20120673 All Versions_Mitigation Information_20170406

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Regulatory Division/1200A
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 2 840 3-1 343
Action ID: SAW-2009-01449
Marcli 31, 2017
North Carolina Depar[ment of Tra��sportation
Division of Highways
Mr. Philip S. Harris III, P.H., C.P.M.
I`'atural Enviroiiment Section Head
1598 Mail Service Center
Raleigli, North Carolin�ti 27699-1598
Dear Mr. Harris:
COPY
I refer to your De�partment of the Army (DA) Individual Pennit dated Apri] 12, 2013, in
whieh we aulhorizcd tl�e placement of fill n�3terial into 4.05 acre5 of wetlauds and 5,190 linear
feet (I� of streani associated with the construction of secCions A and B of the Shelby Bypass,
IocaYed north of the to�vn of Shelby, in Clevelai�d County, North Carolina (TIP Number R-2707).
This was a phased permit, which only authorized work on Sections A and B. SecYions C, D and E
ti�er� not atithorized to cotnmenec until final design was completed, impacts to waters and
wetlands were miuirnized to the exte��t practicable, and 2fl modilied plans including, but not
limited to, a compensatory mitigalion plan were submitted and a��proved by the US Arnly Corps
of Engineers (Corps).
1 aLso reYer to the letter of Janaary 1 I, 2017, to inodily your Department of the
Army (DA) permit seeking autliorization to pennanently in�pacl 7,644 linear feet of siream, 094
acre of pennanent impacts to ��'etlands liid 3.09 acres of temporary stream impact associated
with Section C of the Shelby Bypass. This modification presents the final design impacts for R-
2707C, a 4.79 mile section of the US 74 Shelby I3ypass Yi-om West of NC 226 to west of NC 15C
in Cleveland County, North Carolina.
This modifcation request included details for each proposed impact site, the upc�ated
mitigation acceptazice letter, stormwater management pla�, permit drawings, ai�d design plans for
Section C. T'his final design of Section C reflects changes to many areas with an overall addition
of 370 linear feet of permanent stream impaats and 0.02 acre of permanent wetland impacts. The
updated pro.jected impacts for t6e overall projec[ (Sections A-E) are 6.05 acres of permanent
wetland impacts and 21,758 linear feet of pennanent stream impacts (20,959 linear feet of fill
and 799 linear feet of Uank staUilization), and 034 acre of temporary stream impact� �����1l7 f2
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-2-
After review of the information you submitted and the inclusion of the following special
conditions, we have determined that your existing DA authorization is modified to include the
work detailed in your submittal dated January 13, 2017 and updated March 30, 2017.
1. All work authorized by this permit must be performed in strict compliance with the
originally approved application and plans for R-2707, which were received on July 2,
2012, the previously approved modification dated October 23, 2013 and the updated
modification request and plans received Jaiivary 13, 2017 and updated March 30, 2017.
2. This permit only authorizes work on Sections A, B and C of TIP R-2707. Construction on
Sections D and E shall not commence until final design has been completed for this
section, the permittee has minimized impacts to waters and wetlands to the maximum
extent practicable, modifications to the plans and a compensatory mitigation plan have
been approved by the Corps. Preliminary plans for R-2707D & E were provided with the
July 2, 2012 application, however, these plans are not to be used for construction
[',l'�!' � "
3. At least two weeks prior to any work in jurisdictional waters and wetlands at Permit Site
6, NCDOT shall notify the Corps of Engineers, Asheville Regulatory Field Office,
NCDOT Regulatory Project Manager of the schedule for impacts in that location so that a
site meeting to review the field conditions can be scheduled. During the field meeting
further actions may be required in order to stabilize the area. This may include, but is not
limited to, better establishment of vegetation from seeding or planting, grading a channel
within the old pond bed and adding grade control to prevent channel migration/down
cutting.
4. 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. Mitigation for R-2707 Sections A& B
were already required by the permit issued April 12, 2013. A Mitigation Responsibility
Transfer Form is attached requiring NCDOT to offset fmal design impacts to Section C
of R-2707.
Printed on � Recycled Paper

