Loading...
HomeMy WebLinkAbout20130893 Ver 2_401 Application_20180318ATk ENGINEERS • SURVEYORS • PLANNERS LETTER OF TRANSMITTAL TO: Ms. Karen Higgins DATE: NCDWQ - 401 Wetlands Unit REF: 1650 Mail Service Center Raleigh, NC 27699-1650 WE ARE SENDING YOU: March 2 20 PA ID,A G Lee Oil Company - 17 Water Quality Certification (401 Wetlands Permit - NCDWQ) Five (5) copies of the following: Wetlands Pre -Construction Notification Form, Wetlands Impact Narrative, Bachelors Delight Mitigation Bank- Payment Credit Receipt dated 9/15/16; Wetlands Impact Maps (Sheets 1 & 2 of 2) DELIVERY VIA: 0 Regular Mail ❑ Hand ❑ UPS Overnight ❑ UPS Ground THESE ARE TRANSMITTED AS CHECKED BELOW: 0 For Approval ❑ As Requested ❑ For Your Use ❑ For Bids Due ❑ Other COMMENTS: ❑ Federal Express ❑ Other ❑ For Review and Comment Karen, we are repermitting the wetlands impact as directed by Rachel Capito with the USACE. The impact mitigation has been paid for and our client is waiting for his tenant's lease to expire before constructing the drainage and impacts. Jonathan L. McDaniel, P.E. Vice President Copies To: Rachel Capito - USACE (email LOT only) JLM/jhs CF (P), LAM, AGM (if enclosures are not as noted, kindly notify us at once) Secretary.0.JLM. LOT. Higgins. AGLeeOi1. WaterQual ityCert.3.2.18 306 New Bridge Street I P.O. Box 976 I Jacksonville, NC 28541-0976 I (910) 455-2414 I Fax (910) 455-3441 Firm License Number F-0108 I www.parkerengineeringandsurveying.com \0 r6t WA ZT AT C19 1 1 > y Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Page 1 of 10 PCN Form — Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑X Yes ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): 0 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes Q No For the record only for Corps Permit: ❑ Yes Q No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑X Yes ❑ No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. Yes ❑ No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes Q No 2. Project Information Cl 2a. Name of project: N/A 2b. County: Onslow 2c. Nearest municipality / town: Jacksonville 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information qR 3a. Name(s) on Recorded Deed: A. G. Lee Oil Company, Inc. p Deed Book 813, Page 226 F S Albert G. Lee, President 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 110 Roxy Dr. 3e. City, state, zip: Selma, NC 27576 3f. Telephone no.: (919) 934-6013 3g. Fax no.: (919) 934-1479 3h. Email address: Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Jonathan L. McDaniel, PE 5b. Business name (if applicable): Parker & Associates, Inc. 5c. Street address: 306 New Bridge Street 5d. City, state, zip: Jacksonville, NC 28540 5e. Telephone no.: (910) 455-2414 5f. Fax no.: (910) 455-3441 5g. Email address: paitext@bizec.rr.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): Tax ID's 345-1.2 and 345-1.7 1 b. Site coordinates (in decimal degrees): Latitude: 34.786501 Longitude: -77.378636 1 c. Property size: 1.48 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Northeast Creek 2b. Water Quality Classification of nearest receiving water: C; NSW 2c. River basin: White Oak 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: Site is developed with an existing gas station, and adjacent to other commercial properties. 3b. List the total estimated acreage of all existing wetlands on the property: 0.24 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 206 3d. Explain the purpose of the proposed project: See Wetlands Impact Narrative 3e. Describe the overall project in detail, including the type of equipment to be used: See Wetlands Impact Narrative 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project(including all priorphases) in thepast? 0 Yes ❑ No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary 0 Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Corey Novak Agency/Consultant Company: Other: Land Management Group, Inc. 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 1/25/10, Action ID: SAW -2009-02255, Jurisdiction Determination Attached (Map also signed 1/25/10) 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? 0 Yes ❑ No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. A portion of the wetlands are impacted in Permit No. 2005-9988695 by the NCDOT for the Piney Green Rd Expansion (see Sites 9 & 10) 6. Future Project Plans 6a. Is this a phased project? ❑X Yes ❑ No 6b. If yes, explain. The impacts by the NCDOT and the property owner are separate. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑X Wetlands © Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWO (401, other) 2f. Area of impact (acres) W1 P Culvert Headwater Wetland No Corps 0.09 W2 Choose one Choose one Yes/No - W3 - Choose one Choose one Yes/No - W4 - Choose one Choose one Yes/No - W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No - 2g. Total Wetland Impacts: 0.09 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 P Culvert UT to Northeast Creek INT Corps 6 167 S2 - Choose one - S3 - Choose one _ S4 - Choose one S5 - Choose one _ S6 - Choose one 3h. Total stream and tributary impacts 167 3i. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number (if applicable) Type of impact Waterbody Area of impact (acres) Permanent (P) or type Temporary T 01 - Choose one Choose 02 - Choose one Choose 03 Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments.- omments:5h. 5h.Is a dam high hazard permit required? Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation. then vou MUST fill out Section D of this form. 6a. Project is in which protected basin? [] Neuse 0 Tar -Pamlico Catawba ❑ Randleman 0 Other: 6b. Buffer Impact number — Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet B1 - Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. See Wetlands Impact Narrative 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The 0.09 AC fill area for parking areas will utilize appropriate erosion control measures and be scheduled accordingly to provide minimal impacts. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑X Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ Q Corps 2c. If yes, which mitigation option will be used for this project? 0 Mitigation bank ❑Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Bachelors Delight Mitigation Bank 3b. Credits Purchased (attach receipt and letter) Type: Riparian wetland Type: Stream Type: Choose one Quantity: 0.09 acres Quantity: 167 LF Quantity: SeeWetlands ImpactNarrative 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes Q No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified Yes Q No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 2b. Does this project require a Stormwater Management Plan? ❑X Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the A City of Jacksonville stormwater permit will be required at the time of future expansion. plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? ❑X Phase II 3b. Which of the following locally -implemented stormwater management programs ❑ NSW apply (check all that apply): ❑ USMP ❑ Water Supply Watershed 0 Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑Yes ❑X No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑HQW 4a. Which of the following state -implemented stormwater management programs applyORW (check all that apply): HSession Law 2006-246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes Q No use of public (federal/state) land? 1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ❑ Yes ❑ No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑Yes Q No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑Yes ❑X No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in El Yes Q No additional development, which could impact nearby downstream water quality? 3b. If you answered 'yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Wastewater from the project will be collected in the gravity sewer system that is ultimately treated at the treatment facility owned by the City of Jacksonville. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑Yes ❑X No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act Yes Q No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS endangered species in Onslow County, NC NC Natural Heritage Program - Heritage Data, Database Search and Virtual Workroom 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA South Atlantic Management Council's Internet Map Server 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ❑X No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NC State Historic Preservation Office GIS Mapping Application 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ❑ Yes Q No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FEMA CPN 370178 4388J (City of Jacksonville) Albert G. Lee r �`?—/b AppliAqV�VS'geture Applicant/Agent's Printed Name Date (Agent's signature is valid onlydfan authorization letter from the applicant isprovided.) Page 10 of 10 A. G. LEE OIL COMPANY, INC. Wetlands Impact Narrative Project Description (B. 3d and 3e) Wetlands and stream impacts are proposed at the southwest corner of Piney Green Road and US Highway 17 in Jacksonville. This corner consists of two parcels owned by the A.G. Lee Oil Company with an existing BP Service Station (Kangaroo Express). There are two wetland areas located between the existing gas station site and US Highway 17, and already have permitted impacts by the North Carolina Department of Transportation (DOT), see permit No. SAW -2005-9988695. The DOT proposes to fill one of the areas completely, and excavate approximately half of the other area to accommodate their road drainage from the Piney Green Road Expansion Project. The property owner is planning to redevelop the site, and will need to fill/impact the remaining section of wetlands. The project will include piping the existing ditch (RPW) by extending 30" RCP from the end of the DOT's pipe towards the back of the property. The pipe will outlet in the existing centerline of the RPW ditch and