feet upstream of
the previausly established origin.
This letter onfy addresses the applicability to the mitigation rules and does not approve any activity
within buffers, Waters of the United States, or Waters of the State. Any impacts to wetiands, streams
and buffers must comply with 404/4d1 regu{ations, water supply regufations (15A NCAC 2B .0216},
applicable buffer rules, and any other required federal, state and Iocal regulations. Please be aware
#hat even if no direct impacts are proposed to any protected buffers, sheet flow of all r�ew stormwater
runoff as per '15A NCAC 2B .0250 is required. .
Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local
Authority that a surface water exis#s and that it is subject ta the mitigation rules may request a
determination by the Director. A request for a determination by the Director shall be referred to the
Director in writing c/o Karen Higgins, DWQ 401 Permitting Unit, 1650 Mail Service Center, Raleigh,
NC 27699-'E650.
r�nooresvi�le Regiona� office
Loca6on: 610 East Cenler Ave., Suite 301 Mooresville, NC 28115
Phone: (704) 663-16991 Fax: (704) 663-604Q 1 Custorr�er Seroice:1 �877-623-6748
InlerneL httollportal.ncdenr.wqlwebhva
An Equal Opporlunity 1 A�Irmative Aclion Employer - 5094 Recycledl167o Posl Consamer paper
Ol1C
No thCarolina
��tur�rllr�
�
Kevin Lapp
Page Two
Individuals that dispute a determination by the DWQ or Delegated Local Authority that "exempts" a
surface water from the mitigation rules may ask for an adjudicatory hearing. You must act within 60
days of the date that you receive this letter. Applicants are hereby notified that the 60-day statutory
appeal time does not start until the affected parties (including downstream and adjacent landowners)
are notified of this decision. DWQ recommends that the applicant conduct this notification in order to
be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written
petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This determination is
final and binding unless you ask for a hearing within 60 days.
If you have any additional questions or require additional information please contact Polly Lespinasse
at (704) 663-1699. '
Sincerely,
� �,
Robert B. Krebs, Regional Supervisor
Surface Water Protection
cc: Liz Hair, USACE Asheville Field Office (electronic copy)
Karen Higgins, DWQ 401 Permitting Unit
File Copy
.
Mitigation Services
ENVIRONMENTAL QVALITY
August 2, 2016
Sue Hyde
City of Concord
PO Box 308
Concord, NC 28026-0308
Project: U-4910 Derita Road Widening
PAl MCCRORY
DONALI� R VAN DER �'.A,qR t'
�>
Expiration of Acceptance: February 2, 2017
County: Cabarrus
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept
payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the
table below. Please note that this decision does not assure that participation in the DMS in-lieu fee mitigation
program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility
of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must
also comply with all other state, federal or local government permits, regulations or authorizations associated with
the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification/CAMA permit within this time frame, this
acceptance will expire. It is the applicanYs responsibility to send copies of the permits to DMS. Once DMS
receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and
payment must be made prior to conducting the authorized work. The amount of the in-lieu fee to be paid by an
applicant is calculated based upon the Fee Schedule and policies listed at http://portal.ncdenr.org/web/eep,
Based on the information supplied by you in your request to use the DMS, the impacts that may require
compensatory mitigation are summarized in the following table. The amount of mitigation required and assigned
to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below.
River CU Location Stream (feet)
Basin (8-digit HUC)
Impact I Yadkin 03040105
. • .•
��
Warm Ri arian
544 a.25
Wetlands (acres} Buffer I Buffer II
_ (Sq. Ft.) (Sq. Ft.)
Coastal Marsh
0
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation
will be pertormed in accordance with the In-Lieu Fee Program instrument dated July 28, 2010 and 15A NCAC
02B .0295 as applicable. Thank you for your interest in the DMS in-lieu fee mitigation program. If you have any
questions or need additional information, please contact Kelly Williams at (919) 707-8915.
Since ely,
, 4�/
Ja e . B Stanfill
A Management Supervisor
cc: Crystal Amschler, USACE- Asheville
Ron Johnson, agent
Statc of'Nonh Carolina � Enviromnental Quality � Mitiga[ion Services
1652 Mail Sen�ice Center Raleigh, NC 2769y-1652 217 W', .fones Street, Suiie 3000
919 707 R976 T'