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Home My WebLink About20081859 Ver 3_EEP Acceptance Letters_20091123Oil 3 57 Lam,. ??S r A o tem aMement PROGRAM November 23, 2009 Mr. William Wescott U. S. Army Corps of Engineers Washington Regulatory Field Office Post Office Box 1000 Washington, North Carolina 27889-1000 Dear Mr. Wescott: Subject: EEP Mitigation Acceptance Letter: R-2823, Rocky Mount Northern Loop from SR 1604 (Hunter Hill Road) to US 301, Nash County; Tar-Pamlico River Basin (Cataloging Unit 03020101); Northern Inner Coastal Plain (NICP) Eco-Region; References: USACE 404 Individual Permit issued 5/6/2009 (USACE Action ID 2007-00157-164) NCDWQ 401 Water Quality Certification issued 2/23/2009 (NCDWQ Project ID 2008-1859) The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will provide the additional compensatory stream, riparian wetland, and non-riparian wetland mitigation and the buffer mitigation for the unavoidable impact associated with the above referenced project. Based on the information supplied by the NCDOT on November 9, 2009, the additional impacts are located in CU 03020101 of the Tar-Pamlico River Basin in the Northern Inner Coastal Plain (NICP) Eco-Region, and the anticipated mitigation credits needed to offset the impacts are as follows: Tar-Pamlico Stream Wetlands Buffer (Sq. Ft.) 03020101 Non- Coastal Zone I Zone 2 NICP Cold Cool Warm Riparian Riparian Marsh 3:1 1.5:1) Impacts 0 0 27 0.05 0.02 0 2,529 2,267 (feettacres) Mitigation Units 0 0 54 0.10 0.04 0 7,587 3,401 (Credits-up to 2:1) EEP has already provided appropriate stream, wetland (riparian and nonriparian) and buffer mitigation for the impacts located in Tar-Pamlico 03020101 as required by the 404 and 401 permits that were issued May 6, 2009 and February 23, 2009, respectively, as shown in the below table (Mitigation Provided on 6/30/2009 (Credits): Mitigation Total Revised Total Impact Type Permitted Provided on Additional Revised Anticipated Impacts 6/30/2009 Impacts Impacts Mitigation (Credits) (Credits) Stream 1,939 3,678 27 1,966 3,932 Riparian 4.40 8.80 0.05 4.45 8.90 Non-Riparian 1.93 3.86 0.02 1.95 3.90 Buffer - Zone 1 57 137.0 171,411.0 2,529.0 59,666 178,998 Buffer-Zone 2 42,595.0 63 893.0 2,267.0 44,862 67,293 Buffer- TOTAL 99,732 235,304 4,796 104,528 246,291 Also, appropriate payment has been made into the Riparian Buffer Restoration Fund has occurred for the above referenced permitted buffer impact and referenced mitigation credits that were required based on the 401 Water Quality Certification in issued February 2009. The additional buffer impacts are 2,529 square feet in Zone 1 and 2,267 square feet in Zone 2 for an additional anticipated buffer mitigation of 10,988 square feet. If the buffer impacts or the amount of mitigation required from EEP increases for this project, then this mitigation acceptance letter will no longer be valid and a new mitigation acceptance letter will be required. All buffer mitigation requests and approvals are administrated through the Riparian Restoration Buffer Fund (Fund 2982). The NCDOT will be responsible to ensure that the appropriate compensation for the additional buffer mitigation will be provided in the agreed upon method of fund transfer. Upon receipt of the NCD WQ's Buffer Authorization Certification, EEP will transfer funds from Fund 2984 (Tri-Party MOA Account) into Fund 2982 and commit to provide the appropriate buffer mitigation to offset the impacts associated with this project. EEP provided the compensatory stream and wetland mitigation as required in the 404 and 401 permits that were issued on May 6, 2009 and February 23, 2009, respectively for the 1,939 feet of stream impact, 4.40 acres of riparian wetland impact, and 1.93 acres of nonriparian wetland impact associated with this project at the end of MCA Year 6 (June 30, 2009) in accordance with Section X of the Amendment No. 2 to the Memorandum of Agreement between the