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HomeMy WebLinkAbout20060502 Ver 1_COMPLETE FILE_200603240` wArF9Q G 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 May 2, 2006 DWQ# 06-0502 Mecklenburg County Mr. David A. Jarrett, P.E. Town of Huntersville P.O. Box 664 Huntersville, NC 28070 Subject: Verhoeff Drive Relocation Project, Huntersville APPROVAL of 401 Water Quality Certifications with Additional Conditions Dear Mr. Jarrett: You have our approval, in accordance with the attached conditions and those listed below, to impact 94 linear feet of unnamed tributary to Torrence Creek in order to extend a culvert at the proposed intersection of Verhoeff Drive and US Highway 21 in Mecklenburg County, as described in your application received by the Division of Water Quality (DWQ) on March 24, 2006. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3404, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. This General Certification allows you to use Nationwide Permit Number 14 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. The above noted Certification will expire when the associated 404 permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing, and you may be required to send us a new application for a new certification. If the property is.sold, the new owner must be given a copy of the Certification and approval letter; and is thereby responsible for complying with all conditions. In addition to the requirements of the certification, you must also comply with the following conditions: 1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas has commenced. 2. The base flow stream channel shall be maintained (reconstructed) immediately above and below the proposed stream crossings. This may be accomplished through the construction of flood plain benches or similar measures. None Carolina ?turally Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: www.ncwaterquality.org 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper 3. All wetlands, streams, surface waters, and riparian buffers located on the project site where impacts are not allowed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities. 4. The planting of native vegetation and other soft streambank stabilization techniques must be used where practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be placed in the stream bed, unless approved by the DWQ. 5. No waste, spoils, solids, or fill of any kind shall be placed in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Preconstruction Notification application. All construction activities associated with this project shall meet, and/or exceed, those requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual and shall be conducted so that no violations of state water quality standards, statutes, or rules occur. 6. 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 within two months of the date the Division of Land Resources has released the project. 7. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of Completion" form to the 401M/etlands Unit of the NC Division of Water Quality. Please send photographs of the upstream and downstream sides of each culvert site to document correct installation, along with the Certificate of Completion form. 8. Continuing Compliance. The applicant (Town of Huntersville) shall conduct all activities in a manner so as not to contravene any state water quality standard (including any requirements for compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law. If DWQ determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that state or federal law is being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the certification, DWQ shall notify the applicant and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to the applicant in writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. 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 letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr. Barry Love in the Mooresville Regional Office at 704-663-1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721. Sincerely, for Alan W. Klimek, P.E. Attachments cc: Army Corps of Engineers, Asheville Ian Mc Millan, Wetlands Unit Central Files Michael A. lagnocco - Ralph Whitehead Associates eOFWAT,?,, pG cj r o ? 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 May 2, 2006 DWQ# 06-0502 Mecklenburg County Mr. David A. Jarrett, P.E. Town of Huntersville P.O. Box 664 Huntersville, NC 28070 Subject: Verhoeff Drive Relocation Project, Huntersville APPROVAL of 401 Water Quality Certifications with Additional Conditions Dear Mr. Jarrett: You have our approval, in accordance with the attached conditions and those listed below, to impact 94 linear feet of unnamed tributary to Torrence Creek in order to extend a culvert at the proposed intersection of Verhoeff Drive and US Highway 21 in Mecklenburg County, as described in your application received by the Division of Water Quality (DWQ) on March 24, 2006. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3404, which can be viewed on our web site at http.Hh2o.enr.state.nc.us/ncwetlands. This General Certification allows you to use Nationwide Permit Number 14 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. The above noted Certification will expire when the associated 404 permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing, and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter; and is thereby responsible for complying with all conditions. In addition to the requirements of the certification, you must also comply with the following conditions: 1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas has commenced. 2. The base flow stream channel shall be maintained (reconstructed) immediately above and below the proposed stream crossings. This may be accomplished through the construction of flood plain benches or similar measures. NOne Carolina Naturally Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: www.ncwate[qualiiy.org 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper 3. All wetlands, streams, surface waters, and riparian buffers located on the project site where impacts are not allowed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities. 4. The planting of native vegetation and other soft streambank stabilization techniques must be used where practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be placed in the stream bed, unless approved by the DWQ. 5. No waste, spoils, solids, or fill of any kind shall be placed in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Preconstruction Notification application. All construction activities associated with this project shall meet, and/or exceed, those requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual and shall be conducted so that no violations of state water quality standards, statutes, or rules occur. 6. 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 within two months of the date the Division of Land Resources has released the project. 7. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of Completion" form to the 401/Wetlands Unit of the NC Division of Water Quality. Please send photographs of the upstream and downstream sides of each culvert site to document correct installation, along with the Certificate of Completion form. 8. Continuing Compliance. The applicant (Town of Huntersville) shall conduct all activities in a manner so as not to contravene any state water quality standard (including any requirements for compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law. If DWQ determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that state or federal law is being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the certification, DWQ shall notify the applicant and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to the applicant in writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. 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 letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr. Barry Love in the Mooresville Regional Office at 704-663-1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721. Sincerely, forAlan W. Klimek, P.E. Attachments cc: Army Corps of Engineers, Asheville Ian Mc Milian, Wetlands Unit Central Files Michael A. lagnocco - Ralph Whitehead Associates Triage Check List Date: 3/28/06 To: Project Name: Verhoeff Drive Relocation Project DWQ#: 06-0502 County: Mecklenburg Alan Johnson, Mooresville Regional Office 60-day Processing Time: 3/24/06 - 5/22/06 From: Cyndi Karoly Telephone : (919) 733-9721 The file attached is being forwarded to you for your evaluation. Please call if you need assistance. ? Stream length impacted ? Stream determination Wetland determination and distance to blue-line surface waters on USFW topo maps ? Minimization/avoidance issues ? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy ? Is the application consistent with pre-application meetings? ? Cumulative impact concern 17 1-1 Comments: As per our discussion regarding revision of the triage and delegation processes, please review the attached file. Note that you are the first reviewer, so this file will need to be reviewed for administrative as well as technical details. If you elect to place this project on hold, please ask the applicant to provide your requested information to both the Central Office in Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim procedure as we slowly transition to electronic applications. Please apprise me of any complications you encounter, whether related to workload, processing times, or lack of a "second reviewer" as the triage process in Central had previously provided. Also, if you think of ways to improve this process, especially so that we can plan for the electronic applications, let me know. Thanks! 1W ' Website: www.rwhitehead.com 1000 W. Morehead Street ' Suite 200 Charlotte, NC 28208 Mailing Address: Post Office Box 35624 ' Charlotte, NC 28235 704 372-1885 Voice 704 372-3393 Fax RALPH WHITEHEAD ASSOCIATES, INC. Consulting Engineers Charlotte Atlanta Jacksonville Richmond Rock Hill Charleston Kansas City Raleigh March 14, 2006 Via FEDERAL EXPRESS U.S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Attention: Ms. Amanda Jones 2() 060502 r? MAR 2, 4 7006 Subject: Pre-Construction Notification Pursuant to Nationwide Permit No. 14 Town of Huntersville Verhoeff Drive Relocation Project Mecklenburg County, NC RWA Project No. 3252 Dear Ms. Jones: On behalf of the Town of Huntersville, Ralph Whitehead Associates, Inc. - (RWA) is submitting a Pre-Construction Notification (PCN) application form in accordance with General Condition No. 13 and pursuant to U.S. Army Corps of Engineers (USAGE) Section 404 Nationwide Permit (NWP) Number 14 (Federal Register Vol. 67, No. 10; January 15, 2002). The Town of Huntersville has contracted RWA to be the acting agent and perform wetland permitting services for this project. An Agent Certification of Authorization Form is included in Attachment B. Accompanying figures related to this permit request are included in Attachment C. The project area is approximately 13 acres and is located between US 21 and NC 115 within the Town of Huntersville in northern Mecklenburg County, North Carolina (Attachment C - Figure 1). The project involves the realignment and widening of the existing Verhoeff Drive to accommodate existing development in the corridor. In addition, US 21 is proposed to be widened to accommodate turn lanes at the realigned intersection with Verhoeff Drive. Proposed plans will result in impacts to approximately 94 linear feet (If) of a jurisdictional, aquatically important intermittent stream (Stream 1). Project impacts do not exceed the NWP No. 14 PCN regional threshold of 150 If, however since copies of this PCN have been forwarded to the N.C. Division of Water Quality (DWQ) for processing, a copy has hereby been provided to the USACE. Ms. Amanda Jones March 14, 2006 Page t Background Based on review of the Mecklenburg County Property Ownership Land Records Information System (POLARIS) and field reviews, the project corridor consists mostly of utility right-of-way (R/W),'.maintained roadside, industrial and commercial development, and woodlands. The majority of the Verhoeff Drive corridor between US 21 and NC 115. is currently developed. Surrounding land use is mostly undeveloped woodland and commercial and residential development. Jurisdictional waters of the U.S. in the project corridor, as described below, include one unnamed tributary to Torrence. Creek (Stream 1). The project necessitates pipe extension and stream fill at the proposed relocated Verhoeff Drive and US 21 intersection. Grading and fill associated with the construction of the relocated Verhoeff Drive and the widening of US 21 to accommodate turn lanes at the intersection will result in unavoidable impacts to Stream 1 upstream and downstream of the existing US 21 stream crossing. No other impacts to waters of the U.S., including wetlands, are proposed. Methods On November 2, 2005, RWA Environmental Scientists Steven Busbee, P.W.S., and Alexis Baker field reviewed the subject site for potential jurisdictional waters of the U.S. Jurisdictional waters are defined by 33 CFR 328.3(a) and protected by Section 404 of the Clean Water Act (33 U.S.C. 1344). Potential jurisdictional areas on the subject property were delineated using the U.S. Army Corps of Engineers (USACE) Routine On- Site Determination Method as defined in the 1987 Corps of Engineers Wetland Delineation Manual'. Potential jurisdictional stream channels were assessed according to recent North Carolina Division of Water Quality (DWQ)2 and USACE guidance. These assessments included sampling with a D-shaped dip net, taking photographs, and defining breakpoints (a point at which a channel changes classification) within each on- site stream channel. Jurisdictional boundaries were surveyed in the field using a Trimble handheld GPS unit capable of sub-meter accuracy. Jurisdictional Waters of the U.S. Jurisdictional waters of the U.S. located within the project corridor were delineated by RWA Environmental Scientists Steven Busbee, P.W.S. and Alexis Baker. Stream assessments were conducted utilizing the USACE Wilmington District Stream Quality Assessment Worksheet and the DWQ Stream Identification Form. Jurisdictional waters of the U.S. located within the project corridor include one unnamed tributary to Torrence Creek (Stream 1). Reference Attachment C - Figure 4 for the location of Stream 1. A Request for Jurisdictional Determination was forwarded to the USACE on February 1, 2006 (Reference Attachment D). Response from the USACE is pending. Copies of the stream assessment forms are included in Attachment E. 1 Environmental Laboratory; 1987, "Corps of Engineers Wetlands Delineation Manual, " Technical Report Y-87-1, US Army Engineer Waterways Experiment Station, Vicksburg, Mississippi. s North Carolina Division of Water Quality, Identification Methods for the Origins of Intermittent and Perennial Streams. Version 3.1. 