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HomeMy WebLinkAbout20020672 Ver 1_Complete File_20051102 \o?oY ?qIQ 4 ~C November 2, 2005 Dr. Gregory J. Thorpe, PhD., Manager Planning and Environmental Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina, 27699-1548 Re: Certification Pursuant to Section 401 of the Federal Clean Water Act, Modification to the Construction of US 74 (Monroe Bypass) from west of US 601 to existing US 74, Union County, TIP No. R-2559 B and C, Federal Aid Project No. NHF-74(8), WQC Project No. 20020672, WBS Element 34464.1.3 and 34464.1.6. WQC No. 3395 Dear Dr. Thorpe: Attached hereto is a modification to Certification No. 3395 issued to the North Carolina Department of Transportation on November 2, 2005. The attached modification authorizes the extension of the Water Quality Certification for an additional three years or until the 404 permit issued by the Army Corps of Engineers expires which ever is sooner. This modification is applicable only to the extension of the 401 Water Quality Certification. All the authorized activities and conditions of certification associated with the original Water Quality Certification dated October 2, 2002 and all other corresponding modifications still apply except where superceded by this certification. If we can be of further assistance, please do not hesitate to contact us. Sincerely, Alan W. Klimek, P.E. Director Attachments Modifications to WQC No. 3395 cc: Steve Lund, US Army Corps of Engineers Asheville Field Office Christopher Militscher, US Environmental Protection Agency - Region IV Polly Lespinasse, NC DWQ Mooresville Regional Office Central Files File Copy One i thCarolina Transportation Permitting Unit Naturally 1650 Mail Service Center, Raleigh, North Carolina 27699.1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: httr)://h2o.enr.state.nc.us/ncwetlands William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper APPROVAL OF 401 Water Quality Certification and ADDITIONAL CONDITIONS THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92- 500 and 95-217 of the United States and subject to.the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC.2H, Section .0500, and 15 NCAC 2B .0233. This certification authorizes the extension of the Water Quality Certification for an additional three years from the date of the cover letter or until the 404 permit issued by the Army Corps of Engineers expires, which ever is sooner. The project shall be constructed pursuant to the original application dated on April 19, 2002 (received April 29, 2002). The application provides adequate assurance that the discharge of fill material into the waters of the Yadkin-Pee Dee River Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. This approval is only valid for the purpose and design that you submitted in your application, as described in the Public Notice. Should your project change, you are required to notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If additional wetland impacts, or stream impacts, for this project (now or in the future) exceed one acre or 150 linear feet, respectively, additional compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to remain valid, you are required to comply with all the conditions listed below. In addition, you should obtain all other federal, state or local permits before proceeding with your project including (but not limited to) Sediment and Erosion control, Coastal Stormwater, Non-discharge and Water Supply watershed regulations. This Certification shall expire three years from the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding Corps of Engineers Permit, whichever is sooner. 1. All the authorized activities and conditions of the certification associated with the original Water Quality Certification dated October 2, 2002 and all other corresponding modifications still apply except where superceded by this certification. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. 2 a . This the 2na day of October 2005 DIV OF WATER QUALITY G -Alan W. Klimek, P. . Director WQC No. 3395 3 WAIF Michael F. Easley, Governor R Q? QG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources ? r? Alan W. Klimek, P.E. Director j Division of Water Quality October 2, 2002 Mr. Gregory J. Thorpe, Ph.D., Manager NCDOT Planning and Environmental Branch 1548 Mail Service Center Raleigh, NC, 27699-1548 Dear Dr. Thorpe: Re: Water Quality Certification Pursuant to §401 of the Federal Clean Water Act, Monroe Bypass from US 601 to existing US 74; Union County. TIP Project Nos. R-2559B and R-2559C. DWQ Project No. 020692 Attached hereto is a copy of Certification No. 3395 issued to The North Carolina Department of Transportation dated October 2, 2002. If we can be of further assistance, do not hesitate to contact us. Attachments cc: Steve Lund, USACE Asheville Field Office Samar Bou-Ghazale, NCDWQ Mooresville Regional Office Christy Putnam, Union County Stormwater Jim Loyd, City of Monroe Brian Matthews, Town of Stallings Shannon Deaton, NC Wildlife Resources Commission Robert Deaton, NCDOT Project Development & Environmental Analysis Scott Anderson Central Files File Copy ICU North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiands/ Sincerely, 1 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92- 500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 211, Section .0500. This certification authorizes the NCDOT to incur the following permanent impacts in the Yadkin-Pee Dee River Basin: ¦ 4.26 acres of jurisdictional riverine wetlands; ¦ 6,771 linear feet of jurisdicational stream channels in Union County, as described in the Application dated 19 April 2002. The project shall be constructed pursuant to the application dated April 19, 2002 filed to construct Monroe Bypass from US 601 to existing US 74 (TIP Project Nos. R-2559B and R-2559C). The application provides adequate assurance that the discharge of fill material into the waters of the state with the proposed development will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. This approval is only valid for the purpose and design that you submitted in your application. Should your project change, you are required to notify the DWQ in writing, and you may be required to submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If this project incurs additional wetland or stream impacts, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you are required to. comply with all the conditions listed below. In addition, you should obtain all other federal, state or local permits before proceeding with your project including'(but not limited to) Sediment and Erosion Control, Non- discharge and Water Supply watershed regulations. This Certification shall expire three (3) years from the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding Corps of Engineers Permit, whichever is sooner. Condition(s) of Certification: 1. The applicant must follow the appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual, whichever is more appropriate (available from the Division of Land Resources (DLR) in the DENR Regional or Central Offices) and shall be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to assure compliance with the appropriate turbidity water quality standard (50 NTUs in all fresh water streams and rivers not designated as trout waters and 25 NTUs in all lakes and reservoirs); 2. NCDOT shall use Best Management Practices for the Protection of Surface Waters (NCDOT March 1997), specifically using all applicable preventive and control measures during the design, construction and maintenance of this project. These measures shall be implemented prior to any ground-disturbing activities to minimize impacts to downstream aquatic resources. 3. During the construction of the project, the applicant shall strictly adhere to North Carolina regulations entitled, Design Standards in Sensitive Watersheds [ 15A NCAC 4B .0 124], within the entire project corridor. 4. NCDOT shall adhere to the requirements for WS-III Waters [15A NCAC 2B.0215(3)(b)] and WS-IV Waters [ 15A NCAC 2B .0216(3)(b)]. 5. Storm water shall be directed to flow as diffuse flow at non-erosive velocities across the stream buffers or to retention basins or pre-formed scour holes and shall not be routed directly into streams. Existing stream buffers shall not be mowed in order to allow them to be used for storm water diffuse flow. 6. Stream and Wetland Impact Sites ¦ Site 1 (plan sheet 6 of 25) The plans for Site l shall be revised to include the removal of the ditch from the flood plain and the addition of a pre-formed scour hole at the termination of the ditch. The ditch and scour hole shall be constructed according to the revised plans. ¦ Site 2 (Wetland Impact) NCDOT shall install a type "A" basin with a riser above the wetlands to ensure better sedimentation and erosion control. Sites 3, 10, and 15+15A (plan sheets 8, 17, and 22 of 25) Step pools and vegetated side slopes or similar stream design techniques must.be provided for the relocated stream channels shown on these site plans. The plans shall include typical cross sections and plan views that indicate the appropriate pool-to-pool spacing. The plans must be approved in writing by the NC Division of Water Quality, 401 Wetlands Unit before the stream and wetland impacts approved by this Certification occur. The channels must be constructed, planted and maintained in accordance with the approved plans before the Monroe Bypass is opened to traffic. Site 4 (plan sheets 9 and 10 of 25) Before any of the impacts approved by this Certification occur, an intensive, on-site evaluation must be conducted by NCDOT and NCDWQ to review the efficacy of using natural channel design techniques. Additionally, plans shall be developed based on this evaluation and must be approved in writing by the NC Division of Water Quality, 401 Wetlands Unit before the stream and wetland impacts approved by this Certification occur. The channels must be constructed, planted and maintained in accordance with the approved plans before the Monroe Bypass is opened to traffic. 7. The Meadow Branch Bridge shall be designed according to Best Management Practices for the Protection of Surface Waters (NCDOT March 1997). Specifically, the bridge decking shall not discharge storm water directly into the receiving water. 8. Prior to any construction activities, the NCDOT shall submit a maintenance plan for all storm water management facilities and hazardous spill catch basins associated with the project. The NCDOT shall be required to implement the maintenance plan for the life of this road. Sediment and erosion control devices shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored after the Division of Land Resources has released the project. 9. Live or fresh concrete shall not come into contact with waters of the state until the concrete has hardened. 10. There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this permit without appropriate modification of this Certification. If this occurs, compensatory mitigation will be required since it is a direct impact from road construction activities. 11. Placement of culverts and other structures in waters, streams, and wetlands shall be placed below the elevation of the streambed to allow low flow passage of water and aquatic life unless it can be shown to DWQ that providing passage would be impractical. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may. result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing by DWQ. 12. Mitigation: Compensatory mitigation. shall be the same as that approved by the US Army Corps of Engineers as long as the mitigation required equals a ratio of 1:1 restoration or creation of lost wetland acres as described in 15A NCAC 2H.0506 (h)(6). A report must be submitted to the NC Division of Water Quality that describes the final approved stream and buffer mitigation for this project within two (2) months of the issuance of the 404 permit issued by the Army Corps of Engineers. a. Wetland impacts of 4.26 acres of riverine wetlands in the Yadkin-Pee Dee River Basin (Hydrologic Unit 03040105). Compensatory mitigation will be provided at a ratio of 2:1 via in-lieu payments to WRP. b. Stream impacts total 6,771 linear feet in the Yadkin-Pee Dee River Basin (Hydrologic Unit 03040105). Compensatory mitigation consists of the following: ¦ 279 linear feet of on-site mitigation (using a 1:1 ratio). ¦ 13, 712 linear feet of off-site mitigation. (using a 2:1 ratio) via in-lieu payments to WRP. The stream restoration shall be performed and maintained according to approved plans before any mitigation credit is given. If this Office determines that the stream restoration or associated riparian area has become unstable, the stream shall be repaired or stabilized using only natural channel design techniques if possible. Additionally, the vegetation in the riparian shall be maintained and/or replaced according to the approved plans. Rip-rap and other hard structures may only be used if required by the Division of Land Resources or a Delegated Local Program. Additionally, all repair designs must be submitted to and receive written approval from this Office before the repair work is performed. Since the restored stream is proposed as compensatory mitigation for stream impacts, the restored portion and associated riparian buffer area shall be preserved in perpetuity through a preservation easement or some other legally binding mechanism or agreement. The above easement or other legally binding mechanism or agreement must be in place before any mitigation credit shall be given. Additionally, the stream physical and biological monitoring plan shall be followed and reports shall be submitted to this Office after the first year and every other year afterwards for a total of five (5) years. In accordance with 15A NCAC 2R.0500, this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2H.0506(h). Until plans are received and approved for the stream relocation using natural channel design, wetland or stream fill shall not occur. 13. In accordance with the findings of Indirect and Cumulative Analysis Nutrient Study for Monroe Bypass (September 2002) prepared by EcoScience Corporation and Indirect and Cumulative Analysis Land Use Analysis (September 2002) prepared by HNTB, the anticipated cumulative impacts from the Monroe Bypass shall be addressed via written agreements between NC Division of Water Quality and relevant Union County local governments concerning local land use. These agreements shall address the implementation of a. Riparian buffers; b. On-site storm water control measures for new development; and c. Enhanced sediment and erosion control best management practices (BMPs). NCDOT shall assist in the development and implementation of these measures as appropriate. 14. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wedands Unit of the Division of Water Quality upon completion of the project. 15. The Applicant shall require its contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification. Violations of any condition herein set forth shall result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal Permit. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that 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 certification and its conditions are final and binding unless you ask for a hearing. This the 2nd day of October 2002 DIVISION OF WATER QUALITY WQC No. 3395 020&7?40W ?d Y'm"n STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR LYNDo TIPPETT SECRETARY October 12, 2005 North Carolina Division of Water Quality 401 Wetland Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 k[Rr-"RqW[2I OCT 1 2 2005 - DENR - WATER QUALITY WETLANDS AND STORMWATER BRANCH ATTN: Mr. John Hennessy Dear Sir: SUBJECT: Request for Renewal of Water Quality Certification No. 3395, US 74 (Monroe Bypass) from west of US 601 to existing US 74, Union County; State Project No. 8.T690401; Federal Aid Project No. NHF-74(8); WBS Element No. 34464.1.3 & 34464.1.6, $475.00 Debit work order; TIP Project Nos. R- 2559 B and C This request is to renew Water Quality Certification No. 3395 (WQC), pursuant to section 401 of the Federal Clean Water Act, issued for the Monroe Bypass, TIP Project Nos. R-2559 B and C. Construction of the referenced project has not started and is not scheduled until 2006. Therefore, the North Carolina Department of Transportation (NCDOT) is requesting that the WQC No. 3395 be renewed. NCDOT agrees to adhere to the conditions listed in the certification with the following exceptions. On October 31, 2003, NCDOT submitted a letter requesting changes to stipulations under conditions 6 and 8 of the certification. The letter contained revised hydraulic information and permit drawings. Subsequently, your office sent NCDOT a letter dated December 3, 2003 acknowledging these changes. NCDOT will follow the stipulations for conditions 6 and 8 as outlined in the December 3, 2003 correspondence and provide the requested information prior to the pre-construction meeting. Since the Wetlands Restoration Program (WRP) is now the Ecosystem Enhancement Program (EEP), in-lieu payments required under condition 12 will be made to the EEP rather than WRP. MAILING ADDRESS: TELEPHONE: 919-733-3141 LOCATION: NC DEPARTMENT OF TRANSPORTATION FAX: 919-733-9794 TRANSPORTATION BUILDING PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET 1548 MAIL SERVICE CENTER WEBSITE: WWW.DON.DOT.STATE.NC.US RALEIGH NC RALEIGH NC 27699-1548 Lastly, condition 13 required buffer and stormwater ordinances to be enacted by Union County. These ordinances have yet to be enacted, but they have been drafted. NCDOT contacted Ms. Christie Putnum with Union County on August 4, 2005 for an update on the pending ordinance. According to Ms. Putnum, the draft ordinance was submitted to the Union County Board of County Commissioners on August 1, 2005. From that meeting, County staff incorporated comments received from the Commissioners and included further definition to the ordinance. The updated ordinance was submitted back to the Board of County Commissioners and Union County is in the process of developing a time line for final adoption. In compliance with Section 143-215.3D(e) of the NCAC, we will provide $475 to act as payment for processing the modification of the existing Section 401 WQC. At your earliest convenience, please provide NCDOT with a letter indicating renewal of the certification. In the meantime, if you have any questions or need additional information, please contact Mr. Chris Manley at 919-715-1487. Sincerely, Greg WhtalrXMZnagement Ph. Envi Director Project Development and Environmental Analysis Branch The "cc" List: Mr. John Hennessy, NCDWQ (7 Copies) Ms. Marella Buncick, USFWS Ms. Marla Chambers, NCWRC Ms. Becky Fox, USEPA - Whittier, NC Mr. Ronald Mikulak, USEPA - Atlanta, GA Mr. Clarence W. Coleman, P.E., FHWA Dr. David Chang, P.E., Hydraulics Mr. Greg Perfetti, P.E., Structure Design Mr. Mark Staley, Roadside Environmental Mr. B. G. Payne, P.E. (Div. 10), Division Engineer Mr. Larry Thompson (Div. 10), DEO Mr. Jay Bennett, P.E., Roadway Design Mr. Majed Alghandour, P. E., Programming and TIP Mr. Art McMillan, P.E., Highway Design Mr. Scott McLendon, USACE, Wilmington Mr. Carl Goode, PE, Human Environment Unit Head Mr. John Conforti, Project Engineer Mr. Michael Wood, LSS, Catena Group y T Alan W. Klimek, P.E., Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality December 3, 2003 Mr. Gregory J. Thorpe, Ph.D., Manager NCDOT Project Development and Environmental Analysis 1598 Mail Service Center Raleigh, NC 27699-1598 Dear Dr. Thorpe: RE: Compliance with Conditions 6 and 8 of Water Quality Certification No. 3395, Monroe Bypass from US 601 to existing US 74; Union County. TIP Project Nos. R-2559B and R-2559C. DWQ Project No. 020692 The NC Division of Water Quality has reviewed your letter of October 31, 2003 in regard to the conditions in the above-referenced project. Specifically, NCDOT is addressing how they will comply with the requirements contained Conditions 6 and 8. Condition 6 requires site-specific measures to reduce the impacts of stormwater runoff for sites 1, 3, 4, 10, 15 and 15A. NCDOT Hydraulics Unit revised the plan drawings to reflect compliance. DWQ understands that NCDOT will be using step pools and bioengineering for Sites 3, 10, 15 and 15A due to topographic constraints. However, when the valley slope is less than 2%, benches will be created. NCDOT is reminded that Condition 6 for Site 4 requires an intensive, on-site evaluation to review the efficacy of using natural channel design techniques prior to incurring stream and wetland impacts for the Monroe Bypass project (R-2559B & C). Condition 8 requires a maintenance plan for storm water management facilities and hazardous spill catch basins. This was submitted by NCDOT in Appendix C in the October 31, 2003 correspondence. DWQ has reviewed the plan. Maintenance of storm water management facilities was not addressed. In regard to the development of a hazardous spill catch basin maintenance plan, DWQ advises that the following issues be addressed: Operation and Maintenance Recommendations ¦ Maintenance plans for constructed basins should be developed in accordance with Best Management Practices (BMPs) and good engineering practices. Additional guidance for properly maintaining containment basins can be found at 40 CFR Part 112, § 112.7, et al. (Spill Prevention Control and Countermeasures). ¦ Inspections of the hazardous spill catch basin and opening/shuttirig of the gate should be performed annually at a minimum, and within six (6) months after a spill incident to ensure integrity of the catch basin. ¦ Repairs should occur in a timely manner. ¦ Tracking: NCDOT should provide annually, a site location map of all hazardous spill catch basins and similar devices to Federal (USEPA, USCG), DENR, State Emergency Response Coordinator, and all applicable county and urban center response groups. Each NCDOT Division should have a map indicating locations of hazardous spill catch basins. ¦ Signage indicating the presence of a hazardous spill catch basin (or similar device) should be provided. N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (htto://h2o.enr.state.nc.us/ncwetlands) Customer Service #: 1-877-623-6748 WATFA Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources -1-norpe Fage 2 December 3, 2003 Compliance with Conditions of Monroe Bypass R-2559B and C ¦ Please provide information as to the parties responsible for performing maintenance on the devices. NCDOT shall provide NCDWQ with two (2) two copies of the final construction drawings prior to the pre-construction meeting. Written verification shall be provided that the final construction drawings comply with the permit drawings contained in the Application dated April 19, 2002 and the hydraulic design revisions in the October 31, 2003 letter (Appendix A and B). If you have any questions, please contact Ms. Cynthia Van Der Wiele at 919.733.5715. Cc: David Chang, NCDOT Hydraulics Design Unit Raleigh Field Office US Army Corps of Engineers DWQ Winston-Salem Regional Office Marshall Clawson, NCDOT Hydraulic Design Unit Phillip Todd, NCDOT PDEA Coleen Sullins Cynthia Van Der Wiele, DWQ File copy Central files yjy ? ?F o N rb? ??Q •n 01MM+?? STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 GOVERNOR September 22, 1999 MEMORANDUM TO: Mr. R. L. Hill, P.E., Manager Highway Design Branch C) 20Cr`7 Vl 1 U!/? DAVID MCCOY . SECRETARY FROM: G William D. Gilmore, P.E., Manager C • ?? Planning and Environmental Branch SUBJECT: WETLAND AND STREAM IMPACTS FOR R-2559, MONROE BYPASS, UNION COUNTY. On September 14, a pre-application field meeting was held for the subject project. In attendance were representatives of the U. S. Army Corps of Engineers and NCDOT personnel. The wetland and stream impacts were reviewed. The following is a list of concerns and comments that were voiced at the meeting followed by the stream jurisdictional listing. R-2559 B 209+80: The drained pond is not to be considered a wetland. Eliminate impacts from plans. R-2559 C 90+00 to 94+00: This is a high quality headwater system. The agencies requested DOT shift the alignment to minimize or avoid the stream impacts. 49+00 to 50+20: There appears to be some inaccuracies on the eastern wetland boundary that needs to be clarified. Also, can DOT investigate the costs and feasibility of increasing the bridge length and decreasing the wetland impacts? At a minimum, a safe wildlife crossing (bridged floodplain or culvert) needs to be provided. -Y2- 16+00 to 17+00: The ditching through wetland needs to be deleted. -Y6-REV 23+40 to 23+60: The full extent of the wetland has not been delineated. This needs to be completed and incorporated into the plans. 2 Miscellaneous Issues The final impact summary sheet should also include impacts from detours and Y lines. All proposed channel relocations throughout the project area should make every effort to minimize piping and maximize channel relocations. All relocations should be designed to replicate natural dimensions, pattern and profile, include natural substrates and riparian vegetation by using WRC Stream Relocation Guidelines. Complete relocation plans need to be provided with the permit application if DOT expects to obtain any onsite credit for stream restoration. Jurisdictional Streams The following lists the jurisdictional streams that will be impacted for each section. While all linear feet of channel being impacted must be reported on the summary sheet, only those channels where the impacts exceed 150 feet must have drawings prepared. R-2559 B 169+40 181+00 Within groin of Ramp 2D 196+60 209+20 211+80 to 212+40 (only the 2 western streams) 219+60 227+60 and 227+80 (2 stream) 231+00 R-2559 C 15+00 19+00 21+50 24+00 to 28+20 -Y2- 16+00 to 17+00 44+80 44+80 outside Ramp A 49+20 -Y4- Rev 14+40 54+80 65+60 80+60 to 82+00 83+20 -LI-REV B 23+40 In order to help expedite the permitting process, a statement will be needed which explains why any of these avoidance/minimization measures cannot be taken. Michael Wood of the Natural Systems Unit is the contact person for-this project. If you need additional information, please contact him at (919) 733-1194. 1 appreciate your attention to this matter. cc: Jean Manuelle, ACOE Raleigh John Hennessy, DWQ David Cox, WRC Scott Blevins, Design Services Jenny Summerlin, Hydraulics JAMES B., HUNT JR. GOVERNOR STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION P.O. BOX 25201, RALEIGH, N.C. 27611-5201 September 22, 1999 MEMORANDUM TO FROM: SUBJECT: Mr. R. L. Hill, P.E., Manager Highway Design Branch William D. Gilmore, P.E., Manager Planning and Environmental Branch Q z c: Ct VA i ?Vl DAVID MCCOY SECRETARY d?'a', WETLAND AND STREAM IMPACTS FOR R-2559, MONROE BYPASS, UNION COUNTY. On September 14, a pre-application field meeting was held for the subject project. In attendance were representatives of the U. S. Army Corps of Engineers and NCDOT personnel. The wetland and stream impacts were reviewed. The following is a list of concerns and comments that were voiced at the meeting followed by the stream jurisdictional listing. R-2559 B 209+80: The drained pond is not to be considered a wetland. Eliminate impacts from plans. R-2559 C 90+00 to 94+00: This is a high quality headwater system. The agencies requested DOT shift the alignment to minimize or avoid the stream impacts. 49+00 to 50+20: There appears to be some inaccuracies on the eastern wetland boundary that needs to be clarified. Also, can DOT investigate the costs and feasibility of increasing the bridge length and decreasing the wetland impacts? At a minimum, a safe wildlife crossing (bridged floodplain or culvert) needs to be provided. -Y2- 16+00 to 17+00: The ditching through wetland needs to be deleted. -Y6-REV 23+40 to 23+60: The full extent of the wetland has not been delineated. This needs to be completed and incorporated into the plans. 2 Miscellaneous Issues • The final impact summary sheet should also include impacts from detours and Y lines. • All proposed channel relocations throughout the project area should make every effort to minimize piping and maximize channel relocations. All relocations should be designed to replicate natural dimensions, pattern and profile, include natural substrates and riparian vegetation by using WRC Stream Relocation Guidelines. Complete relocation plans need to be provided with the permit application if DOT expects to obtain any onsite credit for stream restoration. Jurisdictional Streams The following lists the jurisdictional streams that will be impacted for each section. While all linear feet of channel being impacted must be reported on the summary sheet, only those channels where the impacts exceed 150 feet must have drawings prepared. R-2559 B 169+40 181+00 Within groin of Ramp 2D 196+60 209+20 211+80 to 212+40 (only the 2 western streams) 219+60 227+60 and 227+80 (2 stream) 231+00 R-2559 C 15+00 19+00 21+50 24+00 to 28+20 -Y2- 16+00 to 17+00 44+80 44+80 outside Ramp A 49+20 -Y4- Rev 14+40 54+80 65+60 80+60 to 82+00 83+20 -L 1-REV B 23+40 In order to help expedite the permitting process, a statement will be needed which explains why any of these avoidance/minimization measures cannot be taken. Michael Wood of the Natural Systems Unit is the contact person for-this project. If you need additional information, please contact him at (919) 733-1194. I appreciate your attention to this matter. cc: Jean Manuelle, ACOE Raleigh John Hennessy, DWQ David Cox, WRC Scott Blevins, Design Services Jenny Summerlin, Hydraulics v ?DrY? ?/ o??s ? ???/aZ _ ?/ ?O" n? ? ?1 rA? -- WIA- - - ------C m i° r?-stir c Sses ` inns dln 110E lM MAA 0 _ I'V v - Z LL- - - - --= . -- -- - -------- -- -- -- - - v 1 kv cpc' 0 C& (k (6tt _- _._._ ? _?___._ __. __M?_?_..? _w_.?A ? ?___._.. _..__..__?_._?___.._._.__.__?__ ._____._a____.v?___._?. ZIP- re aTwi wvJ S. o/lo of /4w-e4 ZitsTtca ?,llI??ts__ ?? ? (Y?Aen! G?'i1 PAT o ???' ? .C21? A w t W Q ?O cg X1(.1 ?T r? ? ? ? o ? iD ? ? 1. ` e c ®.?c?n kJ s ?.? ? _ ? "? N?O?, mn (' rn?.?? I ° L _. ,, ?A syvye- " S5 C- rr_l . . .. ... .. . . Re: [Fwd: [Fwd: R-2559 (Monroe Bypass) Meeting Details]] Subject: Re: [Fwd: [Fwd: R-2559 (Monroe Bypass) Meeting Details]] Date: Mon, 01 Apr 2002 14:16:41 -0500 From: Coleen Sullins <Coleen. Sullins@ ncmai l.net> Organization: NC DENR DWQ To: John Dorney <john.dorney@ncmail.net> CC: Dennis Ramsey <dennis.ramsey@ncmail.net>, "john.hennessy" <john.hennessy@ncmail.net>, Cynthia Van Der Wiele <cynthia.vanderwiele@ncmail.net> I agree that we need to go to the meeting (the royal we, that would be you, glad to hear Cynthia is recovering). I also agree that we should use the concept that we have discussed with Robin and will this Friday with DOT. It appears that once the 2000 census is officially "released" (by the Census Bureau, not us), that Monroe will become subject to the Phase H program. There may also be other programs that are effective in that area (WS, ...). Union County also falls into the program, so development in areas surrounding are going to become subject to the program as well. Coleen John Dorney wrote: i said yes to this meeting next Monday but need your advise. apparently the DOT Board member and County COmmissioners/City Comissioners (Union County and Monroe, respectively) have had this meeting planned for some time. Larry Thompson (DOT) had emailed cynthia about the meeting but she was out of the country (and then sick [but getting better!]) so he did not hear from her. according to larry thompson, the city/county folks (and board member) want to know what they need to do from a land use/stormwater management perspective to address cumulative impact issues for the monroe bypass. i told him that i (we) could not say anything definitive but that we (DOT, DWQ) were making a similar presentation to Knightdale tonite and that I was going to talk to the DOT/DENR Senior Management about a draft cumulative impact policy this fiday. I could then go to Monroe next Monday morning to bring them up to speed as to where we are heading but could not say exactly what they (Monroe and Union County) need to do until we have a change to finalize the policy and determine how it would affect this project. there is obviously danger in attending this meeting but equal danger in not attending. cynthia cannot go with me (of course pete is gone!) since she has a doctor's appointment. john h could go with me to help take some questions esp in relation to the knightdale situation your thoughts? Subject: [Fwd: R-2559 (Monroe Bypass) Meeting Details] Date: Mon, 01 Apr 2002 09:15:50 -0500 From: Larry Thompson <LThompson@dot.state.nc.us> Organization: North Carolina Department of Transportation To: john.domey@ncmail.net John, 1 of 3 4/6/02 1:34 PM Re: [Fwd: [Fwd: R-2559 (Monroe Bypass) Meeting Details]] As per my voice mail message, here is the last e-mail that I sent out regarding the R-2559 meeting. Again, I realize this is very short notice. I wish I had known that Cynthia was not well, I could have copied you in on this from the beginning... Any help you could offer would be appreciated! Thanks, Larry Thompson Division Environmental Officer 10th Highway Division 704-982-0101 Larry Thompson wrote: Dear Participant: The R-2559 (Monroe Bypass) follow up meeting has been scheduled to be held in Monroe on April 8th, beginning at 11:00 a.m. We will be meeting in the Jefferson Room of the Union County Public Works Building which is located at 400 N. Church Street, downtown Monroe. Lunch will be provided. We would like to begin by summarizing the December 19th meeting before lunch and beginning discussions as to how we can address potential indirect and cumulative impacts associated with this project afterwards. Please feel free to contact me with any questions that you may have regarding this e-mail. I can be reached at (704) 982-0101. Directions to follow. Larry Thompson Division Environmental Officer 10th Highway Division Directions: If you are traveling east on US-74 from Charlotte, you will exit right onto the US 601-N. / NC-200 S. ramp and turn right onto NC-200 S. (Skyway Drive). Turn left onto Church Street and the Public Works Building will be on your left. If you are traveling west on US-74 from Wadesboro, the off ramp will be on the right directly underneath the US-601 N. / NC-200 S. overpass. You will bear right onto NC-200 S. (Skyway Drive). If traveling in on US-601 from Concord, US-601 will become NC-200 S. (Skyway Drive). Turn left onto Church Street and the Public Works Building will be on your left. The following is a link to a navigable map with 400 N. Church Street highlighted: 400 N. Church Street 2 of 3 4/6/02 1:34 PM Re: [Fwd: [Fwd: R-2559 (Monroe Bypass) Meeting Details]] Larry Thompson wrote: Dear Recipient: Joe Lesch, Union County Assistant Manager, has informed me that the majority of those who responded to his March 6th e-mail requesting a follow up meeting concerning the R-2559 (Monroe Bypass) project would not be able to attend on March 25th, due to a scheduling conflict. The next available meeting date will be April 8th. I need your help in confirming this date and I would appreciate hearing from each of you regarding your availability. The exact time and location of this meeting will be decided once we know that this date is suitable. At our next meeting, we would like to summarize the December 19th discussions and then begin to formulate a plan to minimize potential indirect and cumulative impacts that may be associated with the Monroe Bypass. I look forward to seeing you on the 8th! Regards, Larry Thompson Division Environmental Officer 10th Highway Division (704) 982-0101 3 of 3 4/6/02 1:34 PM DRAFT Internal Policy Cumulative impacts and the 401 Water Quality Certification and Isolated Wetland Programs NC Division of Water Quality April 4, 2002 Version 1.2 Background Existing rules for the 401 Water Quality Certification Program (15A NCAC 2H .0506(b)(4) and (c)(4)) as well at those for the Isolated Wetland Permit Program (15A NCAC 2H..1300) require that DWQ determine that a project "does not result in cumulative impacts, based upon past or reasonably anticipated future impacts, that cause or will cause a violation of downstream water quality standards." This internal policy is meant to give direction to DWQ Central and Regional Office staff on how to implement this rule. It is important to note that the rule requires an examination of cumulative impacts in terms of their impact on downstream water quality standards. This is a relatively narrow provision that requires DWQ staff to focus on downstream standards (narrative and numeric) rather than (for instance) the effect of the development on wildlife habitat. Therefore, only if that impact may (or will) cause a violation of downstream water quality standards is the project of concern in the context of cumulative impact. However, water quality standards form the basis of all water quality regulation and permitting programs. This rule (although narrow in its scope since in focuses on downstream water quality) provides an essential tool for DWQ to use to manage cumulative impact. Policy 1. DOT (and other public transportation) projects The major types of DOT projects and their need for different levels of cumulative analysis are outlined below: A. Wideninjz solely on existing location and bridge replacements - These projects normally have a low potential for cumulative impact since little new impervious surface is added and the projects generally do not encourage growth. Therefore a narrative cumulative impact analysis similar to that outlined in the DOT/DENR SEPA document (Guidance for Assessing Indirect and Cumulative Impacts of Transportation Projects in North Carolina. Volumes I and II. 2000, State of North Carolina Department of Transportation and Environmental and Natural Resources. prepared by The Louis Berger Group, Inc., Cary, N.C.) should suffice for the 401 Certification and Isolated Wetland permitting programs. B. Widening with new locations: Most of these projects have a low potential for cumulative impacts and the narrative analysis discussed above should suffice. If DWQ staff determines that a project which proposes widening with new location may have growth-stimulating effects and downstream impacts, then a quantitative analysis should be required of the applicant (see below). C. New location projects: Many of these projects will have growth-stimulating effects and therefore may result in cumulative impacts to water quality. The overall process to deal with new location projects is to address these three questions in sequence. 1 Is growth likely to be induced by the project? 2 Are existing uses of the water (as reflected in the classification of the waters) likely to be impacted by the growth? 