HomeMy WebLinkAbout19980623 Ver 4_USACE Permit_20240617DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
June 17, 2024
Regulatory Division
Action ID No. SAW-2011-01934
Mr. Ronald Kopplin
Martin Marietta
2235 Gateway Access Point
Raleigh, North Carolina 27607
Dear Mr. Kopplin:
Reference the Department of the Army (DA) permit (Action ID 2011-01934) issued to
the Martin Marietta (Hickory Quarry) on January 10, 2023, authorizing the discharge of
fill material into unnamed tributaries and wetlands of the Clark Creek watershed for
aggregate exposure by clearing and grading the Hickory Quarry Site. The project
authorized impacts to 430 linear feet of stream channel and 0.25 acre of wetlands. To
compensate for the unavoidable loss to aquatic resources, the applicant purchased 860
stream mitigation units (SMUs) and 0.5 wetland mitigation units (WMUs) from the North
Carolina Division of Mitigation Services (NCDMS) In -Lieu Fee Program.
Also reference your permit modification request letter dated February 23, 2024,
requesting DA authorization to discharge fill material into approximately 70 linear feet of
stream channel associated with the expansion of an existing stream crossing. To
compensate for the unavoidable loss of 70 linear feet of stream channel, the applicant
has chosen to purchase 140 SMUs from the NCDMS.
Following evaluation of the information submitted in your modification request, the
U.S. Army Corps of Engineers, Wilmington District has determined that it is appropriate
and reasonable and not contrary to the public interest, and no public notice is required
for this modification. Therefore, the permit is modified to include the requested 70 linear
feet of steam impacts to facilitate expanding the road crossing. Accordingly, Permit
Condition 13 of your permit is hereby modified to read:
"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."
-2-
All other conditions of the DA permit modification issued on December 22, 2022,
remain in effect as written. Should you have questions, contact Ms. Krystynka Stygar,
Charlotte Field Office at telephone (252) 545-0507 or via email
Krystyn ka. B. Stygar(a)usace.army. m il.
FOR THE DISTRICT COMMANDER
Sincerely,
Sa'A� a
Brad A. Morgan, P.E.
Colonel, U.S. Army
District Commander
Copies furnished electronically:
Mr. Thomas Brown
Environmental Services Manager
Martin Marietta
Thomas. Brown(a)martinmarietta.com
Ms. Sue Homewood
401 & Buffer Permitting Branch
Division of Water Resources
Sue. Homewood(a)deg. nc.gov
Mr. Todd Bowers
USEPA Region 4
Wetlands and Stream Regulatory Section
Water Division Quality Assurance Coordinator
Bowers. Todd(a)epa. gov
US Army Corps of Engineers — Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: Ronald Kopplin Action ID: SAW-2011-01934
Project Name: Hickory Quarry Fines recovery stream crossing County: Catawba
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 Division of Mitigation Services (NCDMS), 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 Wilmington District 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 verifies that the mitigation requirements (credits) shown below have been released
and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified
mitigation, regardless of whether 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 ledger to the Permittee, the Project
Manager who issued the permit, the Bank Project Manager, and the 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: 03050102, Catawba River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
70
*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: 03050102, Catawba River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
140
Mitigation Site Debited: NCDMS
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
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 NCDMS), as approved by the Wilmington
District, 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
USACE Wilmington District — MRTF Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the District 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 District 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. When NCDMS provides mitigation 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 NCDMS must be provided to the District
within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District 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 District
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 District, the Sponsor must obtain case -by -case approval from the District 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 District administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
This form is not valid unless signed below by the District 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
District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District
Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC27587 (or by email to SAWMIT@usace.army.mil).
Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.
USACE Project Manager: Krystynka Stygar
USACE Field Office: Charlotte Field Office
US Army Corps of Engineers
24860 University Executive Park Drive Suite 615
Charlotte
Email: krystynka.b.stygar@usace.army.mil
Wilmington District Project Manager Signature
June 17, 2024
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.mi1.