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Regulatory Division/1200A
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
W�LMINGTON, NORTH CAROLINA 28403-1343
May 15, 2018
Action ID: SAW-2008-01316; TIP No. R-2814
Phil S. FIarris, III, P.E., CPM
North Carolina Department of Transportation (NCDOT)
Project Development and Environmental Analysis Unit
1598 Mail Service Center
Raleigh, North Carolina 27699-1548
Deaz Mr. Harris:
COPY
Reference the Department of the Army pemut issued to the North Cazolina Department of
Transportation (NCDOT) on July 14, 2009, to authorize the dischazge of fill material into waters
of the Uaited States, for construction oF Section A- D of the US 401 improvements (TIP No. R-
2814), from SR 2044 (Ligon Mill Road) in Wake County to SR 1700 (Fox Pazk Road), in
Franklin County, NoRh Carolina.
Reference also subsequent modifications dated June 25, 2010, December 20, 201Q
November 4, 2014, and December 5, 2016, and your Niay 9, 2018 letter, requesting modification
of the pemiit for Section C, to authorize additional impacts from design changes.
The design changes result in the following changes Co impacts:
i. an additional 0.03 acre of inechanized clearing wetland impacts
ii. an additional � lineaz Yeet oY permanent loss stream impact
The increased impacts are necessary for a new driveway access, and for a desi�m change that
raised the road grade.
We have reviewed ihe requested modification, and determined that it is appropriate and
reasonable, and that no public notice is required for this modification. Therefore, the permit is
hereby inodified to authorize the changes listed and shown in the modified drawings in the
May 9, 2018 modiflcation request, for a net increase in pennane�t wetland impacts of 0.03 acre,
and in permanent stream impacts of 5 lineaz feet. n���� M 2 D
I,u \/ L5
MAY 3 0 ZO18
DENR•WATER RESOURCES
TAAN3PORTATKKJ PERMIITING UNfT
Prinletl cn � RocYcled Paper
-2-
Additional mitigation of 0.03 acre wetland credits, and l O linear feet of stream credits is
required for the additional permanent impacts to streams and wetlands. Special Conditions,
below, will apply to the attached Compensatory Mitigation Responsibility Transfer Form, which
requires additional mitigation beyond that required for the original individual pernut and
previous modifications Special Conditions.
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.
All other conditions of the permit, including the permit expiration date of December 31,
2020, and the other mitigation requirements, remain applicable. Should you have any questions,
please call Mr. Eric Alsmeyer at (919) 554-4884, e�ension 23.
FOR THE COMMANDER
4 -
obert J. Clark
� Colonel, U.S. Army
Disirict Commander
Enclosures
Copies Furnished:
Ms. Amy Chapman
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
1650 Mail Service Center
Raleigh, NC 27699-1650
Mr. Clarence Coleman
Federal Highway Administration
310 New Bern Ave., Rm 410
Raleigh, North Carolina 27601-1442
Printed on� Recycled Paper
Mr. Jason Dilday
North Carolina Department of Transportation
Division of Highways
1598 Mail Service Center
Raleigh, North Cazolina 27699-1598
Ms. Beth Harmon
NCDOT Coordinator
Division of Mitigation Services
Department of Environmental Quality
1652 Mail Service Center
Raleigh, North Cazolina 27699-1652
-3-
PriMetl an� Recyt�lad Pepa
U.S. ARMY CORPS OF ENGINEERS
Wilmington Distrid
Compensatorv Mitisation Responsibilitv Transfer Form
Permittee: NCDOT, Div. 5 Action ID: SAW-2013-00668
Project Name: TIP R-2814C; US 401 Widening (Mod 5) County: Franklin
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Caro�ina Division of Mitigation Services (NCDMSj, 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 capy of this
form before conducting authorized impac[s, unless otherwise specified below. If more than one mitigation Sponsor will be
used to provide the mitigation associated with the permit, or if the impacis and/or the mitigation will occur in more than one
8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the pertnit, 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 thatthe 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 O�ce (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permhted Impacts and Compensatory Mkigation Requirements:
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Mkigation Ske Debked: NCDMS
(Listthe name of the bank to be debited. For umhrella banks, also listthe specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Sedlon to be comp/eted by the MKigatton Sponsor
Statement of Mftigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
trensac[ions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to atcept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
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 Wilming[on District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirementr.
Mitigation Sponsor Name:
Name of Sponsor's Authorized
Authorized
Date of
Page 1 of 2 Form Updated 23 November, 2015
USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Trensfer 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 requirementr 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 impacis 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 pertnit 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 fortn.
� 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 administretive records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
7his form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
stgned, the Sponsorshou/d provide copies of this form a/ong with an updated bank ledger to:1) the Permittee, 2J the USACE
Projec[ Manager at the address be/ow, and 3J the Wilmington Dist�id Mitigatlon Ojfice, Attn: Todd Tugwell, 11405 Falls
of Neuse Road, Wake Forest, NC27587(emafL• todd.tugwell�usace.army.mil). Questions regarding this form or any of the
permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager:
USACE Field Offlce:
Email:
Eric Alsmeyer
Raleigh Regulatory Field Office
US Army Corps of Engineers
3331 Heritage Trede Drive, Suite 305
Wake Forest, North Carolina 27587
eric.c.alsmeye r� usace.a rmy. m il
� � Q.� ALSMEYER.ERIC.C.1087624486
�TU��""F�''�-2018.05.15 72:13:00-04'00'
USACE Project Manager Signature
Mav 15. 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 tempereture and wetland groupings) is
available at htto://ribits.usace.armv.mil.
Page 2 of 2
7he Wilmington Dis[ric[ Is committed to providing the highert level of support to the pu6lit. To help us ensure we continue to do so, please complete the
Cus[omer Satisfaction Survey located at our we6si[e a[ http://reQula[orv.usacesunev.com/ to tomplete [he survey online.