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HomeMy WebLinkAbout20210926 Ver 1_U-5748 Combined Mitigation_20211105 ROY COOPER Governor ELIZABETH S. BISER Secretary NORTH CAROLINA Environmental Quality October 26, 2021 Mr. Philip S. Harris, P.E., CPM Environmental Analysis Unit North Carolina Department of Transportation 1598 Mail Service Center Raleigh, North Carolina 27699-1598 Dear Mr. Harris: Subject: Mitigation Acceptance Letter: U-5748, US 401 Intersection Improvements at SR 2044 (Ligon Mill Road), SR 2224 (Mitchell Mill Road) and SR 2006 (Perry Creek Road), Wake County The purpose of this letter is to notify you that the North Carolina Department of Environmental Quality – Division of Mitigation Services (NCDEQ-DMS) will provide the buffer mitigation for the subject project. Based on the information received from you on October 26, 2021, the impacts are located in CU 03020201 of the Neuse River basin in the Central Piedmont (CP) Eco-Region, and are as follows: Neuse 03020201 CP Stream Wetlands Buffer (Sq. Ft.) Cold Cool Warm Riparian Non-Riparian Coastal Marsh Zone 1 Zone 2 Impacts (feet/acres) 0 0 0 0 0 0 65,105.000 51,170.000 All buffer mitigation requests and approvals are administrated through the Riparian Restoration Buffer Fund. The NCDOT will be responsible to ensure that appropriate compensation for the buffer mitigation will be provided in the agreed upon method of fund transfer. Upon receipt of the NCDWR’s Buffer Authorization Certification, DMS will transfer funds from the NCDOT 2984 Fund into the Riparian Restoration Buffer Fund. Upon completion of the transfer payment, NCDOT will have complete its riparian buffer mitigation responsibility for TIP Number U-5748 in Wake County. Subsequently, DMS will conduct a review of current NCDOT ILF Program mitigation projects in the river basin to determine if available buffer mitigation credits exist prior to procuring new buffer assets. If there are buffer mitigation credits available, then the Riparian Restoration Buffer Fund will purchase the appropriate amount of buffer mitigation credits from the NCDOT ILF Program. If you have any questions or need additional information, please contact Ms. Beth Harmon at 919-707-8420. Sincerely, James B. Stanfill DMS Asset Management Supervisor cc: Ms. Amy Chapman, NCDWR – Raleigh File: U-5748 Jeffrey’s Warehouse Mitigation Site ONEID 096-003 The Jeffrey’s Warehouse Mitigation Site is located in Wayne County within the USGS hydrologic unit 03020201 of the Neuse River. NCDOT acquired the 93.16 acre site to mitigate for unavoidable, jurisdictional impacts associated with TIP R-1030AA. Monitoring requirements were performed from 2007 to 2011 and the site was closed out in 2012. Table 1 shows the final mitigation quantities approved for the site. The site has been placed on the NCDOT On-site Debit Ledger for use within HUC 03020201. Tables 2-6 indicate all mitigation debits that have occurred per regulatory agency approval. In order to offset unavoidable impacts affiliated with U-5748, the Jeffery’s Warehouse Mitigation Site will be debited 1105 linear ft of credit to offset 552.5 linear feet of impacts associated with this project. Debits are shown below. Table 1. Mitigation Quantities Approved Mitigation Type Debit Amount Starting Amount Notes 3020201 Non Riparian Wetland Restoration 16.23 3020201 Riparian Wetland Preservation 12.36 3020201 Riparian Wetland Restoration 3.66 3020201 Stream Restoration 3731 3020201 Buffer Restoration 316507 Table 2. Mitigation Debits – Non Riparian Wetlands Mitigation Type Debit Amount Status Site TIP Action ID# Notes Non Riparian Restoration 2.76 Close Out R-2719A 2008-02460 Non Riparian Restoration 0.92 Close Out B-4304 2004-20510 Non Riparian Restoration 1.96 Close Out R-2814A&B 2008-01316 Table 3. Mitigation Debits – Riparian Wetland Preservation Mitigation Type Debit Amount Status Site TIP Action ID# Notes Riparian Wetland Preservation 3.05 Close Out R- 2814A&B 2008-01316 Riparian Wetland Preservation 8.61 Close Out R-2554A 2008-00252 Table 4. Mitigation Debits – Riparian Wetland Restoration Mitigation Type Debit Amount Status Site TIP Action ID# Notes Riparian Wetland Restoration 2.49 Close Out R-2814A&B 2008-01316 Riparian Wetland Restoration 0.21 Close Out R-2554A Riparian Wetland Restoration 0.22 Close Out B-4659 2009-01781 2:1 Ratio Riparian Wetland Restoration 0.3 Close Out I-3318BB Proposed Debit. NCDOT was required to mitigate at a 2:1 ratio Riparian Wetland Restoration 0.44 W-5600 0.44 impacts at 1:1 ratio Table 5. Mitigation Debits – Stream Restoration Mitigation Type Debit Amount Status Site TIP Action ID# Notes Stream Restoration 452 Close Out B-3528 226ft@2:1 2008-00153 226ft@2:1 Stream Restoration 61 Close Out U-4011 2005-20914 Stream Restoration 25 Close Out U-3344A 2003-20445 Stream Restoration 279 Close Out EB-4993 2011-00602 Stream Restoration 174 Close Out R-3825a 2011-01695 Stream Restoration 20 Close Out I-5311/I- 5338 2013-00068 Mitigation Type Debit Amount Status