1999. Ms. Amanda Jones March 14, 2006 Page 3 Stream 1 is not depicted on the USGS Cornelius. NC topographic map (Figure 2) or the ' soil survey map (Figure 3). The stream has channel bottom widths of 2 to 5 feet and bank heights of 1 to 6 feet. The stream exhibited a well-defined bed and bank, weak to no flow, strong sinuosity, and substrate consisting of sand and silt to small cobble. ' Macroinvertebrates collected during dip net sampling included chironomids. Many tadpoles were also observed in the portions of Stream 1 containing standing water. Stream 1 was concluded to be a jurisdictional, aquatically important, intermittent stream. h 1 P ' s hotograp Representative photographs of Stream 1 are included in Attachment G - and '2. The habitat adjacent to Stream 1 consisted of upland Mixed Pine/Hardwood Forest. A Routine Wetland Determination Data Form representing on-site upland areas ' is included in Attachment F. Purpose and Need V h ff f t f er oe y rom e The purpose of the project is to enhance traffic movements and sa Drive to US 21, support work traffic, and accommodate existing development in the corridor. Verhoeff Drive is an important east-west connector between US 21 and NC 115. A primary goal of the project will be to eliminate the 90-degree curve in Verhoeff Drive located immediately east of US 21 (Figure 4). A straightened, relocated portion of Verhoeff Drive, encompassing approximately 600 feet, will replace the curve. Pedestrian safety will also be improved through the construction of sidewalks and bike lanes. Construction of the proposed realignment and widening of Verhoeff Drive, and the widening of US 21 to accommodate turning lanes at the intersection, will result in ' impacts to waters of the U.S. as described below. Impacts to Waters of the U.S. ' The proposed project consists of the realignment and widening of the existing Verhoeff Drive from NC 115 to US 21 in the Town of Huntersville, NC. In addition, US 21 would ' be widened in order to accommodate turn lanes at the realigned Verhoeff Drive intersection. The areas of impacts are east and west of the existing US 21 Stream 1 crossing, approximately 600 feet south of the existing Verhoeff Drive and US 21 intersection. Proposed plans call for the extension of an existing pipe beneath US 21 ' and placement of fill (riprap) within the bed of the channel. The project would result in permanent impacts to 94 If (0.011 acre) of jurisdictional, important intermittent stream (Stream 1). Proposed impacts are summarized in Table 1 below. Reference ' Attachment C - Figures 5 through 7 for site plans showing the location and extent of stream impacts. ' Activities on the project site involving impacts to waters of the U.S. will be required to follow the General Conditions of the Nationwide Permits (Federal Register Vol. 67, No. 10; January 15, 2002), applicable Wilmington District Regional Conditions, and r applicable State consistency conditions. Ms. Amanda Jones ' March 14, 2006 Page 4 fl n Table 1. Summary of Estimated Impacts Jurisdictional Type of Permanent Approximate Length of Area Jurisdictional Area Impact (Y/N) Area of Impact Impact acre Stream 1 Important Y' 0.011 94 Intermittent Stream Permanent Impact Totals: 0.011 94 Avoidance and Minimization Due to the nature of the project, avoiding impacts to Stream 1 while achieving the goal of the project is not possible. There is no practicable alternative that would achieve the project purpose of providing enhanced traffic movements and improved access and overall safety in a manner that would avoid or result in less adverse impact to surface waters. Best management practices (BMPs) and appropriate erosion and sedimentation controls will also be installed and maintained during construction activities to allow for the least adverse effect on aquatic life, habitat, and water quality. The installation and size of pipes (48" RCP) proposed within the impacted stream channel are designed to provide adequate passage of water and support aquatic life. In an effort to minimize impacts, a guardrail has been proposed west of US 21 in conjunction with steepening fill slopes to 2:1 (Attachment C - Figure 7). This has eliminated the potential need to extend the.existing culvert on the west side of US 21. Compensatory Mitigation As described, efforts have been made to avoid and minimize impacts to waters of the U.S. to the maximum extent practicable. Due to the existing "culverted" and urbanized conditions (mowed/grassed banks and alteration of the channel upstream and downstream of existing crossing) of Stream 1, the Town of Huntersville is not proposing compensatory mitigation for the, de minimus loss of approximately 94 If (0.011 acre) of total stream channel. The possible sedimentation of Stream 1 downstream of the construction area during and immediately following the construction phase will be minimized to the maximum extent practicable by strict implementation of, and compliance with, a State-approved sediment and erosion control plan. Erosion and sediment control measures will be inspected for compliance with construction contract documents, as well as following storm events, to identify needed repair, maintenance, or redesign. Cultural Resources A review of Charlotte-Mecklenburg Historic Landmarks Commission database revealed no cultural resources within the project area. Considering the limited impacts to waters of the U.S. as a result of this project, the likelihood of cultural resources being present in the proposed permit area is considered remote. 0 u i 1 J, Ms. Amanda Jones March 14, 2006 Page 5 Protected Species RWA conducted a protected species habitat assessment and review of the project area on November 2, 2005. Prior to the field site visit, RWA reviewed the U.S. Fish and Wildlife Service (USFWS) and North Carolina Natural Heritage Program (NCNHP) databases, which provided existing data concerning the potential occurrence of federally and state threatened and endangered species in Mecklenburg County. These databases indicate that there are six federal and state threatened or endangered species that may occur in Mecklenburg County as described below. One of these species, Georgia aster (Symphyotrichum georgianum) is listed federally as a candidate species and is included in the discussion. Georgia aster (Symphyotdchum georgianum) - State Threatened, Federal Candidate - The Georgia aster is a perennial plant that is typically found in well-drained sunny locations. This plant prefers open woods and roadside or utility rights-of-way, where periodic maintenance preserves an open canopy. Additionally, this plant is often found in Piedmont prairie habitat, growing with other associates of that rare community, including smooth coneflower (Echinacea laevigata) and Schweinitz's sunflower (Helianthus schweinitzii). Flowering. occurs from early October to mid-November. Schweinitz's sunflower (Helianthus schweinitzii) - State Endangered, Federal Endangered - Schweinitz's sunflower is a perennial herb.limited to the Piedmont of North and South,Carolina. The typical habitat for this plant includes roadsides, old pastures, transmission line rights-of-way, open areas, and edges of upland woods. Periodically maintained R/Ws are typically considered good potential habitat for the Schweinitz's sunflower. Major characteristics of soils associated with suitable Schweinitz's sunflower habitat include thin soils, soils on upland interstream flats or gentle'slopes, those which are clayey in texture (and often with substantial rock fragments), those which have a. high shrink-swell capacity, and those which vary over the course of the year from very wet to very dry. Flowering occurs from August to the first frost of the year. Bald eagle (Haliaeetus leucocephalus) - State Threatened, Federal Threatened - This bird, which is federally proposed for de-listing, nests in,mature live pine or cypress trees in the transition zone between mature forests and large bodies of water. Nests are very large, up to six feet in width, and constructed of large sticks and soft materials such as dead vegetation, grasses, and pine needles (USFWS, 1992). Nesting trees are usually less than two miles from open water. Winter roosts are usually in mature trees, similar to nesting trees, but may be somewhat farther from water. Female bald eagles are approximately 35 to 37 inches long while the male bald eagles are approximately 30 to 34 inches. Adults tend to have a blackish-brown back and breast with a white head, neck, and tail and a yellow bill. Juveniles tend to be brown and white with a black bill. Carolina heelsplitter (Lasmigona decorata) - State Endangered, Federal Endangered - The Carolina heelsplitter has an ovate, trapezoid shaped shell. The surface of this species is yellowish, greenish, or brownish with greenish, blackish rays. The inner shell ranges from iridescent to mottled pale orange. The average size of the Carolina heelsplitter is 78 mm (South Carolina Wildlife Grant Program, 2004). The Carolina heelsplitter is found in small tolarge streams and rivers as well as ponds over a variety of substrates usually near stable, well-shaded stream banks. Most individuals are found Ms. Amanda Jones ' March 14, 2006 Page 6 in undercuts and along shaded banks stabilized with extensive tree roots, buried logs, or ' rocks. The Carolina heelsplitter requires waterways with well-oxygenated clean water. This mollusk is listed as an historical occurrence in Mecklenburg County. Six populations of this mussel are presently known to exist, two of which occur within North Carolina. One small remnant population occurs in the Catawba River system in Waxhaw Creek in Union County, and another small population occurs in a short stretch of Goose Creek, a tributary to the Rocky River in the Pee Dee River system, also in ' Union County. Smooth coneflower (Echinacea laeviaata) - State Endangered, Federal Endangered - The smooth coneflower grows up to 1.5 meters tall and contains large (approximately 20 cm in length and 7.5 cm in width) basal leaves. The stem of the plant is smooth with few leaves. The flower consists of rays that are light pink to purplish, usually drooping and are 5 to 8 cm long (USFWS, 2005). This perennial plant generally occurs in basic to circumneutral soils of meadows and woodlands. The plant, which typically blooms in June, has been found growing in habitats that include upland oak-hickory or mixed oak- pine forests, old field habitat, transmission line R/Ws, and roadsides. Smooth coneflower is an associate of the Piedmont prairie community type, often found growing with populations of Schweinitz's sunflower. This plant is listed as a current record for Mecklenburg County, and there is one documented population located approximately 12 miles northwest of Charlotte. Michaux's sumac (Rhus michauxii) - State Endangered, Federal Endangered - Michaux's sumac is a rhizomatous, densely hairy shrub, with erect stems from 1 to 3 feet in height. The compound leaves contain evenly serrated, oblong to lanceolate, acuminate leaflets. Most plants are unisexual; however, more recent observations have revealed plants with both male and female flowers on one plant. The