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Home My WebLink About20150931 Ver 2_USACE Correspondence_20160531DEPARTMENT OF THE ARIVIY WILMINGTON DISTRICT, CORPS OF ENGINEERS 151 PATTON AVENUE ROOM 208 ASHEVILLE, NORTH CAROLINA 28801-5006 May 20, 2016 Regulatory Division Action ID: SAW-2012-00156 Mr. Philip S. Harris III, P.E. North Carolina Department of Transportation Project Development and Environmental Analysis Unit 1548 Mail Service Center Raleigh, North Carolina 27699-1598 Dear Mr. Harris: o L��[��bL� �� D �!�� 1 2016 oeivk - 4uH, ER RESOURCES 7RANSPORT�4T��N PERM�'(1'��C l�y!'� Please reference the Department of the Army permit issued on January 28, 2016 for the I-77 High Occupancy Toll (HQT) lanes project (TIP #s I5405, I4750AA and I3311C) which starts north of NC 150 in Iredell County and continues south along I-77, deviating from I77 at the I-277 interchange and following I-277 approximately to terminate at North Brevard Street in Charlotte, Mecklenburg County, North Carolina. The January 28, 2016, permit authorized the permanent impact to 4,1621inear feet of stream channel (of which 225 linear feet is bank stabilization), <0.01 acre of wetland, and <0.01 acre of open water. Temporary impacts include impacts to 491 linear feet of stream channel, 0.1 acre of wetland, and 0.06 acres of open water. Please additionally reference your Maxch 28, 2016, letter requesting a permit modification for the North Section (STIP Project I-4750AA) of the project. The January 28, 2016, permit authorized preliminary impacts for the North Section and the March 28, 2016, permit modification request includes the final impacts for the North Section based on the final design. The final design impacts for the North Section are as follows: Permanent Bank Temporary Mitigati Stream Stream Name/ erm. Fill emp. Channel Stabilizatio Channel n(Ifl Site NRTR ID (ac) ill (ac) �pact (I fl n(I fl Impacts (I fl UT to 1-N G�bles - 0.01 263 - Creek I SB UT to Work ;0.01 <0.01 9 - 15 9 2-N Creek I SF2 UT to Work 3-N Creek I SHI <0.01 <0.01 18 23 20 18 Lake Norman/ SWI and SWJ - 0.12 - - - 4-N <_0.01 TOTAL Stream Impacts <0.01 0.1� 27 23 298 27 -2- The final design for the North Section has resulted in a decrease of overall permanent impacts to streams by 401f, an increase of overall temporary impacts to streams by 263 lf feet and increase of total temporary i_mpacts to open waters by 0.06 acre. The total revised impacts for the entire project are as follows: Section Design Wetland Wetland S�.e� Stream Open Wate Open Stage �Pact Type Impact Area �Pact Type �Pact linear Impact Water (ac) . foot Type Impact Area (ac) Temp Impact 0.06 Pe�anent 185 Impact Central Fina1 pe��ent Stab hazation 225 NA NA Impact <0.01 Temporary Impact 491 Permanent � 2� Permanent <0.01 � Impact Tmpact North Final NA � Stab hazat�on 23 Temporary Temporary 298 Impact - �•12 . Impact South Prelimin Pe�anent ary Temp Impact 0.04 3 662 NA NA Impact. ' Total Permanent Impacts <0.01 4,122 <O.OI Total Temporary Impaets 0.10 789 0.12 After review of the file and the modification request we have determined, per Special Condition 1 of the January 28, 2016, permit, that the proposed modified final plans for the North Seciion have been min;,,,;zed to the maximum extent practicable and that the compensatory mitigation plan for the North Section adequately compensates for the proposed impacts for the North Section. Further, we have determined that the proposed changes to the permit are minor and a supplemental public notice is not necessary. Based on coordination with United States Fish and Wildlife Serve (USFWS), consultation for the NLEB conducted prior to the issuance of the January 28, 2016, permit remains valid for the revised North Section and no further coordination with FWS is required. Accordi.ngly your permit is hereby modified and a copy of the modified plans are enclosed. The total impacts authorized by�the January 28, 2016, permi� and this modification iaiclude the permanent impacts to 4,1221inear feet of stream