3 Are additional regulatory measures needed? (i.e., are there existing regulatory programs which can address these impacts?). If the answers to all three questions of these questions are yes, then a quantitative analysis of cumulative impact would be needed for the 401 Water Quality Certification. The following information describes this process in more detail a) Water Supply, HQW and ORW classifications - Projects have the greatest potential for cumulative impacts since they often provide improved access to previously inaccessible sites. DWQ has several existing regulatory programs that address cumulative impacts. Specifically, the Water Supply Protection Program as well as the watershed-specific management plans for ORW and HQW watersheds provide considerable protection from cumulative impact on downstream water quality. In addition, DWQ often relies on other state permitting programs such as the High Quality Waters Best Management Practices developed by the Division of Land Resources for protection of water quality. DOT reports for these projects should describe and analyze these existing programs for a particular project to determine if they sufficiently protect these sensitive waters. In most cases, a narrative analysis based on the DOT/DENR SEPA report with clear reference to these existing DWQ permitting program as well as a description of the effectiveness of these programs in protecting water quality, should be sufficient. However, if DWQ staff determines that a project appears to have growth-stimulating effects and downstream impacts that are not addressed by existing regulatory programs, then a quantitative analysis may be required. b) Class C, B, SC and SB classifications - The potential for cumulative analysis from these projects should be discussed utilizing the narrative analysis described above for these stream classifications. If significant potential for cumulative impact is identified (for instance due to the presence of endangered aquatic species), then a quantitative analysis may be required. c) Impaired Waters (303 (d) listed Water)s and Trout classification - These waters warrant special attention with respect to cumulative impact analysis since there are often no existing regulatory programs of which adequately address pollution sources for these waters. With respect to the impaired waters, the reported parameter of concern and source (point versus non point) of the contaminant should be examined to determine if the new location road and any induced development are likely to further impact these waters. For instance, if the impaired water is listed as impaired for dioxin from point sources, it is very unlikely that a new road and its associated development would exacerbate the situation. In this case, a narrative analysis of cumulative impacts will usually suffice. However, for Trout waters and impaired waters which are impaired by pollutants likely increased by development (such as nutrients or sedimentation), then a detailed, quantitative analysis should be conducted by DOT to determine 1) if cumulative impacts are likely and then 2) what pollution control measures will be needed and how they are to be implemented. This analysis will often require watershed-level modeling using export coefficients, levels of treatment for BMP's and comparison to numerical water quality standards or numeric water quality goals. With respect to implementation, discussion with and commitment from local governments may be needed to address these cumulative impacts. II. Other publicly-funded development projects Other publicly funded development projects may or may not result in cumulative impacts. For instance, the development of a regional, public park or a new library is unlikely to result in cumulative impacts. For these projects, a narrative analysis similar to that described in the DOT/DENR SEPA document should suffice. However, other projects will likely result in cumulative impacts and therefore, should require quantitative analysis similar to that outlined for DOT projects on new location (see Section I.C. above). Examples of projects in this category would be projects targeted to encourage development such as the Global TransPark and a county-funded industrial park. DWQ staff should use their professional judgment to determine if a publicly funded project is likely to result in cumulative impacts and would then need a quantitative analysis of this impact. 2 III. Private development projects Privately funded development projects are normally not subject to SEPA or NEPA and therefore, only rarely require formal environmental documentation. However, if these projects require 401 Water Quality Certification, then the cumulative impact provisions of these rules are applicable. Many private development projects are unlikely to cause cumulative impacts, including projects such as urban in-fill, most residential subdivisions, and small commercial developments as well as agricultural and silvicultural operations. However, these projects may cause significant direct impacts on water quality. Therefore if a 401 Water Quality Certification is required, then either a numeric or narrative analysis of cumulative impact would be needed. Some private development projects can clearly result in cumulative impact. Recent examples of this effect include the Streets at South Point Mall in Durham and the Landfall development in Wilmington. Often these developments are 1) relatively large, 2) involve commercial development, and 3) occur in otherwise relatively undeveloped landscapes with an impact on regional growth patterns. When these or similar characteristics are present with a private development project, then DWQ staff should use the guidance outlined in Section I.C. above to determine if a quantitative analysis of cumulative impacts is needed or whether a narrative analysis will be sufficient. 3 MAR 0 2002 STATE OF NORTH CAROLINA f?CtEl,,, 'TV DEPARTMENT OF TRANSPORTATION - MICHAEL F. EASLEY 1501 MAIL SERVICE CENTER, RALEIGH, N.C. 27699-1501 LYNDO TIPPETT GOVERNOR SECRETARY March 6, 2002 MEMORANDUM TO: Ms. Debbie Barbour, Manager Highway Design Branch FROM: William D. Gilmore, P.E.; Manager Project Development and Environmental Analysis SUBJECT: WETLAND AND STREAM IMPACTS FOR R-2559 B and C, MONROE BYPASS, UNION COUNTY. On March 5, 2002, a pre-application field meeting was held for the subject project. In attendance were representatives from the U. S. Fish and Wildlife Service, North Carolina Division of Water (duality (DWQ), and North Carolina Wildlife Resource Commission. The wetland and stream impacts were reviewed. The following is a list of concerns and comments that were voiced at the meeting. Each site is referenced by the number that was assigned to that site in the permit drawings provided during the February 21, 2002 hydraulic review meeting for the subject project. R-2559 B Location Map: Why is the proposed road shown beginning as a stub west of US 601? This pre-determines the end/start point for a future project, which would have to be considered under the NEPA process.' Site 2: This headwater wetland received the second highest DWQ wetland rating of all the wetlands on the project. It also is the second highest in acres of impact (0.76). Can NCDOT shift the road slightly to the west and thus avoid impacting this high quality site? Secondly, the half-sized planning sheets show further wetland impacts due to construction of Service Road No. 5. However, this additional impact is not shown on the permit drawing. Can NCDOT clarify this discrepancy? PHONE 919-733-2520 FAX 919-733-9150 Site 13: The impact summary table lists a site 13 with wetland and pond impacts However, there is no site 13 shown on the Location Map nor is there a permit drawing of this site. Can NCDOT clarify this discrepancy? R-2559 C Site 1: The stream at this site runs parallel to SR 1751. Can NCDOT lengthen the proposed bridge over this road and thus avoid filling this channel? Site 2: As proposed, this will be the longest surface water impact on the project. Is there anyway for'NCDOT to shift the roadway out of the valley and avoid this quality headwater stream? The agencies are aware that NCDOT has previously addressed this issue and noted that the shift north would result in additional stream impacts due to -Y- Line adjustments. However, given the quality of the current stream, can a quantitative and qualitative comparison be performed that compares the different impacts. Also, it appears on the provided USGS topographic maps, that a slight shift to the south may allow NCDOT enough room to construct along the ridge between the two streams. It would be appreciated if NCDOT could provide further explanations regarding this site. Site 4: While the., agencies appreciate the efforts to maintain Spring Branch in its existing channel wherever possible under this interchange, considering the amount of impact that will occur to the surrounding area, NCDOT should consider the entire length of stream within the project limits as impacted. Site 5: This is the highest rated wetland on the project and also constitutes 37% of the total impacts for this project. Considering these two facts and given the commitment of NCDOT to bridge high quality wetlands in the state (which was issued after NCDOT previously addressed avoidance, and minimization for this project), the agencies believe NCDOT should bridge the entire wetland. Site 13: The wetland impacts at this site need to be itemized by wetland and the wetlands need to be given separate site numbers. Site 14: The larger of the two wetlands that are collectively grouped as Site 14 is attenuating much of the surface run-off from the road and parking lot across the street. Can NCDOT design some structures that will help replace these wetland functions that will be lost as a result of the project as opposed to ditching the run-off straight to the creek? Also, the wetland impacts at this site need to be itemized by wetland and the wetlands need to be given separate site numbers. Miscellaneous Issues • It appears there has been little consideration given to incorporating specific on-site measures into the design that will help replace some of the wetland and stream functions that will be lost as a result of this project. Can NCDOT review the plans and consider some "out-of-the box" measures to minimize jurisdictional impacts? • The resource agencies are aware that many of the issues that resulted from this field review should have been raised at the field review conducted September 14, 1999. However, eacH of the individuals representing the agencies have changed since that time as have some of the rules, regulations, and policies governing jurisdictional impacts and the NEPA process, for both the agencies and NCDOT.. There also is a lack of any minimization efforts from NCDOT anywhere on this project. Taking all this into account, the agencies believe NCDOT needs to review the project design, especially the areas noted above, and incorporate further avoidance and minimization measures. In order to help expedite the permitting process, a statement will be needed which explains why any of these avoidance/minimization measures cannot be taken. Michael Wood of The Catena Group is the contact person for this project. If you need additional information, please contact him at (919) 732-1300. I appreciate your attention to this matter. cc: Steve Lund, USACE Asheville Marella Buncick, USFWS Asheville Cynthia Van De Weile, DWQ Pete Colwell, DWQ MaryEllen Haggard, WRC Scott Blevins, Design Services Marshall Clawson, Hydraulics Larry Thompson, Division 10 DEO Charles Bruton, PWA Randy Turner, PDEA.\ Bruce Ellis, PDEA Michael Wood, The Catena Group „a SPATE IIIvnJ 3 '{ j ?7 in tl DEC 2 ` 1QDo STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 GOVERNOR December 9, 1999 U.S. Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of Neuse Road Suite 120 Raleigh, NC 27615 ATTN: Ms. Jean Manuelle NCDOT Coordinator Dear Madarn : DAVID MCCOY SECRETARY SUBJECT: AVOIDANCE & MINIMIZATION MEASURES FOR THE MONROE BYPASS, UNION COUNTY. TIP R-2559. On September 14, a pre-application field meeting was held for the subject project. As a result of that meeting, a memo listing the high quality areas that required further avoidance and minimization investigations, mainly at two sites, was submitted to the NCDOT designers. The following are the results of the investigations. R-2559 C Headwater Stream. There was a high quality headwater system from station 90+00 to 94+00. NCDOT examined shifting the alignment either in order to avoid or minimize the impacts. Any shift to the north would result in an increase the amount of construction required on the -Y- lines in the relocated area because the mainline is in a valley. The northerly shift would force the mainline grade to be higher to reduce earthwork which in turn would extend -Y- line construction to the north. This would impact streams currently outside the construction limits and therefore reduce the overall benefit of the shift. In addition, any shift would require reverse curves that are not desirable for this type of facility. A shift south would impact larger streams. Therefore, NCDOT proposes to leave the design as is. NCDOT also examined possible ways to relocate the channel as a natural stream design. However, due to the steep topography on either side of the road, it is not feasible to design a natural channel. Therefore, the impacts will be mitigated for off-site. 2 2. Meadow Branch. The wetland boundary was extended to the interface between the toe of slope of the agricultural fields and the vegetated floodplain, as determined during the field review. The current proposed bridge length is 164 ft, which would leave approximately 10 feet of floodplain for wildlife and hydrologic passage on the west bank and 60 feet on the east bank. NCDOT evaluated the reduction in wetland impacts for extended bridge lengths. Table 1 shows the results of this investigation. Considering the increase in costs versus the acres of wetlands saved, NCDOT believes the current design is appropriate for this site. However, two equalization pipes will be installed along the eastern floodplain to facilitate the passage of water throughout the floodplain. Table 1 - Meadow Branch Bridge Alternatives Alternative Bridge Length (ft) Wetland Impacts (ac) Cost (millions) Current 164 1.5 13 Alt. 1 541 0 4.4 NCDOT proposes to continue with the current design at both of these areas. NCDOT requests concurrence from the resource agencies on these points. Please sent your comments or address any questions to Mr. Michael Wood of the Natural Systems Unit at (919) 733-1194. Sincerely, YC William D. 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C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS UNION COUNTY PROJECT: 8.T690401 (R-2559C) US 74 FROM WEST OF RICHARDS( CREEK TO EXISTING US 74 SHEET OF 11/19/" MAP 2 SITE 13 SITE 6 SITE 5 SITE, MAP I aft cpla MEIN 0 0611 (SR /7M) s94 /?` -SITE 3 ?o IFf` 441 ?` N. C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS UNION COUNTY PROJECT: 8.T690401 (R-2559C) US 74 FROM WEST OF RICHARDSO CREEK TO EXISTING US 74 SHEET OF 11/19/ 99 END PROJECT R -2559C x F W 3 ? W N om s SITE 9 J SITE 8 SITE 10 '.S ys Y?'lop 0 e QG e ? W sg ? ? ?' x ?e SITE 14 SITE 7 9 r MATCHLINE SITE MAP I N. C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS SITE UNION COUNTY MAP 2 PROJECT: 8.T690401 (R-2559C) US 74 FROM WEST OF RICHARDSO CREEK TO EXISTING US 74 SHEET OF 11/19/99 LEGEND -WLB-- WETLAND BOUNDARY WETLAND C7-L ® DENOTES FILL IN WETLAND ® DENOTES FILL IN SURFACE WATER ® DENOTES FILL IN SURFACE WATER (POND) ® DENOTES TEMPORARY FILL IN WETLAND ® DENOTES EXCAVATION IN WETLAND DENOTES TEMPORARY FILL IN SURFACE WATER * • * * DENOTES MECHANIZED • * •* • * * CLEARING - FLOW DIRECTION TB ?- TOP OF BANK ---WE --- EDGE OF WATER - C - PROP. LIMIT OF CUT - -E- - PROP. LIMIT OF FILL -- L_ PROP. RIGHT OF WAY - - NG - - NATURAL GROUND - P-- - PROPERTY LINE - TDE - TEMP. DRAINAGE EASEMENT - PDE - PERMANENT DRAINAGE EASEMENT -EAB- EXIST. ENDANGERED ANIMAL BOUNDARY -EPB- EXIST. 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J O + M 0 0 0 J 0 J 0 + N J a. + } I } - I q- O ' ? • O - a CO O ? t O t t o + V- f 01 t t- O ° t M J ° V' + co r p ?t + O N O C O I T I t t o ( O C O CO ' V' C O t i . O r r r M N O f O o •- o O W - PROPERTY OWNERS NAMES AND ADDRESSES PARCEL NO. NAMES ADDRESSES 1 RACHEL W. MCLEAN 2 RICHARD P. BAXTER 3 BILLY & DONALD WILLIAMS 4 VIVIAN A. CHANEY 5 JOHN & NELL WATSON 6 BETTY H. GRIFFIN 7 T. NORMAN BARBEE 8 PEARL L. WATSON 9 . FUN HOMES, INC. 10 JACK T. COLEY 11 THOMAS E. TRAYWICK, JR. 12 ONA LEE HAIGLER(HEIRS) PO BOX 68 CLINTON NC 28328 PO BOX 2046 MONROE NC 28110 613 SUMNER AVE. KANNAPOLIS NC 28081 PO BOX 624 WINGATE NC 28174 PO BOX 224 WINGATE NC 28174 PO BOX 151 WINGATE NC 28174 1010 ALSTON-CHANEY RD WINGATE NC 28174 PO BOX 294 WINGATE NC 28174 711 SUNBLEST BLVD. FISHER IN 46038 4605 MARSHVILLE-OLIVE RD MARSHVILLE NC 28103 4114 PHIFER RD MARSHWILLE NC28103 3215 WISEMAN DR CHARLOTTE NC 28233 N. C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS UNION COUNTY PROJECT:8.TG90401 (RM90 US 74 FROM WEST OF RICHARDSO CREEK TO EXISTING US 74 SHEET OF PROPERTY OWNERS NAMES AND ADDRESSES PARCEL NO. NAMES ADDRESSES 716 MAIN ST. 13 NCDOT ALBEMARLE NC 28001 14 PATTIE HELMS (HEIRS) 4912 HERMITAGE DR RALEIGH NC 27612 15 16 17 18 19 20 21 22 23 w55 w5'0l w0'f wZ'L wz'/ ZI 133NS 33S rA uj r H `mil d V1 O -W55 w5'0/ 'S'C( s-d cuz-/ cuz-L w0-f 094-5f b1S 3Nnl401dn I 1 I I 1 i ?• 1 4- 1 1 1 1 i 1 1 1 i 1 1 1 l 1 1 1 1 l i 1 1 1 I I I 1 1 i 1 I I I I a 1 I i 1 1 I 1 1 Oll J ?. J = O U N Iij + ° c0 O ' a mpQ E w55 i a + t- W w5'Ol tIJS'Ol ir a c? 'Sd 'S'G( sd < F-- w (n w0'£ wov w co ° J to cn w o N ° 61 J23HS -3.3S 08-f-19 p0E , , "Q ?- 1 1 0 LIJ (n LLI w Z co V b ?J -?o a L - Z D OS > ",4- o? Nw I Cd 0- Q) I-Zt o w? N 1 CO 00 tL Q 1 L`- s i o ELI ac m ct: i 0 . t? U < w U _j 1 CD W I OH F- E Jw ° 1 1 , k E N N ° + p c - , I 1 ? _ - ? o = 1 ? ? e LL to w w F^- C3 _j ,; i t ?. CS.L ?yt- Io/%z INDIRECT AND CUMULATIVE IMPACT STUDY NUTRIENT ANALYSIS MONROE BYPASS (&ZA'09 AND R-3329) UNION & ANSON COUNTIES NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF TRANSPORTATION RALEIGH, NORTH CAROLINA D ?g r m.s tM r' ?rro SEPTEMBER 2002 Monroe Bypass/Connector Project - Indirect and Cumulative Impact Analysis 09/27/00 EXECUTIVE SUMMARY HNTB North Carolina, P.C. was requested by the North Carolina Department of Transportation (NCDOT) to review available information related to the R-2559 (Monroe Bypass) and R-3329 (Monroe Connector) Transportation Improvement Projects (TIPs) for creating a new roadway that would bypass the towns of Wingate, Monroe, Indian Trail and possibly Stallings, North Carolina. There were three purposes for this review: 1. Provide information requested by the North Carolina Department of Environment and Natural Resources (DENR), Division of Water Quality (DWQ) in support of a Section 401 water quality certification application by NCDOT for the R-2559 Monroe Bypass project; 2. Provide projected land use analysis for support of the preparation of a Draft Environmental Impact Statement (DEIS), by others, for the R-3329 Monroe Connector project; and 3. Provide projected land use analysis for support of the analysis of potential water quality effects on a Federally designated endangered species, the Carolina Heel Splitter Mussel, in three creeks nearby the two projects. The review consisted basically of a two-part process: Estimate the land use change that might occur as a result of constructing R-2559 and R- 3329 • Calculate the change in surface water flow in the 260 square mile watershed that could potentially be affected by the land use change Several authoritative references were used as a basis of the methodology used in this process: The Louis Berger Group: "Guidance for Assessing Indirect and Cumulative Impacts of Transportation Projects in North Carolina, Volume II: Practitioner's Handbook" prepared for State of North Carolina, Department of Transportation/Department of Environment and Natural Resources, Raleigh, North Carolina, November 2001 (Berger); • ECONorthwest and Portland State University: "A Guidebook for evaluating the Indirect Land use and Growth Impacts of highway Improvements, Final Report," for Oregon Department of Transportation, Salem, Oregon, and Federal Highway Administration, Washington, D.C., March 2001 (ECONorthwest) • National Cooperative Highway Research Program (NCHRP) Report 456: "Guidebook for Assessing the Social and Economic Effects of Transportation Projects," Transportation Research Board - National Research Council, National Academy Press, Washington, D.C., 2001. Monroe Bypass/Connector Project - Indirect and Cumulative Impact Analysis 09/27/00 • Cervero, R. and M. Hansen. 2002 (forthcoming). Induced Travel Demand and ?° e Induced Road Investment: A Simultaneous-Equation Analysis. Journal of Transport Economics and Policy. ooh Fw?? • Cervero, R. 2002 (forthcoming). Road Expansion, Urban Growth, and Induced Travel: A Path Analysis. Journal of the American Planning Association. Gillen, D. 1996. Transportation Infrastructure and Economic Development: A Review of Recent Literature Logistics and Transportation Review, Vol. 32, No. 1, 39-62. • Giuliano, G. 1995. Land Use Impacts of Transportation Investments: Highway and Transit. The Geogrrgphy of Urban Transportation, ed. by S. Hanson. 2°d Edition, Guilford Press: 305-341. • Grigg, A. and W. Ford. 1983. Review of Some Effects of Major Roads on Urban Communities. Transport and Road Research Supplemental Report 778. Washington, D.C.: Transportation Research Board, National Research Council. • Hartgen, D. and D. Curley. 1999. Beltways: Boon, Bane, or Blip? Factors Influencing Changes in Urbanized Area Traffic, 1990-1997. Charlotte: University of North Carolina at Charlotte, Center for Interdisciplinary Transportation Studies. Transportation Publication Number 190. ;,+ • Hartgen, D. and J. Kim. 1998. Commercial Development at Rural and Small-Town y S(k Interstate Exits. Transvortation Research Record 1649, 95-104. • Landis, J., S. Guhathakurta, and M. Zhang. 1994. Capitalization of Transit Investments into Single-Family Home Prices: A Comparative Analysis of Five California Rail Transit Systems. Berkeley: Institute of Urban and Regional Development. Working Paper 619. • Ryan, S. 1999. Property Values and Transportation Facilities: Finding the Transportation and Land Use Connection. Journal of Planning Literature, 13(4), 412- 440. • Urban Transportation Center. 1999. Highways and Urban Decentralization. Chicago: University of Illinois at Chicago, Urban Transportation Center. Research Report. This Report summarizes the information we have been able to determine related to this issue, in four sections: 1. Project Descriptions 2. Project Area Description 3. Indirect and Cumulative Impact Analysis 2 L=J.k:.k.LJ Monroe Bypass/Connector Project - Indirect and Cumulative Impact Analysis 09/27/00 4. Hydrological Analysis The kev conclusions of the analysis are: 1. The two projects would have the potential to influence land development within an area roughly 7 miles to the east and south of the two projects. This area includes portions of six creek basins, with a total land area of approximately 260 square miles. Existing development in the potentially affected area accounts for approximately 12.6 square miles of built-upon area (impervious cover), or approximately 4.9% of the affected basins. 2. The Carolina Heel Splitter Mussel is present in two creek basins within the potentially affected area: Goose Creek and Duck Creek. Goose Creek is approximately 23 square miles, with existing development accounting for approximately 0.37 square miles of built-upon area (impervious cover), or approximately 1.6% of the creek basin. Existing surface water peak discharge run-off in a 25 year storm event is approximately 13,629 cubic feet per second, with a runoff volume of approximately 4,223 acre-feet. Duck Creek is approximately 11 square miles, with existing development accounting for approximately 0.04 square miles of built-upon area (impervious cover), or approximately 0.4% of the creek basin. Existing surface water peak discharge run-off in a 25 year storm event is approximately 5,797 cubic feet per second, with a runoff volume of approximately 1,854 acre-feet. 3. One creek basin within the potentially affected area, Lake Twitty, is a Class III Water Supply Watershed. The Lake Twitty basin is approximately 32 square miles, with existing development accounting for approximately 0.96 square miles of built-upon area (impervious cover), or approximately 3.0% of the creek basin. Existing surface water peak discharge run-off in a 25 year storm event is approximately 17,284 cubic feet per second, with a runoff volume of approximately 20,040 acre-feet. 4. If neither project is built, growth in the affected area would increase the built- upon area (impervious cover) to approximately 32.9 square miles, or 12.7 % of the area. This would increase surface water peak discharge run-off by approximately 34,230 cubic feet per second in a 25 year storm event, or approximately 24.9% over existing conditions. For the "no-build" conditions, in the two creek basins where the Carolina Heel Splitter Mussel is present, impervious cover would increase as follows: Goose Creek impervious cover would increase to 1.38 square miles, or 6.0% of the basin. Peak discharge would increase to 19,374 cubic feet per second, a 42.2 % increase over existing conditions. Monroe Bypass/Connector Project - Indirect and Cumulative Impact Analysis 09/27/00 Duck Creek impervious cover would increase to 0.36 square miles, or 3.3% of the basin. Peak discharge would increase to 9,189 cubic feet per second, a 58.5 % increase over existing conditions. For the "no-build" conditions, in the Lake Twitty WS-III basin, impervious cover would increase as follows: Impervious cover would increase to 2.72 square miles, or 8.5% of the basin. Peak discharge would increase to 23,524 cubic feet per second, a 36.2% increase over existing conditions. If both projects are built, with no change in development controls in the Goose Creek basin, the impervious cover would increase to 6.7%, compared to 1.6% existing and 6.0% for the no build scenario. The additional 0.7% increase in impervious cover would be attributable to the influence of the R-3329 Monroe Connector project. Peak discharge would increase to 19,908 cubic feet per second, a 46.1% increase over existing conditions, and a 3.9% increase over the no build scenario. Runoff volume would increase to 5,250 acre-feet, a 24.3% increase over existing conditions, and a-2.8% increase over the no lzu' scenario. If both projects are built, with no change in development controls in the Duck Creek basin, the impervious cover would increase to 3.0%, compared to 0.4% existing and 3.3% for the no build scenario. The 0.3% decrease in impervious cover compared to the no build scenario is attributable to the influence of the R-3329 Monroe Connector project in attracting development away from the influence of I-485 in the Duck Creek basin. Peak discharge would increase to 9,022 cubic feet per second, a 55.6% increase over existing conditions, but a 2.9% decrease from the no build scenario. Runoff volume would increase to 2,460 acre-feet, a 32.7% increase over existing conditions, but a 2.7% decrease from the no build scenario. If both projects are built, with the Department of Fish and Wildlife recommended development controls in the Goose Creek basin, the impervious cover would increase to 5.3%, compared to 1.6% existing and 6.0% for the no build scenario. The 0.77% decrease in impervious cover compared to the no build scenario is attributable to the influence of the proposed development controls. Peak discharge would increase to 18,957 cubic feet per second, a 39.1% increase over existing conditions, but a 3.1% decrease from the no build scenario. Runoff volume would increase to 4,985 acre-feet, an 18.0% increase over existing conditions, but a 3% decrease from the no build scenario. If both projects are built, with the Department of Fish and Wildlife recommended development controls in the Duck Creek basin, the impervious cover would increase to 2.3%, compared to 0.4% existing and 3.3% for the no build scenario. The 1.0% decrease in impervious cover compared to the no build scenario is attributable to the influence of the R-3329 Monroe Connector project in attracting development away from the influence of I-485 in the Duck Creek basin combined with the effect of the proposed development controls.. Peak discharge would increase to 8,516 cubic feet per second, a 46.9% 4 Monroe Bypass/Connector Project - Indirect and Cumulative Impact Analysis 09/27/00 increase over existing conditions, but an 11.6% decrease from the no build scenario. Runoff volume would increase to 2,319 acre-feet, a 25.1 % increase over existing conditions, but a 10.3% decrease from the no build scenario. If both projects are built, regardless of development controls in the Goose Creek and Duck Creek basins, the Lake Twitty WS-III assn will experience in impervious cover increase to 12J.%, compared to 3.0% existing and 8.5% for the no build scenario. The additional 3.6% increase in impervious cover would be attributable to the combined influence of the R-2559 Monroe Bypass and R-3329 Monroe Connector projects. Peak discharge would increase to 26,471 cubic feet per second, a 53.2% increase over existing conditions, and a 17.0% increase over the no build scenario. Runoff volume would increase to 7,844 acre-feet, a 33.4% increase over existing conditions and a 16.1% increase over the no build scenario. INDIRECT AND CUMULATIVE IMPACT STUDY NUTRIENT ANALYSIS MONROE BYPASS (R-2559 AND R-3329) UNION & ANSON COUNTIES NORTH CAROLINA PREPARED BY: ECOSCIENCE CORPORATION 1101 HAYNES STREET, SUITE 101 RALEIGH, NORTH CAROLINA 27604 SEPTEMBER 2002 p EXECUTIVE SUMMARY A nutrient-analysis study was performed to compute indirect and cumulative nutrient- loading impacts for a region of land expected to receive additional developmental pressure from the construction of the Monroe Bypass (Bypass). As requested by the North Carolina Division of Water Quality, this analysis was completed using the Nutrient Export Coefficient Method (Dodd et al. 1992, DWQ 1998) to compare three future scenarios: 1) Year 2020 land use without the construction of the Bypass, 2) Year 2020 land use with construction of the Bypass using current Union County ordinances and land-use controls, and 3) Year 2020 land use with construction of the Bypass employing additional measures aimed at maintaining or improving water quality standards within the county. Nutrient modeling results suggest a 5-12ercent increase in total nitrogen (TN) and a Z, percent reduction in total phosphorus TP) directly attributable to development generated by the construction oo the Bypass. If more progressive land-use policies are instituted ) nion County, nutrient modelin results suggest that a 20- and 22-percent reduction o TH and TP, respectively, could occur as high-loading agricultural land converts into more, develot?ed but less loading land-use categories These findings suggest that increased re ulg ation of development and watershed protection measures have the potential to reduce Bypass-induced nutrient loading through application of best management pra tices BMP) and mitigation activities. Such applications may include development of a regional land-use plan that may incorporate expanded use of wetland and stream mitigation sites, regional storm water structures, expanded streamside buffers, additional open space, and limitations on impervious coverage for future development. Cooperation between Union County, North Carolina Department of Transportation (NCDOT), and all municipalities within Union County is recommended to provide a working land-use template to guide in the reduction of nutrient loading through implementation of various land-use practices. 5 TABLE OF CONTENTS ;.. ........................ Executive Summary :. ....................................................................................... 1. Introduction II. DWQ Study Area, HNTB Impact Area, and Information Sources....... III. Current and Future Land-Use Determinations ................................ Current conditions ................................................................................. Scenario 1: Year 2020 without the Bypass ............................................ Scenarios 2 and 3: Year 2020 with the Bypass ..................................... IV. Nutrient Analysis results ................................................................. Scenario 1 ............................................................................................. Scenario 2 ............................................................................................. Scenario 3 ............................................................................................. Sediment V. Summary VI. References .................................................................................... LIST OF FIGURES ........................ i ...................... 1 ...................... 3 ...................... 5 ...................... 5 ...................... 7 ...................... 7 .....................14 .....................14 .....................14 .....................15 .....................18 .....................20 .....................22 Figure 1. Study Boundaries ........................................................................................... 4 Figure 2. Existing Conditions ........................................................................................10 Figure 3. Scenario 1: Year 2020 without the Bypass .................................................... Figure 4. Scenario 2: Year 2020 with the Bypass and Current Land-Use Policies ........12 Figure 5. Scenario 3: Year 2020 with the Bypass and Progressive Land-Use Policies.13 LIST OF TABLES Tables la-d. Predicted nutrient export for current conditions and Year 2020 Scenarios 1-3 within the DWQ Study Area ............................................................................... 8 Tables 2a-d. Predicted nutrient export for current conditions and Year 2020 Scenarios 1-3 within the Impact Area ......................................................................................17 Appendix A: Synopsis of HNTB methodology for predicting Year 2020 land use INDIRECT AND CUMULATIVE IMPACT STUDY NUTRIENT ANALYSIS MONROE BYPASS NCDOT TIP # R-2559 AND R-3329 1. INTRODUCTION EcoScience Corporation (ESC) has been retained to perform a nutrient analysis as part of an Indirect and Cumulative Impact Study for the proposed Monroe Bypass (the Bypass) in Union County, North Carolina. The Bypass is part of Transportation Improvement Projects (TIP) R-2559 and R-3329. Tke analysis includes current and future predictions of total nitrogen (TN) and total phosphorus (TP) loading within a defined study area that includes the region proposed to be affected by secondary development instigated by construction of the Bypass. Results of the nutrient analysis will attempt to quantify loading rates and percentage increases between three future scenarios: 1) Year 2020 without the Bypass, 2) Year with the Bypass, and 3) Year 2020 with the Bypass usin progressive land-use controls and development ordinances aimed at reducing nutrient export and maintaining or improving water quality within the region. In order to estimate loading-rate changes for each scenario, long-term, time-series measurements of stream flow and nutrient concentrations for various stream stages in the growing and non-growing seasons would be required. A detailed field study is prohibitive for the current effort due to temporal constraints; therefore, predictive modeling efforts have been employed to determine future nutrient-load trends. Currently, very few models compute non-point source nutrient loads. Existing approaches (SWAT, NLEWP, RIMDESS, BASINS, FLUX, and MODMON) were either unavailable for the current effort, could not be undertaken within existing time constraints, or would be more applicable for specific land-cover types, broader spatial scales, or gaged stream systems. One suitable technique, the eort?co?f#icient method_ (ExCo method), does allow for preliminary estimates of current and future non-point source loads for the study area. The ExCo method, which was developed by Dodd et aL (1992), computes a spatially veraged nutrient-load v e (ExCo values) from surface contributions (runoff) for the cultivated, forest/wetland, develo ed, and o ep n-Water components of a watershed. Nutrient values are reported for total nitrogen (TN) and total phosphorus (TP) in kilograms per year. Subsequent revisions to the ExCo method (DWO 1998) further refine the original land-cover categories (ExCo land-use categories) by zoning and satellite-imagery analysis to include a total of ei ht=cl_aasss_ifications. The ExCo land-use categories used in this analysis are four non-developed (Cultivated, Forested/Wetland, Pasture/Maintained Herbaceous, and Open Water) and four developed (General Residential, Low-Density Urban, Medium/High-Density Urban, and Industrial Commercial) categories. 1 An advantage of performing nutrient analysis by the ExCo method is the limited amount of required model-input parameters. The ExCo method only requires hectarages of specific ExCo land-use categories within a defined study area. Land-use categories for all scenarios were calculated using Geographic Information Systems (GIS) technology and multiple sources of digital land-use data. With these data available, simple j calculations are used to model nutrient export associated with runoff from a region. Furthermore, the median ExCo value for each ExCo land-cover category reflects conditions based on characteristic coverage that may incorporate a range of land-use practices on any given site, including the possible implementation of Best Management Practices (BMP). However, it is unclear what land-use controls have been considered in the derivation of these ExCo values (Dodd et al. 1992). The difficulty of applying the ExCo method to the current effort is arriving at accurate estimates of future land-cover hectarages to be used in loading calculations. Predicting rates of development within the defined study area poses a challenging, yet necessary task. Area estimates of current ExCo land-use categories (existing conditions) were computed by standard, straightforward techniques. However, many assumptions were needed in order to arrive at similar estimates for future land-cover scenarios with and without construction of the Bypass. Projected future land use was compiled by HNTB based on building trends and available developable land. All necessary assumptions were reached through a cooperative discussion between the North Carolina Department of Transportation (NCDOT), the North Carolina Division of Water Quality (DWQ), HNTB North Carolina (HNTB), and ESC. HNTB is developing the cumulative impact discussion for the Monroe Bypass Environmental Impact Statement (EIS), and provided land-use data to ESC for use in ExCo method nutrient modeling. 