flowers are small, borne in a terminal, erect, dense cluster, and colored greenish yellow to white. Flowering usually occurs from June to July; the fruit, a red drupe, is produced through the months of August to October. Michaux's sumac grows in sandy or rocky open woods in association with basic soils. This plant reportedly survives best in areas where some form of disturbance has provided an open area. This plant is restricted to seven counties in North Carolina, but appears to have been extirpated from Mecklenburg County The plant is listed as a historic record and has not been documented in . Mecklenburg County within the last 20 years. However, in November 2001, a total of 29 female plants were transplanted from Wake County, NC to Latta Plantation Prairie (20 ' plants) and to Shuffletown Prairie (9 plants). The list of protected species was reviewed, and evaluations were performed regarding the likelihood of the presence of each species within the project corridor. The majority of the study area consists of woodlands, commercial and industrial development, and maintained utility R/W. No potential habitat for the bald eagle or. Carolina heelsplitter ' exists within the project corridor. Potential habitat for the Schweinitz's sunflower, smooth coneflower, and Georgia aster does existwithin the maintained utility R/Ws and the woodland/field edges, located within the project corridor. No individuals of any of the six aforementioned species were observed during the November 2, 2005 field visit. The ' potential for Michaux's sumac within the project corridor is considered remote due to the lack of preferred habitat and occurrence of only historic records within the county. w Ms. Amanda Jones March 14, 2006 Page 7 Considering the timing of the survey (peak flowering season) and no observation of any individuals, the likelihood that Georgia aster and Schweinitz's sunflower are present in the subject property is concluded to be remote. Closing Your prompt decision in this matter and corresponding processing of this permit will be greatly appreciated. Please do not hesitate to contact either of the undersigned at 704- 372-1885, if you have any questions. Sincerely, RALPH WHITEHEAD ASSOCIATES, INC. W. Steven Busbee, PWS Michael A. lagnocco, PWS Project Environmental Scientist Project Manager/Senior Scientist Attachments: Attachment A: Pre-Construction Notification Form Attachment B: Agent Certification of Authorization Attachment C: Figures Attachment D: Request for Jurisdictional Determination Attachment E: Stream Quality Assessment Forms Attachment F: Routine Wetland Determination Data Form Attachment G: Representative Photographs cc: David Jarrett, Town of Huntersville WSB/MAI.wsb 1 11 ATTACHMENT A PRE-CONSTRUCTION NOTIFICATION FORM t 1 u E 2- @ TIR 0WE D MAR 2 4 2006 Office Use Only: M'p D?WN ° WAf ! Que,L TyForm Version March 2005 ,? ?tdp ? f?tR.??? t?pgNcN USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "NSA".) 2006050 I. Processing „z < < a, , 1. Check all of the approval(s) requested for this project: t` F ) ® 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: 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: Town of Huntersville Mailing Address: P.O. Box 664 ' Huntersville NC 28070 Attention: Mr. David Jarrett Telephone Number: 704-875-7007 Fax Number: 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: Michael A. Iagnocco, PWS Company Affiliation: Ralph Whitehead Associates, Inc. Mailing Address: 1000 W. Morehead Street, Suite 200 Charlotte, NC 28208 Telephone Number: 704-372-1885 Fax Number: 704-372-3393 E-mail Address: michael.ia nocco(a-),rwhitehead.com Page 5 of 13 ?j u 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: Verhoeff Drive Relocation Project 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): N/A 4. Location County: Mecklenburg Nearest Town: Huntersville Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): From Charlotte, take I-77 N to Exit 23. Turn right onto Gilead Road then right onto US 21 and go approximately and three-quarter miles. Existing stream crossing is approximately 600 feet south of the intersection of existing Verhoeff Drive and US 21. 1 5. 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): 35.3896 ON 80.8477 °W ' 6. Property size (acres): Approximately 13 acres 7. Name of nearest receiving body of water: Unnamed Tributary to Torrence Creek 8. River Basin: Catawba (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at htip://h2o.enr.state.nc.us/admin/mMs/.) ' 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The project area is mostly commercial and industrial development, woodlands, and maintained utility rights-of-way. Land use in the vicinity of Page 6 of 13 l 7 1 the project area is comprised of light industrial, commercial, residential, and undeveloped woodland. 10. Describe the overall project in detail, including the type of equipment to be used: The project area is approximately 13 acres and is located between US 21 and NC 115 within the Town of Huntersville in northern Mecklenburg County, North Carolina (Attachment C - Figure 1) The proposed project consists of the realignment and widening of the existing Verhoeff Drive from NC 115 to US 21 in the Town of Huntersville, NC. The areas of jurisdictional stream impacts are east and west of the existing US 21 Stream 1 crossing, approximately 600 feet south of the existing Verhoeff Drive and US 21 intersection. Proposed plans call for the extension of an existing pipe and placement of fill (rip-rap) within the bed of the channel for velocity and erosion control. The scope of the proposed roadway improvements consists of realigning the US 21 and Verhoeff Drive intersection. The US 21 north and southbound roadway approaches to Verhoeff Drive would consist of three 12-foot lanes, including left and right turn lanes. The existing US 21 roadway consists of two 12-foot lanes. The proposed realigned Verhoeff Drive approach to US 21 would consists of three 11-foot lanes, including left and right turn lanes. Additional improvements to Verhoeff Drive will include 5-foot bike lanes, 5-foot sidewalks and 2-foot curb and gutters on either side of the proposed roadway. A 7-foot planting strip will also be constructed between the curb and gutter and sidewalk on the south side of the proposed Verhoeff Drive. The existing Verhoeff Drive consists of only two 1I- foot lanes. Typical equipment, including dozers, track hoes, and grading pans, will be used during the ' construction of the proposed roadway improvements. 11. Explain the purpose of the proposed work: The purpose of the project is to enhance traffic ' movements and safety from Verhoeff Drive to US 21, support work traffic, and accommodate existing development in the corridor. Verhoeff Drive is an important east-west connector between US 21 and NC 115. A primary goal of the project will be to eliminate the 90-degree curve in Verhoeff Drive located immediately east of US 21 (Figure 4). A straightened, relocated portion of Verhoeff Drive, encompassing approximately 600 feet, will ' replace the curve. Pedestrian safety will also be improved through the construction of sidewalks and bike lanes. ' 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. Page 7 of 13 F No previous permit approvals or denials have been issued for this project. A Request for Jurisdictional Determination was submitted to the USACE on February 1, 2006. 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. No future project plans are being considered at this time. Appropriate notification will be provided should future impacts to waters of the U.S. be proposed. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. ' 1. Provide a written description of the proposed impacts: Impacts to jurisdictional Waters of the U.S. in the project corridor, as described below, include one unnamed tributary to Torrence Creek (Stream 1). The project necessitates pipe extension and stream fill at the proposed relocated Verhoeff Drive and US 21 intersection. Grading and fill ' associated with the construction of the relocated Verhoeff Drive will result in permanent impacts to 941f (0.011 acre) of Stream 1 upstream and downstream of the existing US 21 crossing. See ' stream impact table below for the proposed type and extent of impacts to Stream 1. Reference Attachment C - Figures 5 through 7 for site plans showing the location and extent of stream impacts. No other impacts to waters of the U.S., including wetlands, are proposed. L! 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Type of Wetland Located within Distance to Area of ,.Site Number Type of Impact (e.g., forested, marsh, 100-year Floodplain Nearest Stream Impact (acres) (indicate on map) herbaceous, bog, etc.) (yes/no) linear feet N/A N/A N/A N/A N/A N/A Total Wetland Impact (acres) N/A 3. List the total acreage (estimated) of all existing wetlands on the property: N/A Page 8 of 13 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, multi ly length X width, then divide by 43,560. Stream Impact Number (indicate on ma) Stream Name Type of Impact Perennial o? Intermittent. Average Stream Width Before Impact Impact Length (linear feet Area of Impact (acres) 1 Stream 1 fill intermittent 4 feet 48 0.006 2 Stream 1 pipe intermittent 4 feet 46 0.005 Total Stream Impact (by length and acreage) 94 0.011 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic ' Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. r Open Water Impact _ Name of Waterbody Type of Waterbody Area of Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact (indicate on map) ocean, etc.) (acres) - N/A N/A N/A N/A N/A Total Open Water Impact (acres) N/A 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.011 Wetland Impact (acres): 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.011 Total Stream Impact (linear feet): 94 7. Isolated Waters ' Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only ' applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Page 9 of 13 J Describe the method of construction (e.g., dam/embankment, excavation, installation of ' draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A ' 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 financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts ' were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Due to the nature of the project, avoiding impacts to Stream 1 while achieving the goal of the ' project is not possible There is no practical alternative that would achieve the project purpose to provide enhanced traffic movements and improved access and overall safety in a manner that would avoid or result in less adverse impact to surface waters. Best management practices 1 (BMPs) and appropriate erosion and sedimentation controls will also be installed and maintained d during construction activities to allow for the least adverse effect on aquatic life, habitat, an water quality. The installation and size of pipes (48" RCP) proposed within the impacted stream ' channel are designed to provide adequate passage of water and support aquatic life. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to ' freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. ' USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable ' mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of ' aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. ' If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. ' An applicant may also choose to review the current guidelines for stream restoration in DWQ's Page 10 of 13 Draft Technical Guide for Stream Work in North Carolina, available at ' http:/ih2o.enr.state.ne.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. The Council on Environmental Quality (CEQ) has defined mitigation in 40 CFR Part 1508.20 to include: avoiding impacts minimizing impacts, rectifying impacts, reducing impacts over time and compensatin for or impacts Three general types of mitigation include ' avoidance minimization and compensatory mitigation. In an effort to minimize impacts to Stream 1 during and after construction appropriate sediment and erosion controls will be installed and maintained. Due to the existing "culverted" and urbanized conditions ' (mowed/grassed banks and alteration of the channel upstream and downstream of existing crossing) of Stream 1 and since the project will result in minimal impacts (less than 100 linear feet and less than 0.10 acre) to an intermittent stream, the Town of Huntersville proposes no compensatory mitigation. 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/l*ndex.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): N/A ' Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A IX., Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes N No ? 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No N Page 11 of 13 I X. 7 F L J 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 ? 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. