HomeMy WebLinkAbout20130223 Ver 2_June 2014 Corps impact modification approval_20150618,�,S1T OF>,
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Department of the Army
WILMING70iV DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMING70N, NOR7H C�4ROLINA► 28403-1343
June 6, 2014
Regulatory Division
Action ID: SAW-2001-21125
Mr. J.M. Mills, P.E.
Division Engineer, Division 7
Noi�th Carolina Depai�tment of Transportation
Post Office Box 14996
Greensboro, Not�th Carolina 27415
Dear Mr. Mills:
Reference the Department of the Army (DA) pei�rnit issued on August l, 2013, to Mr.
Gregory J. Thorpe, of the North Carolina Department of Transportation (NCDOT) for impacts
associated with the new location project identified as U-2524CD. The project, identified as U-
2524CD, is a 4.8 mile, six-lane divided facility on new location extending from north of SR 2176
(Bryan Boulevard) to SR 2303 (Lawndale Drive) iri Greensboro, Guilford County, North
Carolina. Section C of this project begins immediately north of SR 2176 (Bryan Boulevard) and
terminates immediately east of US220 (Battleground Avenue) and Section D begins immediately
east of Battleground Avenue and ends at SR 2303 (Lawndale Drive). Further reference the DA
Permit Modification issued to your office by letter dated March 25, 2014. The description of the
project and authorized permit modifications remain unchanged from that letter.
By electronic mail dated May 7, 2014 Mr. Gregory Price of NCDOT notified this office that
compensatory mitigation requirements from utility impacts authorized in the August 1, 2013 DA
permit had partially satisfied the additional compensatory mitigation required in the March 25,
2014 Permit Modification, and requested that the Permit Modification be cor�ected. Specifically,
0.01 acre of the 0.02 acre (rounding from 0.024 acre) of riparian wetlands impact referenced in
the Permit Modiiication was permitted as a permanent impact (mechanized land clearing, Utility
Permit Drawing sheet 5) in the original DA Permit, and compensatory mitigation at a 2:1 ratio
was already satisfied for this portion of impact. As such, the remaining unmitigated portion of
this permanent wetland impact area is 0.01 acre, to be mitigated at a 2:1 ratio by payment into
the North Carolina Ecosystem Enhancement Program.
Based upon this evaluation the Coips determines that your request is appropriate and reasonable,
and no public notice is required for this modification. Therefore, the permit is modified with the
amended compensatory mitigation requirement. This referenced work must still be constructed
per the DA Permit Modification issued to your office by letter dated March 25, 2014.
'' t
In addition, the following special condition regarding additional compensatory mitigation has
been incolporated:
x) 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 incoiporated as special conditions
of this permit authorization.
All other conditions of the permit, including the permit expiration date of December 31, 2018,
remain in effect as written. Should you have questions, contact Mr. David E. Bailey, Raleigh
Regulatory Field Office at telephone (919) 554-4884, Extension 30.
Sincerely,
�.
�� Steven A. Balcer
Colonel, U.S. Army
District Commander
Attachment: Copy of March 25, 2014 DA Permit Modiiication
Copy Furnished:
Mr. Dave Wanucha
Transpoi�tation Permitting Unit
Division of Water Resources
Noi�th Carolina Department of Natural Resources
585 Waughtown Street
Winston-Salem, North Carolina 27107
Ms. Sue Homewood
Division of Water Resources
North Carolina Department of Natural Resources
585 Waughtown Street
Winston-Salem, North Carolina 27107
Mr. Jerry Parker
Division Environmental Supervisor, Division 7
North Carolina Department of Transpor-tation
Post Office Box 14996
Greensboro, North Carolina 27415
2
U.S. Fish and Wildlife Services
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 28516
Mr. Todd Bowers
U.S. Environmental Protection Agency Region 4
Wetlands and Marine Regulatory Section
61 Forsyth Street, Southwest
Atlanta, Georgia 30303
3
U.S. ARN1Y CORPS OF ERlCINEERS
Wilmington District
Cornpensatorv fVliti�ation Responsibilitv Transfer Forrr�
Permittee: North Carolina Department of Transportation Action ID: SAW-2001-21125
Project Name: fVCD07/U-2524CD/Division 7 County: Guilford
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 Ecosystem Enhancement Program (NCEEP), 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 to the U.S. Army Corps of Engineers (USACE) 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 must verify that the mitigation requirements (credits) shown below are available at
the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not 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 bank ledger to the Permittee, the USACE Project
Manager, and the Wilmington 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
7,717
Cold � Riparian Riverine � Riparian Non-Riverine � Non-Ri
6.14
Coastal
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mit
Stream M
Warm
14,758
ion Requirements:
3tion (credits)
Cool Cold
HUC and Basin: 03030002, Cape Fear River Basin
Wetland Miti�ation (credits)
arian Riverine Riparian Non-Riverine Non-Riparian Coastal
10.55
Mitigation Site Debited: North Carolina Ecosvstem Enhancement Pro�ram (NCEEP)
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCEEP, list NCEEP. If the NCEEP
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 NCEEP), as approved by the USACE, are
currently available at the mitigation site identified above, Further, I understand that if the Sponsor fails 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 IVame:
Name of Sponsor's Authoriaed Representative:
Signature of Sponsor's Authorized Representative
Date of Signature
Page 1 of 2 Form Updated 23 October, 2013
USACE Wilmingfon Districi
Corripensatory Mitigation Responsibility iransfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE 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 USACE 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. For authorized impacts conducted by
the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon
permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of
permit issuance. NCDOT remains fully responsible for the mitigation until the USACE 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 USACE 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 USACE, the Sponsor must obtain case-by-case approval from the USACE 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 USACE administrative records for both
the permit and the Bank/ILF Instrument.
