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Home My WebLink About20141169 Ver 1_Emails_20141117RE: EEP Table.docx RE: EEP Table.docx Page 1 of 2 Paugh, Leilani Y Sent: Monday, November 17, 2014 9:53 AM To: Harmon, Beth; Fitzpatrick, Linda F Cc: Steffens, Thomas A SAW (Thomas.A.Steffens @usace.army.mil); Wainwright, David; Gregory, Sonia; Chapman, Amy Thank you Beth for getting this letter- to us. LeiLani - - - -- Original Message---- - From: Harmon, Beth Sent: Friday, November 14, 2014 6:03 PM To: Fitzpatrick, Linda F Cc: Paugh, Leilani Y; Steffens, Thomas A SAW ( Thomas .A.Steffens @usace.army.mil); Wainwright, David; Gregory, Sonia; Chapman, Amy Subject: RE: EEP Table.docx Linda -- Attached is the revised mitigation acceptance letter for R- 2514B /C /D. Please let me know if you need anything else for this project or have any questions. Beth. - - - -- Original Message---- - From: Paugh, Leilani Y Sent: Thursday, November 13, 2014 4:49 PM To: Stanfill, Jim; Harmon, Beth Cc: Fitzpatrick, Linda F Subject: FW: EEP Table.docx HI Jim We are waiting on the acceptance letter from EEP debiting the Croatan site for the R -2514 project. Tom Steffens has confirmed below that the USACE understands the nature and origination of the request from NCDOT. We need to submit the permit application tomorrow morning. Please let me know if you will be able to get the letter to us in the morning. Thanks LeiLani - - - -- Original Message---- - From: Steffens, Thomas A SAW [mailto:Thomas.A.Steffens @usace.army.mil] Sent: Thursday, November 13, 2014 8:21 AM To: Paugh, Leilani Y Subject: RE: EEP Table.docx Hi Leilani, Review of my files indicates that your documentation is consistent with the information I have. The initial request was received in late April of 2014; subsequent discussions via email and personal communications with the agencies, along with the justification document that DOT provided on 09 May 2014, led to the Corps approval letter of 20 May 2014. During the review of the original request and subsequent documentation; I did not perceive or have any reason to believe that NCEEP was unwilling or unable to provide the mitigation that DOT was requesting. In fact, I was under the impression that EEP was more than ready to facilitate the transaction and was simply providing background information to support the request to use CWMB for the R -2514 project. https: / /mail.nc.gov /owa/ ?ae= Item &t = IPM. Note &id= RgAAAADMSzLcd9W2TJH14 %2b... 12/18/2014 RE: EEP Table.docx Feel free to contact me if I can be of further help. Regards, Tom Steffens - - - -- Original Message---- - From: Paugh, Leilani Y [mailto:lpaugh @ncdot.gov] Sent: Monday, November 10, 2014 3:35 PM To: Steffens, Thomas A SAW Subject: [EXTERNAL] FW: EEP Table.docx HI Tom Page 2 of 2 I am sending this email to document our conversation following the original request and approval to use Croatan WMB to cover impacts associated with R -2514. The impact table is attached. NCDOT clarified that the original request was initiated and sought by NCDOT based on several points: R -2514 was targeted to use mitigation from the CWMB in the original Mitigation Banking Instrument for the site, and that the impacts and mitigation are of similar nature and have a hydrologic connection (as described in detail in the CWMB addendum to the NCDOT Umbrella Mitigation Banking Instrument), and that the request is consistent with USACE's function -based and ecoregion approach to mitigation. It was not NCDOT's intention in the original request to indicate that NC EEP was unwilling or unable to provide the mitigation. Thanks Leilani From: Paugh, Leilani Y 'Sent: Wednesday, June 18, 2014 5:27 PM To: Steffens,'Thomas A SAW Subject: EEP Table.docx Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. https: / /mail.nc. gov /owa/ ?ae= Item &t = IPM. Note &id= RgAAAADMSzLcd9 W2TJH14 %2b... 12/18/2014 r r NJ', r : C R. North Carolina Department of Environment and Natural Resources Pat McCrory Michael Ellison; Director Jahn 1E, Slwal,a, III Governor Ecosystem Enhancement Program Secretaiyl November 14, 2014 Mr. Richard W. Hancock, P.E. Manager, Project Development and Environmental Analysis Unit North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina 27699 -1548 Dear Mr. Hancock: Subject: EEP Mitigation Acceptance Letter: R -2514B / C / D, US 17 Widening from South of Belgrade in Onslow County to the New Bern Bypass, Onslow, Jones and Craven Counties The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) received a request for stream and wetland mitigation and buffer mitigation for the subject project. Based on the information supplied by you on October 29, 2014, the impacts are located in CU 03020106 of the White Oak River basin and in CU 03020204 of the Neuse River basin in the Southern Outer Coastal Plain (SOCP) Eco- Region, and are as follows: Wetlands Non- Coastal Riparian Marsh 22.97 0 17.14 0 *Some of the strcam and wetland impacts maybe proposed to be mitigated at a 1.1 mitigation ratio. See permit application for 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, EEP will transfer funds from the NCDOT 2984 Fund into the Riparian Restoration Buffer Fund (2982). Upon completion of transfer payment, NCDOT will have completed its riparian buffer mitigation responsibility for TIP Number R- 2514C/D. Subsequently, EEP will conduct a review of current NCDOT ILF Program mitigation projects in the river basin to determine if available buffer mitigation credits exist. If there are buffer mitigation credits available, then the Riparian Restoration Buffer Fund will purchase the appropriate amount of buffer mitigation credits from NCDOT ILF Program. The buffer impacts are located in CU 03020204 of the Neuse River basin and are as follows: F Buffer Impacts Huffer River Basin Cu Eco - Region - -- — ° - – Zone 1 Zone 2 TOTAL t Impacts Neese 03020204 SOCP 68,032.0 50,412.0 118,444.0 1652 `la ; Service Centel. Falui&, f4o;ih Garo'ir•a 27699.162 pl,or,e 919. 