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STATE OF NORTH CAROLINA
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DEPARTMENT OF TRANSPORTATION ~~~pN~"
MICHAEL F. EASLEY DIVISION OF HIGHWAYS W. LYNDO TIPPETT
GOVERNOR SECRETARY
January 30, 2007
North Carolina Division of Water Quality 7
401 Wetlands Certification Unit 4
2321 Crabtree Boulevard ~
Raleigh, NC 27604-2260
Subject: NC Moving Ahead Project No. MA10136R (Section B), Union County.
WBS Element No. 37856 (DWQ Minor Permit Fee $200.00).
Dear Sir or Madam:
The North Carolina Department of Transportation (NCDOT) proposes to widen and resurface SR
1007 (Rocky River Road) from SR 1009 (Old Charlotte Highway) to SR 1162 (Goldmine Road)
as part of the North Carolina Moving Ahead program. The total project length is 1.34 miles.
The subject project has been reviewed for the presence of listed threatened and endangered
species (Union County Species: Lasmigona decorata, Rhus michauxii, Helianthus schweinitzii).
It has been determined that the construction of this project will have no effect on any of the listed
plant or animal species.
This project cannot be completed without impacts to waters of the United States. The project is
located within the Yadkin River Basin (Hydrologic Unit # 03040105), affecting the drainage of
Dry Fork Creek and unnamed tributaries of Bearskin Creek. There will be approximately 44
linear feet of permanent impacts to the existing stream channels as a result of the proposed
construction.
Wetland Impacts
There are no wetland impacts that will result from the construction of this project.
Stream Im acts
There will be a total of five stream impacts. Table 1 includes information related to site number,
stream name, existing pipe length (ft), existing pipe width (in), proposed replacement or extended
pipe length (ft) and width (in).
•i
'•
716 West Main Street, Albemarle, NC 28001 • (704) 982-0101 • Fax (704) 982-3146
Table 1. Impacts to Streams dae to the construction of MA101361t
Site Existing Existing Proposed Proposed
No. Stream Name Length Width Length Width
feet inches feet inches
Sta. UT to Bearskin Creek 34' 18" 34' 18"
10+50
Sta. UT to Bearskin Creek 32' 24" 40' 24"
15+40
Sta. UT to Bearskin Creek 32' 18" 36' 18"
22+10
Sta. UT to Bearskin Creek 30' 18" 38' 18"
39+00
Sta. Dry Fork Creek 40' 72" 65' 91 z 107"
66+70
Note: "UT" refers to unnamed tributary.
All wetlands or surface waters not affected by the project will be protected from unnecessary
encroachment. No staging of construction equipment or storage of construction supplies will be
allowed in or near wetlands or surface waters.
Sediment and erosion control Best Management Practices for the protection of wetlands and
surface waters will be enforced during project construction. Continued coordination will occur
between maintenance forces and the Division Environmental Supervisor during construction in an
effort to minimise impacts to jurisdictional sites.
The NCDOT believes that this project can be authorized under a Section 404 Nationwide Permit
14. The purpose of this letter is to request authorization to construct the proposed project under
a Section 401 Water Quality Certificate (WQC) No. GC3404. We have enclosed seven copies of
the pre-construction notification package for dissemination and review.
If you have any questions or need any additional information concerning this project, please feel
free to contact Mr. Larry Thompson, Division Environmental Supervisor, at (704) 982-0101.
Sincerely,
~S `~c~.
/GT
Barry .Moose, PE
Division Engineer
BSM/LBT
cc: Polly Lespinesse, NCDWQ
Mazella Buncick, USFWS
Marla. Chambers, NCWRC
Larry Thompson, DES
Area Field Operations Unit
SR 1007 (Rocky River Road)
Union County
Office Use Only: Form Version March OS
USACE Action ID No. DWQ No. 2 ~ ~ 7 ~ 2 2 3
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
®401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification is
not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for
mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and
check here: ^
5. If your project is located in any of North Carolina.'s twenty coastal counties (listed on page 4),
and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information
1. Owner/Applicant Information
Name: N. C. Department of Transportation
Mailing Address: 716 West Main Street
Albemarle NC 28001
Telephone Number: (704) 982-0101 Fax Number:~704) 982-3146
E-mail Address:
2.
Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must
be attached if the Agent has signatory authority for the owner/applicant.)
Name: Barry S. Moose PE
Company Affiliation: Division Engineer
Mailing Address: 10~' Highway Division
716 W. Main Street
Albemarle NC 28001
Telephone Number: (704) 982-0101 Fax Number:~704~ 982-3146
E-mail Address: bmoosena dot state nc us
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SR 1007 (Rocky River Road)
Union County
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1.Name of project: SR 1007 Rock~lZiver Road -from Goldmine Road to Old Charlotte
Highway,)
2.T.I.P. Project Number or State Project Number (NCDOT Only): MA10136R (Section B)
3.Property Identification Number (Tax PIl~: N/A
4.Location
County: Union County Nearest Town: Monroe
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): From Monroe, take NC
84 (Weddington Road) west, turn right onto SR 1007 (Rocky River Road~ject be ins at
the intersection of SR 1007 and SR 1162 (Goldmine Road). Project ends at the intersection
of SR 1009 (Old Charlotte Highway).
