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Home My WebLink About20051986 Ver 6_Corps of Engineer Correspondence_20140915REPLY TO ATTENTION OF Regulatory Division/1200A DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403 -1343 Action ID: SAW- 2009 -00106 Mr. H. Brantley Powell HBP Properties, LLC 5210 Driftwood Lane Morehead City, NC 28557 Dear Mr. Powell: September 15, 2014 or Reference the Department of the Army (DA) permit issued to you on May 21, 2009, which authorized total permanent impacts to 376 linear feet of perennial streams and 0.006 acre of wetlands, and temporary impacts to 38 linear feet of stream associated with Phase III of the Legend Oaks Subdivision. Also reference four previously approved modifications to this permit in 2010, 2011, 2012 and 2013. The project site is located at the end of the existing phase of the subdivision, north of Lystra Road and east of US Highway 15 1501 near Chapel Hill, in Chatham County, North Carolina. The site is found at Latitude and Longitude in Decimal Degrees of 35.8422 °N and - 79.0721 °W. All waters drain to Cub Creek in the Cape Fear River Basin. Reference is also made to your letter of May 10, 2014, including updated plans received on July 28, 2014, requesting another modification to the existing DA permit referenced above. Specifically, you have requested a change in the construction plans to allow for an additional permanent impact to 34 linear feet of jurisdictional stream on Lot 5. Eighteen (18) linear feet of impacts are the installation of a culvert and sixteen (16) linear feet of impacts are associated with a rip rap dissipation pad. We have completed our evaluation and concur with your request for the changes stated above. Mitigation ratios have been assessed at a 1:1 ratio for 18 linear feet of stream channel. The applicant has proposed payment to NCEEP for 18 linear feet, representing a 1:1 restoration ratio for all permanent impacts resulting in a loss of water. An acceptance letter from the NCEEP dated July 15, 2014, has been received for this component of the mitigation plan. Construction drawings are attached to this letter and will act as special permit conditions for this modification at those specific impact locations. -2- The following Special Condition is applicable to the increase in impact amounts covered under this modification. It is in addition to the original permit conditions, and does not alter or change any of the original conditions or the conditions required by the previous modifications: The permittee shall make payment to the North Carolina Ecosystem Enhancement Program (NC EEP) in the amount determined by the NC EEP, sufficient to perform the restoration of 18 linear feet of warm water stream in the Cape Fear River Basin, Cataloging Unit 03030002. Construction within jurisdictional areas on the property shall begin only after the permittee has made full payment to the NC EEP and provided a copy of the payment documentation to the Corps, and the NC EEP has provided written confirmation to the Corps that it agrees to accept responsibility for the mitigation work required, in compliance with the MOU between the North Carolina Department of Environment and Natural Resources and the United States Army Corps of Engineers, Wilmington District, dated November 4, 1998. Therefore, Special Condition "e" regarding that portion of Legend Oaks included within Phase I and II is hereby modified to read: In order to compensate for impacts associated with 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. Once again, we have completed our evaluation of your request and concur with your request for a change to the mitigation and construction phasing associated with your referenced DA permit. It is understood that all other conditions of the permit, including those pertaining to the remaining Phases of the subdivision remain applicable. Should you have questions, contact Mr. Andrew Williams, Raleigh Regulatory Field Office at telephone (919) 554 -4884, Extension 26. Sincerely, Kevin P. Landers Sr. Colonel, U. S. Army District Commander Enclosure "I. - -3- Copy Furnished w /enclosure: Ms. Karen Higgins 401,E Buffer Permit Unit 1617 Mail Service Center Raleigh, NC 27604 Mr. Todd Tugwell US Army Corps of Engineers Falls Lake Office 11405 Falls of Neuse Road Wake Forest, NC 27587 Ms. Kelly Williams NC Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699 -1652 U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory (!/litigation Responsibility Transfer Form Permittee: Mr. H.Brantley Powell Action ID: SAW- 2009 -00106 Project Name: Legend Oaks, Phase I and II County: Chatham 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 (USACE) 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 (credits) 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 bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington 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: 03030002, Cape Fear River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non - Riverine Non - Riparian Coastal 18 *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: 03030002, Cape Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non - Riverine Non - Riparian Coastal 18 Mitigation Site Debited: NCEEP (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 2 Form Updated 23 October, 2013 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 below by the USACE 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 USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls of Neuse Road, Wake Forest, NC 27587 (email: todd.tugwell@usace. army. mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: Andy Williams USACE Field Office: Raleigh Regulatory Field Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Email: Andrew.e.williams2 @usace.army.mil September 15, 2014 USACE 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.army.mi1. 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 : / /regulatory.usacesurvey.com/ to complete the survey online.