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HomeMy WebLinkAbout20130918 Ver 8_USACE Correspondence_20150728—, DEPARTMEIVT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 �p�YTO July 24, 2015 ATCENTION OF: Regulatory Division/1200A Action ID: SAW-2005-21386 Mr. Richard W. Hancock, P.E. Manager, Proj ect 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 project identified as U-2525BC. 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, -79.825120° 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 fhe Cape Fear River Basin (8-Digit Cataloging Unit 03030002). Impacts authorized by the permit as well as subsequent permit modifications dated June 18, 2014, October 31, 2014, December 4, 2014, and March 12, 2015, include: 1) The permanent placement of fill material into 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 8281inear 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. D C�C�G�D�IC� -D JUL. 2 � 2015 DENR • WATER RESOURCES TRANSPORTATION PERMITTING UNIT � -2- Also reference your letter to the Corps, received via electronic mail on June 26, 2015, and revised information received via electronic mail on July 7, 2015, requesting modification of the permit for additional impacts to U-2525B, including the permanent discharge of fill material into 4281inear feet of stream channel, associated with: 1) placing 2861inear feet of stream in a culvert (loss of waters) at Permit Site 31, due to safety and slope stability concerns related to widening and adding a travel lane to US 29; 2) placing 28 linear feet of stream (authorized as bank stabilization in the original permit) in a culvert (loss of waters) at Permit Site 32A to correct perching at the downstream end of an existing culvert; 3) adding 35 linear feet of additional bank stabilization to a stream at Permit Site 10 (replacing 141inear feet of temporary impacts authorized in the original permit), including 9linear feet of rip rap and 26 linear feet of coir fiber matting, to account for predicted stream bank instability following closure of a temporary diversion channel; and 4) adding 791inear feet of rip rap bank stabilization to a stream at Permit Site 20A (replacing 29 linear feet of temporary impacts authorized in the original permit), to account for predicted stream bank instability following release of water into the culvert currently under construction. Note that your modiiication request, dated June 26, 2015, was sent to relevant Federal and State agencies via electronic mail on July l, 2015, for a 15 day comment period. Following evaluation of the information submitted in your modification request, the additional justification provided via electronic mail on July 7, 2015, and comments made during the agency Public Notice period, the U.S. Army Corps of Engineers, Wilmington District has determined that it is appropriate and reasonable and not contrary to the public interest. Therefore, the permit is modified to include the requested additional stream impacts. This work must be constructed for Permit Sites 20A, 31, and 32A as shown on drawings included in your modification request dated June 26, 2015 (revised Permit Drawing Sheets 54, 55, 79, and 80 of 93), and for Permit Site 10 as shown on drawings included in your revised modification request dated July 7, 2015 (revised Permit Drawing Sheets 32 and 89 of 93). In addition, the following special condition regarding additional compensatory mitigation has been incorporated: 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 -3- 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. The U-2525BC project now totals permanent impacts to 23,4121inear 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 fll material into 785 linear feet of jurisdictional stream channel and 0.26 acre of adjacent riparian wetlands associated with the relocation of utility lines. Should you have questions, contact Mr. David E. Bailey, Raleigh Regulatory Field Office at telephone (919) 554-4884, Extension 30 or David.E.Bailev2�usace.arm �.�. Sincerely, C �"'�Kevin P. Landers Sr. Colonel, U.S. Army District Commander Attachments Copy Furnished with Attachments: 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, NC 27105 Mr. Jerry Parker Division Environmental Supervisor, Division 7 North Carolina Department of Transportation Post Office Box 14996 Greensboro, NC 27415 � Ms. Carla Dagnino North Carolina Department of Transportation Division of Highways 1598 Mail Service Center Raleigh, NC 27699-1598 Copy Furnished without Attachments: Mr. Pete Benjamin U.S. Fish and Wildlife Services Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, NC 28516 Ms. Cynthia Van Der Wiele U.S. Environmental Protection Agency - Region 4 Wetlands Regulatory Section Sam Nunn Atlanta Federal Center 61 Forsyth Street, S W Atlanta, GA 30303-8960 Ms. Renee Gledhill-Early North Carolina Division of Cultural Resources NC State Historical Preservation Office 4617 Mail Service Center Raleigh, NC 27699-4617 Ms. Amy Chapman Transportation Permitting Unit Division of Water Resources North Carolina Department of Environment and Natural Resources 1617 Mail Service Center Raleigh, NC 27699-1617 Mr. Travis Wilson North Carolina Wildlife Resources Commission Eastern Region Highway 1718 Hwy. 56 West Creedmoor, NC 27522 �y