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify V 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. * Impact Required Zone Multiplier 1 3 (2 for Catawba) 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0244, or.0260. XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. No storm water management is proposed for this minor linear transportation project. Stormwater eminatina from the realigned portion of Verhoeff Drive will be handled via roadside ditches as well as curb and gutter. Riprap aprons have been sized appropriately to reduce flow velocity and Page 12 of 13 minimize potential erosion. The contractor will abide by state and local erosion and sedimentation control requirements during grading and construction operations. ' XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. This project is served by municipal sanitary sewer service. ' XIII. Violations (required by DWQ) ' Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: ' No future development associated with this project is anticipated. ' XV. Other Circumstances (Optional): ' It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). N/A Applicant/Agen Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 13 of 13 1 Fi ._ 1 u ATTACHMENT B AGENT CERTIFICATION OF AUTHORIZATION J 7,-j I L.J L I 1 1 AGENT CERTIFICATION OF AUTHORIZATION I, (JO'V M ZTk1L1Le'T--r , representing the Town of Huntersville, hereby certify that I have authorized Michael A. Iaanocco. P.W.S. of Ralph Whitehead Associates, Inc., to act on my behalf and take all actions necessary in the processing, issuance, and acceptance of this permit and all standards and special conditions attached. We hereby verify that the above information submitted in this application is true and accurate to the best of our knowledge. Applicant's si / - ?9 - 06 Date Agent's signs 10,D/oG Date Completion of this form will allow the agent to sign all future application correspondence. 1 1 1 1 1 1 1 ATTACHMENT C FIGURES 1 1 t Ar,. ¢a 4 ??a _ a K ??_ m .-? Proiect o' w s i i CL As "u. O c?. 4 ?,tt;rr RALPH WHITEHEAD ASSOCIATES, INC. North Carolina Vicinity Map 1 Verhoeff Drive Relocation Project Site Location Map Town of Huntersville Mecklenburg County, NC Figure 1 t 1 1 1 1 1 30 f 3 Approximate -? Project Area ?V ems, ' ? 't ? I •' ? ' ? ? ?'-?.lf J) L f g Approximate Scale 1" = 800' MOrA LPH WHITEHEAD SSOCIATES, INC. North Carolina Vicinity Ma r 6 ?= t4 Verhoeff Drive Relocation Project USGS Quad Town of Huntersville Mecklenburg County, NC FIGURE 2 r r Verhoeff Drive Relocation Project Town of Huntersville W RALPH WHITEHEAD Mecklenburg County, NC ASSOCIATES, INC. Figure 3 Soil Survey Map I ri= - noxi a smiuy 1VGll1, G LU 070 J1VJXb VaB - Vance sandy loam, 2 to 8% slopes , QQQ Val) - Vance sandy loam, 8 to 15% slopes m ?? WkB - Wilkes loam, 4 to 8% slopes cMF- WkD - Wilkes loam, 8 to 15% slopes C; ? ¢ '°i g ER, BRING" ?vc?lJ uc, s ¢ 115 5fOWJ "?P C ` o U U) c c O ` •b U m ° ? O M !- -1 ` CA i m . a ? a 64 cn o (D . N 0 4-J C? .? c7 ° C co U 7E 0 (CS ^7 C~'S ro (D N 0 m N ' - V Mel ?'. 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' VJ . . ,`? 411 M, }• t •Ik 17 "' ? ? f /??I•I •W-^ ?? q.}Ir. "4 .Y ` ?=]i } ' dy 3. ?? _ ..fig _1 .. M t "•? ?':' J•I?1.'?}/ '.. tl?Y .ur Al AA r''1'J _f;ry ?'r M• a 1 • D ,_731 (! r - L. } ?lJ l Y + '•' " CI '` 4"' r? . n ; l i!" y i?-e}3 r'raRwt"? :n , ? ? e ? ._ ? ? Y .?"hr?S.},w•° ' ? a- 1?331?.>•?~ ,L:gKyxw''? ''??y1? n'! ^? w,r??:.??'? _'{F, ,}'i. +?? r,r"? j`..? r s 1?. n 1 wn }' eyk ? ? ,? , '1i . Gyr .i' . it. l? r ,' • t?i-. ? ' ? ? y ,' - `? . '. . r. , , .l r ?,s- 7 r t r ? 'M?µ. ? r ?? ? ?'Ir y ?° = t .. ? rf•?1.?'??,1 hh?, "1l _?-?'• _ ,?, +-I"? ?.- . m r m r r r m m r m m m m m m r r EXISTING VERHOEFF DFi APPLICANT: TOWN OF HUNTERSVILLE ACTIVITY: VERHOEFF DRIVE RELOCATION PROJECT ROUTE: VERHOEFF DRIVE US 21 (STATESVILLE ROAD) PROJECT'': RWA-3252 LOCATION: US 21 AT VERHOEFF DRIVE COUNTY: MECKLENBURG STATE: NORTH CAROLINA DATE: FEBRUARY 20, 2006 EGEND ® STREAM PIPING IMPACT ® STREAM FILL IMPACT 0 200 SCALE RALPH WHITEHEAD ASSOCIATES, INC. CONSULTING ENGINEERS 1000 WEST MOREHEAD STREET SUITE 200 CHARLOTTE, NORTH CAROLINA 28208 FIGURE 5 SITE PLAN OVERVIEW PHONE ":(704)372-1885 FAX ":(704)372-3393 m -71 I' STREAM l \ I PLACE 14 CUBIC YARDS OF RIPRAP ?Z n rn \ \ II 1 Rl', AP T / STREAM FILL IMPACT IZD 16 LF, A=68 SF N CB A STREAM PIPING IMPACT o \ s 46 LF, A=202 SF \ C C _ - C E STING R7W- \ I 1 i9 ?1f1L 11f1L - - -Ol- T- - - - - - - - - - - - - - - - - - ?- - - - - - - - - - - - - - - - - - - - - -`)- - SSA - ---- STATESVILLE ROAD (US HWY 2/)22' BST L-A?- - -? - -7 - - - - - - - M - - - - - - - - - - - M - - - - - - - - - - - - - - 0- - - - - - - - - - - - - _ - - - - - - -OH 1- - - - - - - - -? --- - - F -__ _ F - ----_ F 00 C C C ? PLACE 8'- 48" R.C. PIPE PLACE 36'- 48" R.C. PIPE S o J' o EXISTING 106'- 48" R.C. PIPE - PLACE 28 CUBIC YARDS OF RIPRAP o I I EXISTING R/W STREAM FILL IMPACT 1 32 LF, A=204 SF A (SEE FIGURE 7 FOR SECTION A-A) LEGEND RALPH WHITEHEAD ASSOCIATES.INC. APPLICANT: TOWN OF HUNTERSVILLE LOCATION: US 21 AT CONSULTING ENGINEERS VERHOEFF DRIVE 1000 WEST MOREHEAD STREET ACTIVITY: VERHOEFF DRIVE COUNTY: MECKLENBURG ® STREAM PIPING IMPACT CHAR zoo SUITE CHARLOTTE, NORTH CAROLINA 28208 RELOCATION PROJECT ® STREAM FILL IMPACT ROUTE: VERHOEFF DRIVE STATE: NORTH CAROLINA FIGURE 6 US 21(STATESVILLE ROAD) 0 50 INTERMITTENT STREAM IMPACTS SCALE PROJECT*: RWA-3252 DATE: FEBRUARY 20,2006 PHONE ": (704) 372-1885 FAX *:(704) 372-3393 SECTION A-A US 21 (STATESVILLE RD) 18+39.00 PROPOSED CENTERLINE nr nnAn 760 750 740 1-1 7 3b" 720 PIPE APPLICANT: TOWN OF HUNTERSVILLE ACTIVITY: VERHOEFF DRIVE RELOCATION PROJECT ROUTE: VERHOEFF DRIVE US 21 (STATESVILLE ROAD) PROJECT*': RWA-3252 LOCATION: US 21 AT VERHOEFF DRIVE COUNTY: MECKLENBURG STATE: NORTH CAROLINA DATE: FEBRUARY 20, 2006 LEGEND ® STREAM PIPING IMPACT ® STREAM FILL IMPACT 0 20 SCALE RALPH WHITEHEAO ASSOCIATES, INC. CONSULTING ENGINEERS 1000 WEST MOREHEAD STREET SUITE 200 CHARLOTTE, NORTH CAROLINA 28208 FIGURE 7 CROSS-SECTION VIEW PHONE ": (7Q4)_372_1000 FAX ":(7Q9?_3_72-3393 1 t ATTACHMENT D REQUEST FOR JURISDICTIONAL DETERMINATION 1 1 1 r 1000 W. Morehead, Suite 200 Post Office Box 35624 Charlotte, NC 28235 (704) 372-1885 (704) 372-3393 FAX 3505 Koger Blvd., Suite 205 Duluth, GA 30096 (770) 452-0797 (770) 936-9171 FAX 4348 Southpoint Boulevard ' Suite 310 Jacksonville, FL 32216 (904) 730-9777 (904) 730-7766 FAX 10800 Midlothian Turnpike Suite 302 Richmond, VA 23235 (804) 794-1185 (804) 378-0923 FAX 454 S. Anderson Road Suite135, BTC 517 Business Technology Center Rock Hill, SC 29730 (803) 980-4970 (803) 980-4099 FAX ' Penn Center West Building Two, Suite 120C Pittsburgh, PA 15276 (412) 809-9550 (412) 809-9551 FAX 105 Wappoo Creek Drive Suite 4A Charleston, SC 29412 (843) 406-1958 (843) 406-6875 3301 Woman's Club Drive Suite 111 Raleigh, NC 27612 (919) 791-0108 (919) 791-0960 FAX 6405 Metcalf Suite 516 Overland Park, KS 66202 (913) 789-0800 (913) 789-0802 (Fax) RALPH WHITEHEAD ASSOCIATES, INC. Consulting Engineers Charlotte Atlanta Jacksonville Richmond Rock Hill Pittsburgh Charleston Raleigh Kansas City To: U.S. Army Corps of Engineers Ms. Amanda Jones Regulatory Field Office-Asheville 151 Patton Avenue, Room 208 Asheville NC 28801 R=1ETTC=G3 Oo l o %HaU\ 5 IJ lJ Lr L WE ARE SENDING YOU: Attached Under separate cover via the following items: Shop Drawings Prints Specifications Copy of Letter Plans Change Order Samples Copies Date No. Description 1 2/1/06 1 Jurisdictional Determination Report and Request for Verification These are transmitted as checked below: For Approval Approved as submitted For your use Approved as noted As requested Returned for corrections For Bids Due For review & comment Remarks Date: 2/1/06 Job No. 3252 Attention: Amanda Jones RE: Request for Jurisdictional Determination Approximate 13-Acre Verhoeff Drive Relocation Project Mecklenburg County, North Carolina Resubmit copies for approval Submit copies for distribution Return corrected prints Prints returned after loan to us Ms. Jones, Attached, please find the Jurisdictional Determination Report and Request for Verification for the Approximate 13-Acre Verhoeff Drive Relocation Project. Please do not hesitate to contact us at (704) 372-1885 if you have any questions. Copy to Signed Mike lagnocco If enclosures are not as indicated, kindly notify us at once N:\PROJ\3252\Environmental\Permit\USACE JD Transmittal.doc CIS! F", 0 REQUEST FOR JURISDICTIONAL DETERMINATION DATE: Jn 20,2006 COUNTY Mecklenburg County, North Carolina TOTAL ACREAGE OF TRACT - 13 acres PROJECT NAME (if applicable) Verhoeff Drive Relocation PROPERTY OWNER/APPLICANT (name, address and phone): Town of Huntersville Mr. David Jarrett P.O. Box 664 Huntersville, North Carolina 28070 NAME OF CONSULTANT, ENGINEER, DEVELOPER (if applicable): Ralph Whitehead Associates, Inc. Mr. Michael Iagnocco, PWS 1000 W. Morehead St., Suite 200 Charlotte, North Carolina 28208 STATUS OF PROJECT (check one): ( ) On-going site work for development purposes ( X) Project in planning stages (Type of project: road relocation, including realignment and widening) ( ) No specific development planned at present ( ) Project already completed (Type of project: ) ADDITIONAL INFORMATION REQUIRED: Check items submitted - forward as much information as is available. At a minimum, the following first two items must be forwarded. (X) USGS 7.5' Cornelius NC Topographic Quadrangle (Figure 1) (X) NRCS Mecklenburg County Soil Survey (Figure 2) (X) Approximate Jurisdictional Boundary Field Map (Figure 3) (X) Proposed Impacts (X) Pre-Construction Notification Pursuant to a Nationwide Permit No. 14 (X) Agent Certification of Authorization Form (attached) (X) Stream Classification Forms (attached) (X) Routine On-Site Data Forms (attached) (X) Representative Photographs (attached) C?9 Signature o P rty Owner or Auth ' ed A ent Mr. Michael Iagnocco, PWS n ' ATTACHMENT E STREAM QUALITY ASSESSMENT FORMS t 11 s t North Carolina Division of Water Quality - Stream Identification Form; Version 3.1 Date: 11/02/2005 Project: Verhoeff Drive Latitude: 35.3896°N Evaluator: Steven Busbee Site: SA-1 Longitude: 80.8477°W Total Points: Other Important Intermittent County: e.g. Quad Name: Stream is at least intermittent 23.001 Mecklenburg if>_ 19 or perennial if>_ 30 Stream 1 A. Geomorphology (Subtotal = 13.5--) Absent Weak Moderate Strong 1a. Continuous bed and bank 2, 0 1 2 3 2. Sinuosity 2. 0 1 2 3 3. In-channel structure: riffle-pool sequence 1, 0 1 2 3 4. Soil texture or stream substrate sorting 1, 0 1 2 3 5. Active/relic floodplain 0, 0 1 2 3 6. Depositional bars or benches 2. 0 1 2 3 7. Braided channel 0, 0 1 2 3 8. Recent alluvial deposits 2. 0 1 2 3 9 a Natural levees 0, 0 1 2 3 10. Headcuts 2. 0 1 2 3 11. Grade controls 0, 0 0.5 1 1.5 12. Natural valley or drainageway 1. 0 0.5 1 1.5 13. Second or greater order channel on existing USGS or NRCS map or other documented evidence. 0. No = 0 Yes = 3 Man-made ditches are not rated; see discussions in manual R Wwrirnlnnu (Cr ihtntal = S_O 1 14. Groundwater flow/discharge 1. 0 1 2 3 15. Water in channel and > 48 hrs since rain, or Water in channel -- d or growing season 1. 0 1 2 3 16. Leaflitter 1. 1.5 1 0.5 0 17. Sediment on plants or debris 0, 0 0.5 1 1.5 18. Organic debris lines or piles (Wrack lines) 0. 0 0.5 1 1.5 19. Hydric soils (redoximorphic features) present? 1. No = 0 Yes = 1.5 r' Rinlnnv (Si ihtntal = 4.50 1 20°. Fibrous roots in channel 1. 3 2 1 0 21 . Rooted plants in channel 2. 3 2 1 0 22. Crayfish 0. 0 0.5 1 1.5 23. Bivalves 0. 0 1 2 3 24. Fish 0. 0 0.5 1 1.5 25. Amphibians 0.5 0 0.5 1 1.5 26. Macrobenthos (note diversity and abundance) 0, 0 0.5 1 1.5 27. Filamentous algae; periphyton 0. 0 1 2 3 28. Iron oxidizing bacteria/fungus. 0. 0 0.5 1 1.5 29 . Wetland plants in streambed 0.0 FAC = 0.5; FACW = 0.75; OBL = 1.5 SAV = 2.0; Other = 0 Items 20 and 21 focus on the presence of upland plants, Item 29 focuses on the presence of aquatic or wetland plants. Sketch: Notes: (use back side of this form for additional notes.) Chironomid macrobenthos abundant OFFICE USE ONLY: USACE AID# DWQ # SA-1 : Important Intermittent Stream 1 STREAM QUALITY ASSESSMENT WORKSHEET - f 1. Applipant's Name: Town of Huntersville 2. Evaluator's Name: Steven Busbee 3. Date of Evaluation: 11-2-05 4. Time of Evaluation: 2:00 pm 5. Name of Stream: Unnamed Tributary to Torrence Creek 6. River Basin: Catawba 7. Approximate Drainage Area: 50 acres 8. Stream Order: 1st 9. Length of Reach Evaluated: -1001f 10. County: Mecklenburg 11. Location of reach under evaluation (include nearby roads and landmarks): From Charlotte, take I-77 N to Exit 23. Turn right onto Gilead Road then right onto US 21 and go approximately one and three-quarters miles. Existing stream crossing is approximately 400 feet south of the intersection of existing Verhoeff Dr and US 21 12. Site Coordinates (if known): 35.38960N 80.8477°W 13. Proposed Channel Work (if any): N/A 14. Recent Weather Conditions: sunny cool 15. Site conditions at time of visit: sunny, cool 16. Identify any special waterway classifications known: -Section 10 -Tidal Waters -Essential Fisheries Habitat -Trout Waters -Outstanding Resource Waters _ Nutrient Sensitive Waters Water Supply Watershed (I-IV) 17. Is there a pond or lake located upstream of the evaluation point? YEG If yes, estimate the water surface area: 18. Does channel appear on USGS quad map? YEN 19. Does channel appear on USDA Soil Survey? YES NO 20. Estimated Watershed Land Use: 5 % Residential 5 % Commercial 5 % Industrial % Agricultural 85 % Forested _% Cleared / Logged _% Other ( ) 21. Bankfull Width: 2-5' 22. Bank Height (from bed to top of bank): 2-8' 23. Channel slope down center of stream: -Flat (0 to 2%) X Gentle (2 to 4%) -Moderate (4 to 10%) -Steep (>10%) 24. Channel Sinuosity: Straight -Occasional Bends X Frequent Meander -Very Sinuous -Braided Channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 46 Comments: I i Evaluator's Signature ???