20140090 Ver 7_U-2579B Mitigation Responsibility Transfer Form_20200924

Wanucha, Dave
From:Euliss, Amy
Sent:Tuesday, September 22, 2020 1:58 PM
To:Wanucha, Dave
Cc:Dagnino, Carla S
Subject:RE: \[External\] RE: U-2579B/BA permit mod
Attachments:U-2579B Mitigation Responsibility Transfer Form_Smith Creek Relocation Proposal_
09222020.pdf
My apologies! I hit send before attaching Monte’s form.

From: Euliss, Amy
Sent: Tuesday, September 22, 2020 1:58 PM
To: Wanucha, Dave <[e-mail]>
Cc: Dagnino, Carla S <[e-mail]>
Subject: FW: \[External\] RE: U-2579B/BA permit mod

Dave,
In the permitting of the stream relocation on U-2579BA (U-2579B permit), we have permitted the project to get onsite
credit. We had the USACE alter the mitigation requirements from the previous planned culvert, resulting in a decrease
in mitigation of 598’ of stream impacts. The project has a 5 year monitoring period. If the USACE and DWR are not
satisfied with the relocated stream, mitigation will be acquired at closeout. Are you ok following suit with the USACE,
and changing required DMS mitigation to be 598’ less than what was previously required in the most recent DMS letter
(attached, dated September 13, 2019). Feel free to give me or Carla a call if you would like to discuss.

From: Harmon, Beth <[e-mail]>
Sent: Tuesday, September 22, 2020 11:51 AM
To: Matthews, Monte K CIV USARMY CESAW (USA) <[e-mail]>
Cc: Euliss, Amy <[e-mail]>; Fitzpatrick, Linda F <[e-mail]>; Paugh, Leilani Y
<[e-mail]>; Dagnino, Carla S <[e-mail]>
Subject: RE: \[External\] RE: U-2579B/BA permit mod

Hi Monte – yes this helps. Usually the USACE signs the form prior to me signing. Can you or the USACE project manager
sign the form and then sign back to me? Do you know if the DWR is going to change their 401 permitted stream
impacts?

Thanks.
Beth.

Beth Harmon
NCDOT Coordinator
Division of Mitigation Services
Department of Environmental Quality

919-707-8420 office
[e-mail]

1652 Mail Service Center
Raleigh, North Carolina 27699-1652
1

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

From: Matthews, Monte K CIV USARMY CESAW (USA) \[mailto:[e-mail]\]
Sent: Tuesday, September 22, 2020 9:35 AM
To: Harmon, Beth <[e-mail]>
Cc: Euliss, Amy <[e-mail]>; Fitzpatrick, Linda F <[e-mail]>; Paugh, Leilani Y
<[e-mail]>; Dagnino, Carla S <[e-mail]>
Subject: \[External\] RE: U-2579B/BA permit mod

CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]

Hi Beth,

As requested, attached is a revised Mitigation Transfer Form for the U-2579B
project in Winston-Salem. This form now reflects a slight reduction to account for
a change from a culvert to a stream relocation. Additional comments are included
on the form to (hopefully) answer any questions and to provide some consistency
between various permit modifications.

Please let me know if you need additional information.

Monte

From: Fitzpatrick, Linda F <[e-mail]>
Sent: Monday, August 3, 2020 12:26 PM
To: Euliss, Amy <[e-mail]>
Cc: Harmon, Beth <[e-mail]>
Subject: Fw: U-2579B/BA permit mod

Hi Amy,

I hope you are well. We need your help with the U-2579B/BA mod. Because the culvert was not installed we
no longer need the mitigation from DMS but DMS does need the appropriate paperwork to make that
change. See Beth's email below. Can you please provide us with a new MRT form for DMS?

Let me know if you have any questions.
2

Thanks so much for your help.

