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HomeMy WebLinkAbout20070932 Ver 3_R-4463A - STR - NS 04_20191212ROY COOPER Governor MICHAEL S. REGAN Secretary TIM BAUMGARTNER Director Ms. Elizabeth Workman -Maurer NCDOT Division 2 North Carolina Department of Transportation 1037 W. H. Smith Boulevard Greenville, North Carolina 27835 Dear Ms. Workman -Maurer: NORTH CAROLINA Environmental Quality December 12, 2019 Subject: DMS Mitigation Acceptance Letter: R-4463, NC 43 Connector (Bosch Boulevard) from NC 55 to US 17 just west of New Bern, Craven County Reference: USACE 404 Individual permit issued November 19, 2007 and Individual permit modification issued March 6, 2008 (USACE ID 2007-02231) NCDWR 401 Water Quality Certification issued September 21, 2007 and 401 modification issued March 28, 2008 The purpose of this letter is to notify you that the Division of Mitigation Services (DMS) will provide the stream mitigation for the subject project. Based on the information supplied by you on December 12, 2019, the impacts are located in CU 03020204 of the Neuse River basin in the Southern Outer Coastal Plain (SOCP) Eco- Region, and are as follows: Table 1— Additional Impacts (feet / acres) Neuse Stream Wetlands Buffer (Sq. Ft.) 03020204 SOCP Cold Cool Warm Riparian Non- Riparian Coastal Marsh Zone 1 Zone 2 Impacts (feet/acres) 0 0 1 106.0 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 non -riparian wetland mitigation for the impacts associated with Sections A and B of this project located in cataloging unit 03020204 of the Neuse River basin as required by the permits issued in 2007 and 2008, as shown in the below table (in mitigation credits): North Carolina Department of Environmental Quality I Division of Mitigation Services 217 W. Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.7OZ8976 Ms. Workman -Maurer TIP R-4463 December 12, 2019 Page Two Table 2 — Current Permitted Impacts and Associated Mitigation Requirements provided by DMS (based on the vermits issued in 2007 and 2008) and Revised Anticivated Impacts (based on mitigation request] Impact Type Total Permitted Impacts (feet / acre / sq ft) Mitigation Provided by DMS per Issued Permits (Credits) Additional Impact Revised Total (for approval) Impacts* Stream — Warm — Section A 1 0 0 106.0 106.0 Non -riparian Wetland — 2.06 (preliminary data) 4.12 -0.91 1.15 Section A Non -riparian Wetland - 2.49 4.98 0 2.49 Section B *Some of the stream impacts may be 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. The NCDOT has constructed TIP R-4463B and is now submitting the permit application for the construction of R-4463A. In the 404 and 401 permits issued in 2007 and 2008, NCDOT included impacts based on the preliminary design of Section A and was required to provide wetland mitigation for those anticipated impacts. Since that time, the final design of Section A was completed and the non -riparian wetland impacts decreased from 2.06 acres to 1.15 acres. Upon issuance of the permit modifications that authorize construction of Section A, DMS will make any required adjustments to the current debits for non -riparian wetland mitigation as determined by the regulatory agencies. This mitigation acceptance letter replaces the mitigation acceptance letters issued on January 31, 2006, May 21, 2007 and February 8, 2008. DMS commits to implementing 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, I James R. Stanfill DMS Asset Management Supervisor cc: Mr. Monte Matthews, USACE — Raleigh Regulatory Field Office Mr. Tom Steffens, USACE — Washington Regulatory Field Office Ms. Amy Chapman, Division of Water Resources, Wetlands/401 Unit Mr. Garcy Ward, Division of Water Resources, Washington Regional Office File: R-4463A DE Q North Carolina Department of Environmental Quality I Division of Mitigation Services 217 W. Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.8976