2013-00201 RGP 50 Tearsheet.pdf

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2013-00201 County: Orange U.S.G.S. Quad: NC-Efland/Hillsborough/Chapel Hill
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: NC Department of Transportation
Attn: Michael Turchy
Address: 1000 Birch Ridge Drive
Raleigh, NC 27610
Size (acres) —202 Nearest Town Hillsborough/Chapel Hill
Nearest Waterway Rocky Run/Cates Creek/New Hope Creek/Old Field Creek River Basin Neuse/Cape Fear
USGS HUC 03020201/03030002 Coordinates 36.002464,-79.079548
Location description: The proiect area is located along Interstate Highway 40 (I-40), from the Interstate Highway 85 (I-85)
interchange near Hillsborough to the Durham County line, in Orange County, North Carolina.
Description of projects area and activity: This verification authorizes the construction of NCDOT TIP I-3306A, the widening of I-
40 from a four -lane facility to a six -lane facility, predominantly within the existing median, with 12 foot paved outside
shoulders, a 22 foot median, and improvements to existing interchanges. This authorization consists of 32 distinct crossing sites
(projects):
1) Site 1 (Rocky Run, Wetlands WA) requires the permanent discharge of fill material into 0.02 acre of wetlands and the
temporary discharge of fill material into 67 linear feet (0.03 acre) of stream channel, for construction access and
dewatering [Permit Drawing Sheets 2-51;
2) Site 2 (Stream SA, Wetland WE) requires the permanent discharge of fill material (not a loss of waters) into 102 linear
feet (0.03 acre) of stream channel and 0.37 acre of wetlands, and the temporary discharge of fill material into 20 linear
feet (<0.02 acre) of stream channel, for installation of a supplemental culvert pipe, floodplain bench, bank stabilization,
and associated construction access and dewatering [Permit Drawing Sheets 6-91;
3) Site 3 (Streams SA, SB, and SC, and Wetlands WB and WC) requires the permanent discharge of fill material (loss of
waters) into 40 linear feet (<0.01 acre) of stream channel and 0.053 acre of wetlands, the permanent discharge of fill
material (not a loss of waters) into 146 linear feet (<0.05 acre) of stream channel, and the temporary discharge of fill
material into 109 linear feet (<0.05 acre) of stream channel, for installation of supplemental culvert pipes, channel
realignment, floodplain bench, channel bed and bank stabilization, and associated construction access and dewatering
[Permit Drawing Sheets 6, 7, and 10-171;
4) Site 4 (Stream SC, Wetland WM) requires the permanent discharge of fill material (loss of waters) into I10 linear feet
(<0.02 acre) of stream channel and 0.0304 acre of wetlands, and the temporary discharge of fill material into 26 linear
feet (<0.02 acre) of stream channel, for installation of a supplemental culvert pipe, channel realignment, bank
stabilization, and associated construction access and dewatering [Permit Drawing Sheets 10, 11, and 18-201;
5) Site 5 (Wetland WD) requires the permanent discharge of fill material into 0.013 acre of wetlands for installation of
noise wall [Permit Drawing Sheets 21-231;
6) Site 6 (Stream SD) requires the permanent discharge of fill material (not a loss of waters) into 40 linear feet (<0.01
acre) of stream channel, and the temporary discharge of fill material into 12 linear feet (<0.01 acre) of stream channel,
for bank stabilization and associated construction access and dewaterim [Permit Drawing Sheets 24-251;
7) Site 7 (Stream S5) requires the permanent discharge of fill material (loss of waters) into 78 linear feet (<0.02 acre) of
stream channel and 0.205 acre of wetlands, the permanent discharge of fill material (not a loss of waters) into 16 linear
feet (0.01 acre) of stream channel, and the temporary discharge of fill material into 37 linear feet (<0.02 acre) of stream
channel, for installation of supplemental culvert pipes, channel realignment, channel bed and bank stabilization, and
associated construction access and dewaterim [Permit Drawing Sheets 26-311;
8) Site 8 (Stream SE) requires the permanent discharge of fill material (loss of waters) into 8 linear feet (<0.01 acre) of
stream channel, the permanent discharge of fill material (not a loss of waters) into 13 linear feet (<0.01 acre) of stream
channel, and the temporary discharge of fill material into 11 linear feet (<0.01 acre) of stream channel, for extension of
an existing culvert pipe, bank stabilization, and associated construction access and dewatering [Permit Drawing Sheets
26, 27, and 321;
9) Site 9 (Streams SJ and SK) requires the permanent discharge of fill material (loss of waters) into 105 linear feet (<0.02
acre) of stream channel, the permanent discharge of fill material (not a loss of waters) into 20 linear feet (<0.01 acre) of
stream channel, and the temporary discharge of fill material into 30 linear feet (<0.02 acre) of stream channel, for
installation of supplemental culvert pipes, channel realignment, channel bed and bank stabilization, and associated

