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HomeMy WebLinkAbout20070932 Ver 3_R-4463A - STR - Buffer - NS 04_20200220ROY COOPER Governor MICHAEL S. REGAN secretory 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 February 20, 2020 Subject: DMS Mitigation Acceptance Letter: NCDOT TIP 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 and buffer mitigation for the subject project. Based on the information supplied by you on February 19, 2020, 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 lfeet / acrecl Neuse 03020204 Stream Wetlands Buffer (Sq. Ft.) SOCP Cold Cool Warm Riparian I Non -Riparian Coastal Marsh Zone 1 Zone 2 Impacts (feet/acres) 0 0 106.0 0 0 0 43.0 1,434.0 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): Table 2 — Current Permitted Impacts and Associated Mitigation Requirements provided by DMS (based on the permits issued in 2007 and 2008) and Revised Anticiaated Imoacts ibased on mitigation renuestl Impact Type Total Permitted Impacts (feet / acre / sq ft) Mitigation Provided by DMS per Issued Permits (Credits) Additional Impact (forapproval) Revised Total Impacts * Stream — Warm — Section A 0 0 106.0 106.0 Non -riparian — Section A 2.06 (ireliminary data) 4.12 1.15 Non -riparian - Section B 2.49 4.98 0 2.49 Buffer — Zone 1 0 0 43.0 43.0 Buffer — Zone 2 0 0 1,434.0 1,434.0 {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. FS"7fiTfii f,�tt1, A �Ir 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 919.707.8976 Ms. Workman -Maurer TIP R-4463 February 20, 2020 Page Two The NCDOT has constructed TIP R4463B 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 and impact to streams was added. 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. All buffer mitigation requests and approvals are administrated through the Riparian Restoration Buffer Fund. The NCDOT will be responsible to ensure that appropriate compensation for the buffer mitigation will be provided in the agreed upon method of fund transfer. Upon receipt of the NCDWR's Buffer Authorization Certification, DMS will transfer funds from the NCDOT 2984 Fund into the Riparian Restoration Buffer Fund. Upon completion of transfer payment, NCDOT will have completed its riparian buffer mitigation responsibility for the additional buffer mitigation required for TIP Number R- 4463A. This mitigation acceptance letter replaces the mitigation acceptance letters issued on January 31, 2006, May 21, 2007, February 8, 2008 and December 12, 2019. 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. If you have any questions or need additional information, please contact Ms. Beth Harmon at 919-707-8420. Sincerely,FY James B. 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 NCRM CNlouru�'+� � i' OgI�YMM OI�f�Mtu�w MAW O� North Carolina Department of nvironr wci„,,a aua"Ly �)ivision of Mitigation Services 217 W. Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.8976