Site TIP Action ID# Notes Stream Restoration 151 Close Out I-5506 Debit from the permit application Stream Restoration 83 Close Out Bridge 277 over Black Creek on Old stage Rd (SR 1006) Unable to find documentation to confirm Stream Restoration 1222 Close Out I-5700 611 @ 2:1 Stream Restoration 1105 Close Out U-5748 552.5 ft of impacts at 2:1 ratio Table 6. Mitigation Debits – Buffer Restoration Mitigation Type Debit Amount Status Site TIP Action ID# Notes Buffer Restoration 38648 Close Out B-4300 2004-20705 Buffer Restoration 161453 Close Out R-2719A 2008-02460 Buffer Restoration 3653 Close Out B-4304 2004-20510 Buffer Restoration 16398 Close Out B-4592 2008-02056 Buffer Restoration 24458 Close Out U-4703 2005-20126 Buffer Restoration 45558 Close Out U-3344A 2003-20445 Buffer Restoration 11393 Close Out Div Proj. SR 1340 2010-00420 Mitigation Type Debit Amount Status Site TIP Action ID# Notes Buffer Restoration 2199 Close Out DIV Proj SR1204 No action ID due to a non- reporting NWP14 Buffer Restoration 3861 Close Out I-5311/I5338 2013-00068 Oakwood Cemetery Mitigation Site ONEID 092-006 The Oakwood Cemetery Site is located in Wake County within the USGS hydrologic unit 03020101 of the Neuse River. NCDOT acquired the site to mitigate for unavoidable, jurisdictional impacts associated with TIP R-2000ER-2000EA/EB. Table 1 shows the final mitigation quantities approved for the site. Table 2 indicates all mitigation debits that have occurred per regulatory agency approval. To offset unavoidable impacts associated with U-5748, the Oakwood Cemetery mitigation site will be debited 329 linear of credit to offset 164.5 linear ft of impacts. The table below reflects the debits Table 1. Mitigation Quantities Approved HUC Mitigation Type Starting Amount Additional Notes 3020101 Stream Restoration 1300 Table 2. Mitigation Debits – Stream Restoration Mitigation Type Debit Amount Status SITE TIP Action ID# Notes Stream Restoration 519 Close Out R-2000ER- 2000EA/EB 199601917 Stream Restoration 329 Close Out U-5748 164.5 ft of impacts at 2:1 ratio Pancho Wetland The Pancho Stream and Wetland mitigation site is located on the North and South sides of Stevens Mill Road, northeast of Newton Grove and South west of Princeton in Wayne County NC. The mitigation site is adjacent to and including Kennedy Mill Branch, within the Neuse River Basin, Hydrologic Code (HUC) 03020201. NCDOT has acquired 4.482 acres of riparian wetland credit to offset the impacts associated with future TIP’s. U-4758 has 0.20 acres of impacts that will be debited at a 2:1 ratio and 0.17 acres of impacts that will be debited at a 1:1 ratio. This total of 0.57 acres of mitigation is shown in the table below and will be debited from the Pancho Wetland Mitigation site. Debits: Site Name TIP Debit Amount Permit Date Notes Links Pancho Wetland I3306A 0.36 0.18 IMPACTS @ 2:1 Pancho Wetland u-4758 0.57 0.20 ac @2:1 0.17 ac @1:1(IMPACTS) STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER JAMES H. TROGDON, III GOVERNOR SECRETARY Mailing Address: NC DEPARTMENT OF TRANSPORTATION ENVIRONMENTAL ANALYSIS UNIT 1598 MAIL SERVICE CENTER RALEIGH, NC 27699-1598 Telephone: (919) 707-6000 Fax: (919) 250-4224 Customer Service: 1-877-368-4968 Website: www.ncdot.gov Location: 1000 BIRCH RIDGE DRIVE RALEIGH, NC 27610 February 5, 2020 Ms. Tiffani Bylow Restoration Systems, LLC 1101 Haynes St. Suite 211 Raleigh, North Carolina RE: Pancho Stream & Wetland Mitigation Bank Contracts Performance Bond Mitigation Credit Agreement Purchase Contracts #7700002153 & #7700002000 (formerly #6300050227) Dear Ms. Bylow: We have received your request for the release in the Contract Performance Bond regarding the above referenced Contracts. We have the signed Credit Release letter and Transfer of Credit Affidavits for all purchased credits and the contracts have been fulfilled. The bond may be released. Sincerely. LeiLani Paugh Mitigation and Modeling Group Supervisor NCDOT EAU PANCHO STREAM AND WETLAND MITIGATION BANK TRANSFER OF CREDIT AFFIDAVIT Permittee: NC DEPARTMENT OF TRANSPORTATION Project Name: Transportation Improvement Projects Compensatory Mitigation Credits: __4.482 riparian wetland credits______ Mitigation Site Debited: Pancho Stream & Wetland Mitigation Bank Mitigation Site Info: Located in Wayne County, Neuse River Basin, and Cataloging Unit 03020201 and authorized by the Interagency Review Team (IRT) pursuant to the Pancho Stream & Wetland Mitigation Bank “Mitigation Banking Instrument” (MBI) approved April 12, 2012 (Bank). 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, associated with the USACE Permittee shown. I also verify that released credits, as approved by the USACE, are currently available at the mitigation site identified above. Mitigation Sponsor Name: __Restoration Systems, LLC____________ Name of Sponsor’s Authorized Representative: __John Preyer____________ _________________________________ __2/21/2018____ Signature of Sponsor’s Authorized Representative Date of Signature