2 II. DWQ STUDY AREA, IMPACT AREA, AND INFORMATION SOURCES The multi-lane Bypass is comprised of two TIP projects (R-2559 and R-3329) and ranges from approximately 20.2 miles to approximately 21.1 miles in length depending on which of three alternatives is selected for the proposed Monroe Connector (R-3329). The Bypass will redirect traffic north of the City of Monroe and is designed to be a limited-access roadway including nine interchanges. The Bypass will relieve congestion along US-74 for commuters traveling from Union County into more heavily developed and urban Mecklenburg County. j Two study areas were considered in this analysis. The DWQ proposed a study area defined by waters a emits (DWQ Study Area). A second, more restrictive study area has been proposed as part of the EIS investigation that is essentially limited to a 5-7 mile done radiating around the Bypass. The 5-7 mile wide zone was applied to the entire corridor based on HNTB research correlating land-use changes from secondary development impacts resulting to roadway construction. The DWQ Study Area (Figure 1) incorporates 116 845 hectares of developed and undeveloped land, which drains out of the DWQ Study Area through 75 named stream systems. Land use is characterized by predominantly rural, forested, and suburban areas, with heavily developed areas occurring along the US-74 corridor and within the City of Monroe and Towns of Marshville, Wingate, Indian Trail, and Stallings. The DWQ Study Area is bounded to the west by the divide between the Yadkin and Catawba River =-= basins, to the northwest and north by the Union County line and the Rocky River, to the east by the Richland Creek basin divide and the Union County line, and to the south by the Lane and Richland Creeks basin divides. The Impact Area incorporates 61,188 hectares of land (Figure 1). The Impact Area has been defined by HNTB as the outer amit of influence on secondary deveLonmsnL instigated by the Bypass. The Impact Area is proposed to experience different rates and categories of development than the remainder of the DWQ Study Area. The Impact Area has been considered a central influence of the development of 'with Bypass" Scenarios 2 and 3. The digital information used in this analysis includes materials provided by NCDOT, the Center for Geographic Information and Analysis (CGIA), Union County Geographical Information Systems (Union County), Anson County Geographical Information Sytstems, HNTB, and the U.S. Environmental Protection Agency (EPA). Digital data provided by NCDOT include aerial orthophotography, U.S. Geographical Survey (USGS) quadrangles, the Bypass alignments, and major roads. CGIA provided land cover, Yadkin River hydrology, county lines, 14-digit hydrologic unit boundaries, and river basin and sub-basin boundaries. Union and Anson Counties provided aerial orthophotography, parcel data, future land use, and zoning classifications. Digital data provided by HNTB include projected zoning and land-use data for Year 2020 scenarios. Digital data distributed by EPA includes land-use data extracted from the "BASINS" watershed management software. 3 :....III R-3329 Potential Alignments N R2559 Alignment 4 0 4 8 Miles ® Municipal Boundary Study Boundaries DATE: ESC # Sep 2002 00-046.24 Monroe Bypass (R-2559/R-3329) SCALE: DWN BY: MTC Indirect and Cumulative Impact Study As Shown CKDBY: GR ® Nutrient Analysis FIGURE EcoScience Union and Anson Counties, North Carolina 1 , III. CURRENT AND FUTURE LAND-USE DETERMINATIONS Based on the consensus of project participants, the analysis began by calculating the current nutrient loads exported from the DWQ Study Area to serve as a baseline. After baseline nutrient loads were calculated, conditions in the Year 2020 were predicted for three scenarios using data provided by HNTB: 1) without the road using an extrapolation of current baseline building trends, 2) with the road while accounting for incidental and cumulative development impacts under current land-use policies CLUIRs), and 3) with the road while accounting for incidental and cumulative development impacts with progressive land-use policies PLUPs) proposed for adoption by Union County and local municipalities to update existing zoning. For the purpose of this analysis, PLUPs are considered to be the result of current negotiations between Union County officials and natural resource agencies and may include buffers on all perennial and intermittent, streams, regional storm water controls and implementation of erosiont and sediment_ control features on all new construction. The DWQ Study Area is divided among the jurisdictions of Union County, the City of Monroe, and the Towns of Marshville, Wingate, Indian Trail, and Stallings. Each government has unique zoning classifications and regulations. Through interpretation of zoning regulations, ESC personnel collapsed the existing zoning classifications into the eight ExCo land-use categories using the allowable build-out percentage, amount of required open space, and maximum area of impervious surfaces allowed for each zoning classification. ESC used the collapsed zoning created by NCDOT planning personnel for the similar Knightdale Bypass Nutrient Study (ESC 2002) to mimic ExCo land-use categories used in the previous analysis. ESC personnel multiplied the hectarage of each ExCo land-use category by the median ExCo value associated with - that category to predict nutrient export for current and future scenarios. The HNTB data provided a unique opportunity to anticipate future zoning and land-use changes within the DWQ Study Area and for comparing Year 2020 with and without Bypass scenarios. A short synopsis of the HNTB methodology for predicting Year 2020 land-use within the Impact Area can be found in Appendix A, but for a full description of the methodology and assumptions used by HNTB, the full technical document should be consulted (HNTB 2002). ESC personnel used the HNTB data to update existing land use within the Impact Area to predict future ExCo land-use categories for Scenarios 2 and 3. The hectarage contained within each ExCo land-use category in Scenarios 2 and 3 were used to calculate nutrient export. The nutrient export loadings from Scenarios 2 and 3 were compared to Scenario 1 (without the Bypass) to predict what the impact of the Bypass will be, both with current and updated progressive land-use policies. CURRENT CONDITIONS An analysis of current land use/land cover was performed using GIS. A variety of digital data layers were used to develop a map that depicts current (circa Year 2000) land-use 5 conditions within the DWO Study Area. The ultimate goal was to determine the hectarage of each ExCo land-use category for use in nutrient export calculations. Spatial analysis using GIS allowed for summarization of data into eight land-use categories in accordance with Dodd et al. (1992). The eight categories include open ::...t water, natural/managed vegetation, and multiple categories of developed areas. Developed areas can be difficult to categorize accurately with single data sources. As a result, a variety of data types were utilized to more accurately reflect current extent and usage type of urban and residential development. These data include EPA land-use classifications, CGIA land cover data, and Union and Anson County digital aerial photography, structure, and parcel data. The CGIA land cover data were created using Landsat remotely sensed satellite imagery captured between 1993 and 1995 (CGIA 1996). The dataset contains two classes for developed areas, low-intensity developed and high-intensity developed. These two classes were used to define the Low- and Medium/High-Density Urban ExCo land-use categories described in Dodd et al. (1992). The EPA BASINS program was developed for use in watershed planning throughout the United States (EPA 2002). The land-use dataset packaged with BASINS includes an Anderson Level II type classification (Anderson et al. 1976) for Region 4, the southeast geographic region. These data include eight separate classes to define urban or developed areas. In conjunction with CGIA land cover, these classes were condensed into four analogous development categories described by Dodd et al. (1992). NCDOT provided data on road locations for Union and Anson counties. A 50-foot buffer (25 feet on either side of centerlines) was placed on these roads to account for the right- of-way and associated paved area. This road buffer was classified as Industrial/Commercial during compilation with re.-classified land use data. Because the road data is more accurate than other data sources, in instances where data coverage overlapped, the road buffer was assigned preference over any other land cover type. Upon close examination of digital aerial photography, the EPA BASINS, CGIA land cover, and 50-foot road buffer combined data did not accurately represent developed areas within the DWO Study Area. To account for the additional developed hectarage, Union County parcel and structures data were utilized. By examining the digital aerial photography, it was apparent that small, tightly grouped parcels tend to be located in communities associated with new residential growth. To account for this new development, parcels that contain structures and are less than 1.5 hectares in size were categorized as General Residential. Areas not currently developed were categorized as Forest/Wetland, Managed Herbaceous/Pasture/Undeveloped, Cultivated, or Open Water. The CGIA land cover data was reclassified to coincide with one of the first three cover categories. Union County GIS has a data layer of all lakes, ponds and open water bodies. This hydrological data appears to be the most accurate representation of open water for the study area and was used for the Open Water category. 6 IV. NUTRIENT ANALYSIS RESULTS DWQ STUDY AREA Loading rates of nitrogen and phosphorus will vary as land-use patterns change within the study boundary watersheds. Ina c arios, regardless of Bypass construction, two- main factors are expected to cause an increase in loading estimates by the ExCo method: localized addition of nutrients (fertilizers, pesticides, and/or herbicides - generally associated with the Cultivated land use category) and increased coverage b impervious aces (as seen in the urban, residential and industrial/commercial land use categories). In order to quantify nutrient export current conditions, nutrien export rates were calculated by multiplying land-use dories by ExCo coefficient values for TN and TP (Table 1). Under Current Conditions (Table 1 a), nutrient loading is controlled by outputs generated from the Cultivated land-use category (435,777 kilograms per year [kg/yr] for TN and 69,094 kg/yr TP), even though Forest/Wetland is the dominant land-use category coverage. The lack of stabilizing ground cover, soil disturbance, and frequent use of organic products (fertilizers, pesticides, and herbicides) generally result in Cultivated land having the highest ExCo value of all land-use categories. Cultivated land accounts for more than 50-percent of the nutrients exported from the DWQ Study Area. Scenario 1 Since land development in the area will occur irrespective of highway construction, loading rates for Scenario 1 were generated to reflect expected development within the DWQ Study Area (Table 1 b). All three scenarios account for predicted development to occur on lands that are currently wooded, farmed, or managed herbaceous coverage. Loading rates for Scenario 1 were calculated assuming that development within the DWQ Study Area will increase steadily. The amount of potential land development is expected to occur based upon the amount of developable land that is in proximity to 1- 485 or US-74. Developable land is currently defined as lands that are 4? projected to receive water and sewer from a local municipality, ,?'projected to be annexed by a local municipality, &based in a region with soils that are compliant with septic systems, orb" offering reasonable commuting times on the existing roadway network (HNTB 2002). A 5-percent increase in expQ ed TN and 6-percent decrease in exported TP over current conditions have been predicted for anticipated development in Scenario 2 (Table 1b). The predicted decrease in exported TP results from a conversion of high-loading Cultivated ExCo land-use category to more developed, but less loading categories of land use. Scenario 2 A 5-percent increase in exported TN and a 6-percent decrease in exported TP have been predicted for Scenario 2 when compared to current conditions (Table 1c). This increase in TN is primarily a result of a conversion of undeveloped land to urban, residential, and industrial/commercial uses. This increased is tempered somewhat by 14 the fact that development will be concentrated around the Bypass corridor, with outlying `.! areas of the DWQ Study Area remaining largely undeveloped or in the General Residential category When compared to Scenario 1, Bypass construction (Scenario 2) appears to have a negligible effect (less than or equal to 1-percent) on nutrient export from the area. This lack of measurable change is largely attributed to the size of the DWQ Study Area. Growth will occur with or without the road. Building trends remain relatively unchanged between the two scenarios. However, land use distribution patterns are different with urban development slightly elevated as a result of the Bypass construction. Scenario 3 A 4-percent increase in exported TN and an 11-percent decrease in exported TP have been predicted for Scenario 3 relative to current conditions (Table 1c). Relative to Scenario 1, Scenario 3 results in a reduction of 9-percent exported TN and 6-percent exported. This reduction in loading can be interpreted as being indirectly attributable to the more stringent land-use policies that could be adopted to minimize secondary impacts associated with Bypass construction. Although buffer acreage will increase with new land use controls, the amount of Forest/Wetland land coverage decreases slightly under Scenario 3 when compared to Scenarios 1 and 2, primarily due to the fact that development is expected to shift into upland wooded areas and away from riparian zones. Storm water controls appear to be critical in nutrient reduction with obvious decreases in TN and TP export when capture and treatment is applied to new development under the urban, residential, and industrial/commercial land use categories (Table 1 d). Synergistic effects are anticipated from application of a multifaceted strategy of land use controls to benefit water quality. IMPACT AREA Data analyses of nutrient modeling techniques led ESC personnel to consider evaluation of a smaller subset of the overall DWQ Study Area in an effort to attribute shifts in nutrient export more directly to the Bypass. The Impact Area evaluated under the HNTB study was chosen for further analysis reducing the area for evaluation by approximately 50-percent from 116,845 hectares to 61,138 hectares. The large size of the entire DWQ = Study Area, coupled with the primarily agricultural land use away from the highway corridor, obscure clear trends in nutrient export data. Data generated for the DWQ Study Area suggests that ambient growth and agricultural practices not attributed to the Bypass (i.e. outside of the Impact Area) counteracted the nutrient export trends that were occurring within the Impact Area. Therefore, the Impact Area may provide a better representation of nutrient impacts directly attributed to roadway development. Subsequently, hectarages were re-calculated for various land use categories within the Impact Area and nutrient export values were generated for current conditions and for Scenarios 1-3 (Table 2). Nutrient trends under Current Conditions (Table 2a) and Scenario 1 (Year 2020 without the Bypass - Table 2b) are essentially the same as occurred in the DWQ Study Area evaluation. Cultivated land use continues to be the primary generator of nutrients. 15 General Residential land use and urban development is expected to increase dramatically in 2020 without the Bypass as homeowners move into underdeveloped areas around Monroe. Although Cultivated land will be converted to support some of this development, urban expansion is the primary cause for the 5-percent increase in TN under Scenario 1 (Table j 2b). Again, TP reductions are attributed to significant reductions in undeveloped land through the Impact Area. Scenario 2 Within the Impact Area, a 10-percent increase in exported TN and an 11-percent decrease in exported TP have been predicted as a result of Bypass Construction in Year 2020 (Scenario 2) relative to current conditions. This trend is not unexpected. Bypass development can be expected to spur growth of urban and resident development in and around roadway access points. Again, this growth is at the expense of the undeveloped land categories with relatively lower nutrient export values. Relative to Scenario 1 (without Bypass), Scenario 2 (Year 2020 with the Bypass) results in a 5-percent increase in exported TN and a 7-percent decrease in exported TP. This 5-percent increase in TN export is attributable to secondary development instigated by construction of the Bypass. Continuing trends in TP reduction can be attributed to a continuing conversion of the high-loading Cultivated ExCo land-use category to more developed, but less loading categories of land use. Scenario 3 The implementation of land use controls result in reductions in nutrient export for TN and TP with road construction (Scenario 3, Table 2d) that are slightly more pronounced in the Study Area as compared to the DWQ Impact area. A reduction in 5-percent TN and 22-percent exported TP was modeled between Scenario 3 and current conditions. If the Bypass is constructed, a 15-percent decrease in TN and 11-percent decrease in TP can be realized with land use controls in place. However, when the actual TN and TP loading rates for the urban, residential and industrial/commercial land use categories are compared between Scenario 2 and 3 (299,037 kg/yr versus 241,698 kg/yr for TN and 26,909 kg/yr versus 21,089 kg/yr for TP), land-use policies considered in Scenario 3 could result in an overall 20-percent decrease in exported TN and 22-percent decrease in exported TP from existing land-use policies (Scenario 2), even with the construction of the Bypass. These trends could possibly be even more pronounced, except that agriculture makes up such a large component of regional land use. SEDIMENT Sediment runoff anri rP owere not considered in this anal,s. However, sediment ;. impacts can largely be negated through land use changes, implementation of buffers and storm water catchment (basins and treatment wetlands), and effective use of best ;. management practices during construction. First, changes in land use can greatly affect non-point source pollution loads, including sedimentation. Agricultural land has been shown to be responsible for 57-percent to 64- percent of the non-point source pollution (38-percent of the sediment load is attributable to crop land and 26-percent to pasture erosion) affecting area waterways as compared to 5-12-percent attributed to urban runoff (Welsch 1991). In the DWQ Study Area, a 25- percent reduction in agricultural land and conversion to other uses is expected over the 20 year planning period, potentially reducing sediment loads and other non point sources of pollution as a result of this shift. Land use controls have been proposed under Scenario 3 including the use of riparian buffers, regional storm water basins, and employment of erosion and sediment control measures during construction (primarily focused on "new development"). Riparian vegetative buffers have been shown to trap as much as 80-90-percent of sediment from surface water runoff (Gilliam 1994; Johnston 1991). Data from agricultural research in North Carolina have shown that riparian buffers used in conjunction with level spreaders account for an 80-percent total suspended solids removal capacity (North Carolina State University 2002). Research has shown that it is not the width of the buffer but the length through which runoff may flow that is critical to sediment and pollutant removal (Brinson 1993). By have long linear stretches of riparian buffer in place as proposed under Scenario 3, significant capture and removal of non-point source pollutants, particularly sediments, can be realized. The use of regional storm water controls (primarily wet ponds and treatment wetlands) has been shown to have significant impacts on removal of pollutant sources. Removal rates of 70-80-percent of total suspended solids and 30-percent or more of nitrogen and phosphorus are often achieved (North Carolina State University 2002; NCDENR 1998). Storm water treatment wetlands have proven to be the most effective storm water device currently employed and the benefits of these devices can be enhanced when utilized with grassy swales and level spreaders. Site-specific erosion and sediment control measures on construction sites such as silt fences, infiltration trenches, sediment traps, and rapid re-seeding of the site, can also be utilized to enhance the removal of pollutants. These devices result in relatively minor rates of capture and absorption of nutrients, but can have a significant impact on the amount of sediment removed from a site (as much as 70-percent sediment removal). In addition, the removal contribution is additive, resulting in cumulative benefits when applied with other treatment methods. In summary, land use controls proposed for Scenario 3 have been shown to result in a reduction in nutrients (nitrogen and phosphorus). Although sediment reduction has not 18 been quantified as part of this analysis, available data suggests that significant amounts, of sediment (80-percent or greater) can be removed by implementation of proposed land use controls. In addition, the benefits of employing multiple methods are additive, resulting in cumulative removal benefits. 19 V. SUMMARY • The 116,845 hectare DWQ Study Area currently supports a mixture of forest, agriculture, rural-residential, sub-urban, and urban development along sections adjacent to the existing US-74, and within the municipal limits of Monroe, Marshville, Wingate, Indian Trail, and Stallings. Approximately 71,303 hectares of developable land currently exists within the DWQ Study Area. The HNTB Impact Area is a subset of the DWQ Study Area, and incorporates 61,188 hectares of land. The Impact Area is proposed to experience different rates and categories of development than the remainder of the DWQ Study Area • The Nutrient Export Coefficient Method (Dodd et al. 1992, DWQ 1998) was utilized to calculate surface nutrient loading associated for current conditions and three Year 2020 scenarios. • Current and future land-cover composition were computed within the DWQ Study Area for with and without Bypass scenarios. Eight ExCo land-use categories were generated based on an analysis of digital data and collapsed zoning land- use classifications. • Within the DWQ Study Area, extrapolation of development trends was used to predict land use in Year 2020 without the Bypass. An increase of 5-percent exported TN and a decrease of 6-percent exported TP from current conditions was predicted for Scenario 1. The reduction of TP from current conditions is attributable to conversion of agriculture to other, more developed (but less nutrient loading) land-use categories. • Within the DWQ Study Area, two Scenarios were considered for the Year 2020 with the Bypass,. The difference between the two "with Bypass" Scenarios is implementation of current or proposed, more progressive land-use policies. Progressive land-use policies considered in this analysis include riparian buffers, regional storm water facilities on all new development, and more stringent sediment and erosion control measures (modeled after the Neuse River Basin Riparian Area Rules). • The large proportion of agriculture that currently exists within the DWQ Study Area (accounting for >50-percent of all current nutrient export) reduced the influence of development instigated by the construction of the Bypass. Conversion of cultivated areas into more heavily developed land uses that export a smaller amount of nutrients minimizes the increased nutrient and sediment export impact of new development. If progressive land-use controls are in place, this conversion of agriculture into new development can potentially improve regional water quality over existing conditions. 20 Nutrient modeling within the DWQ Study Area found that the data indicated that ambient growth and agricultural practices not influenced by the Bypass (outside of the Impact Area) counteracted the nutrient export trends that were occurring within the Impact Area. Scenarios 2 and 3 (with the Bypass) were subsequently restricted to the Impact Area boundary defined as the limit of growth instigated by . the Bypass. Current Conditions and Year 2020 without the Bypass (Scenario 1) l were also evaluated based on Impact Area limits. • The indirect and cumulative nutrient load attributable to Bypass construction (compared to Scenario 1 within the Impact Area) is an increase of 5-percent TN and a reduction of 7-percent TP for Scenario 2, and a decrease of 10-percent TN and 19-percent TP for Scenario 3. Due to the proposed progressive land-use policies, new development (after Year 2000) occurring within the Impact Area in Scenario 3 will export 20-percent less TN and 22-percent less TP than Scenario 2. . - It is recommended that case studies of existing and similar highway alignments be utilized for future indirect and cumulative impact studies. Changes in land-use patterns can be predicted from these projects that more accurately reflect roadway dependent zoning changes. 21 VI. REFERENCES Anderson, J.R., E.E. Hardy, J.T. Roach, and R.E. Witmer. 1976. A Land Use and Land Cover Classification System for use with Remote Sensor Data. U.S. Geological Survey Professional Paper 964, 28 p. Brinson, Mark M. 1993. Changes in the Functioning of Wetlands along Environmental Gradients. Wetlands Volume B N2:65-74 Division of Water Quality (DWQ). 1998. Neuse River Basinwide Water Quality Management Plan. N.C. Department of Environment and Natural Resources, Water Quality Section, Raleigh, NC. Dodd, R.C., G. McMahon, and S. Stichter. 1992. Watershed Planning in the Albemarle- Pamlico Estuarine System: Annual Average Nutrient Budgets. North Carolina Department of Natural Resources Report No. 92-10. _ EcoScience Corporation (ESC). 2002. Indirect and Cumulative Impact Study: Nutrient Analysis, US-64 Knightdale Bypass. EcoScience Corporation, Raleigh, North Carolina. Gilliam, J.W. 1994. Riparian wetlands and water quality. J. Environ. Q. Vol. 23:896- 900. HNTB North Carolina (HNTB). 2002. Monroe Bypass/Connector: Indirect and Cumulative Impact Analysis. HNTB North Carolina, Charlotte, North Carolina. Johnston, C.A. 1991. Sediment and nutrient retention by freshwater wetlands: effects on surface water quality. Critical Reviews in Environmental Control Vol 21 (5,6):491-565. NC Center for Geographic Information and Analysis (CGIA). 1996. Comprehensive Land Cover Mapping for the State of North Carolina. URL-- http://www.cgia.state.nc.us/cgdb/refdocs/lc96/index.htm1, visited 2002 August 26. North Carolina Department of Environment and Natural Resource (NCDENR). 1998. Erosion and Sediment Control Planning and Design Manual. Division of Land Resources, Raleigh, NC September 1998. North Carolina State University. 2002. Stormwater BMP Academy. June 12-13, 2002. Raleigh, N.C. N.C. Cooperative Extension. U.S. Environmental Protection Agency (EPA), 2002. About BASINS 3.0. URL-- http://www.epa.gov/waterscience/basins/basinsv3.htm, visited 2002 August 26. 22 Welsch, David, J. 1991 Riparian Forest Buffers. Function and Design for Protection and Enhancement of Water Resources. NA-PR-0791. USDA, Forest Service, Radnor, PA. 23 tl Appendix A Synopsis of HNTB methodology for predicting Year 2020 land use 22 1.1 Scenario Development In order to determine the potential induced development impacts of the Monroe Bypass/Connector roadway project, three different land use scenarios were analyzed: No-Build Scenario: 1. Household and employment growth (2000-2020) distribution within the watershed study area (both outside and inside the potential impact area) without the proposed roadway and without additional environmental regulations in both the Duck and Goose Creek basins. Build Scenario: 2. Household and employment growth (2000-2020) distribution within the watershed study area (both outside and inside the potential impact area) with the proposed roadway and without additional environmental regulations in both the Duck and Goose Creek basins. Build Scenario w/ Development Controls: 3. Household and employment growth (2000-2020) distribution within the watershed study area (both outside and inside the potential impact area) with the proposed roadway and with additional environmental regulations (1 unit per 2 acres & additional stream buffers) in both the Duck and Goose Creek basins. 1.2 Scenario Writing In order to determine the amount of induced growth as a result of the Monroe Bypass/Connector project, a transportation/land use model, developed by Servano (first name?), was used to convert the change in average daily traffic volumes (ADTs) along the new roadway during a time period into the amount of additional households from which the traffic volumes would originate. The following are the assumptions made within the model: • Of the forecasted change in ADT between 2000 and 2020, 50% is attributable to new capacity, or new vehicles on the road as a result of general growth conditions. • Of the forecasted change in ADT between 2000 and 2020, 37.5% is attributable to behavioral shifts in existing traffic from other roadways (route shifts, transit users, carpoolers, etc.). • Of the forecasted change in ADT between 2000 and 2020, 12.5% is attributable to induced growth because of the new roadway. 1.3 Growth Assumptions for Potentially Affected Area 1.3.1 Quantity of Assumed Growth Based on the evaluation of the potential for land use change (see HNTB Final Document), area characteristics indicate a strong potential for induced growth as a result of the proposed project. Because of the findings of this evaluation, we have made adjustments to the model to take into consideration this strong potential. Instead of assuming that only 12.5% of the change in ADT between 2000 and 2020 would be attributable to induced growth, we applied a 25% share. The resulting share attributable to behavioral shifts was reduced from 37.5% to 25% to take this into account. The North Carolina Department of Transportation forecasted a change in ADT of an average of 30,000 vehicles per day between 2000 and 2020 along the 13-mile Monroe Bypass/Connector project. Since the induced growth factor equals one-third of the new capacity and behavioral shift total (22,500 vehicles per,day), we added an additional 33.3%, or 10,000 vehicles per day, to this forecast because of induced growth, making the total 40,000 vehicles per day. Based on these model assumptions, the following calculations were completed to come up with the amount of induced households as a result of the forecasted 40,000 ADT volume on the Monroe Bypass/Connector project between 2000 and 2020: Step 1: 40,000 ADT x 25% (induced growth share) = 10,000 ADT as a result of induced growth Step 2: 10,000 ADT x 1.1 persons per vehicle = 11,000 trips from new households Step 3: Average of 3 trips per household per day on Monroe Bypass/Connector 3,666 new households (11,000 divided by 3) To determine the induced jobs as a result of the proposed project, we applied the jobs per household ratio (1.105) from the 2000 to 2020 forecasted increase in households and jobs in the impact area (see HNTB Final Document) to this new induced household total: 3,666 induced households x 1.105 jobs/household = 4,051 induced jobs These additional households and jobs were added to the Scenario 1 estimates (see HNTB Final Document) to come up with the total amount of forecasted households and jobs to be added to the watershed study area between 2000 and 2020. The table below summarizes the amount of forecasted growth by area and scenario: A Scenario 1 -Im act Area -Watershed Area Impact Area % of Watershed Scenario 2 -Impact Area -Watershed Area Impact Area % of Watershed Scenario 3 -Impact Area -Watershed Area impact Are % of Watershed Table 1. Forecasted Growth Residential Households Acres 13,690 10,454 25,403 23,614 54% 44% 17,356 21,22c 29,069 34,38 60% 17,356 29,069 60% 62% 22,027 35,187 63% -2020 Commercial Jobs Ac 20,388 26,662 76% 24,439 30,713 80%' 24,439 30,713 80% 834 934 89% 1,001 1,101 91% 1,001 1,101 91% As can be seen in Table 1, the impact area's share of the entire watershed study area household and job growth increases in Scenario 2 and Scenario 3, which include the Monroe Bypass/Connector project. The project itself is forecasted to induce approximately 26% more households and 20% more jobs than would have originally occurred within the impact area over the next 18 years. 1.3.2 Location of Assumed Growth Upon completing the forecast of future growth for each of the three scenarios, as noted in Table 1, households and jobs were then distributed throughout the watershed study area based on a number of different factors including: • Discussions with local planners • Proximity to I-485 and US-74 • Existing and future water/sewer lines • Development controls/guidance (water supply watersheds, proposed land use, zoning) • Annexation policies • Municipality jurisdictions Higher weights were allocated to physical location of the land area and future public utility locations. The 3,666 induced households and 4,051 induced jobs estimates were only to be distributed within the impact area, since land development outside of the impact area is assumed not to be influenced by the proposed roadway project. Scenario 1 (Residential): Using the factors above, a of 13 subareas were created an evaluation of the potential for land useechange in y area (Figure 1 and Table 2). 3 each of these subareas, see HNTB Final Document. Growth within the impact area was ,.l distributed separately from growth outside the impact area. It should be noted that each of the five alternative alignments (G, D-2, D-3, E-2, E-3) for the Monroe Connector portion of the project was treated equally in their impact on residential development. ?. ^lnnn'Vn'ln AAA.+:nnol n-1nnPd Land I Watcrshed' tinidv Area we L. Jcelial lu 1: ?uuv-? v? v ?uuiuv,awa Yom... GRes LDUTrban AFfIDUrban (0-1 DU:';?C') j1-3-.5 DU/.1C1 (>=2.5 DU/.a(') --- Total Developed Land Total Area* available Ladd 1 265 796 308 1,369 6,487 5,118 la outside impact area 468 468 1,522 1,05 la 29 299 493 821 4,838 4,017 lb outside impact area 586 586 1,356 770 lb 1,643 1,643 5,167 3,52 2 356 356 2,311 1,955 2a 685 685 4,949 4,26 2b outside impact area 303 704 1,007 6,626 5,619 3 outside impact area 2,342 2,342 6,292 3,95 3 2,003 26 24 2,053 14,949 12,896 3a outside impact area 881 378 1,259 3,878 2,61 3a 72 168 240 995 755 4 15 470 62 547 9,144 8,59 4a 274 274 1,856 1,58 5 outside impact area 2,836 10 200 3,046 16,830 13,78 6a outside impact area 2,578 2,578 27,006 24,428 6a 1,330 40 1,370 17,534 16,16 6b outside impact area 1,874 1,874 21,090 19,216 6b 1,096 1,096 20,561 19,465 T6tal: ti l0,943 31470 31201 23,614 173,391 149,77 *Proposed for residential Densities were determined by what was proposed within Union County land use plans as well as municipal plans. A total of 23,614 acres of residential development is forecasted to be developed within the entire watershed study area between 2000 and 2020. This number only represents 13.6% of the total area available for residential development. Most of the future developed land is considered general residential (71.7%), with low density urban and medium-high density urban only representing 14.7% and 13.6%, respectively. Subarea 3 is forecasted to have 4,395 acres of residential development take place between 2000 and 2020, the most of any subarea. One of the reasons for this trend is because of the geographic size of Subarea 3, which has 21,241 acres of residential land available for development, third highest of the watershed study area. Another reason is because of its relatively close proximity to both I-485 and US-74, as well as the fact that its entire area is scheduled for sewer services to be in place by 2020. Scenario 1 (Commercial): A total of 17 commercial subareas were created within the watershed study area, 12 of which are located within the impact area. Most of these subarea boundaries were designated by following county and municipality proposed land use boundaries. The Secrest Short Cut Road corridor (m), just east of the Mecklenburg County border, and the US-601 corridor north of US-74 (a) were the only areas designated for future commercial development that were not already done so by Union County or the municipalities. Table 3. Scenario 1: Luuu-Iu4u t,kuuiiiuIIaJL INVatershed Industrial/ Total Total' Available Studv-krea Commercial Developed Land Area* Land 60 60 530 470 a b 100 100 1,911 1,811 26 26 663 637 c d 15 15 165 150 16 16 790 774 e f outside impact area 50 50 508 458 50 50 133 83 9 55 55 447 392 h 135 135 1,424 1,289 1 k 109 109 975 866 60 60 94 34 m 38 38 53 15 n o outside impact area 20 20 178 158 170 170 602 432 p q outside impact area 5 5 34 29 r outside impact area 20 20 76 56 s outside impact area 5 5 9 4 Total;, , 934 934 7,o58 Note: In addition to the 934 acres total, 169 acres to be distributed randomly throughout area outside impact area *Proposed for commercial 103 acres of commercial land is forecasted to be built upon within the A total of 1 , watershed study area between 2000 and 2020. Of that total, 934 acres are located in the whereas 169 acres are to be subareas distribut ed randomly throughout the area outside , the impact area. The 934-acre total only repre sents 10.9% of the total area proposed for commercial development within the 1 7 subare as of the watershed study area. Of the estimated 934 commercially-developed acres, 834 acres (89.3%) are forecasted within the impact area. To more accurately forecast the distribution of the forecasted commercial acreage, it was divided into industrial, office, and retail categories. Each subarea was then evaluated 5 based on its ability to attract specific types of commercial development. The areas closer to I-485 and Mecklenburg County were assumed to attract more office development, while areas along the US-74 corridor were more attractive for retail development. Industrial development was mainly focused in areas near the Monroe Airport and northeast of Monroe, where existing facilities are located. Subareas p and I have by far the most developed acres allocated to them. Subarea p is the closest subarea to I-485 and straddles both sides of US-74, making it an ideal location for spillover growth from Mecklenburg County. Subarea I, near the Monroe Airport, already includes an employment cluster of existing industrial facilities that could be further expanded. Most of the commercial subareas outside of the impact area received the least amount of future growth, except for subareas c,d, and e, which are all east of Monroe along US-74 near the Anson County border. Scenario 2 (Residential): As mentioned before, the proposed roadway project will only have an influence on development inside the identified impact area. Table 4 below shows the distribution of the 10,775 acres of residential growth between 2000 and 2020 within residential subareas 1 through 13. These subareas have different boundaries than those in Scenario 1 because of the proposed roadway dynamics. For an evaluation of the potential for land use change in each of these subareas, see HNTB Final Document. The Monroe Bypass/Connector project would not only add an estimated 3,666 households at various densities within the impact area over the next 18 years, to some extent it would also redistribute and change the densities of some of the future growth that would occur without the roadway being built (Scenario 1). GKcs ImpactArea' _ (0-t Dti!.1(') 1 359 275 137 2,256 347 8,531 10,218 411 4,13( 1,01E 2,73E 16,18( 1,22" 1,07 6,41' 1,16! Total AN AI-ablc Land 9,659 11,313 1,275 5,181 1,153 3,078 18,498 1,401 1,426 7 568 anario 2: ZUUU-Loco AUUMou41 , LDGrb;ni NI [IL Omn DC,AC) (%-2.5 Dl'%AC 410 35 328 49 85 1,051 342 22 4 174 Dotal DeN clopcd Landl 1,128 1,095 858 1,051 137 342 2,318 174 347 10 1,153 1,153 > 574 574 1,743 11 483 4,751 12 483 1,115 15,949 13 ` 1,115 072 3,150 1 L 32 3 1(1,77) SZ.y9? . total: *These numbers would be added to the area outside the impact area in Scenario 1 to determine total for entire watershed study area -Proposed for residential 72,'_20 6 1 Although not as low density as Scenario 1, most of the 10,775 total acres to be developed by 2020 will be low density in character, with 8,452 acres (78.4%) forecasted to be developed at a density between 0 and 2.5 units per acre. The majority of that low density development will be located in subareas 7 and 13, located in extreme northeastern and southeastern Union County, where sewer service and growth momentum is at a = .a minimum. Higher density development is forecasted in subareas 1, 2, and 3, which are all either adjacent to Mecklenburg County or straddle the US-74 corridor west of Monroe. Subarea 11, located along US-74 between Monroe and Wingate, also should develop at a higher density. Mainly because of travel time savings and planned sewer services, future residential development in subarea 10, which straddles US-74 east of Monroe and west of Marshville, should also increase. As was the case in Scenario 1, only 13% of the total residential land available for development is forecasted to be developed upon by 2020. Scenario 2 (Commercial): With the addition of the Monroe Bypass/Connector project, there are employment areas that would be generated in addition to those designated in Scenario 1. Most of these additional subareas would be focused around the proposed interchanges of the new roadway, as well as supplement the already developing US-74 corridor between Monroe and Mecklenburg County. Table 5 below shows the forecasted distribution of commercial acreage by designated subarea. -kl l (Vier TotIj Tot,-,I l??k?le Total Avail, hle rc<i* Corridor ,G C?x?idots .vest"" Luul'- C?)rriiioi G I.uid - ?11(xher 1 25 51 1,527 1,502 1,47 2 g 25 734 726 709 3 43 17 212 169 195 4 17 25 1,224 1,207 1,199 5 33 8 271 238 263 6 8 g 403 395 395 7 g 8 328 320 32 8 g 8 388 380 38 9 17 17 499 482 482 TOU: 167 16 S.SWi 5.419 5.419 *In addition to the 1,103 acres in Scenario I **Proposed for con racial There are five alternative alignments proposed for the Monroe Connector project. Corridor G is located along existing US-74, connecting to the Monroe Bypass near Rocky River Road. Because of only slight variations in interchange locations, the other four alternative alignments, D-2, D-3, E-2, and E-3, all include the same amount of acreage by subarea. 