20120211 Ver 1,_Other Agency Correspondence_20180409

Q���EN� of o�
�
4S �
Q ''lllll � tn
;<•
�C, `Pa
P
�O �TAiLS OF ��
Regulatory Division/1200A
Action ID: SAW-2000-21876
DEPARTMENT OFTHE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
Mr. Philip S. Harris IIl, P.L., C.P.M.
Natural Environment Section Head
North Carolina DepaRment of Transportation
Division of Highways
1598 Mai] Service Center
Raleigh, Nortli Carolina 27699-1598
Dear Mr. Harris:
April O5, 2018
Reference the Department ofthe Army (DA) permit dated July 18, 2012, to Dr. Gregory J.
Tl�orpe, of the North Carolina Department of Transportation (NCDOT) for impaets associated
wiCh the widening and new location project identitied as U-2412A&B/LJ-2524AE. The 7.9 mile
project includes a combination of widening improvements to existin�� High Point Road (SR
1486-SR 4131) and construction on new location, including an interchange witli the US 31 I
Bypass in High Point and the Greensboro Western Urban Loop in Greensboro, Guilford County,
NorCh Carolina. The project area contains five (�) unnamed tributazies to Reddicks Creek, eight
(8) unnamed tributaries to the Deep River, two (2) unnamed tributaries to Bull Run Creek, and
several adjacent wetlartd areas in the Cape Fear River E3asin (8-Digit Cataloging Unit 03030003).
Total impacts authorized by the permit, including: 1) the permanent placement of fill material
into 4,817 linear feet of stream chamiel, ].62 acres of wetlands, and 3.6J acres of open water
ponds, and 2) the temporary placement of fill inaterial into 776 linear feet of jurisdictional stream
channeL Compensatory mitigation was implemented for the unavoidable impacts by payment
into the North Carolina Ecosysfein Eiiliancement Program, now known as the North Carolina
Division of Mitigation Services. However, since U-2412A was unfunded and letting more t}�an 5
years out from the DA pemlit date, NCDOT did not provide mitigation for that Section at that
ti�ne. Per Special Condition c) o�f the DA permit, Construetion may coinmence on U-2412A only
after: 1) all appropriate and practicable avoidance aud minimization measures have been
approved throu�li the remaining 4C Mer�er Meeting; 2) a final jurisdictional determination for
U-2412A is complete, occurring prior lo the permit modification for this section; 3) final plan
design has been completed and approved by dle DisU-ict Commander, and 4) a nloditication
request, including a final compensatory mitigation plan for this Section is submitted by NCllOT
and approved by the District Commander.
n���� V �I���
i�l
III ��,R-42018
DENR•WATERRESOURGES
iRANSPORTAT10N PERMfTTING UNIT

-2-
Also reference your permit modification request letter and attachments dated and received
February 27, 2018 via email, as well as your revised information received via email dated March
26, 2018 (herein referred to as the "Modification Request Letters"), proposing the following:
1) Release of U-2412A for construction per Special Condition c) of the DA permit dated
July 18, 2012;
2) Authorization of permanent discharge of fill material into 3,3171inear feet of stream
. .channel related to: . , _. _ .. _ , _ . . _ ., _ , . _ _ . . , .
a. Placing 3,073 linear feet of stream channel in culverts, and;
b. Adding rip rap bank stabilization to 2441inear feet of stream channel;
3) Authorization of permanent discharge of fill material into 1.75 acres of wetlands
related to:
a. Placing 1.30 acres of wetlands under fill slopes, and;
b. Mechanized clearing in 0.45 acre of wetlands.
i. Note that the project also proposes 0.09 acre of hand clearing in
wetlands;
4) Authorization of permanent discharge of fill material into, or drainage of, 3.64 acres of
open water ponds;
5) Authorization of temporaxy discharge of fi11 material in 203 linear feet of stream
channel related to temporary construction access and dewatering for culvert
installation;
Following evaluation of the information submitted in your modification request, the U.S.
Army Corps of Engineers, Wilmington District (Corps) has determined that it is appropriate and
reasonable, is not contrary to the public interest, and no public notice is required for this
modification. Furthermore, the requirements of Special Condition c) of the DA pernut dated July
18, 2012 have been completed as follows:
e All appropriate and practicable avoidance and minimization measures have been approved,
as discussed during the 4C Merger Meeting for U-2412A dated September 21, 2017, and
documented on page 8 of the Modification Request Letters (February 27, 2018 Letter);
A Preliminary Jurisdictional Determination, based on a field delineation by AECOM and
NCDOT, with changes made in the field by the Corps on November 9, 2017, was finalized
for U-2412A on March 23, 2018;

