19951250 Ver 3_401 Application_20110223

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STATE OF NORTH CAROLINA
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DEPARTMENT OF TRANSPORTATION
BEVERLY EAVES PERDUE EUGENE A. CONTI, JR.
GOVERNOR SECRIDARY
February 11, 2011
U.S. Army Corps of Engineers
Regulatory Field Office A ` C ®v
Post Office Box 1890 M® m?
Wilmington, NC 28402-1890
ATTN: Mr. Scott McLendon
Assistant Chief, Regulatory Division
Subject Modification Request for Individual Section 404 Permit and to Individual
Section 401 Certification for R-512 A, B, C, D, E, F
For U.S. 74 Rockingham-Hamlet Bypass
Richmond County
NCDOT Division 8
State Project Numbers 6.589001T
T.I.P. Project Number R-512
Reference:
Individual 401 Water Quality Certification No. 3094 issued January 6,
1999, replacing the ones issued January 7, 1997 and April 1, 1997.
• Individual Section 404 Permit issued January 29, 1997. COE Action ID
199301490
• U.S. Army Corps of Engineers letter dated January 14, 2011 from Scott
McLendon to Gregory J. Thorpe-
• Ecosystem Enhancement Program Acceptance letter dated April 20,
2006
• Ecosystem Enhancement Program Acceptance letter dated February 11,
2011
Dear Mr. McLendon:
This letter addresses the mitigation requirements specified in the R-512 project permits that
remain unfulfilled, as described in your letter of January 14, 2011 to the North Carolina
Department of Transportation (NCDOT). The permit specified that the NCDOT acquire and
implement the Long Swamp Mitigation site and an additional unidentified mitigation site to
offset the wetland impacts of the project. The 401 Water Quality Certification specified the use
of both Long Swamp and Gibson Pond mitigation sites. Consequently, altering the mitigation
arrangements for the project requires modifications to the project permits. This letter is intended
to request the appropriate permit modifications, and document our current mitigation proposals'
for the project.
Project R-512 resulted in impacts to Waters of the United States in Cataloging Units (CU)
Yadkin 03040201 and Lumber 03040204. NCDOT provided for part of the required mitigation
for R-512 with the Long Swamp site in Hoke County. This site is in the Lumber Basin, in CU
03040203.
During the monitoring period, a portion of Long Swamp did not meet hydrologic succe?s criteria.
This left the project with a mitigation deficit of 43.1 acres of nonriparian and 20 acres of riparian
wetlands. This situation was documented in letters from NCDOT dated November 25, 2002 and
July 1, 2004 to Richard Spencer of the Corps of Engineers (COE). The 2004 letter also asked the
COE to concur that the Long Swamp site should be closed out, which the Corps never responded
to. NCDOT subsequently issued a Request for Proposals (RFP) to cover the R-S 12 mitigation
deficit but received no proposals.
As noted in your letter, the NCDOT requested that the North Carolina Ecosystem Enhancement
Program provide the outstanding mitigation for the R-512 project in CU 201 by letter dated April
14, 2005. The EEP agreed to provide this mitigation in a letter to NCDOT dated April 20, 2006
(attached). EEP issued an RFP for mitigation, but also did not receive any proposals. They did,
however, continue to develop mitigation in nearby CUs. Following recent discussions, EEP has
reissued an acceptance letter, dated February 11, 2011 reiterating that they accept responsibility
for the project's mitigation requirements, and also summarizing information on available
mitigation sites in appropriate CUs.
NCDOT suggests the use of Juniper Bay to address the R-512 deficit of 43.1 acres of nonriparian
mitigation. The EEP's current ledger shows that Juniper Bay has 514.47 available credits. The
site is a restored Carolina Bay, and is in its fifth year of monitoring. Juniper Bay is also in the
same CU as Long Swamp (Lumber 03), so the original permit allowed the provision of
mitigation in a CU adjoining the CUs containing the project impacts.