7 As a result of the proposed roadway being built, an additional 167 acres of commercial development is forecasted within the entire watershed area, all of which would occur in the impact area. This total is added to the 1,103 acres in Scenario 1 for the total amount of forecasted commercial development between 2000 and 2020 in this scenario. The distribution of the 1,103 acres of commercial development in Scenario 1 would remain the same even when the Monroe Connector/Bypass is built. Therefore, only the induced commercial acreage as a result of the roadway is shown in Table 5 above. As was the case in Scenario 1, we divided the total 167 acres into retail, office, and industrial categories to more accurately distribute the induced growth. The share of the total for each category (retail=92 acres, office=40 acres, industrial=35 acres) was determined by what the share in Scenario 1 was forecasted to be between 2000 and 2020. Most of the induced commercial development surrounds the interchanges closer to Mecklenburg County, feeding off the Monroe Bypass/Connector, US-74, and I-485. It was determined that most of the interchanges closer to Mecklenburg County would have a combination of office, retail, and industrial uses, while interchanges further east would tend to be predominantly retail-oriented, with a certain amount of industrial uses as well. Scenario 3 (Residential): With the environmental development controls in place within the Duck and Goose Creek basins (represented by Subarea 1), only 4%, or 548 households of the total 13,690 forecasted households within the impact area were allocated to Subarea 1. In Scenario 2, without the development controls, Subarea 1 comprised 20.6%, or 2,820 households. The density at which these households are developed also changes between Scenario 2 and Scenario 3. Whereas the Subarea 1 households in Scenario 2 were fairly equally distributed among the three different density levels, all of the Subarea 1 households in Scenario 3 are forecasted to be developed as GRes (0-1 DU/AC). Because of this, the amount of developed acreage is similar between the two scenarios for Subarea 1. Table G_ Crenarin 3c 2000-2020 Additional Develoned Land (Acreage) 1rnpactArea..,,' GRes -(0-t DI/AC) I-M rbvr (I-2.; DU/AC) iN1 11DLr1a? 1?=2.5 DIYAC) 'total Developed Eaml 't'otal Area" AvaiLrble' Land 1 1,096 1,096 9,659 8,563 2 1,472 1,472 11,313 9,841 3 968 968 1,275 307 4 1,188 1,188 5,181 3,993 5 274 274 1,153 879 6 411 411 3,078 2,667 7 2,256 22 40 2,318 18,498 16,180 8 174 174 1,401 1,227 9 347 347 1,426 1,079 10 1,153 1,153 7,568 6,415 11 574 574 1,743 1,169 12 483 483 4,751 4,268 13 1,115 1,115 15,949 14,834 1 otol: 5.571 2,948 3,054 11.573 82,995 71,4221 *Only in impact area **Proposed for residential :I An indirect effect of implementing the environmental development controls in Subarea 1 is that the growth that would have occurred there is now distributed in neighboring { subareas, particularly in Subarea 2, whose boundaries match that of the Crooked Creek =i basin. Whereas in Scenario 2 this subarea comprised 18.1%, or 2,480 households of the total 13,690 forecasted households within the impact area, in Scenario 3, it comprised 25%, or 3,423 households (nearly 1,000 more households). Because of the high-density (2.5 DU/AC) development nature within Subarea 2, the resulting acreage total of 1,472 acres is only 377 acres higher than the 1,095-acre total in Scenario 2. The distribution of the 3,666 induced households because of the proposed roadway remains the same as it was in Scenario 2, with the Duck and Goose Creek basins (Subarea 1) receiving no additional development as a result of the Monroe Bypass/Connector in either scenario. Of these induced households, Subarea 10, located in eastern Union County where the Monroe Bypass connects with US-74, is forecasted to comprise 33%, or 1,210 households representing 605 acres (2 DU/AC). This high percentage allocation is mostly due to a substantial travel time savings of nearly 30 minutes for commuters to Mecklenburg County, making Subarea 10 more attractive for residential development. Scenario 3 (Commercial): Same as Scenario 2. .I Reference data were combined to create a single land-use layer utilizing eight categories reported by Dodd et al. (2002). Figure 2 depicts the current land-use conditions within the DWQ Study Area. The existing area of category was calculated, and median ExCo values were multiplied by the area for each category to obtain total estimated nutrient export for current land-use conditions (Table 1 a). SCENARIO 1: YEAR 2020 WITHOUT THE BYPASS HNTB provided ESC with GIS data depicting anticipated development assuming that the Bypass is not constructed by Year 2020. These data are based on current zoning, the Union County future land use plan, developable land, and best professional judgment. Developable land is all land currently available for development after existing development and constraining factors (poor soils for septic, floodplains, and steep slopes) have been removed. HNTB also provided ESC with the total hectarage of predicted development for the four developed land-use categories (Industrial/Commercial, Low Density Urban, Medium/High Density Urban, and General Residential). ESC used these data to derive future land-use within the DWQ Study Area. Future development was predicted along road corridors, adjacent to similar land uses, and away from constraining factors such as floodplains. Future development within the four developed land-use categories were derived separately in accordance with HNTB guidance. During the process, some current land uses were converted to different land use categories (example: Forest/Wetland may have been converted to Low Density Urban). Predicted nutrient export for Scenario 1 is provided in Table 1 b. The land use predicted for Year 2020 without the Bypass is provided in Figure 3. SCENARIOS 2 AND 3: YEAR 2020 WITH THE BYPASS The indirect and cumulative impacts resulting from Bypass construction have been determined by HNTB to be restricted to the Impact Area. Additional lands outside the Impact Area (but within the DWQ Study Area) are expected to experience growth similar to conditions without the road. After calculating Bypass-related land-use changes within the Impact Area, ESC personnel combined future development derived for Scenario 1 (without the Bypass) to future development with the Bypass (Scenario 2 or 3). The cumulative, predicted future development was used to update current land-use conditions through the use of GIS spatial analysis. For Scenario 3, the U.S. Fish and Wildlife Service (FWS), DWQ, and N.C. Wildlife Resources Commission (WRC) have been negotiating additional land-use policies and controls aimed at reducing nutrient and sediment run-off from future development in order to prevent further degradation of 303d-listed (impaired) streams and protect critical habitat for the Carolina heelsplitter (Lasmigona decorata). The heelsplitter is a federally Endangered mussel endemic to the region. Two of three stream systems within North Carolina that contain existing population of the species, Goose and Duck Creeks, are located within both the DWQ Study Area and the Impact Area. For this reason, additional land-use policies are considered imperative by the resource agencies in order to protect water quality important to aquatic resources. 7 /lG067 - Li 5'71 Individual Permit QA/QC data collection sheet 10d- oe G .-r - a ss? (3 fie, Project Name ?? Project # ??? ?? County ?i 1. Original Application (format fo data: month/day/year) Date of Public Notice // -7 I d Date Put on Hold (if any) -5- 7 d-5? Date Info Received (if any) at 0a Date Put on Hold again (if any) 45 f Date Info Received again (if any) 8-/ 31U? Date Put on Hold again (if any) ?9 C) Date Info Received again (if an ) Date 401 Issued ?r? ?'? cJ a II. First Modification Date modification request received Date Put on Hold (if any) Date Info Received (if any) Date Put on Hold again (if any) Date Info Received again (if any) Date Put on Hold again (if any) Date Info Received again (if any) Date modified 401 Issued III.. Second Modification Date modification request received Date Put on Hold (if any) Date Info Received (if any) Date Put on Hold again (if any) Date Info Received again (if any) Date Put on Hold again (if any) Date Info Received again (if any) Date modified 401 Issued IV. Third Modification Date modification request received Date Put on Hold (if any) Date Info Received (if any) Date Put on Hold again (if any) Date Info Received again (if any) Date Put on Hold again (if any) Date Info Received again (if any) Date modified 401 Issued V. Fourth Modification Date modification request received Date Put on Hold (if any) Date Info Received (if any) Date Put on Hold again (if any) Date Info Received again (if any) Date Put on Hold again (if any) Date Info Received again (if any) Date modified 401 Issued Indvidual Permit QA/QC data collection sheet Project Name [V47r,0-6iA!V-,- Project # C County IV. V. Original Application (format f r d a: month/day/year) Date of Public Notice Date Put on Hold (if any) Date Info Received (if any) 3 Date Put on Hold again (if any) V Date Info Received again (if any) Date Put on Hold again (if any) Date Info Received again (if any) ° Date 401 Issued First Modification Date modification request received Date Put on Hold (if any) Date Info Received (if any) Date Put on Hold again (if any) Date Info Received again (if any) Date Put on Hold again (if any) Date Info Received again (if any) Date modified 401 Issued Second Modification bate modification request received Date Put on Hold (if any) Date Info Received (if any) Date Put on Hold again (if any) Date Info Received again (if any) Date Put on Hold again (if any) Date Info Received again (if any) Date modified 401 Issued Third Modification Date modification request received Date Put on Hold (if any) Date Info Received (if any) Date Put on Hold again (if any) Date Info Received again (if any) Date Put on Hold again (if any) Date Info Received again (if any) Date modified 401 Issued Fourth Modification Date modification request received Date Put on Hold (if any) Date Info Received (if any) Date Put on Hold again (if any) Date Info Received again (if any) Date Put on Hold again (if any) Date Info Received again (if any) Date modified 401 Issued 6-14 /O"-7, ?? ?? M SfA7E° STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR October 31, 2003 North Carolina Division of Water Quality 401 Wetland Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 ATTN: Mr. John Dorney Dear Sir: LYNDo TIPPETT SECRETARY WETLANDS/ 401 GROUP 0 C T 3 1 2003 WATER QUALITY SECTION SUBJECT: WATER QUALITY CERTIFICATION NO. 3395, MONROE BYPASS, TIP PROJECT NOS R-2559 B AND C On October 5, 2002, Water Quality Certification No. 3395 (WQC), pursuant to section 401 of the Federal Clean Water Act, was issued for the Monroe Bypass, TIP Project Nos. R-2559 B and C. The NCDOT Hydraulics Unit obiectcd to inulations in Condition 6 Lin the WOE_regarding,?itesl,3,?,1Q,15.and 15A. Personnel frorri ti2e`Hydraulics'Unit met :r with Mr. TaM, St. John of your staff on A?.ig tst 28,2003 An agreement was reached on the modifications of these sites. The modified drawings are included in Appendix A for your approval. 2003. A copy of the design is included in Appendix B. Site 2 was also addressed in Condition 6. NCDOT has already changed the design to include a type "A" basin to ensure better sedimentation and erosion control. This design was sent to DWQ in a letter addressed to Mr. Steve Lund of the USACE dated February 24, Additionally, Condition 8 requires NCDOT to submit a maintenance plan for all storm water management facilities and hazardous spill catch basins associated with the project. The Hazardous Spill Basin Maintenance Commitments, which are being provided to comply with this condition, are included in Appendix C. 2, 2003 A `1" t cw?duw MAILING ADDRESS: NC DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1548 MAIL SERVICE CENTER RALEIGH NC 27699-1548 44- A's wv- r C n? , (o) I'VL-a cam- U w Y-4 TELEPHONE: 919-733-3141 FAX: 919-733-9794 WEBSITE. WWW.DOH.DOT.STATE.NC.US LOCATION: TRANSPORTATION BUILDING 1 SOUTH WILMINGTON STREET RALEIGH NC The North Carolina Department of Transportation requests a letter verifying your acceptance and if appropriate, your approval of these issues. If you have any questions or need additional information, please contact Mr. Lindsey Riddick at 919-715-1459. Sincerely, u , Grego J. Thorpe, Ph.D. Environmental Management Director Project Development and Environmental Analysis Branch cc: Mr. Steve Lund, USACE Asheville Field Office Mr. David Franklin, USACE, NCDOT Coordinator Ms. Marella Buncick, USFWS Ms. Marla Chambers, NCWRC Mr. Chris Militscher, USEPA Mr. John Sullivan, III, FHWA Mr. Jay Bennett, P.E., Roadway Design Mr. Omar Sultan, Programming and TIP Ms. Debbie Barbour, P.E., Design Services Ms. Debbie Barbour, P.E., Highway Design Mr. Dave Chang, P.E., Hydraulics Mr. Greg Perfetti, P.E., Structure Design Mr. Mark Staley, Roadside Environmental Mr. B. G. Payne, P.E., Division 10 Engineer Mr. Larry Thompson, Division 10 DEO Mr. Michael Wood, LSS, Catena Group APPENDIX A Section R-2559 C Modified Drawings z 0 H a ? ? ? 1 p" g p,,, U O t `s F rT U 91 ig 4 W O z 0 ? H F 1 E,; o Z v ? A a ? a w ss s { ? a ? `' • I ? ? sus ss ' •? as of not r l e r r • \ ? \ ar ` • a a s oil a wl >? '? ?, vt?esyr? I ?, a A iiaa i oil b i `, l i i i i i rr i• ? ???.? 1 sass aar• ''? ;??5 { ?? sr e s I 3 ? • I C146. a 1 ? s r r? ? ! r s a a a sy o: sy { I r ry ? 1 N 1 1 1 1 I { t t I I i O O s M O H ;? x o o U O o c z H U o U A c 0. aH H W -I- 00+ZZ 'V1S w w z / 0 a 1\1 0`` O m 1 ?\ sef j U ? i . \ 1 z pace \ \ ? cad 1 ? \ vs! U o 2 ! 1 i / 1 \ z ? / 1 z i / I w / t m I d I U 1 vs s? 1 ; I 1 ?? I N -l- Otr+OZ 'V1S C) f z o 0 b 311S -l- 00+9Z 'd1S 3NIIH01VY4 E+ I 1 F U W 0: I ' a z ? rT. I 1 c C w E" O z F, ? W ? ` i O 0 z E" ? E"' O U 1 W C M a- ? W Ey " ?d i U A a ? U m 1 1 ? I ? I H Y I O I I °? o 1 r e? ? 1 I I ? sz ' di 1 ,\ _\ y 1 I I 1 I ? mV I ? 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APPENDIX C Hazardous Spill Basin Maintenance Commitments Hazardous Spill Basin Maintenance Commitments • Annual Inspection for structural integrity (cut slope stability, embankment erosion or scour) • Annual Inspection of control structure (sandbag replacement, Tube & maintenance of mechanical devices) • Annual Inspection for vegetation control (woody vegetation removal, etc.) • Hazardous Spill Removal & Cleanup Immediate action will be taken to coniain spill and prevent discharge into receiving waters. Spill removal and cleanup by contractual service provider or responsible parties will proceed ASAP. I Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality Division of Water Quality Department of Environmental and Natural Resources Wetlands/401 Unit Street Address: 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260 Mailing Address: 1650 Mail Service Center Raleigh, NC 27699-1650 Contact Information: Phone #: 919-733-1786 Fax #: 919-733-6893 Fax To: [Atc LIJ Fag #: 04 Company: Date: 10 ?2a? Z .umber of pages including cover sheet: votes or special instructions: .4 C. Division of Water Quality, 401 Wetlands Certification Unit, -50 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 21 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 19) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwedands FW: Counter Proposal to Wildlife Agencies Subject: FW: Counter Proposal to Wildlife Agencies Date: Tue, 1 Oct 2002 14:40:23 -0600 From: <BKreu1zb@CH2M.com> To: <john.dorney@ncmail.net> You will get this eventually. Go Packers! Y -----Original Message----- From: chrisp@co.union.nc.us [ma ilto:ch risp@co. union. nc. us] Sent: October 01, 2002 4:21 PM To: Deaton, Shannon L. Cc: MShalati@co. union. nc. us; 3 Lesch@co. union. nc. us; RBlack@co. union. nc. us; ]onDyer@co.union. nc.us; David Powell@co.union.nc. us; Kreutzberger, Bill/CLT; slevitas@kilpatrickstockton.com; minthill@minthill.com; bmatthews@alltel.net; jcm@indiantrail.org; bgullet@ci.charlotte.nc.us; rozzers@co.mecklenburg.nc.us; vrowell@wsacc.org; msimpson@waxhaw.com Subject: Counter Proposal to Wildlife Agencies On behalf of Union County and the towns of Stallings, Indian Trail, and Mint Hill, I am pleased to transmit the attached counterproposal for riparian buffer requirements to protect the Carolina Heelsplitter mussel and its habitat in Union County.* While the buffers we are proposing are not as extensive as you have requested, we believe they substantially exceed anything that has been implemented in North Carolina and will provide the necessary protection to the mussel, particularly when implemented in conjunction with the other proposed management strategies. We have maintained 200 foot buffers in large portions of the affected watersheds, have a minimum of 100 foot buffer in all designated critical habitat areas, and a minimum of 50 feet in all other areas. Undisturbed forested buffers would be required over major portions of these areas. Please keep in mind that these buffers are a last line of defense and that we have already committed to significant other land use controls, including density restrictions and advanced stormwater management requirements. We believe that we have reached a critical juncture in this process. We have an opportunity to work together to put in place a very aggressive, far-reaching program of endangered species and water quality protection that can serve as a model for the state and the country. This would be a true "win-win, allowing our needed infrastructure developments to move forward, while ensuring that the environment is protected from cumulative and secondary impacts. However, it will not be easy to get this program adopted and there is no guarantee that the governing bodies of our jurisdictions will approve it. We expect considerable opposition from affected parties, but given the importance of what is at stake, we are prepared to work hard to make this happen. We believe that the sooner we act, the better our chances of success. In addition, the longer we wait, the greater the risk to the mussel. We therefore hope that we can move quickly to reach a final agreement and begin the process of working to get the proposed management strategies adopted. Once you have had a chance to review this proposal, please let me know what you think about next steps. Thanks very much for your assistance. *Please be advised that Mint Hill is prepared to adopt the proposed buffers and other management strategies in connection with the construction of the proposed regional wastewater treatment plant or authorization of an interbasin transfer, but does not see the necessity to do so in connection with construction of the Highway.74 bypass. 1 of 2 10/2/02 5:12 PM FW: Counter Proposal to Wildlife Agencies Name: CounterProposal.doc Type: Microsoft Word Document (application/msword) CounterProposal.doc Encoding: base64 Description: CounterProposal.doc Download Status: Not downloaded with message Name: Attachmentl.pdf Type: Acrobat (application/pdf) Encoding: base64 Description: Attachmentl.pdf Download Status: Not downloaded with me 2 of 2 10/2/02 5:12 PM Counter Proposal on Goose, Duck and Waxhaw Creek Basins Subject: Counter Proposal on Goose, Duck and Waxhaw Creek Basins Date: Tue, 1 Oct 2002 17:11:37 -0400 From: "Deaton, Shannon L." <Deatonsl@MAIL.WILDLIFE.STATE.NC.US> To: "Alderman, John M." <Aldermjm@mindspring.com>, "'bellis@dot.state.nc.us"' <bellis@dot.state.nc.us>, "Chambers, Marla J." <chambersmj@vnet.net>, "Cox, David R." <COXDR@MAIL.WILDLIFE.STATE.NC.US>, "' cynthia.vandermil@ncmail.net"' <cynthia.vandermil@ncmail.net?- "Fowlkes, Mark D." <fowlkesmd@earthlink.net>, "Johnson Ratcliffe, Judith" <johnsonj5 @mindspring.com>, "'John.Dorney@ncmail.net"' <John.Dorney@ncmail.net?- "John _fridell@fws.gov"' <john_fridell@fws.gov?- "Linville, Ron" <Linvillejr@earthlink.net>, "'lthompson@dot. state.nc.us"' <lthompson@dot.state.nc.us> "'Marella_Buncick@fws.gov"' <Marella_Buncick@fws.gov?- "' mark_a_cantrell@fws.gov"' <mark_a_cantrell@fws.gov?- "McBride, Frank" <mcbrideft@earthlink.net>, "'mikegwood@juno.com"' <mikegwood@juno.com? "'milt.rhodes@ncmail.net"' <milt.rhodes@ncmail.net? "Pender, Danielle R." <penderdr@MAIL.WILDLIFE.STATE.NC.US>, "'rdeaton@dot.state.nc.us"' <rdeaton@dot.state.nc.=? "'Samar.Bou-Ghazale@ncmail.net"' <Samar.Bou-Ghazale@ncmail.net?- "'steven.w.lund@saw02.usace.army.mil"' <steven.w.lund@saw02.usace.army. mil> CC: "Harris, Frederick" <HARRISFA@MAIL.WILDLIFE.STATE.NC.US>, "Borawa, James C." <Borawajc@earthlink.net>, "Van Horn, Scott L." <VANHORSL@MAIL.WILDLIFE.STATE.NC.US>, "Fraley, Stephen J." <fraleysj @charter.net> I have received a counter proposal from Union County and Mint Hill in response to WRC's 2nd buffer proposal. For your convenience, I have also attached a chart including the contents of WRC's 2nd buffer proposal for your reference. Christy Putnam did not technically give me a deadline that we should work with on responding to this proposal but expressed its urgency due to several outside factors. Please plan on sending me written comments via email by Tuesday, October 8. I do not think there are plans to have another meeting but we should let them know if we feel there is a need. If you have questions, feel free to send them to Christy Putnam (chrisp@co.union.nc.us <mailto:chrisp@co.union.nc.us> ) or through me to Christy, whichever works best. I just received this information and have not had a chance to fully review it. I wanted to make sure I forwarded it out ASAP. Shannon Deaton Habitat Conservation Section NCWRC Division of Inland Fisheries 1721 Mail Service Center Raleigh, North Carolina 27699-1721 919/733-3633 x 283 phone 919/715-7643 fax -----Original Message----- From: chrisp@co.union.nc.us <mailto:chrisp@co.union.nc.us> [SMTP:chrisp@co.union. nc.usI <mailto:[SMTP:chrisp@co.union. nc.usI> Sent: Tuesday, October 01, 2002 4:21 PM To: Deaton, Shannon L. Cc: MShalati@co.union.nc.us; <mailto:MShalati@co.union.nc.us;> I of 3 10/2/02 7:21 AM Counter Proposal on Goose, Duck and Waxhaw Creek Basins JLesch@co.union. nc.us; <mailto:JLesch@co.union. nc.us;> RBlack@co.union. nc.us; <mailto:RBlack@co.union. nc.us;> JonDyer@co. union. nc. us; <mailto:JonDyer@co.union. nc.us;> DavidPowell@co. union. nc. us; <mailto:DavidPowell@co.union. nc.us;> bkreutzb@CH2M.com; <mailto:bkreutzb@CH2M.com;> slevitas@kilpatrickstockton.com; <mailto:slevitas@kilpatrickstockton.com;> minthill@minthill.com; <mailto:minthill@minthill.com;> bmatthews@alltel.net; <mailto:bmatthews@alltel.net;> jcm@indiantrail:org; <mailto:jcm@indiantrail.org;> bgullet@ci.charlotte.nc.us; <mailto:bgullet@ci.charlotte. nc.us;> rozzers@co.mecklenburg.nc.us; <mailto:rozzers@co.mecklenburg.nc.us;> vrowell@wsacc.org; <mailto:vrowell@wsacc.org;> msimpson@waxhaw.com <mailto:msimpson@waxhaw.com> Subject: Counter Proposal to Wildlife Agencies On behalf of Union County and the towns of Stallings, Indian Trail, and Mint Hill, I am pleased to transmit the attached counterproposal for riparian buffer requirements to protect the Carolina Heelsplitter mussel and its habitat in Union County.* While the buffers we are proposing are not as extensive as you have requested, we believe they substantially exceed anything that has been implemented in North Carolina and will provide the necessary protection to the mussel, particularly when implemented in conjunction with the other proposed management strategies. We have maintained 200 foot buffers in large portions of the affected watersheds, have a minimum of 100 foot buffer in all designated critical habitat areas, and a minimum of 50 feet in all other areas. Undisturbed forested buffers would be required over major portions of these areas. Please keep in mind that these buffers are a last line of defense and that we have already committed to significant other land use controls, including density restrictions and advanced stormwater management requirements. We believe that we have reached a critical juncture in this process. We have an opportunity to work together to put in place a very aggressive, far-reaching program of endangered species and water quality protection that can serve as a model for the state and the country. This would be a true "win-win, allowing our needed infrastructure developments to move forward, while ensuring that the environment is protected from cumulative and secondary impacts. However, it will not be easy to get this program adopted and there is no guarantee that the governing bodies of our jurisdictions will approve it. We expect considerable opposition from affected parties, but given the importance of what is at stake, we are prepared to work hard to make this happen. We believe that the sooner we act, the better our chances of success. In addition, the longer we wait, the greater the risk to the mussel. We therefore hope that we can move quickly to reach a final agreement and begin the process of working to get the proposed management strategies adopted. Once you have had a chance to review this proposal, please let me know what you think about next steps. Thanks very much for your assistance. *Please be advised that Mint Hill is prepared to adopt the proposed buffers and other management strategies in connection with the construction of the proposed regional wastewater treatment plant or authorization of an interbasin transfer, but does not see the necessity to do so in connection with construction of the Highway 74 bypass. <<CounterProposal.doc>> <<Attachmentl.pdf>> -----Original Message----- From: Deaton, Shannon L. Sent: Wednesday, September 04, 2002 6:03 PM To: 'Marella_Buncick@fws.gov' Subject: WRC 2nd Buffer Proposal on Goose, Duck and Waxhaw Creek 2 of 3 10!2!02 7:21 AM Counter Proposal on Goose, Duck and Waxhaw Creek Basins Basins Importance: High I have attached it and copy pasted it. I am sorry for the delay on this. Let me know if you need for me to fax it to you somewhere else. <<WRC2ndBufferProposalUnion.xls>> Proposed Local Jurisdiction Buffer Widths in Goose Creek Watershed Upstream Drainage Area Critically Designated or Occupied Habitat Streamside Zone (Zone 1) Upland Zone (Zone 2) > 300 acres Y 200 N 100 flood fringe 50 - 300 acres Y 150 50 N 75 25 < 50 acres * * Y 50 50 N 30 20 * Utilities remain outside the buffer and stream crossings minimized. Utilities allowed in certain circumstances as allowed by state and federal agencies. * * To include streams shown on County Soil Survey, USGS, and detailed stream mapping, whichever is more restrictive and complete. Name: CounterProposal.doc M--?-__--. CounterProposal.doc Type: Microsoft Word Document (application/msword) Encoding: base64 Download Status: Not downloaded with message Name: Attachmentl.pdf ?Attachmentl.pdf Type: Acrobat (application/pdf) Encoding: quoted-printable Download Status: Not downloaded with message T Name: WRC2ndBufferProposalUnion.xls Type: Microsoft Excel Worksheet M'--_'-M?_---_ WRC2ndBufferProposalUnion.xls (application/vnd.ms-excel) Encoding: base64 Download Status: Not downloaded with message 3 of 3 10/2/02 7:21 AM UNION COUNTY PLANNING DEPARTMENT TO: Shannon Deaton, NC Wildlife Resources FROM: Christie Putnam, Union County Stormwater SUBJECT: Counter Buffer Proposal DATE: 10/02/02 The purpose of this memorandum is to respond to the proposal put forth by the wildlife agencies (the North Carolina Wildlife Resources Commission and the U.S. Fish and Wildlife Service) for riparian stream buffers in the Goose, Duck and Waxhaw Creek watersheds in Union and Mecklenburg County at a meeting on September 3, 2002. This proposal was prepared in consultation with staff from the Division of Water Quality and Division of Land Quality. The following table summarizes the resource agencies' buffer proposal. September 3, 2002 Drafted by Wildlife Agencies Upstream Drainage Area Critical/Occupied Habitat Design tion Streamside Zone (Zone 1) Upland Zone (Zone 2) >300 acres Yes 200' No 100' Flood fringe 50-300 acres Yes 150' 50'* No 75' 25' <50 acres** Yes 50' 50' No 30' 20' 'Utilities remain outside buffer and stream crossings minimized. Utilities allowed in certain circumstances as allowed by state agencies and federal agencies **To include streams shown on County Soil Survey and USGS and detailed stream mapping; whichever is greater This memorandum will attempt to clarify the areas of the watershed for which the critical habitat protection requirements apply and to present a counter proposal for the buffer requirements based on local government issues and the functional requirements of the buffers. Critical Habitat Requirements After the wildlife agencies developed the above proposal, there was some discussion about the definition of critical habitat areas for the Goose and Duck Creek watershed areas. The local jurisdictions were referred to the final critical habitat designations included in the July 2, 2002 Federal Register. Based on the map included in the Federal Register, a map was prepared showing the watershed areas where the critical habitat requirements would apply. This is included as Attachment 1. Buffer Requirements The local governments evaluated the proposed buffers as they would be applied within the jurisdictions in the Goose and Duck Creek watersheds. It was assumed that the entire Waxhaw Creek watershed would be considered critical habitat. Several points were raised regarding the buffers as follows: • The agencies have extensively increased the size of buffers required for small streams versus the jurisdiction's proposal by redefining the upstream drainage area requirements. Previously, the local governments proposed one category <300 acres with a total buffer width of 35 feet. • When wider buffers are proposed with Streamside (forested) zones of 50 feet or greater, the need for an upland zone is reduced or eliminated. For sediment control, a dual zone buffer is valuable when smaller buffers are applied but is not necessary for buffers where the forested zone exceeds 50 feet especially when there are separate requirements to prevent stormwater discharges from short-circuiting buffers (such as level spreaders, etc. which would be employed outside the buffers). Union County is committing to the development of a local sediment and erosion control program that should significantly reduce the demand on buffers to protect area streams. • The main justification for the wider buffers proposed by the resource agencies are the energy requirements of the stream ecosystem (such as organic material from leaf litter) to support the endangered organisms. While the local governments do not fully concur with this justification, an additional upland zone beyond the forested buffers cannot be justified based on the "energy" rationale. • The resource agencies' proposal will extensively impact small watershed areas. GIS analyses will soon be available to determine the exact areas impacted by the buffers. Preliminary analyses of the critical area within the Duck Creek portion of the watershed indicate that the resource agencies' proposal will impact as much as 35% of the watershed. • The buffer proposals are only a last line of defense for control of runoff from these watersheds since stormwater management controls for Phase 2 NPDES Stormwater will be required even for low density development within the watershed with more extensive stormwater controls for any higher density development. • Other mechanisms may be available to increase open space within the watersheds rather than by achieving open space requirements through imposition of wide buffers for small streams. 2 With these points in mind, the local governments developed a counter proposal to the resources agencies buffer requirements as follows: October 1, 2002 Drafted by Local Jurisdictions to Upstream Drainage Area Critical/Occupied Habitat Design tion Streamside Zone (Zone 1) Upland Zone (Zone 2) >300 acres Yes 200' No 100' Flood fringe 50-300 acres Yes 1001* No 50' -- <50 acres** Yes 50' No 30' 20' 'Utilities remain outside buffer and stream crossings minimized. Utilities allowed in certain circumstances as allowed by state agencies and federal agencies **To include streams shown on County Soil Survey and USGS and detailed stream mapping; whichever is greater Summary The local governments have attempted to define the area for which the critical habitat requirements apply and present a counter proposal for the buffers based on several factors. The local governments have to implement the proposed buffers through a local ordinance development process. Public pressure is already developing opposing extensive buffers even though requirements are not yet known to the general public. Local government staff will begin the process of informing their elected officials as soon as requirements for the buffers are agreed upon. Time is of the essence to begin this information process before opponents have time to wage an extensive misinformation campaign. v 411, 21r IM IYO Ve 3 S 0 ?0- 0 v S 00 CD CD N 7 N (p N Co N O_ O O Q W O () C N a v CN 11,31, G7 0 0 0 O n ' -' (n r. n 0 (D 0 0 N n m 2 2 CD (D v N (D T 6 F ? v v N D W N cn C (CD CD N Q 2 O ZD N CD ° o m n ,' ? _rt N 0 ? . w 7 = i C7 O c o c a ; C: 0 _ n? r nCM ------------ % \ °o n 2nd STATE/FEDERAL AGENCY Proposed Local Jurisdiction Buffer Widths in Goose Creek Watershed Critically Designated or Streamside Zone Upland Zone Upstream Drainage Area OCCU ied Habitat Zone 1) Zone 2 > 300 acres Y 200 N 100 flood fringe 50 - 300 acres Y 150 50 N 75 25 < 50 acres * * Y 50 50 N 30 20 * Utilities remain outside the buffer and stream crossings minimized. Utilities allowed in certain circumstances as allowed by state and federal agencies. * * To include streams shown on County Soil Survey, USGS, and detailed stream mapping, whichever is more restrictive and complete. . . Monroe Bypass 401 certification Subject: Monroe Bypass 401 certification Date: Wed, 02 Oct 2002 15:37:18 -0400 From: John Dorney <john.dorney@ncmail.net> To: "chrisp@co.union.nc.us" <chrisp@co.union.nc.us>, mikegwood@juno.com, jloyd@monroenc.org, bmatthews@alltel.net CC: "Bou-Ghazale, Samar" <samar_bou-ghazale@mro.enr.state.nc.us>, "Todd St. John" <todd.st.john@ncmail.net>, Bev Strickland <bev.strickland@ncmail.net>, Cynthia Van Der Wiele <cynthia.vanderwiele@ncmail.net>, Coleen Sullins <Coleen. Sullins@ ncmail.net>, Dennis Ramsey <dennis.ramsey@ncmail.net>, Jerry Mccrain <Mccrain@ecosciencenc.com>, Milt Rhodes <milt.rhodes@ncmail.net>, Robert Deaton <rdeaton@dot.state.nc.us>, steven.w.lund@saw02.usace.army.mil, Milt Rhodes <milt.rhodes@ncmail.net>, bellis @dot. state.nc.us, deatonsl@mail.wildlife.state.nc.us the 401 certification for the monroe bypass has been issued and will be mailed tomorrow. if anyone really needs (as opposed to just "wants"!) a copy faxed to them, please call bev strickland at 919-733-1786 and she will do so tomorrow. i really appreciate all the hard work that samar and cynthia did on this one to address various issues as well as the hard work that DOT, consultants (esp Matt Cusack of Ecoscience - Jerry please forward this email to Matt), the City of Monroe, Union County and the Town of Stallings did to help pull various pieces together. we look forward to continuing to work with all the local municipalities in the area to complete the land use management package. 1 of 1 10/3/02 10:45 AN ? AT ?RpG Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Alan Klimek, P.E., Director Division of Water Quality October 1, 2002 Memorandum To: Cynthia Van der Weile Through: John Dorn From: Todd St. John Subject: Monroe Bypass Union County DWQ# R-2559C Potential Conditions: $$) Site 1 (plan sheet 6 of 25) The plans for Site 1 shall be revised to include the removal of the ditch from the flood plain and the addition of a pre-form scour hole at the termination of the ditch. The ditch and scour hole shall be constructed according to the revised plans. $$) Sites 3, 10, and 15+15A (plan sheets 8, 17, 22 of 25, respectively) Step-pools and vegetated side slopes or similar stream design techniques must be provided for the relocated stream channels shown on these site plans. The typical plans 41wt shall include typical cross sections and plan views that indicates the appropriate pool-to-pool spacing must be approved by the Division of Water Quality's Wetlands Unit before the impacts approved in this Certification occur. The channels must be constructed, planted, and maintained per the approved plans before the highway is opened to traffic. $$) Site 4 (sheets 9 and 10 of 25) Before any of the impacts approved in this Certification occur, an intensive, on site evaluation must be conducted by NC DOT and DWQ to review the potential of the use of natural channel design techniques. Additionally, plans shall be developed based on the evaluation and approved in writing by the Division of Water Quality's Wetlands Unit before the impacts approved in this Certification occur. The channels must be constructed, planted, and maintained per the approved plans before the highway is opened to traffic. North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiands/ /4 - ?? 1 I 1 f i I I i { i N / I ~T 1t? ( ? pip F G? N I i? ??