HomeMy WebLinkAbout20130918 Ver 6_2005-21386 Permit Mod Letter_20150727REPLY TO
ATTENTION OF:
DEPAR7MEfVl' OF iHE ARfVIY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
Regulatory Division/1200A
Action ID: SAW-2005-21386
July 24, 2015
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) pei�rnit 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 tei�rninus. 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 Creelc, 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, October 31, 2014, December 4, 2014, and March 12, 2015, include: 1)
The permanent placement of fill material into 23,0121inear 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 iill 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 pet�rnit special conditions.
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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 281inear feet of stream (authorized as banlc stabilization in the original
permit) in a culvert (loss of waters) at Permit Site 32A to coi�ect perching at the
downstream end of an existing culvert;
3) adding 351inear 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 261inear 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 291inear 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 modification 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 Coips 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 �9 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
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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 pei7nit, including the permit expiration date of December
31, 2019, remain in effect as vcnitten. 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 fill material into 7�S 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 Ofiice at
telephone (919) 554-4884, Extension 30 or David.E.Bailey2(c�usace,army.mil.
Sincerely,
� C �
� "'�Ke�in P. Landers Sr.
Colonel, U.S. Army
District Commander
Attachments
Copy Furnished with Attachments:
IVI�. 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. Jei�ry Parker
Division Environmental Supervisor, Division 7
North Carolina Depai-tment of Transportation
Post Office Box 14996
Greensboro, NC 27415
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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, SW
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 Pei7nitting Unit
Division of Water Resources
Noi�th 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
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Permi4tee: North Carolina Department of Transportation
Project Name: NCDO'f/U-2525 B and C/Division 7
Action ID: SAW-2005-21386
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* �-digit HUC and Basin: 03030002, Cape Fear River Basin
Stream Impacts (linear feet) Wetland Impacts (acres)
Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal
20,784 9.95
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
�pensatory Mitigation E
Stream Mitigation
Warm Cool
38,591
irements: 8-di�it HUC and Basin: 03030002, Cape Fear River Basin
Wetland Mitigation (cred
Cold � Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal
-� 19.88
Mitigation Sife Debited: North Carolina Division of Miti�ation Services (NCDMS)
(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).
Secfion to be completed by fhe 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 NCEEPj, 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 of Sponsor's Authorized Rep
Signature of Sponsor's Authorized Representative
Daie of Si�nature
Page 1 of 2 Form Updated 23 October, 2013
USACE Wilmington District
Compensaiory IVlitigation Responsibility iransfer Forrn, 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:
• This Form supersedes the Compensaiory Mitigation Responsibility 7ransfer Forms dated April 14,
2014, October 31, 2014, and December 4, 2014, ihat were included as part of the DA Permit dated
April 15, 2014 and subsequent Permit Modifications.
• This modification results in a net INCREASE in the number of s4ream credits required relaiive to the
original DA Permit dated April 15, 2014 and subsequent Permii Modificaiions, consisiing of addiiional
permanent loss of 314 linear feet ofi stream channel at a 2:1 ratio (62� additional crediis required).
• Additional on-site rnitigation was required by special permit condition included in the original DA
Permit dated April 15, 2014. 7his requiremeni has not changed as a result of ihis 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 fo: 1J the Permittee, 2J the
USACE Project Manager at fhe address below, and 3J the Wilmingfon Districf Mitigation Office, Attn: Todd 7'ugwell,
11405 Falls of Neuse Road, Wake Foresf, IVC2758i (email: todd.tugwell�a 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.armv.mil
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2015
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
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