Linda

From: Harmon, Beth <[e-mail]>
Sent: Friday, July 31, 2020 4:49 PM
To: Paugh, Leilani Y <[e-mail]>; Fitzpatrick, Linda F <[e-mail]>
Cc: Stanfill, Jim <[e-mail]>
Subject: RE: U-2579B/BA

Yes I reviewed that link – there was no revised MRT form from the USACE and there was nothing included in the
modified 401 that changed the mitigation requirements for DMS. We need that form and a concurring 401 to make any
adjustments to the mitigation requirements. And based on my reading of both permits, the mitigation requirements
were not going to be modified until after the monitoring period that was included in the submitted plan. I cannot make
any adjustments to mitigation requirements or our ledger until I have proper documentation from the permitting
agencies.

Beth.

Beth Harmon
NCDOT Coordinator
Division of Mitigation Services
Department of Environmental Quality

919-707-8420 office
[e-mail]

1652 Mail Service Center
Raleigh, North Carolina 27699-1652

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

From: Paugh, Leilani Y
Sent: Friday, July 31, 2020 3:13 PM
To: Harmon, Beth <[e-mail]>; Fitzpatrick, Linda F <[e-mail]>
Cc: Stanfill, Jim <[e-mail]>
Subject: Re: U-2579B/BA

HI Beth
The mod has been issued. Here is the link from Carla's email below.
Blockedhttps://xfer.services.ncdot.gov/pdea/PermIssued/U-
2579BA%20Forsyth%20Modification%20Smith%20Cr%20Reloc%20February%2012%202020%20.pdf

Thanks for your assistance.
LeiLani

3

LeiLani Paugh
Mitigation and Modeling Group Supervisor
Environmental Analysis Unit
North Carolina Department of Transportation

919 707 6146 office
[e-mail]

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

From: Harmon, Beth <[e-mail]>
Sent: Friday, July 31, 2020 2:54 PM
To: Fitzpatrick, Linda F <[e-mail]>
Cc: Paugh, Leilani Y <[e-mail]>; Stanfill, Jim <[e-mail]>
Subject: RE: U-2579B/BA

Linda – thank you for the heads up on this project and the anticipated changes on mitigation requirements. As you
know, we will adjust the mitigation requirements and associated debits once the permit modifications have been issued
along with a revised mitigation responsibility transfer form. I’ll be on the look out for it.

Beth.

Beth Harmon
NCDOT Coordinator
Division of Mitigation Services
Department of Environmental Quality

919-707-8420 office
[e-mail]

1652 Mail Service Center
Raleigh, North Carolina 27699-1652

4

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

From: Fitzpatrick, Linda F
Sent: Friday, July 31, 2020 12:15 PM
To: Harmon, Beth <[e-mail]>
Cc: Paugh, Leilani Y <[e-mail]>
Subject: Fw: U-2579B/BA

Good afternoon Beth,

I hope you day is going well.

I have another change for you. U-2579B/BA will not have the culvert installed therefore we will not need the
DMS debit. See the emails and links below.

Please let me know if you need anything else from me.

Linda

From: Paugh, Leilani Y <[e-mail]>
Sent: Friday, July 31, 2020 10:51 AM
To: Fitzpatrick, Linda F <[e-mail]>
Subject: FW: U-2579B/BA

Linda
Here is another one to coordinate with DMS. The original permit used credit from DMS to cover the impacts from the
culvert installation. Now the culvert will not be installed and the entire stream channel will be relocated using NSD. So
the DMS debit will not be needed.
Thanks
LeiLani

From: Dagnino, Carla S <[e-mail]>
Sent: Thursday, July 9, 2020 11:17 AM
To: Paugh, Leilani Y <[e-mail]>
Subject: RE: U-2579B/BA

Yes – in my email sent yesterday below – I indicated what was in the app and what was in the mod. Everything is on
line. Here are the links:

Permit app:
Blockedhttps://xfer.services.ncdot.gov/pdea/PermApps/U-
2579B%20Smith%20Cr%20Modification%20January%2029%202020.pdf

Permit Mod:
5

Blockedhttps://xfer.services.ncdot.gov/pdea/PermIssued/U-
2579BA%20Forsyth%20Modification%20Smith%20Cr%20Reloc%20February%2012%202020%20.pdf

Please let me know if you need anything else.
Thanks.

