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HomeMy WebLinkAbout20130918 Ver 4_USACE Permit_20141204COPY Department of the Army WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE RECEIVED WILMINGTON, NORTH CAROLINA 28403 -1343 N.0 Dept. of ENR December 4, 2014 DEC 0 9 2094 Winston -Salem Regulatory Division/1200A Regional office Action ID: SAW- 2005 -21386 Mr. Richard W. Hancock, P.E. Manager, Project Development and Environmental Analysis Unit North Carolina Department of Transportation 1598 Mail Service Center Raleigh, North Carolina 27699 -1548 Dear Mr. Hancock: Reference the Department of the Army (DA) permit issued on April 15, 2014, to Ms. Deborah Barbour, of the North Carolina Department of Transportation for impacts associated with the new location project identified as U- 252513C. The project is a 9.7 mile, four- lane /six- lane divided facility on new location extending from the US 70 relocation to SR 2303 (Lawndale Drive) in Greensboro, Guilford County, North Carolina. Section B of this project begins at the US 70 relocation and terminates at US 29 and Section C begins at US 29 and ends at SR 2303 (Lawndale Drive). Coordinates (in decimal degrees) for the site are: 36.089772° North, - 79.697302° West for the eastern terminus and 36.141773° North, - 79.8251200 West for the western terminus. The site contains portions of four (4) unnamed tributaries to South Buffalo Creek, twenty (20) unnamed tributaries to North Buffalo Creek, five (5) unnamed tributaries to an unnamed tributary at Camp Herman, fourteen (14) unnamed tributaries to Reedy Fork, a portion of Richland Creek, and ten (10) unnamed tributaries to Richland Creek, as well as 50 (50) adjacent wetland areas and five (5) open water ponds in the Cape Fear River Basin (8 -Digit Cataloging Unit 03030002). Impacts authorized by the permit as well as subsequent permit modifications dated June 18, 2014 and October 31, 2014 include: 1) The permanent placement of fill material into 23,012 linear feet of jurisdictional stream channel, 9.94 acres of adjacent riparian wetlands, 2.32 acres of jurisdictional open waters and, 2) the temporary placement of fill material into 628 linear feet of jurisdictional stream channel and 0.26 acre of adjacent riparian wetlands associated with the relocation of utility lines. Mitigation was implemented for the unavoidable impacts by payment into the North Carolina Ecosystem Enhancement Program as well as permittee responsible mitigation referenced in the permit special conditions. 2 Also reference your letter to the Corps, received via email on November 24, 2014, requesting- modification of the permit for additional impacts to U -2525B including permanent discharge of fill material into <0.01 acre of riparian wetlands, associated with bridge bent protection for the Camp Burton Road crossing; this area of new impacts does not result from a change in design, but rather an oversight during NCDOT's original permit application submittal. Plans for U -2525C remain unchanged. The Corps has completed the evaluation of your request and determined that it is appropriate and reasonable, and no public notice is required for this modification. Therefore, the permit is modified as listed and shown as Site 11 A in the modified drawings of November 21, 2014 modification request, consisting of revised Permit Drawing Sheets 1, 36, 37, 89, and 93. The U- 2525BC project now totals permanent impacts to 23,012 linear feet of jurisdictional stream channel, 9.95 acres of adjacent riparian wetlands, and 2.32 acres of jurisdictional open waters and, 2) the temporary placement of fill material into 628 linear feet of jurisdictional stream channel and 0.26 acre of adjacent riparian wetlands associated with the relocation of utility lines. Further, and given the increase in overall permanent stream impacts associated with this modification, as well as your proposal sent via email on November 24, 2014, the following special condition regarding modified compensatory mitigation has been incorporated, replacing Special Condition 26A of the April 15, 2014 DA Permit: 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. All other conditions of the permit, including the permit expiration date of December 31, 2019, remain in effect as written. Should you have