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HomeMy WebLinkAbout20130223 Ver 2_June 2014 Corps impact modification approval_20150618,�,S1T OF>, Q-�� -��'.t� a�' � �' W �"'= ui ��� L1 � �"����I' d1 � - ;�,4== �' ¢ �: y� . ��4, � ��� �rqres o4:� Department of the Army WILMING70iV DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMING70N, NOR7H C�4ROLINA► 28403-1343 June 6, 2014 Regulatory Division Action ID: SAW-2001-21125 Mr. J.M. Mills, P.E. Division Engineer, Division 7 Noi�th Carolina Depai�tment of Transportation Post Office Box 14996 Greensboro, Not�th Carolina 27415 Dear Mr. Mills: Reference the Department of the Army (DA) pei�rnit issued on August l, 2013, to Mr. Gregory J. Thorpe, of the North Carolina Department of Transportation (NCDOT) for impacts associated with the new location project identified as U-2524CD. The project, identified as U- 2524CD, is a 4.8 mile, six-lane divided facility on new location extending from north of SR 2176 (Bryan Boulevard) to SR 2303 (Lawndale Drive) iri Greensboro, Guilford County, North Carolina. Section C of this project begins immediately north of SR 2176 (Bryan Boulevard) and terminates immediately east of US220 (Battleground Avenue) and Section D begins immediately east of Battleground Avenue and ends at SR 2303 (Lawndale Drive). Further reference the DA Permit Modification issued to your office by letter dated March 25, 2014. The description of the project and authorized permit modifications remain unchanged from that letter. By electronic mail dated May 7, 2014 Mr. Gregory Price of NCDOT notified this office that compensatory mitigation requirements from utility impacts authorized in the August 1, 2013 DA permit had partially satisfied the additional compensatory mitigation required in the March 25, 2014 Permit Modification, and requested that the Permit Modification be cor�ected. Specifically, 0.01 acre of the 0.02 acre (rounding from 0.024 acre) of riparian wetlands impact referenced in the Permit Modiiication was permitted as a permanent impact (mechanized land clearing, Utility Permit Drawing sheet 5) in the original DA Permit, and compensatory mitigation at a 2:1 ratio was already satisfied for this portion of impact. As such, the remaining unmitigated portion of this permanent wetland impact area is 0.01 acre, to be mitigated at a 2:1 ratio by payment into the North Carolina Ecosystem Enhancement Program. Based upon this evaluation the Coips determines that your request is appropriate and reasonable, and no public notice is required for this modification. Therefore, the permit is modified with the amended compensatory mitigation requirement. This referenced work must still be constructed per the DA Permit Modification issued to your office by letter dated March 25, 2014. '' t In addition, the following special condition regarding additional compensatory mitigation has been incolporated: x) 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 incoiporated as special conditions of this permit authorization. All other conditions of the permit, including the permit expiration date of December 31, 2018, 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, �. �� Steven A. Balcer Colonel, U.S. Army District Commander Attachment: Copy of March 25, 2014 DA Permit Modiiication Copy Furnished: Mr. Dave Wanucha Transpoi�tation Permitting Unit Division of Water Resources Noi�th Carolina Department of Natural Resources 585 Waughtown Street Winston-Salem, North Carolina 27107 Ms. Sue Homewood Division of Water Resources North Carolina Department of Natural Resources 585 Waughtown Street Winston-Salem, North Carolina 27107 Mr. Jerry Parker Division Environmental Supervisor, Division 7 North Carolina Department of Transpor-tation Post Office Box 14996 Greensboro, North Carolina 27415 2 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 3 U.S. ARN1Y CORPS OF ERlCINEERS Wilmington District Cornpensatorv fVliti�ation Responsibilitv Transfer Forrr� Permittee: North Carolina Department of Transportation Action ID: SAW-2001-21125 Project Name: fVCD07/U-2524CD/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 Cool 7,717 Cold � Riparian Riverine � Riparian Non-Riverine � Non-Ri 6.14 Coastal *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mit Stream M Warm 14,758 ion Requirements: 3tion (credits) Cool Cold HUC and Basin: 03030002, Cape Fear River Basin Wetland Miti�ation (credits) arian Riverine Riparian Non-Riverine Non-Riparian Coastal 10.55 Mitigation Site Debited: North Carolina Ecosvstem Enhancement Pro�ram (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 IVame: Name of Sponsor's Authoriaed Representative: Signature of Sponsor's Authorized Representative Date of Signature Page 1 of 2 Form Updated 23 October, 2013 USACE Wilmingfon Districi Corripensatory Mitigation Responsibility iransfer 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: • T'his Form supersedes the Compensatory Mitigation Responsibility Transfer Form dated March 25, 2014 thai was included as pari of the DP► Permit Modification of the same date. • Noie that responsibility for 14,758 Stream credits (of the currently required 14,75� Stream credits) and 10.53 Riparian Wetland credits (of the currently required 10.55 Riparian Wetland crediis) was already accepted by IVCEEP on August 27, 2013. As such, the permittee must secure 0.02 Riparian Wetland Credits from the NCEEP to satisfy the remaining Compensatory Mitigation Requirement for the current permit 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; 1J the Permittee, 2) the U5,4CE Project Manager at the address below, and 3J the Wilmington Disfrict Mitigation Office, Attn: Todd Tugwell, 11405 Falls of Neuse Road, Wake Forest, NC27587 (email: todd.tugwell@usace.army.milJ. 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.armv.mil � June 6, 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.armv.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://regulatorv.usacesurvev.com/ to complete the survey online. Thames, Joyce �4 S�4UV From: Price, Gregory W [gwprice@ncdot.gov] Sent: Wednesday, May 07, 2014 9:53 AM To: Bailey, David E SAW; Wanucha, Dave Cc: Parker, Jerry A; Thomson, Nicole J; Beauregard, Rachelle Subject: [EXTERNAL] RE: U-2524C/D Permit Mod Mitigation Number Revision Request Aftachments: U-2524C Utility Permit sheet 5.pdf Please see the attached sheet inadvertently left out of previous email. Thanks. Greg From: Price, Gregory W Sent: Wednesday, May 07, 2014 9:48 AM To: Bailey, David E SAW (David.E.Bailev2(�usace.army.mil); dave.wanucha@nedenr.�ov Cc: Pari<er, Jerry A; Thomson, Nicole 7; Beauregard, Rachelle Subject: U-2524C/D Permit Mod Mitigation Nutnber Revision Request Thanl< you for issuing the permit modification for U-2524C/D this past March and April. NCDOT is requesting a revision in the mitigation requirements. The wetland that was added between Permit Sites 13 and 14 was partially accounted for (0.01 acres of inechanized clearing) in the Utility Drawings submitted with the original permit application (See attached sheet). The total wetland acreage is 0.024 which should round to 0.02 acreage. When the utility impact is factored in, there should be only 0.01 acres of additional impact. That impact at a 2:1 mitigation ratio should be 0.02 acres. Therefore through EEP, total wetland mitigation should be 10.55 acres (10.53 acres already accounted for) instead of 10.58 Permit Mod dated March 25, 2014. If you concur with this accounting, could revised sheet of the 404/401 mod showing this revision? Let me know if you clarification. Thanl< you. Greg Price Central Region Environmental Specialist NCDOT Natural Environment Section Direct: 919-707-6148 �wprice(a�ncdot . �ov acres as shown in you send a need further