have a rip rap apron to slow outlet velocities. The remaining area over the pipe will be filled with select material and paved over for redevelopment of the site. Another existing ditch that combines with the DOT's drainage will be routed around the future development (outside parking), and tie into the proposed rip rap apron at the back of the property. Typical grading and excavation equipment will be used to complete the construction of this project. Justification (D. la) This need is caused only and totally by the North Carolina Department of Transportation taking of additional land for widening the right-of-way of Piney Green Road. While the widening of Piney Green Road has long been deemed a great public need, the additional space required for the additional traffic lanes has required the Department of Transportation to acquire large areas of private property along the corridor. In some instances this taking has resulted in significant adverse effect on the residual properties. Such is the case at this location. The owner believes that the movement of the street right-of-way toward his existing service station, coupled with the new control of access will have negative impacts on business operations. The owner believes future customers will avoid the use of this business, resulting in such loss of revenues that the business will not be able to survive. Similar convenience facilities located to the Southeast along Piney Green Road have already closed, reportedly as a result of similar impacts and a lack of land area which would otherwise have allowed for reconstruction or relocation of the business on the tract. Further, the change in right-of-way will render the site as a zoning non -conformity with regard to City of Jacksonville Land Use and Zoning Setbacks. In such instances major damage to the structure caused by fire or catastrophic environmental events would prevent reconstruction, without relocation, unless special variances were requested and granted. Accordingly, the owner believes that for the business to reasonably survive and compete, the site must be redeveloped. Unlike the businesses mentioned above, the subject property does have additional land area in the back, but in order to reasonably and effectively utilize the land area, the drainage ditch (identified as a wetland and RPW), on the Northwestern side will need to be closed and paved over to provide for parking and vehicular circulation. While there is some possibility that a redevelopment of the site may be accomplished without wetlands impacts, the resulting business would be undersized and non- competitive with the current industry standard. Please see the enclosed "Layout 1.0" showing the existing service station with overlay of the future site including the new right-of-way and DOT curb island. Additionally, it has been determined that the carwash currently on the existing site can not likely be reconstructed during a redevelopment due to the lack of vehicle circulation space. To be competitive with the current industry standard it is important that the new facility be comparable in size and usage to the newer convenience store facilities proposed or being constructed in the area. This generally requires fueling positions numbering between 16 and 24, a convenience store layout model developed by the marketing professionals, and co -locating of a fast food facility. These uses are believed by the property owner to be necessary to remain competitive at this current location. A Wilco -Hess facility was recently submitted to the City of Jacksonville for approval, located just 0.7 miles North of this site on US 17 at its intersection with Wolf Swamp Road. That site is proposed with 24 fueling stations, a convenience store and fast food facility, but also will have additional space for large truck fueling. It is important to the subject tract owner to be as competitive with this proposed facility as is reasonably possible. The collective uses require a circulation pattern that not only functions and be customer friendly, but also be in conformance with the local planning and zoning ordinances which specify drive aisle, parking spacing, loading and unloading, refuse collection and other site related criteria. Meeting these criteria requires utilization of almost all of the property available, and therefore requires closing the existing ditch and impacting the remaining wetlands. Mitigation (D. 3c) To compensate for the permanent impacts proposed, a lump sum payment will be made by the owner into the Bachelors Delight Mitigation Bank. The owner has reserved to purchase credits (see attached letter) for 167 LF of stream and 0.09 acres of riparian wetlands for a total of $69,308.20. These credits are proposed at a ]:I ratio based on the poor quality of the wetlands and RPW being impacted. The wetlands in this location are at the uppermost reach of an unnamed tributary that drains to Northeast Creek. The two wetlands areas were disconnected