\ 'va p p p « « ?_ I a r ? `,\ eipF i iFF (? ? V i F « ?_, `,\ E • e i «« Bete t ? e e ee t q Z -,\ e p i e YM 15 {rip ' p 1 \ t? « p « e 4• t s a F Via. ?$? \ as 1 f F F `\ 1 F « 1 « i t2i 1 FFp pa p't ,-? `-? CA y { wit' ? --\ ??"i n a• b (? { ? a Ci7 d { ?' d ,CA., y ` L3 p y?y -- I%j Pal ,y f a x z ' z o 1 1??y1 o z < N 1 ^ 1 _ 1 V R ?Q .A CSC IV C? a y O L 1 J ? + I s 0 N r cr- O H E- 44 z O C4 1 O .. 4 a I F+ U cL' ? a°? I H 44 U p .r a z G=,? i ?+ x O ° O w I ? a ?„ v o E» aC a 1? F" ? H w ? N cin 0-4 4 ? ?' W > x w H 11 ?" i A A a W? W ? I U a v U 1 ! I ? vxi 11 ? ? z ? ? I ? I 1 I 1 I I CA 1 I F 1 I o I U- I r?? V I k? C 1 ? 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I I Cr I vm 375 I RCP I N N 1 8/ I l I I w S i 1 I I i i I I 1 s I ?j 82 37S 375 RCP Q RCP i 1 O 0 N U) It CA b r ? r? . . . 0 o z? z z x c r A r ,?' y ° * ?•'\ \ 1 \ I os?, OCT-01-2002 08:27 NCDOT 919 250 4108 P.01/06 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION HYDRAULICS UNIT FACSIMILIE TRANSMITTAL COVER SHEET DATE: 0 ! Z. Please deliver the following pages to: Name: p 61 104k] Of. This facsimilie is being sent by: Name: a Fax Number Called: In - L $J3 REMARKS: M1 AlLtTES 10 IF U.-Tuti-4 JILCAV4 F. 16 E Vt Coy NTR. IF YOU DO NOT RECEIVE ALL PAGES CLEARLY, CALL BACK AS SOON AS POSSIBLE Our Telephone Number is, (919)250-4100 Our FAX No. is: (919) 250 - 4108 PLEASE COUNT PACES, (INCLWING COVER SHEET) TOTAL NUMBER - PAGES OCT-01-2002 08:27 NCDOT 919 250 4108 P.02/06 Subject: Team Members: Final Minutes from the Permit Review for R-2559BIR-25590 Union County held on 2/21/02 Steve Lund Marella Buncick Michael Wood Maryellen Haggard Marshall Clawson Dan Duffield USACE USFWS The Catena Group NCWRC NCDOT-Hydraulics Unit NCDOT-Hydraulics Unit Because her out-of-country trip, Cynthia was not able to attend the Feb. 21, 2002 meeting. On Feb 14, 2002, DOT staff had arranged a separate meeting for her at the Location & Survey Conference Room of the Century Center to discuss the subject projects and R- 6091A. In the meeting Marshall Clawson presented Cynthia with a copy of the permit drawings. With the help of the full size roadway plans Marshall went over the drawings of each site with Cynthia. Cynthia offered no comments on the drawings except that she would check with John Hennessey if a permit drawing is needed for wetland impact area that is less than 0.1 acre. The rest of the team metnbers met on Feb 21, 2002, at the Photogrammetry Conference Room. Marshall presented each agency with a copy of the permit drawings. He used a set of full size plans to go over each drawing with the agencies. The following summarizes agencies' general or specific comments and questions: General Marella inquired about the geotechnical information. She further explained how it would help review the permits. • Steve noted that all the streams needed to labeled, even if there is no name use `unnamed tributary to ?????'° • All wetland site will be added to the permit. • Marella and Maryellen asked about adding pipe length to summary this would help us in knowing the pipe length vs. impacted channel. • There was a group discussion about the old enclosed channel and adding pipe length. • Steve further added a comment about adding the inverts to the permits also. There was a group discussion about adding inverts and pipe lengths. Some on the Team want inverts and pipe lengths. Some just want a slope. Marshall explained that the inverts, pipe/culvert lengths and pipe slopes are really discussion for a OCT-01-2002 08:28 NCDOT REVIEW OF R-2559B _Site 6 919 250 4108 P.06i06 Marella and Steve asked if the abandoned channel was included in the summary. Site 7 Marella asked if the pipe'shown was in the correct location? REVIEW OF R-2559C Sn Marella asked about the stream impacts of 119 m is this correct? She also asked if this was a Natural Stream Design?? Michael Wood replied that there was no room here. As the fill and Mountain come together and create a valley. Site 4 Steve mentioned that the unlabeled ramp needs to be labeled "Damp C" Marella wanted the summary check to see if the stream impacts included the small area at the end of the culverts as this area is lost also. Si? Steve wants a cross section at this site as it would help with the permit process. Site Marella and Maryellen noted that the channel bottom needs to be re-established through pond which is being drained and it needs to be shown on permit also. TOTAL P.06 OCT-01-2002 08:28 NCDOT 919 250 4108 P.05i06 Draft Minutes from the Permit Review for R-25 59B/R 2559C Union County held on 2/21/02 Partcipants Steve Lund Marella Buncick Michael Wood Maryellen Haggard Marshall Clawson Dan Duffield USACE USFW S The Catena Group NCWRC NCDOT-Hydraulics Unit NCDOT-Hydraulics Unit General Marella inquired about the GEOTECH information. She further explained how it would help in the permit process to know this information early on. • Steve noted that all the streams needed to labeled, even if there is no name use `unnamed tributary to ?????" All wetland site will be added to the permit. Marella and Maryellen asked about adding pipe length to summary this would help us in knowing the pipe length vs impacted channel There was a group discussion about the old enclosed channel and adding pipe length. Steve further added a comment about adding the inverts to the permits also. There was a group discussion about adding inverts and pipe lengths. Some on the Team want inverts and pipe lengths. Some just want a slope. Marshall explained that the inverts, pipe/culvert lengths, and pipe slopes are really discussion for a `°rEAM MEETING" and we'll look into it as everyone needs to being doing the same thing. + Team Members has a general discussion about the location map and further explained that they would like to see some local roads on the map. • Marella Wanted the Bridge on Plan Sheet 5 for no-impacts and the Bridge on Plan Sheet 6 for no-impacts added to the permit anyway, new sites. Steve wanted flow arrows on the plan views. « Steve wanted SR numbers of roads add to the permits where possible. OCT-01-2002 08:28 NCDOT 919 250 4108 P.04i06 site Marella and Maryellen noted drained and it needs to be showno on permit also re-established through pond which is being Channel re-established through drained pond. OCT-01-2002 08:28 NCDOT 919 250 4108 P.03i06 "TEAM MEETING" and we'll look into it as everyone needs to being doing the same thing. Team Members has a general discussion about the location map and fiuther explained that they would like to see some local roads on the map. « Marella wanted the Bridge on Plan Sheet 5 for no-impacts and the Bridge on Plan Sheet 6 for no-impacts added to the permit anyway, new sites. • Steve wanted flow arrows on the plan views. • Steve wanted SR numbers of roads add to the permits where possible. REVIEW OF R-2559B Site 6 Marella and Steve asked if the abandoned channel was included in the summary. Abandoned channel will be included in the impacts. Site 7 Marella asked if the pipe shown was in the correct location? Stream location corrected. REVIEW OF R-25590 %L el Marella asked if the stream impact of 119 m is correct? She also asked if this was a Natural Stream Design? Michael Wood replied that there was no room here. As the fill and Mountain come together and create a valley. Site 4 Steve mentioned that the unlabeled ramp needs to be labeled "Ramp C". Marella wanted the summary check to see if the stream impacts included the small area at the end of the culverts as this area is lost also. Ramp labeled. Impacts include area between bog culverts. Site 5 Steve wants a cross section at this site as it would help with the permit process. Bridge lengthened. Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality Division of Water Quality Department of Environmental and Natural Resources Wetlands/401 Unit Street Address: 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260 Mailing Address: 1650 Mail Service Center Raleigh, NC 27699-1650 Contact Information: Phone #: 919-733-1786 .Fax #: 919-733-6893 .x To: fflor; A Ck u5? 1 ?mpany: /V l.. 4*1e-qu k. ember of pages including cover sheet: Fax #: 50 ' 7I0O Date: 22,/02, 41 . ? , 1. -- (a4 sew, O f4tf 914uap Division of Water Quality, 401 Wetlands Certification Unit, vlail Service Center, Raleigh, NC 27699-1650 (Mailing Address) t ?rabtree Blvd., Raleigh, NC 27604-2260 (Location) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nt.u§/newetiands rtes or special instructions: -- ( • PON (a c?? ? h? 14"V- 731.95 M rim V?) iAa STATE OF NORTH CAROLINA ` v DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GO" June 5, 2002 U.S. Army s of Engineers Asheville R gulatory Field Office 151 Patton Avenue, Room 143 Asheville, NC 28801-5006 ATTN: Mr. Steve Lund Dear Sir: ?j LYNDO TIPPETT SECRETARY 1?;?Er ?A ?,LITy??IP C? rll?P,I SUBJECT: ADDITIONAL INFORMATION FOR MONROE BYPASS, TIP NOS. R-2559 B AND C Please find enclosed the additional information you requested in a letter dated May 8, 2002 for the Subject project. If you need additional information, please contact Mr. Michael G. Wood at 919- 732-1300. Sincerely, William D. Gilmore, PE, Manager Project Development & Environmental Analysis cc: Mr. David Franklin, USACE, NCDOT Coordinator ,Xr. John Dorney, Division of Water Quality Ms. Marella Buncick, USFWS Ms. MaryEllen Haggard, NCWRC Mr. John Alford, P.E., Roadway Design Mr. Calvin Leggett, P.E., Program Development Ms. Debbie Barbour, P.E., Design Services Mr. Dave Henderson, P.E., Hydraulics Mr. Timothy V. Rountree, P.E., Structure Design Ms. Susan Cauley, Roadside Environmental Mr. B. G. Payne, P.E., Division 10 Engineer Mr. Larry Thompson, Division 10 DEO Mr. Michael G. Wood, The Catena Group MAILING ADDRESS: TELEPHONE: 919-733-3141 LOCATION: NC DEPARTMENT OF TRANSPORTATION FAX: 919-733-9794 TRANSPORTATION BUILDING PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET 1548 MAIL SERVICE CENTER WESSITE. WWW.DON.DOT. STATE. NC. US RALEIGH NC RALEIGH NC 27699-1548 Project No. 8.T690401 (R-2559B) %. Property Owner List For Each Wetland Site Site Parcel NAME Address NO. NO. DB and Pg 1 O Ruth 0. Helms (Heirs) Mr. Barry Helms, Executive DB 82E Pg 376 3020 Rochester Ave Monroe, NC 28110 2 O Everette E. Hatley 1622 Secrest Shortcut DB 159 Pg 340 Monroe, NC 28110 O Helms Family Limited Partnership 3301 Neal Boyce Rd. DB 1341 Pg 384 Monroe, NC 28110 Joseph W. Barbee, Sr. 3 _°• & Selma Funderburk High P.O. Box 1213 i DB 469 Pg 190 Swansboro, NC 28584 Bova Corporation P.O. Box 1609 DB 452 Pg 683 Monroe, NC 28110 4 O Bova Corporation P.O. Box 1609 DB 452 Pg 683 Monroe, NC 28110 Rickey D. Taylor & O6 Wife Delores T. Rt. 3 Box 903 DB 296 Pg 309 Monroe, NC 28110 5 O Jeffrey Scott Rollins 32613 Morgan Mill Rd. DB 635 Pg 651 Monroe, NC 28110 Rickey D. Taylor & 6 O Wife Delores T. Rt. 3 Box 903 DB 296 Pg 309 Monroe, NC 28110 7 O Rodney L. Pierce & Wife Kandy R. 2527 Morgan Mill Rd. DB 634 Pg 523 Monroe, NC 28110 O8 Rodney L. Pierce & Wife Kandy R. 2527 Morgan Mill Rd. DB 634 Pg 523 Monroe, NC 28110 Phyllis A. Kendall & 8 O 1017 Cyrus Edwards Timothy C. Walsh Monroe, NC 28110 DB 715 Pg 473 /0 i -?-- _ '_ John R. Baucom i 33024 Helms Pond Rd. Monroe NC 28110 , N.C. DEPT.OF TRANSPORTATION DIVISIOkN OF HIGHWAYS UNION COUNTY PROJECT: 87690401 (R-2559B) US-74 NIONROE BYPASS SHEET OF_ 47 t / 02 Project No. 8.T690401 (R-2559B) Property Owner List For Each Wetland S ite Site Parcel NAME Address i NO. NO. DB and Pg i j 9 0/0 John R. Baucom 33024 Helms Pond Rd. I Monroe, NC 28110 i ? 10 'J Willie D. Baucom r 2617 Olive Branch Rd. 1 ? ! DB 919 Pg 279 Monroe, NC 28110 -? Allen & Wife Gladys Bigham 2705 Olive Branch Rd. DB 104 Pg 104 Monroe, NC 28110 11 I i Hazel B. McCollum, et al. 3016 Helms Pond Rd. T DB 105 Pg 456 Monroe, NC 28110 f ................__........_...- -.._ ............... ........................ _._............ _._.._._._..._.__. .......__ .......... .._.._.._._............_..........................._...._........ Hazel B. McCallum, et al. 3016 Helms Pond Rd - DB 105 Pg 456 Monroe, NC 28110 ? 12 f ?? H.T. & Dwelle J. Stewart 2316 Randolph Rd. \?J & R.H. Morrison DB 362 Pg 19 Charlotte, NC 28207 ? ?? H.T. & Dwelle J. Stewart 2316 Randolph Rd ? i 13 & R.H. Morrison . DB 362 Pg 19 Charlotte, NC 28207 j 14 t `>> i Edwards Timber Co., Inc. P.O. Box 219 I DB 607 Pg 680 Marshville, NC 28103 15 Everette E. Hatley 1622 Secrest Shortcut DB 159 Pg 340 i i i Monroe, NC 28110 N.C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS UNION COUNTY PROJECT: 8.T69001 (R-2559B) US-74 ?IN1ONROE BYPASS SHEET-- OF ---- 4 / 1 / 02 N O d' Z 0) m a?i O 0 N rn Z z= 000 z z F- ?0 a z LL z 00 ?w0 U ? O ~ .D n . > O LL 00 ? - 0 z n U Z F- W W 2 0 CL ig -a `? U Q d Z CL O 0 _Z Z ? co V W Z W 0 B C . 7 ? E d O Z m E • ? M a U ?_ W a a ? ?? o W Q .- ? ? ?c m o o `g M O C L o c 0 0 a C ` f0 L O ? 5 V/ O ? O O O O O O U Q f6 U S2 U v O o G O O O a ? . C N U1 O C ? ? r ? ? ? ? O C C Q ? W O W $ 0 W amr v ? c H C C m m ? C O N O O M W o 0 0 0 0 0 0 E M N U E N a ? E a a=+ ?' J N "? ? t- Ix ? to v N ?. N E J (n N 00 C Rl Q' O ` V ? 17 J A ?' ? r J ? N N ? C, M O ? .? O + M ? + ? M ? M ? ? a ? O N co ? co + ? rn + + O O N t G N + O U X r U M M ?, M m' M CL N a. CL a. Q. CL ? J Q F w 0 Cn Z N M d' ? t0 W W 2 O O y l*--, s 'fZ 311S 1 I VI 1 ?o I c, m 1 g# 1 1 1 0 t I I ? i 1 I I i I I SZ. r r r r I I 1 1 i C I ? 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U x N I z W co I y W a? aN J7F I f o I o -" LLw I m IM0913 /M Z5 d0 a a dYVO OSti \a OSb at! ,` I oa E5 t£ N I I a ? NF I I I I 9f I I ? I I I ? A I I I I I ? I I I I 1 I I I I I i I I I ? I I I I I I E \ 3 W r.? ? I U ri) I W N !9 i , (n ? I ? M O o O _ ?-`! \ I I / ,? Ilk l/ / t Z c w O 1, ?S o o z ?. Q \ °?H m a ? O I LO i p U CL W I?? ? z w / S I ?a ? \ i d \ \ I \ ?Q \ 1? IL \I \ \ \? inw I\ \ \ W U I \6?\ d ?\ OL?Z \ ?+\ oy \.(^' . W Z O CD kn CL CL IL a I ?p d b U / ?o + I o O rn ?O a J U M I .w?rrr o mx I N ay 11 I Ill ? ? O t 1l \ tt i 1? .... C..? ` J r le?-a5 - IlIlY2 IFi1.,. `•' (`IfIC l r f, ?vC Il'Y) ) 1J51 1 \jN?1.coP, I it IW:/ IJJN 'IOC4 _1156 ? 1 c! r?".c y IN E `EJNO P 1 ECT %` N. C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS VICINITY UNION COUNTY PROJECT: 8.T690401 (R-2559C) MAPS US 74 FROM WEST OF RICHARDS1 CREEP TO EXISTING US 74 SHEET 1 OF ZS 4 / 20 / 02 2 SITE 15 AND 15A s° SITE 5 RD - SITE 4 -y7- S"H1TE CR (SR 9651 `- SITE 3 N. C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS S I T 'j"Ll, UNION COUNTY PROJECT: 8.T690401 (R-25590 MAP I US 74 FROM WEST OF RICHARDSO CREEK TO EXISTING US 74 SHEET 2 OF 2S 4 / 20 / 02 SITE 8 SITE 7 SITE 14 SITE 2 Rp'S FOWX CREEK Cftf? i tss -YJ- *l5r1N-afAVEY RO (SR 9561 mss' F ?F /? ST N. C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS S I T E I UNION COUNTY PROJECT:8.T690401 (R-2559C) MAP 2 US 74 FROM WEST OF RICHARI CREEK TO EXISTING US 74 SHEET ;3 OF 2 S 4 / 20 / 02 ?? END PROJECT R -2559C LEGEND - -WLB WETLAND BOUNDARY LIVE STAKES L L WETLAND ® DENOTES FILL IN WETLAND DENOTES FILL IN ® SURFACE WATER ® DENOTES FILL IN SURFACE WATER (POND) ® DENOTES TEMPORARY FILL IN WETLAND DENOTES EXCAVATION IN WETLAND DENOTES TEMPORARY FILL IN SURFACE WATER • DENOTES MECHANIZED +' •' • CLEARING ---- FLOW DIRECTION TB TOP OF BANK ---WE --- EDGE OF WATER - - PROP. LIMIT OF CUT - -F- - PROP. LIMIT OF FILL A PROP. RIGHT OF WAY ANK - - NG - - NATURAL GROUND - ??- - PROPERTY LINE -TDE- TEMP. DRAINAGE EASEMENT -POE- PERMANENT DRAINAGE EASEMENT -EAB- EXIST. ENDANGERED ANIMAL BOUNDARY -EPB- EXIST. ENDANGERED PLANT BOUNDARY ----------- WATER SURFACE DISSIPATOR BASIN N. C. DEPT.OF TRANSPORTATION DIVISION OF HIGHWAYS UNION COUNTY PROJECT: 8.T690401 (R-2559C) 3 74 FROM WEST OF RICHARD CREEK TO EXISTING US 74 SHEET Lj- OF 25 4 / 20 / 02 BOULDER COIR FIBER ROLLS 5 ADJACENT PROPERTY OWNER OR PARCEL NUMBER PROPOSED BRIDGE PROPOSED BOX CULVERT PROPOSED PIPE CULVERT (DASHED LINES DENOTE EXISTNG STRUCTURES) SINGLE TREE WOODS LINE ¦ DRAINAGE INLET ROOTWAD VANE Ana. RIP RAP RIP RAP ENERGY '0 O a) O O O O O O O O U) C C) CD O O C O O O O C O t n O O O O O t o U c C: C rn Cl) 6 CO Sri 00 d N W Ln W U N cfl a) c U u Q O 0) Co 0. U W ? 0 o 0 ° 0 ° O o 0 ° 0 m 0 o 0 0 I- ~ c o o o o, o O N co H c 0 X (Z 0 r 0 O Cl) to co d rn L6 CD ? U r Ln Cl) co CD r to W U Cl) Cl) C p t N N ? 4. O O W U) O M O O 0 r O ?,L 0 CO 0 LO O O N 0 O 0 _ 0 O O a) Z O O O O O O O O O N CD M C . 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C ? ? ? x b o z° PROPERTY OWNERS NAMES AND ADDRESSES PARCEL NO. NAMES ADDRESSES i RACHEL W. MCLEAN 2 RICHARD P. BAXTER 3 BILLY & DONALD WILLIAMS 4 VIVIAN A. CHANEY 5 JOHN & NELL WATSON 6 BETTY H. GRIFFIN 7 T. NORMAN BARBEE 8 PEARL L. WATSON 9 FUN HOMES, INC. 10 JACK T. COLEY I I THOMAS E. TRAYWICK, JR. 12 ONA LEE HAIGLER(HEIRS) PO BOX 68 CLINTON NC 28328 PO BOX 2046 MONROE NC 281 10 613 SUMNER AVE. KANNAPOLIS NC 28081 PO BOX 624 WINGATE NC 28174 PO BOX 224 WINGATE NC 28174 PO BOX 151 WINGATE NC 28174 1010 ALSTON-CHANEY RD WINGATE NC 28174 PO BOX 294 WINGATE NC 28174 711 SUNBLEST BLVD. FISHER IN 46038 4605 MARS HVILLE-OLIVE RD MARSHVILLE NC 28 103 4114 PHIFER RD MARSHWILLE NC28103 3215 WISEMAN DR CHARLOTTE NC 28233 s PROPERTY OWNERS NAMES AND ADDRESSES PARCEL NO. NAMES ADDRESSES 716 MAIN ST. 13 NCDOT ALBEMARLE NC 28001 14 PATTIE HELMS (HEIRS) 49 12 . HERMITAGE DR RALEIGH NC 27612 Re: Mr. Anderson's complaint & monroe bypass Subject: Re: Mr. Anderson's complaint & monroe bypass Date: Mon, 30 Sep 2002 16:28:53 -0400 From: Samar Bou-Ghazale <Samar.Bou-Ghazale@ncmail.net> Organization: NC DENR - Mooresville Regional Office To: John Dorney <john.dorney@ncmail.net>, cynthia.vanderwiele@ncmail.net John, I met with Mr. Anderson and some 18 people from DOT on Mr. Anderson's site on Friday 27, 2002. On-site mitigation is not a feasible alternative according to Mike Wood (DOT Consultant) due to topo and hydrology. During the meeting, Mr. Anderson raised some concern regarding sedimentation from road construction, trees clearing, and impact to his pond from sedimentation and oil spill accident etc... I explained to him the "Oil Spill Act" and responsibilities etc..Also, DOT showed him,a skecth of an erosion and sedimentation control plan and told him that they are going to install a type "A" (I worked with DOT on that) basin with a riser above the wetlands. Also, DOT showed Mr. Anderson that the flow of water after construction will be greater than the existing flow that is draining to wetlands and ponds. The remaining items are A) the amount of trees to be removed near the wetlands and B) the proximity of the by-pass to his pond (near his driveway). These two items will be discussed with DOT in his next trip to Raleigh (per telephone conversation on 9-30-2002). We have no issue with these remaining items.. John Dorney wrote: > if it is a suitable site and mr. anderson is willing to let them do mitigation there, then we would prefer mitigation on-site. cynthia - any thoughts? > Samar Bou-Ghazale wrote: > > John, > > I am working on Mr. Scott Anderson complaint regarding the bypass and his wetlands and pond. I am gathering information regarding proposed erosion and sedimentation control measures, limits of construction, drainage features, pipes, ditches etc... in that location. We have a meeting on September 27 with Mr. Anderson and several people from D.O.T. and I would like to ask you whether it is possible for us to ask D.O.T to do part of > > the wetlands mitigation at Mr. Anderson's property ? Who decides on mitigation locations etc.?? and who from D.O.T. is qualified to answer and make those decisions. > > Samar Bou-Ghazale - Samar.Bou-Ghazale@ncmai1.net > > %TITLE$ > > North Carolina Dept. of Environment & Natural Resources > > Div. of Water Quality > > 919 N. Main St. > > Mooresville, NC 28115 > > Ph: (704) 663-1699 Fax: (704) 663-6040 Samar Bou-Ghazale - Samar.Bou-Ghazale@ncmail.net %TITLE% North Carolina Dept. of Environment & Natural Resources Div. of Water Quality 919 N. Main St. Mooresville, NC 28115 Ph: (704) 663-1699 Fax: (704) 663-6040 t 1 of 2 10/3/02 10:45 AN Re: Mr. Anderson's complaint & monroe bypass Samar Bou-Ghazale <Samar.Bou-Ghazale@ncmail.net> Environmental Engineer I NC DENR - Mooresville Div. of Water Quality 2 of 2 10/3/02 10:45 AM Dove/ Lak-el Farm* 521 ?ee?ei 2oa d? Mo-nrovl NC 28110 (704) 225 -0405 September 10, 2002 John Dorney Department of Water Quality NCDWQ 401 Wetlands Certification Unit 1650 Mail Service Center k SEP' 2 2002 Raleigh, NC 27699-1650 Dear John, Again, thanks for coming to our home to see the lake and the site of impact on the wetlands. Per my e-mail, I am attaching a topography map superimposed on the Monroe Bypass plan. This may help provide some additional perspective. I am hoping your department, prior to issuing the 401 Certification, can review the impact the current plan will have on the wetlands and lake as well as possible best solutions. The attached map shows the extent that the bypass cuts into the wetlands, the water flow into the wetland and lake as well as you can visually see impact on the wet area. A consultant who reviewed these plans advised me that the wetlands would disappear because the tree cover was being removed and the additional exposure to the full sun will dry the area up. The rate of water absorption would skyrocket and the flow of water into the lake would be reduced by well over 70%. The other concern is that the contaminant flow from watershed off the bypass would increase and over time, the ground would become saturated with contaminants and will cause irrevocable damage to the lake. The wetlands will disappear and I need your assistance in insisting that better options to the placement and design of this area be addressed. Your 401 Certification is the key to our efforts. Your expertise is needed. I would appreciate your thoughts and direction in this area. What do you advise as our next steps? Please advise me at your earliest opportunity. Thank-You for your assistance. Warmest Personal Regards, Scott Anderson 521 Deese Road Monroe, NC 28110 (704) 225-0405 / e1 0 "I J ?1 i !° ?,t \ o Boa/o? ; "O RA, ¢ -c nom, !i ',:. / ? \ ?:. ,? q? ? ? \ \ ?, 11 1\, a •0 1? ? ` f fir" 1 II 1 V N 14 % is ? f l , , l t % ?' 1 I r Cb, 1 CID f l 1 W +` , ; :,• `? \? . \?? •. ?'.. .??? Sl N W N I I? m '? /? , m 3 ? it ., -''? q I I / / /'' ul. ?. ?+ (?- :: \ \ ?.:? - ••._. ? rte, I ? / i? % -/3 »r J - '`•\ ? /'.•.. \ i ??C?°t F/ ;rte; e ? ? ? // ?,??? ?`??i ?--' -O ? ????``\ RE: Follow Up Subject: RE: Follow Up Date: Wed, 11 Sep 2002 08:06:15 -0400 From: "Scott Anderson" <ScottAnderson@ASMSOUTH.com> To: "John Dorney" <john.domey@ncmail.net> CC: <Cynthia.vanderwiele@ncmail.net>, <Samar.Bou-Ghazale@ncmail.net> John - thanks for your input. I will call some of the people that have advised me and discuss this. Thanks for the thoughts. -----Original Message----- From: John Dorney (mailto:john.dorney@ncmail.net] Sent: Wednesday, September 11, 2002 7:44 AM To: Scott Anderson Cc: Cynthia. vanderwiele@ncmail.net; Samar.Bou-Ghazale@ncmail.net Subject: Re: Follow Up i have not yet talked to cynthia or samar in detail yet so we have not made any decisions. however be aware that cutting trees in wetlands generally makes them wetter (assuming one can then keep the trees out) due to the severe reduction in evapotranspiration. i have seen lots and lots of fairly dry wetlands become extremely wet once the trees are cut and are no longer pulling water from the soil. don't feel bad - yours is a common perception. Scott Anderson wrote: > I do appreciate you and Samar being able to come out to our home and > review the site. Hopefully this will help you to visualize the size of > the lake and the proximity of the wetlands to the bypass. > I will forward a copy of a topo map superimposed over the road design > plan. This is something new I just received and this, coupled with your > site visit may give you a valuable perception. In short, this > perspective will show the extent that the bypass cuts into the wetlands. > What wetlands that remains between the bypass and the lake will dry up > due to the loss of the forest cover as well as exposure to the full sun. > This will be further impacted by the change in quantity of water flow to > the area. > I will send this to you for your review. As I discussed, I am hoping you > can help work with me and the DOT, before you approve 401 certification, > to improve the design of the bypass through this area. > You should receive this map in a few days. Hope all is well and thank > you for your assistance. 1 of 1 1013102 1P D&ve/ La k,& Farww 521 Deese, Roac, M&nrovv NC 28110 (704) 225 -0405 September 10, 2002 Ms. Cynthia Vanderwiele Department of Water Quality NCDWQ 401 Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Dear Cynthia, SEP 12 2002 j ' _-•,_._..._., "._' t; '"?nS CROUP v Again, thanks for coming to our home to see the lake and the site of impact on the wetlands. Per my e-mail, I am attaching a topography map superimposed on the Monroe Bypass plan. This may help provide some additional perspective. I am hoping your department, prior to issuing the 401 Certification, can review the impact the current plan will have on the wetlands and lake as well as possible best solutions. The attached map shows the extent that the bypass cuts into the wetlands, the water flow into the wetland and lake as well as you can visually see impact on the wet area. A consultant who reviewed these plans advised me that the wetlands would disappear because the tree cover was being removed and the additional exposure to the full sun will dry the area up. The rate of water absorption would skyrocket and the flow of water into the lake would be reduced by well over 70%. The other concern is that the contaminant flow from watershed off the bypass would increase and over time, the ground would become saturated with contaminants and will cause irrevocable damage to the lake. The wetlands will disappear and I need your assistance in insisting that better options to the placement and design of this area be addressed. Your 401 Certification is the key to our efforts. Your expertise is needed. I would appreciate your thoughts and direction in this area. What do you advise as our next steps? Please advise me at your earliest opportunity. Thank-You for your assistance. 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CCD ?-. rh 0, CD CD < CD aW0 ate a:ara O ' • kc r a te w N 0 N RE: Aug. 23rd meeting regarding Monroe Bypass Subject: RE: Aug. 23rd meeting regarding Monroe Bypass Date: Wed, 21 Aug 2002 15:11:20 -0400 From: "Scott Anderson" <ScottAnderson@ASMSOUTH.com> To: "Cynthia Van Der Wiele" <cynthia.vanderwiele@ncmail.net> I will follow up with the DOT. Will the runoff not being filtered and natural buffers/wetlands feeding directly into a 7.3 acre lake not degrade water quality?? This is 1.5 miles upstream from the county water source. I believe you are extremely important to being part of the solution. The fact is, the DOT will listen to your department and correct the design. If you say NO permit until this runoff and wetlands is designed to protect the water quality, then they will. Cynthia - I am very thankful for the Wildlife Department. The mussel issue is one thing, but I am not trying to stop the project, I am trying to have design improvements in this 1/4 mile site. You are the key and your taking a stance now will get the design personnel in motion and we can all get this resolved. The other HUGE concern is that I am hearing NO ONE has done any kind of study on this 7.3 acre lake that ADJOINS the wetlands that the bypass runs through. This is the largest body of water impacted by the project. You are waiting on cumulative and secondary impact studies, DOES THIS LAKE NOT QUALIFY FOR A STUDY? I bet is not part of it. I believe this lake is such a HUGE issue, the DOT is hiding and avoiding it. Again - I believe this is the largest body of water and NO ONE has looked at it and the impact. Can you not drive attention to this now? -----Original Message----- From: Cynthia Van Der Wiele [mailto:cynthia.vanderwiele@ncmail.net] Sent: Wednesday, August 21, 2002 2:22 PM To: Scott Anderson Subject: Re: Aug. 23rd meeting regarding Monroe Bypass Hi Scott, The Division of Water Quality 401 Wetlands Section has 60 days to process an application for a permit to impact streams, wetland and/or buffers. NCDOT applied for an Individual Permit for the Monroe Bypass. We put it on hold citing incomplete information. This stopped the 60-day clock. We are waiting for a cumulative and secondary impacts study. They have 2 consulting firms performing this work. Additionally, there is a federally listed species that stands to be impacted by this project (the Carolina heelsplitter mussel). The US Fish & Wildlife Service and NC Wildlife Resources Commission are in discussion with DOT and Union Co. Planning Department about this. I have been in multi-agency meetings with the county-- the next one is on September 3rd from 10-2. So basically, it means that this permit will not be issued anytime soon and that there are many issues to be resolved. When a permit is issued, it means that the DWQ Director is satisfied 1 of 3 9/16/0211 RE: Aug. 23rd meeting regarding Monroe Bypass that the project will not result in the degradation of water quality. If you are concerned about their designs for handling storm water runoff, I would ask that the DOT folks supply you with the hydraulic design plans. That shows how they will handle runoff. I hope this clears things up. Cynthia Scott Anderson wrote: > Cynthia - I certainly understand and appreciate trying to combine trips. > I have sent request to Bob Deaton, Bruce Ellis, Alice Gordon, Matt > Cusack for studies they may have. I hope to get responses from them. > Cynthia - please explain what you mean by the 60 day clock? > I have been working on this for 9 months and progress is slow. So, 60 > days seems like a flash. > What I am trying to accomplish is for the design team to re-design and > incorporate prudent measures to protect the wetlands as well as my > adjoining lake. The current design has runoff going directly into the > wetlands and lake without any buffers or filters. The are ripping out > tree's and disturbing the natural buffers and wetlands when there are > options. I would like to think you and your department are the key to > getting the design team to the sight so they can see the issue. I am > completely convinced they are naive to the sensitivity of this area and > the size of the watershed and lake. > Are you saying you will not approve any permit until you visit the site > with me and we get someone in design to address the buffers and > watershed? If that's your direction, then I am on your schedule. They > are trying to let this project in December and that is just around the > corner. What can you do on your end? > -----Original Message----- > From: Cynthia Van Der Wiele (mail to:cynthia.vanderwiele@ncmail.netJ > Sent: Tuesday, August 20, 2002 11:50 AM > To: Scott Anderson > Cc: John Dorney; Samar Bou-Ghazale > Subject: Re: Aug. 23rd meeting regarding Monroe Bypass > Scott, > I wanted to let you know that we will need to reschedule Friday's > meeting > for September 3rd at 3 pm. Our meeting in Monroe this Friday was > cancelled. The project is currently on hold which means that the 60-day > clock is not running. Since NC has a budget crisis, we are trying to > combine meetings and trips to save money. I hope that this is agreeable > with your schedule. > I did not find anything in the Environmental Impact Statement addressing > your pond or nearby wetlands. I hope that staff within the Natural 2 of 3 9116/02 11:40 AM RE: Aug. 23rd meeting regarding Monroe Bypass > Systems > Unit of NCDOT Project Development & Environmental Analysis Branch were > able > to provide you some detail. > Please let me know if this will work for you; otherwise we will have to > figure something else out. > Thanks, > Cynthia > Scott Anderson wrote: > > Cynthia - that would be great as I want to review this ASAP. To make > > your trip productive, can you provide any studies that have been done? > > Also, do you have you developed recommendations to protect this area > > that you are going to put forth to the DOT? > > I have consultants working on my end and at some point in time we will > > want to meet and we will have a firm proposal to your department of > what > > we think is needed to protect the lake and wetlands, but I need to see > > what measures you recommend first. I would not have the consultants > > there at our initial meeting unless we had your recommendations prior. > > Simply a cost factor on my end. So, we may meet on the 23rd and then > > need to meet again. > > Thanks for your interest and follow up. > > -----Original Message----- > > From: Cynthia Van Der Wiele [mail to:cynthia.vanderwiele@ncmail.net] > > Sent: Wednesday, August 07, 2002 3:11 PM > > To: Scott Anderson > > Cc: John Dorney; Samar Bou-Ghazale > > Subject: meeting regarding Monroe Bypass > > Dear Scott, > > I am the person in Division of Water Quality at the central office for > > reviewing NCDOT's application for a water quality certification in > order > > to construct the Monroe Bypass. This project is currently on hold by > > our office until NCDOT performs a study of the anticipated cumulative > > and secondary impacts from the project. > > Would you be available for a meeting at your property in Monroe to > > discuss your issues of concern on Friday, August 23rd at around 3 pm? > > Mr. Samar Bou-Ghazale of the DWQ Mooresville Regional Office will also > > be in attendance. > > Cynthia Van Der Wiele 3 of 3 9/16/02 11:40 AN ® North Carolina Wildlife Resources Commission 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director TO: Steve Lund, MS, PWS Asheville Regulatory Field Office, USACE FILE COPY FROM: Marla Chambers, Highway Projects Coordinator Habitat Conservation Program, NCWRC DATE: August 16, 2002 SUBJECT: Review of Public Notice regarding a Section 404 permit application by NCDOT to impact wetlands and streams in the construction of the US Highway 74, Monroe Bypass, Union County. TIP No. R-2559 B/C, State Project No. 8.T690401 North Carolina Department of Transportation (NCDOT) has submitted an application to obtain a Section 404 permit from the U.S. Army Corps of Engineers (USACE). Staff biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the information provided in the public notice. These comments are provided in accordance with the provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d) and the Clean Water Act of 1977 (33 U.S.C. 466 et seq.). The NCDOT proposes to construct a four-lane road with a 45-foot divided median on new location connecting US 601 north of Monroe to existing US 74 between Wingate and Marshville, NC, a distance of approximately 9.1 miles. Impacts include 4.26 acres of wetlands, 6,771 linear feet of stream channel and 3.72 acres of ponds. The project is divided in two sections, B and C. The original section A, which would connect to US 74 northwest of Monroe for a complete US 74 Bypass, was eliminated in March 2000. NCDOT indicated in the permit application document dated April 19, 2002 that this was because changes in growth patterns since the completion of the Environmental Assessment (EA) and Federal Finding of No Significant Impact (FONSI) and other road studies led to question whether the alignment of section A could better suit the purpose US Highway 74, Monroe Bypass TIP No. R-2559 B/C 2 and need of the project by tying in elsewhere. US 74 is the main roadway connecting Charlotte and Monroe, and serves as the main thoroughfare for motorists traveling from Charlotte and other cities west, to the coast. The proposed project will directly impact waters within the Richardson Creek watershed. The eastern creekshell (Villosa delumbus), a state listed significantly rare mussel species, has been observed in Richardson Creek 2-3 miles upstream of a project crossing of Richardson Creek. Schweinitz's sunflower (Helianthus schweinitzii), a federally listed endangered plant species, has been observed near the end of the project along US 601. The portion of Richardson Creek that runs through the project area has been on the 303 (d) impaired streams list (NCDWQ 2002). The North Carolina Division of Water Quality (NCDWQ) sampled the creek in 2001 at a site near SR 1006 to determine if that segment should remain on the impaired streams list after the Monroe wastewater treatment plant, upstream, had undergone significant upgrades. Second4rty,And cumulative impacts, including development facilitated by this ?1tav;the jovntial to be much more significant than direct impacts. Monroe lies ;within 1:-20 rrte's d'f Charlotte and is likely experiencing accelerated growth from the expanding Charlotte metropolitan area. Secondary growth is expected to occur along the main roads connecting to the bypass, such as US 601. US 601 to the north leaves the Richardson Creek watershed and crosses Crooked Creek and Goose Creek in Union County before connecting to the Concord/Kannapolis area in Cabarrus County. NC 218 and NC 24/27, which connect to Charlotte, intersect US 601 in these counties. Goose Creek is inhabited by the Carolina heelsplitter (Lasmigona decorata), a federally endangered freshwater mussel. Goose Creek supports one of only six populations of this species in the world. The known range of this population was recently expanded (1999 or 2000) when the Carolina heelsplitter was discovered in Duck Creek, a tributary of Goose Creek. Each of these populations is considered essential to the continued existence of the species. The Atlantic pigtoe (Fusconaia masoni), a federal species of concern, is also found in Goose Creek. This is one of only a few populations of this species remaining in the Yadkin-Pee Dee system. All populations of the Atlantic pigtoe within this system appear to be in decline. A second federal species of concern, the Savannah lilliput (Toxolasma pullus), is found in both the North and South Forks of Crooked Creek. The Crooked Creek population is one of only three populations of the Savannah lilliput within the Yadkin-Pee Dee basin. Each of these populations is in decline. Several other watersheds in Union County, such as Waxhaw, Twelvemile and Lanes Creeks, are inhabited by federal and state listed species, including the Carolina heelsplitter, Carolina darter (Etheostoma collis collis), federal species of concern; Carolina creekshell (Villosa vaughanianna), federal species of concern; and notched rainbow (Villosa constricta), significantly rare, Natural Heritage Program. During NCDWQ's 2001 basinwide assessment, water quality problems in the middle and lower segments of Goose Creek were more severe than any other streams in its subbasin (NCDWQ 2002). At the sample site near US 601, a habitat score of 79 reflected extremely unstable stream banks and infrequent pool habitat. EPT taxa richness US Highway 74, Monroe Bypass TIP No. R-2559 B/C 5 Palik, B. J., J. C. Zasada, and C. W. Hedman. 2000. Ecological principles for riparian silviculture. Pages 233-254 in E. S. Verry, J. W. Hornbeck, and C. A. Dolloff, eds. Riparian management in forests of the continental eastern United States. Lewis Publishers, Boca Raton, Florida. Paul, M. J., and J. L. Meyer. 2001. Streams in the urban landscape. Annual Review of Ecology and Systematics 32:333-365. Richards, C., and B. Hollingsworth. 2000. Managing riparian areas for fish. Pages 157- 168 in E. S. Verry, J. W. Hornbeck, and C. A. Dolloff, eds. Riparian management in forests of the continental eastern United States, Lewis Publishers, Boca Raton, Florida. Schueler, T. 1994. The importance of imperviousness. Watershed Protection Techniques. 