channel (of which 24� linear feet is bank stab�lization), <0.01 acre of wetland, and <0001 acre of open water. Tempora�ry a�pacts include impacts to 79� linear feet oi stream channel, 0.1 acre of wetl�nd, and 0.12 acres of open watex. -3- It is understood that all other conditions of the original permit remain applicable. In accordance with Special Condition 1, construction on the Southern Section, STIP Project I-3311C, shall not commence until iinal design has been completed for this section, the permittee has minimized impacts to waters and wetlands to the maximum egtent practicable; any modifications to the plans, and a compensatory mitigation plan have been approved by the US Army Corps af Engineers (the Corps). . Mitigation for the Central Section has already been completed. Mitigation for the North Section 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. You should address all questions regarding this authorization to Ms. Crystal Amschler at the Asheville Regulatory Field Office, telephone (828) 271-7980 extension 231. Sincerely, � � � G�- Kevin P. Landers, Sr. Colonel, U.S. Army District Commander Enclosures cc (with enclosures): Mr. John Sullivan, III, PE Division Ad.ministrator FHWA — NC Division 310 New Bern Avenue, Suite 410 Raleigh, Nortli Carolina 27601 NOAA/National Ocean Service 1315 East-west Hwy., Rm 7316 Silver Spring, Maryland 20910-3282 Mr. Fritz Rohde National Marine Fisheries Service 101 Pivers Island Road Beaufort, North Carolina 28516 � Ms. Amy S. Chapman Transportation Permitting Unit NC Division of Water Quality 1617 Mai1 Service Center Raleigh, NC 27699-1617 Ms. Marla Chambers Westem Region Highway Project Coordinator NC Wildlife Resources Commission 12275 Swift Road Oa,kboro, North Carolina 28129 Ms. Marella Buncick US Fish and Wildlife Service Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, North Carolina 28801-1082 Mr. Todd Bowers Wetlands Protection Section — Region N Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Doug Huggett NC Department of Environmental Quality Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557 Dr. Pace Wilber National Marine Fisheries Service 219 Fort Johnson Road Charleston, South Carolina 29412-9110 North Carolina Dept. of Environmental Quality Division of Water Quality Transportation Perrnitting Unit Ms. Donna Hood 610 E. CenterAve, Ste 301. Mooresville, North Carolina 28115 -5- Ms. Carla Dagnino Western Region Environmental Program Supervisor II NC Department of Transportation Natural Environment Section Project Developr�ent and Environmental Analysis 1598 Mail Service Center Raleigh, North Carolina 27699 -1598 cc (without enclosures) Mr. Roger Rochell, P.E., NC Department of Transportation Technical Services Administrator, 1516 Mail Service Center, Raleigh, North Carolina 27699-1516 NOTI�'ICATION, OF ADMQVISTRATIVE APPEAL OPTIONS AN:D PROG - REQUEST FOB.A�PEA�,: . _ Applicant: NC Department Of Transportation / File Number: Mr. Philip S. Harris III SAW-2012-00156 Attached is: ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of � PROFFERED PERMIT (Standard Permit or Letter of ermissio ❑ PERMIT DENIAL ❑ APPROVED JURISDICTIONAL DETERMINATION ❑ PRELIMINARY JLJRISDICTIONAL DETERN�NATION ESS A�TD � �: . . Date: 5/19/2016 See Section below � : � � � — SECTION I- The following identifies your rights,and options regarding an administrative appeal of the above decision. Additional information may be found at http:!/www.usace.army.miUinetJfunctions/cw/cecwo/re� or Gorps regulations at 33 CFR Part 33 L - A: INITLAL PROFFERED PERIVIIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the pernut document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit ar acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must eomplete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you wil] forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating yow objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERNIIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Admuustrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JLJRISDICTIONAL DETERl��IINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps disirict for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. - _ - = -- - _- _ - - _ - ,_ - ,::�--.:r-- - - - - � �.. _-- - - - _ _ " _ _ ' - ' :•Y' _ - � _ _ - __ ' - _ _ _ '`�= _ _ _ - _ _ _ _ ' _ - _- _ _ . _ _ _ _ �1.