20061312 Ver 1_EEP Acceptance Letters_20061206

December 4, 2006
Mr William Wescott
U S Army Corps of Engineers
Washington Regulatory Field Office
Post Office Box 1000
Washington, North Carolina 27889-1000
Dear Mr Wescott
Subject EEP Mitigation Acceptance Letter
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R-2510, US 17 - Washington Bypass, Tar-Pamlico River Basin
(Cataloging Unit 03020104), Northern Outer Coastal Plain
(NOCP) Eco-Region
References U S Army Corps of Engineers Individual Permit, Action ID
Number 199301143 dated January 17, 2006
N C Division of Water Quality 401 Water Quality Certification
and Tar-Pamlico River Buffer Authorization, DWQ Project
Number 2005-0785 dated September 6, 2005
The purpose of this letter is to notify you that the Ecosystem Enhancement
Program (EEP) will provide compensatory riparian and non-riparian wetland mitigation
for the unavoidable impact associated with the above referenced project as prescribed in
the Memorandum of Agreement (Tri-Party MOA) signed on July 22, 2003, between the
N C Department of Environment and Natural Resources (NCDENR), the N C
Department of Transportation (NCDOT), and the U S Army Corps of Engineers
(USACE)
As you are aware, the EEP provided under it's MOU Stream, Wetland, and Buffer
In-Lieu Fee Programs 8,488 credits of warm stream mitigation, 17 06 credits riparian
mitigation, 7 76 credits non-riparian mitigation, and 929,847 square feet of buffer
mitigation for impacts totaling 4,244 4 feet of stream, 8 53 acres riparian wetlands, and
3 88 acres non-riparian wetlands, and 385,780 2 square feet of buffer The NCDOT has
completed the payment for the mitigation associated with the original 404 and 401
permits
stor i FKJV PWiKg_ RV'Ot cH - oa r St y 'N
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center,-Raleigh, NC 27699-1652 / 919-715-0476 / www nceep net
As indicated in the NCDOT's mitigation request letter dated October 19, 2006,
additional compensatory wetland mitigation from EEP is required for approximately 0 45
acre of riparian wetland, 0 65 acre of non-riparian wetland, and 6 322 square feet of Zone
1 riparian buffer impacts The amount of impacts and mitigation to be provided is an
additional amount for this TIP project, however, this is a new mitigation request into the
Tri-Party MOA Program and an additional request for the Riparian Buffer Restoration
Program The EEP will provide the required additional riparian and non-riparian wetland
mitigation through assets available in the Tri-Party MOA Program
Mitigation for the wetland impacts associated with this project will be provided in
accordance with Section X of the Tri-Party MOA EEP will commit sufficient
compensatory riparian and non-riparian wetland mitigation up to 0 90 riparian wetland
credits and 1 30 non-riparian wetland credits to offset the impacts associated with this
project by the end of the MOA year in which permit modification is issued
The NCDOT will be responsible to ensure that the appropriate compensation for
the buffer mitigation will be provided in the agreed upon method of fund transfer Upon
receipt of the NCDWQ's Buffer Certification, the NCDOT will provide the EEP a copy
of the Certification along with a letter verifying the buffer impact/mitigation amounts and
requesting a fund transfer to provide the required compensation The EEP will transfer
funds from the MOA Account (Fund 2984) into the Riparian Buffer Restoration Fund
(Fund 2982) At that time, the EEP will be responsible for the buffer mitigation required
for this project
If the impacts change from the above listed amount, then this mitigation
commitment letter will no longer be valid and a new mitigation commitment letter will be
required from EEP If you have any questions or need additional information, please
contact Ms Beth Harmon at 919-715-1929
Sincerely,
Nay ` ?9 i
Wi ham D Gilmore, P E
EEP Director
cc Mr Scott McLendon, U S Army Corps of Engineers
Mr John Hennessy, Division of Water Quality, Wetlands/401 Unit
Mr Brian Wrenn, Division of Water Quality, Wetland/401 Unit
Mr Steve Sollod, Division of Coastal Management
Mr Mike Thomas, Division of Coastal Management
Mr Gregory J Thorpe, Ph D, NCDOT-PDEA
File R-2510 Additional
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E?. stem
PROGRAM
October 27, 2006
Mr Gregory J Thorpe, Ph D
Environmental Management Director
North Carolina Department of Transportation, PDEA Branch
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Dr Thorpe
Subject EEP Mitigation Acceptance Letter for Additional Impacts
R-2510, Washington Bypass, Beaufort County