questions, contact Mr. David E. Bailey, Raleigh Regulatory Field Office at telephone (919) 554 -4884, Extension 30. Sincerely, e� C Kevin P. Landers, Sr. Colonel, U.S. Army District Commander Attachment: Revised permit drawings 3 Copy Furnished with Attachment: Mr. Dave Wanucha Transportation Permitting Unit Division of Water Resources North Carolina Department of Environment and Natural Resources 450 West Hanes Mill Road, Suite 300 Winston - Salem, North Carolina 27105 Mr. Jerry Parker Division Environmental Supervisor, Division 7 North Carolina Department of Transportation Post Office Box 14996 Greensboro, North Carolina 27415 Ms. Greg Price North Carolina Department of Transportation Division of Highways 1598 Mail Service Center Raleigh, North Carolina 27699 -1598 Copy Furnished without Attachment: U.S. Fish and Wildlife Services Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 28516 Mr. Todd Bowers U.S. Environmental Protection Agency Region 4 Wetlands and Marine Regulatory Section 61 Forsyth Street, Southwest Atlanta, Georgia 30303 U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: North Carolina Department of Transportation Action ID: SAW- 2005 -21386 Project Name: NCDOT /U -2525 B and C /Division 7 County: Guilford 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 I Cool Cold Riparian Riverine Riparian Non- Riverine Non - Riparian Coastal 20,470 1 1 1 9.95 *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 37,963 1 1 1988 Mitigation Site Debited: North Carolina Ecosystem Enhancement Program (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 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. a 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: a This Form supersedes the Compensatory Mitigation Responsibility Transfer Forms dated 1) April 14, 2014 that was included as part of the DA Permit dated April 15, 2014 and 2) October 31, 2014 that was included as part of the Permit Modification dated October 31, 2014. 0 This modification results in a net INCREASE in the number of wetland credits required relative to the original DA Permit dated April 15, 2014 and Permit Modification dated October 31, 2014, consisting of additional permanent loss of <0.01 acre of riparian wetlands at a 2:1 ratio. ® Additional on site mitigation was required by special permit condition included in the original DA Permit dated April 15, 2014. This requirement has not changed as a result of this modification. 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, NC27587 (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: David Bailey USACE Field Office: Raleigh Regulatory Field Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Email: David. E.Bailev2@usace.army.mil I December 4, 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 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 //regulatory usacesurvey corn to complete the survey online Table 1. Revised U -2525B Wetland Im acts Final Permit Site No. JD Package ID Permanent Fill ac Excavation ac Mechanized Clearing ac Total Impacts ac I WAP 0.57 0.04 061 IA WAO 0.03 003 113 WAN 001 001 2 WAQ 0.05 <0.01 0.06 3 WAM 0.12 0.12 3A WAX 0.03 003 3B WAL 0.02 0.02 3C WAK 0.25 0.02 0.02 0.29 4 WAI 0.02 0.02 5A WAH 0.08 0.08 5B WAG 0.02 0.02 6 WAE 0.03 0.03 6A WAD 0.05 <0.01 005 7 WAC 1.29 0.05 0.03 1.37 8 WZ 0.83 0.09 0.92 8A WAA <0.01 <0.01 9 WX/WY 2.01 0.15 216 10 WV <0 O1 <0.01 10A WU 0.02 0.02 0.04 1013 WT 0.03 <0 01 <0.01 0.04 10C WS 0.25 004 0.29 11 WR 0.33 0.33 11A WQ <0 01 <0.01 13 WO 002 001 003 16 WAY <0 01 <0.01 18 WK 0.03 001 0.04 19 WJ 0.14 0.14 20B WI 0.02 002 21 WE 0.34 004 0.38 22 WH 0.03 0.03 22A WF 0.02 002 22B WG 001 0 O 1 23 WAB 0.02 0.02 24 WAB 0.19 0.19 27 WAR 0.10 0.10 30 WA 0.03 <0.01 0.04 34 WAT <0.01 <0.01 36 n/a <0.01 <0.01 TOTALS (ac) 6.86 0.31 0.38 7.55 Notes Totals are rounded based upon sum of actual impacts Most permanent impacts require 2 1 USACE mitigation except for Permit Sites 20B and 34 which USACE determined as I 1 mitigation Permit Site 8A is an isolated wetland and therefore not under USACE jurisdiction Revised compensatory mitigation requirements for U- 252513ore summarized below In Table 2 The new- % _w permanent stream impacts ( <0.01 acre) at Permit Site •11 A will be mitigated at a 2.1 ratio. Compensatory, t mitigation requirements for U -2525C remains unchanged (see original permit application dated August 26, 2013) U -2525B & U -2525C Individual Permit Modification Application 2 _ . ar !