-3-
A permit modification request for U-2412A including final plan design was completed per
submittal of the Modification Request Letters, and approved by the District Commander via
this document.
Therefore, the permit is modified to release U-2412A for construction, including the
requested additional stream and wetland impacts. For all U-2412A Permit Sites, this work must
be constructed as shown on the Wetland & Stream Impacts Permit drawings for U-2412A
submitted in the "Application for Modification of the Section 404 Individual Permit ...", dated
February 27, 2018 (Permit Drawings Sheets 1-61), and your revised information received�via
email dated March 26, 2018 (Permit Drawings Sheet 62);
In addition, the following special conditions regarding additional compensatory
mitigation and Section 7 of the Endangered Species Act have been incorporated:
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 incorporated as special conditions
of this permit authorization.
xx) This USACE permit does not authorize you to take a threatened or endangered
species, in particular, the Northern Long-eared Bat (NLEB) (Myotis septentrionalis). In order to
legally take a listed species, you must have sepaxate authorization under the Endangered Species
Act (ESA) (e.g., a Biological Opinion (BO) under the ESA, Section 7, with "incidental take"
provisions with which you must comply). The U.S. Fish and Wildlife Service's (USFWS's)
Programmatic BO titled "Northern Long-eared Bat (NLEB) Programmatic Biological Opinion
for North Carolina Department of Transportation (NCDOT) Activities in Eastern North Carolina
(Divisions 1-8)," dated March 25, 2015, and adopted on May 4, 2015, contains mandatory terms
and conditions to implement the reasonable and prudent measures that are associated with
"incidental take" that are specified in the BO. Your authorization under this USACE permit is
conditioned upon your compliance with a11 the mandatory terms and conditions (incorporated by
reference into this pernut) associated with incidental take of the BO. Failure to comply with the
terms and conditions associated with incidental take of the BO, where a take of the listed species
occurs, would constitute an unauthorized take, and would also constitute non-compliance with
your USACE permit. The USFWS is the appropriate authority to determine compliance with the
terms and conditions of its BO and with the ESA. .

!�
All other conditions of the permit, including the pernut expiration date of December 31,
2032, remain in effect as written. The U-2412A&B/U-2524AE project now totals 1) the
permanent placement of fill materia� into 5,2491inear feet of siream channel, 2.38 acres of
wetlands, and 3.64 acres of open water pond, and 2) the temporary placement of fill material into
343 linear feet of stream channel.
Should you have questions, please contact Mr. David E. Bailey, Raleigh Regulatory Field
O�ce at telephone [phone], Extension 30, or at David.E.Baile�(a)usace.armv.mil.
. ... �,. ._ . ,.. .
FOR THE COMMANDER
r�•�'�- �'`�
rI� I�obert J. Clark
�� � Colonel, U.S. Army
District Commander
Copies Furnished with Attachment:
Ms. April Norton
Transportation Pernutting Unit
Division of Water Resources
North Carolina Depariment of
Environment and Natural Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Mr. Michael A. Turchy
North Carolina Department of Transportation
Division of Highways
1598 Mail Service Center
Raleigh, North Carolina 27699-1598
Mr. Jerry Parker
Division Environmental Supervisor, Division 7
North Carolina Department of Transportation
Post Office Box 14996
Crreensboro, North Carolina 27415

-5-
Copies Furnished without Attachment:
U.S. Fish and Wildlife Services
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 28516
Christopher A. Militscher
Cluef, NEPA Program Office
USEPA Region 4
61 Forsyth Street, SW
Atlanta, GA 30303
Mr. Travis Wilson
North Cazolina Wildlife Resources Commission
1718 Hwy 56 West
Creedmoor, North Cazolina 27522

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatorv Miti�ation Responsibilitv Transfer Form
Permktee: NCDOT
Project Name: NCDOT/SR4121 IMPROV./U-2412
ActionlD:SAW-2000-21876
County: Guilford
Instructlons to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation eank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
trensfer 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 wili 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 Distrid 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 Impa
Stream
HUC and Basin: 03030003, Cape Fear River Basin
Wetland Impacts (acres)
Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal
5,005 2.38
'If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
rm I Cool I Cold
tt HUC and Basin: 03030003, Cape Fear River
Wetland Mitigation (credits)
Riverine Riparian Non-Riverine Non-Ripz
4.76
Mitigation Site Debited: NCDMS
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. Ifthe NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Sedlon to be completed by the Mltigation Sponsor
Statement of Mitigation Llability 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 Ac[ion
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, [he 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
Date of
Page 1 of 2 Form Updated 14 September, 2017

USACE Wilmington District
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.
• 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 conducfed 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:
• This Form supersedes the compensatory mitigation requirement per Special Condition g) of the DA permit issued on July 18,
2012;
• This form reflects additional stream credits required as part of the U-2412A&B/U-2524AE Permit Modification dated April 5,
2018, specifically for the construction release of U-2412A, including:
- permanent stream impacts at Permit Sites 1A, 2 through 5, 7, 8, and 12 through 16 (total of 2,862 I.f) at a 2:1 ratio;
- permanent stream impacts at Permit Site 9(total of 211 I.f.) at a 1:1 ratio, and;
- permanent wetland impacts at Permit Sites lA, 1, 2, 5A, 5B, 8, 9, 10,12,13, 13A, and 14 (total of 1.75 acres) at a 2:1 ratio;
The Mitigation Requirements listed on Page 1 are for the total U-2412A&B/U-2524AE project and do not reflect any stream or
riparian wetland credits already accepted by NCDMS/NCEEP for the U-2412B/U-2524AE phases of this project (3,710 SMUs and
1.26 WMUs).
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 a/ong with an updated bank ledger to: 1) the Permittee, 2J the USACE Project Manager
at the address below, and 3J the Wilminqton District Mitigation Office, Attn: Todd Tugwell, 3331 Heritage Trade Drive, Suite 105,
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, NC 27587
Email: [e-mail]
� X�l �e� B�t ��'
USACE Project Manager S�gnature
April 5, 2018
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://re�ulatorv.usacesurvev.com/ to complete the survey online.