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HomeMy WebLinkAbout20150362 Ver 6_I-3802 A 2019-11-22 DMS Acceptance_20191122ROY COOPER Governor MICHAEL 5. REGAN Secretary TIM BAUMGARTNER ❑Irmor Mr. Philip S. Harris,1H, P.E., CPM Environmental Analysis Unit North Carolina Department of Transportation 1598 Mail Service Center Raleigh, North Carolina 27699-1598 Dear Mr. Harris: NORTH rAROUNA Environmental Quality November 22, 2019 Subject: DMS Mitigation Acceptance Letter: I-3802A and B-5804, T-85 from NC 73 in Cabarrus County (Exit 55) to Lane Street (Exit 63) and Replace Bridge 56 on SR 2000 (Brantley Road) over Lake Fisher, Cabarrus County References: USACE 404 General Permit 31 issued July 16, 2015 and Re -issued January 13, 2017 and January 9, 2018 (USACE Action ID 2008-03229) NCDWR 401 Water Quality Certification issued June 2, 2015 (NCDWR ID 2015-0362) The purpose of this letter is to notify you that the Division of Mitigation Services (DMS) will provide the additional compensatory stream mitigation for the subject project. Based on the information supplied by you on September 13, 2019, the impacts are located in CU 03040101 of the Yadkin River basin in the Central Piedmont (CP) Eco-Region, and are as follows: Table 1— Additional Impacts (feet I acres) Yadkin Stream Wetlands Buffer (Sq. Ft.) 03040105 Sp Cold Coal Warm Rip�an Nan- Riparian Coastal Marsh Zone 1 Zone 2 Impacts (feet/acres) 0 0 304.0 0 0 0 0 0 *NOTE: Some of the stream impacts may be proposed to be mitigated at a 1:1 mitigation ratio. See permit application for details. This additional impact and associated mitigation needs were not projected by the NCDOT in the 2019 impact data. DMS is currently providing stream and riparian wetland mitigation for the impacts associated with this project located in cataloging unit 03040105 of the Yadkin River basin as required by the 404 and 401 permits issued in 2015, 2017 and 2018, as shown in the below table (in mitigation credits) Q North Catalina Department a# Err0ronmenial Quality E Division of Mitigation Services 217 W. jones Sheet 1 1652 Mail Servlct Center I Ralci9K North Carolina 27699-1652 4i9.7o7.897f, Mr. Harris TIP 1-3802A November 22, 2019 Page Two Table 2 — Current Permitted Impacts and Associated Mitigation Requirements provided by DMS (based on issued permits) and Revised Anticipated ]Impacts (based on mitization request) Total Permitted Mitigation Provided by Additional Revised Total Impact Type Impacts )DMS per Issued Impact (for l.tmpacts* (feet / acre 1 sq ft) Permits (Credits) approval) Stream. (warm) 3,048.0 4,886.0 304.0 3,352.0 Riparian Wetland 0.34 0.68 0 I1.34 *Some of the additional stream impacts maybe proposed to be mitigated at a 1.1 mitigation ratio. See permit application for details. DMS will provide the amount of mitigation as determined by the regulatory agencies. This mitigation acceptance letter replaces the mitigation acceptance letter issued on October 10, 2017, April 13, 2015 and March 12, 2013. DMS commits to implementing additional sufficient compensatory stream mitigation credits to offset the impacts associated with this project as determined by the regulatory agencies using the delivery timeline listed in Section F.3.c.iii of the In -Lieu Fee instrument dated July 28, 2010. 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 DMS. 8420. If you have any questions or need additional information, please contact Ms. Beth Harmon at 919-707- Sincerely, James B. Stanfill DMS Asset Management Supervisor cc: Mr. Monte Matthews, USACE — Raleigh Regulatory Field Office Ms. Amy Chapman, Division of Water Resources, Wetlands1401 Unit File: 1-3802A—B-5804 Additional E %�� u:fi*nca�axaa Norlh Carolina beparm:ent of Environmental Quality I l}lvision of Mitigation Services 217 W. ]ones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.8976