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Home My WebLink About20120280 Ver 2_USACE Correspondence_20121210REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403 -1343 Regulatory Division/1145b Action ID. SAW- 2011 -01375 Mr. Bobby Branch BA Branch Properties, LLC 402 Forestwood Park Road Sanford, North Carolina 27330 Dear Mr. Branch: December 7, 2012 _k -D'D,�D U -a- Reference the Department of the Army (DA) permit issued to you on August 14, 2012, which authorized total permanent impacts to 2.17 acres of jurisdictional wetlands associated with the Marketplace at Tramway. The project site is located on a 45 -acre tract located in the southeast quadrant of the intersection of Jefferson Davis Highway (US 1- 151501) and Tramway Road (NC Highway 78), in Tramway, southwest of Sanford, Lee County, North Carolina. The geographic coordinates (in decimal degrees) for the site are 35.4368 N. and -79 2158 W (NAD83 /WGS84) The project impacts a wetland that drains into an unnamed tributary of the Upper Little River in the Cape Fear River (HUC 03030004) The Cape Fear River is a navigable water of the United States. Reference is also made to your letter of December 4, 2012, requesting a modification to your existing DA permit associated with the development of the Marketplace at Tramway. Specifically, you requested the filling and necessary compensatory mitigation for the remaining 1.4 acres of non - riparian wetlands shown as Phase 2 on the attached Wetlands Disturbance Phases Map dated SEPT 2012. Accordingly, we have completed our evaluation of your request and concur with your request to fill the Phase 2 wetlands Please be aware that Special Condition "e" continues to apply. Special Condition "e" reads as follows: In order to compensate for impacts associated with Phase 2 of this permit, 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. -2- It is understood that all other conditions of the permit, including the permit expiration date, remain applicable Should you have questions, contact Mr Craig Brown, Raleigh Regulatory Field Office at telephone (919) 554 -4884, Extension 35 Sincerely, Steven A Baker Colonel, U.S. Army District Commander Attachments Copy Furnished (with attachments) Ms. Jennifer Burdette Burdette Land Consulting 10212 Creedmoor Road Raleigh, NC 27615 Ms. Karen Higgins NC Division of Water Quality 1650 Mail Service Center Raleigh, NC 27604 ON WAY 7$ �t sir c UiE a w O 1H�GH GENE COLE BK 1931 PG 679 j TRAMWAY R 8K 1131 r'G 679: m� 9 1 1111 II 11111111111111 u MARY MARCl PHASE 2 G GF TINS DISTURBED AREA BLS 962 PG 50 1.4 ac rr r- i i yr`r� PHASE 1 DISTURBED AREA 0 77 ac TIFFANY A HL PC 2005 LARRY K. ALL.N 5MVEYI NG P.O. BOX 487 Sanford, North Carolina 27330 Phone: (919) 842 -0334 r Scale Drawn WETLANDS DISTURBANCE PHASES DRAFTING AND DESIGN MARKETPLACE AT TRAMWAY =100 SE RVICES INC Pined Number Date TRAMWAY, NORTH CAROLINA 2012 -06 SEPT2012 U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation ResDonslblllty Transfer Form Permittee BA Branch Properties, LLC Action ID SAW- 2011 -01375 Project Name Marketplace at Tramway /Phase 2 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 Ecosystem Enhancement Program ( NCEEP), 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 (USAGE) 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 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 appropriate ledger and provide a copy of the signed form to the Permittee and to the USACE Bank/In -Lieu Fee Program Manager The Sponsormust 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) Riparian Riparian Warm Cool Cold Non - Riparian Coastal Rivenne Non- rivenne 14 '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 03030005. Caoe Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Riparian Riparian Warm Cool Cold Non - Riparian Coastal Rivenne Non- riverine 28 Mitigation Site Debited Barra Farms Phase II Wetland Mitigation Bank (List the name of the bank to be debited For umbrella banks, also list the specific site For NCEEP, list NCEEP If the NCEEP 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 NCEEP), 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 Form Updated 18 September,2012 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 None This form Is not valid unless signed by the mitigation Sponsor and USACE Project Manager For questions regarding this form or any of the conditions of the permit authorization, contact the Project Manager at the address below USACE Project Manager Craig Brown USACE Field Office Raleigh Regulatory Field Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Email craig j brown @usace army mil USACE Project Manager Signature December 7, 2012 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 Hribits usace army mil 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 Ureaulatory usacesurvev com to complete the survey online N W E BURDETTE LAND CONSULTING, INC. 10212 Creedmoor Road - Raleigh, North Carolina 27615 Telephone (919) 841 -9977 — Fax (919) 841 -9909 S December 4, 2012 Mr Craig Brown US Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 RE Phase 2 Permit Modification The Marketplace at Tramway, Tramway, Lee County, NC USAGE Action ID # SAW - 2011 -01375 DWQ Project # 2012 -0280 LDENR :b2012 BLC Project # 11404 TE Dear Mr Brown The Marketplace at Tramway commercial development is located in the southeast quadrant of the intersection of Jefferson Davis Highway (US 1 -15 -501) and Tramway Road (NC Highway 78) southwest of Sanford, Lee County, North Carolina An Individual Permit was issued by the US Army Corps of Engineers ( USACE) for this project on August 14, 2012 with an expiration date of December 31, 2022. Subsequently, a permit modification to complete the impacts in two phases was approved by the USACE on October 11, 2012 The North Carolina Division of Water Quality (NCDWQ) issued a modification to the Individual 401 Water Quality Certification with Additional Conditions for the project phases on October 4, 2012 To compensate for impacts associated with Phase 1, a Wetland Mitigation Bank Transfer of Credit Certificate and Compensatory Mitigation Responsibility Transfer Form were executed on October 15, 2012 documenting the applicant's payment for 1 54 acres of non - riparian wetland restoration Mr Brown December 4, 2012 Page 2 of 2 The applicant is now ready to proceed with Phase 2 of the project We request a permit modification to begin work within the remaining 14 acres of jurisdictional wetlands including a Compensatory Mitigation Responsibility Transfer Form for 2 8 acres of non- npanan wetland restoration to compensate for the impacts associated with this phase of the project Wetland impacts associated with both phases of the project are depicted on the attached Wetlands Disturbance Phases Map dated Sept 2012 If you have any questions about this' modification request, please do not hesitate to call me at (919) 841 -9977 Sincerely, Burdette Land Consulting, Inc Jennifer A Burdette Environmental Specialist Attachment c Bobby Branch — BA Branch Properties, LLC Mark Lyczkowski — ML Consultants Karen Higgins — NCDWQ ,+✓ �+ AY �OAp H�GHW PY �8 GENE COLS UK i I a I r7c; 1Rp,Mw B K t 131 PG 679 IIII J II111111111IIII1 MARY MARCI PHASE 2 C GITTINS DISTURBED AREA BK 96e2" PG 1 4 ac PHASE 1 DISTURBED AREA 0 77 ac TIFFANY A B1 PC 2n05 LARRY K. ALLEN 5U KVLYI NG P.0 BOX 487 Sanford, North Carolina 27330 Phone (919) 842 -0334 Scala Drawn by- WETLANDS DISTURBANCE PHASES MARKETPLACE AT TRAMWAY 1".1G0' DRAS� yes DDESIGN INC Project Number Date TRAMWAY, NORTH CAROLINA 2012 -00 SEPT2012