/ 41 Date This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers in order to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 05/03. To Comment, please call 919-876-8441 x 26. 1 i 11 n n STREAM QUALITY ASSESSMENT WORKSHEET SA-1- Important Intermittent Stream 1 1 Presence of flow / persistent`po , sin stream` _ 0 - 5 O- 4 0 5 (no flow, or saturation = 0; strong flow = max points) 2 Evidence of past human alteration 0-6 0-5 0-5 (extensive alteration = 0; no alteration = 'max points) 3 -? Riparian zone 0-6 0 4 0-5- (no buffer 0; contiguous, wide buffer = max points) ti 4 Evidence of nutrient or chemical discharges 0-5 0-4 0-4 (extensive' dischar g es = 0; no discharges = max points) ' 5 Groundwater discharge 0- 3 -4 0 0= 4 (no discharge ° 0; springs, seeps, wetlands, etc. ,-'max points)` , . 6 Presence of adjacent floodplain 0-4 0-4 0-2 ? (no floodplain = 0; extensive floodplain - max points) Entrenchment / floodplain access 0-5 0-4 0-2 (deeply entrenched..: 0; frequent flooding = max points) ' 1 8 ? Presence of adjacent wetlands 0-6 0 '4 0-2 (no wetlands = 0; large adjacent wetlands max points) 9 Channel sinuosity 0-5 0-4' 0-3 (extensive channelization = 0; natural meander = max points) 10 Sediment input ' 0--.5 074 0- 4 points) (extensive deposition= 0; little or no sediment - max 11 Size & diversity of channel bed substrate 0,-4 0 -5 n x o vers s zes = ; (fine, homo enous =A; lar „ Evidence of channel'incision or widening , . p"- 5 -" ?0 4 0= 5 12 (dee ly' iucised = 0 stable bed &"banks Max -points) " = _ 13 'Presence of major,liank failures ? 0 5 0 _ 5 0 5 a: (severe erosion- 0; no erosion stable banks = max-points) b . 4 Root deptli and;density on banks, 0 3 0 - 4 0 - 5. , 1 (no visible roots =.0; dense roots throu hoot= max points) - tv " ,? Impact by agriculture or livestock production - 0 5 0 - 4? 0 - 5 15 (substantial impact -0; no evidence = max points) - 16 Presence of riffle pooUripple=pool compleXes. ' 0-3 0 - 5 0 - 6 O-, well-developed max points) (no riffles/ripples or pools = E 1 habitat com lexit p Y (little or no habitat = 0; frequent, varied babitats max points) 0-6 0 6 0 6 18 Canopy coverage over streambed . ' - 0-5 0-5` 0 (no shading vegetation= 0;`continuous canopy . max points) , ` 19 Substrate embeddedness 0. 4 0. -4 (deeply embedded = 0 loose structure = max) . 20 Presence'of stream myertebrates 0-4 0-5 0-5 4 (no evidence = 0; common, numerous types .= max points) ' 21 amphibians Presence of b4 0= 4 0-4 of (no evidence = 0; common, numerous types _= max points) :. a 0 . 22 Presence of fish ' 0 4- .0 4 0 4 . (no evidence = 0, common; numerous es'= max points) 23 Evidence of wildlife use >? ,0 6 0:,;-,,5: 0 5 (no evidence , 0: abundant evidence = iriax oints i ts) ma e i di e ? - Y.:- 1 - '111111. ? i Xi: * These characteristics are not assessed in coastal streams. 2 2 3 2 1 0 2 0 2 3 1 3 3 3 4 1 3 4 1 2 1 0 3 46 ii k 1 ATTACHMENT F ROUTINE WETLAND DETERMINATION DATA FORM DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: Verhoeff Drive Relocation Project Date: 11-2-05 Applicant / Owner: Town of Huntersville County: Mecklenburg Investigator: Steven Busbee State: NC Do normal circumstances exist on the site? Yes X No Community ID: DPI Is the site significantly disturbed (Atypical situation)? Yes No X Transect ID: Is the area a potential problem area? Yes No X Plot ID: upland (explain on reverse if needed) VEGETATION 11 11 0 Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Pinus taeda tree FAC 9. 2. Liriodendron tulip fera tree FAC 10. 3. Juniperus virginiana tree FACU- 11. 4. Cornus Florida tree FACU 12. 5. Cercis canadensis shrub FACU 13. 6. Elaeap-nus umbellata shrub - 14. 7. Lonicera aponica vine FAQ- 15. B. 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 33% Remarks: Less than 50% of the dominant plants species are FAC or wetter. HYDROLOGY _ Recorded Data (Describe in Remarks): Wetland Hydrology Indicators Stream, Lake, or Tide Gauge Aerial Photographs Primary Indicators: _ Other Inundated Saturated in Upper 12" No Recorded Data Available _ Water Marks _ Drift Lines Field Observations: _ Sediment Deposits Drainage Patterns in Wetlands Depth of Surface Water: N/A (in.) Secondary Indicators: Oxidized Roots Channels in Upper 12" Depth to Free Water in Pit: >12 (in.) Water-Stained Leaves Local Soil Survey Data Depth to Saturated Soil: >12 (in.) FAC-Neutral Test _ Other (Explain in Remarks) Remarks: No wetland hydrology indicators are present. n 0 r SOILS Map Unit Name (Series and Phase): Vance sandy loam 2-8% slopes ( VaB) Drainage Class: well-drained Taxonomy (Subgroup): Typic Hapludults Confirm Mapped Type? Yes No Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-4 A 10YR 5/3 None None sandy loam 4->12 B 7.5YR 4/4 None None clay loam Hydric Soil Indicators: _ Histosol _ Concretions _ Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils _Aquic Moisture Regime Listed On Local Hydric Soils List _ Reducing Conditions Listed on National Hydric Soils List Gleyed or Low-Chroma Colors - Other (Explain in Remarks) Remarks: Hydric soil indicators are not present. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes No X Is the Sampling Point Wetland Hydrology Present? Yes No X Within a Wetland? Yes_ No X Hydric Soils Present? Yes No X Remarks: Data point is representative of a non jurisdictional upland area located adjacent to Stream 1, east of US 21. E r7 L ATTACHMENT G REPRESENTATIVE PHOTOGRAPHS Photograph 2. View of Important Intermittent Stream 1 (west of US 21). Photograph 1. View of Important Intenmittent Stream 1 (east of US 21). RALPH WHITEHEAD ASSOCIATES, INC. Consulting Engineers Charlotte Atlanta Jacksonville Richmond Rock Hill Charleston Kansas City Raleigh ' Website: www.rwhitehead.com ' 1000 W. Morehead Street Suite 200 Charlotte, NC 28208 Mailing Address: Post Office Box 35624 Charlotte, NC 28235 704 372-1885 Voice 704 372-3393 Fax n March 14, 2006 Via FEDERAL EXPRESS t ?? ..?-.?y ? ter +y MAR 2 4 7006 1II4{ U.S. Army Corps of Engineers Asheville Regulatory Field'Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 2 0 0 6, 0 5 0 2 Attention: Ms. Amanda Jones ?P Subject: Pre-Construction Notification Pursuant to Nationwide Permit No. 14 Town.of Huntersville Verhoeff Drive Relocation Project Mecklenburg County, NC RWA Project No. 3252 Dear Ms. Jones: On behalf of the Town of Huntersville, Ralph Whitehead Associates, Inc. (RWA) is submitting a Pre-Construction Notification (PCN) application. form in accordance with General Condition No. 13 and pursuant to U.S. Army Corps of Engineers (USACE) Section 404 Nationwide Permit (NWP) Number 14 (Federal Register Vol. 67, No. 10; January 15, 2002). The Town of Huntersville has contracted RWA to be the acting agent and perform wetland permitting services for this project. An Agent Certification of Authorization Form is included in Attachment B. Accompanying figures related to this permit request are included in Attachment C. The project area is approximately 13 acres and is located between US 21 and NC 115 within the Town of Huntersville in northern Mecklenburg County, North Carolina (Attachment C Figure 1). The project involves the realignment and widening. of the existing Verhoeff Drive to accommodate existing development in the corridor. In addition, US 21 is proposed to be widened to accommodate turn lanes at the realigned intersection with Verhoeff Drive. Proposed plans will result in impacts to approximately 94 linear feet (If) of a jurisdictional, aquatically important intermittent stream (Stream 1). Project impacts do not exceed the NWP No. 14 PCN regional threshold of 150 If, however since copies of this PCN have been forwarded to the N.C. Division of Water Quality (DWQ) for processing, a copy has hereby been provided to the USACE. Ms. Amanda Jones March 14; 2006 Page 2 Background Based on review of the Mecklenburg County Property Ownership Land Records Information System (POLARIS) and field reviews, the project corridor consists mostly of utility right-of-way (R/W), maintained roadside, industrial and commercial development, ' and woodlands. The majority of the Verhoeff Drive corridor between US 21 and NC 115 is currently developed. Surrounding land use is mostly undeveloped woodland and commercial and residential development. Jurisdictional waters of the U.S. in the project corridor, as described below, include one unnamed tributary to Torrence Creek (Stream 1). The project necessitates pipe ' extension and stream fill at the proposed relocated Verhoeff Drive and US 21 intersection. Grading and fill associated with the construction of the relocated Verhoeff Drive and the widening of US 21 to accommodate turn lanes at the intersection will result in unavoidable impacts to Stream 1 upstream and downstream of the existing US 21 stream crossing. No other impacts to waters of the U.S., including wetlands, are proposed. ' Methods On November 2, 2005, RWA Environmental Scientists Steven Busbee, P.W.S., and Alexis Baker field reviewed the subject site for potential jurisdictional waters of the U.S. Jurisdictional waters are defined by 33 CFR 328.3(a) and protected by Section 404 of the Clean Water Act (33 U.S.C. 1344). Potential jurisdictional areas on the subject property were delineated using the U.S. Army Corps of Engineers (USACE) Routine On- Site Determination Method as defined in the 1987 Corps of Engineers Wetland Delineation Manual'. Potential jurisdictional stream channels were assessed according to recent North Carolina Division of Water Quality (DWQ)2 and USACE guidance. These assessments included sampling with a D-shaped dip net,, taking photographs, and defining breakpoints (a point at which a channel changes classification) within each on- site stream channel. Jurisdictional boundaries were surveyed in the field using a Trimble handheld GPS unit capable of sub-meter accuracy. Jurisdictional Waters of the U.S. Jurisdictional waters of the 'U.S. located within the project corridor were delineated by RWA Environmental Scientists, Steven Busbee, P.W.S. and Alexis Baker. Stream assessments were conducted utilizing the USACE Wilmington District Stream Quality Assessment Worksheet and the 'DWQ Stream Identification Form. Jurisdictional waters of the U.S. located within the project corridor include one unnamed tributary to Torrence Creek (Stream 1). Reference Attachment C Figure 4 for the location of Stream 1. A Request for Jurisdictional Determination was forwarded to the USACE on February 1, 2006 (Reference Attachment D). Response from the USACE is pending. Copies of the stream assessment forms are included in Attachment E. Environmental Laboratory, 1987, "Corps of Engineers. Wetlands Delineation Manual," Technical Report Y-87-1, US Army Engineer Waterways Experiment Station, Vicksburg, Mississippi. 2 North Carolina Division of Water Quality, Identification Methods for the Origins of Intermittent and Perennial Streams. Version 3.1. 