-- - - _ - _ _ " ' _ - _ - _ _ � __ _ _ � - _ _- _ _ - _ _ -_' _ - `_ _ - a:`+�..a-z.�_•'�' :SEC=: >I :� - � - - T O� N=II == RE � .UES� _ FU#p'APP� - T� R E" - - A.L or0' JE � - B CTIbN�yTQ��AN'; - - - _ 1NITIAL:EROFFERED'RE�Z1yIIT�: ---- = - - - REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections �to an initial { proffered permit in clear concise statements. You may attach additional information to this forrri to clarify where your reasons or objeciions are addressed in the adrriinistrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. �POINT:OF CONTACT-'F.OR � UESTIO�tS�.ORINFORIVIATIO - = � = -- "- - - - - - - Q_. ,. _�=� : - - - ---- - - - - _>` - -- - - _..��. _:._.,�n:.��: �:_�_.__=n:.��,�.�:�z,..��ws_��,:�..: __,��.,��;.�:; If you have questions regarding this decision and/or the ` If youJonly have questions regarding the appeal process you may appeal process you may contact: also contact: Mr. J�son Steele, Administrative Appeal Review Officer District Engineer, Wilmington Regulatory I)ivision, CESAD-PDO Attn: Crystal Amschler, Project Manager U.S. Army Corps of Engineers, South Atlantic Division Asheville Regulatory Field Office 60 Forsyth Street, Room l OM15 151 Patton Avenne, Room 208 Atlanta, Georgia 30303-8801 Asheville, North Carolina 28801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investi ation, and will have the o orhini to artici ate in all site investi ations. Date: Telephone number: - Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regula%ry Division, Attn: Ms. Crystal Amschler, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 U.�e �►FtMlf CORPS OF ENGI�IEERS UVilmington District Compensatorv Miti�ation Responsibelit� Transfer Forr� Permittee: North Carolina Department of Transportation Action ID: SAW-SAW-2012-00156 Project Name: The I-77 High Occttpancy Toll (HOT) County: Mecklenburg lanes project (TIP #s I5405, I4750AA and I3311C) 1Vo�th Section STIP Project I-4750AA 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 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 Requirin� Miti�ation* 8-di�it HUC and Basin: 03050101, Catawba River Basin Stream Impacts (linear fe Warm Cool Cold Riparian Riverine Ri 27 Wetland Im Non-Riverine � Non-Riparian � Coastal *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Stream Mitigation Warm Cool 54 uirements: S-di�it HUC and Basin: 03050 Wetland Catawba River Basin credits Cold I Riparian Riverine I Riparian Non-Riverine I Non-Riparian I Coastal Mitigation Site Debited: (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. Ifthe 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 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: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Page 1 of 2 Form Updated 12 September, 2014 USACE Wilmington District Compensatory Mitigation Responsibility Transfer 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: This form is for the Central Section onlv. Separate forms for the Northern and Southern Sections will be prepared subsequent of the finalization of these plans and the modification of the permit. 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 shou/d provide copies of this form a/ong with an updated bank ledger to:1) the Permittee, 2J the USACE Project Manager at the address below, and 3) the Wilmington District 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: Crystal Amschler USACE Field Office: Asheville Regulatory Field Office Email: US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 USACE Project Manager Signature .�� 9��,� Click here to enter a date. 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://reRulatorv.usacesurvev.com/ to complete the survey online.