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STATE OF NORTH CAROLINA ~Fq
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY DIVISION OF HIGHWAYS W. LYNDo TIPPETT
GOVERNOR SECRETARY

July 15, 2008

North Carolina Division of Water Quality R '
401 Wetlands Certification Unit 081114
Attn: Mr. Brian Wrenn
2321 Crabtree Boulevard
Raleigh, NC 27604-2260

Subject: Secondary Road Improvements to SR 1931 (Benny Mills Road), Union County.
VMS Element Number 10.C090030 (DWQ Minor Permit Fee $240.00).

Dear Mr. Wrenn:

The North Carolina Department of Transportation (NCDOT) proposes to upgrade SR 1931
(Benny Mills Road) in Union County from an unpaved roadway to a paved roadway. The total
project length is 0.42 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. Benny Mills Road is scheduled for paving in the 2008-2009 Secondary
Roads Construction Program.

Protected Species

The subject project has been reviewed for the presence of federally listed threatened and
endangered species. NCDOT biologists believe that the construction of this project will have
"No Affect" on any federally listed 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 # 03040105) and would impact two

716 West Main Street, Albemarle, NC 28001 • [phone] 9 Fax [phone]

unnamed tributaries to Lanes Creek. There will be approximately 38 linear feet of permanent
impacts to the existing intermittent stream channel as a result of the proposed construction.

Avoidance/Minimization

The proposed impacts to the jurisdictional areas on this project have been minimized as much as
practical. NCDOT's best management practices for the protection of wetlands and surface
waters will be applied during all phases of project construction in an effort to eliminate any
further impacts.

Summary

The purpose of this letter is to request authorization to construct the proposed project under a
Section 401 Water Quality Certificate (WQC) No. GC3704.

If you have any questions or need any additional information concerning this project, please feel
free to contact Mr. Larry Thompson, Division Environmental Supervisor, at [phone].

Sincerely,

Barry S. Moose, PE

Division Engineer

BSM/LBT

cc: Polly Lespinasse, NDWQ
David Gillette, CME
Garland Haywood, BME
Area Field Operations Unit
File

2

SR 1931 (Benny Mills Road)
Union County

Office Use Only: Form Version March 05

USACE Action ID No. DWQ No. 2 0 0 8 1 1 1 4
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)

1. 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
Name:__ Barry Moose, P. E.
Company Affiliation: Division Engineer
Mailing Address:_ N. C. Department of Transportation
716 West Main Street
Albemarle, NC 28001

Telephone Number: [phone] Fax Number: [phone]
E-mail Address: bmoosena,dot.state.nc.us

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 Moose, P. E.
Company Affiliation: Division Engineer
Mailing Address: N. C. Department of Transportation
716 West Main Street
Albemarle, NC 28001

Telephone Number: [phone] Fax Number: [phone]
E-mail Address: bmoosekdot.state.nc.us

Page 1

SR 1931 (Benny Mills Road)
Union County

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: SR. 1931 (Benny Mills Road) Union County

2. T.I.P. Project Number or State Project Number (NCDOT Only): 10C.090030

3. Property Identification Number (Tax PIN):

4. Location
County: Union Nearest Town: Marshville
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): From the intersection of
US 74 and SR 1005 (Lansford Road) in the town of Marshville travel south on (Lansford
Road) 3.1 miles to SR 1929 (Philadelphia Church Road). Turn right onto Philadelphia
Church Road and travel 3.6 miles to SR 1003 (White Store Road). SR 1931 (Benner
Road is approximately 1.5 miles ahead, just off of White Store Road.

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): 34.885042/80.3887

5. Property size (acres):

6. Name of nearest receiving body of water: Lanes Creek

7. River Basin: Yadkin (Hydrologic Unit 03040105)
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.11C.uS,'admin1maps'.)

Page 2

SR 1931 (Benny Mills Road)
Union County

8. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: SR 1931 (Benny Mills Road is an unpaved secondary road in
Union County. The main land use in the vicinity of this project is agricultural and light rural
residential.

9. Describe the overall project in detail, including the type of equipment to be used: Benny
Mills Road will be graded, the drainage improved, a new base will be constructed and the
road paved. There are four cross pipes that will need to be replaced, two of which are
jurisdictional (Sta. 25+30 and Sta. 41+40). The work area will be cleared, as needed, and
erosion control devices installed. The following equipment will be used to construct the
proposed project: excavator, gxader, dump trucks, vibratory roller and paving equipment.

10. Explain the purpose of the proposed work: To improve the safety and service level of the
existing roadway.

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.
N/A

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)
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

Page 3

SR 1931 (Benny Mills Road)
Union County

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 38 feet of permanent
impacts to unnamed tributaries to Lanes Creek due to the construction of this project.