1999. Ms. Amanda Jones March 14, 2006 Page 3 Stream 1 is not depicted on the USGS Cornelius. NC topographic map (Figure 2) or the ' soil survey map (Figure 3). The stream has channel bottom widths of 2 to 5 feet and bank heights of 1 to 6 feet.. The stream exhibited a well-defined, bed and bank, weak to, no flow, strong sinuosity, and substrate consisting of sand and silt to small cobble. ' Macroinvertebrates collected during dip net, sampling included chironomids. Many tadpoles were also observed in the portions of Stream 1 containing standing water. Stream 1 was concluded to be a jurisdictional, aquatically important, intermittent stream. ' Representative photographs of Stream 1 are included in Attachment G - Photographs 1 and 2. The habitat adjacent to Stream 1 consisted of upland Mixed Pine/Hardwood Forest. A Routine Wetland Determination Data Form representing on-site upland areas ' is included in Attachment F. Purpose and Need The purpose of the project is to enhance traffic movements and safety from Verhoeff Drive to US 21, support work traffic, and accommodate existing development in the corridor. Verhoeff Drive is an important east-west connector between `US 21 and NC 115. A primary goal of the project will be to eliminate the 90-degree curve in Verhoeff- Drive located immediately east of US 21 (Figure 4). A straightened, relocated portion of Verhoeff Drive, encompassing approximately 600 feet, will replace the curve. ' Pedestrian safety will also be improved through the construction of sidewalks and bike lanes. Construction of the proposed realignment and widening of Verhoeff Drive, and the widening of US 21 to accommodate turning lanes at the intersection, will result in ' impacts to waters of the U.S. as described below. Impacts to Waters of the U.S. The proposed project consists of the realignment and widening of the existing Verhoeff Drive from NC 115 to US 21 in the Town of Huntersville, NC. In addition, US 21 would be widened in order to accommodate turn lanes at the realigned Verhoeff Drive ' intersection. The areas of impacts are east and west of the existing US 21 Stream 1 crossing, approximately 600 feet south of the existing Verhoeff Drive and US 21 intersection. Proposed plans call for the extension of an existing pipe beneath US 21 ' and placement of fill (riprap) within the bed of the channel. The project would result in permanent impacts to 94 If (0.011 acre) of jurisdictional, important intermittent stream (Stream 1). Proposed impacts are summarized in Table 1 below. Reference ' Attachment C - Figures 5 through 7 for site plans showing the location and extent of stream impacts. ' Activities on the project site involving impacts to waters of the U.S. will be required to follow the General Conditions of the Nationwide Permits (Federal Register Vol. 67, No. 10; January 15, 2002), applicable Wilmington District Regional Conditions, and applicable State consistency conditions. Ms. Amanda Jones March 14, 2006 Page 4 Table 1. Summary of Estimated Impacts Jurisdictional Type of Permanent Approximate Length of Area Jurisdictional Area Impact (Y/N) Area of Impact Impact acre Stream 1 Important Y 0.011 94 Intermittent Stream Permanent Impact Totals: 0.011 94 ' Avoidance and Minimization Due to the nature of the project, avoiding impacts to Stream 1 while achieving the goal of the project is not possible.. There is no practicable alternative that would achieve the project purpose of providing enhanced traffic movements and improved access and overall safety in a manner that would avoid or result in less adverse impact to surface waters. Best management practices (BMPs) and appropriate erosion and sedimentation controls will also be installed and maintained during construction activities to allow for the least adverse effect on aquatic life, habitat, and water quality. The installation and size of pipes (48" RCP) proposed within the impacted stream channel are designed to provide adequate passage of water and support aquatic life. In an effort to minimize impacts, a guardrail has been proposed west of US 21 in conjunction with steepening fill slopes to 2:1 (Attachment C Figure 7). This has eliminated the potential need to extend the existing culvert on the west side of US 21. 1 1 1 Compensatory Mitigation As described, efforts have been made to avoid and minimize impacts to waters of the U.S. to the maximum extent practicable. Due to the existing °.culverted" and urbanized conditions (mowed/grassed banks and alteration of the channel upstream and downstream of existing crossing) of Stream 1, the Town of Huntersville is not proposing compensatory mitigation for the de minimus loss of approximately 94 If (0.011 acre) of total stream channel. The possible sedimentation of Stream 1 downstream of the construction area during and immediately following the construction phase will be minimized to the maximum extent practicable by strict implementation of, and compliance with, a State-approved sediment and erosion control plan. Erosion and sediment control measures will be inspected for compliance with construction contract documents, as well as following storm events, to identify needed repair, maintenance, or redesign. Cultural Resources A review of Charlotte-Mecklenburg Historic Landmarks Commission database revealed no cultural resources within the project area. Considering the limited impacts to waters of the U.S. as a result of this project,.the likelihood of cultural resources being present in the proposed permit area is considered remote. Ms. Amanda. Jones ' March 14, 2006 Page 5 ' Protected Species RWA conducted a protected species habitat assessment and review of the project area on November 2, 2005. Prior to the field site visit, RWA reviewed the U.S. Fish and ' Wildlife Service (USFWS) and North Carolina Natural Heritage Program (NCNHP) databases, which provided existing data concerning the potential occurrence of federally ' and state threatened and endangered species in Mecklenburg County. These databases indicate that there are six federal and state threatened or endangered species that may occur in Mecklenburg County as described below. One of these ' species, Georgia aster (Symphyotrichum georgianum) is listed federally as a candidate species and is included in the discussion. Georgia aster (Symphyotrichum georgianum) State Threatened, Federal Candidate. - The Georgia aster is a perennial plant that is typically found in well-drained sunny locations. This plant prefers open woods and roadside or utility rights-of-way, where ' periodic maintenance preserves an open canopy. Additionally, this plant is often found in Piedmont prairie habitat, growing with other associates of that rare community, including smooth coneflower (Echinacea laevigata) and Schweinitz's sunflower ' (Helianthus schweinitzii). Flowering occurs from early October to mid-November. Schweinitz's sunflower (Helianthus schweinitzii) State Endangered Federal Endangered - Schweinitz's sunflower is a perennial herb limited to the Piedmont of North and South Carolina. The typical habitat for this plant includes roadsides, old pastures, transmission line rights-of-way, open areas, and edges of upland woods. Periodically maintained R/Ws are typically considered good potential habitat for the Schweinitz's ' sunflower. Major characteristics of soils associated with suitable Schweinitz's sunflower habitat include thin soils, soils on upland interstream flats or gentle slopes, those which are clayey in texture (and often with substantial rock fragments), those which have a. ' high shrink-swell capacity, and those which vary over the course of the year from very wet to very dry. Flowering occurs from August to the first frost of the year. ' Bald eagle (Haliaeetus leucocephalus) - State Threatened, Federal Threatened - This bird, which is federally proposed for de-listing, nests in mature live pine or cypress trees in the transition zone between mature forests and large bodies of water. Nests are very large, up to six feet in width, and constructed of large sticks and soft materials such as dead vegetation, grasses, and pine needles (USFWS, 1992). Nesting trees are usually less than two miles from open water. Winter roosts are usually in mature trees, similar to nesting trees, but may be somewhat farther from water. Female bald eagles are ' approximately 35 to 37 inches long while the male bald eagles are approximately 30 to 34 inches. Adults tend to have a blackish-brown back and breast, with a white head, neck, and tail and a yellow bill. Juveniles tend to be brown and white with a black bill. ' Carolina heelsplitter (LasmOona decorata) State Endangered, Federal Endangered - The Carolina heelsplitter has an ovate, trapezoid shaped shell. The surface of this ' species is yellowish, greenish, or brownish with greenish, blackish rays. The inner shell ranges from iridescent to mottled pale orange. The average size of the Carolina heelsplitter is 78 mm (South Carolina Wildlife Grant Program, 2004). The Carolina ' heelsplitter is found in small to large streams and rivers as well as ponds over a variety of substrates usually near stable, well-shaded stream banks. Most individuals are found J Ms. Amanda Jones' ' March 14, 2006 Page 6 in undercuts and along shaded banks stabilized with extensive tree roots, buried logs, or rocks. The Carolina heelsplitter requires waterways with well-oxygenated clean water. This mollusk is listed as an historical occurrence in Mecklenburg County. Six populations of this mussel are presently known to exist, two of which occur within North. ' Carolina. One small remnant population occurs in the Catawba River system in Waxhaw Creek in Union County, and another small population occurs in a short stretch of Goose Creek, a tributary to the Rocky River in the Pee Dee River system, also in ' Union County. Smooth coneflower (Echinacea laevigata) - State Endangered. Federal Endangered - ' The smooth coneflower grows up to 1.5 meters tall and contains large (approximately 20 cm in length and 7.5 cm in width) basal leaves. The stem of the plant is smooth with flew leaves. The flower consists of rays that are light pink to purplish, usually drooping and are 5 to 8 cm long (USFWS, 2005). This perennial plant generally occurs in basic to circumneutral soils of meadows and woodlands. The plant, which typically blooms in June, has been found growing in habitats that include upland oak-hickory or mixed oak- pine forests, old field habitat, transmission line R/Ws, and roadsides. Smooth coneflower is an associate of the Piedmont prairie community type, often found growing with populations of Schweinitz's sunflower. This plant is listed as a current record for Mecklenburg County, and there is one documented population located approximately 12 miles northwest of Charlotte. Michaux's sumac (Rhus michauxii) - State Endangered, Federal Endangered - Michaux's sumac is a rhizomatous, densely hairy shrub, with erect stems from 1 to 3 feet in height. The compound leaves contain evenly serrated, oblong to lanceolate, acuminate leaflets. Most plants are unisexual; however, more recent observations have revealed plants with both male and female flowers on one plant. The flowers are small, borne in a terminal, erect, dense cluster, and colored greenish yellow to white. Flowering usually occurs from June to July; the fruit, a red drupe, is produced through the months of August to October. Michaux's sumac grows in sandy or rocky open woods in association with basic soils. This plant reportedly survives best in areas where some form of disturbance has provided an open area. This plant is restricted to seven ' counties in North Carolina, but appears to have been extirpated from Mecklenburg County. The plant is listed as a historic record and has not been documented in Mecklenburg County within the last 20 years. However, in November 2001, a total of 29 female plants were transplanted from Wake County, NC to Latta Plantation Prairie (20 ' plants) and to Shuffletown Prairie (9 plants). The list of protected species was reviewed, and evaluations were performed regarding 1 the likelihood of the presence of each species within the project corridor. The majority of the study area consists of woodlands, commercial and industrial development, and maintained utility R/W. No potential habitat for the bald eagle or Carolina heelsplitter ' exists within the project corridor. Potential habitat for the Schweinitz's sunflower, smooth coneflower, and Georgia aster does exist within the maintained utility R/Ws and the woodland/field edges located within the project corridor. No individuals of any of the six aforementioned species were observed during the November 2, 2005 field visit. The potential for Michaux's sumac within the project corridor is considered remote due to the lack of preferred habitat and occurrence of only historic records within the county. Ms. Amanda Jones March 14, 2006 Page 7 Considering the timing of the survey (peak flowering season) and no observation of any ' individuals, the likelihood that Georgia aster and Schweinitz's sunflower are present in the subject property is concluded to be remote. Closing ' Your prompt decision in this matter and corresponding processing of this permit will be greatly appreciated. Please do not hesitate to contact either of the undersigned at 704- 372-1885, if you have any questions. Sincerely, RALPH WHITEHEAD ASSOCIATES, INC. W. Steven Busbee, PWS Michael A. lagnocco, PWS Project Environmental Scientist Project Manager/Senior Scientist Attachments: Attachment A: Pre-Construction Notification Form Attachment B: Agent Certification of Authorization Attachment C: Figures Attachment D: Request for Jurisdictional Determination Attachment E: Stream Quality Assessment Forms Attachment F: Routine Wetland Determination Data Form Attachment G: Representative Photographs cc: David Jarrett, Town of Huntersville WSB/MAI.wsb Fi 1 1 ATTACHMENT A PRE-CONSTRUCTION NOTIFICATION FORM '1 1 MAR 2 4 7006 His pE?#?? ??a?tj.?r4 Qo!