1(3):100-111. Stewart, J. S., D. M. Downes, L.Wang, J. A. Wierl, and R. Bannerman. 2000. Influences of riparian corridors on aquatic biota in agricultural watersheds. Pages 209-214 in P. J. Wigington, Jr. and R. L. Beschta, eds. Proceedings of the American Water Resources Association International Conference on riparian ecology and management in multi-land use watersheds, Portland, Oregon. cc: Melba McGee, OLIA Cynthia Van Der Wiele, DWQ Marella Buncick, USFWS US Highway 74, Monroe Bypass TIP No. R-2559 B/C 3 was very low, suggesting upstream water quality problems and the site was given a Poor bioclassification in 1996, 1998 and 2001. Crooked Creek received a Fair bioclassification in 1996 and a Good-Fair rating in 2001. Additional sampling was conducted on the North Fork Crooked Creek in 2000 to identify impaired watersheds for a special study. Richardson, Goose and Crooked Creeks flow to the Rocky River. Rocky River, which supports a locally important recreational fishery and is particularly known for its flathead catfish, also has documented water quality problems. Our greater concerns with this project are the secondary and cumulative impacts from development facilitated by the bypass. Industrial, commercial, and residential development in the area is likely to increase. Increases in impervious surfaces can result in stream degradation without the implementation of appropriate stormwater quantity and quality control measures. In addition, the pollutants (e.g., sediment, heavy metals, herbicides, pesticides, and fertilizers) washed from roads and urban landscapes can adversely affect and extirpate species downstream of developed areas. Additional impervious surface associated with residential, commercial, and industrial development and highway infrastructure results in increase stormwater runoff that can exert significant impacts on stream morphology. This will cause further degradation of aquatic habitats through accelerated stream bank erosion, channel changes, bedload changes, altered substrates, and scouring of the stream channel. Secondary development that follows infrastructure projects causes the loss, degradation, and fragmentation of terrestrial habitats as well. Local ordinances should be passed to require stormwater management plans, approved by the NCDWQ, for all new development projects, and provide protective buffers to waterways by requiring setbacks for houses and buildings. The 100-year floodplain should always be protected, not only for environmental reasons, but also for public safety and property protection. The original project objective was to connect US 601 north of Monroe to existing US 74 between Wingate and Marshville, NC. Although NCWRC supports project segmentation during construction in order to ensure reduced offsite sedimentaiton, our agency continues to consider the entire project and its objectives when evaluating project impacts. Our agency understands that many changes have occurred since the completion of the project EA and FONSI, including our understanding of the impacts from uncontrolled growth and development. Numerous studies in recent years have contributed new information on water quality impacts from increased impervious surfaces (Schueler 1994; Arnold and Gibbons 1996; Doll et al. 2000; Mallin et al. 2000; May and Horner 2000; Stewart et al. 2000; Paul and Meyer 2001) and the importance of wide contiguous buffers to waterways and wetlands (Knutson and Naef 1997; May and Horner 2000; Martin et al. 2000; Palik et al. 2000; Richards and Hollingsworth 2000; Stewart et al. 2000). Based on the precarious state of protected species within the Goose Creek watershed, water quality problems, and the likelihood of rapid uncontrolled secondary development, we believe the project can have significant adverse impacts to aquatic US Highway 74, Monroe Bypass TIP No. R-2559 B/C 4 habitats and their inhabitants, including the potential extirpation of the imperiled Carolina heelsplitter. We recommend plans for a complete bypass project, which connects US 74 northwest of Monroe to US 74 east of Monroe, be submitted with updated environmental documents, including direct and indirect impacts. Aquatic surveys should be conducted by qualified biologists in streams directly impacted by the road construction. Mitigation efforts should be directed toward protecting and improving water quality and aquatic habitats in the county or the Rocky River watershed in and around Union County. A draft "Guidance Memorandum to Address and Mitigate Secondary and Cumulative Impacts to Aquatic and Terrestrial Wildlife Resources and Water Quality" is available to facilitate these efforts. Thank you for the opportunity to review and comment on this project. If you have any questions regarding these comments or would like a copy of the "Guidance Memorandum", please contact me at (704) 485-2384. Literature Cited: Arnold, C. L., and C. J. Gibbons. 1996. Impervious surface coverage-the emergence of a key environmental indicator. Journal of the American Planning Association 62:243-258. Doll, B. A., D. E. Wise-Frederick, C. M. Buckner, S. D. Wilkerson, W. A. Harman, and R. E. Smith. 2000. Hydraulic geometry relationships for urban streams throughout the piedmont of North Carolina. Pages 299-304 in P.J. Wigington, Jr. and R.L. Beschta, eds. Proceedings of the American Water Resources Association International Conference on riparian ecology and management in multi-land use watersheds, Portland, Oregon. Knutson, K. L., and V. L. Naef. 1997. Management recommendations for Washington's priority habitats: riparian. Washington Department of Fish and Wildlife, Olympia. Mallin, M. A., K. E. Williams, E. C. Esham, and R. P. Lowe. 2000. Effect of human development on bacteriological water quality in coastal watersheds. Ecological Applications 10:1047-1056. Martin, C. O., R. A. Fischer, and H. H. Allen. 2000. Riparian issues on Corps of Engineers and DOD Military Lands. Pages 317-322 in P. J. Wigington, Jr. and R. L. Beschta, eds. Proceedings of the American Water Resources Association International Conference on riparian ecology and management in multi-land use watersheds, Portland, Oregon. May, C. W., and R. R. Horner. 2000. The cumulative impacts of watershed urbanization on stream-riparian ecosystems. Pages 281-286 in P. J. Wigington, Jr. and R. L. Beschta, eds. Proceedings of the American Water Resources Association International Conference on riparian ecology and management in multi-land use watersheds, Portland, Oregon. NC Division of Water Quality. 2002. Basinwide Assessment Report - Yadkin River Basin. Dovel LaxlF"m* 521 Dee.4v2&a&, M&nr&e, NC 28110 (704) 225-0405 8/2/02 Cynthia Van Der Wiele Wetlands Unit 2321 Crabtree Blvd. Raleigh, NC 27604 Dear Cynthia, AUG-6M Please find the attached copy of a letter I sent to Mr. Dorney. I understand from my conversation with him today, you will be in charge of this project. I would like the opportunity to meet with you on site prior to you approving any 401 Water Certification for the Monroe Bypass. Some of the attachments should help underscore some of the area's we need to review. In addition, the current design does not address the watershed issues into the wetlands or my 7.3 acre lake. This is a very substantial area and is within 1.5 miles upstream of the county water source. I would appreciate your helping me obtain copies of any and all studies on the wetlands and my 7.3 acre lake. I am also interested in your recommendations on how to protect the wetlands and lake. I am asking for a personal meeting at your convenience. My contact number and information is below. Thank You for your time and interest. Warmest Personal Regards, Scott Anderson 521 Deese Road Monroe, NC 28110 (704) 225-0405 Dave Lac& Farm* 521 Dee?,ei Roa&, Mavurov NC 28110 (704) 225-0405 7/22/02 Mr. John Domey North Carolina Division of Water Quality Wetlands Section 1621 Mail Service Center Raleigh, North Carolina 27626-0621 Dear John, I am in receipt of a Public Notice from Mr. Steve Lund of the USACE dated July 12th, 2002. The Notice is further described as: • Action ID No. 200230845 • TIP NO. R-2559 B?C, State Project NOS. 8.T690401 • Monroe Bypass On pages three and four (pg. 3 & 4) of the document your name and department are listed. In accordance, I placed a call to you late this afternoon and you are in meetings. I am a private resident and I have a 7.3 acre lake on my property at the above address that derives a very large percentage of it's water from the wetlands area that are further described as Plan View - Site 2. Over the past 8 months, I have directly requested from the DOT Department of Right of Way any studies pertaining to this wetlands area as well as the 7.3 acre lake. I have not seen any assessment or study of this site and the impact on my lake. I have had enough conversation and discovery to think that at this point, any study completed was only as it relates to the actual wetland area. I have heard of nothing that indicates what degree of impact this wetlands would have on the larger 7.3 acre wetlands. This area touches the wetlands area described. If something has been done, please advise and share these results. Given that I have not seen these studies/reports and based on my inclination no study has been performed as it impacts the 7.3 acre wetlands and down stream, anv permitting at this stage would be premature. Please reiect anv hermits until we review this site and design together. Per the direction of the Deadline of July 26, `2002, I would implore you and your department to reject the application until current studies can be reviewed with me and I have adequate time to consult with my experts in this field. I will pay for reproduction costs. Please advise me of the amount and I will send you a check immediately to cover the cost. Based on the constriction plans, no reasonable provisions have been taken to assure the continued healthy environment of the wetlands and 7.3 acre lake. In addition, this does feed the county water source within 1.5 miles downstream. I am anxious to have prudent measures taken and written into the design plans so we can move forward. But, to this point in time, concern for the water environment has not y seemed to be part of the design. In fact, I believe your department, as well as others, specifically advised that this particular site was recommended not to construct through. We must make certain we address the environmental issues in the design before you approve any permit. Please call me to discuss at your earliest convenience. Please forward any reports you may have at this time. I will review these reports and be able to write specific comments as directed in your request. Without this information, which I have asked for several times via the DOT, I cannot appropriately scope out the specific impacts. Thanks for your time and interest. Best Personal Regards, Scott Anderson 521 Deese Road Monroe, NC 28110 (704) 225-0405 CC: Mr. Aaron Plyler Mr. Steve Lund - USACE 41 Davey Lak& Farm* 521 Dees& Roa&,, Mcvwov NC 28110 (704) 225 -0405 7/11/02 Mr. Doug Taylor State of North Carolina Department of Transportation 1591 Mails Service Center Raleigh, N.C. 27699-1591 Dear Doug, I am in receipt of a faxed copy of two (2) pipe data sheets that you sent to Bill Wilhelm in the Right of Way department. Thanks for your help. I was not able to read the document's which probably was a result of faxing and photocopying. So, can you please send me a copy from the original. In addition, your cover letter indicated that is all you have on my property. As you know, I am trying to sort out how we can best proceed in a timely manner and so that I can be confident all prudent measures have been addressed to protect the 7.3 acre lake on my property. I am writing this letter to you in hopes to better explain what studies, which you have already done or should have done in developing the project within the proximity of my lake. I have attached a current plan and I will reference this as a point of clarity. So, with this said, I hope you can help me so we can all bring closure to this area of concern.. General Needs: - I need all studies on the drainage and watershed that contributes to the lake and the high quality wetlands that currently exist on the western border of my property as well the adjoining property of Everette Hatley. This would also include any studies performed on my 7.3 acre lake. Specific Needs: • Reports prepared for or by the DOT Environmental Consultant. This reporttypically includes: a description of existing environmental conditions ( i.e., presence of state or federally listed endangered/threatened species of flora or fauna; delineation of jurisdictional wetlands and streams; presence of historical/archeological resources, assessment of the stream "habitat", and any other noteworthy environmental, ecological or natural resource conditions, including representative photo documentation and other field documentation. • Soils data from the United States Soil Conservation Service. • Rainfall Data • High water mark data • Modeling efforts • Mapping to include water, orthophotography, planimetrics • Hydrologic analysis - given the size and quality of the wetlands as well as the lake, copies of studies utilizing SCS Unit Hydrograph using HEC-1 or HEC-HMS or any other computer model. In regards to the design plans, do you have more specific plans or how have you further addressed buffers, littoral shelves, wetland planting, oil/grit separators? Based on the current plan, Toe protection is all that is noted. Request based on attached map: • Elevation plan of the bypass within the proximity of my property. I have the elevations for Deese Road, but not for the bypass. • Pipe Data Sheet for pipes I indicated on the map as A, B, C, D, E and more legible copies of the 2 your faxed. • The plan indicates berms on the southern side of my property (across Deese Road) on both sides of the bypass. Currently the Harkey/Broome and Helms Heir properties. Please provide more detail to include any elevations and water hold or absorption impacts. • Prior and post watershed impact of the bypass cutting through area's 2A and 2B. • Detailed prior map of the wetlands that was no doubt marked and recorded on the west side of my lake. Doug, you may already have more detailed landscape plans that may help all of us better understand all the protective measures that are prudent in a highly sensitive habitat. I am looking for a plan that shows plantings, protected tress and habitats, etc.. This would truly answer some questions that we must all address to move forward. This would be a great time to share that information. I do appreciate your assistance and understand that this is not a typical situation given the sensitive habitat we are dealing with. Thanks for all you do. Warmest Personal Regards, Scott Anderson 521 Deese Road Monroe, NC 28110 (704) 225-0405 CC: Bill Wilhelm - DOT Mr. Aaron W. Plyler Mr. Larry Helms Dawel Lakes Fowm* 521 7evWRca ,, Movuros NC 28110 (704) 225-0405 June 20, 2002 Sent via e-mail and U.S. Postage Mr. William M. Wilhelm, Jr. Division of Right Of Way Agent NC - Department of Transportation 206 Charter Street Albemarle, NC 28001 Dear Bill, I am in receipt of the changes to the Bypass proposal as it effects my property. Leanna Rogers sent this to me some 3 weeks ago and I have met with the appraiser to move the process forward. To date, I have not been contacted by the USACE, but expect to be in the near future. In preparation to do the due diligence needed for me to proceed, I need your help with the following: • Stake my property for the permanent and temporary right of way. The area is very "tight" and given the position of the lake, the wetlands and the buffers, having this marked is needed so that I can work with the USACE and your department to address any precautions for the future of the lake. • I am requesting a grading plan for the area that surrounds my property. This would be for Deese Road as well as the Bypass. Please include the Bridge and the grading plans through the wetlands. • Hydrology Study/report - can you please forward to me this study for the wetlands as well as my lake. Additionally, if there is a separate water runoff study, please provide. • Plan-o-metric GIS plot imposed over an aerial photograph for the area near my property to include Deese Road as well as the Bypass. Bill, I greatly appreciate your assistance in the above. I met will the appraiser 11 days ago and did not hear back from him as expected last Friday, but perhaps he is busy. By your providing the above information, it will help best work with USACE so that I can respond to needs and concerns in regards to the lake and wetlands. In the event you cannot provide any of the above items, please inform me and I would appreciate you advising me on who in the Department of Highways can. Thanks for all you do. Warmest Personal Regards, Scott Anderson 521 Deese Road Monroe, NC 28110 (704) 225-0405 Cc: M. Wood, S. Lund, A. Plyler Dove/ Lam Farv?wr 521 (Dees&Rcad/, Mo-nroei NC 28110 (704) 225-0405 8/2/02 V` Mr. John Dorney 1 ?`4 Wetlands Unit ?.? : A " 6 2321 Crabtree Blvd. .._?? Raleigh, NC 27604 NIETLANDS GROUP Vif;T(t U'.L 1TY S?-CTI P Dear John, Thanks for the return phone call and our discussion this morning. I understand that you have not yet received the letter we sent via the state mailbox. So, I have enclosed it for your review. Under separate copy, to Cynthia Van Der Wiele, I am requesting the opportunity to meet with Cynthia on site prior to you approving any 401 Water Certification for the Monroe Bypass. Some of the attachments should help underscore some of the area's we need to review. In addition, the current design does not address the watershed issues into the wetlands or my 7.3 acre lake. This is a very substantial area and is within 1.5 miles upstream of the county water source. I would appreciate your helping me obtain copies of any and all studies on the wetlands and my 7.3 acre lake. I am also interested in your recommendations on how to protect the wetlands and lake. I am asking for a personal meeting at your convenience. My contact number and information is below. Thank You for your time and interest. 1 Q Warmest Personal Regards, Scott Anderson 521 Deese Road Monroe, NC 28110 (704) 225-0405 ?V-9- x Dave/ Lam Farm* 521 Deese/2oacu Mo-ywoel' NC 28110 (704) 225-0405 7/22/02 Mr. John Dorney North Carolina Division of Water Quality Wetlands Section 1621 Mail Service Center Raleigh, North Carolina 27626-0621 Dear John, I am in receipt of a Public Notice from Mr. Steve Lund of the USACE dated July 12`h, 2002. The Notice is further described as: • Action ID No. 200230845 • TIP NO. R-2559 B?C, State Project NOS. 8.T690401 • Monroe Bypass On pages three and four (pg. 3 & 4) of the document your name and department are .listed. In accordance, I placed a call to you late this afternoon and you are in meetings. I am a private resident and I have a 7.3 acre lake on my property at the above address that derives a very large percentage of it's water from the wetlands area that are further described as Plan View - Site 2. Over the past 8 months, I have directly requested from the DOT Department of Right of Way any studies pertaining to this wetlands area as well as the 7.3 acre lake. I have not seen any assessment or study of this site and the impact on my lake. I have had enough conversation and discovery to think that at this point, any study completed was only as it relates to the actual wetland area. I have heard of nothing that indicates what degree of impact this wetlands would have on the larger 7.3 acre wetlands. This area touches the wetlands area described. If something has been done, please advise and share these results. Given that I have not seen these studies/reports and based on my inclination no study has been performed as it impacts the 7.3 acre wetlands and down stream, any permitting at this stage would be premature. Please reiect anv permits until we review this site and design together. Per the direction of the Deadline of July 26, `2002, I would implore you and your department to reject the application until current studies can be reviewed with me and I have adequate time to consult with my experts in this field. I will pay for reproduction costs. Please advise me of the amount and I will send you a check immediately to cover the cost. Based on the constriction plans, no reasonable provisions have been taken to assure the continued healthy environment of the wetlands and 7.3 acre lake. In addition, this does feed the county water source within 1.5 miles downstream. I am anxious to have prudent measures taken and written into the design plans so we can move forward. But, to this point in time, concern for the water environment has not seemed to be part of the design. In fact, I believe your department, as well as others, specifically advised that this particular site was recommended not to construct through. We must make certain we address the environmental issues in the design before you approve any permit. Please call me to discuss at your earliest convenience. Please forward any reports you may have at this time. I will review these reports .and be able to write specific comments as directed in your request. Without this information, which I have asked for several times via the DOT, I cannot appropriately scope out the specific impacts. Thanks for your time and interest. Best Personal Regards, Scott Anderson 521 Deese Road Monroe, NC 28110 (704) 225-0405 CC: Mr. Aaron Plyler Mr. Steve Lund - USACE D&ve/ Lam Farm* 521'Dee4,e/IIZca , Mo-nro?i NC 28110 (704) 225-0405 7/11/02 Mr. Doug Taylor State of North Carolina Department of Transportation 1591 Mails Service Center Raleigh, N.C. 27699-1591 Dear Doug, I am in receipt of a faxed copy of two (2) pipe data sheets that you sent to Bill Wilhelm in the Right of Way department. Thanks for your help. I was not able to read the document's which probably was a result of faxing and photocopying. So, can you please send me a copy from the original. In addition, your cover letter indicated that is all you have on my property. As you know, I am trying to sort out how we can best proceed in a timely manner and so that I can be confident all prudent measures have been addressed to protect the 7.3 acre lake on my property. I am writing this letter to you in hopes to better explain what studies, which you have already done or should have done in developing the project within the proximity of my lake. I have attached a current plan and I will reference this as a point of clarity. So, with this said, I hope you can help me so we can all bring closure to this area of concern. General Needs: - I need all studies on the drainage and watershed that contributes to the lake and the high quality wetlands that currently exist on the western border of my property as well the adjoining property of Everette Hatley. This would also include any studies performed on my 7.3 acre lake. Specific Needs: • Reports prepared for or by the DOT Environmental Consultant. This report typically includes: a description of existing environmental conditions ( i.e., presence of state or federally listed endangered/threatened species of flora or fauna; delineation of jurisdictional wetlands and streams; presence of historical/archeological resources, assessment of the stream "habitat", and any other noteworthy environmental, ecological or natural resource conditions, including representative photo documentation and other field documentation. • Soils data from the United States Soil Conservation Service. • Rainfall Data • High watermark data • Modeling efforts • Mapping to include water, orthophotography, planimetrics • Hydrologic analysis given the size and quality of the wetlands as well as the lake, copies of studies utilizing SCS Unit Hydrograph using HEC-1 or HEC-HMS or-any other computer model. In regards to the design plans, do you have more specific plans or how have you further addressed buffers, littoral shelves, wetland planting, oil/grit separators? Based on the current plan, Toe protection is all that is noted. Request based on attached map: • Elevation plan of the bypass within the proximity of my property. I have the. elevations for Deese Road, but not for the bypass. • Pipe Data Sheet for pipes I indicated on the map as A, B, C, D, E and more legible copies of the 2 your faxed. • The plan indicates berms on the southern side of my property (across Deese Road) on both sides of the bypass. Currently the Harkey/Broome and Helms Heir properties. Please provide more detail to include any elevations and water hold or absorption impacts. • Prior and post watershed impact of the bypass cutting through area's 2A and 2B. • Detailed prior map of the wetlands that was no doubt marked and recorded on the west side of my lake. Doug, you may already have more detailed landscape plans that may help all of us better understand all the protective measures that are prudent in a highly sensitive habitat. I am looking for a plan that shows plantings, protected tress and habitats, etc. This would truly answer some questions that we must all address to move forward. This would be a great time to share that information. I do appreciate your assistance and understand that this is not a typical situation given the sensitive habitat we are dealing with. Thanks for all you do. Warmest Personal Regards, Scott Anderson 521 Deese Road Monroe, NC 28110 (704) 225-0405 CC: Bill Wilhelm - DOT Mr. Aaron W. Plyler Mr. Larry Helms Dove/ LakerFarmk 521 Dee-w'1Ro &,, Mo- rael NC 28110 (704) 225-0405 June 20, 2002 Sent via e-mail and U.S. Postage Mr. William M. Wilhelm, Jr. Division of Right Of Way Agent NC - Department of Transportation 206 Charter Street Albemarle, NC 28001 Dear Bill, I am in receipt of the changes to the Bypass proposal as it effects my property. Leanna Rogers sent this to me some 3 weeks ago and I have met with the appraiser to move the process forward. To date, I have not been contacted by the USACE, but expect to be in the near future. In preparation to do the due diligence needed for me to proceed, I need your help with the following: • Stake my property for the permanent and temporary right of way. The area is very "tight" and given the position of the lake, the wetlands and the buffers, having this marked is needed so that I can work with the USACE and your department to address any precautions for the future of the lake. • I am requesting a grading plan for the area that surrounds my property. This would be for Deese Road as well as the Bypass. Please include the Bridge and the grading plans through the wetlands. • Hydrology Study/report - can you please forward to me this study for the wetlands as well as my lake. Additionally, if there is a separate water runoff study, please provide. • Plan-o-metric GIS plot imposed over an aerial photograph for the area near my property to include Deese Road as well as the Bypass. Bill, I greatly appreciate your assistance in the above. I met will the appraiser 11 days ago and did not hear back from him as expected last Friday, but perhaps he is busy. By your providing the above information, it will help best work with USACE so that I can respond to needs and concerns in regards to the lake and wetlands. In the event you cannot provide any of the above items, please inform me and I would appreciate you advising me on who in the Department of Highways can. Thanks for all you do. Warmest Personal Regards, i Cc: M. Wood, S. Lund, A. Plyler Scott Anderson 521 Deese Road Monroe, NC 28110 (704) 225-0405 Y NC Wildlife Commission Meeting Wednesday, July 31, 2002 ATTENDING Mark Fowlkes Judith Ratcliffe Milt Rhodes Danielle Pender Shannon Deaton Marella Buncick Mark A. Cantrell John Fridell Cynthia Van Der Wiele John Darney Jerry Simpson Kevin Hall Jeff Crook Dick Black Mike Simpson Brian Matthews R. Todd Lamb Van Rowell Larry Helms Mitchell Wood Bruce Ellis Christie Putnan Mike Shalati Bill Kreutzberger John Alderman John Munn Joe Lesch David Powell Ron Weathers Rusty Rozzelle Amy Helms REPRESENTING NC Wildlife Resources Commission NC Wildlife Resources Commission NC Division of Water Quality NC Wildlife Resources Commission NC Wildlife Resources Commission US FWS US FWS US FWS NC Division of Water Quality NC Division of Water Quality NC Cooperative Extension HNTB (Land Use Consultant for NCDOT) Union County Staff Attorney Union County Planning Town of Waxhaw Town of Stallings Town of Mint Hill Water & Sewer Authority of Cabarrus County Union County Commissionevwl 8,.A.PD The Catena Group NCDOT/PDEA Union County Stormwater Union County Manager CHZMHill NC Department of Transportation Town of Indian Trail Union County Assistant Manager Union County Assistant Manager Charlotte Mecklenburg Utilities Mecklenburg County Union County Central Administration The NC Wildlife Commission Meeting was held in the Jefferson Room on Wednesday, July 31, 2002, beginning at 10:00 a.m. Mike Shalati, Union County Manager welcomed everyone and asked that each member introduce themselves. Mike Shalati gave a review of the discussions that had taken place and where the committee was headed. He said that this was an informal discussion and in no way a formal commitment on Union County's part. The expectations that are hoped to be accomplished is to explore the issues, discuss the issues and translate the issues into an agreed upon action plan. Mr. Shalati stated that Union County would like to partner with the NCWRC to preserve the species. Entities that would be impacted from the future decisions to be made would be the northwestern part of Union County, Mecklenburg County, the Town of Mint Hill, the Town of Indian Trail, the Town of Stallings, and the Town of Waxhaw. Christie Putnam, Union County Stormwater and a member of the Goose Creek Watershed Advisory Committee, shared with the group information on Streamside Buffers. The Goose Creek Watershed Advisory Committee proposed buffers that are based on 3 zones. The Streamside Zone is a fully wooded forest area, the Managed Used Zone would have a certain amount of trees that would allow bike paths and the Upland Zone would be grass with no structures. Ms. Putnam said that Union County had accepted the recommendation from the Goose Creek Watershed Advisory Committee. One suggestion that was made was to add streams classified by the Army Core of Engineers as "important" and also the streams that show up on soil surveys. Mr. Shalati noted that every available mechanism to identify these streams would be made. Ms. Putnam said that most of the buffers that are proposed would be more than 200 feet in the FEMA regulated areas. With some buffers being more than what is required by the NCWRC, Mr. Shalati said that even if there was a difference in some places, Union County had already gone beyond this measure to ensure enforceability. The NCWRC requested a copy of the Arcview layers to overlay with their existing field data in order to identify critical areas. It would also provide the identification of certain areas that may not be covered in the flood plains area. Information on perennials, based on the proposal, is also needed in GIS form. A map showing the drainage acreage cutoffs (existing land uses and infrastructures) and a review of the existing impoundment areas were requested. Mr. Shalati assured the NCWRC that all of the information Union County had to offer would be made available to the NCWRC for their disposal. Union County Commissioner Larry Helms noted that Union County did not want to go through all the effort and expense and not preserve the species. Commissioner Helms reiterated that this process would be painful for many residents in Union County and that there needed to be a compromise between the NCWRC and Union County for the results to come out positively. Actions to be accomplished for the next meeting: • Soil Survey Maps S2 Map Drainage Acreage (cutoffs, existing land uses infrastructures) • Prove within Waxhaw or the Goose Creek area that the soil surveys were adequate (long term goal) • Water shed coverage • Land uses within flood fringe element, existing developments (farms, building, parking lots, etc.); Included on the existing Land Use Map • Information from the Wildlife Commission for habitat areas 2 • Information from the Wildlife Commission on scientific sources or a reference list • Review existing impoundment areas • Most recent CSI letter • S1 R-80 Zoning - if greater than 7% impervious (or R-80), stormwater BMP's are required • A revised statement in the buffer proposal (where to locate the drainage area at the lowest point down stream of the development); something to look at before implementation • Would like to see a translation of R-80 with the numbers • Would like to see a Primary Implementation Mechanism as the 3rd column for the next meeting SUGGESTIONS AND THOUGHTS ON THE RECOMMENDED MATRIX (** = Possible Recommendations) Streamside Buffers S4 No direct stormwater discharge to streams **'Where sheet flow is not possible, then on site storm water management is required. MI Pesticides not used within 200' of streams, wetlands or floodplain **Possible educational training to discourage landowners. M2 Native plants maintained within 200' of streams, flood, wetlands, emphasis on trimming trees **An obstacle would be that a portion of the buffer is privatized in an individual's backyard regardless of size. One way to implement and enforce this is to take every effort not to privatize that zone but to make it a public, connected zone. Instead of having a buffer in the backyard put the front yard adjacent to the stream that is outside the buffer zone away from the stream. Clustering is one way for this process and any other common areas that have lots away from the protected area. Another issue is that Kudzo is choking out the other plants. Bio pesticides do not work on Kudzo. SE2 No fill in the flood plain **Both parties are agreeable Future Lane Use and Zonin_g S1 6% impervious or maintain hydrograph **7% impervious is good. Seven percent to maintain hydrograph and manage it side by side; an area that is not already permitted with be considered R-80. S3 Grassed swales, not curb and gutter (unless density > 4 units per acre **Both parties are agreeable 3 Sediment and Erosion Control SE1 Stringent S&E control requirements. Coordinate development with state and fed agencies involved in aquatic endangered species protection **Let the state review the plans; local enforcement is not there and let Union County step in. SE1 Local ordinances to prevent forestry exemptions becoming development opportunity **This is done through the state; other counties have implemented similar ordinances. Plan Review SE3 NC Wildlife, US fish and wildlife, DWQ will assist in assessment and implementation of BMPS, erosion control, etc. **Obtain agency input into development of design criteria. A2 New developments required to present alternative development plan utilizing low impact development for stormwater. Identify impervious surface amounts. ** Will encourage low impact development techniques; Union County encourages identifying impervious surface amounts. A6 Local government shall adopt environmental check off with redundant controls **Checklist provided to ensure the accountability of the developer. A9 Recommend use of Conservation Easements, Public Ownership or deed restrictions to ensure conservation of buffers **A buffer will be required to be on the deed. A4 Inflitration practices emphaszied **All parties are agreeable. GIs Al GIS future utilities, including sewer and water. Provide to state upon request **Union County and CMUD provides this service at the present time. Water and Utility Infrastructure WU1 Water and utilities shall follow roads or requirements of sewer line placement **All parties are agreeable. WU2 Minimal number of stream crossings, combine utilities in same right-of-way **Union County agrees to this recommendation. Will look into relaxing requirements for road connecting. 