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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.