S.Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately
lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 035° 1' 0.54" N / 80° 36' 22.58" W
6.Property size (acres):
7.Name of nearest receiving body of water: Bearskin and Dry Fork Creeks
8.River Basin: Yadkin~Hydrologic Unit 03040105)
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9.Describe the existing conditions on the site and general land use in the vicinity of the project at
the time of this application: Rocky River Road is a secondary road with above normal traffic
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SR 1007 (Rocky River Road)
Union County
volume There aze numerous businesses located along the project corridor and most of the
project area has been affected by urban development _
10. Describe the overall project in detail, including the type of equipment to be used: The scone
of this project is to widen Rocky River Road from Goldmine Road to Old Charlotte Highway
three feet and overlaXthe project area with new asphalt (existing roadway width is 21 feet
- will widen to 24 feet) The following equipment will be utilized: Trackhoe, vibrator roller,
dump truck and various other hand tools Erosion and sediment control devices will be
installed according
11. Explain the purpose of the proposed work: The purpose of the proposed work is to improve
the safety and service of SR 1007 between Goldmine Road and Old Chazlotte Highwa~_
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. N/A
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
N/A
Vi. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and cleazly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
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SR 1007 (Rocky River Road)
Union County
Provide a written description of the proposed impacts:
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For
dams, separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)
Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property:
4. Individually list all intermittent and perennial stream impacts. Be sure to identify
temporary impacts. Stream impacts include, but are not limited to placement of fill or
culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement
walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream
relocation is proposed, plans and profiles showing the linear footprint for both the
original and relocated streams must be included. To calculate acreage, multiply length X
width, then divide by 43,560.
Stream Impact Average Stream Impact Area of
Number Stream
Type of Impact Perennial or Width Before
Length
Impact
(indicate on Name Intermittent? Impact (linear feet) (acres)
ma
10+50 UT
Bearskin Extend 18 inch RCP
by 4 Feet
Intermittent
Approx. 1 Foot
4 Feet
.00009 ac.
Creek
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SR 1007 (Rocky River Road)
Union County
15+40 UT to
Bearskin Extend 24 inch RCP
Perennial
Approx. 1.5 Feet
8 Feet
.0002 ac.
Creek by 8 feet
22+10 UT to
Bearskin Extend 18 inch RCP
Intermittent
Approx. 1 Foot
4 Feet
.00009 ac.
Creek by 4 Feet
39+00 UT to
Bearskin Extend 24 inch RCP
Intermittent
Approx. 1.5 Feet
8 Feet
.0002 ac.
Creek by 8 Feet
Replace 40 Foot of
66+70 Dry Fork 72 inch CMP with perennial Approx. 5 Feet 20 Feet .002 ac.
Creek 60 Feet of 91 x 107
inch CMPA
Total Stream Impact (by length and acreage) 44 Feet .0026 ac
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds,
Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not
limited to fill, excavation, dred~in~, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
indicate on ma Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Area of
Impact
acres
Total Open Water Impact (acres)
6. List the cumulative im act to all Waters of the U.S. resultin from the roject:
Stream Impact (acres): .0026
Wetland Im act acres : NA
Open Water Im act (acres): NA
Total Im act to Waters of the U.S. (acres) .0026
Total Stream Im act (linear feet): 44 ft
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes X No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
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SR 1007 (Rocky River Road)
Union County
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
fmancial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
This project was identified as a safet~provement proiect due to the high traffic volumes on SR
1007 between Goldmine Road and Old Charlotte Highway. The roadway widening will be
limited to three feet while any needed shoulder work will be held to a 2:1 shoulder slopes.
Surface waters not affected bYthe construction of this project will be protected from
unnecessary encroachment The staaina of construction equipment will not be allowed in or near
the jurisdictional areas Strict enforcement of the sediment and BMP's for the protection
of wetlands and surface waters will be enforced during all phases of project construction.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment aze minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
6 of 9
SR 1007 (Rocky River Road)
Union County
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o. enr.state.nc.us/ncwetlands/strmgide. html.
1. Provide a brief description of the proposed mitigation plan. The description should provide as
much information as possible, including, but not limited to: site location (attach directions and/or
map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of
mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description
of the current site conditions and proposed method of construction. Please attach a separate
sheet if more space is needed.
Any requests for mitigation on this project will be forwarded to the NC Ecosystem
Enhancement Program for consideration
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919)
715-0476 to determine availability, and written approval from the NCEEP indicating that they
are will to accept payment for the mitigation must be attached to this form. For additional
information regarding the application process for the NCEEP, check the NCEEP website at
http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the
appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (squaze feet):
Amount of Riparian wetland mitigation requested (acres):
Amount ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
• Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federaUstate/local) funds or the use of
public (federaUstate) land? Yes X No ^
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
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SR 1007 (Rocky River Road)
Union County
IX.
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ^ No X
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No X
Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No ^
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* I Impact I Multi lier I Required
3 (2 for Catawba)
1.5
Total
* Zone 1 extends out 30 feet perpendici
additional 20 feet from the edge of Zone 1.
from the top of the near bank of
Zone 2 extends an
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. N/A
X. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
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SR 1007 (Rocky River Road)
Union County
demonstrating total proposed impervious level. The existing_roadway121 feet in width will
widened by three feet increasin tg he impervious area by 49 acre. _
XI. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
N/A
• Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No ^
Is this anafter-the-fact permit application? Yes ^ No ^
XII. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No ^
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
XIII. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
~S
D/-.~v- a7
Applican /Agent's Signature Date
(Agent's signat a is valid only if an authorization letter from the applicant is provided.)
9of9
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Name: BAKERS Location: 035° 01' 03.93" N 080° 36' 23.30" W
Date: 1/31/2007 Caption: MA10136R (Section B)
Scale: 1 inch equals 1000 feet SR 1007 (Rocky River Road)
Union County
Union County
i
Feet
0 850 1,700 3,400 5,100 6,800
Legend
~ permit site
F _ _~;\
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Prepared by:
North Carolina
Department otTransportation
L_ B. Thompson
Environmental Unit, Division 10
Date: Jaoaary 31, 2007
This map is intended for internal WT use only.
For all other uses, no warranties of any sort,
including acearacy, fitness, or merchantability
accompany this product.
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