From: Paugh, Leilani Y <[e-mail]>
Sent: Thursday, July 9, 2020 10:09 AM
To: Dagnino, Carla S <[e-mail]>
Subject: Re: U-2579B/BA

Have you submitted the permit mod application or received the mod yet?

LeiLani Paugh
Mitigation and Modeling Group Supervisor
Environmental Analysis Unit
North Carolina Department of Transportation

919 707 6146 office
[e-mail]

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
.

From: Dagnino, Carla S <[e-mail]>
Sent: Wednesday, July 8, 2020 3:14 PM
To: Paugh, Leilani Y <[e-mail]>
Subject: RE: U-2579B/BA

Hi Leilani,
See below, the excerpt from the application for the changes on this project:

6

Since the relocation has not been verified by the USACE as 1:1 credit for the impact, it was determined that we needed
to state this for the permit application sent out last year :

The mitigation for new impacts will be determined when the final plans for the relocated stream are
complete. This plan will be submitted to the USACE and NCDWR for determination of credits applicable
for the Natural Stream Design (NSD) plans for this stream. Currently the proposed NSD is 2,127 linear
feet for Smith Creek (Site 28) and 344 linear feet for UT Smith Creek (Site 28A). Once the credit for
NSD has been determined, NCDOT will contact DMS for the balance.

The Issued 404 Permit issued from that application has the following requirements:

Monitoring protocols shall follow the Monitoring Level I outlined in the Stream
Mitigation Guidelines, April 2003. NCDOT will evaluate the success of the stream
relocation project based on guidance provided by the Stream Mitigation Guidelines
disseminated by the United States Army Corps of Engineers-Wilmington District. The
survey of channel dimension will consist of permanent cross sections placed at six (6)
cross sections (three riffles and three pools). Annual photographs showing both banks
and upstream and downstream views will be taken from permanent, mapped photo
points. The survey of the longitudinal profile will cover a cumulative total of
approximately 2,471 linear feet of channel (2,127’ for Smith Creek and 344’ for the
unnamed tributary. The entire restored length of stream will be investigated for channel
stability and in-stream structure functionality. Any evidence of channel instability will be
identified, mapped and photographed. Pebble counts shall not be conducted. In the
event that success criteria are not being met, remedial measures will be coordinated with
resource agencies. The monitoring shall be conducted annually for a minimum of five
(5) years after final planting. The monitoring results shall be submitted to resource
agencies in a final report within sixty (60) days after completing monitoring. After 5 years,
the NCDOT shall contact resource agencies to schedule a site visit to “close out” the
mitigation site if the site has met success criteria. If success is not met, NCDOT will
make necessary adjustments to the site or pay mitigation fees to cover the impacts.

The construction is set for next year (right now) it will take a while before it is complete. If the USACE says all is good,
then wouldn’t that be the time that we check with DMS to get the credit back? – if it is determined that the relocation
of the channel does not deserve full credit, wouldn’t we want to consider using what we reserved? The 649 at 2:1 or at
least wait and revise the debit at that time? Since this could take a while, how do we make sure this is captured in 5
years?

Thanks.
Carla

From: Paugh, Leilani Y <[e-mail]>
Sent: Monday, July 6, 2020 6:22 PM
To: Dagnino, Carla S <[e-mail]>
Subject: Re: U-2579B/BA

Hi Carla
DMS will adjust the debits based on the permit mod. So we should state in the application or it should be
stated in the permit that the area no longer requires mitigation from DMS.
If it doesn't I can follow up with DMS to explain it and revise the debit.
LeiLani

7

LeiLani Paugh
Mitigation and Modeling Group Supervisor
Environmental Analysis Unit
North Carolina Department of Transportation

919 707 6146 office
[e-mail]

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

From: Dagnino, Carla S <[e-mail]>
Sent: Monday, July 6, 2020 4:19 PM
To: Paugh, Leilani Y <[e-mail]>
Subject: U-2579B/BA

Hi Leilani,

This section of the W-S Beltway had a slope failure and the entire Smith Creek needed to be relocated. Prior to the
decision to relocate the creek, the permitted request for mitigation at the 2 sites on smith creek was 649 linear feet. See
attached transfer form rom DMS. This mitigation will likely not be needed if the USACE approves the relocation.
Therefore, we want to make sure that we don’t get charged for this. You explained to me in the past that the charge for
mitigation does not happen until the project gets closed out. So, in this case, will we not get charged for what we asked
for in the past, that we will not need in the future?