construction access and dewatering [Permit Drawing Sheets 33-351;
10) Site 10 (Streams SL, SM, and SR) requires the permanent discharge of fill material (loss of waters) into 52 linear feet
(<0.02 acre) of stream channel, the permanent discharge of fill material (not a loss of waters) into 25 linear feet (<0.01
acre) of stream channel, and the temporary discharge of fill material into 109 linear feet (<0.03 acre) of stream
channel, for installation of a supplemental culvert pipe, channel realignment, channel bed stabilization, and associated
construction access and dewatering [Permit Drawing Sheets 36-381;
11) Site 11 (Stream SL) requires the permanent discharge of fill material (not a loss of waters) into 26 linear feet (<0.01
acre) of stream channel, and the temporary discharge of fill material into 33 linear feet (0.01 acre) of stream channel,
for installation of a supplemental culvert pipe, bank stabilization, and associated construction access and dewatering
[Permit Drawing Sheets 36-371;
12) Site 12 (Stream SL) requires the permanent discharge of fill material (not a loss of waters) into 42 linear feet (0.02
acre) of stream channel, and the temporary discharge of fill material into 21 linear feet (<0.01 acre) of stream channel,
for installation of a supplemental culvert pipe, bank stabilization, and associated construction access and dewatering
[Permit Drawing Sheets 39-401;
13) Site 13 (Stream SL) requires the temporary discharge of fill material into 15 linear feet (<0.01 acre) of stream channel,
for removal of an existing culvert pipe and associated construction access and dewatering [Permit Drawing Sheets 39-
401,
14) Site 14 (Streams SL and SN) requires the permanent discharge of fill material (not a loss of waters) into 92 linear feet
(0.03 acre) of stream channel, and the temporary discharge of fill material into 194 linear feet (<0.05 acre) of stream
channel, for installation of a supplemental culvert pipe, floodplain bench, bank stabilization, and associated
construction access and dewatering [Permit Drawing Sheets 41431;
15) Site 15 (Stream SN) requires the temporary discharge of fill material into 25 linear feet (<0.01 acre) of stream channel,
for removal of an existing culvert pipe and associated construction access and dewatering [Permit Drawing Sheets 44-
461,
16) Site 16 (Streams SS and SBB, and Wetland WU) requires the permanent discharge of fill material (loss of waters) into
93 linear feet (<0.02 acre) of stream channel and 0.019 acre of wetlands, and the temporary discharge of fill material
into 38 linear feet (<0.03 acre) of stream channel, for installation of a supplemental culvert pipe, channel realignment,
bank stabilization, and associated construction access and dewatering [Permit Drawing Sheets 47-501;
17) Site 17 (Stream SIT) requires the permanent discharge of fill material (loss of waters) into 20 linear feet (<0.01 acre)
of stream channel and the temporary discharge of fill material into 10 linear feet (<0.01 acre) of stream channel, for
installation of a supplemental culvert pipe, channel realignment, and associated construction access and dewatering
[Permit Drawing Sheets 51-521;
18) Site 18 (New Hope Creek) requires the permanent discharge of fill material (not a loss of waters) into 30 linear feet
(<0.01 acre) of stream channel, and the temporary discharge of fill material into 10 linear feet (<0.01 acre) of stream
channel, for bank stabilization and associated construction access and dewatering [Permit Drawing Sheets 53-541;
19) Site 19 (Stream SV and Wetland WT) requires the permanent discharge of fill material (loss of waters) into 94 linear
feet (<0.02 acre) of stream channel and 0.01 acre of wetlands, and the temporary discharge of fill material into 10
linear feet (<0.02 acre) of stream channel, for installation of a supplemental culvert pipe, channel realignment, and
associated construction access and dewatering [Permit Drawing Sheets 55-571;
20) Site 20 (Stream SX) requires the permanent discharge of fill material (loss of waters) into 89 linear feet (0.02 acre) of
stream channel and the temporary discharge of fill material into 15 linear feet (<0.02 acre) of stream channel, for
installation of a supplemental culvert pipe, channel realignment, and associated construction access and dewatering
[Permit Drawing Sheets 58-601;
21) Site 21 (Old Field Creek and Wetland WS) requires the permanent discharge of fill material (loss of waters) into 0.031
acre of wetlands, the permanent discharge of fill material (not a loss of waters) into 34 linear feet (<0.01 acre) of stream
channel, and the temporary discharge of fill material into 40 linear feet (0.02 acre) of stream channel, for installation of
roadway fill, bank stabilization, and associated construction access and dewatering [Permit Drawing Sheets 61-641;
22) Site 22 (Stream SAA) requires the permanent discharge of fill material (not a loss of waters) into 10 linear feet (<0.01
acre) of stream channel and the temporary discharge of fill material into 10 linear feet (<0.01 acre) of stream channel,
for bank stabilization and associated construction access and dewatering [Permit Drawing Sheets 65-671;
23) Site 23 (Stream SCC) requires the permanent discharge of fill material (loss of waters) into 90 linear feet (<0.02 acre)
of stream channel and the temporary discharge of fill material into 26 linear feet (<0.02 acre) of stream channel, for
installation of a supplemental culvert pipe, channel realignment, and associated construction access and dewatering
[Permit Drawing Sheets 68-701;
24) Site 24 (Wetland WW) requires the temporary discharge of fill material into 0.005 acre of wetlands for construction of
a roadway cut [Permit Drawing Sheets 68, 69, and 711;
25) Site 25 (Stream SDD and Wetland WK) requires the permanent discharge of fill material (loss of waters) into 39 linear
feet (<0.01 acre) of stream channel and 0.011 acre of wetlands, the permanent discharge of fill material (not a loss of

