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HomeMy WebLinkAbout20141801 Ver 1_Emails_20141210Burdette, Jennifer a From: Sent: To: Cc: Subject: Attachments: Classification: UNCLASSIFIED Caveats: NONE Brad /Kelly, Gibby, Jean B SAW <Jean.B.Gibby @usace.army.mil> Wednesday, December 10, 2014 4:56 PM Brad Kerr (brad.kerr @rockymountnc.gov); Williams, Kelly Burdette, Jennifer a Ford's Colony- Section IV (UNCLASSIFIED) Section IV Letter and Mitigation Transfer Form.pdf Here is the letter with the permit condition to address Section IV of Ford's Colony at Rocky Mount, along with the Mitigation Transfer Form. Kelly, If Brad needs to take additional steps to proceed, please advise him as I will be out of the office tomorrow morning, but will return tomorrow afternoon after 1330. Thanks so much to both of you for your assistance to resolve this portion of the project and hope that you both have a great day! Jean B. Gibby Chief, Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 (919) 554 -4884, Ext. 24 Classification: UNCLASSIFIED Caveats: NONE 1 City of Rocky Mount Attn: Mr. Brad Kerr 331 South Franklin Street Rocky Mount, North Carolina 27804 Dear Mr. Kerr: Reference is made to the Department of the Army (DA) permit dated September 28, 2005 issued to Mr. Drew Mulhare with Ford's Colony at Rocky Mount, authorizing the proposed placement of fill material into 4.18 acres of wetlands and 1.23 acres of open water, the permanent loss of 398 linear feet of perennial stream channel and 801 linear feet of intermittent stream channel, and the temporary disturbance to 60 linear feet of perennial stream channel associated with the mechanized landclearing and development of Ford's Colony at Rocky Mount golf course and residential subdivision. Specifically, the project consists of 1,150 acres located on the west side of U.S. Highway 301, south of Battleboro Road, north of Rocky Mount, adjacent to Beech Branch and several of its unnamed tributaries, in Nash County, North Carolina. Reference is also made to a site inspection conducted on the property on March 5, 2014, by Mr. Thomas Brown and me to conduct a compliance inspection of the subject permit. Our investigation revealed that all filling activities have been completed. Subsequently, through our coordination with you, it is our understanding that the City of Rocky Mount is currently responsible for completion of Section IV of the development utilizing the performance bond. This section of the property has impacted 41 linear feet of important intermittent stream channel and 0.11 acre of adjacent riparian wetlands associated with Impact Number 32. In order to properly compensate for unavoidable impacts to jurisdictional areas associated with Impact Number 32 on Great Glen Road, you need to comply with the following special condition: 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. Printed on G Recycled Paper It is our understanding that you intend to pursue payment into the North Carolina Ecosystem Enhancement Program to fulfill your mitigation obligations for Section IV. Once you have submitted proof of payment for the required mitigation, all DA permitting requirements for Section IV of Ford's Colony at Rocky Mount will be satisfied. Should you have questions, please contact me, Raleigh Regulatory Field Office, at telephone (919) 554 -4884, extension 24. Sincerely, Jean B. Gibby Chief, Raleigh Regulatory Field Office Enclosures Copies Furnished: Mr. Thomas G. Walker U. S. Attorney Eastern District of North Carolina 310 New Bern Avenue Federal Building, Suite 800 Raleigh, North Carolina 27601 -1461 Mr. William Cox, Chief Wetlands and Marine Regulatory Section USEPA — Region 4 Sam Nunn Atlanta Federal Center 61 Forsyth Street, SW Atlanta, Georgia 30303 -8960 Ms. Karen Higgins NCDENR — Division of Water Resources Wetlands, Buffer and Stormwater Compliance /Permits Unit 1617 Mail Service Center Raleigh, North Carolina 27699 -1617 2 ARMY CORPS ,/ Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: City of Rocky Mount -Great Glen Road Project Name: Ford's Colony at Rocky Mount Action ID: SAW- 200421182 County: Nash 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: 03020101, Tar - Pamlico River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non - Riverine Non- Riparian Coastal 41 0.11 1 *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: 03020101, Tar - Pamlico River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non - Riverine Non - Riparian Coastal 82 0.22 1 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 12 September, 2014 USACE Wilmington District 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: 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: Jean Gibby USACE Field Office: Raleigh Regulatory Field Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Email: Jean.B.Gibby @usace.army.mil USACE Project Manager~ Ignature December 10 2014 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.usacesuryey.com/ to complete the survey online.