-ITY Office Use Only: WETLANDS AND STORWATER BRANCH Form Version March 2005 200^00502 USACE Action ID No. DWQ No. 1 1. (If any particular item is not applicable to this project, please enter "Not appiicaoie- or -i-va°. ) Processing 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: 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: Town of Huntersville Mailing Address: P.O. Box 664 Huntersville. NC 28070 Attention: Mr. David Jarrett Telephone Number: 704-875-7007 Fax Number: 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: Michael A. Iawiocco, PWS Company Affiliation: Ralph Whitehead Associates, Inc. Mailing Address: 1000 W. Morehead Street, Suite 200 Charlotte NC 28208 Telephone Number: 704-372-1885 Fax Number: 704-372-3393 E-mail Address: michael.iagnocco(aD, whitehead.com Page 5 of 13 III. Project Information f 1 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: Verhoeff Drive Relocation Project 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): N/A 4. Location County: Mecklenburg Nearest Town: Huntersville Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): From Charlotte, take I-77 N to Exit 23. Turn right onto Gilead Road then right onto US 21 and go approximately one and three-quarter miles. Existing stream crossing is approximately 600 feet south of the intersection of existing Verhoeff Drive and US 21. 5. 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): 35.3896 ON 80.8477 °W 6. Property size (acres): Approximately 13 acres 7. Name of nearest receiving body of water: Unnamed Tributary to Torrence Creek 8. River Basin: Catawba (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at htlp:Hh2o.enr.state.nc.us/admin/mavs/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The project area is mostly commercial and industrial development, woodlands, and maintained utility rights-of-way. Land use in the vicinity o Page 6 of 13 the nroiect area is comprised of light industrial commercial, residential, and undeveloped woodland. 10. Describe the overall project in detail, including the type of equipment to be used: The project area is approximately 13 acres and is located between US 21 and NC 115 within the Town of Huntersville in northern Mecklenburg County, North Carolina (Attachment C - Figure 1). The proposed project consists of the realignment and widening of the existing Verhoeff Drive from NC 115 to US 21 in the Town of Huntersville, NC. The areas of jurisdictional stream impacts are east and west of the existing US 21 Stream 1 crossing, approximately 600 feet south of the existing Verhoeff Drive and US 21 intersection. 1 Proposed plans call for the extension of an existing pipe and placement of fill (rip-rap) within the bed of the channel for velocity and erosion control. The scope of the proposed roadwaymprovements consists of realigning the US 21 and Verhoeff Drive intersection. The US 21 north and southbound roadway approaches to Verhoeff Drive would consist of three 12-foot lanes, including left and right turn lanes. The existing US 21 roadway consists of two 12-foot lanes. The proposed realigned Verhoeff Drive approach to US 21 would consists of three 11-foot lanes, including left and right turn lanes. Additional improvements to Verhoeff Drive will include 5-foot bike lanes, 5-foot sidewalks, and 2-foot curb and gutters on either side of the proposed roadway. A 7-foot planting strip will also be constructed between the curb and gutter and sidewalk on the south side of the proposed Verhoeff Drive. The existing Verhoeff Drive consists of only two 1I- ' foot lanes. Typical equipment, including dozers, track hoes, and grading _pans, will be used during the construction of the proposed roadwU improvements. 11. Explain the purpose of the proposed work: The purpose of the project is to enhance traffic movements and safety from Verhoeff Drive to US 21, support work traffic, and accommodate existing development in the corridor. Verhoeff Drive is an important east-west connector between US 21 and NC 115. A primary goal of the project will be to eliminate the 90-degree curve in Verhoeff Drive located immediately east of US 21 (Figure 4). A straightened, relocated portion of Verhoeff Drive, encompassing approximately 600 feet, will replace the curve. Pedestrian safety will also be improved through the construction of sidewalks and bike lanes. ' 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 1 construction schedules. Page 7 of 13 s i 1 No previous permit approvals or denials have been issued for this project. A Request for Jurisdictional Determination was submitted to the USACE on February 1, 2006. 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. ate notification will be No future project plans are being considered at this time. Appropri provided should future impacts to waters of the U.S. be proposed. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Impacts to iurisdictional Waters of the U.S. in the project corridor, as described below, include one unnamed tributary to Torrence Creek (Stream 1). The project necessitates pipe extension and stream fill at the proposed relocated Verhoeff Drive and US 21 intersection. Grading and fill associated with the construction of the relocated Verhoeff Drive will result in permanent impacts to 941f (0.011 acre) of Stream 1 upstream and downstream of the existing US 21 crossing. See stream impact table below for the proposed type and extent of impacts to Stream 1. Reference Attachment C - Figures 5 through 7 for site plans showing the location and extent of stream impacts. No other impacts to waters of the U.S., including wetlands, are proposed. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Type of Wetland Located within Distance to Area of ,,Site Number Type of Impact (e.g., forested, marsh, 100-year Floodplain Nearest Stream Impact (acres) (indicate on map) herbaceous, bog, etc.) es/no) (linear feet N/A N/A N/A N/A N/A N/A Total Wetland Impact (acres) N/A 3. List the total acreage (estimated) of all existing wetlands on the property: N/ Page 8 of 13 11 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 Number (indicate on ma) Stream Name Type of Impact Intermittent. Perennial Intermittent? Average Stream Width Before Impact Impact Length (linear feet Area of impact (acres) 1 Stream 1 fill intermittent 4 feet 48 0.006 2 Stream 1 pipe intermittent 4 feet 46 0.005 Total Stream Impact (by length and acreage) 94 0.011 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Name of Waterbody Type of Waterbody Area of Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact (indicate on ma) ocean, etc.) (acres) N/A N/A N/A N/A N/A Total Open Water Impact (acres) N/A 1 e t List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.011 Wetland Impact (acres): 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.011 Total Stream Impact (linear feet): 94 7. Isolated Waters Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only ' applies to waters that have specifically been determined to be isolated by the USACE. r 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 Page 9 of 13 11 1 Describe the method of construction (e.g., dam/embankment, excavation, installation of 1 draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A ' 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 financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Due to the nature of the proiect, avoiding impacts to Stream 1 while achieving the goal of the ' project is not possible There is no practical alternative that would achieve the project purpose to provide enhanced traffic movements and improved access and overall safety in a manner that would avoid or result in less adverse impact to surface waters. Best management practices ' (BMPs)aand appropriate erosion and sedimentation controls will also be installed and maintained d during construction activities to allow for the least adverse effect on aquatic life, habitat, an water duality. The installation and size of pipes (48" RCP) proposed within the impacted stream 1 channel are designed to provide adequate passage of water and support aquatic life. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. ' USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. ' An applicant may also choose to review the current guidelines for stream restoration in DWQ's Page 10 of 13 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. The Council on Environmental Quality(CEQ) has defined mitigation in 40 CFR Part 1508.20 to include: avoiding impacts minimizing impacts, rectifying impacts, reducing impacts over time and compensatin for or impacts Three general types of mitigation include ' avoidance minimization and compensatory mitigation. In an effort to minimize impacts to Stream 1 during and after construction, appropriate sediment and erosion controls will be installed and maintained. Due to the existing "culverted" and urbanized conditions (mowed/grassed banks and alteration of the channel upstream and downstream of existing crossing) of Stream 1 and since the project will result in minimal impacts (less than 100 linear feet and less than 0.10 acre) to an intermittent stream, the Town of Huntersville proposes no compensatory mitigation. 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): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A ' Amount of Coastal wetland mitigation requested (acres): N/A IX.. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of ' public (federal/state) land? Yes ® No ? 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. ' Yes ? No I Page 11 of 13 13. 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. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify V Yes ? No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact Multiplier Required (square feet) Mitigation 1 3 (2 for Catawba) 2 1.5 Total 1 7J * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., ' Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. ' XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss ' stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations ' demonstrating total proposed impervious level. No storm water management is proposed for this minor linear transportation project. Stormwater eminating from the realigned portion of Verhoeff Drive will be handled via roadside ditches as well as curb and gutter. Riprap aprons have been sized appropriately to reduce flow velocity and I Page 12 of 13 minimize potential erosion The contractor will abide by state and local erosion and sedimentation control requirements during grading and construction operations. 1 XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. This project is served by municipal sanitary sewer service. ' XIII. Violations (required by DWQ) ' Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No ' Is this an after-the-fact permit application? Yes ? No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No ' If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: ' No future development associated with this project is anticipated. ' XV. Other Circumstances (Optional): ' It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on ' work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Page 13 of 13 (Agent's signature is valid only if an authorization letter from the applicant is provided.) 0 1 ATTACHMENT B AGENT CERTIFICATION OF AUTHORIZATION AGENT CERTIFICATION OF AUTHORIZATION I, l J? o ?Ae RE"?"r , representing the Town of Huntersville, hereby certify that I have authorized Michael A. Yagnocco. P.W.S. of Ralph Whitehead Associates, Inc., to act on my behalf and take all actions necessary in the processing, issuance, and acceptance of this permit and all standards and special conditions attached. We hereby verify that the above information submitted in this application is true and accurate to the best of our knowledge. Applicant's si /- ?9 ? 06 ' Date 17 QAg signs ? ? a6 Date Completion of this form will allow the agent to sign all future application correspondence. F-1 C r H 0 0 7 11 ATTACHMENT C FIGURES 7 r- k, C G b Y. r1 Project Area WAR 2 4 2006 North Carolina Vicinity Map r m A*-ry DT 3. ca I 4 NNW -I ' `FP QUALV `QIITEHEAD ASSOCIATES, INC. Verhoeff Drive Relocation Project Site Location Map Town of Huntersville Mecklenburg County, NC Figure 1 u e 11 w i 0 30 1 t - In Approximate + - - r ?. 1l =M Project Area J 4 Approximate Scale 1" = 800' 1 1 RALPH WHITEHEAD ASSOCIATES, INC. ?f -- 4 2006 North Carolina Vicinity Map ;;4 STC4?4AWXTFR BRANCH Verhoeff Drive Relocation Project USGS Quad Town of Huntersville Mecklenburg County, NC FIGURE 2 w 1 1 11 Mapped Soils in the Proiect Corridor CeB2 - Cecil sandy clay loam, 2 to 8% slopes, eroded HeB - Helena sandy loam, 2 to 8% slopes VaB - Vance sandy loam, 2 to 8% slopes Val) - Vance sandy loam, 8 to 15% slopes WO - Wilkes loam, 4 to 8% slopes WkD - Wilkes loam, 8 to 15% slopes ® i Scale 1" = 1000' MAR 2 4 2006 hl ' ''T 4 QUALITY 1 1: W, 6 1.. !K tlv RRAMH Verhoeff Drive Relocation Project Town of Huntersville RALPH WHITEHEAD Mecklenburg County, NC ASSOCIATES, INC. Figure 3 Soil Survey Map r r . . rr r? ?r r r r r ?r ?r . . r? r ? ..I (D 0 0C- ?o ?. °, (D n Q O (`DD n O N `G <, O ? N T1 n ? O (D n z crf M ???lT1?yq Q O X. : (D ? C Cl) W m O (D .p :3 a -h Mt. `E :7 (D ? C G7 Z ° °' C/1 :J cn n? _? ° cn w (D Q o TJ No o w o CD 73- o O C- Z3 u:l ?a ?cn a? a No r CD n m O (U Cf) u? .?