waters) into 24 linear feet (<0.01 acre) of stream channel, and the temporary discharge of fill material into 28 linear
feet (<0.02 acre) of stream channel, for installation of a supplemental culvert pipe, channel realignment, bank
stabilization, and associated construction access and dewatering [Permit Drawing Sheets 72-741;
26) Site 26 (Wetland WJ) requires the temporary discharge of fill material into 0.004 acre of wetlands for construction of a
roadway cut [Permit Drawing Sheets 75-771;
27) Site 27 (Stream SEE) requires the permanent discharge of fill material (not a loss of waters) into 20 linear feet (<0.01
acre) of stream channel, for channel bed stabilization [Permit Drawing Sheets 78-791;
28) Site 28 (Streams SEE and SGG and Wetland WAA) requires the permanent discharge of fill material (loss of waters)
into 54 linear feet (<0.02 acre) of stream channel and 0.05 acre of wetlands, and the temporary discharge of fill
material into 59 linear feet (<0.02 acre) of stream channel, for installation of a supplemental culvert pipe, channel
realignment, and associated construction access and dewatering [Permit Drawing Sheets 80-831;
29) Site 29 (Stream SEE) requires the permanent discharge of fill material (not a loss of waters) into 17 linear feet (<0.01
acre) of stream channel and the temporary discharge of fill material into 20 linear feet (<0.01 acre) of stream channel,
for bank stabilization and associated construction access and dewatering [Permit Drawing Sheets 84-851;
30) Site 30 (Stream SEE and Wetland WCC) requires the permanent discharge of fill material (loss of waters) into 123
linear feet (0.05 acre) of stream channel and 0.04 acre of wetlands, and the temporary discharge of fill material into 45
linear feet (<0.02 acre) of stream channel, for installation of roadway fill, a supplemental culvert pipe, channel
realignment, and associated construction access and dewatering [Permit Drawing Sheets 86-891;
31) Site 31 (Stream SHH) requires the permanent discharge of fill material (loss of waters) into 34 linear feet (<0.01 acre)
of stream channel and the temporary discharge of fill material into 5 linear feet (<0.01 acre) of stream channel, for
installation of a supplemental culvert pipe, channel realignment, and associated construction access and dewatering
[Permit Drawing Sheets 90-911;
32) Site 32 (Stream SII) requires the permanent discharge of fill material (not a loss of waters) into 12 linear feet (<0.01
acre) of stream channel and the temporary discharge of fill material into 15 linear feet (<0.01 acre) of stream channel,
for bank stabilization and associated construction access and dewatering [Permit Drawing Sheets 92-931.
Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit 50. NCDOT Bridges, Road Widenings and Interchanges
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
Conditions, your application signed and dated 6/28/2022, additional information submitted via email on 7/28, 8/3, 8/4, 8/8, 8/20,
9/6 and 9/12/2022, and the enclosed plans "I-3306A Surface Water and Wetland Impact", Permit Drawing Sheets 1 through 97.
Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order,
a restoration order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general
permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it
complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires
or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide
permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide
and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the
nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on
a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should
contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact David E. Bailey at [phone] or David.E.Bailey2Ausace.army.mil.

