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Home My WebLink About20150931 All Versions_Corps of Engineer Correspondence_20161202Division DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-7343 Action ID No. SAW-2012-00156 November 24, 2016 North Cazolina Department of Transportation Project Development and Environmental Analysis Unit Attn: Mr. Philip S. Harris III, P.E., C.P.M 1548 Mail Service Center Raleigh, North Cazolina 27699-1598 Deaz Mr. Harris: Please reference the Department of the Army permit issued on January 28, 2016 and the permit modification issued May 20, 2016 for the I-77 High Occupancy Toll (HO'1� lanes project (TIP #s I5405, I4750AA and I3311C) which starts norttt of NC 150 in Iredell County and continues south along I-77, deviating from I77 at the I-277 interchange and following I-277 to ternunate at North Brevazd Street in Chazlotte, Mecklenburg County, North Cazolina. The January 28, 2016 permit authorized final impacts for the Cenh�al Section of the project and preliminary impacts for the South and North Sections. The May 20, 2016 permit modification authorized the final impacts for the North Section. Total impacts authorized include the permanent impact to 4,1621ineaz feet of stream channel (of which 2251inear feet is bank stabilization), <0.01 acre of wetland, and <0.01 acre of open water. Temporary impacts include nnpacts to 491 lineaz feet of stream channel, 0.1 acre of wetland, and 0.06 acres of open water. Please additionally reference your September 27, 2016, letter requesting a permit modification authorizing the final impacts for the South Section (STIP Project I-3311 C) of the project. The final design impacts for the South Section aze as follows: Site 4A-S CAL IMPACTS Sheam Site 1-S lA-S Number WA Wetland Im Perm. Fill Excava c�� c�> 0.00 - 0.00 - Stream Imas Mechaniud Clearing (ac) Temp. Fill i�) o.i� 0.17 Pe�' Tem Permanent Bank Temporary F�� P� Channel Stabilization Channel Stream Name/ NRTR ID ill (ac) (ac) impact (I� (I� Impacts (If UT to Irwin Creek / SI (Perennial) 0.05 0.01 225 - 50 UT to Irwin Creek / SG (Intermittent) - <0.01 19 225 �._�-�'L016 DENF-WATERftcSOURCES TRANSPORTA�ISON .'-�RNITTING UNIT Z_g Irwin Creek (Perennial) _ 0.15 - - 270 - 3AS Irw�n Creek (Perennial) _ 0.15 - - 217 - Irwin Creek (Perennial) 3B-S 0.50 0.60 954 - 1,180 954 UT to Irwin Creek / SE 3C-S (Pereanial) 0.01 <0.01 45 - 45 45 Dillons'Irvin I,akes and 4B-S I.ake Jo (Perennial) - 0.02 - - 57 - Dillons Twin Lakes and 5-S Lake Jo (Perennial) - 0.08 - - 350 - UT to Dillons Twin 6-S Lakes and Lake Jo / SC 0.01 <0.01 166 10 40 166 ntermittent UT to Dillons Twin 7-S Lakes and Lake Ja / SB - <0.01 - - 100 - ntermittent TOTAL Stream Impacts 0.57 1.02 1,390 10 2,328 1,390 T'he final design for the South Section has resulted in a decrease of overall permanent impacts to streams by 2,2621f, an increase of overall temporary impacts to streams by 2,3281f feet and increase of total temporary impacts to wetlands by 0.13 acre. The total revised impacts for the entire pmject are as follows: �� WeUand Wetlend g� Sheam n W Opan g�e Impact Type Impact Area �� Impact ►inear Impact Water (ac) faot Type Impact Mea (ac) Permanent 185 Temp Impact 0.06 Im act B� 225 Np NA Central Final permanent Stabilization Impact <0.01 Temporary �P�t 491 Permanent 27 Permanent � Ol Im act Im act Bank North Final NA 0 Stabilization 23 Tem Temporuy 298 �� 0.12 Impact Permanent 1,390 Impact South Final Temp Impact 0.17 B� 10 NA NA Stabilization Temporary 2,328 Impact Total Permanent Impacts <0.01 1,860 <0.01 Total Temporary Impacts 0.23 3,117 0.12 After review of the file and the modification request we have determined, per Special Condi6on 1 of the January 28, 2016 permit, that the proposed modified final plans for the South Section have been minimized to the maximum extent practicable and that the compensatory mitigation plan for the South Section adequately compensates for the proposed impacts for the South Section. Further, we have determined that the proposed changes to the permit are minor and a supplemental public notice is not necessary. Based on coordination with United States Fish and Wildlife Service (USFWS), consultation for the Northern long-eared bat conducted priar to the issuance of the January 28, 2016 permit remains valid for the revised South Sec6on and no fiirther coordination with USFWS is required. Accordingly your permit is hereby modified and a copy of the modified plans aze enclosed. The total impacts suthorized by the January 28, 2016 permit, the May 20, 2016 permit modifcation, and this moditication include the permanent impacts to 1,8601inear feet of stream channel (of which 2581inear feet is bank stabilization), <0.01 acre of wetland, and <0.01 acre of opea water. Temporary impacts include 3,1171inear feet of stream channel, 0.23 acre of wetland, and 0.12 acres of open water. It is understood that all other conditions of the original permit remain applicable. Mitigation for the Central Section and North Section has already been completed. Mitigation for the South Section 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. You should address all questions regazding this authorization to Ms. Crystal Amschler at the Asheville Regulatory Field Office, telephone (828) 271-7980 extension 231. Sincerely, a^r.1�'�---�`R�` '_ C.�- �vin P. Landers Sr. , Colonel, U.S. Army District Commander � Enclosures Copy Furnished (without enclosures): Mr. Johri Sullivari; III, PE Division Adrriinistrator FHWA — NC Division 310 New Bern Avenue, Suite 410 Raleigh, NC 27601 NOAA/National Ocean Seruice 1315 East-west Hwy., Rm 7316 Silver Spring, MD 20910-3282. Mr. Kenneth Riley National Marine Fisheries Service 101 Pivers Island Road Beaufort, NC 28516 Ms. Amy S. Chapman Transporfation Permitting Unit NC Division of Water Quality 1617 Mail Service Center Raleigh, NC27699-1617 Ms. Marla Chambers Westerri Region Highway Project Coordinator , NCWRC 12275 Swift Road Oakboro, NC 28129 US Fish and Wildlife Service Asheville Ec.ological Services Field Office Attn: Marella Buncick 160 Zillicoa Street Asheville, NC 28801-1082 Mr. Todd Bowers Wetlands Protection Section — Region IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW. Atlanta, GA 30303 Mr. Doug Huggett , Division of Coastal Management N.C. Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, NC 28557 Dr. Pace Wilber National Marine Fisheries Service 219 Fort Johnson Road Charleston, South Carolina 29412-9110 North Carolina Dept. of Environmental Quality Division of Water Resources Transportation Permitting Unit Attn: 1VIs. Donna Hood 610 E. Center Ave, Ste 301. Mooresville, NC 28115 Western Region Environmental Program Supervisor II Natural Environment Section Project Development and Environmental Analysis NC Department of Transportation Attn: Ms. Carla Dagnino 1598 Mail Service Center Raleigh, NC 27699-1598 North Carolina Department of Transportation Mr. Rodger Rochell, P.E., Technical Services Administrator 1516 Mail Service Center Raleigh, NC 27699-1516 NO"CIFiCATION OF ADMINISTRATIVR APPEAL OPTIONS AND PROCESS AND REQI?EST FOR APPEAL —_ -- — — -- :A��lirsi�i:AuiUiCarolinaDeparUucntUf I�iI�V�ii��>�•r: 5:��-?012-OUlJ6 D�ii�:ll/23/3U16 Transpa�tation, Project llevelopment and Em�ironmental Analysis Unit At[n: Mr. Philip S. Harris III, P.F.. Attached is: See Section below ❑ INIT[AL PROFFERED PGRMIT (Standard Permit or Letter of ermission) A � PROFFERF,D PERMIT (Standard Permit or Letter of ermission) B ❑� PERMI'r DLNIAL C ❑ APPROVED JURISDICTIONAL DF,TERMINATION D ❑ PIZF,UMINARY JURISDICTIONAI. DF..TERMINATION E SECTION I- The following identifies your rights and options regarding an administrative appeal of the above decision. Additio�al i��fonnation may be found at http //www usace armv.miVineUfunctions/cw/cecwo/re� or Corps regulations at 33 CPR Part 331. __ _. A: INITIAL PROFFERCD PEl2MIT: You may accept or object to the permi[. • ACCEPT: If you received a Standard Permit, you may sign d�e permit document and rehirn it to the district engineer for final authorization. If you received a Letter of Pennission (LOP), you may accept the LOP and your work is authorized. Your sig�ature on the Standard Permit or acceptance of the LOP means that you accept the pennit in its entirety, and waive all rights to appeal the permit, includi�g its terms and conditions, and approved jurisdictional determinatioos associated with the permit. • OBJECT: If you object to the pennit (Standard or LOP) because of certain terms and conditions therein, you may request that the pennit be modified accordingly. You must complete Section 1[ of this form and return the form to the district engineec Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal thz permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concems, (b) modify the permit to address some o£your objections, or (c) not modify the pennit having detennined that the permit should be issued as previously written. After evaluating your objections, the district en�ineer will send you a proffered pennit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Pennission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Pennit or aceeptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the peimit, including its tenns and conditions, a�d approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sendino the form to the division engineec `Chis form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JiJRISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notiYy the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive alI rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This fonu must be received by the division engineer within 60 days of the date of this notice. • E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regardin� the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Coips district for ftuther instruction. Also you may provide new information for further consideration by tha Corps to reevaluate the JD. SECTION II - RFQUEST FOR APPEAL or OBJECTIONS 7'O AN INITIAL PROPPERED PERMIT REASONS FOR APPE.AL OR 013JtiCTfONS: (Describe your reasons for appealing the decision or your objections to an initiaf proffered permit in dear concisc statements. You may attadi additional information to this form to clarify �vhere yoin� reasons or objections are addressed in the administrative record.) ADD[TIONAL INFORMATION: The appeal is limited to a review of the administrative record, Yhe Corps memorandum for the record of the appeal co�ference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new infonnation or analyses to the record. However, you may provide additional information to clarify the location of information tl�at is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regardin� this decision and/or the If you only have questions regarding tl�e appzal procass you may appeal process you may contact also contact: Mr. Jason Steele, Administraiive Appeal Review Officer Distric[ Engineer, Wilmington Regulatory Division, CESAD-PDO Attn: Crystal Amschler, Project Manager U.S. Army Corps of Engineers, South Atlantic Division Asheville Rceulatory Field Office 60 Forsyth Street, Room I OM15 151 Patton Avenue, Room 208 Atlanta, Georgia 30303-8801 Asheville, North Carolina 28801 Phone: (404) 5625137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any govemment consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a I S day notice of any site investi ation, and will have the o ortunity to artici ate in all site investigations. Date: Telephone number: Signature of ap ellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Ms. Crystal Amschler, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Eugineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Stceet, Room IOM15, Atlanta, Georgia 30303- 8801 Phone: (404) 562-5137