from each other over a hundred years ago for a railroad that used to be in this location, and the berm which supported the tracks and separates the areas is still visible. Since that time, the Highway 17 corridor through Jacksonville has been heavily commercialized and expanded, and this particular intersection with Piney Green Road is one of the busiest in the city. The combination of commercial development and drainage improvements for stormwater runoff has drastically altered the hydraulic connectivity these wetlands once had. Because of these current conditions, a 1:1 mitigation fee is fare compensation for the proposed permanent impacts. This fee is on top of the many other expenses the owner will face in order to do the construction associated with a complete redevelopment of the site. c3.JWP. PineyGreenRd.Narrative.8.15.13 BACHELORS DELIGHT MITIGATION BANK c/o Land Management Group, Inc. 3805 Wrightsville Avenue, Suite 15 Wilmington, NC 28403 (910) 452-0001 MITIGATION CREDIT INVOICE DATE: September 1, 2016 TO: A.G. Lee Oil Company, Inc. Attn. Mr. Albert Lee P.O. Box 237 Smithfield, NC 27577 PERMIT AGENT: Parker & Associates, Inc. 306 New Bridge Street Jacksonville, NC 28540 ` O PROJECT NAME: A.G. Lee Oil Company — y 17/ iney Gk6en Road Jacksonville NC • •1 CORPS ACTION ID: SAW -2009-0255` BDMB NO. 2016-001 •� INVOICE NO. 2016- 1 e) Credit Type, s _F Fee per Unit Total Stream 167 $391.00 _ $65,297.00 , -f Non -Riparian Wetland* 0.0 $51,422.00 $0.00 I rian Wetland* 0.1 $71,273.00_ $7,127.30 FFa F— � Tota/ 8a/ante Due � $72,424,30 ( Notes: *Wetland credits sold in 0.10 -unit increments ___ Terms: (1) Payment due upon receipt of invoice. All credit reservations expire 45 days from date of invoice. (2) Credit transfer to be completed upon receipt of payment in full. (3) Payment must be made with certified funds. (4) All checks should be made payable to "Bachelors Delight Escrow Account" U. S. ARMY CORPS 4F ENGINEERS � W41Mkoon Di trtct ComDOUSAWm.Nft1fation ftNj9M &jJjt►►Tr�orrm Parmittee. A.G. tee oil Contp"V, hoc. Action W. SAW 200902255 Project Nantes A.G. I" Oil Company gas Mian expansion County: Onslow Imstnrctlons to Permittees 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 for to verify the trarmwfer of tate mitigation responsibility. once the Sponsor. has slgned this form, it is the Permfttee's ensure that to the U.S. Army Corps of Engbuws (USACE) project Manager Identified on respof a Sig to ropy of this lover before conductingpage two to M receipt of a signed authorized imp c% unless Otherwise specified below. if mare 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 "40t Hydrologk: Unit Code, (HUC), multiple forma will be attached to the permit OW the for each Sponsor and/or H UC must be provided to thea separate forms ppropriate mitigation Sponsors. in"Vrns to Sponsor. The Sponsor must verify that the mitigation requirements shown below are available at the identitled site. By signing below, the Sponsor is accepting full responsibility for the Identified bion, whether or not they have received payment from the Permittee. once the form is signed, the t Update of S app>ate kdger and provide a copy of the signed form to the Permittee and to the USACE ponsor eruct update the prop Manager. The Sponsor must also oorrtply with all reporting requirements established in their suthorWng instrumeI"ev Fee ntm ra Pennhted Impacts and Cvnrpaitaatory Mitlgetion Requiremerft Warm Cool Cold Riparian filpartan Non•Riparian Coastal itiWAM Non -ie. Ane 267 0.09 more than onemitigation sponsor will be used for the Perritt only include impacts to be mitigated by this sponsor. Warm cool Cold Riparian fgparlan Rhodne Non-rhwine Non-Nparian Coastal 167 049 Teton Site �bited: (list the name of the bank to be debited. For umbrella banks, also list the a aamptance letter identities specific site. For NCEEP, NCEEP. if the NCEEP specific site, also ('rat the specific site to be debited}. Seeffan to be cam~AY the liNt*otion sponsor Slaftment of Mitigation liability Amor: 1, the undersigned, verity that I am authorized to transactions for the Mitigation Sponsor shown below, and 1 approve Mitigation certify that the Sponsor agree; to aOCe¢i AA resp©rrsibfNty for providing the mitigation Identified in this document (see the table above), aw*dated 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 curtently available at the mitigation site Identified above. Further, I understand that if the Sponsor falls to provide the required compensatory nmklgatlon, the USACE Wilmington District Engineer may ens in evmplianoa associated with the mitigation requirements. Y pursue mneasures against the ,Sponsor to Affitknim Sponsor Names !d%� i% �r%?, L(i3•f l2 j(% RO" qWs Authorized of Page 1 of 2 Date of Form Updated 2 October, 2022 USACE Wilmington Distrkt 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 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. Constructlon within ill ftuctionai arhorned by the hermit identified on qac one of this form can beain only jam the USACE is in rece,ot of a conn of this documenf sl�npri ►,+. ►ko r "�ongr, 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 Sank/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 -rase approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRTj. 