�6Z5 "iv Date: 2022.09.15 12:59:22-04'00'
Corps Regulatory Official. Date. 9/15/2022
Expiration Date of Verification: 5/25/2025
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the Customer Satisfaction Survey located at https://regulatory.ops.usace.army.mil/customer-service-survey/.
Copy furnished electronically:
Ryan Conchilla, NCDEQ-DWR

SAW-2013-00204
SPECIAL CONDITIONS
1. 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 Forms (4). The requirements of these forms, including any
special conditions listed on these forms, are hereby incorporated as special conditions of this
permit authorization.
2. The U.S. Fish and Wildlife Service's (USFWS's) Programmatic Biological Opinion (PBO) titled,
"NCDOT Program Effects on the Northern Long-eared Bat in Divisions 1-8", dated November 6,
2020, contains agreed upon conservation measures for the NLEB. As noted in the PBO,
applicability of these conservation measures varies depending on the location of the project. Your
authorization under this Department of the Army permit is conditional upon your compliance
with all applicable conservation measures in the PBO, which are incorporated by reference in this
permit. Failure to comply with the applicable conservation measures would constitute non-
compliance with your Department of the Army permit. The USFWS is the appropriate authority
to determine compliance with the terms and conditions of its PBO, and with the ESA.
3. The U.S. Fish and Wildlife Service's (USFWS's) Programmatic Biological/Conference Opinion
(PBO/PCO) titled "Bridge and Culvert Replacements/Repairs/Rehabilitations in Eastern North
Carolina, NCDOT Divisions 1-8)," dated September 11, 2019, including the June 1, 2021
Addendum for Yellow Lance (Elliptio lanceolata), contains mandatory terms and conditions to
implement the reasonable and prudent measures that are associated with "incidental take" that
are specified in the PBO/PCO. Your authorization under this Corps permit is conditional upon
your compliance with all the mandatory terms and conditions associated with incidental take of
the PBO/PCO, which terms and conditions are incorporated by reference in this permit. Failure to
comply with the terms and conditions associated with incidental take of the PBO/PCO, where a
take of the listed species occurs, would constitute an unauthorized take, and it would also
constitute non-compliance with your Corps permit. The USFWS is the appropriate authority to
determine compliance with the terms and conditions of its PBO/PCO, and with the ESA.
4. The U.S. Fish and Wildlife Service's (USFWS's) Programmatic Conference Opinion (PCO) titled
"Bridge and Culvert Replacements/Repair/Rehabilitation Effects on Carolina Madtom and Neuse
River Waterdog In NCDOT Divisions 2, 4, 5, and 7" dated May 7, 2020, contains mandatory
terms and conditions to implement the reasonable and prudent measures that are associated with
"incidental take" that are specified in the PCO. The USFWS adopted the PCO as the
Programmatic Biological Opinion (PBO) for the effects of this action on August 3, 2021. Your
authorization under this Corps permit is conditional upon your compliance with all the
mandatory terms and conditions associated with incidental take of the PBO, which terms and
conditions are incorporated by reference in this permit. Failure to comply with the terms and
conditions associated with incidental take of the PBO, where a take of the listed species occurs,
would constitute an unauthorized take, and it would also constitute non-compliance with your
Corps permit. The USFWS is the appropriate authority to determine compliance with the terms
and conditions of its PBO, and with the ESA.
Date: 2022.09.15 12:59:06
Corps Regulatory Official:-04'00' Date: 9/15/2022
Expiration Date of Verification: 5/25/2025