References U S Army Corps of Engineers Individual Permit, Action ID Number 199301143
dated January 17, 2006
N C Division of Water Quality 401 Water Quality Certification, DWQ Project
Number 2005-0785 dated September 6, 2005
EEP Mitigation Acceptance Letter dated August 4, 2006 for Wetland, Stream and
Buffer Mitigation through the MOU (In-Lieu Fee) Program
This letter comes to you through the MOA program which will be utilized to provide
compensatory mitigation to offset the additional impacts as per the procedures as outlined in the
Memorandum of Agreement (Tri-Party MOA) signed on July 22, 2003, between the N C Department of
Environment and Natural Resources (NCDENR), the N C Department of Transportation (NCDOT) and
the U S Army Corps of Engineers (USACE)
As you are aware, EEP provided under it's MOU Stream, Wetland and Buffer In-Lieu Fee
Programs 8,488 credits of warm stream mitigation, 17 06 credits riparian mitigation, 7 76 credits non-
riparian mitigation, and 929,847 square feet of buffer mitigation for impacts totaling 4,244 4 feet of
stream, 8 53 acres riparian wetlands, 3 88 acres non-riparian wetlands, and 385,780 2 square feet of
buffer The NCDOT has completed the payment for the mitigation associated with original 404 and 401
permits
The Ecosystem Enhancement Program (EEP) will provide the required additional riparian and
non-riparian wetland mitigation as prescribed in the (Tri-Party MOA) The amount of impacts and
mitigation to be provided is an additional amount for this TIP project, however, this is a new wetland
request into the MOA Program and an additional request for the Riparian Buffer Restoration Program
Based on the information supplied by you in letter dated October 19, 2006, the additional impacts to
wetlands and buffer located in CU 03020104 of the Tar-Pamlico River Basin of the Northern Outer
Coastal Plain Eco-region (NOCP), and are as follows
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NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www nceep net
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Riparian Wetlands 0 45 acre
Non-Riparian Wetlands 0 65 acre
Zone 1 Riparian Buffer 6,322 square feet
All buffer mitigation requests and approvals are administrated through the Riparian Buffer
Restoration Fund in accordance with 15 NCAC 2B 0242 (7) The NCDOT will be responsible to ensure
that the appropriate compensation for the buffer mitigation will be provided in the agreed upon method of
fund transfer Upon receipt of the NCDWQ's Buffer Certification, the NCDOT will provide the EEP a
copy of the Certification along with a letter verifying the buffer impact/mitigation amounts and requesting
a fund transfer to provide the required compensation The EEP will transfer funds from the Fund 2984
into Fund 2982 and commit to provide the appropriate buffer mitigation to offset the additional buffer
impacts associated with this project Only at that time, EEP will be responsible for the buffer mitigation
require&for this project
In accordance with Section X of the Tri-Party MOA, EEP will provide compensatory riparian and
non-riparian wetland mitigation utilizing appropriate mitigation assets located within the same cataloging
unit as the identified impacts EEP commits sufficient compensatory wetland mitigation will be
implemented to offset the impacts associated with this project by the end of the MOA Year in which this
project is permitted, in accordance with Section X of the Tri-Party MOA At this time, EEP does not
have approval to utilize assets located outside of the cataloging unit 03020104 of the Tar-Pamlico River
Bann if sufficient mitigation assets are available in the cataloging unit of the impacts Sufficient
mitigation assets are currently available within the cataloging unit which the impacts are located
However, the EEP is working with the regulatory agencies for alternative strategies to utilize surplus
mitigation assets located throughout the state
If the above referenced impact amounts are revised, then this mitigation acceptance letter will no
longer be valid and a new mitigation acceptance letter will be required from EEP If you have any
questions or need additional information, please contact Ms Beth Harmon at 919-715-1929
Sincerely,
William D Gilmore, P E
EEP Director
cc Mr Bill Biddlecome, USACE-Washington
Mr John Hennessy, Division of Water Quality, Wetlands/401 Unit
Mr Brian Wrenn, Division of Water Quality, Wetlands/401 Unit
Mr Steve Sollod, Division of Coastal Management
Mr Mike Thomas, Division of Coastal Management
Mr Mated Alghandour, P E , NCDOT Project Management/Scheduling Unit
Mr Todd Jones, NCDOT External Audit Branch
File R-2510 Additional