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: This form Is not valid unless signed by the mitigation Sponsor and USACE Project Manager. For questions regarding this form or any of the conditions of the permit authorization, contact the Project Manager at the address below. USACE Project Manager: USACE Field Office: Email: David Salley Wilmington Regulatory Field Office US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 USACE Project Manager Signature September 13 7013 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://riblO.usace.grmy.mil. 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, Customer satisfaction Survey located at our website at htto:ll►e_Pulatmxwesurvey.com/tocompiate the survey online. ploase complete the U / A, Wetlands Line (TYP•) Existing Permitted Impacts by NCDOT Permit No. SAW -2005-9988695 ---A End DOT Pipe Begin new ditch ex. 48" CMP (Remove) A! GRAPHIC SCALE: 1"=60' 0 30 60 120 I \P .L \ End DOT Pipe Begin New 30" RC End DOT Impacts Begin Owner Impacts Riparian Wetlands I New DOT Imoact 0.09 Ac. Curb Island \V / iRPW Impact 167 LF V cl . �r / / ��`•�`PLI%A CARO SEAL 37928 Legend: Ac. - Acreage DOT - Department of Transportation ex. - Existing rcp - Reinforced Concrete Pipe R/W - Right-of-way Typ. - Typical Existing Ditch ••• - Proposed Ditch — -- Wetlands Line ,l Pumpkin 1 Center o�A\\fie o• 01ocw �l (I � /C N 00 000 0, goC nnn VICINITY SKE NOT TO SCALE Notes: 1. Wetland Impacts: initial disturbance of these areas shall be limited to only that area minimally needed to allow passage of construction equipment to prepare for the installation of the crossing and to execute upland construction on the opposing side of the crossing. Grubbing or land disturbance of the subject area shall not be performed until the culverts, backfill material, erosion and sediment control materials or devices sufficient to substantially complete the construction and stabilization of the crossing are staged or stockpiled at the location. Due consideration shall be given to impending inclement weather conditions that may adversely affect the completion of the impact in the shortest time practicable. 2. No construction of the impact shall commence in the wetlands until all materials needed for the impact are staged on site. 3. When possible, work in the wetlands shall be done during periods of dry weather. 4. Work in the wetlands shall be completed in the minimum time necessary. 5. Install silt fence at impact. 6. Construct impact. Finish grade area. 7. Install permanent ground cover (sod) on slopes. 8. Maintain silt fence at toe of slope and as needed to prevent erosion. Overall Wetlands Impact Map - Sheet 1 of 2 Project: Owners: Rev. 03/01/18 JLM - for renewal date PARKER &ASSOCIATES, INC. Nationwide Permit 39 A.G. Lee Oil Com an Inc. l� Y� Date: 08/15/13 scale: 1"=60' Consulting Engineers - Land Surveyors - land Planners Parcel ID 031111 & 056031 110 North 9th Stree Field book: N/A Jacksonville, North Carolina ATk 09 Smithfield, NC 27577 File Name: AG Lee - wet impact.dwg P.O. Box 976 - 28541-0976 306 New Bridge Street - 28540 Jacksonville Twp., Onslow Co., North Carolina (919) 934-6013 Disk Name: ACAD 2470 Phone (910) 455-2414 - Fax (910) 455-3441 Drawn: JJL Firm License Number: F-0108 Existing Permitted Impacts by NCDOT- Permit No. SAW -2005-9988695 ex. design 48" RCP \,/ I on / Wetlands Line l (TYP•) \ lll___ XT!__. - 5=11- 11-40' Structure ID LoE FL Inv. C8#1 40.2 39.7 36.7 DI#1 39.9 - 36.3 CB#1 40.5 40.0 37.0 /rte ex. design / 30" RCP End DOT Pipe Begin New 30" RCP r SEAL C' '0% . 37928 %29j� Legend: Ac. - Acreage BOC - Back of Curb DOT - Department of Transportation ex. - Existing FF - Finished Floor FL - Flow Line (Gutter) Inv. - Invert L.F. - Linear Feet RCP - Reinforced Concrete Pipe Typ. - Typical - Existing Ditch -Proposed Ditch -Wetlands Line 44 42 40 38 36 34 32 30 Section "A" Horz. 1"=40' Vert. 1"=4' Proposed NWP 39 Impacts 167 L.F. of RPW (Stream) 0.09 Ac. of Riparian (Wetlands) See Permit No. SAW -2005-9988695 for adjoining NCOOT Impacts GRAPHIC SCALE: 1"=40' 0 20 40 80 Wetlands Impact Map - Sheet 2 of 2 Project; Owners: Rev. 03/01/18 JLM - for renewal date PARKER & ASSOCIATES, INC. Nationwide Permit 39 A.G. Lee Oil Company Date: 08/15/13 Consulting Engineers - Land Surveyors - Land Planners Scale: As Noted Jacksonville, North Carolina Parcel ID 031111 & 056031 110 North 9th Stree Field book: N/A Smithfield, NC 27577 File Name: AG Lee - wet impact.dwg P.O. Box 976-28541-0976 306 New Bridge Street - 28540 2TJL1 Jacksonville Twp., Onslow Co., North Carolina (919) 934-6013 Disk Name: ACAD 2470 Phone (910) 455-2414 - Fax (910) 455-3441 Drawn: JJL Firm License Number: F-0108 09 1