- ?. ': CD: Cll C > > N O O n. Cl- CL C) A A? b =L CD n U) ° cD Uj CD !?z PROPOSED VERHOEFF DRIVE REALIGNMENT SITE PLAN SEE FIGURE 6 APPLICANT: TOWN OF HUNTERSVILLE ACTIVITY: VERHOEFF DRIVE RELOCATION PROJECT ROUTE: VERHOEFF DRIVE US 21 (STATESVILLE ROAD) PROJECT*': RWA-3252 \ f a R LOCATION: US 21 AT VERHOEFF DRIVE COUNTY: MECKLENBURG STATE: NORTH CAROLINA DATE: FEBRUARY 20, 2006 LEGEND ® STREAM PIPING IMPACT ® STREAM FILL IMPACT 0 200 SCALE STATESVIUE ROAD (US hW ZDW BST RALPH WHITEHEAD ASSOCIATES. INC. CONSULTING ENGINEERS 1000 WEST MOREHEAD STREET SUITE 200 CHARLOTTE. NORTH CAROLINA 28208 FIGURE 5 SITE PLAN OVERVIEW PHONE ":(704)372-1885 FAX ":(704)372-3393 m m ! ? M M ? ? m \ T` STREAM I f \ , \ PLACE 14 CUBIC YARDS OF RIPRAP \ RI AP STREAM FILL IMPACT 16 LF, A=68 SF N ? CB A STREAM PIPING IMPACT A o 46 LF, A=202 SF ? ? C C C____------- --_- C C E STING -R-1W- 1 11f1L 11f1L - - -Ol- T- - - - - - - - - - - - - - - - - -- - - - - -0- - - .0 - - - - - - - - - - - - - - SSj - ----- STATESVILLE ROAD (US HWY 21) 22' BST - ? -T I 71 - - - - - - - - - - X -OH 1- - - - - - - --- ?- - - F ----_- F 00 C C C .. PLACE 8'- 48" R.C. PIPE PLACE J6'- 48" R.C. PIPE o o = p EXISTING 106'- 48" R.C.PIPE PLACE 28 CUBIC YARDS OF RIPRAP o I , EXISTING R/W STREAM FILL IMPACT 32 LF, A=204 SF A (SEE FIGURE 7 FOR SECTION A-A) LEGEND RALPH WHITEHEAD ASSOCIATES.INC. APPLICANT: TOWN OF HUNTERSVILLE LOCATION: US 21 AT CONSULTING ENGINEERS VERHOEFF DRIVE 1000 WEST MOREHEAD STREET ACTIVITY: VERHOEFF DRIVE COUNTY: MECKLENBURG ® STREAM PIPING IMPACT C zoo CHAR ARLOTTE. NORTH CAROLINA 28208 RELOCATION PROJECT ® STREAM FILL IMPACT ROUTE: VERHOEFF DRIVE STATE: NORTH CAROLINA FIGURE 6 US 21 (STATESVILLE ROAD) 0 50 INTERMITTENT STREAM IMPACTS SCALE PROJECT*: RWA-3252 DATE: FEBRUARY 20,2006 PHONE ":(704)372-1885 FAX ":(704)372-3393 SECTION A-A US 21 (STATESVILLE RD) 18+39-00 PROPOSED CENTERLINE nr nnAn 760 750 740 73G 720 PIPE APPLICANT: TOWN OF HUNTERSVILLE ACTIVITY: VERHOEFF DRIVE RELOCATION PROJECT ROUTE: VERHOEFF DRIVE US 21 (STATESVILLE ROAD) PROJECT*': RWA-3252 LOCATION: US 21 AT VERHOEFF DRIVE COUNTY: MECKLENBURG STATE: NORTH CAROLINA DATE: FEBRUARY 20, 2006 LEGEND ® STREAM PIPING IMPACT ® STREAM FILL IMPACT 0 20 SCALE RALPH WHITEHEAD ASSOCIATES. INC. CONSULTING ENGINEERS 1000 WEST MOREHEAD STREET SUITE 200 CHARLOTTE. NORTH CAROLINA 28208 FIGURE 7 CROSS-SECTION VIEW PHONE ": 2Q9)312=1885 FAX ": (704) 372_3383 P-j fl n L 1 t ATTACHMENT D REQUEST FOR JURISDICTIONAL DETERMINATION 1 1000 W. Morehead, Suite 200 Post Office Box 35624 Charlotte, NC 28235 (704) 372-1885 (704) 372-3393 FAX 3505 Koger Blvd., Suite 205 Duluth, GA 30096 (770) 452-0797 (770) 936-9171 FAX 4348 Southpoint Boulevard Suite 310 Jacksonville, FL 32216 (904) 730-9777 (904) 730-7766 FAX 10800 Midlothian Turnpike Suite 302 Richmond, VA 23235 (804) 794-1185 (804) 378-0923 FAX 454 S. Anderson Road Suite135, BTC 517 Business Technology Center Rock Hill, SC 29730 (803) 980-4970 (803) 980-4099 FAX Penn Center West Building Two, Suite 120C Pittsburgh, PA 15276 (412) 809-9550 (412) 809-9551 FAX 105 Wappoo Creek Drive Suite 4A Charleston, SC 29412 ' (843) 406-1958 (843) 406-6875 3301 Woman's Club Drive Suite 111 Raleigh, NC 27612 (919) 791-0108 ' (919) 791-0960 FAX 6405 Metcalf Suite 516 Overland Park, KS 66202 (913) 789-0800 (913) 789-0802 (Fax) 1 1 If enclosures are not.as indicated, kindly notify us at once RALPH WHITEHEAD ASSOCIATES, INC. Consulting Engineers Charlotte Atlanta Jacksonville Richmond Rock Hill Pittsburgh Charleston Raleigh Kansas City To: U.S. Army Corps of Engineers Ms. Amanda Jones Regulatory Field Office-Asheville 151 Patton Avenue, Room 208 Asheville NC 28801 WE ARE SENDING YOU: LIMER OO F U MHZUIJtJMAL Date: 2/1/06 Job No. 3252 Attention: Amanda Jones RE: Request for Jurisdictional Determination Approximate 13-Acre Verhoeff Drive Relocation Project Mecklenburg County, North Carolina Attached Under separate cover via the following items: Shop Drawings Prints Specifications Copy of Letter Plans Change Order Samples Copies Date No. Description 1 2/1/06 1 Jurisdictional Determination Report and Request for Verification These are transmi tted as checked belo w: For Approval Approved as submitted For your use Approved as noted As requested Returned for corrections For Bids Due For review & comment Remarks Resubmit copies for approval Submit copies for distribution Return corrected prints Prints returned after loan to us Ms. Jones, Attached, please find the Jurisdictional Determination Report and Request for Verification for the Approximate 13-Acre Verhoeff Drive Relocation Project. Please do not hesitate to contact us at (704) 372-1885 if you have any questions. Copy to Signed Mike lagnocco N:\PROJ\3252\Environmental\Permit\USACE JD Transmittal.doe J 7 REQUEST FOR JURISDICTIONAL DETERMINATION DATE: January 20, 2006 COUNTY Mecklenburg County. North Carolina TOTAL ACREAGE OF TRACT - 13 acres PROJECT NAME (if applicable) Verhoeff Drive Relocation PROPERTY OWNER/APPLICANT (name, address and phone): Town of Huntersville Mr. David Jarrett P.O. Box 664 Huntersville, North Carolina 28070 NAME OF CONSULTANT, ENGINEER, DEVELOPER (if applicable): Ralph Whitehead Associates, Inc. Mr. Michael Iagnocco, PWS 1000 W. Morehead St., Suite 200 Charlotte, North Carolina 28208 STATUS OF PROJECT (check one): ( ) On-going site work for development purposes ( 7Q Project in planning stages (Type of project: road relocation, including realignment and widening) ( ) No specific development planned at present ( ) Project already completed (Type of project: ) ADDITIONAL INFORMATION REQUIRED: Check items submitted - forward as much information as is available. At a minimum, the following first two items must be forwarded. (X) USGS 7.5' Cornelius NC Topographic Quadrangle (Figure 1) (X) NRCS Mecklenburg County Soil Survey (Figure 2) (X) Approximate Jurisdictional Boundary Field Map (Figure 3) (X) Proposed Impacts (X) Pre-Construction Notification Pursuant to a Nationwide Permit No. 14 (X) Agent Certification of Authorization Form (attached) (X) Stream Classification Forms (attached) (X) Routine On-Site Data Forms (attached) (X) Representative Photographs (attached) Signature o P rty Owner or Auth ' ed A ent Mr. Michael Iagnocco, PWS J 1 1 ATTACHMENT E STREAM QUALITY ASSESSMENT FORMS 1 t North Carolina Division of Water Quality - Stream Identification Form; Version 3.1 Date: 11/02/2005 Project: Verhoeff Drive Latitude: 35.3896°N Evaluator: Steven Busbee Site: SA-1 Longitude: 80.8477°W Total Points: Other Important Intermittent Stream is at least intermittent County: e.g. Quad Name: if? 19 or perennial if ? 30 23.001 Mecklenburg Stream 1 A. Geornorpholo (Subtotal= 13.5 ) Absent Weak Moderate Strong 1a. Continuous bed and bank 2. 0 1 2 3 2. Sinuosity 2. 0 1 2 3 3. In-channel structure: riffle-pool sequence 1. 0 1 2 3 4. Soil texture or stream substrate sorting 1. 0 1 2 3 5. Active/relic floodplain 0. 0 1 2 3 6. Depositional bars or benches 2. 0 1 2 3 7. Braided channel 0, 0 1 2 3 8. Recent alluvial deposits 2. 0 1 2 3 9 a Natural levees 0, 0 1 2 3 10. Headcuts 2. 0 1 2 3 11. Grade controls 0.5 0 0.5 1 1.5 12. Natural valley or drainageway 1. 0 0.5 1 1.5 13. Second or greater order channel on existing USGS or NRCS map or other documented evidence. 0. No= 0 Yes= 3 Man-made ditches are not rated: see discussions in manual R WwArnlnnv (Ci ihtntal = 511 1 14. Groundwater flow/discharge 1. 0 1 2 3 15. Water in channel and > 48 hrs since rain, or Water in channel -- d or rowin season 1. 0 1 2 3 16. Leaflitter 1. 1.5 1 0.5 0 17. Sediment on plants or debris 0, 0 0.5 1 1.5 18. Organic debris lines or piles (Wrack lines) 0. 0 0.5 1 1.5 19. Hydric soils (redoximorphic features) present? 1. No = 0 Yes = 1.5 t^ Rinlnnv !Ri ihtntal = 11_S(1 1 20 . Fibrous roots in channel 1. 3 2 1 0 21 b. Rooted plants in channel 2. 3 2 1 0 22. Crayfish 0. 0 0.5 1 1.5 23. Bivalves 0, 0 1 2 3 24. Fish 0. 0 0.5 1 1.5 25. Amphibians 0.5 0 0.5 1 1.5 26. Macrobenthos (note diversity and abundance) 0, 0 0.5 1 1.5 27. Filamentous algae; periphyton 0. 0 1 2 3 28. Iron oxidizing bacteria/fungus. 0. 0 0.5 1 1.5 29 . Wetland plants in streambed 0.0 FAC = 0.5; FACW = 0.75; OBL = 1.5 SAV = 2.0; Other = 0 Items 20 and 21 focus on the presence oT uplana plants, item ZU Tocuses on the presence or aquatic or wenana plants. Sketch: Notes: (use back side of this form for additional notes.) Chironomid macrobenthos abundant F-7, J 1 J 1 OFFICE USE ONLY: USACE AID# DWQ # SA-1 : Important Intermittent Stream 1 STREAM QUALITY ASSESSMENT WORKSHEET M 1. Applicant's Name: Town of Huntersville 2. Evaluator's Name: Steven Busbee 3. Date of Evaluation: 11-2-05 4. Time of Evaluation: 2:00 pm 5. Name of Stream: Unnamed Tributary to Torrence Creek 6. River Basin: Catawba 7. Approximate Drainage Area: 50 acres 8. Stream Order: 1st 9. Length of Reach Evaluated: -1001f 10. County: Mecklenburg 11. Location of reach under evaluation (include nearby roads and landmarks): From Charlotte, take I-77 N to Exit 23. Turn right onto Gilead Road then right onto US 21 and go approximately one and three-quarters miles. Existing stream crossing is approximately 400 feet south of the intersection of existing_Verhoeff Dr and US 21 12. Site Coordinates (if known): 35.38960N 80.8477°W 13. Proposed Channel Work (if any): N/A 14. Recent Weather Conditions: sunny cool 15. Site conditions at time of visit: sunny cool 16. Identify any special waterway classifications known: -Section 10 -Tidal Waters -Essential Fisheries Habitat -Trout Waters -Outstanding Resource Waters _ Nutrient Sensitive Waters -Water Supply Watershed (I-IV) 17. Is there a pond or lake located upstream of the evaluation point? YEG If yes, estimate the water surface area: 18. Does channel appear on USGS quad map? YEN 19. Does channel appear on USDA Soil Survey? YES NO 20. Estimated Watershed Land Use: 5 % Residential 5 % Commercial 5 % Industrial % Agricultural 85 % Forested _% Cleared / Logged _% Other ( 21. Bankfull Width: 2-5' 22. Bank Height (from bed to top of bank): 2-8' 23. Channel slope down center of stream: -Flat (0 to 2%) X Gentle (2 to 4%) -Moderate (4 to 10%) -Steep (>10%) 24. Channel Sinuosity: Straight -Occasional Bends X Frequent Meander -Very Sinuous -Braided Channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 46 Comments: Evaluator's Signature "A?? Date //- Zip This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers in order to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 05/03. To Comment, please call 919-876-8441 x 26. DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: Verhoeff Drive Relocation Proiect Date: 11-2-05 Applicant / Owner: Town of Huntersville County: Mecklenburg Investigator: Steven Busbee State: NC Do normal circumstances exist on the site? Yes X No Community ID: DP1 Is the site significantly disturbed (Atypical situation)? Yes No X Transect ID: Is the area a potential problem area? Yes No X Plot ID: upland (explain on reverse if needed) VEGETATION 1 I 0 11 '7 1 Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 7- 1. Pinus taeda tree FAC 9. 2. Liriodendron tulipifera tree FAC 10. 3. Junieerus virginiana tree FACU- 11. 4. Corpus Florida tree FACU 12. 5. Cercis canadensis shrub FACU 13. 6. Elaeagnus umbellate shrub 14. 7. Lonicera Laponica vine FAC- 15• g, 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 33% Remarks: Less than 50% of the dominant plants species are FAC or wetter. HYDROLOGY Recorded Data (Describe In Remarks): Wetland Hydrology Indicators _ Stream, Lake, or Tide Gauge _ Aerial Photographs Primary Indicators: Other _ Inundated _ Saturated in Upper 12" No Recorded Data Available _ Water Marks _ Drift Lines Field Observations: _ Sediment Deposits Drainage Patterns in Wetlands Depth of Surface Water: N/A (in.) Secondary Indicators: Oxidized Roots Channels in Upper 12" Depth to Free Water in Pit: >12 (in.) Water-Stained Leaves Local Soil Survey Data Depth to Saturated Soil: >12 (in.) FAC-Neutral Test Other (Explain in Remarks) Remarks: No wetland hydrology indicators are present. 1 n C [?l 0 0 I! SOILS Map Unit Name (Series and Phase): Vance sandy loam 2-8% slopes ( VaB) Drainage Class: well-drained Taxonomy (Subgroup): Typic Hapludults Confirm Mapped Type? Yes No Profile Descriotion: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-4 A 10YR 5/3 None None sandy loam 4->12 B 7.5YR 4/4 None None clay loam Hydric Soil Indicators: _ Histosol _ Concretions _ Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils _ Sulfidic Odor Organic Streaking in Sandy Soils _ Aquic Moisture Regime Listed On Local Hydric Soils List _ Reducing Conditions Listed on National Hydric Soils List Gleyed or Low-Chroma Colors - Other (Explain in Remarks) Remarks: Hydric soil indicators are not present. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes No X Is the Sampling Point Wetland Hydrology Present? Yes No X Within a Wetland? Yes_ No X Hydric Soils Present? Yes No X Remarks: Data point is representative of a non jurisdictional upland area located adjacent to Stream 1, east of US 21. F I- J 0 ATTACHMENT G REPRESENTATIVE PHOTOGRAPHS Photograph 1. View of Important Intermittent Stream 1 (east of US 21). Photograph 2. View of Important Intermittent Stream 1 (west of US 21). Invoice Number Date Voucher Amount Discounts Previous Pay Net Amount Permit Appl. Fee 3/23/06 0024796 200.00 200.00 NC DIVISION OF WATER QUALI Totals GENERAL 1 200.00 200.00 [DWC p MAR 2 4 2006 LIEN R -WATER QUALITY WETLANDS AND STORIUWATER BRANCH