4 WU3 Water and utility crossings shall be near perpendicular to stream **All parties are agreeable. Wastewater Infrastructure W1 Encourage force mains, sewer lines follow floodplain when possible **Force mains are not good, there are more problems with pump stations and are not recommended; require sewer lines outside of floodplain to the extent practicable. W2 Sewer lines outside of buffer **Union County will recommend in an ordinance to have the sewer lines outside of the buffer to the extent practicable. W3 Sewer lines/structures 50' from wetlands **All parties are agreeable. W4 Pretreatment systems not in 10-year flood area, electrical components above 100-year flood line **All parties are agreeable. W5 Sewer lines along streams ductile iron or equal **If for some reason the sewer lines are within the buffer area, it would require a liner or other substance that equals this ability. W6 Aerial or directional boring stream crossings only, at major stream or creek confluences **Union County feels that directional boring on every stream crossing is a huge expense with open pits on each sides; a storm would cause the dirt to go into the streams. Other parties were asked to reconsider this decision. W6 Stream crossings monitored once a quarter **Union County, required by the state, monitor their right-of--ways twice a year. W6 Manholes not in buffer area **Proposed that manholes be sealed in the buffers. Additional S5 Containment of fire fighting runoff and hazardous spills **City of Monroe Fire Department has preventable measures. Monroe also has a hazardous unit trained to respond anywhere in the county. It was proposed that personnel be made aware that this endangered habitat, not only for fires but for spills, bridge, road, and any streams crossings. Have a specific plan for those that are responsible. Communicate to the Wildlife Commission and the DWQ. 5 A3 Certification recommended and participation required in local governments stormwater education program for all land clearing operations **Union County recommends to educate inspectors to prevent any future problems. A5 Conservation Reserve Program lands and restoration of wetlands encouraged **All parties are agreeable. A7 Watershed impact evaluation board established and review projects within watershed **One example would be to explain the issues once a quarter with the Goose Creek Advisory Committee. A8 Encourage County to consider retrofit options including abandonment for chronic problem areas **All parties are agreeable. An additional item was proposed to be added: "Since more landscaping will be developed and more driveways and roads will cross streams, is a buffer a buffer?" Shannon Deaton was named the liasion for the NCWRC and Christie Putnam is the liasion for Union County. It is hoped that communication between all parties will take place one week after the NCWRC receives the necessary maps from Union County, but all should respond to the remaining 30 issues at hand. It was asked if there were mechanisms that would be put in place to make these ordinance permanent. Mike Shalati said there will be a signed agreement with the NCWRC since ordinances can be changed. The next meeting for the NC Wildlife Commission will be Friday, August 23, 2002, in the Jefferson Room, from 10:00 a.m. until 2:00 p.m. County Manager Mike Shalati thanked everyone for their time and patience during the meeting. The meeting ended at 2:26 p.m. MS:ah 6 RE: Please Review and Reject Permit Subject: RE: Please Review and Reject Permit Date: Tue, 23 Jul 2002 09:40:15 -0400 From: "Scott Anderson" <ScottAnderson@ASMSOUTH.com> To: "John Dorney" <john.dorney@ncmail.net> CC: <Steven.W.Lund@saw02.usace.anny.mil> John, I understand and can appreciate. I have mailed a copy to your attention. Went out today. I just received the Public Notice and this Friday is your deadline. So, please reject the permit for the Monroe Bypass. There are issues that need to be addressed. I have been working on this for 7 months and the DOT in simple words has been hiding from the lack in their design of the "sensitive" wetlands and watershed into the 7.3 acre lake. In fact, your department has real concerns about the area and does not believe there should be any contraction in the area. Then the DOT does not even have any prudent design measures to protect the wetlands, watershed, wildlife and environment. We need to review the studies and sit down and resolve these real concerns. -----Original Message----- From: John Dorney [mailto:john.dorney@ncmail.net] Sent: Tuesday, July 23, 2002 6:57 AM To: Scott Anderson Cc: Steven.W.Lund@saw02.usace.army.mil Subject: Re: Please Review and Reject Permit please mail a copy to John Dorney, WEtlands Unit, 2321 Crabtree Blvd., Raleigh, NC 27604. i do not open attachements to email unless i am sure that no virus is attached. sorry Scott Anderson wrote: > Please review *my attached letter as I respond to the Public Notice. > Perhaps you have enough information on hand so we can review and discuss > design needs. > <<NCDWQ072202.doc>> ------------------------------------------------------------------------ > Name: NCDWQ072202.doc > Type: Microsoft Word Document (application/msword) > NCDWQ072202.doc Encoding: base64 > Description: NCDWQ072202.doc > Download Status: Not downloaded with message 1 of 1 8/2/02 11:50 AM Dave/ Lam Fcwm* 521 De.4R&a&, Movw'o-ei NC 28110 (704) 7/22/02 Mr. John Dorney North Carolina Division of Water Quality Wetlands Section 1621 Mail Service Center Raleigh, North Carolina 27626-0621 22 5 4 ?i 2 5 200 . , WETLANDS GROUP -.i.f bra ,? rTY SECTIQ?" - Dear John, I am in receipt of a Public Notice from Mr. Steve Lund of the USACE dated July 121", 2002. The Notice is further described as: • Action ID No. 200230845 • TIP NO. R-2559 B?C, State Project NOS. 8.T690401 • Monroe Bypass On pages three and four (pg. 3 & 4) of the document your name and department are listed. In accordance, I placed a call to you late this afternoon and you. are in meetings. I am a private resident and I have a 7.3 acre lake on my property at the above address that derives a very large percentage of it's water from the wetlands area that are further described as Plan View - Site 2. Over the past 8 months, I have directly requested from the DOT Department of Right of Way any studies pertaining to this wetlands area as well as the 7.3 acre lake. I have not seen any assessment or study of this site and the impact on my lake. I have had enough conversation and discovery to think that at this point, any study completed was only as it relates to the actual wetland area. I have heard of nothing that indicates what degree of impact this. wetlands would have on the larger 7.3 acre wetlands. This area touches the wetlands area described. If something has been done, please advise and share these results. Given that I have not seen these studies/reports and based on my inclination no study has been performed as it impacts the 7.3 acre wetlands and down stream, any permitting at this stage would be premature. Please reject anv hermits until we review this site and design together. Per the direction of the Deadline of July 26, 2002, I would implore you and your department to reject the application until current studies can be reviewed with me and I have adequate time to consult with my experts in this field. I will pay for reproduction costs. Please advise me of the amount and I will send you a check immediately to cover the cost. Based on the construction plans, no reasonable provisions have been taken to assure the continued healthy environment of the wetlands and 7.3 acre lake. In addition, this does feed the county water source within 1.5 miles downstream. I am anxious to have prudent measures taken and written into the design plans so we can move forward. But, to this point in time, concern for the water environment has not seemed to be part of the design. In fact, I believe your department, as well as others, specifically advised that this particular site was recommended not to construct through. We must make certain we address the environmental issues in the design before you approve any permit. Please call me to discuss at your earliest convenience. Please forward any reports you may have at this time. I will review these reports and be able to write specific comments as directed in your request. Without this information, which I have asked for several times via the DOT, I cannot appropriately scope out the specific impacts. Thanks for your time and interest. Best Personal Regards, Scott Anderson 521 Deese Road Monroe, NC 28110 (704) 225-0405 CC: Mr. Aaron Plyler Mr. Steve Lund - USACE RE: Please Review and Reject Permit Subject: RE: Please Review and Reject Permit Date: Tue, 23 Jul 2002 09:40:15 -0400 From: "Scott Anderson" <ScottAnderson@ASMSOUTH.com> To: "John Dorney" <john.domey@ncmail.net> ? CC: <Steven.W.Lund@saw02.usace.army.mil> 5 John, I understand and can appreciate. I have mailed a copy to your attention. Went out today. I just received the Public Notice and this Friday is your deadline. So, please reject the permit for the Monroe Bypass. There are issues that need to be addressed. I have been working on this for 7 months and the DOT in simple words has been hiding from the lack in their design of th "sensitive" wetlands and watershed into the 7.3 acre lake. In fact, your department has real concerns about the area and does not believe there should be any contraction in the area. Then the DOT does not even have any prudent design measures to protect the wetlands, watershed, wildlife and environment. We need to review the studies and sit down and resolve these real concerns. -----Original Message----- From: John Dorney [mailto:john.dorney@ncmail.net] Sent: Tuesday, July 23, 2002 6:57 AM To: Scott Anderson Cc: Steven.W.Lund@saw02.usace.army.mil Subject: Re: Please Review and Reject Permit please mail a copy to John Dorney, WEtlands Unit, 2321 Crabtree Blvd., Raleigh, NC 27604. i do not open attachements to email unless i am sure that no virus is attached. sorry Scott Anderson wrote: > Please review my attached letter as I respond to the Public Notice. > Perhaps you have enough information on hand so we can review and discuss > design needs. > <<NCDWQ072202. doc» ------------------------------------------------------------------------ > Name: NCDWQ072202.doc > Type: Microsoft Word Document (application/msword) > 1VCDWQ072202.doc Encoding: base64 > Description: NCDWQ072202.doc > Download Status: Npt downloaded with message I of 1 7/23/02 10:37 Alv RE: Please Review and Reject Permit Subject: RE: Please Review and Reject Permit Date: Tue, 23 Jul 2002 10:51:17 -0400 From: "Scott Anderson" <ScottAnderson@ASMSOUTH.com> To: "John Dorney" <john.dorney@ncmail.net> CC: <Steven.W.Lund@saw02.usace.army.mil>, "Cynthia Van Der Wiele" <cynthia.vanderwiele@ncmail.net> John - I have substantial documentation where I have been requesting copies of studies on the area and the impact. The DOT has been avoiding the request, so, if you reject the permit until the parties can have disclosure and discussion, then the right course of action can be taken. Do you have any studies you can forward. I will pay for the reproduction cost? What studies do you have on the wetlands, runoff and the lake? I would like to invite you to do a site visit so you can see first hand the risk and you can see how good precautions can be designed. -----Original Message----- From: John Dorney [mailto: john. dorney@ncmail. net] Sent: Tuesday, July 23, 2002 10:37 AM To: Scott Anderson Cc: Steven.W.Lund@saw02.usace.army.mil; Cynthia Van Der Wiele Subject: Re: Please Review and Reject Permit thankx. i'll take a careful look at the application. Scott Anderson wrote: > John, I understand and can appreciate. > I have mailed a copy to your attention. Went out today. > I just received the Public Notice and this Friday is your deadline. So, > please reject the permit for the Monroe Bypass. There are issues that > need to be addressed. I have been working on this for 7 months and the > DOT in simple words has been hiding from the lack in their design of the > "sensitive" wetlands and watershed into the 7.3 acre lake. > In fact, your department has real concerns about the area and does not > believe there should be any contraction in the area. Then the DOT does > not even have any prudent design measures to protect the wetlands, > watershed, wildlife and environment. > We need to review the studies and sit down and resolve these real > concerns. > -----Original Message----- > From: John Dorney [mail to:john.dorney@ncmail.net] > Sent: Tuesday, July 23, 2002 6:57 AM > To: Scott Anderson > Cc: Steven.W.Lund@saw02.usace.army.mil > Subject: Re: Please Review and Reject Permit I of 2 7/23/02 10:58 AM RE: Please Review and Reject Permit > please mail a copy to John Dorney, WEtlands Unit, 2321 Crabtree Blvd., > Raleigh, NC > 27604. > i do not open attachements to email unless i am sure that no virus is > attached. > sorry > Scott Anderson wrote: > > Please review my attached letter as I respond to the Public Notice. > > Perhaps you have enough information on hand so we can review and > discuss > > design needs. > > <<NCDWQ072202.doc>> ------------------------------------------------------------------------ > > Name: NCDWQ072202.doc > > Type: Microsoft Word Document > (application/msword) > > NCDWQ072202.doc Encoding: base64 > > Description: NCDWQ072202.doc > > Download Status: Not downloaded with message 2 of 2 7/23/02 10:58 AM U J Dow, Lc k& Farm St 521 De s& 1Rca&,, Mo-nroiai NC 28110 (704) 225-0405 \ __A00 Itp-H 7/22/02 Ace- '704,1503 . 1030 Mr. John Dorney North Carolina Division of Water Quality Wetlands Section 1621 Mail Service Center Raleigh, North Carolina 27626-0621 Dear John, C Aix JUL 3 0 2002 I am in receipt of a Public Notice from Mr. Steve Lund of the USACE dated July 121H, 2002. The Notice is further described as: • Action ID No. 200230845 TIP NO. R-2559 B?C, State Project NOS. 8.T690401 Monroe Bypass On pages three and four (pg. 3 & 4) of the document your name and department are listed. In accordance, I placed a call to you late this afternoon and you are in meetings. I am a private resident and I have a 7.3 acre lake on my property at the above address that derives a very large percentage of it's water from the wetlands area that are further described as Plan View - Site 2. Over the past 8 months, I have directly requested from the DOT Department of Right of Way any studies pertaining to this wetlands area as well as the 7.3 acre lake. I have not seen any assessment or study of this site and the impact on my lake. I have had enough conversation and discovery to think that at this point, any study completed was only as it relates to the actual wetland area. I have heard of nothing that indicates what degree of impact this wetlands would have on the larger 7.3 acre wetlands. This area touches the wetlands area described. If something has been done, please advise and share these results. Given that I have not seen these studies/reports and based on my inclination no study has been performed as it impacts the 7.3 acre wetlands and down stream, any permitting at this stage would be premature. Please reject any permits until we review this site and design together. Per the direction of the Deadline of July 26, 2002, I would implore you and your department to reject the application until current studies can be reviewed with me and I have adequate time to consult with my experts in this field. I will pay for reproduction costs. Please advise me of the amount and I will send you a check immediately to cover the cost. Based on the construction plans, no reasonable provisions have been taken to assure the continued healthy environment of the wetlands and 7.3 acre lake. In addition, this does feed the county water source within 1.5 miles downstream. I am anxious to have prudent measures taken and written into the design plans so we can move forward. But, to this point in time, concern for the water environment has not seemed to be part of the design. In fact, I believe your department, as well as others, specifically advised that this particular site was recommended not to construct through. We L ? . must make certain we address the environmental issues in the design before you approve any permit. Please call me to discuss at your earliest convenience. Please forward any reports you may have at this time. I will review these reports and be able to write specific comments as directed in your request. Without this information, which I have asked for several times via the DOT, I cannot appropriately scope out the specific impacts. Thanks for your time and interest. Best Personal Regards, Scott Anderson 521 Deese Road Monroe, NC 28110 (704) 225-0405 CC: Mr. Aaron Plyler Mr. Steve Lund - USACE DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO July 12, 2002 Regulatory Division Action ID No. 200230845 Mr. John Dorney Division of Water Quality NC Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27626-1621 Dear Mr. Dorney: Enclosed is the application of the North Carolina Department of Transportation for Department of the Army authorization and a State Water Quality Certification to discharge dredged or fill material into 4.26 acres of wetland, 6771 linear feet of stream channel and 3.72 acres of ponds in the waters and adjacent wetlands of Stewarts Creek, Richardson Creek, Rays Fork, Spring Branch, Meadow Branch, Salem Creek and unnamed tributaries to facilitate the construction of approximately 9.1 miles of the US Highway 74, Monroe Bypass between US Highway 601 and existing US 74 west of Marshville, Union County, North Carolina (TIP No. R- 2559 B/C, State Project No. 8.T690401). Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, in most cases, 60 days after receipt of a request for certification is a reasonable time for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by September 12, 2002, the District Engineer will deem that waiver has occurred. is t 2 Questions or comments may be addressed to Mr. Steven Lund, in our Asheville Regulatory Field Office, at (828) 271-7980. Sincerely, Enclosure Copy Furnished (without enclosure): Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 E. David Franklin Chief, NCDOT Team es SWFo STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY 1501 MAIL SERVICE CENTER, RALEIGH, N.C. 27699-1501 LYNDO TIPPETT GOVERNOR SECRETARY April 19, 2002 RECEIVED U.S. Army Corps of Engineers APR 2 4 2002 Asheville Regulatory Field Office 151 Patton Avenue, Room 143 Asheville, NC 28801-5006 CESAW-CO-RA ATTN: Mr. Steve Lund Dear Sir: SUBJECT: INDIVIDUAL PERMIT APPLICATION FOR THE MONROE BYPASS IN UNION COUNTY, TIP NOS. R-2559 B, AND C Please find enclosed the permit application and drawings for the subject project. The proposed roadway, US 74 Monroe Bypass, is a four lane facility with a 45-foot divided median on new location connecting US 601, just south of.the intersection with SR 1504 (Baucom-Deese Road) at Fowler Crossroads, to existing US 74, approximately half way between the towns of Wingate and Marshville, a distance of approximately 9.169 miles (14.756 km). Full control of access will be-maintained. An-analysis of various alternatives and the explanation of the preferred is detailed in the Environmental Assessment (EA) signed in March 1996 and the Finding of No Significant Impact (FONSI) signed June 1997. The state project number is 8.T690401 and the Federal Aid Project number is NHF-74(8). Section R-2259 B is 3.538 miles long (5.694 km) and begins at US 601 and ends just before the crossing of Richardson Creek. It scheduled to be let in September 2002. Section R-2559 C is 5.631 miles long (9.06 km) and begins connects with Section B and ties back into US 74 just east of the intersection of US 74 and SR 1754 (Forest Hills Road). It is scheduled to be let in September 2002. INDEPENDENT UTILITY The original EA for this project included a section, R-2559 A, that tied R-2559 PHONE 919-733-2520 FAX 919-733-9150 B from the US 601 interchange back to US 74 west of Monroe, hence bypassing the city # ; However, due to changes in growth patterns since the completion of the EA and FONSI and in conjunction with other road building studies, questions were raised as to whether the alignment of R-2559 A could better suit the purpose and need of the project by tying in elsewhere. So in March 2000, the decision was made to eliminate section R-2559 A and once again examine the best alternatives to meet the purpose and need of the project. This proposed roadway study has been renamed TIP R-3329. While the question still remains as to where the Monroe Bypass will ultimately connect, sections'R 2559 B and C alone represent a viable project that is needed to alleviate the traffic congestion on US 74 that is experienced daily within Monroe. This project, coupled with the proposed upgrading of US 601 from the proposed intersection with US,601 to Monroe (TIP U4024), will provide an alternative route to motorists that will avoid a large segment of US 74 and create safer driving conditions. Therefore,`NCDOT believes that Section R-2559 B and C meet all the criteria required to exhibit independent utility as a stand-alone project. They are addressed below. The project connects logical termini. The justification for both termini was presented in the EA. While ending the road at US 601 was not discussed in the document, it never-the-less is a logical terminus for the reasons outlined in the EA. • The project is of sufficient length that environmental matters have been addressed on a broad scope. The EA and FONSI address all environmental matters with respect to NEPA requirements. In addition, since the original scope of the project examined the potential corridor that would be utilized if a connector road were tied to the bypass beyond the termini with US 601, there is documented evidence.that there are no environmentally sensitive sites within the immediate area of potential effect. • The project has independent significance such that it is usable and of reasonable expenditure even if no other improvements are made in the area. US 74 through Monroe experiences congestion and delays Monday through Friday beginning from approximately 2:00 pm until 7:00 pm. In addition, this road serves as the main thoroughfare for motorists traveling from Charlotte and other cities west, to the coast. Therefore, delays also frequently occur on weekends. Construction of this project will remove all traffic accessing US 601 north of Monroe and US 74 east as well as providing an alternative route for through traffic, thereby alleviating some of the congestion and resulting in safer driving conditions. The project does not restrict consideration of alternatives for other reasonable foreseeable transportation improvements. The interception of the traffic east of the town of Wingate, which is before the more built-up areas, and keeping full control of access aids in maintaining a smooth traffic flow. The terminus with US 601 allows a s ' connection with the main artery for traffic traveling accessing US 601 from the north. • While it is probable that eventually a connector road will seek to tie to the terminus of this project at US 601, it does not necessitate that it will. However, as aforementioned, since the original study considered the environmental impacts to the area beyond the US 601 terminus and found no environmentally sensitive sites, it would make a connection here an attractive alternative. ENVIRONMENTAL IMPACTS Wetlands: The proposed project will impact twenty-five jurisdictional wetlands. Wetlands were delineated using the criteria specified in the 1987 Corps of Engineers Wetland Delineation Manual. Wetlands were verified by Mr. Steve Lund of the United States Army Corps of Engineers (ACOE) Asheville Regulatory Field Office. The Division of Water Quality (DWQ) rating system was performed on each wetland site. Each wetland was also classified according to the United States Fish and Wildlife Service Wetland Classification (Cowardin, 1979) system and the North Carolina Department of Environment, Health, and Natural Resources, Division of Environmental Management: Field Guide to North Carolina Wetlands (Report No. 96-01, 1996). Table Al in Appendix A reflects the wetland communities, quality analysis, and acres of impact for each section of the project. The "Acres Impacted" column in Table Al reflects permanent fill, excavation, and mechanized clearing in wetlands and are further itemized in the summary sheets in Appendix B. Appendix B also contains the permit drawings for each section. Method III mechanized clearing will be used throughout the project. A general description of each wetland type, as listed in the Field Guide to North Carolina Wetlands, and the dominant vegetation found in each is described below: Headwater Forests - These wetlands are found at the headwaters or adjacent to intermittent streams. The primary source of hydrology is groundwater. Typical vegetation includes box elder (Acer negundo), red maple (Acer rubrum), sweetgum (Liquidambar styracijlua), tulip poplar (Liriodendron tulipifera), sycamore (Platanus occidentalis), winged elm (Ulmus alata), green ash (Fraxinus pennsylvanica), ironwood (Carpinus caroliniana), Chinese privet (Ligustrum sinense), silky dogwood (Corpus amomum), elderberry (Sambucus canadensis), Virginia creeper (Parthenocissus quinquefolia), blackberries (Rubus spp.), poison ivy (Toxicodendron radicans), Japanese honeysuckle (Lonicera japonica), mountain mint (Pychanthemum sp.), greenbrier (Smilax sp.) and microstegium (Microstgium viminea). Bottomland Hardwoods - Only the wetland in the flood plain of Meadow Branch was W f classified as a bottomland hardwood. The hydrology is derived from a combination of overland flooding and groundwater. Typical vegetation includes black willow (Salix nigra), red maple, sweetgum, green ash, black gum (Nyssa sylvatica), tulip poplar, tag alder (Alnus serrulata), elderberry, silky dogwood, greenbrier, jewelweed (Imaptiens campensis), false-nettle (Boehmeria cylindrica), poison ivy, broad-leaf cattail (Typha latifolia), arrow-leaf tearthumb (Polygonum sagittatum) and rushes (Juncus spp). Pond Fringe - Areas around the edges of ponds that have rooted, persistent vegetation have been classified as pond fringe wetlands. These areas are usually saturated for the entire year. Typical vegetation includes black willow, tag alder, silky dogwood, rushes, and sedges. Ephemeral Wetland - Site 6 on Section B is an old pond that has been breached though seasonally retains water in a small area below the invert of the breach. Its main source of hydrology is groundwater. The dominant vegetation is early successional grasses,.sedges, and rushes. The second site, Section C - Site 13A, is within the floodplain of Meadow Branch and retains water for short periods of the year. Young trees, such as sweet gum and tulip poplar, with little herbaceous vegetation, dominate the area. Surface Waters: Table A2 in Appendix A lists the acres of impact and the linear feet of channel loss for each site. The "Acres Impacted" column includes permanent fill in, excavation of, and permanent draining of ponds and totals 3.72 acres. The total channel loss for the project is 6771 linear feet. The station number for each site is listed on the summary sheets in the permit drawings (Appendix B) as is the hectare amount for each jurisdictional stream lost. Threatened And Endangered Species: There are two federally endangered species in Union County; Schweinitz's sunflower (Helianthus schweinitzii) and Carolina Heelsplitter (Lasmigona decorata). Areas of potential habitat for Schweinitz's sunflower exist throughout the project corridor. These areas were surveyed by consulting biologist on September 24-26, 1996 and the findings were included in the EA and FONSI. No populations or individuals were identified which lead to determination that the proposed project is not likely to adversely impact the Schweinitz's sunflower. The U.S. Fish and Wildlife service (USFWS) concurred with this finding in a letter dated May 17, 1996 and included in the FONSI. Additional surveys were conducted by NCDOT biologists in October 1999 and also failed to identify any individuals. Since two years have past and there are areas of suitable habitat on the project and known populations in the vicinity, NCDOT biologists will conduct another survey in the fall of 2002 and will provide the results of the survey to the USFWS. Consulting biologist performed surveys for the Carolina Heelsplitter by conducting bank surveys for relic shells in 1996, during which only relic shells of Asiatic clam (Corbicula fluminea) were noted. Therefore, the determination was made that the 'proposed action is not likely to adversely effect the Carolina heelsplitter, which was concurred with by the USFWS in the May 17, 1996 letter. NCDOT biologists performed additional surveys in Stewarts Creek, Richardson Creek, and Rays Fork at various times from 1999-2000. A few individuals of Elliptio sp. were discovered upstream of the proposed crossing of Stewarts Creek. No relic shells or live individuals were identified in Rays Fork. On June 2, 1999, a shell of Carolina creekshell (Villosa vaughaniana) and two Elliptio sp. shells were discovered at the crossing of Richardson Creek. Richardson Creek also has a known population of Savannah lilliput (Toxolasma pullus), which together with Carolina creekshell are Federal species of concern. Two additional surveys were performed at the proposed crossing where a few more relic shells were discovered, however no live individuals were identified. While good habitat exists in the project area for mussels, the crossing is just downstream of a wastewater outfall for the town of Monroe and a strong chlorine smell is evident at this site. So therefore, it is unlikely that any mussels exist within the immediate project area. Since the concurrence letter from the USFWS in 1996, there has been a significant change in the circumstances surrounding the Carolina heelsplitter. The known range of the Carolina heelsplitter has decreased while the development of land within the subbasins that support the mussel has increased at a much faster rate than predicted. Coupled with this development are proposed infrastructure improvements, specifically to roadways and utilities. As a result of these changes and new information regarding the species, the USFWS has stated that the 1996 concurrence that the proposed action is not likely to adversely effect the Carolina heelsplitter is no longer valid. An informal Section 7 consultation is currently underway with representatives of the USFWS, North Carolina Wildlife Resource Commission (WRC), NCDOT and Union County. It is anticipated that particular measures proposed by the USFWS and WRC to ensure that the proposed action will not lead to indirect take of any individuals of the species, will be implemented by Union County and NCDOT prior to letting of this project. Cultural Resources: In a letter dated January 24, 1996, State Historic Preservation Office (SHPO) concurred with the findings listed in the EA that the construction corridor contains no properties currently listed on the National Register of Historic Places. After an intensive archaeological survey of the construction corridor that concluded in 1997, the SHPO concurred that no assessed sites were eligible for the National Register of Historic Places. MITIGATION OPTIONS The ACOE has adopted, through the Council on Environmental Quality (CEQ), a wetland mitigation policy that embraces the concept of "no net loss of wetlands" and sequencing. Mitigation of jurisdictional impacts, or sequencing, has been defined by the CEQ to include avoiding impacts, minimizing impacts, and compensating for impacts. Avoidance & Minimization: The NCDOT has employed many avoidance and ' minimization strategies during the planning phases of the EA and the FONSI, such as reduced medians in wetlands. In addition, as a result of various field reviews (September 14, 1999, March 5, 2000) and in-house meetings (February 21, 2002) with the resource agencies, the following were deemed high quality natural areas and required further consideration for avoidance and/or minimization. R-2259 B Site 2: This wetland was going to be impacted by the mainline as well as a service road to access properties that are being landlocked as a result of the proposed bypass. NCDOT considered a shift of the mainline to avoid the wetlands. However, this would require a major shift to bring both the mainline and service road out of the wetlands. Not only would such a shift increase jurisdictional impacts at the intersection with US 601, but would still leave large portions of land that would be landlocked and require an access. Instead, NCDOT is proposing to leave the mainline on its current alignment, but eliminate the service road and purchase the properties that will no longer have access. In addition, NCDOT is currently investigating ways to utilize these landlocked parcels to create on-site stormwater retention areas. These may include specially designed drainage ditches that provide stormwater attenuation and treatment or possibly creating wetlands that tie into the existing wetlands to provide the same benefits. Once the design is complete, the plans will be forwarded to the agencies. R-2259 C Site 1: The original design called for piping this unnamed tributary (UT) to Rays Fork under the mainline. After further investigations, NCDOT was able to increase the bridge over SR 1751 and avoid any piping of the channel. However, 180 feet (55 meters) of the existing channel will be abandoned and 197 feet (60 meters) of channel created as a result of this design. In addition, 92 feet (28 meters) of channel will be day lighted by removal of the existing SR 1786 road crossing. Finally, the relocation of SR 1758 will fill 131 feet (40 meters) of channel. In summary, the new design creates 279 feet of new channel while filling or abandoning 311 feet of channel for a total impact of 32 linear feet. This reduces impacts by 316 linear feet. Site 2: This intermittent UT to Rays Fork is a high quality surface water. NCDOT examined shifting the mainline to avoid the significant impact to this system in 1999 and again in 2002. In the 1999 assessment, it was believed that a shift to the south would result in impacts to a larger stream. A more detailed examination in 2002 indicated that it would be possible to avoid direct impacts to either stream, but would have indirect impacts on both. In addition, the required alignment shift would impact would have alignment repercussions for almost half of this project. This shift would cause a more skewed crossing and often increased impacts to r surface waters, including the crossing of Richardson Creek, Rays Fork, and the UT to Rays Fork detailed above (R-2259 C - Site 1). As stated in the 1999 assessment, any shift to the north would result in an increase the amount of construction required on the -Y- lines in the relocated area because the mainline is in a valley. The northerly shift would force the mainline grade to be higher to reduce earthwork which in turn would extend -Y- line construction to the north. This would impact streams currently outside the construction limits and therefore reduce the overall benefit of the shift. In addition, any shift would require reverse curves that are not desirable for this type of facility. Therefore, NCDOT proposes to leave the design as is. Site 5: Meadow Branch. The floodplain adjacent to Meadow Branch at the mainline crossing is the highest quality wetland on the site and also represents over 1/3 the total wetland impacts resulting from the project. NCDOT has redesigned the bridge such that the only permanent fill in the wetland will be the bridge bents. This initiative will reduce wetland impacts by 2.47 acres. In order to construct the bridge, two temporary haul roads will placed in the wetlands as detailed in the permit drawing. The haul roads will be of earthen fill and will be placed on fabric filter. They will cover approximately 0.60 acres and total approximately 5055 cubic yards. They are expected to remain in place for approximately two years. Once the bridge is completed, the area will be restored to its pre-construction elevation. It is expected to revegetate naturally. Site 14: This wetland is currently providing substantial water quality benefits by attenuating and treating the stormwater runoff from the road.and business across the street (SR 1754). In order to help preserve these functions on-site, NCDOT is designing a special roadside ditch that-will attenuate much of the runoff from the road and parking lot before it enters the UT to Salem Branch. The details of the special ditch will be transmitted to the agencies upon completion. MITIGATION Compensation - wetlands. The project will impact 4.26 acres of jurisdictional wetlands in the Yadkin River Basin, Cataloging Unit 03040105. All 4.26 acres are riverine wetlands. The NCDOT proposes to provide mitigation via in-lieu payments to the Wetlands Restoration Program (WRP) at a 2:1 ratio in the amount of $204,480.00 ($24,000.00 / acre). A copy of the WRP acceptance letter is included in Appendix C. Compensation - surface waters. The project will impact 6,771 linear feet of jurisdictional streams. These streams are in the Yadkin River Basin, Cataloging Unit 03040105. NCDOT proposes to mitigate for these impacts on-site at a 1:1 ratio and off- site at a 2:1 ratio. The end result, as detailed in Table A2, is 13,712 linear feet of stream that will need to be mitigated for off-site. NCDOT proposes to provide this mitigation via in-lieu payments to the WRP in the amount of $1,714,000.00 ($125.00 / linear foot). r A copy of the WRP acceptance letter is included in Appendix C. It is anticipated that these activities will be authorized through a Section 404 Individual Permit. By copy of this application, the NCDOT requests that the NC Division of Water Quality review the proposal for authorization by a 401 Water Quality Certification. If you have any questions or need any additional information, please contact Mr. Michael Wood of The Catena Group at (919) 732-1300. Sincerely, 41 William D. Gilmore, PE, Manager Project Development & Environmental Analysis cc: Mr. David Franklin, USACE, NCDOT Coordinator Mr. John Dorney, Division of Water Quality Mr. Pete Colwell, Division of Water Quality Ms. Marella Buncick, USFWS Ms. MaryEllen Haggard, NCWRC Mr. John Alford, P.E., Roadway Design Mr. Calvin Leggett, P.E., Program Development Ms. Debbie Barbour, P.E., Design Services Mr. Dave Henderson, P.E., Hydraulics Mr. Timothy V. Rountree, P.E., Structure Design Ms. Susan Cauley, Roadside Environmental Mr. B. G. Payne, P.E., Division 10 Engineer Mr. Larry Thompson, Division 10 DEO Mr. Michael Wood, LSS, Catena Group APPENDIX A Stream and Wetland Impact Tables TABLE Al. Monroe Bypass (R-2559 B and C) Wetland Communities, Quality Analysis, and Total Impacts Site Cowardin Schafale & Weakley DWQ Acres Classification Classification Rating Impacted Section B IA PFOIC Headwater Forest 23 0.03 I B PFO 1 C Headwater Forest 23 0.02 1 C PFO 1 C Headwater Forest 23 0.06 2 PFOI E Headwater Forest 63 0.76 4 PFOIC Headwater Forest 39 0.09 5 PEM 1 F Pond Fringe 25 0.06 7 PEM2F Ephemeral Wetland 42 0.22 8 PFOIC Headwater Forest 39 1.13 10 PEM 1 F Pond Fringe 15 0.07 11 PFO 1 C Headwater Forest 43 0.34 12 PFO1 C Headwater Forest 28 0.24 13 PFOIC Headwater Forest 31 0.37 14 PFO 1 C Headwater Forest 21 0.09 15 PEM 1 F Pond Fringe 25 0.02 SUBTOTAL 3.51 Section C 3 PFO 1 C Headwater Forest 15 0.10 4 PFOI C Headwater Forest 15 0.14 5 PFOIE Bottomland Hardwood 76 0.00 6 PFO1 C Headwater Forest 24 0.11 7 PFO 1 C Headwater Forest 17 0.03 9 PFO1 C Headwater Forest 24 0.05 11 PFO1 C Headwater Forest 19 0.07 13 PFO1 C Headwater Forest 23 0.02 13A PFO1 C Ephemeral Wetland 20 0.04 14A PFO1 E Headwater Forest 15 0.04 14B PFO 1 C Headwater Forest 46 0.16 SUBTOTAL 0.75 TOTAL 4.26 PFOIC - Palustrine Forested Broad-leaved Deciduous Seasonally Flooded PFOIE - Palustrine Forested Broad-leaved Deciduous Seasonally Flooded / Saturated PEMIE - Palustrine Emergent Persistent Semipermanently Flooded PEM2F - Palustrine Emergent Non-Persistent Semipermanently Flooded IA13LE Al. monroe Bypass (x- 559 B and L) - Stream Impacts Site Water Body Channel Impact (linear feet) Channel Replaced (linear feet) Proposed Mitigation* (linear feet) Acres Impacted Section B 1 UT to Stewarts Creek 117 0 234 5 Farm Pond 0.05 6 Farm Pond 1.15 7 UT to Stewarts Creek 553 0 410 8 UT to Stewarts Creek 588 0 1176 9 Farm Pond 0.64 10 Farm Pond 0.95 11 UT to Richardson Creek 133 0 266 0.11 12 UT to Richardson Creek 610 0 1220 13 UT to Richardson Creek 343 0 686 15 Farm Pond 0.24 SUBTOTAL 2220 0 4440 3.14 Section C 1 UT to Rays Fork 311 279 64 2 UT to Rays Fork 1646 0 3292 4 Spring Branch 1082 0 2164 6 UT to Meadow Branch 276 0 552 8 UT to Negro Head Creek 608 0 1216 9 UT to Negro Head Creek 465 0 930 10 Negro Head Creek 314 0 628 12 Farm Pond 0 0 0 0.58 14 UT to Salem Branch 213 0 426 SUBTOTAL 4915 0 9272 0.58 TOTALS. 6771 0 13712 3.72 O?O? W AT k;qQG 7 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality April 17, 2002 Mr. Phil Harris NC Department of Transportation P D and E A Branch 1548 Mail Service Center Raleigh, North Carolina 27699-1548 Subject: Project: US 74 Monroe Bypass TIP #: R-2559 B and C County: Union The purpose of this letter is to notify you that the North Carolina Wetlands Restoration Program (NCWRP) is willing to accept payment for stream and wetland impacts associated with the subject project. Please note that the decision by the NCWRP to accept the mitigation requirements of this project does not assure that this payment will be approved by the U.S. Army Corps of Engineers and the N.C. Division of Water Quality Wetlands/401 Unit. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCWRP for impacts associated with this project is appropriate. This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404 Permit and 401 Certification within this time frame, this acceptance will expire. Based on the information supplied by you, the stream restoration that is necessary to satisfy the compensatory mitigation requirements for this project is summarized in the following table. The maximum amount of mitigation that the NCWRP will accept for this project is also indicated in this table. Stream linear feet Wetland (acres) Riparian Buffer (ft2) Impact 7,375 6.75 Mitigation Maximum 14,750 13.50 The stream and wetland mitigation will be provided as specified in the 401 Water Quality Certification and/or Section 404 Permit for impacts associated with the subject project in Cataloging Unit 03040105 of the Yadkin River Basin. The mitigation will be performed in accordance with the Memorandum of Understanding between the N.C. Department of Environment and Natural Resources and the U.S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional information, please contact Crystal Braswell at (919) 733-5208. Sincerely, M w Ronald E. Fe ell, Program Manager cc: Rob Ridings, Wetlands/401 Unit Steve Lund, USACOE Rex Gleason, MRO f-?