N. C. Department of Environment and Natural Resources, the N. C. Department of Transportation, and the U. S. Army Corps of Engineers fully executed on March 8, 2007 (Tri-Party MCA). If you have any questions or need additional information, please contact Ms. Beth Harmon at 919-715-1929. Sincerely, W lia D. Gilmore, P.E. EEP Director cc: Mr. Gregory J. Thorpe, Ph.D., NCDOT-PDEA Mr. Brian Wrenn, N. C. Division of Water Quality File: R-2823 Supplemental Rector E Prot?ct-i,?c9 Our St6 & ®?cp€Fia i,?c9... ?c?... ? North Carolina Ecosystem Enhancement Program, 1662 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 1 www.nceep.net r-Aw- November 23, 2009 Mr. Gregory J. Thorpe, Ph.D. Environmental Management Director Project Development and Environmental Analysis Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina 27699-1548 Dear Dr. Thorpe: Subject: EEP Mitigation Acceptance Letter: R-2823, Rocky Mount Northern Loop from SR 1604 (Hunter Hill Road) to US 301, Nash County References: USACE 404 Individual Permit issued 5/6/2009 (USACE Action ID 2007-00157-164) NCDWQ 401 Water Quality Certification issued 2/23/2009 (NCDWQ Project ID 2008-1859) The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will provide the additional stream, riparian wetland, non-riparian wetland and buffer mitigation for the subject project. Based on the information supplied by you on November 9, 2009, the additional impacts are located in CU 03020101 of the Tar-Pamlico River Basin in the Northern Inner Coastal Plaid (NICP) Eco- Region, and are as follows: Tar-Pamlico Stream Wetlands Buffer (Sq. Ft.) 03020101 Non- Coastal Zone 1 Zone 2 NICP Cold Cool Warm Riparian Riparian Marsh 3:1 1.5a Impacts 0 0 27 0.05 0.02 0 2,529 2,267 feet/acres) Mitigation Units 0 0 54 0.10 0.04 0 7,587 3,401 (Credits-up to 2:l) EEP has already provided appropriate stream, wetland (riparian and nonriparian) and buffer mitigation for the impacts located in Tar-Pamlico 03020101 as required by the 404 and 401 permits that were issued May 6, 2009 and February 23, 2009, respectively, as shown in the below table (Mitigation Provided on 6/30/2009 (Credits): Dr. Thorpe TIP R-2823 November 23, 2009 Page Two Mitigation Total Revised Total Impact Type Permitted Provided on Additional Revised Anticipated Impacts 6/30/2009 Impacts Impacts Mitigation (Credits) (Credits) Stream 1,939 3,878 27 1,966 3,932 Riparian 4.40 8.80 0.05 4.45 8.90 Non-Ri arian 1.93 3.86 0.02 1.95 3.90 Buffer -Zone 1 57 137.0 171,411.0 - 2,529.0 59,666 178,998 Buffer - Zone 2 42,595.0 63,893.0 2,267.0 44,862 67,293 Buffer - TOTAL 99,732 235,304 4,796 104,528 246,291 Also, appropriate payment into the Riparian Buffer Restoration Fund has occurred for the above referenced permitted buffer impact and referenced mitigation credits required. 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 additional buffer mitigation will be provided in the agreed upon method of fund transfer. Upon receipt of the NCDWQ's Buffer Authorization Certification, EEP will transfer funds from Tri-Party MOA Fund into the Riparian Restoration Buffer Fund. Upon completion of transfer payment, NCDOT will have completed its additional riparian buffer mitigation responsibility for R-2823. Subsequently, EEP will conduct a review of current MOA mitigation projects in the river basin to determine if available buffer mitigation credits exist. If there are buffer mitigation credits available, then the Riparian Restoration Buffer Fund will purchase the appropriate amount of buffer mitigation credits from Tri-Party MOA Fund. If you have any questions or need additional information, please contact Ms. Beth Harmon at 919-715-1929. Sincerely, 6' . Wil m D. Gilmore, P.E. EEP Director Cc: Mr. William Wescott, USACE- Washington Regulatory Field Office Mr. Brian Wrenn, NC Division of Water Quality File: R-2823 Restotr F Pro o? s? OM North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652/919-715-0476/www.nceep.net