70, -f3916 r,ter,let, w° vA, rcaenr,0ov Ar � dual hr , .;,.,n�,v i ,Aihr,��. roe a ^iron err;, L'. r� ,,.�r :. ;c.,r,�: ur p % °• . Stream Stream and River Cu Eco- Cold Cool Warm Riparian Wetlands Basin Location Region Impacts Oak te 03020106 SOCP SOCP 0 0 0 1,788.0 5.17 Impacts Nouse 03020204 0 2,214.0 1.63 f Wetlands Non- Coastal Riparian Marsh 22.97 0 17.14 0 *Some of the strcam and wetland impacts maybe proposed to be mitigated at a 1.1 mitigation ratio. See permit application for 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, EEP will transfer funds from the NCDOT 2984 Fund into the Riparian Restoration Buffer Fund (2982). Upon completion of transfer payment, NCDOT will have completed its riparian buffer mitigation responsibility for TIP Number R- 2514C/D. Subsequently, EEP will conduct a review of current NCDOT ILF Program mitigation projects in the river basin to determine if available buffer mitigation credits exist. If there are buffer mitigation credits available, then the Riparian Restoration Buffer Fund will purchase the appropriate amount of buffer mitigation credits from NCDOT ILF Program. The buffer impacts are located in CU 03020204 of the Neuse River basin and are as follows: F Buffer Impacts Huffer River Basin Cu Eco - Region - -- — ° - – Zone 1 Zone 2 TOTAL t Impacts Neese 03020204 SOCP 68,032.0 50,412.0 118,444.0 1652 `la ; Service Centel. Falui&, f4o;ih Garo'ir•a 27699.162 pl,or,e 919. 70, -f3916 r,ter,let, w° vA, rcaenr,0ov Ar � dual hr , .;,.,n�,v i ,Aihr,��. roe a ^iron err;, L'. r� ,,.�r :. ;c.,r,�: ur p % °• . Mr. Richard Hancock November 14, 2014 Page Two NCDOT TIP R -2514B / C / D EEP's mitigation operations are governed by an In -Lieu Fee Instrument signed on July 28, 2010, by NCDENR -EEP and the state and federal environmental agencies responsible for authorizing impacts to waters of the U.S. Within the instrument, EEP is charged with providing mitigation for permitted impacts within the same 8 -digit catalog unit (CU) (as defined by USGS) in which the impact occurs. EEP is also charged in procuring and implementing mitigation for the NCDOT projects in advance of the impact occurring. In order to accomplish the advance procurement and implementation of mitigation, the NCDOT submits an annual impact projection dataset in February that contains the anticipated impacts associated with planned projects scheduled for letting during a seven year period that includes the river basin and CU location of the impacts. The NCDOT has requested mitigation for impacts associated with this project in both the Neuse and White Oak River basins every year since 2004 (with the exception of 2010). EEP is aware of the NCDOT's request to the USACE and NCDWR dated May 9, 2014 and subsequent responses from the USACE and NCDWR to the NCDOT dated May 20 and May 22, 2014, to utilize mitigation credits from the Croatan mitigation site to offset all of the stream and wetland impacts associated with this project. The Croatan mitigation site is located in CU 03020204 of the Neuse River basin in Craven County. EEP was not aware or involved with these actions at the time of their occurrences. It is noted that there are stream and wetland mitigation credits available in CU 03020106 of the White Oak River basin to offset impacts associated with this project in the White Oak 03020106. Currently, two mitigation sites, Clayhill Fanns (Jones County) and Bowl Basin (Onslow County) have 5,880 stream credits, 14.0 riparian wetland credits and 40.84 non - riparian wetland credits available. The Bowl Basin project was contracted specifically for this TIP and is presently wrapping up construction. Clayhill is an older DOT surplus credits site. EEP has had abundant success procuring mitigation credits in CU 03020106 of the White Oak River (most recently in 2012) and is confident that ample opportunities exist for developing additional mitigation credits as needed. EEP commits to providing the stream and wetland mitigation credits to offset the impacts associated with this project as determined by the regulatory agencies, in the CUs of the impacts or all mitigation from the Croatan mitigation site, whichever is approved by permit. This mitigation acceptance letter replaces the mitigation acceptance letters issued on October 29, 2014. 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 Hannon at 919 -707- 8420. Sincerely, Michael Ellison EEP Director cc: Mr. Tom Steffens, USACE — Wilmington Regulatory Field Office Mr. David Wainwright, NC Division of Water Resources, Wetlands /401 Unit Mr. Steve SolIod, NC Division of Coastal Management File: R- 2514B /C/D Revised _