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HomeMy WebLinkAboutSAW-2009-01114_ permit_ modification �SdT O� "O\T17 % DEPARTMENT OF THE ARMY ~ ;`�~ WILMINGTON DISTRICT,CORPS OF ENGINEERS a °'ii . 69 DARLINGTON AVENUE roe WILMINGTON, NORTH CAROLINA 28403-1343 /go- STg7F.5 OF March 29, 2021 Regulatory Division/1145b Action ID: SAW-2009-01114 Mr. Robert Heuts Raleigh Executive Jetport 700 Rod Sullivan Road Sanford, NC 27330 Dear Mr. Huets: Reference the Department of the Army (DA) permit issued to you on April 30, 2019, for the discharge of fill material into 0.48 acre of wetlands and 138 linear feet of intermittent stream channel associated with the expansion of the Raleigh Executive Jetport. The project site is located on the existing Raleigh Executive Jetport property, at the Rod Sullivan Road terminus, in the north portion of Lee County, North Carolina (35.5768N, -79.1084W). The site lies within the Hughes Creek watershed in the Cape Fear River Basin (HUC 03030004). Reference is also made to your letter dated February 5, 2021, requesting modification to the existing DA permit referenced above. Specifically, you have requested to modify construction drawings to meet stormwater needs from the Jetport expansion. These modifications result in an additional 0.047 acre of permanent wetland impacts. In order to offset unavoidable impacts to the additional 0.047 acre of wetlands in the permit modification request, the applicant has proposed mitigation at a 2:1 ratio, in the form of payment to the North Carolina Division of Mitigation Services. I have determined that the proposed project modifications described above are not contrary to the public interest and are consistent with the 404 (B) (1) Guidelines and therefore, the DA permit is hereby modified. The authorized work shall be completed in accordance with the attached revised drawings. To mitigate for additional unavoidable impacts associated with this permit modification special condition "17" is hereby added to read as follows: - 2 - "In order to compensate for additional impacts associated with the permit modification request, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization." This approved modification should be attached to the original permit and will be utilized for future compliance reviews of the project. It is understood that all other conditions of the permit, including the permit expiration date, remain applicable. Should you have questions, contact Mr. James Lastinger, Raleigh Regulatory Field Office at telephone (919) 554-4884, Extension 32. FOR THE DISTRICT COMMANDER jc.vrA-1.4, �✓ Benjamin A. Bennett Colonel, U. S. Army District Commander Enclosures Copy Furnished: (w/enclosures) Ms. Kelly Williams Division of Mitigation Services 1652 Mail Service Center Raleigh, NC 27699 Ms. Amy Chapman Division of Water Resources 1617 Mail Service Center Raleigh, NC 27699 Mr. Edward Smail Michael Baker International, Inc. 4425 Belle Oaks Drive North Charleston, SC 29405 U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee:Raleigh Executive Jetport,Attn: Robert Heuts Action ID:SAW-2009-01114 Project Name: Raleigh Executive Jetport expansion County: Lee 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 Wilmington District 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 verifies that the mitigation requirements (credits) shown below have been released and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether 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 ledger to the Permittee, the Project Manager who issued the permit, the Bank Project Manager, and the 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:03030004,Cape Fear River Basin Stream Impacts(linear feet) Wetland Impacts(acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal .047 *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:03030004, Cape Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal .094 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 Wilmington District,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 Date July 7, 2020 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 District 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 District 