-3-
In addition to special conditions stated above, all conditions of the original pernut and its
expiration date of December 31, 2020 remain applicable.
If you have questions, please contact Steve Kichefski at [phone] extension 4234.
Copies Fumished:
NCDOT - Technical Services
Attn: Mr. Roger Rochelle, P.E.
1516 Mail Service Center
Raleigh, NC 27699-1516
Sincerely,
.'�ti�wC�—
Ke ' P. Landers Sr.
Colonel, U.S. Army
District Commander
NCDEQ, DWR - Transportation Pernutting Units
Attn: Ms. Amy Chapman
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
NCDEQ, DWR — Transportation Perxnitting Unit
Attn: Donna Hood
NC DEQ Mooresville Regional Office
610 E. Center Ave.
Mooresville, NC 28115
Ms. Mazella Buncick
U.S. Fish & Wildlife Service
160 Zillicoa Street
Asheville, North Carolina 2880
PriMeE an � RecyUeO Peper

-4-
Mazla Chambers // NCDOT Coordinator
Habitat Conservation Program
NC Wildlife Resources Commission
c/o NCDOT
206 Charter Street
Albemazle, North Cazolina 28001
Ms. Cynthia Van Der Wiele
U.S. EPA - Region 4 NEPA Program Office
c/o USEPA-RTP
109 T.W. Alexander Dr. - Mail Code: E143-08
Reseazch Triangle Pazk, NC 27709
PnMed on� RecyGetl Peper

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatorv Miti¢ation Responsibiliri Transfer Form
Permittee: NCDOT/ Attn: Mr. Philip Harris Adion ID: SAW-2009-01449
Project Name: NCDOT/R-2707/U5 74 Shelby Bypass County: Cleveland
Instructlons 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 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 impactr, unless otherwise specified below. If more than one mitigation Sponsor will be
used to provide the mitigation associated with the permit, or if the impacGs 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 ledgerto 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.
Permkted Impacts and Compensatory Mitlgation Requirements:
Permkted Impacts Re uiring Mitigation* 8-digit HUC and
Stream Imoacts (linear feet)
r v���n, � ['ool Cold Riparian Riverine
7 126 � � 0.94 I I
more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Mitigation Ske Debfted: NCDMS
(Listthe name of the bankto 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).
Sectlon to be completed by the Mitlgatfon Sponsor
Statement of Mitigation Uability 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 responstbility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Adion
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), 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
Name of Sponsor's Authorized
of Sponsor's Authorized Representative
Page 1 of 2
Date of
Form Updated 12 September, 2014

USACE Wilmington District
Compensatory Mitigation Responsibility Trensfer Form, Page 2
Conditions for Transfer of Compensatory MiUgatlon Credk:
• 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.
• Construdion 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 impactr conducted by the North
Carolina Department of Trensportation (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. NCDOTremainsfullyresponsibleforthemitigationuntiltheUSACEhasreceivedthisform,confirmingthatthe
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 retios 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 Conditians: Mitieation for R-2707 Sections A&B were alreadv reauired bv permit issued April 12,
2013 and this additional comoensatorv mitiaation is reauired to offset final desian impactr to R-2707C Section C.
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponwr on Page 1. Once
slgned, the Sponsorshou/d provide toples of thls Jorm along wfth an updated bonk ledger to: 3J the Permlttee, 2J the USACE
Projett Manager at the address below, and 3J the Wllmington D(strkt Mitlgatlon OfJlce, Attn: Todd Tugwe11,11405 Falls
of Neuse Road, Wake Forest, NC27587(emalL• todd.tugwell�usace.army.mllJ. Questions regarding this form or any of the
permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: Steve Kichefski
USACE Field Office: Asheville Regulatory Field O�ce
US Army Corps of Engineers
151 Patton Avenue, Room 208
Email:
Asheville, North Carolina 28801-5006
[e-mail]. mil
KICHEFSKI.STEVEN.L.1 DN:r—IUS!�USGovemmen ou�oD�ou p8539
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Datr. 7017.0331 14:40.08 -01'00'
USACE ProJect Manager Signature
March 31. 2017
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 htto://ribitr.usace.armv.mil.
Page 2 of 2
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