For the remaining R-512 mitigation deficit of 20 acres of riparian impacts, NCDOT suggests
using one of the two EEP mitigation sites mentioned in their February 9, 2011 letter: Jones Creek
and McDonald's Pond, from CU 201 in the Yadkin Basin. Both sites have riparian credits
available, both are in their fifth year of monitoring; and both are in the same CU as project
impacts. Utilizing sites that are already in the ground makes considerably more sense than
issuing yet another RFP seeking potential sites in CUs 201 and 204.
At the IRT meeting February 8, 2011, the agencies discussed the possibility of levying an
increased mitigation requirement on NCDOT due to the perception of a "temporal loss" in
wetland values caused by delays in the provision of mitigation for the R-512 project. The
NCDOT does not agree that such an increase is warranted. The Long Swamp and Gibson Pond
sites were provided at permit time, and mitigation ratios were levied on the permit requirements.
These ratios are meant in part to account for any temporal losses of wetland values.
The COE has been aware since at least 2002 of concerns with the Long Swamp Site. The COE
has also been informed of NCDOT's attempts to address this issue through an RFP, of ESP's
acceptance of the project, and of their subsequent attempts to address the deficit. At the same
time that discussions were being held to close-out Long Swamp in 2005, EEP was moving
forward to implement new sites in the appropriate CU. At this time, there are three sites in the
ground in area CUs with credits available to address the deficit: NCDOT's site Juniper Bay, and
ESP's sites Jone's Creek and McDonald's Pond. There has not been a ten-year delay in provision
of mitigation for the R-512 project, as suggested by the Corps.
2
The only major time-delay was that a formal request for a permit modification has not been
processed. Throughout this time period, the project mitigation status and efforts of all parties
were fully documented through correspondence. NCDO"r does not agree with the proposed
increase in mitigation for the reasons discussed above.
Accordingly, NCDOT requests that the R-512 permit (COE Action ID 199391490) be modified
to reflect that EEP will provide the mitigation for the project. NCDOT also requests that the
Long Swamp site be formally closed out, as this apparently was not done since our request in
2004.
A copy ofthis permit modification request and its distribution list will be posted on the NCDOT
website at htlD://Nvww.ncdot.orr;/doh/oreconstruct/De/neu/Dermit.hhnI
Thank you for your assistance with this project
Sincerely,
LA I
Gregor J. Thorpe, Ph.D., Environmental Management Director
Project Development and Environmental Analysis Branch
cc:
NCDOT Permit Application Standard Distribution List
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PROGRAM
February 11. 2011
Mr. Gregory J. Thorpe, Ph.D.
Manager, Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Dr. Thorpe:
Subject: Long Swamp Wetland Mitigation Site, Hoke County
TIP R-0512, US 74 - Rockingham/Hamlet Bypass
This purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will
provide the additional mitigation required to offset the wetland mitigation requirements associated with
the Rockingham/Hamlet Bypass (TIP Number R-0512). According to information provided by the
NCDOT and discussions at the IRT meeting held on Februarys 8, 2011, the unmet mitigation amounts are
20.0 riparian wetland mitigation credits and 43.10 non-riparian wetland mitigation credits.
The Long Swamp Wetland Mitigation site, located in the Lumber River basin cataloging unit
03040203, was constructed by the NCDOT in August 1998 to offset unavoidable impacts associated with
the construction of the Rockingham/Hamlet Bypass (TIP Number R-0512). Some areas within the
mitigation site failed to reach optimum hydrology after the required five year monitoring period:
therefore, the maximum mitigation credit for this site was not possible. Post-construction monitoring has
been completed per the approved mitigation plan for this site and the NCDOT has requested the USACE
and NCDWQ concur with the recommendation to "close out" the site and to provide additional wetland
mitigation to offset the deficits through another source.
The NCDOT elected to request mitigation assistance from the EEP for the riparian and non-
riparian wetland mitigation deficits associated with the Long Swamp Wetland Mitigation site. This
proposal has been discussed and tentatively approved by the regulatory agencies. The regulatory agencies
requested information from the' EEP on the available advanced riparian and non-riparian wetland
restoration mitigation sites located in the upper Lumber and lower Yadkin-Pee Dee River basins and the
current available mitigation credits that could be utilized to offset the deficit which are listed in the table
below.