%r ?T`14- file Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 (919) 733-5208 Customer Service ?? 320 West Jones Street Raleigh, NC 27603 Fax: (919) 733-5321 1 800 623-7748 rn Gj 40 .A` it O G7 W 14 1? a •/ O Q , .1 . ? t y y ?-? I? Z O o ------- MX. 0 ?cz to z o z '` a N z > ° fA 0 \ z a w -O 'O ?o 11 v cn CA0 Zv ?v no Cm m mm rm no ?o no Ao fn+mtm/1 >(A 000 00 :* -n om (nm aP tnx r m ?r A r n m a x ;a Z < z a N Z N z my N m ? i r • i r t • r N 'TI r i r i i ? f;? / fi/ ' Air Jt/ I Q •/ / cn f / / 1 a r /'3 •1? 11 ?Il O ? w \v CD o / Z I I o ?? T@ f E-345 E3 -- E 0 E -I'?-- E UIW Owl ----------------- _/O°o / II o 0 onld-- 1 \?• AV?l ON00 i r)c M -d m m-4 ?O N m 0 a I a F ? I ? I TB ? ? 1 1 1 1 I 1 o I I 1 1 1 1 1 1 1 1 I I 1 I 1 I I 1 I 1 I 1 MN•l 06lOONOO /09 SN - ?+-' - I I ? I i fs, +? Ai ; v T6?? 0 ? I 091 0 j n N 1 I Z /? 1 / C4 N I ` . 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ONVI13M ' -.alw AUVONn08 ONVI13M -----BIM--- CIN393-1 1* r .,5, -- f. • j , l -, n3 r.. . it 1 1 /a?! ` I y)/? 1rraiS? l 1 ?•?i ? :? Mim VICINITY MAPS N. C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS UNION COUNTY PROJECT: 8.T690401 (R-2559C) US 74 FROM WEST OF RICHARDS( CREEP TO EXISTING US 74 SHEET 1 OF ZS 4/20/02 SITE 8- SITE 7 AP 2 ?' £8 QdN f#v+? C 4" f/El P1 rt -y3- NZT1#-WWEY RD (SR /f 58) SITE 6 y? a SITE 15 AND 15A Alr SITE 14 SITE 5 d9? -SITE 13 1 Y SITE 4 -w- WWHIrE 08 \\ ? !SR O8W SITE 2 SITE 3 Wp S FC K CREEK SITE I S ZP? BEGIN PROJECT R -2559C N. C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS S I T ELd, UNION COUNTY PROJECT: 8.T690401 (R-2559C) MAP I US 74 FROM WEST OF RICHARDSO CREEK TO EXISTING US 74 'SHEET 'Z OF 2 S 4 / 20 / 02 rrq SITIE, N. C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS UNION COUNTY 2 US 74 FROM PROJECT: WESTT OF RICHAR 8.T690401 (R-2559C) MAP CREEK TO EXISTING US 74 ?A END PROJECT R -2559C LEGEND I WLB- WETLAND BOUNDARY O LIVE STAKES C7_> WETLAND ® DENOTES FILL IN WETLAND ® DENOTES FILL IN SURFACE WATER ® DENOTES FILL IN SURFACE WATER (POND) ® DENOTES TEMPORARY FILL IN WETLAND ® DENOTES EXCAVATION IN WETLAND DENOTES TEMPORARY FILL IN SURFACE WATER • • DENOTES MECHANIZED •'•' •' • CLEARING --- ---- FLOW DIRECTION TB TOP OF BANK ---WE --- EDGE OF WATER - C - PROP. LIMIT OF CUT - ?- - PROP. LIMIT OF FILL ?- PROP. RIGHT OF WAY - - NG - - NATURAL GROUND - ??- - PROPERTY LINE -TOE- TEMP. DRAINAGE EASEMENT -POE- PERMANENT DRAINAGE EASEMENT -EAB- EXIST. ENDANGERED ANIMAL BOUNDARY -EPB- EXIST. ENDANGERED PLANT BOUNDARY ----------- WATER SURFACE N. C. DEPT. 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W W z -- to l0-z 1 d3a sc£ as OIL n¢ f031V301 38 1 OWn3 1311I1W1 `` /??/-/7- - - c ra 19-Z q-? - - - -- - tD O N A 3N03 R % Y'Z - Z ?e?a rzXb•zoz F b SM0813 /M ----_?-dlyi 006 ra J/ Z N 0 r 0 z o 0 F v °axE" ? xz w `n C7 z x O IT V 0 Foz F wW ,n o z o o w 0 w > ti a Q o w a9 a w U a ? U ? ri) z + u Sal I > o _ I , ?-- ? UZ U? 5 z W ---f 1 o Z4 / ~ A A AU ?! I I -1- I II ? 91 r i II N I ' I , 1 0 0 o ° o A. 12+W oa r ? ° Ch ? I I `---. x w H o z H H w ? w w x I o = o I I U w ° o o ,; z H a H in CT. W O W ° 0 ( I Q a . LL) U U W o I ? ? I 1 I I I y Dad ? f I I ? \ Z a U I I I z I ? I a I I ?Ol ? ,. "? a i l I. I + w I \ + r:z C\j Z b I l A EZ: O M 4 F U ?' ' a x F ? ? Z 0 t o ? Foz ?, Wra t_n • - ?? W n Jia a? ?'" A a E. 1• x y F a z a a W • \\ I I I t ' O o I I z o N ? o ?5? `o Qr ,?i ? ? ? z W •//// 61 x o p o / o a o - ? / / w ? •, o D4 N / / /q Ea z ? ? - Hw ,o W r in , J < , am yV 03 ..1 d S `J z U ? a O N ? V o?o? war?RP? r > -q 0 -c Mr. William D. Gilmore, P.E., Manager Planning and Environmental Branch NCDOT 1548 Mail Service Center Raleigh, NC 27699-1548 Dear Mr. Gilmore: RE: Monroe Bypass; R-2559 B&C Union County DWQ# 02-0672 May 7, 2002 DWQ received the application for the above mentioned project on April 29, 2002. We will begin our review and processing of this application. However please be aware that DWQ cannot complete processing of this application until we receive a copy of the Public Notice issued by the US Army Corps of Engineers and 2) the issues relating to cumulative impacts are adequately addressed as discussed in our meeting on April 9, 2002. DWQ is committed to working with you, the City of Monroe, Union County and your consultants to address the cumulative impact issue. As agreed in our April 8 meeting, we will need copies of all relevant local existing stormwater and related land use management programs. To date we have not received these materials. Please send three (3) copies of this information to me so we can accelerate this process. I can be reached at 919-733-9464 if you have any questions. Sincerely, John Dorney Water Quality Certification Program cc: Mike Parker, DWQ Mooresville Regional Office Milt Rhodes, WQ Planning Steve Lund, Asheville Corps of Engineers Cynthia Van Der Wiele, DWQ Central Files File Copy MONOR Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/nawetiands ti STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY 1501 MAIL SERVICE CENTER, RALEIGH, N.C. 27699-1501 GOVERNOR LYNDO TIPPETT SECRETARY 020672 April 19, 2002 U.S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 143 Asheville, NC 28801-:5006 ATTN: Mr. Steve Lund Dear Sir: 0W 9 20[1? p SUBJECT: INDIVIDUAL PERMIT APPLICATION FOR THE MONROE BYPASS IN UNION COUNTY, TIP NOS. R-2559 B, AND C Please find enclosed the permit application and drawings for the subject project. The proposed roadway, US 74 Monroe Bypass, is a four lane facility with a 45-foot divided median on new location connecting US 601, just south of the intersection with, SR 1504 (Baucom-Deese Road) at Fowler Crossroads, to existing US 74, approximately half way between the towns of Wingate and Marshville, a distance of approximately 9.169 miles (14.756 km). Full control of faccess-will be maintained. An-analysis of various alternatives and the explanation of the preferred is detailed in the Environmental Assessment (EA) signed in March 1996 and the Finding of No Significant Impact (FONSI) signed June 1997. The state project number is 8.T690401 and the Federal Aid Project number is NHF-74(8). Section R-2259 B is 3.538 miles long (5.694 km) and begins at US 601 and ends just before the crossing of Richardson Creek. It scheduled to be let in September 2002. Section R-2559 C is 5.631 miles long (9.06 km) and begins connects with Section B and ties back into US 74 just east of the intersection of US 74 and SR 1754 (Forest Hills Road). It is scheduled to be let in September 2002. INDEPENDENT UTILITY The original EA for this project included a section, R-2559 A, that tied R-2559 PA ? r ?!T fl- R, i p _` 11-D PHONE 919-733-2520 FAX 919-733-9150 V ` l L U 10 B from the US 601 interchange back to US 74 west of Monroe, hence bypassing the city. However, due to changes in growth patterns since the completion of the EA and FONSI and in conjunction with other road building studies, questions were raised as to whether the alignment of R-2559 A could better suit the purpose and need of the project by tying in elsewhere. So in March 2000, the decision was made to eliminate section R-2559 A and once again examine the best alternatives to meet the purpose and need of the project. This proposed roadway study has been renamed TIP R-3329. While the question still remains as to where the Monroe Bypass will ultimately connect, sections R-2559 B and C alone represent a viable project that is needed to alleviate the traffic congestion on US 74 that is experienced daily within Monroe. This project, coupled with the proposed upgrading of US 601 from the proposed intersection with US 601 to Monroe (TIP U-4024), will provide an alternative route to motorists that will avoid a large segment of US 74 and create safer driving conditions. Therefore, NCDOT believes that Section R-2559 B and C meet all the criteria required to exhibit independent utility as a stand-alone project. They are addressed below. The project connects logical termini. The justification for both termini was presented in the EA. While ending the road at US 601 was not discussed in the document, it never-the-less is a logical terminus for the reasons outlined in the EA. The project is of sufficient length that environmental matters have been addressed on a broad scope. The EA and FONSI address all environmental matters with respect to NEPA requirements. In addition, since the original scope of the project examined the potential corridor that would be utilized if a connector road were tied to the bypass beyond the termini with US 601, there is documented evidence that there are no environmentally sensitive sites within the immediate area of potential effect. • The project has independent significance such that it is usable and of reasonable expenditure even if no other improvements are made in the area. US 74 through Monroe experiences congestion and delays Monday through Friday beginning from approximately 2:00 pm until 7:00 pm. In addition, this road serves as the main thoroughfare for motorists traveling from Charlotte and other cities west, to the coast. Therefore, delays also frequently occur on weekends. Construction of this project will remove all traffic accessing US 601 north of Monroe and US 74 east as well as providing an alternative route for through traffic, thereby alleviating some of the congestion and resulting in safer driving conditions. • The project does not restrict consideration of alternatives for other reasonable foreseeable transportation improvements. The interception of the traffic east of the town of Wingate, which is before the more built-up areas, and keeping full control of access aids in maintaining a smooth traffic flow. The terminus with US 601 allows a connection with the main artery for traffic traveling accessing US 601 from the north. • While it is probable that eventually a connector road will seek to tie to the terminus of this project at US 601, it does not necessitate that it will. However, as aforementioned, since the original study considered the environmental impacts to the area beyond the US 601 terminus and found no environmentally sensitive sites, it would make a connection here an attractive alternative. ENVIRONMENTAL IMPACTS Wetlands: The proposed project will impact twenty-five jurisdictional wetlands. Wetlands were delineated using the criteria specified in the 1987 Corps of Engineers Wetland Delineation Manual. Wetlands were verified by Mr. Steve Lund of the United States Army Corps of Engineers (ACOE) Asheville Regulatory Field Office. The Division of Water Quality (DWQ) rating system was performed on each wetland site. Each wetland was also classified according to the United States Fish and Wildlife Service Wetland Classification (Cowardin, 1979) system and the North Carolina Department of Environment, Health, and Natural Resources, Division of Environmental Management: Field Guide to North Carolina Wetlands (Report No. 96-01, 1996). Table Al in Appendix A reflects the wetland communities, quality analysis, and acres of impact for each section of the project. The "Acres Impacted" column in Table A 1 reflects permanent fill, excavation, and mechanized clearing in wetlands and are further itemized in the summary sheets in Appendix B. Appendix B also contains the permit drawings for each section. Method III mechanized clearing will be used throughout the project. A general description of each wetland type, as listed in the Field Guide to North Carolina Wetlands, and the dominant vegetation found in each is described below: Headwater Forests - These wetlands are found at the headwaters or adjacent to intermittent streams. The primary source of hydrology is groundwater. Typical vegetation includes box elder (Acer negundo), red maple (Acer rubrum), sweetgum (Liquidambar styraciflua), tulip poplar (Liriodendron tulipifera), sycamore (Platanus occidentalis), winged elm (Ulmus alata), green ash (Fraxinus pennsylvanica), ironwood (Carpinus caroliniana), Chinese privet (Ligustrum sinense), silky dogwood (Cornus amomum), elderberry (Sambucus canadensis), Virginia creeper (Parthenocissus quinquefolia), blackberries (Rubus spp.), poison ivy (Toxicodendron radicans), Japanese honeysuckle (Lonicera japonica), mountain mint (Pychanthemum sp.), greenbrier (Smilax sp.) and microstegium (Microstgium viminea). Bottomland Hardwoods - Only the wetland in the flood plain of Meadow Branch was classified as a bottomland hardwood. The hydrology is derived from a combination of overland flooding and groundwater. Typical vegetation includes black willow (Salix nigra), red maple, sweetgum, green ash, black gum (Nyssa sylvatica), tulip poplar, tag alder (Alnus serrulata), elderberry, silky dogwood, greenbrier, jewelweed (Imaptiens campensis), false-nettle (Boehmeria cylindrica), poison ivy, broad-leaf cattail (Typha latifolia), arrow-leaf tearthumb (Polygonum sagittatum) and rushes (Juncus spp). Pond Fringe - Areas around the edges of ponds that have rooted, persistent vegetation have been classified as pond fringe wetlands. These areas are usually saturated for the entire year. Typical vegetation includes black willow, tag alder, silky dogwood, rushes, and sedges. Ephemeral Wetland - Site 6 on Section B is an old pond that has been breached though seasonally retains water in a small area below the invert of the breach. Its main source of hydrology is groundwater. The dominant vegetation is early successional grasses, sedges, and rushes. The second site, Section C - Site 13A, is within the floodplain of Meadow Branch and retains water for short periods of the year. Young trees, such as sweet gum and tulip poplar, with little herbaceous vegetation, dominate the area. Surface Waters: Table A2 in Appendix A lists the acres of impact and the linear feet of channel loss for each site. The "Acres Impacted" column includes permanent fill in, excavation of, and permanent draining of ponds and totals 3.72 acres. The total channel loss for the project is 6771 linear feet. The station number for each site is listed on the summary sheets in the permit drawings (Appendix B) as is the hectare amount for each jurisdictional stream lost. Threatened And Endanerg ed Species: There-are two-federally endangered species in Union County; Schweinitz's sunflower (Helianthus schweinitzii) and Carolina Heelsplitter (Lasmigona decorata). Areas of potential habitat for Schweinitz's sunflower exist throughout the project corridor. These areas were surveyed by consulting biologist on September 24-26, 1996 and the findings were included in the EA and FONSI. No populations or individuals were identified which lead to determination that the proposed project is not likely to adversely impact the Schweinitz's sunflower. The U.S. Fish and Wildlife service (USFWS) concurred with this finding in a letter dated May 17, 1996 and included in the FONSI. Additional surveys were conducted by NCDOT biologists in October 1999 and also failed to identify any individuals. Since two years have past and there are areas of suitable habitat on the project and known populations in the vicinity, NCDOT biologists will conduct another survey in the fall of 2002 and will provide the results of the survey to the USFWS. Consulting biologist performed surveys for the Carolina Heelsplitter by conducting bank surveys for relic shells in 1996, during which only relic shells of Asiatic clam (Corbicula fluminea) were noted. Therefore, the determination was made that the proposed action is not likely to adversely effect the Carolina heelsplitter, which was concurred with by the USFWS in the May 17, 1996 letter. NCDOT biologists performed additional surveys in Stewarts Creek, Richardson Creek, and Rays Fork at various times from 1999-2000. A few individuals of Elliptio sp. were discovered upstream of the proposed crossing of Stewarts Creek. No relic shells or live individuals were identified in Rays Fork. On June 2, 1999, a shell of Carolina creekshell (Villosa vaughaniana) and two Elliptio sp. shells were discovered at the crossing of Richardson Creek. Richardson Creek also has a known population of Savannah lilliput (Toxolasma pullus), which together with Carolina creekshell are Federal species of concern. Two additional surveys were performed at the proposed crossing where a few more relic shells were discovered, however no live individuals were identified. While good habitat exists in the project area for mussels, the crossing is just downstream of a wastewater outfall for the town of Monroe and a strong chlorine smell is evident at this site. So therefore, it is unlikely that any mussels exist within the immediate project area. Since the concurrence letter from the USFWS in 1996, there has been a significant change in the circumstances surrounding the Carolina heelsplitter. The known range of the Carolina heelsplitter has decreased while the development of land within the subbasins that support the mussel has increased at a much faster rate than predicted. Coupled with this development are proposed infrastructure improvements, specifically to roadways and utilities. As a result of these changes and new information regarding the species, the USFWS has stated that the 1996 concurrence that the proposed action is not likely to adversely effect the Carolina heelsplitter is no longer valid. An informal Section 7 consultation is currently underway with representatives of the USFWS, North Carolina Wildlife Resource Commission (WRC), NCDOT and Union County. It is anticipated that particular measures proposed by the USFWS and WRC to ensure that the proposed action-vial not lead to indirect take of any individuals-of the-species, will be implemented by Union County and NCDOT prior to letting of this project. Cultural Resources: In a letter dated January 24, 1996, State Historic Preservation Office (SHPO) concurred with the findings listed in the EA that the construction corridor contains no properties currently listed on the National Register of Historic Places. After an intensive archaeological survey of the construction corridor that concluded in 1997, the SHPO concurred that no assessed sites were eligible for the National Register of Historic Places. MITIGATION OPTIONS The ACOE has adopted, through the Council on Environmental Quality (CEQ), a wetland mitigation policy that embraces the concept of "no net loss of wetlands" and sequencing. Mitigation of jurisdictional impacts, or sequencing, has been defined by the CEQ to include avoiding impacts, minimizing impacts, and compensating for impacts. Avoidance & Minimization: The NCDOT has employed many avoidance and minimization strategies during the planning phases of the EA and the FONSI, such as reduced medians in wetlands. In addition, as a result of various field reviews (September 14, 1999, March 5, 2000) and in-house meetings (February 21, 2002) with the resource agencies, the following were deemed high quality natural areas and required further consideration for avoidance and/or minimization. R-2259 B Site 2: This wetland was going to be impacted by the mainline as well as a service road to access properties that are being landlocked as a result of the proposed bypass. NCDOT considered a shift of the mainline to avoid the wetlands. However, this would require a major shift to bring both the mainline and service road out of the wetlands. Not only would such a shift increase jurisdictional impacts at the intersection with US 601, but would still leave large portions of land that would be landlocked and require an access. Instead, NCDOT is proposing to leave the mainline on its current alignment, but eliminate the service road and purchase the properties that will no longer have access. In addition, NCDOT is currently investigating ways to utilize these landlocked parcels to create on-site stormwater retention areas. These may includes ecia y designed drainage ditches a provide stormwater attenuation and treatment or posse y creating wetlands that tle same ene i s. nce a esign i tie into the existing wetlan s to prove i complete, the plans will be forwar a tot a agencies. R-2259 C Site 1: The original design called for piping this unnamed tributary (UT) to Rays Fork under the mainline. After further investigations, NCDOT was able to increase the bridge over SR 1751 and avoid any piping of the channel. However, 180 feet (55 meters) of the existing channel will be abandoned and 197 feet (60 meters) of channel created as a result of this design. In addition, 92 feet (28 meters) of channel will be day lighted by removal of the existing SR 1786 road crossing. Finally, the relocation of SR 1758 will fill 131 feet (40 meters) of channel. In summary, the new design creates 279 feet of new channel while filling or abandoning 311 feet of channel for a total impact of 32 linear feet. This reduces impacts by 316 linear feet. Site 2: This intermittent UT to Rays Fork is a high quality surface water. NCDOT examined shifting the mainline to avoid the significant impact to this system in 1999 and again in 2002. In the 1999 assessment, it was believed that a shift to the south would result in impacts to a larger stream. A more detailed examination in 2002 indicated that it would be possible to avoid direct impacts to either stream, but would have indirect impacts on both. In addition, the required alignment shift would impact would have alignment repercussions for almost half of this project. This shift would cause a more skewed crossing and often increased impacts to surface waters, including the crossing of Richardson Creek, Rays Fork, and the UT to Rays Fork detailed above (R-2259 C - Site 1). As stated in the 1999 assessment, any shift to the north would result in an increase the amount of construction required on the -Y- lines in the relocated area because the mainline is in a valley. The northerly shift would force the mainline grade to be higher to reduce earthwork which in turn would extend -Y- line construction to the north. This would impact streams currently outside the construction limits and therefore reduce the overall benefit of the shift. In addition, any shift would require reverse curves that are not desirable for this type of facility. Therefore, NCDOT proposes to leave the design as is. Site 5: Meadow Branch. The floodplain adjacent to Meadow Branch at the mainline crossing is the highest quality wetland on the site and also represents over 1/3 the total wetland impacts resulting from the project. NCDOT has redesigned the bridge such that the o ermanent fill in the wetland will be the bridge bents This initiative will reduce wean impacts by 2.47 acres. In order to construct the bridge, two temporary haul roads will placed in the wetlands as detailed in the permit drawing. The haul roads will be of earthen fill and will be placed on fabric filter. They will cover approximately 0.60 acres and total approximately 5055 cubic yards. They are expected to remain in place for approximately two years. Once the bridge is completed, the area will be restored to its pre-construction elevation. It is expected to revegetate naturally. Site 14: This wetland is currently providing substantial water quality benefits by attenuating and treating the stormwater runoff from the road and business across the street (SR 1754). In order to help preserve these functions on-site, NCDOT is designing a special roadside ditch that will attenuate much of the-runoff from-the road and parking lot before it enters the UT to Salem Branch. T'he details of the special ditch will be transmitted to the agencies upon completion. MITIGATION Compensation - wetlands. The project will impact 4.26 acres of jurisdictional wetlands in the Yadkin River Basin, Cataloging Unit 03040105. All 4.26 acres are riverine wetlands. The NCDOT proposes to provide mitigation via in-lieu payments to the Wetlands Restoration Program (WRP) at a 2:1 ratio in the amount of $204,480.00 ($24,000.00 / acre). A copy of the WRP acceptance letter is included in Appendix C. Compensation - surface waters. The project will impact 6,771 linear feet of jurisdictional streams. These streams are in the Yadkin River Basin, Cataloging Unit 03040105. NCDOT proposes to mitigate for these impacts on-site at a 1:1 ratio and off- site at a 2:1 ratio. The end result, as detailed in Table A2, is 13,712 linear feet of stream that will need to be mitigated for off--site. NCDOT proposes to provide this mitigation via in-lieu payments to the WRP in the amount of $1,714,000.00 ($125.00 / linear foot). A copy of the WRP acceptance letter is included in Appendix C. It is anticipated that these activities will be authorized through a Section 404 Individual Permit. By copy of this application, the NCDOT requests that the NC Division of Water Quality review the proposal for authorization by a 401 Water Quality Certification. If you have any questions or need any additional information, please contact Mr. Michael Wood, of The Catena Group at (919) 732-1300. Sincerely, of X? y? <'eG William D. Gilmore, PE, Manager Project Development & Environmental Analysis cc: Mr. David Franklin, USACE, NCDOT Coordinator Mr. John Dorney, Division of Water Quality Mr. Pete Colwell, Division of Water Quality Ms. Marella Buncick, USFWS Ms. MaryEllen Haggard, NCWRC Mr. John Alford, P.E., Roadway Design Mr. Calvin Leggett, P.E., Program Development Ms. Debbie Barbour, P.E., Design Services Mr. Dave Henderson, P.E., Hydraulics Mr. Timothy V. Rountree, P.E., Structure Design Ms. Susan Cauley, Roadside- Environmental Mr. B. G. Payne, P.E., Division 10 Engineer Mr. Larry Thompson, Division 10 DEO Mr. Michael Wood, LSS, Catena Group TABLE Al. Monroe Bypass (R-2559 B and C) Wetland Communities, Quality Analysis, and Total Impacts Site Cowardin Classification Schafale & Weakley Classification DWQ Rating Acres Impacted Section B IA PFO1C Headwater Forest 23 0.03 113 PFO 1 C Headwater Forest 23 0.02 1 C PFO 1 C Headwater Forest 23 0.06 2 PFO 1 E Headwater Forest 63 0.76 4 PFO1C Headwater Forest 39 0.09 5 PEM1F Pond Fringe 25 0.06 7 PEM2F Ephemeral Wetland 42 0.22 8 PFOI C Headwater Forest 39 1.13 10 PEM 1 F Pond Fringe 15 0.07 11 PFO1C Headwater Forest 43 0.34 12 PFO 1 C Headwater Forest 28 0.24 13 PFO1C Headwater Forest 31 0.37 14 PFO 1 C Headwater Forest 21 0.09 15 PEM1F Pond Fringe 25 0.02 SUBTOTAL 3.51 Section C 3 PFO 1 C Headwater Forest 15 0.10 4 PFOIC Headwater Forest 15 0.14 5 PFOIE Bottomland Hardwood 76 0.00 6 PFO 1 C Headwater Forest 24 0.11. 7 PFO 1 C Headwater Forest 17 0.03 9 PFOIC Headwater Forest 24 0.05 11 PFO 1 C Headwater Forest 19 0.07 13 PFO 1 C Headwater Forest 23 0.02 13A PFO1 C Ephemeral Wetland 20 0.04 14A PFO 1 E Headwater Forest 15 0.04 14B -PFOi C Headwater Forest 46 0.16 SUBTOTAL 0.75 TOTAL 4.26 PFO1C - Palustrine Forested Broad-leaved Deciduous Seasonally Flooded PFOIE - Palustrine Forested Broad-leaved Deciduous Seasonally Flooded / Saturated PEM1E - Palustrine Emergent Persistent Semipermanently Flooded PEM2F - Palustrine Emergent Non-Persistent Semipermanently Flooded YABLE A2. Monroe Bypass (K-2559 B and C) - Stream Impacts Site Water Body Channel Impact (linear feet) Channel Replaced (linear feet) Proposed Mitigation* (linear feet) Acres Impacted Section B 1 UT to Stewarts Creek wS L? 117 0 234 5 Farm Pond 0.05 6 Farm Pond 1.15 7 UT to Stewarts Creek 7 WS,? 553 0 410 8 UT to Stewarts Creek J 588 0 1176 9 Farm Pond 0.64 10 Farm Pond 0.95 11 UT to Richardson Creek W5 133 0 266 0.11 12 l UT to Richardson Creek 303/ 610 0 1220 13 UT to Richardson Creek 343 0 686 15 Farm Pond 0.24 SUBTOTAL 2220 0 4440 3.14 Section C 1 UT to Rays Fork k 311 279 64 2 UT to Rays For 1646 0 3292 4 Spring Branch 1082 0 2164 6 UT to Meadow Branch C 276 0 552 8 9 UT to Negro Head Creek? UT to Negro Head Creek) G 608 465 0 0 1216 930 10 Negro Head Creek •- L 314 0 628 12 Farm Pond 0 0 0 0.58 14 UT to Salem Branch VJS rp 213 0 426 I SUBTOTAL 4915 0 9272 0.58 TOTALS 6771 0 13712 3.72 0 z ` ® E- p z z c ?? po m .' u Cs' U ° z O NI J? Z U-i CI- ~ ? g U a o ° ;Q N ? Ly m \? W W V?1 UN 0 O 0-4 ?nl `A LEGEND ---WLB----- WETLAND BOUNDARY WETLAND `--WLB-' ® DENOTES FILL IN WETLAND DENOTES FILL IN SURFACE WATER ® DENOTES FILL IN SURFACE WATER (POND) ® DENOTES TEMPORARY FILL IN WETLAND ® DENOTES EXCAVATION IN WETLAND DENOTES TEMPORARY ® FILL IN SURFACE WATER » DENOTES MECHANIZED •; •» »" • CLEARING E-- F FLOW DIRECTION TB TOP OF BANK -••-•WE•-••- EDGE OF WATER C-- PROP. LIMIT OF CUT -- F-- PROP. LIMIT OF FILL --?-- PROP. RIGHT OF WAY -- NG--- NATURAL GROUND - - PL - PROPERTY LINE -TDE- TEMP. DRAINAGE EASEMENT - PDE - PERMANENT DRAINAGE EASEMENT -•EAB-- EXIST. ENDANGERED ANIMAL BOUNDARY -•EPB-- EXIST. ENDANGERED PLANT BOUNDARY -.•- 0 ••-••-••- WATER SURFACE XXXXX LIVE STAKES BOULDER COIR FIBER ROLLS O ADJACENT PROPERTY OWNER OR PARCEL NUMBER PROPOSED BRIDGE PROPOSED BOX CULVERT PROPOSED PIPE CULVERT (DASHED LINES DENOTE EXISTNG STRUCTURES) 0 SINGLE TREE WOODS LINE ¦ DRAINAGE INLET ROOTWAD VANE RIP RAP RIP RAP ENERGY DISSIPATOR BASIN N.C. DEPT. 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CL Q !t Q J Q O m _r O N M 7 1[i ID r F fn Z w O N O a Z } M r O Q N rn Z ?~ 'Z ZC7 Z y} F- m U) O d Z 1- Z D O 0 0 0 0? 0 w? a Inc Z n . LL C/) -0 Lj O Z " I W w 0) co cli m O 'D cli LL C E? o M y o 0 0 0 o c o 0 N U a a Z O a LL O O Z Z Q III O Z w 0 ?r O _ N O Z N Of N ? C C ? N ? N F .y C O ? M _ of ? R ? ui N v O co n X O- wU? N N a ? W LL ° L 3 ? ? o ~ W U (n C C U o N e OD N ? rn S -aL 0 0 o c LL C m S S 8 O O O N m O O O O C O O Z V? a H m ? C n N Cl) co U? . C (O Co L O O O S S S t?pp O \/ G1 .C 2- O O C G C G C a 0. a C N N U ? mr ° a X?-- o 0 ? w c p Z Q - N -a W n m t $ Z a ...? N ? (d S Cl) v M N 0I Cl) M N W - t O O O O O W m T ? a? $ $ o 0 0 .n co ? ? N O co ? co ? ? fr N Cc ? fMO E>> J cr O \ + + + T f 0 1 O ? p N N N Q' N ? r N N N + Cl) ? N + N N N Of N N N co N + ? f r LL Ji d R n- ¢ J J J J J J J J J J J J Q Y O cA Z r ro 0) °' ? H w x N Project No. 8.T690401 (R-25596) Property Owner List For Each Wetland Site Site Parcel NAME Address NO. NO. DB and Pg 1 O Ruth 0. Helms (Heirs) Not Available 082E-376 2 O Everette E. Hatley 1622 Secrest Shortcut DB 159 Pg 340 Monroe, NC 28110 O Helms Family Limited Partnership Not Available DB 1341 Pg 384 Joseph W. Barbee, Sr. P Box 1213 O 3 O4 & Selma Funderburk High . . Swansboro NC 28584 DB 469 Pg 190 , Bova Corporation P.O. Box 1609 O DB 452 Pg 683 Monroe, NC 28110 Bova Corporation P.O. Box 1609 4 O DB 452 Pg 683 Monroe, NC 28110 Rickey D. Taylor & Rt 3 Box 903 O Wife Delores T. DB 296 Pg 309 . Monroe, NC 28110 5 Jeffrey Scott Rollins 32613 Morgan Mill Rd. O DB 635 Pg 651 Monroe, NC 28110 Rickey D. Taylor & Rt. 3 Box 903 6 O6 Wife Delores T. Monroe, NC 28110 DB 296 Pg 309 Rodney L. Pierce & 2527 Morgan Mill Rd. 7 O8 Wife Kandy R. Monroe, NC 28110 DB 634 Pg 523 Rodney L. Pierce & 2527 Morgan Mill Rd. O Wife Kandy R. Monroe, NC 28110 DB 634 Pg 523 Phyllis A. Kendall & 1017 Cyrus Edwards 8 O9 Timothy C. Walsh Monroe, NC 28110 DB 715 Pg 473 /0 John R. Baucom 33024 Helms Pond Rd. Monroe, NC 28110 N.C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS UNION COUNTY PROJECT: &T690401 (R-255911) US-74 MONROE BYPASS SHEET V OF?4 4/1/02 Project No. 8.T690401 (R-2559B) Property Owner List For Each Wetland Site Site Parcel NAME Address NO. NO. DB and Pg 9 John R. Baucom 33024 Helms Pond Rd. Monroe, NC 28110 10 Willie D. Baucom 2617 Olive Branch Rd. DB 919 Pg 279 Monroe, NC 28110 Allen & Wife Gladys Bigham Not Available DB 104 Pg 104 11 Hazel B. McCollum, et al. Not Available DB 105 Pg 456 Hazel B. McCollum, et al. Not Available DB 105 Pg 456 12 H.T. & Dwelle J. Stewart 2316 Randolph Rd. & R.H. Morrison Charlotte NC 28207 DB 362 Pg 19 , H.T. & Dwelle J. Stewart 2316 Randolph Rd. 13 & R.H. Morrison DB 362 Pg 19 Charlotte, NC 28207 14 Edwards Timber Co., Inc. P.O. Box 219 DB 607 Pg 680 Marshville, NC 28103 15 O Everette E. Hatley 1622 Secrest Shortcut DB 159 Pg 340 Monroe, NC 28110 N.C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS UNION COUNTY PROJECT. S.T690401 (R-2559B) US-74 MO NROE BYPASS '' SHEET 2? OF?`i 4/1/02 t ?? ,s4sl ?'? ooz ?` ,u3z) ' ti ?1?a 17 , / ?/ V g gpp r C?OVB 7 1 1756 5 !t. 7 51 - ?? ? 1793 .1 , 2 1 49 1749 'T1751 1759\%'I! 751 ?{\ %aa" 11 1 Ric1, ? S t r ( ? nab 7 1002 m8 1 1 l l `? ? h 7 ( L 1753 1753 - ( 175. - - m j 1 ' r IN ?? ND ECT,' ? \ 93 ' 7 J54 A - N. C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS VICINITY UNION COUNTY PROJECT: 8.T690401 (R-2559C) MAPS US 74 FROM WEST OF RICHARDS4 CREEK TO EXISTING US 74 SHEET I OF Z 1 11/19/" 2 SITE 13 SITE MAP I J WS FOW CREEK ?-? II SITE 3 R? - SITE 2 -Yl-MOWTE CIR rsR new SITE I BEGIN PROJECT R -2559C N. C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS UNION COUNTY PROJECT: 8.T690401 (R-25590) US 74 FROM WEST OF RICHARDSO CREEK TO EXISTING US 74 SHEET 2- OF a 1 11/19/ 99 SITE 6 SITE 5 000 SITE 12 - eR? c? ,3- MrM*CKANEY RO (SR 958) n END PROJECT R -2559C E8 Od _ m ? W ? A SITE 9 SITE 8 SITE 10 1 ?p ? m y?p?? J5 R ? ? Hi ? m 4 ec c ? ?? x T ?e y SITE 14 SITE T MATC14LINE SITE MAP I N. C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS Sl TulL:i UNION COUNTY PROJECT: 8.T690401 (R-2559C) Q}? 2 MAP US 74 FROM WEST OF RICHARDSO CREEK TO EXISTING US 74 9 / 99 SHEET 3 OF A 1 11/1 LEGEND --JLB- WETLAND BOUNDARY LIVE STAKES C"'7> WETLAND C2? BOUL DER COIR FIBER ROLLS DENOTES FILL IN WETLAND ® O ADJAC ENT PROPERTY OWNER ® DENOTES FILL IN OR PARCEL NUMBER SURFACE WATER ® DENOTES FILL IN SURFACE WATER PROPOSED BRIDGE (POND) ® DENOTES TEMPORARY PROPOSED BOX CULVERT FILL IN WETLAND DENOTES EXCAVATION ? IN WETLAND ® A PROPOSED PIPE CULVERT DENOTES TEMPORARY (DASHED LINES DENOTE ® FILL IN SURFACE WATER EXISTNG STRUCTURES) • • • • DENOTES MECHANIZED CLEARING SINGLE TREE --- - FLOW DIRECTION WOODS LINE TS TOP OF BANK wE ¦ DRAINAGE INLET --- EDGE OF WATER --- - - PROP. LIMIT OF CUT ROOTWAD - -- - PROP. LIMIT OF FILL - ?- PROP. RIGHT OF WAY VANE - - NG - - NATURAL GROUND - P?- - PROPERTY LINE RIP RAP - TDE - TEMP. DRAINAGE RIP RAP ENERGY EASEMENT DISSIPATOR BASIN -PDE- PERMANENT DRAINAGE EASEMENT -EAB- EXIST. ENDANGERED ANIMAL BOUNDARY -EPB EXIST. PLANT BOUNDARY WATER SURFACE N. C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS UNION COUNTY PROJECT: 8.T690401 (R-25590 74 FROM WEST OF RICHARD CREEK TO EXISTING US 74 SHEET 4 OFAI 11/19/ 75-) u0i O O O ° O 0 0 O 0 O 0 0 0. O O U O , n 0 O O 0 p m L M co M d N Lo O) O) C W U • N O p r CO H V w C Cp Q IL O M U W cc m o Co °o c °o o po C, 0 •- C M y o O O O O CO 1? O Q cc t X L J W U CO O .- e- O O O M M co CO CO r d In 0 In O V 'cr N N c0 t = d O O U LL ? O CO LO r N O co (3) C .. ., L O O O O O O O O O Z O O O O O O O O O it `- O M c N N d CO L N L L O O 0 O 0 O V 0 0 0 0 a? C: ° c a? L i O d Of O y 3: Q N c C G U Q c ? 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I I Ij I I -'I- 09+Z8 'V1S U N E O 61 O 0 z m ti --------- ---- q-z 1 dM SL£ U - i? cmiraoi ae aotNro i3ura?\ ` ` /L??f-/7- > ? an J lo-Z N ~ F- N ? Q .. 2w rzXYZ - Z ??arzxd•zoz a- SM08i3 "Al a O 1 ` \ O O 0 v°? o Eon 1 o z ° ° 5 as a ?? ? U a ? U ? z I , I , %I I I I ?3a1 ? I I ? ? -----?' I ? o z ? z as ?% I i 5 a a a? I I • I I I I/ I I I ? I ( I i ? ? 91 ? I I I I I I I i I I O . O p \ Ro -y3- ? ? ? F e7 AG Z A o II I oz° °•• eE _? o m ,? I W ? ? oW o II II A o a°a ? `? ? °a II 11 U a ? U W II 11 z ° ? II II ? 1 ?I II ,------ 1 \ ' i II ? s II II ? ? ? II II , e I I? ?II - II .\ i I I I III ? ' _„_ \ I 0 ' I III ' I ? 0 o t H 41 ' c z ° ° 00 •,°' c o ww N t z \ ol? A g I -H?: , //' la G7 \ \ 41 t z N\_ i us t r i N 8 \ % t ?r I I ?? t t O \ \t t 0 o P -. a '? ??H ? a o a / O E; ? W / ?- I - i Q N i 5t u - --- P-4 -- a ' O L? oF wArF94G O `C Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality April 17, 2002 Mr. Phil Harris NC Department of Transportation P D and E A Branch 1548 Mail Service Center Raleigh, North Carolina 27699-1548 Subject: Project: US 74 Monroe Bypass TIP #: R-2559 B and C County: Union The purpose of this letter is to notify you that the North Carolina Wetlands Restoration Program (NCWRP) is willing to accept payment for stream and wetland impacts associated with the subject project. Please note that the decision by the NCWRP to accept the mitigation requirements of this project does not assure that this payment will be approved by the U.S. Army Corps of Engineers and the N.C. Division of Water Quality Wetlands/401 Unit. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCWRP for impacts associated with this project is appropriate. This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404 Permit and 401 Certification within this time frame, this acceptance will expire. Based on the information supplied by you, the stream restoration that is necessary to satisfy the compensatory mitigation requirements for this project is summarized in the following table. The maximum amount of mitigation that the NCWRP will accept for this project is also indicated in this table. Stream (linear feet) Wetland (acres) Riparian Buffer (ft2) Impact 7,375 6.75 Mitigation Maximum 14,750 13.50 The stream and wetland mitigation will be provided as specified in the 401 Water Quality Certification and/or Section 404 Permit for impacts associated with the subject project in Cataloging Unit 03040105 of the Yadkin River Basin. The mitigation will be performed in accordance with the Memorandum of Understanding between the N.C. Department of Environment and Natural Resources and the U.S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional information, please contact Crystal Braswell at (919) 733-5208. Sincerely, M w _ Ronald E. Fe ell, Program Manager cc: Rob Ridings, Wetlands/401 Unit Steve Lund, USACOE Rex Gleason, MRO file Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 (919) 733-5208 Customer Service *A 320 West Jones Street Raleigh, NC 27603 Fax: (919) 733-5321 1 800 623-7748 . 0600 Re- Monroe Bypass Subject: Re: Monroe Bypass Date: Fri, 22 Mar 2002 09:53:21 -0500 From: Peter Colwell <Peter.Colwell@ncmail.net> FILE Organization: NC DENR - Mooresville Regional Office To: Michael G Wood <mikegwood@juno.com> CC: marella_buncick@fws.gov, lthompson@dot.state.nc.us, Steven.W.Lund@saw02.usace.army.mil, Cynthia Van Der Wiele <cynthia.vanderwiele@ncmail.net>, John Dorney <john.dorney@ncmail.net> I just spoke with Mr. Scott Anderson, 521 Deese Road in Monroe about his concerns with the section of Monroe Bypass that crosses the wetland near Deese Road. Mr. Anderson owns the 7 acre lake immediately below the wetland. He has some valid concerns about the potentail impacts to his lake from the highway construction and long term stormwater runoff. The wetland is is high quality, providing pollutant removal from adjacent agricultural lands, water storage, and good aquatic life habitat (salamander larvae were observed in the wetland). The wetland was rated a 63 in the DWQ rating system. The MRO strongly recommends that the impacts to the wetland be avoided or minimized as much as possible and that all practicable BMP measures be used during construction to prevent sediment and turbidity problems in the remaining wetland and lake downstream. The MRO also recommends that permanent catch basins be provided to protect the wetlands and lake from highway spills and to treat stormwater coming from the highway. > S Pete Colwell - Peter. %TITLE% North Carolina Dept. Div. of Water Quality 919 N. Main St. Mooresville, NC 28115 Ph: 704.663.1699 Colwell@ncmail.net of Environment & Natural Resources Fax: 704.663.6040 Pete Colwell <Peter.Colwell@ncmail.net> j %TITLE% NC DENR - Mooresville Div. of Water Quality } 1 of 2 5/9/02 5:06 PIv Z O 0 m z c 3 mm o N O m N N o v D o ? N m oc n za 1 n 'q o z O n m O ? c o z -I o CO) n c '- m m ? O N C z O ? O G v N Z O N O w Ul z n v m M n 3z m? zM -? z 0m -n -i m Zc zZ ?z '9 0 O 4 v N 0 N i N O O N