Thanks.
Carla

Carla Dagnino
Environmental Coordination and Permitting Group Leader
Environmental Analysis Unit
NC Department of Transportation

919 707 6110 Office
919 602 9452 Cell
8

[e-mail]

1598 Mail Service Center
Raleigh, NC 27699 -1598

1000 Birch Ridge Drive
Raleigh, NC 27610

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties

Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.

Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.
9

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: NCDOT Action ID:SAW-2008-03183
Project Name: U-2579B,W-S Beltway County: Forsyth
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that to the U.S.Army Corps of Engineers(USACE) Project Manager identified on page two is in receipt of a signed copy of this
form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be
used to provide the mitigation associated with the permit,or if the impacts and/or the mitigation will occur in more than one
8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor
and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor:The Sponsor must verify that the mitigation requirements(credits)shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed,the Sponsor must update the bank
ledger and provide a copy of the signed form and the updated bank ledger to the Permittee,the USACE Project Manager,and
the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements
Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin:03040101,Yadkin River Basin
Stream Impacts(linear feet) Wetland Impacts(acres)
Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal
9,239 1.96
*If more than one mitigation sponsor will be used for the permit,only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin:Choose the 8-digit HUC
Stream Mitigation (credits) Wetland Mitigation (credits)
Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal
17,253 3.92
Mitigation Site Debited: NCDMS
(List the name of the bank to be debited. For umbrella banks,also list the specific site. For NCDMS,list NCDMS. If the NCDMS
acceptance letter identifies a specific site,also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Updated 14 September, 2017

USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North
Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit
issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form,confirming that the
Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor,and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE
Project Manager(address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied,as per current District guidance
and a new version of this form must be completed and included in the USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
NOTES: 1)Total permanent stream impacts on this project(both those impacts requiring compensatory mitigation and those
that do not)are 12,492 linear feet. Included in this total are the proposed relocated reaches of Smith Creek. Mitigation may
be required for this relocation (at a later date) if the required monitoring does not reflect an increase in functions from the
original stream, prior to relocation.
2) Compensatory Mitigation Requirements reflect the total amount needed for this project to date. With the submittal of
this form, the total mitigation needs have been reduced by 1,196 stream mitigation (credits) from the latest form. This
reduction accounts for the relocation of Smith Creek,originally permitted for culvert impacts in the amount of 598 linear feet
of stream impacts. Previous mitigation transfer forms included a 2:1 ratio for this impact.
3) Other sections of the Winston-Salem Beltway are permitted separately and have separate compensatory mitigation
requirements which can be found on their respective mitigation transfer forms.
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed,the Sponsor should provide copies of this form along with an updated bank ledger to:1)the Permittee,2)the USACE
Project Manager at the address below,and 3)the Wilmington District Mitigation Office,Attn:Todd Tugwell,3331 Heritage
Trade Drive, Suite 105, Wake Forest, NC 27587(email: [e-mail]). Questions regarding this form or
any of the permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: Monte Matthews
USACE Field Office: Wilmington Regulatory Field Office
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
Email:
tflove_ Date: 2020.09.22
A(a 12:05:37 -04'00' September 22, 2020
Monte Matthews,Lead Project Manager Date of Signature
Page 2 of 2
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,please complete the
Customer Satisfaction Survey located at our website at http://regulatory.usacesurvey.com/to complete the survey online.

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil.
Page 1 of 2 Form Updated 14 September, 2017