•..... otn. -a, Mitigatian Cnmmary (Finall A copy of this permit modification application and its distribution list will be posted on the NCDOT website at https• / /connect ncdot gov/ resources / Environmental /Paizes /default.as]2 Thank you for your time and assistance with this project. Please contact Greg Price at either myprice@ncdot.gov or (919) 707 -6148 if you have any questions or need additional information. Sincerely, Richard W. Hancock, P.E., Manager Project Development and Environmental Analysis Unit Cc: NCDOT Permit Application Standard Distribution List U -2525B & U -2525C Indivr6ual Permit Modification Application 3 Stream Impacts in Riparian Wetland Impacts Length ft ac Impacts Requiring 9,879 7.55 Mitigation Onsite Mitigation 2,055 Credits Total Mitigable Impacts Less Onsite 7,824 7.55 Mitigation Required EEP 4,847 2:1 7.53 2:1 2,977 1:1 0.02 1:1 Mitigation Total EEP Mitigation 12,671 15.08 A copy of this permit modification application and its distribution list will be posted on the NCDOT website at https• / /connect ncdot gov/ resources / Environmental /Paizes /default.as]2 Thank you for your time and assistance with this project. Please contact Greg Price at either myprice@ncdot.gov or (919) 707 -6148 if you have any questions or need additional information. Sincerely, Richard W. Hancock, P.E., Manager Project Development and Environmental Analysis Unit Cc: NCDOT Permit Application Standard Distribution List U -2525B & U -2525C Indivr6ual Permit Modification Application 3 9c®-ERR North Carolina Department of Environment and Natural Resources Pat McCrory Michael Ellison, Director Governor Ecosystem Enhancement Program November 21, 2014 Mr. Richard W Hancock, P.E., Manager Project Development and Environmental Analysts Unit North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina 27699 -1548 Dear Mr. Hancock Subject EEP Mitigation Acceptance Letter. John E. Skvarla, III Secretary U -2525B / C, Greensboro Eastern Loop from US 70 Relocation to SR 2303 (Lawndale Drive), Guilford County The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will provide the compensatory stream and riparian wetland mitigation for the subject project. Based on the information supplied by you on November 21, 2014, the impacts are located in CU 03030002 of the Cape Fear River basin in the Central Piedmont (CP) Eco- Region, and are as follows: Cape Fear Stream Wetlands Buffer (Sq Ft ) 03030002 Cp Cold Cool Warm Riparian Non- Riparian Coastal Marsh Zone 1 Zone 2 Impacts (feet/acres) 0 0 20,470.0 9.95 0 0 0 0 *Some of the stream and wetland impacts may be proposed to be mitigated at a 1 1 mitigation ratio See pemut application for details. This mitigation acceptance letter replaces the mitigation acceptance letter issued on September 3 and October 7, 2013. This impact and associated mitigation need were under projected by the NCDOT in the 2014 impact data. EEP will commit to implement sufficient compensatory stream and riparian wetland mitigation credits to offset the impacts associated with this project as determined by the regulatory agencies using the delivery timeline listed in Section F.3 c iii of the N C. Department of Environment and Natural Resources' Ecosystem - Enhancement Program In- Lieu Fee Instrument dated July 28, 2010 If the above referenced impact amounts are revised, then this mitigation acceptance letter will no longer be valid and a new mitigation acceptance letter will be required from EEP. If you have any questions or need additional information, please contact Ms Beth Harmon at 919 - 707 -8420. Sincerely, Jame .Stanfill EEP Asset Management Supervisor cc, Mr David Batley, USACE — Raleigh Regulatory Field Office Mr. Dave Wanucha, Division of Water Resources Ms Amy Chapman, Division of Water Resources File U- 2525B/C Revised 3 1652 Mad Service Center, Raleigh, North Carolina 27699 -1652 Phone, 919 - 707 -89761 Internet www ncdenr gov An Equal Opportunity 1 Affirmative Action Employer - Made in part by recycled paper ig W Z, N i N F I \ yS 9 ' ne % O 0 N i• G + w o 14- ° „_ off o �d ox u 3 � O w o. 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