HomeMy WebLinkAbout20140727 Ver 3_Corps of Engineer Correspondence_20161214DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
5?RTES OF PSl'��tA
December 7, 2016
Regulatory Division/1200A
Action ID: SAW -2014-01246
Mr. Jack Garvey
Hanson Aggregates Southeast, LLC
2101 Gateway Centre Blvd., Suite 100
Morrisville, North Carolina 27560
Dear Mr. Garvey:
DEC
Reference is made to an email dated November 22, 2016, requesting modification to the
Department of the Army permit issued to Hanson Aggregates Southeast, LLC on May 16, 2016
for impacts to 2,523 linear feet of stream and 0.04 acre of wetlands associated with the expansion
of the Hanson Aggregates Crabtree Quarry, in Raleigh, Wake County, North Carolina.
The subject modification request is to amend the mitigation requirements for Phase II of the
project. Originally, mitigation was to be provided through payment to North Carolina's Division
of Mitigation Services (DMS) due to insufficient bank credits in the service area. At this time,
Resource Environmental Solutions, LLC has adequate stream credits available which you
propose to purchase to fulfill your mitigation requirements for Phase II. Additionally, our
records indicate mitigation requirements for Phase I are complete.
The Corps has completed the evaluation of your request for modification and agree to modify
the mitigation requirements. Permit Special Condition "o" is modified as follows:
Special condition "o" of your permit is hereby modified to read:
o) 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.
Printed on Recycled Paper
-2 -
Please note that this permit modification is not valid until receipt of a modified 401 permit as
issued from the North Carolina Division of Division of Water Resources. If you have questions,
please contact Ms. Tasha Alexander by telephone (919) 554-4884, Extension 35.
Enclosures
Copy Furnished:
Mr. Bob Zarzecki
Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104
Raleigh, North Carolina 27615
Ms. Jennifer Burdette
512 N. Salisbury St.
9th Floor
Raleigh, North Carolina 27604
Sincerely,
e
Kevin P. Landers, Sr.
Colonel, U.S. Army
District Commander
Printed on Recycled Paper
US. ARMY CORPS OWilmington District
F ENGINEERS o'.M esponsibilitTTransfer
Permittee: Hanson Aggregates Southeast, LLC / Jack Garvey
Project Name: Hanson Crabtree Quarry Expansion, Phase II
Action ID: SAW -2014-01246
County: Wake
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 Requiring Mitigation* 8 -digit HUC and Basin: 03020201. Neuse River Basin
Stream Impacts (linear feet) Wetland Impacts (acres)
Warm
Cool
Cold Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
510
*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: 03020201, Neuse River Basin
Stream Mitigation (credits) Wetland Mitigation (credits)
Warm
Cool
Cold Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
510
Mitigation Site Debited: EBX-Neuse I sponsored Neu -Con Wetland & Stream Umbrella Mitigation Bank -Selma Mill Site
(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 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 23 November, 2015
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:
Compensatory mitigation will be provided for the above reference project through the purchase of the appropriate credits
as listed above from Resource Environmental Solutions LLC (RES) - EBX-Neuse I sponsored Neu -Con Wetland & Stream
Umbrella Mitigation Bank- Selma Mill Site. A letter from RES dated November 21 2016 confirming that they are willing and
able to accept the applicants compensatory mitigation responsibility was included with the modification request Phase II
consists of impacts to 510 linear feet of stream. A mitigation ratio of 1.1 was deemed appropriate
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 to: 1) the Permittee, 2) the USACE
Project Manager at the address below, and 3) 510the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405
Falls of Neuse Road, Wake Forest, NC27587 (email. todd. tugwell@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: Tasha Alexander
USACE Field Office: Raleigh Regulatory Field Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Email:Tasha.l.alexander@usace.army.mil
December 7 2016
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.mil.
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