20161268 Ver 3_Mitigation process R-3300 Section B_20200520

Carpenter,Kristi
From:Shaver, Brad E CIV USARMY CESAW (USA) <[e-mail]>
Sent:Wednesday, May 20, 2020 10:28 AM
To:Steenhuis, Joanne; [e-mail]; Gary Jordan; Wilson, Travis W.
Subject:\[External\] FW: mitigation process R-3300 Section B
Attachments:signed R-3300 Section B Modification MITIGATION letter.pdf
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I am sharing a recent letter back to NCDOT concerning the mitigation for R-3300 B.

Thanks,

Brad

From: Matthews, Monte K CIV USARMY CESAW (USA) <[e-mail]>
Sent: Tuesday, May 19, 2020 2:06 PM
To: Herndon, T. Mason <[e-mail]>
Cc: 'Paugh, Leilani Y' <[e-mail]>; Shaver, Brad E CIV USARMY CESAW (USA) <[e-mail]>;
Crumbley, Tyler A CIV USARMY CESAW (USA) <[e-mail]>; Tugwell, Todd J CIV USARMY CESAW
(USA) <[e-mail]>
Subject: mitigation process R-3300 Section B

Mason,

Attached is a letter allowing NCDOT to purchase wetland credits directly from the NECFUMB
to satisfy a portion of the compensatory mitigation needs for the modification to R-3300,
Section B.

Please let me know if you have any questions.

Monte

Monte Matthews
Regulatory Division
Wilmington District, USACE
[phone] X31

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May 19, 2020
Regulatory Division
Action ID. SAW-2007-01386
Mr. Mason Herndon
Environmental Program Supervisor, Division 3
N.C. Department of Transportation
5501 Barbados Blvd.
Castle Hayne, NC 28429
Dear Mr. Herndon:
Reference the Department of the Army (DA) permit issued on August 7, 2017, to
the North Carolina Department of Transportation (NCDOT) for the discharge of fill
material into waters and wetlands adjacent to various creeks, and their tributaries in
order to construct U-4751 (Military Cut Off) and R-3300 (Hampstead Bypass) in New
Hanover County, North Carolina. Also reference NCDOT's request dated April 7, 2020
to modify this permit to authorize construction of R-3300, Section B.
Since Section B of R-3300 was evaluated using preliminary plans, NCDOT could
not commence construction until: 1) final design has been completed for those sections;
2) NCDOT had minimized impacts to waters and wetlands to the maximum extent
practicable, and; 3) a compensatory mitigation plan was approved by the US Army
Corps of Engineers (Corps).
The Corps issued a Public Notice on April 8th, 2020, to solicit comments from
resource agencies and the public on the merits of this modification request. In support
of the Public Notice, NCDOT issued a letter to the agencies which described their
proposal to mitigate for riparian wetland impacts located within the White Oak basin.
Within this letter, NCDOT proposed purchasing Cape Fear '07 mitigation credits from
the North Carolina Division of Mitigation Services (DMS) to offset these impacts.
Several agencies voiced concerns with this proposal due to the long distance between
the location of the DMS mitigation sites and the roadway impact areas.
As a solution, NCDOT proposed to acquire remaining riparian credits and non-
riparian wetland mitigation credits (as needed) from the nearby North East Cape Fear
Umbrella Mitigation Bank (NECFUMB). This bank was much closer than the DMS sites
and was already proposed to provide non-riparian credits for this modification request.

While NCDOT can purchase mitigation credits directly from a mitigation bank, it
is not the preferred option. However, this appears to be a unique situation requiring a
specific solution. Therefore, the Corps can agree to a one-time change in the preferred
procedure that allows NCDOT to purchase the aforementioned wetland credits directly
from the NECFUMB. It is understood that a combination of DMS and previously
purchased bank credits will offset other impacts associated with this modification.
Please note that this is not final agency decision on the modification request,
rather a documented approach to satisfy the compensatory mitigation needs of this
proposal. A final decision will be made after receipt of all required information. If you
have questions, please contact Brad Shaver of the Wilmington Regulatory Field Office,
at telephone [phone].
Sincerely,
o4 Date: 2020.05.19
1tLI ._ 14:01 :38 -04'00'
Monte Matthews
Lead Project Manager
Wilmington District
Copies Furnished (electronic w/o attachments)
Ms. Joanne Steenhuis, NCDEQ-DWR
Ms. Amanetta Somerville, USEPA
Mr. Gary Jordan, USFWS
Mr. Travis Wilson, NCWRC
Mr. Monte Matthews, USAGE