20131045 Ver 1_EEP Letter_20140121

Mr. Richard W. Hancock, P.E.
Project Development and Environmental Analysis Unit
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699 -1548
Dear Mr. Hancock:
Subject: EEP Mitigation Acceptance Letter:
U -5538, AICDZ — Industrial Access Road, Alamance County
References: USACE 404 Nationwide Permit 39 issued October 30, 2013 ( USACE Action ID
2013- 01456)
NCDWR 401 Water Quality Certification issued October 28, 2013 ( NCDWQ Project
ID 2013 -1045)
The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will
provide the additional stream and buffer wetland mitigation for the subject project. Based on the information
provided by you on January 15, 2014, the additional impacts are located in CU 03030002 of the Cape Fear
River Basin in the Central Piedmont (CP) Eco- Region, and are as follows:
Table 1— Additional Impacts
Cape Fear
03030002 (Haw)
Stream
Wetlands
Buffer (Sq. Ft.)
Cold
Cool
Warm
Riparian
Non-
Coastal
Zone 1
Zone 2
CP
Stream
224.0 feet
Riparian
Marsh
(3:1)
(1.5:1)
Impacts (feet/acres)
0
0
38.0
0
0
0
68.0
501.0
*Some of the stream and wetland impacts may be proposed to be mitigated at a 1:1 mitigation ratio. See pennit application for
details on the mitigation proposal.
EEP received the 404 Nationwide Permit 39 and 401 water quality certification for this project in October
2013 and debits for the stream mitigation requirement associated with this project located in Cape Fear
03030002 are required in State fiscal year 2013/14. EEP received payment in the amount of $1,012.86 for the
993.0 buffer mitigation credits required by the NC Division of Water Resources on November 7, 2013.
Table 2 — Total Revised Impacts for TIP U -5538
Permitted
Mitigation Required
Additional Impact
Revised Total
Impact Type
Impacts
under Original Permit
(for approval)
Impacts
(feet / sq feet)
(Credits)
Stream
224.0 feet
428.0 stream credits
38.0 feet
262.0 feet
Buffer — Zone 1
22.0 sq feet
66.0 buffer credits
68.0 sq feet
90.0 sq feet
Buffer — Zone 2
618.0 sq feet
927.0 buffer credits
501.0 sq feet
1,119 sq feet

Mr. Hancock
TIP U -5538 Additional
January 17, 2014
Page Two
All buffer mitigation requests and approvals are administrated through the Riparian Restoration Buffer
Fund. The NCDOT will be responsible to ensure that appropriate compensation for the additional buffer
mitigation will be provided in the agreed upon method of fund transfer. Upon receipt of the NCDWR's Buffer
Authorization Certification, EEP will transfer funds from the NCDOT 2984 Fund into the Riparian Restoration
Buffer Fund. Upon completion of transfer payment, NCDOT will have completed its riparian buffer
mitigation responsibility for TIP Number U -5538. Subsequently, EEP will conduct a review of current
NCDOT ILF Program mitigation projects in the river basin to determine if available buffer mitigation credits
exist. If there are buffer mitigation credits available, then the Riparian Restoration Buffer Fund will purchase
the appropriate amount of buffer mitigation credits from NCDOT ILF Program.
This mitigation acceptance letter replaces the mitigation acceptance letters issued on September
10 and 24, 2013. This impact and associated mitigation need were not projected by the NCDOT in the 2013
impact data. EEP will commit to implement sufficient compensatory mitigation credits to offset the additional
impacts associated with this project as determined by the regulatory agencies using the delivery timeline listed
in Section F.3.c.iii of the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement
Program In -Lieu Fee Instrument dated July 28, 2010. If the above referenced impact amounts are revised, then
this mitigation acceptance letter will no longer be valid and a new mitigation acceptance letter will be required
from EEP.
If you have any questions or need_ additional information, please contact Ms. Beth Hannon at 919
707 -8420.
Sincerely,
Jai e B
EEP Asset Management Manager
Cc: Mr. Andy Williams, USACE — Raleigh Regulatory Field Office
Ms. Amy Chapman, NC Division of Water Quality
File: U -5538 Additional
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North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699 -1652 / 919- 707 -8976 / http: / /portal.ncdenr.org /web /eep