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Home My WebLink About19980260 Ver 3_Corps Permit_20190304¢��;�xT, oF �� "�. � e ' M a a�� '� m a P '';,,allp�"' M , . �o �. �.v��< .rfa _. .��,e STATCS OF Regulatory Division/1200A DEPARTMENT OFTHE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 March 04, 2019 �b .a��Y '�= Action ID: SAW-2017-02112, NC DOT U-2579, D, E, & F, (to include U 2579 C, Phase 2, Sites 1-2), Winston-Salem Northern Beltway, from US 52 to US 3ll (New Walkertown Road), Individual Permit issued January 22, 2018 Mr. Philip S. Harris III, P.E., C.P.M. Natural Environment Section Head North Carolina Department of Transportation Division of Highways 1598 Mail Service Center Raleigh, North Carolina 27699-1598 Dear Mr. Harris: Reference the Department of the Army (DA) permit issued on January 22, 2018, to the North Carolina Department of Transportation, (NC DOT) for impacts associated with the new location project identified as U-2579 C, Phase 2 and U 2579 D, E, & F. The project is a 6.95 miles, six- lane, divided facility, extending east from US 52 to US 311, near Winston Salem, Forsyth County, North Cazolina. Coordinates (in decimal degrees) for the site are 36.1788°N, -80.2166° W. The project area contains unnamed tributaries to Mill Creek, Mill Creek, Trick-Um Creek, unnamed tributazies to Trick-Um Creek, an unnamed tributary to Ogburn Branch, BufFalo Creek, Rough Fark, unnamed tributaries to Rough Fork, umiamed tributaries to Frazier Creek, and sixteen (16) wetland areas in the Yadkin & Roanoke River Basins (8-Digit Cataloging Units 03040101 and 03010103, respectively). Also reference the North Carolina Department of Environmental Quality Water Quality Certification # 004131, dated December 21, 2017. Impacts authorized by the January 2018 phased standard permit included preliminary designs for U 2579 D, E& F. On January 9, 2019, the U.S. Army Corps of Engineers (Corps) received a request from NC DOT to modify the phased standazd permit, SAW No. 2017-02112, to include the fmal design impacts for the U 2579 D, E and F segments, and to include two previous permitted sites from U 2579 C, Phase 2, within this permit modification. These sites were previously referred to as Sites 1& 2, and they were originally permitted under SAW No. 201 7-02 1 1 2. These sites are now Sites 28 & 29 (for Site 1) and Site 30 (for Site 2) and have been modified (See enclosed Permit Modification Impact Sheets 80-89 of 97, dated December 18, 2018). -2- These modifications to the above phased standard permit are for the following impacts: 1) the permanent placement of fill material into 13,5781ineaz feet of jurisdictional stream channel (13,0901inear feet of permanent loss and 4881inear feet of bank stabilization/pipe removal), 608 linear feet of temporary stream impacts associated with U 2579 D, E, & F, and U 2579 C Phase 2 (Sites 1-2 or Sites 28 — 30). Permanent unpacts to wetlands total 1.66 acres of fill, excavation and mechanized clearing. There are no temporary wetland impacts for the above requested modification. These final design modifications have resulted in less impacts to waters of the U.S. than originally permitted on January 22, 2018. (This modification is for 8301inear feet of perxnanent stream channel less than permitted and 0.22 acres of permanent weUand 'unpact less than permitted for U 2579 DEF; and is for 231 lineaz feet of permanent stream channel less than permitted for U 2579 C Phase 2, Sites 1-2). In a letter dated February 5, 2018, the North Carolina Division of Mitigation Services, accepted responsibility for the compensatory mitigation for U 2579 C, Phase 2. Those mi6gated impacts (streams and wetlands) will be subtracted from what is owed for U 2579D, E& F. The Corps has completed the evaluation of your request and has deternuned that it is appropriate and reasonable, and no public notice is required for this modification. This decision had been transmitted to you in a letter dated February 27, 2019; however inaccurate impact amounts were reflected in the letter. Please allow this conected correspondence to supersede the February 27�' letter. As such, the permit is modified as requested and shown in the enclosed "U- 2579DEF: PERNIIT MODIFICATION PACKAGE," Sheets 1-97, dated December 18, 2018. For your information, the following special conditions from the original authorization have been updated to include the new compensatory mitigation requirements and the new modified plan set (it is understood that condition 25 below has been completed): Construction Plans: All work authorized by this permit must be performed in strict compliance with the attached plans, entitled: "U-2579DEF: PERMIT MODIFICATION PACKAGE," Sheets 1-97, dated December 18, 2018. Any modification to these plans must be approved by the US Army Corps of Engineers (Corps) prior to implementation. 25. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. -3- This correspondence contains a proffered modified permit for the above described project. If you object to this decision, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal(RFA) form. If you request to appeal this decision you must submit a completed RFA form to the following address: District Engineer, Wilmington Regulatory Division Attn: Nicholle Braspennicla 69 Darlington Avenue Wilmington, North Carolina 28403 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Apri13, 2019. It is not necessary to submit an RFA form to the Division Office if you do not object to the decision in contained in this correspondence. All other conditions of the pernvt, including the permit expiration date of December 31, 2028, remain in effect as written. Should you have questions, contact Ms. Nicholle Braspenniclac, Charlotte Regulatory Field Office, via email at Nicholle.M.Braspenniclacna,usace.army.mil ar by telephone at (704) 510-0162. FOR THE COMMANDER Sincerely, �°.��/H- ; Robert J. Clark Colonel, U.S. Army District Commander Enclosures: 1. Permit Impact Sheets 1-97, dated December 18, 2018 2. Compensatory Mitigation Responsibility Transfer Form 3. Notification of Administrative Appeal Options Process 4. Request for Appeal Form � Copies Furnished w/o enclosures: Mr. Dave Wanucha Transportation Permitting Unit Division of Water Resources North Carolina Departsnent of Environment and Natural Resoarces 450 West Hanes Mill Rd., suite 300 Winston-Salem, North Carolina 27105 Ms. Amy Euliss Division Environmental Officer, Division 9 North Carolina Department of Transportation 375 Silas Creek Parkway Winston-Salem, North Carolina 27127 Ms. Clair Ellwanger U.S. Fish and Wildlife Services Asheville Ecological Service Field Office 160 Zillicoa Street Asheville, North Cazolina 28801 Mr. Todd Bowers Oceans, Wetlands and Streams Protection Branch Wetlands and Streams Regulatory Section U.S. Environmental Protection Agency-Region 4 Sam Nunn Atlanta Federal Center 61 Forsyth Street, SW Atlanta, Georgia 30303-8931 Ms. Marla Chambers Division of Inland Fisheries North Carolina Wildlife Resources Commission 7121 Mail Service Center Raleigh, North Carolina 27699-1721