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HomeMy WebLinkAboutPermit Mod R-1015 04-2022DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS r 69 DARLINGTON AVENUE _ WILMINGTON, NORTH CAROLINA 28403-1343 April 14, 2022 Regulatory Division Action ID No. SAW-1993-02466 North Carolina Department of Transportation Environmental Analysis Unit Mr. Phillip S. Harris III, Unit Head 1598 Mail Service Center Raleigh, North Carolina 27699-1598 Dear Mr. Harris, Reference the Department of the Army (DA) individual permit (IP) Action SAW- 1993-02466 issued April 18, 2019, to construct a new US 70 bypass of Havelock, North Carolina in Craven County, North Carolina. Also reference the permit modification request dated March 3, 2022, affecting areas of the above referenced project. Several design changes have been made to the project and the modification request details the changes by narrative and with revised plan sheets. The modification requests changes in impacts to three sites along the work corridor and result in additional permanent wetland impacts of 0.28 acres. The impacts are located at the following locations: Site 3: (MSC Walls). The fill section needs to be extended further due to the elevation of the MSE wall. The slope will have to extend further to match the existing grade. Fill amounts increase 0.11 ac (change of 0.10 ac in the page summary), and mechanized clearing increase 0.01 ac. Site 5: Additional excavation is needed for the footers. Hand clearing and mechanized clearing will need to be changed to excavation in wetlands. The contractor needs to install an RR crossing for construction and will require temporary fill in wetlands. Temporary fill will increase 0.13 ac., excavation will increase 0.11 ac., mechanized clearing will increase 0.04 ac, and hand clearing will decrease 0.08 ac. -2- Site 3513: Excavation is needed in wetlands to allow for positive drainage for an adjacent pipe. Therefore, excavation increases 0.01 ac., and mechanized clearing increase <0.01 ac. (no change in summary sheet total). Total proposed changes to permanent and temporary wetland impacts across all three sites are as follows: permanent fill increases 0.11 ac., mechanized clearing increases 0.05 ac., excavation increases 0.12 ac., temporary fill increases 0.13 ac., and hand clearing decreases 0.08 ac. These modification requests were discussed and coordinated with the appropriate state and federal agencies at several on -site meetings. This coordination revealed no objections to this modification request. The proposed modifications for R- 1015 as detailed above are hereby modified in accordance with the specific work activities described and depicted on the plan sheets, drawings and descriptions enclosed with the permit modification request package dated March 3, 2022, and with the additional Special Conditions described below. A revised impact summary sheet details wetland impacts on the R-1015 Havelock Bypass project at Sites 3,5 and 35B as follows in Table 1: Table 1 - Wetland Impacts at Sites 3, 5, and 35B in the Neuse Basin approved with this Modification Site Wetland Type Fill (ac) Fill (temporary) (ac) Excavatio n (ac) Mechanize d Clearing (ac) Hand Clearing (ac) Total Wetland Impact (ac) 3 non-riparianl26.14 -- 0.32 I3.08 -- I29.54 5 non-riparianl0.10 I0.13 0.17 I0.11 -- I0.51 35B non-riparian0.71 -- 0.01 I0.11 -- I0.83 Total 26.95 0.13 0.50 I3.30 -- I30.88 Difference) +0.11 * +0.13 +0.12* I+0.05* -0.08 I+0.33 *additional permanent wetland impacts = 0.28 acres Compensatory mitigation for the proposed additional 0.28 acre of non -riparian wetland impacts will be obtained from the N.C. Division of Mitigation Services as detailed in a revised impact summary sheet and represents the most recent modifications as follows in Table 2: -3- Table 2 — Current Permitted Impacts and Associated Mitigation Requirements provided by DMS (based on issued permits) and Revised Anticipated Impacts based on mitigation request Total Permitted Mitigation Provided Additional Revised Total Impact Type Impacts by DMS per Issued Impact (for Impacts* (feet / acre / sq Permits (Credits) approval) ft) Stream (warm) 2,870.000 5,740.000 0.000 2,870.000 Riparian 15.820 31.640 0.010 15.830 Wetland Non -Riparian 98.440 196.210 0.280 98.720 Wetland Riparian Buffer 89,824.000 210,473.000 0.000 89,824.000 *Some of the additional stream impacts may be proposed to be mitigated at a 1:1 mitigation ratio. See permit application for details. DMS will provide the amount of mitigation as determined by the regulatory agencies. It is understood that all conditions of the original permit and applicable modifications remain valid including the expiration date. In addition, the permittee will comply with the additional Special Permit Conditions as follows: Permit Modification A.) All work authorized by this permit modification must be performed in strict compliance with the submitted work plans, dated March 3, 2022, which are part of this permit. Any modification to the permit plans must be approved by US Army Corps of Engineers (Corps) prior to implementation. Permit Modification B.) The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit, and any authorized modifications. A copy of this permit, and any authorized modifications, including all conditions, shall be available at the project site during construction and maintenance of this project. Permit Modification C.) To compensate for impacts associated with this permit modification, 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 -4- special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. Questions regarding this correspondence may be directed to Tom Steffens, NCDOT Coordinator/Regulatory Project Manager at the Washington Regulatory Field Office, telephone (910) 251-4615. FOR THE DISTRICT COMMANDER Date: 2022.04.14 a� 14:42:27-04'00' Monte Matthews Lead Project Manager Wilmington District E-cc: Garcy Ward/NCDWR Stephen Lane/NCDCM Cathy Brittingham/NCDCM Chris Rivenbark/NCDOT NEU Gordon Cashin/NCDOT NEU Heather Lane/NCDOT Division 2 Jay Johnson/NCDOT Division 2 Brad Mcmannen/NCDOT Division 2