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. When NCDMS provides mitigation 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 NCDMS must be provided to the District within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District 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 District 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 District, the Sponsor must obtain case-by-case approval from the District 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 District administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: This form is not valid unless signed below by the District 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 District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District Mitigation Office,3331 Heritage Trade Drive,Suite 105, Wake Forest,NC 27587(or by email to SAWMIT@usace.army.mil). Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office. USACE Project Manager: James Lastinger USACE Field Office: Raleigh Regulatory Field Office US Army Corps of Engineers 3331 Heritage Trade Drive,Suite 105 Wake Forest, NC 27587 Email:james.c.lastinger@uscace.army.mil c✓rnco �✓ March 29, 2021 Wilmington District Project Manager Signature Date of Signature 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.armv.mil. Page 2 of 2 EXISTING CONDITIONS' '� Legend HEADWATER FOREST WETLAND\\ —Existing Facilities ----- _ADJACENT TO RPW PROJECT STUDY AREA / i Airport Property Boundary -_----_ - •Delineated Stream \ / I Project Study Area Boundary , O.Z Delineated Wetland - -- ®Stormwater Pond ..\_ EXISTING STORMWATER POND ❑ ' JURISDICTIONAL z _ STREAM - E _ —� 0 -immiliiiiiiiiiih___ - - - -- C ] C ] C C J1— D D 0 L J C C C ] C / �pIl� � 11 ONmnAWuunIIQ 1 C ? j C C Cuwuw�Xuuwun umnni noon° CC NIIII1 Wn/ innit l(I FA( 3. 1 J [ �— C . • R}i z AimelA A 7A7---.7- . L, L__ L:41;__ ,--, 1TJ TJ TI T1 I } 1T1T1TLT1T1T1T1TTT1 V T T T T T T T T T T T T y 1 1 1 1 1 1 1 1 1 1 1 1 T T T T T C I T T T T T T T T \.........T T T T T T T T T T T T 1( ;:ir-4_______1 u RALEIGH EXECUTIVE JETPORT EXISTING AIRPORT FACILITIES SOUTH TERMINAL DEVELOPMENT " LEE COUNTY N.C. DATE:JANUARY 11,2021 eo e MONCURE 7.5'USGS TOPO eI T. e u o SHEETIOF3 1In_ e e - 0 150 300 , e e I Feet e 1 inch=300 feet PROPOSED PLAN VIEW Proposed New Hangars— \ PROJECT STUDY AREA _ J __ --_ — _ Proposed New Taxilane/Aprons \ 1 EXISTING STORMWATER POND �--_� I/ __ --- Limits of Disturbance _ 0000000A, Is, �`v•., NkNOI'__ Proposed New Hangars ----- i •_ �111 '_J Legend /.• —..Delineated Stream • /,• I/ —_— _� `__ Existing Facilities � t — Airport Property Boundary j / �� ■ II _ * --•Limits of Disturbance ■ C •■ ■ \ -- NPDES-Silt Fence ■ in ■ ■ QProjectArea Boundary /: — ■ A. : [ • ■ I I I Proposed Hangars • C A. I=Proposed Taxilane/Aprons ■ HEADWATER FOREST WETLAND 1- A C ■ ■ ®Proposed Riprap Pads ADJACENT TO RPW C ■ ■ > fl_d Clearing Impacts 0.007 ACRES FILL(RIPRAP) [ 7 ■ ■ ■ ■ � I' \ i• • UIImmYuIInIN ®Riprap Pad 0.04 ACRES CLEARING [ : ■ C ■ ■ I u"." uuuwln ODelineatedWetland • �, [ ■ ■ C ■ �_— I 111111111111,11111111111J ®DNE Thick C D .I . L m . ::. ..*::::' I il 111, --- 1:11 Proposed Clearing -D——1— A&A - A.eaA c E \ — — _ iiii v ` 1T1T1T1T1 1r Proposed Riprap Pads- — P@4 J .L J.-L1T1.1.1.LJ.1 TTTTTTTTTTTT :;' 111111111111 r 4I ( I T T T T T T T T T T RALEIGH EXECUTIVE JETPORT —AJ itA ., \ SOUTH TERMINAL DEVELOPMENT � � LEE COUNTY N.C. 9�k - DATE:JANUARY 11,2021 NPDES-Silt Fence ,44 MONCURE 7.5'USGS TOPO �� ` , • SHEET 2OF3 Limits of Disturbance ��` •01, 0 150 300 ��` Feet CROSS-SECTION VIEW TRENCH FORMER DETAIL TOGGLE LOCK AUXILLARY RAIL — SLOPE 0.7 NTC TRANSITION TO OUTL.T RIPRAP TRENCH! • 12"OF CLASS SEE STRUCTURE TABLE I�I� �� ;i +a..-- FLOW „�%IX�9G- 1 �r%�' Y 1Zbi 2-15"CMP CULVER � �/����j����=����ij� �� fir, �--�. FLO [Said A '�•t,.. - _`��i 1�1i�� A TRENCH RIRRAP �`�`►•1� .��_� •��!11 HORIZONTA �t�``�a!�'�•'� % GEOTEXTIL nizzigaMrd TRANSITION TO MATCH SECTION A-A B PLAN VIEW RIP RAP BASIN NUMBER TABLE FOR DETAIEXISTING WESWOND 2 OUTLET BER _ NATURA A 1.5 1.68 2.7 O GEOTEXTILE SECTION B-B NOTES: ROCK ENERGY DISSIPATOR BASIN DETAIL 0•7 NTS RALEIGH EXECUTIVE JETPORT SOUTH TERMINAL DEVELOPMENT LEE COUNTY,N.C. DATE:JANUARY 11,2021 MONCURE 7.5'USGS TOPO SHEET 3OF3