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 Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh 100-year Nearest Impact
, Floodplain Stream (acres)
(indicate on map) herbaceous, bog, etc.)
( es/no) (linear feet)

Total Wetland Impact (acres)

3. List the total acreage (estimated) of all existing wetlands on the property:

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 Average Impact Area of
Number Stream Name Type of Impact Perennial or Stream Width Length Impact
(indicate on ma) Intermittent? Before Impact (linear feet) (acres)
Replacing
Sta. 25+30 UT to Lanes Creek (32'x24") RCP perennial 18 Feet .0006
with a (50'06") 1.5 Feet
RCP
Replacing
Sta. 41+40 UT to Lanes Creek (40'x60") CMP perennial 20 Feet .001
with a (60'x72") 3 Feet
CMP
Total Stream Impact (by length and acreage) .0016

Page 4

SR 1931 (Benny Mills Road)
Union County

5. 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 Name of Waterbody Type of Waterbody Area of
Site Number Type of Impact (lake, pond, estuary, sound, bay, impact
(indicate on ma) (if applicable) ocean, etc.) (acres)

Total Open Water Impact (acres)

6. List the cumulative impact to all Waters of the U.S. resulting from the project:

Stream Impact (acres): .0018
Wetland Impact (acres): N/A
Open Water Impact (acres): N/A

Total Impact to Waters of the U.S. (acres) N/A
Total Stream Impact (linear feet): 38'

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:

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

Page 5

SR 1931 (Benny Mills Road)
Union County

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. The proposed stream impacts
have been limited to that which is necessary in order to reestablish a shoulder slope that can be
properly stabilized. The current crossing does not have stable shoulder slopes. Elevations have
been recorded for the existing pipe as well as the proposed replacement pipe in an effort to
minimize stream destabilization upon the installation of the new RCP and CMP The existing
gravel base averages 20 feet in width and the proposed paved roadway width is the same width.

With the current post-construction rules that are in effect for Union County, the NCDOT does
not anticipate negative impacts to Lanes Creek as a result of this project being constructed.
Surface waters not affected by the construction of this project will be protected from unnecessary
encroachment. The staging of construction equipment will not be allowed in or near
jurisdictional stream crossings. Sediment and erosion control devices will be monitored and
maintained during all phases of project 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
httr)://112o.enr.state. nC.LIS'nC~~etlaiicls'strnl ride.html

1. 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
and/or map, if offsite), affected stream and river basin, type and amount (acreagellinear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,

Page 6

SR 1931 (Benny Mills Road)
Union County

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
Program.

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
(919) 715-0476 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 http://h2o.enr.state.nc.us/~~rp/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 of Non-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

SR 1931 (Benny Mills Road)
Union County

1. 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* Impact Multiplier Required
(square feet) Mitigation
1 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
additional 20 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 213.0242 or.0244, or.0260. N/A

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
imperviouslevel. The existing gravel base averages 20 feet in width and the proposed paved roadway will
be 20 feet in width. There will not be an increase in the impervious area as a result of this project being
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.
N/A

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

Page 8

SR 1931 (Benny Mills Road)
Union County

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:

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).

July 15, 2008
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

Page 9

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RW SHEET N0.
ROADWAY DESIGN HYDRAuuCS
ENGINEER ENGINEER

O
CORA ~ TZER
DB IN PG 42

- \ HIGH POINT
LOW POINT '
2A80
HIGH POINT
2307 ~ I
/ CORA LEE SELTZER
ILLS
PC 344
CORA LEE SELTZER 05 E
NLLS /
DD7 PC7 / \ \
/
T /
/
/
cP
/
6
@! ROP 3 ROP 1571
a P+52 0 / / /
-x--x - x
c
m
9
P1 Star ""'+55.67 STEVEN ANSLEY
r A = 3950' 479 (LT) oe Nw Pc W
'(LT D = !419262
a 1 Stu 24+76-32 L 0535'
A - 2-T 5Y =
T D = 932575' = R WI
TI L ° 250.47' = 4001ri NOTES
T = 19LIB
i R = 600,W STEVEN ANAET
R30 Pc « 1. ALL SILT BASINS ARE 8' LONG X 4'
a WIDE X 2' DEEP UNLESS SPECIFIED
JOIN M. U LLs
JONATHAN EVAN
E
a DD 10A PG 30
c
/ SR 1931 KENNY MILLS ROAD
-cc
1 UNION COUNT Y
P I
SCALE r-w REVISIONS
o ° DATE 12112106
n
c;; LE
D4G. BY LA
oL
m- DESIGN BY LA
d APPROVED JSO
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u~
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a/
i