Mitigation Site River Basin Cu Phase Type Available.Credits*
Juniper Bay Lumber 03040203 Monitoring Year 5 Non-riparian 514.47
Jones Creek Yadkin 03040201 Monitoring Year 5 Riparian 24.49
McDonald's Pond Yadkin 03040201 Monitoring Year 5 Riparian 18.96
*NOTE: Available mitiention credits as of January 31, 2011.
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NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-04761vnwi.naeep.nel
Mr. Greg Thorpe
February 11, 2011
Page Two - Long Swamp Wetland Mitigation Site
EEP will debit the appropriate mitigation site(s) and amounts once the permit modifications are
issued by the USACE and NCDWQ.
if you have any questions or need additional information, please contact Jim Stanfill at 919-715-0814.
Sincerely,
William D. Gilmore, P.E.
EEP Director
cc: Mr. Scott McLendon, USACE- Wilmington Regulatory Field Office
Mr. Todd Tuglvell, USACE - Falls Lake
Mr. Brian Wrenn, Division of Water Quality, Wetlands/401 Unit
Mr. Rand), Griffin, Jr., NCDOT - PDEA
Ms. Linda Fitzpatrick, NCDOT - PDEA
File: R-0512 (Long Swamp Revised)
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NCDENR
North Carolina Ecosvslem Enhancement Proaram. 1652 Mail Service Center. Raleich. NC 27699-1652 1919-715-0476 1 mwi nceeo. net
April 20, 2006
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: Long Swamp Wetland Mitigation Site Deficit
Lumber River Basin, Cataloging Unit 03040203
Hoke County, NCDOT Division 8
The purpose of this letter is to notify you that the Ecosystem Enhancement
Program (EEP) will provide the additional mitigation required to offset mitigation deficit
associated with the Long Swamp Wetland Mitigation site. According to information
provided by you in a letter dated April 14, 2005, the remaining mitigation amount
required is 20.0 acres riverine wetland restoration and 43.10 acres non-riverine wetland
restoration. EEP agrees to provide these outstanding mitigation requirements with 20
riparian restoration. credits and 43.10 non-riparian restoration credits.
The Long Swamp Wetland Mitigation site was constructed by the NCDOT in
August 1998 to offset unavoidable impacts associated with the construction of the
Rockingham/Hamlet Bypass (TIP Number R-512). Some areas within the mitigation site
failed to reach optimum hydrology after the required five year monitoring period;
therefore, maximum mitigation credit for this site was not possible. Post-construction
monitoring has been completed per the approved mitigation plan for this site and the
NCDO'f has requested the USACE and NCDWQ concur with the recommendation to
"close but" the site and to provide additional wetland mitigation to offset the deficits
through another source.
The NCDOT elected to request mitigation assistance from the EEP for the
riverine and non-riverine wetland deficits associated with the Long Swamp Wetland
Mitigation site. The NCDOT has discussed this recommendation with the proper
environmental regulatory agencies; however, EEP has not received any additional
correspondence from the USACE to indicate if concurrence to "close out" the mitigation
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ObENR
North (arolina Ecosystem Enhancement Program, 1652 Mail Service (enter, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
site was granted. The EEP will need verification from the USACE that the Long Swamp
-Wetland Mitigation site has been "closed out" and a final total of the wettamd mitigation
deficits associated with the site.
EEP is discussing this issue with the USACE to determine the appropriate
timeframe that the mitigation debit is required. The additional mitigation associated with
the Long Swamp Wetland Mitigation site deficit was included in the EEP's 2006 - 2008
Biennial Budget that was submitted to the NCDOT in April 2006.
If you have any questions or need additional information, please contact Ms. Beth
Harmon at 919-715-1929.
Sincerely,
i Cam. Gilmore, P.G.
EEP Director
cc: Mr. Richard Spencer, USACE-Wilmington
Mr. Scott McLendon, USACE-Wilmington
Mr. John Hennessy, Division of Water Quality; Wetlands/401 Unit
Mr. Marc Recktenwald, NCDENR-EEP
Mr. Randy Griffin, Jr., NCDOT-PDEA
File: Long Swamp Mitigation Site