Comments/Additional Conditions:
• T'his Form supersedes the Compensatory Mitigation Responsibility Transfer Form dated
March 25, 2014 thai was included as pari of the DP► Permit Modification of the same date.
• Noie that responsibility for 14,758 Stream credits (of the currently required 14,75� Stream
credits) and 10.53 Riparian Wetland credits (of the currently required 10.55 Riparian Wetland
crediis) was already accepted by IVCEEP on August 27, 2013. As such, the permittee must
secure 0.02 Riparian Wetland Credits from the NCEEP to satisfy the remaining Compensatory
Mitigation Requirement for the current permit modification.
This form is not valid unless signed below by the USACE 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; 1J the Permittee, 2) the
U5,4CE Project Manager at the address below, and 3J the Wilmington Disfrict Mitigation Office, Attn: Todd Tugwell,
11405 Falls of Neuse Road, Wake Forest, NC27587 (email: todd.tugwell@usace.army.milJ. Questions regarding this form
or any of the permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: David Bailey
USACE Field Office: Raleigh Regulatory Field Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Email: David.E.Bailev2@usace.armv.mil
� June 6, 2014
USACE 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.mil.
Page 2 of 2
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 our website at http://regulatorv.usacesurvev.com/ to complete the survey online.
Thames, Joyce �4 S�4UV
From: Price, Gregory W [gwprice@ncdot.gov]
Sent: Wednesday, May 07, 2014 9:53 AM
To: Bailey, David E SAW; Wanucha, Dave
Cc: Parker, Jerry A; Thomson, Nicole J; Beauregard, Rachelle
Subject: [EXTERNAL] RE: U-2524C/D Permit Mod Mitigation Number Revision Request
Aftachments: U-2524C Utility Permit sheet 5.pdf
Please see the attached sheet inadvertently left out of previous email. Thanks.
Greg
From: Price, Gregory W
Sent: Wednesday, May 07, 2014 9:48 AM
To: Bailey, David E SAW (David.E.Bailev2(�usace.army.mil); dave.wanucha@nedenr.�ov
Cc: Pari<er, Jerry A; Thomson, Nicole 7; Beauregard, Rachelle
Subject: U-2524C/D Permit Mod Mitigation Nutnber Revision Request
Thanl< you for issuing the permit modification for U-2524C/D this past March and April. NCDOT
is requesting a revision in the mitigation requirements. The wetland that was added between
Permit Sites 13 and 14 was partially accounted for (0.01 acres of inechanized clearing) in the
Utility Drawings submitted with the original permit application (See attached sheet). The
total wetland acreage is 0.024 which should round to 0.02 acreage. When the utility impact
is factored in, there should be only 0.01 acres of additional impact. That impact at a 2:1
mitigation ratio should be 0.02 acres. Therefore through EEP, total wetland mitigation
should be 10.55 acres (10.53 acres already accounted for) instead of 10.58
Permit Mod dated March 25, 2014. If you concur with this accounting, could
revised sheet of the 404/401 mod showing this revision? Let me know if you
clarification. Thanl< you.
Greg Price
Central Region Environmental Specialist
NCDOT Natural Environment Section
Direct: 919-707-6148
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