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: NC Department of Transportation, Attn: Michael Turchy Action ID: SAW-2013-00201
Project Name: NCDOT / I-3306A / 1-40 widening from 1-85 to the Durham County line County: Orange
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting
authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the
mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic
Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must
be provided to the appropriate Mitigation Sponsors.
Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released
and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified
mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor
must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project
Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on
page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements
Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin: 03020201, Neuse River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
FRiparian Non-Riverine
Non -Riparian
Coastal
437
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03020201, Neuse River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
778
Mitigation Site Debited: EBX-Neuse I - Neu -Con Umbrella Mitigation Bank, Buffalo Branch site
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington
District, are currently available at the mitigation site identified above. Further, I understand that if the Sponsorfails to provide
the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Date July 7, 2020

USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized
impacts conducted bythe North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas
may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District
within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District has received this
form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the District, the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the District administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
• NCDOT provided documentation in the PCN submittal that they had reserved these stream credits from the bank
sponsor.
• The compensatory mitigation required includes 341 If stream impacts at 2:1, and 96 If stream impacts at 1:1.
This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the
District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District
Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to [e-mail]. mil).
Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.
USACE Project Manager: David E. Bailey
USACE Field Office: Raleigh Regulatory Office
US Army Corps of Engineers
3331 Heirtage Tade Drive, Suite 105
Wake Forest, North Carolina 27587
Email: [e-mail]
Date:2022.09.15
13:07:34-04'00' September 15. 2022
Wilmington District Project Manager Signature Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.armV.mi1.
Page 2 of 2

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: NC Department of Transportation, Attn: Michael Turchy Action ID: SAW-2013-00201
Project Name: NCDOT / I-3306A / 1-40 widening from 1-85 to the Durham County line County: Orange
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting
authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the
mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic
Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must
be provided to the appropriate Mitigation Sponsors.
Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released
and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified
mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor
must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project
Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on
page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements
Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin: 03020201, Neuse River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
FRiparian Non-Riverine
Non -Riparian
Coastal
0.3434
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03020201, Neuse River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.6868
Mitigation Site Debited: Restoration Systems - Pancho Stream & Wetland Mitigation Bank
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington
District, are currently available at the mitigation site identified above. Further, I understand that if the Sponsorfails to provide
the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Date July 7, 2020

USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized
impacts conducted bythe North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas
may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District
within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District has received this
form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the District, the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the District administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
• NCDOT provided documentation in the PCN submittal that they had reserved these stream credits from the bank
sponsor.
• The compensatory mitigation required includes 0.3434 acre riparian non-riverine wetland impacts at 2:1.
This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the
District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District
Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to [e-mail]. mil).
Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.
USACE Project Manager: David E. Bailey
USACE Field Office: Raleigh Regulatory Office
US Army Corps of Engineers
3331 Heirtage Tade Drive, Suite 105
Wake Forest, North Carolina 27587
Email: [e-mail]
Date: 2022.09.15
13:09:06-04'00'
Wilmington District Project Manager Signature
September 15, 2022
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mi1.
Page 2 of 2

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: NC Department of Transportation, Attn: Michael Turchy Action ID: SAW-2013-00201
Project Name: NCDOT / I-3306A / 1-40 widening from 1-85 to the Durham County line County: Orange
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting
authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the
mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic
Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must
be provided to the appropriate Mitigation Sponsors.
Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released
and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified
mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor
must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project
Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on
page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements
Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin: 03030002, Cape Fear River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
FRiparian Non-Riverine
Non -Riparian
Coastal
768
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030002, Cape Fear River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
1459
Mitigation Site Debited: Restoration Systems - Cape Fear 02 Umbrella Mitigation Bank, Benton Branch site
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington
District, are currently available at the mitigation site identified above. Further, I understand that if the Sponsorfails to provide
the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Date July 7, 2020

USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized
impacts conducted bythe North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas
may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District
within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District has received this
form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the District, the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the District administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
• NCDOT provided documentation in the PCN submittal that they had reserved these stream credits from the bank
sponsor.
• The compensatory mitigation required includes 691 If stream impacts at 2:1, and 77 If stream impacts at 1:1.
This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the
District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District
Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to [e-mail]. mil).
Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.
USACE Project Manager: David E. Bailey
USACE Field Office: Raleigh Regulatory Office
US Army Corps of Engineers
3331 Heirtage Tade Drive, Suite 105
Wake Forest, North Carolina 27587
Email: [e-mail]
Date: 2022.09.15
13:08:03-04'00'
September 15. 2022
Wilmington District Project Manager Signature Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.armV.mi1.
Page 2 of 2

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: NC Department of Transportation, Attn: Michael Turchy Action ID: SAW-2013-00201
Project Name: NCDOT / I-3306A / 1-40 widening from 1-85 to the Durham County line County: Orange
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting
authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the
mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic
Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must
be provided to the appropriate Mitigation Sponsors.
Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released
and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified
mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor
must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project
Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on
page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements
Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin: 03030002, Cape Fear River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
FRiparian Non-Riverine
Non -Riparian
Coastal
0.1453
0.045
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030002, Cape Fear River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.2906
0.09
Mitigation Site Debited: NCDMS
(List the name of the bank to be debited. For umbrella banks, also list the specific site.
acceptance letter identifies a specific site, also list the specific site to be debited).
For NCDMS, list NCDMS. If the NCDMS
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington
District, are currently available at the mitigation site identified above. Further, I understand that if the Sponsorfails to provide
the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Date July 7, 2020

USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized
impacts conducted bythe North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas
may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District
within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District has received this
form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the District, the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the District administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
• A letter from NCDMS, confirming they are willing and able to accept the applicant's compensatory mitigation
responsibility, dated 9/12/2022, was included with the preconstruction notification.
• The compensatory mitigation required includes 0.1453 acre riparian non-riverine wetland impacts and 0.045 acre
non -riparian wetland impacts at 2:1.
• The Corps understands and accepts that NCDMS does not have the amount of non -riparian wetland credits in this
HUC necessary to cover all non -riparian impacts at 2:1, and so will use riparian non-riverine credits for the
remainder of this requirement after all available non -riparian credits have been exhausted.
This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the
District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District
Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to SAWMITCDusace. army. mil).
Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.
USACE Project Manager: David E. Bailey
USACE Field Office: Raleigh Regulatory Office
US Army Corps of Engineers
3331 Heirtage Tade Drive, Suite 105
Wake Forest, North Carolina 27587
Email: [e-mail]
6%�� Date:2022.09.15
13:08:31-04'00' September 15, 2022
Wilmington District Project Manager Signature Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mi1.
Page 2 of 2

Action ID Number: SAW-2013-00201 County: Orange
Permittee: NC Department of Transportation, Attn: Michael Turchy
Project Name: NCDOT / I-3306A / I-40 widening from I-85 to the Durham County line
Date Verification Issued: 9/15/2022
Project Manager: David E. Bailey
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: David E. Bailey
Raleigh Regulatory Office
U.S Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
or
David.E.Bailey2@usace. army. mil
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date

SAW-2013-00201
A. Determination of Jurisdiction:
1. ❑ There are waters, including wetlands on the above -described project area that may be subject to Section 404 of the Clean Water
Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work
in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.
2. ❑ There are Navigable Waters of the United States within the above -described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC §
1344). This determination may be relied upon for a period not to exceed five years from the date of this notification, provided
there is no change in law or our published regulations or new information that warrants revision of this determination.
3. ❑ There are waters, including wetlands within the above -described project area that are subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). This determination may be relied upon for a period not to exceed
five years from the date of this notification, provided there is no change in law or our published regulations or new information
that warrants revision of this determination.
4. A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may
request an approved JD, which is an appealable action, by contacting the Corps for further instruction.
5. ® The jurisdictional areas within the above -described project area have been identified under a previous action. Please
reference jurisdictional determination issued 8/5/2015. Action ID: SAW-2013-00201.